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HomeMy WebLinkAbout11/13/1989 - Regular MeetingPresent Motion All Ayes *Motion All Ayes a I J CITY OF NEWPORT BEACH MINUTES no g REGULAR COUNCIL MEETING 9� PLACE: Council Chambers \G9�j1 A TIME: 7:30 P.M. tPS DATE: November 13, 1989 x x x x x x x x x I A. ROLL CALL. B. Reading of Minutes of Meeting of October 30, 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 continued public hearing regarding proposed ORDINANCE NO. 89 -28, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING THE MULTI- FAMILY RESIDENTIAL (MFR) DISTRICT [PLANNING COMMISSION AMENDMENT NO. 6871. Report from Planning Department. The City Manager summarized the staff report noting the purpose of the subject ordinance is to implement the provisions of the comprehensive revisions to the General Plan adopted by the City Council on October 24, 1988. When the Council adopted said General Plan revisions, residential densities were designated for various multi - family areas. These densities and permitted uses do not directly correspond to the existing R -3 or R -4 residential zoning categories, and therefore, a new Multi- Family Residential District (MFR) has been proposed. The proposed zoning does not yet apply to any properties. In essence, the ordinance increases the height limit consistent with R -3 and R -4 zoning; it requires a 4 foot side yard setback where there is a side entrance; and it requires an 8 foot rear yard setback in Corona del Mar to accommodate vehicles. Todd Schooler, Architect, 503 32nd Street, addressed the Council in support of the proposed ordinance. He stated he represented a group of local architects who have reviewed the revised ordinance and are satisfied with the changes, and expressed appreciation to the staff for allowing them to give input on this issue. Volume 43 - Page 445 Ord 89 -28 Zoning (94) M on CITY OF NEWPORT BEACH MINUTES oo \�� ZF CFA GIN November 13, 1989 All Ayes �J x 2 Rob Patterson, Architect, 510 Catalina Avenue, also addressed the Council in favor of the proposed ordinance and thanked the staff for all their cooperation and efforts in this regard. David Diem, Architect, 180 Newport Center Drive, addressed the Council in support of the proposed ordinance; however, he felt the revised document discourages the adding of garage space to the minimum required, particularly in Corona del Mar, and therefore, suggested the ordinance be amended. Susie Picker, 110 9th Street, addressed the Council and recieved clarification of the proposed ordinance. Brion Jeannette, Architect, 470 N. Newport Boulevard, addressed the Council and stated he felt the proposed ordinance, in general, will reduce density. He also felt the Council may want to analyze further the suggestion of Mr. Diem regarding the issue of allowing additional parking beyond that which is required. Hearing no others wishing to address the Council, the public hearing was closed. Following discussion, motion was made to reintroduce Ordinance No. 89 -28 and pass to second reading on November 27, 1989. Mayor Strauss commented that he would support the motion; however, he preferred the original ordinance recommended by.the Planning Commission which included the 24/28 foot height limitation. Council Member Watt also indicated she was "skeptical" as to the revised height limit, but inasmuch as the ordinance will be coming back in two weeks for adoption, she stated she will support the reintroduction. The motion was voted on and carried. Mayor Strauss opened the public hearing regarding proposed ORDINANCE NO. 89 -33, being, Volume 43 - Page 446 Zoning (94) 89 -33 • C J CITY OF NEWPORT BEACH MINUTES o+� y C .� t 9� November 13, 1989 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 9 TO PLACE SUBJECT PROPERTY IN THE R -3 DISTRICT OF THE CANNERY VILLAGE /MCFADDEN SQUARE SPECIFIC PLAN (SP -6) DISTRICT [PLANNING COMMISSION AMENDMENT NO. 6861. Report from Planning Department. Letter from Jacqueline E. Doyle regarding City Design Engineer Lloyd Dalton's letter of October 4, 1989, and the proposed City's sewer easement project affecting her property at 1 La Rochelle. The City Clerk advised that after the agenda was printed, an additional letter was received from Jacqueline E. Doyle regarding the proposed City's sewer easement project in the subject area. In response to question raised regarding Ms. Doyle's concerns, and her two letters, the Planning Director reported that after the Planning Commission's hearing on this matter, it came to the attention of the Planning Department that the Public Works Department was in the process of trying to obtain an easement across the rear of some of the subject properties in order to relocate an existing sewer line. The area is one of two blocks on the Peninsula where an alley does not exist to give vehicular access to the properties from the rear. Since it is the desire of the City to obtain an easement for the sewer line across the back of the subject property being considered by the Council, he recommended additional language be added to the ordinance requiring the owner of the property to dedicate the easement for sewer purposes prior to being issued building permits. He stated the amendment would read as follows: "This ordinance shall not take effect until 30 days after the date of its adoption, nor shall it take effect prior to the recordation of a 5 foot wide sewer easement to be located across the northerly 5 feet of the subject property, or in another location acceptable to the Public Works Department." Volume 43 - Page 447 PCA 686 Motion • Ayes CI CITY OF NEWPORT BEACH MINUTES �9y9� �l G ; � November 13, 19139 x Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to reintroduce Ordinance No. 89 -33, as amended in the foregoing, and pass to second reading on November 27, 1989. 3. Mayor Strauss opened the public hearing IOrd 89 -34 regarding proposed ORDINANCE NO. 89 -34, Zoning being, (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING DISTRICTING MAPS 2, 3, 8, 9, 10, 11 AND 12 TO RECLASSIFY VARIOUS PROPERTIES LOCATED IN THE GENERAL AREAS OF THE BALBOA PENINSULA, MCFADDEN SQUARE, AND WEST NEWPORT, FROM THEIR CURRENT ZONES OF C -1, R -2, R -3, and R -4 TO R -1 AND R -2 TO MAKE THE ZONING CONFORM WITH THE GENERAL PLAN LAND USE ELEMENT; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT [PLANNING COMMISSION PCA 692 AMENDMENT NO. 6921. Report from the Planning Department. Letters from H. D. and Marion Coddington, Mel Parsons, and the Terry McKenzie Family concerned about proposed zone changes affecting their property. The City Clerk advised that after the agenda was printed, 15 additional letters were received in protest to the proposed rezoning of properties on the Peninsula. The City Manager advised that the purpose of the proposed ordinance is to be consistent with the densities of the General Plan Amendment adopted by the City Council in October 1988. Areas were evaluated on a block by block basis, and the predominant lot size was used to determine the appropriate land use designation. The table below outlines the general guidelines used to make the land use designation decisions. Volume 43 - Page 448 • • • CITY OF NEWPORT BEACH COUNCIL MEMBERS November 13, 1989 New General When Lots Predominant Plan Desig- Were Zoned Lot Size nation MINUTES less than S/F residential R -2 2000 sq. ft. greater than 2/F residential 2000 sq. ft. R -3 less than S/F residential 2400 sq. ft. & less than 2/F residential 3600 sq. ft. R -4 greater than Multi /F 3600 sq. ft. residential It was also pointed out that the creation of nonconforming uses is a concern that arises when zoning classifications are changed. Approximately 63% of the properties proposed for R -1 zoning are currently developed with single - family residences, while 71% of the properties proposed for R -2 zoning are currently developed with duplexes. These figures indicate that a large percentage of the lots are developed in accordance with the proposed zoning classifications. There are 926 lots proposed for zone changes and of these lots, 258 are currently nonconforming properties. The proposed zone change will create an additional 42 nonconforming properties. Existing legal nonconforming buildings and uses will be allowed to continue and be maintained under the provisions of the City's Zoning Code. There is no requirement being proposed that would require removal of existing buildings that do not conform to the proposed zoning. Current regulations allow for normal repairs and maintenance of legal nonconforming building to be done with a Building Permit. Any major renovation or structural alterations requires discretionary approval from the Planning Commission. Since some existing developments would become nonconforming by use, the addition of square footage to existing structures would not be permitted under current regulations. In the case of catastrophic damage'such as earthquake, flood, or fire, legal nonconforming buildings damaged to less than 90% can be rebuilt with a Building Permit. Legal nonconforming buildings damaged to greater than 90% require a Use Permit approved by the Planning Commission to rebuild. Volume 43 - Page 449 Zoning CITY OF NEWPORT BEACH MINUTES G9'Z �Q`G�► 9 9A Of 9� L CALL�� y� $�� GAS November 13, 1989 Zoning It was further noted that if an applicant has already submitted plans for plan check or if an approval in concept is pending, said applicant would be "grandfathered" in, and therefore, • would be issued a permit under the previous ordinance. If the ordinance under consideration is adopted following this public hearing, it would be effective 30 days from this date. Gordon Livingston, (no address given) addressed the Council and inquired if his 2 -unit duplex was destroyed by fire, would he be permitted to rebuild a new duplex pursuant to the provisions of the proposed ordinance. The Planning Director responded that if more than 90% of the assessed value of the structure is destroyed, then Mr. Livingston could rebuild with the approval of a use permit; and if it is less than 90% destroyed, then he could rebuild with only a building permit required. The following persons addressed the Council in opposition to the proposed ordinance: • Ken Riley, 509 -511 W. Balboa Boulevard. Jacques Renau, 107 26th Street Joyce Barnes, 122 E. Bay Avenue Stuart McKenzie, Vice President of Central Newport Beach Community Association, 1205 W. Bay Avenue Bill Meyer, 5011 Seashore Avenue Sid Soffer, 107 21st Place Sovo Stoshitch, 314 Alvarado Place Robert R. Pilling, 1136 W. Balboa Boulevard Jim Hodges, 1230 W. W. Balboa Boulevard Marjorie Shayne, 117 E. Bay Avenue (also representing Audrey H. Shean, 119 E. Bay Avenue) Edward Sturdevant, 110 E. Bay Avenue Frances Andorka, 304 E. Ocean Front Charles J. Morris, 310 E. Bay Avenue Terry McKenzie, 1151 W. Balboa Boulevard Robert Gardner, 823 W. Balboa Boulevard Robert Berg, 325 Alvarado Place • Howard Hall, 620 W. Balboa Boulevard Ola Assem, 1240 W. Balboa Boulevard Volume 43 - Page 450 Zoning L is Motion • CITY OF NEWPORT BEACH MINUTES dA S. 0 9 tf+ G � 9 t � A ?F AVM �� November 13, 1989 x Ayes x x x x x x Noes x • The following persons addressed the Council in favor of the proposed ordinance: Dr. Jan D. Vandersloot, 2221 16th Street Virginia Herberts, 2290 Channel Road Susie Picker, 110 9th Street Hal Bird, 400 Clubhouse Hearing no others wishing to address the Council, the public hearing was closed. Following comments by Council Members Turner and Cox, motion was made to adopt Ordinance No. 89 -34, amending Districting Maps to reclassify various properties located in the Balboa Peninsula, McFadden Square and West Newport; and accept the Environmental Document. In response to comments of Council Member Watt, the City Attorney advised that the Planning Department staff is currently in the process of drafting some revisions to the nonconforming section of the Zoning Code, and when that issue is before the Council, the Council may want to explore some new concepts which would allow certain property owners the right to enlarge existing structures, which could avoid as many hardship cases as possible. He added that under the present Zoning Ordinance property owners do not have this right. Discussion continued, wherein Council Member Plummer stated that she will not be supporting the motion due to block zoning, which she indicated she felt was unfair, inasmuch as there are not that many nonconforming properties involved. She does not want to penalize those property owners who are going to lose the opportunity to build to the current standards being considered at this time. The motion was voted on and carried. 4. Mayor Strauss opened the public hearing regarding proposed ORDINANCE NO. 89 -35, being, Volume 43 - Page 451 Zoning 94) 89 -35 • • • CITY OF NEWPORT BEACH MINUTES C+0 $ f 9NNovember 13, 19$9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO DEFINE AND REGULATE "SPECIALTY FOOD" USES IN THE CITY; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT [PLANNING COMMISSION AMENDMENT NO. 6791. Report from the Planning Department. The City Manager noted that from time to time, the Council has considered use permits for small take -out type restaurants, and it has been the opinion of many Council Members that a small take -out restaurant should not be treated with the same requirements and conditions as a larger restaurant; and therefore, the subject ordinance was prepared. In order to relieve the smaller facilities from the burden of obtaining use permits, it is suggested that the Zoning Code be amended to provide a new category of food service to be called "specialty food" use. Under the draft restaurant ordinance amendment, Modifications Committee approval, rather than a use permit would be required for specialty food establishments having a gross floor area of 1200 square feet or less, counter space or seating for 12 or fewer patrons, and a minimum of one parking space for each 250 square feet of gross floor area. Those specialty food uses not meeting these criteria would still be subject to the approval of a use permit. Council Member Turner referenced Page 3, Item D(1), "Provides off - street parking spaces at a ratio of one (1) space per 250 square feet of gross floor area. No credit shall be given for existing nonconformities," and indicated he felt the word "No" should be deleted so that the nonconforming buildings would not have to provide one parking space for every 250 square feet of gross floor area. The Planning Director responded that the aforementioned provision regarding parking was the "heart and soul" of the ordinance that was approved by the Planning Commission. Volume 43 - Page 452 679 Motion • Motion is x CITY OF NEWPORT BEACH tP,A f, C' A GAS November 13, 1989 x MINUTES The City Attorney stated that one of the Zoning things the "specialty food" ordinance does is change the nature of this type of food service to a retail use as opposed to a restaurant use. Dr. Jan D. Vandersloot, 2221 16th Street, addressed the Council and discussed the definition of "Specialty Food Service" as it relates to various take -out type establishments in the City. He also stated he felt the Modifications Committee was not as accessible to the public as the Planning Commission, and if there is any doubt as to the terms and definitions set forth in the ordinance, the Planning Commission would be the more appropriate body to hear these matters over the Modifications Committee. Hearing no others wishing to address the Council the public hearing was closed. Motion was made to reintroduce Ordinance No. 89 -35, amending Title 20 to define and regulate "Specialty Food" uses in the City, with the exception that the word "No" be deleted from Item D(1) on page 3 of the ordinance; and accepting the Environmental Document. Substitute motion was made to adopt Ordinance No. 89 -35, as presented, amending Title 20 to define and regulate "Specialty Food" uses in the City; and accept the Environmental Document. Council Member Sansone asked the maker of the motion to accept an amendment regarding Item C(1) Hours of Operation, changing the time from 6:00 a.m. to 7_00 a.m., to which Council Member Watt indicated she had no objection. The City Attorney advised that if the substitute motion carries as amended by Council Member Sansone, then the ordinance should be reintroduced and passed to second reading on November 27, 1989. Discussion ensued with regard to Council Member Turner's proposed amendment to Item D(1), wherein the City Attorney advised that the way the proposed ordinance reads at present, the Modifications Committee cannot waive any parking. For the use to qualify as a specialty food service, parking has to Volume 43 - Page 453 CITY OF NEWPORT BEACH 4 November 13, 1989 • Ayes Noes Ix Ix I xI xI xI xI x • MINUTES be provided on the basis of one parking space for every 250 square feet of gross floor area, which definition can be moved to the Development Standard section of the proposed ordinance so that the Modifications Committee would have the power to waive that requirement if that is the Council's desire. As an alternative, the language relating to the parking issue in Item D(1) could be moved to the Development Standards section, stating that the parking requirements can only be waived by the Planning Commission. Following consideration, the substitute motion to reintroduce Ordinance 89 -35, as amended by Council Member Sansone, was voted on and carried. 5. Mayor Strauss opened the public hearing regarding proposed ORDINANCE NO. 89 -36, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING REGULATIONS PERTAINING TO LOW - AND MODERATE - INCOME HOUSING WITHIN THE COASTAL ZONE [PLANNING COMMISSION AMENDMENT 90. 690). Report from Planning Department. It was pointed out that the subject ordinance will eliminate Council Policy P -1, and that the new chapter proposed for the Municipal Code is consistent with the requirements of State law. In addition to establishing regulations concerning low- and moderate - income housing within the Coastal Zone, the ordinance provides that fees covering the costs of administration are to be established by resolution of the City Council. The resolution also permits the City Council to waive all or a portion of the fees. The proposed fee schedule is more representative of the various services provided by City staff. David Diem, Architect, 180 Newport Center Drive, addressed the Council in support of the proposed ordinance. He also discussed Section 20.75.030 - Coastal Residential Development Permit Required, and received clarification from staff as to the intent. Volume 43 - Page 454 89 -36 RM L Motion • Ayes :• • CITY OF NEWPORT BEACH MINUTES November 13, 1989 Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to: (a) Adopt proposed Ordinance No. 89 -36, amending Title 20 to establish regulations pertaining to low- and moderate - income housing within the coastal zone; and (b) Adopt Resolution No. 89 -120 to approve fees established by the Ordinance. Mayor Strauss opened the public hearing regarding REVOCATION OF USE PERMIT NO. 3321 for failure to comply with specific Conditions of Approval of said use permit, being a request of NANCY AND ROBERT CLARK (NEWPORT SOUND WAVES) to permit the establishment of a retail sales facility specializing in the sale and installation of automobile accessories and auto detailing, on property located at 2906 West Coast Highway, on the northerly side of the highway between North Newport Boulevard and Riverside Avenue in Mariners Mile; zoned SP -5. Report from the Planning Department. The City Manager referenced the staff report which listed 11 violations of the subject use permit. He stated that some of the 11 violations have been partially satisfied, particularly Condition No. 12 relating to containerized landscaping. The facility has been in operation illegally for over one year, and the applicants were aware since October 18, 1988 that the use permit could not be implemented until all of the Conditions of Approval had been met. Ted Dean, 2678 Raven Circle, Corona, Attorney representing the applicant, addressed the Council and stated that the applicant has submitted revised plans which now satisfy the parking requirements and also the requirement to work within an enclosed area. The applicants have terminated the window tinting and auto detailing portions of their service and have made arrangements to handle larger vehicles at another location in Costa Mesa. An encroachment permit has been obtained from CalTrans as required. The applicants have spent a considerable amount of money on their building, rather than complying with all Volume 43 - Page 455 89 -120 J/P 3321 (88) LL • Motion Motion All Ayes E CITY OF NEWPORT BEACH EMBERS MINUTES 0 4c Fy GIN November 13, 1989 INDEX of the conditions of approval of the use U/P 3321 permit immediately as it was their understanding at the Planning Commission hearing they had 24 months in which to comply with all conditions. He suggested this matter be referred back to the Planning Commission so that the applicants can pursue compliance with "appropriate speed." Dr. Jan D. Vandersloot, 2221 16th Street, addressed the Council and questioned why the applicants have taken so long to satisfy the conditions of their use permit. He stated the primary concern of residents in Newport Heights is the noise which emanates from their building when the applicants are working outside, and strongly urged that Condition No. 6 be enforced immediately which requires that all stereo music be confined to the interior of the building. Hearing no others wishing to address the Council, the public hearing was closed. x Motion was made to uphold the decision of the Planning Commission, and revoke Use Permit No. 3321. Council Member Cox spoke against the motion stating he felt this issue should be referred back to the Planning Commission. Following discussion, Council Member Hart amended her motion to revoke said use permit, if all conditions of approval have not been met by December 11, 1989. x Discussion ensued with regard to the revised plans which had been recently submitted, and following consideration, Council Member Hart withdrew her motion, and motion was made by Mayor Strauss to reopen the public hearing and continue this matter to November 27, 1989, to allow the staff to review said plans and work with applicants regarding compliance of their use permit. 7. Mayor Strauss opened the public hearing GPA 89 -2(K) regarding: (45) A. GENERAL PLAN AMENDMENT NO. 89 -2(K) - Request of BALBOA YACHT CLUB, Corona del Mar, to amend the Land Use Element of the Newport Beach General Plan for the Bayside Drive Volume 43 - Page 456 • is CITY OF NEWPORT BEACH a� y Co g � November 13, 1989 MINUTES Open Space area in order to allow construction of a 3,740 sq. ft. addition to the Balboa Yacht Club; VT B. LOCAL COASTAL PROGRAM AMENDMENT NO.. 22 - Request of BALBOA YACHT CLUB, Corona del Mar, to amend the Local Coastal Program Land Use Plan for the Bayside Drive Open Space area in order to allow the construction of a 3,740 sq. ft. addition to the Balboa Yacht Club. Property located at 1801 Bayside Drive, on the southwesterly side of Bayside Drive, southwesterly of E1 Paseo Drive; zoned 0 -S. Report from the Planning Department. Lee Riley, representing Balboa Yacht Club, addressed the Council in support of the request and stated he was available for questions. Council Member Watt suggested a condition of approval be added, whereby the property owner would be required to provide on -site receptacles for recyclables of aluminum, glass, newspapers, and that said materials be picked up on a timely basis. Mr. Riley indicated he had no objection to the above condition if it became a City -wide program, but felt it would be more appropriate as a condition to the use permit already existing on the property, rather than to add it to the General Plan Amendment under consideration. Council Member Cox spoke against Council Member Watt's suggestion, and stated he felt it was "totally unfair" to place this imposition on the property owner when the City has not yet initiated such a program for all residents. Susie Ficker, 110 9th Street, addressed the Council in support of the Balboa Yacht Club's request, and also stated she was in favor of a City -wide recycling program. Hearing no others wishing to address the Council, the public hearing was closed. Volume 43 - Page 457 GPA 89 -2(K) CITY OF NEWPORT BEACH COUNCIL MEMBEF Vp Motion All Ayes • MINUTES November 13, 1989 Motion was made to; (1) Adopt Resolution No. 89 -121 approving General Plan Amendment No. 89 -2(K) to amend the Land Use Element of the General Plan for the Bayside Drive Open Space area to allow construction of a 3,740 sq. ft. addition to the Balboa Yacht Club; and (2) Adopt Resolution No. 89 -122 approving an amendment to the Local Coastal Program Land Use Plan for the Bayside Drive Open Space area to allow construction of a 3,740 sq. ft. addition to the Balboa Yacht Club. 8. Mayor Strauss opened the public hearing and City Council review of an APPEAL BY BARBARA N. GARBER, Director, of the BALBOA COVES COMMUNITY ASSOCIATION, from the approval of the Planning Commission on September 21, 1989, of USE PERMIT NO. 2005(AMENDED), a request of SUMETH TILA, Newport Beach, to amend a previously approved use permit which permitted the service of on -sale alcoholic beverages in conjunction with an existing restaurant located at 4001 West Coast Highway, on the southerly side of West Coast Highway between Newport Boulevard and Balboa Boulevard, adjacent to Balboa Coves; zoned C -1 -H. The proposed amendment involves a request to establish a valet parking service in conjunction with the existing restaurant. The valet service intends to utilize available parking spaces in a proposed Municipal Parking Lot located at the northeasterly corner of Superior Avenue and West Coast Highway. Report from the Planning Department. Appeal application of Balboa Coves Community Association. The City Clerk advised that after the agenda was printed, two letters were received from residents of Balboa Coves in support of the Royal Thai's request for valet parking. It was noted that the applicant desires to establish a valet parking service utilizing available parking spaces in a proposed Municipal Parking Lot located at the northeasterly corner of Superior Avenue and West Coast Highway. The request is a result of lost parking places along Coast Highway due to its widening. Volume 43 - Page 458 Res 89 -121 Res 89 -122 U/P 2005(A) (88) CITY OF NEWPORT BEACH OUNCIL MEMBERS O 9 November 13, 1989 MINUTES Volume 43 - Page 459 U/P 2005(A) Sumeth Tila, Applicant, 4001 W. Coast Highway, addressed the Council in support of his request, and stated the restaurant has been in operation for eight years. The restaurant has never had a problem with the City; has a good relationship with Balboa Coves Community Association, and has 20 years left on the lease. Since the widening of Coast Highway, 20 parking spaces have been lost, and therefore, he would like to operate a valet service. The lease he has with Balboa Coves Community Association for off -site parking expires in approximately two years and he has been informed that the lease will not be renewed by the Association. He submitted three additional letters from residents of Balboa Coves in favor of his request for valet parking, and requested that the appeal be denied. Gary Douglas, 21 Balboa Coves, addressed the Council in support of the appeal. He stated that due to the lost parking spaces on Coast Highway, he felt patrons will be parking in the Balboa Coves area or Hoag Hospital lot across Pacific Coast Highway. He displayed a diagram • showing the restaurant site in relation to Balboa Coves and the Hoag Hospital lot, and stated that a public safety factor is involved and should be considered, inasmuch as people will be making a U -turn at the entrance to Balboa Coves at the same time residents will be exiting from the Coves area. Tom Bluerock, 223 34th Street, addressed the Council in support of the Royal Thai's request for valet parking, stating the future of Mr. Tila's business is at stake and that he should be given the opportunity to try the valet service. Jill Lindsay, 4 Balboa Coves, President, Balboa Coves Community Association, addressed the Council in favor of their appeal. She stated she felt the Planning Commission did not focus on the "real" issue when this matter was before them; that in many instances Mr. Tila has not cooperated with residents of Balboa Coves regarding parking; the proposed valet parking • service will be dangerous; and the request should be denied. Volume 43 - Page 459 U/P 2005(A) CITY OF NEWPORT BEACH MINUTES �„ s N no 4 \G9�� t 9 �O November 13, 1989 is Motion x Ayes x x x x x Noes x x L Motion All Ayes • x In response to question raised by Susie Ficker, resident, it was noted that the streets inside Balboa Coves are private and not public. Hearing no others wishing to address the Council, the public hearing was closed. Mayor Pro Tem Plummer stated that even though this is an unfortunate situation, she felt the Royal Thai restaurant was a definite "upgrade" from the 24 -hour Howard's restaurant that was on the site previously. She felt that Mr. Tila has been a good neighbor to the Coves, and she also felt the City has "bent over backwards" regarding the requests of Balboa Coves Community Association concerning their entrance, and sound wall. She stated the Association lacks valid evidence to oppose the request of the Royal Thai for valet parking, and in view of the conditions imposed regarding said request, she felt Mr. Tila should ' be given a chance, and therefore, moved to sustain the decision of the Planning Commission. 9. Mayor Strauss opened the public hearing regarding report on cost of work accomplished under Chapter 27 of the Improvement Act of 1911 (FINLEY TRACT STREET RECONSTRUCTION (CONTRACT NO. 24621). Report from the Public Works Department. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to approve the report; and adopt Resolution No. 89 -123 confirming the assessments; overruling any protests not allowed; assessing the cost against the benefitted properties; and providing that the assessments may be paid per payment schedule (Exhibit A), approved December 12, 1988 by the City Council. E. PUBLIC COMMENTS: Susie Picker, 110 9th Street, addressed the Council and received clarification of the Planning Department's report on the consent calendar regarding proposed General Plan Amendment No. 89 -3, Balboa Peninsula Study. Volume 43 - Page 460 U/P 2005(A) Recnstr MN Res 89 -123 Motion 0 Ayes • CITY OF NEWPORT BEACH MEMBERS \x0vi5A -040 November 13, 1989 * � \ X F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION: None. MINUTES 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 89 -124 appointing the City Clerk as the official designated to prepare SUMMARIES OF ORDINANCES OR AMENDMENTS OR ALTERATIONS THEREOF FOR PUBLICATION in a legally adjudicated newspaper in the City. 3. CONTRACTS /AGREEMENTS: None. 4. COMMUNICATIONS - For referral as indicated: (a) To City Manager for inclusion in the records, letter from Charles K. Knickerbocker in support of BALBOA BAY CLUB LEASE EXTENSION. (b) To Executive Assistant to the City Manager for response, complaint from Mildred J. Husband concerning COMCAST CABLE TV. (c) To City Attorney for response, letter from C. E. Parker, concerning vesting of title to SWAMPS AND TIDELANDS within the City of Newport Beach. (d) To City Librarian for inclusion in the records, letter from Nancy Jones with attachment concerning Friends of the Library and their support for the NEWPORT BEACH CENTRAL LIBRARY. City Clerk Res 89 -124 (32) Balboa Bay Clb C -519 (38) COMCAST Cable TV (42) City Aty (31) Library (50) (e) To Parks, Beaches and Recreation PB &R fdr response, letter from Gary and Cathy (62) Wyatt with concerns about the noise and overuse of the BASKETBALL COURTS AT 38th STREET PARK. (f) To Planning Department for Planning response, letter from Cameron & (68) Mignon Fryer concerning USE PERMIT NO. 3358 to upgrade residence at 308 Alvarado Place. Volume 43 - Page 461 CITY OF NEWPORT BEACH MINUTES ��00 A � A GIN November 13, 1989 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter from Clinton Rygel • to Orange County Board of Supervisors regarding AIRPORT FLIGHT EXPANSION PROGRAM. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Robert J: Carson alleging damages Carson to his truck as a result of City contractor spray painting street at Rutland Road on September 9, 1989. (b) Richard Huddleston alleging damages Huddleston to his vehicle as a result of City contractor spray painting street at Rutland Road on September 9, 1989. (c) Brett Johnson alleging personal Johnson injuries and damage to his bicycle as a result of fall near D Street on Balboa Peninsula on October 10, 1989. (d) Michael, Garry and Pat Concannon Garry/ alleging personal injuries to Michael Concannon • Concannon as a result of fall from trellis at San Miguel Park on July 20, 1989. (e) Pacific Bell alleging anchor and Pacific down guy damaged by City employee Bell while remodeling park on 43rd and Channel Park on May 9, 1989. 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 (66) VACANCIES: (Report from the City Manager) (a) One Librarian I, Library Department. (b) One Refuse Worker I, Refuse Division. (c) One Utilities Superintendent, • Utilities Department. (d) One Assistant Associate Planner, Current Planning Division. Volume 43 —Page 462 CITY OF NEWPORT BEACH MINUTES �j► y oo sic November 13, 1989 (e) One Refuse Worker II, Refuse Division. (f) One Administrative Clerk, Planning Department. 9. STAFF AND COMMISSION REPORTS - For Council information and filing: (a) Report from Utilities Director United Way concerning 1989 -90 UNITED WAY Organiz CAMPAIGN RESULTS. (61) 10. PUBLIC HEARING SCHEDULING: None. 11. Removed from the Consent Calendar. 12. SAN JOAQUIN HILLS ROAD SUBDRAIN AND SJoaquin SURFACE DRAIN RECONSTRUCTION, CORONA DEL Hls Rd MAR STATE BEACH ADDITIONAL PARKING Sbdrn /CdM STALLS (CONTRACT NO. 2585) - Approve the Bch Adtl plans and specifications; and authorize Pkg Stls the City Clerk to advertise for bids to C -2585 be opened at 11:00 a.m. on December 1, (38) 1989. (Report from Public Works Department) 13. STORM DRAIN IMPROVEMENT PROGRAM (CONTRACT NO. 2716) - Approve the plans Storm Drn Imprm Prg and specifications; and authorize the C -2716 City Clerk to advertise for bids to be (38) opened at 11:00 a.m. on November 30, 1989. (Report from Public Works Department) 14. Removed from the Consent Calendar. 15. RICHARD RIVETT PERMIT APPLICATION - If Permit/ desired, approve application to Drvwy construct a new driveway on Crystal (65) Avenue for 301 East Bay Front, Balboa Island, subject to decreasing the width of an existing curb cut on Balboa to 10 feet. (Report from Public Works Department) 16. HARBOR PERMIT APPLICATIONS - Uphold Harbor staff's recommendation to approve the Permits following applications, subject to (51) conditions listed in the staff reports: (a) Application No. 259 -1 - Removed from the Consent • Calendar. Volume 43 - Page 463 IL • • • CITY OF NEWPORT BEACH MINUTES tPs� y 00 •� GIN November 13, 1989 Application No. 259 -106 - Removed from the Consent Calendar. (b) Application No. 150 -7 - Removed from the Consent Calendar. (c) Application No. 16 -101 by Apli 16 -101 Newport Dunes to revise the docks bayward of the Marina Dunes dock complex at 101 North Bayside Drive. (Report from the Marine Department) 17. BUDGET AMENDMENTS - For approval: None. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Tidelands Affairs Committee recommending approval of HARBOR PERMIT APPLICATION NO. 259 -1 for residential float bayward of 1 Collins Island; and HARBOR PERMIT APPLICATION NO. 259 -106 for residential float bayward of 106 South Bay front. The City Clerk advised that after the agenda was printed, a letter was received from Donna R. Bashaw, Attorney representing Wallace Hunt, containing response and objections to the report from the Tidelands Affairs Committee. Council Member Hart, Member of the Tidelands Affairs Committee, advised that the Committee has met numerous times regarding the subject permit and recommend that if the permit is approved, it be conditioned as follows: 1. Harbor Permit No. 259 -1 for the float bayward of #1 Collins Island: Only the baywardmost 20 feet of the easterly side tie shall be available for vessel berthing. Any vessel berthed there must maintain 16 feet between the vessel berthed there and the float at 106 South Bay Front. 2, Harbor Permit No. 259 -106 for the float bayward of 106 South Bay Front: Any vessel berthed on the easterly side tie shall not extend beyond the end of the float more than two feet (2'). Volume 43 - Page 464 51) 259 -1 259- 0 CITY OF NEWPORT BEACH a„yoo4 November 13, 1989 MINUTES 3. If either property, #1 Collins Harbor Island or 106 South Bay Front Permit sells, the transfer of the Aplctns Harbor Permit(s) will require City Council approval. Tom C. Simandl, 100 S.-Bay Front, addressed the Council and spoke against the request. He stated that he has a 25 foot boat and that when a boat is docked at the side tie of #1 Collins Island, he cannot navigate his boat through the harbor to his dock because there is only 16 feet between the side tie and the dock at 106 S. Bay Front. He stated that due to westerly winds and tidal action through the area, he cannot bring his boat safely into his slip. He stated he has been dealing with this problem for over one year and has been working with the staff and Tidelands Affairs Committee. He felt he is giving up navigational rights; the intended use of his dock which cost $14,000 to construct; and felt the Council should condition the permit at #1 Collins Island to prohibit the use of the side tie on the southeast which would give him the ability to navigate his boat through the channel. Donna R. Bashaw, Attorney representing Wallace B. Hunt, applicant, addressed the Council and stated that the problem really arose a year ago when the pier redesign for 106 S. Bay Front was granted. The residents at 100 and 112 S. Bay Front approved the redesign; however, Mr. Hunt was never noticed, and therefore, not aware of what was taking place. As a result, the applicant is now compromising by limiting the use of his side tie to only 20 feet on the bayward most easterly side. Mr. Hunt also objects to Condition No. 2, which would allow 106 S. Bay Front an additional 2 foot extension beyond the reconfigured dock float. The additional 2 feet further impinges upon Mr. Hunt's rights and use of his float for docking, in that it is recommended by the Tidelands Affairs Committee in Condition No. 1 that any vessel side tied must maintain 16 feet between itself and the float at 106 S. Bay Front. Mr. Hunt also strongly objects to Condition No. 3, which requires City Council approval for the transfer of the Harbor Permit if he should sell #1 Collins Island, as this Volume 43 — Page 465 • Motion CITY OF NEWPORT BEACH MINUTES G m� S A0 4 G9' '9� November 13, 1989 X would further dilute the value of his property should he desire to sell it at some future time. In conclusion, she requested that the subject permit be granted with only Condition No. 1. Maureen Simandl, 100 S. Bay Front, addressed the Council and stated that they reconstructed their dock in "good faith" as a compromise due to the rock work placed against the bulkhead in the 100 block of South Bay Front, but now do not have use of their dock as planned. She stated there has never been a boat allowed to be side tied at N1 Collins Island to her knowledge, and is the reason why they had no objections to their neighbors at 106 S. Bay Front redesigning their float and pier. Now she felt they were being asked to compromise again and requested the Council take her and Mr. Simandl's situation into consideration. Ms. Bashaw addressed the Council again, and stated that Mr. Hunt advised her that a boat was previously allowed to side tie at the subject location; however, it was several years ago. Council Member Watt, Member of the Tidelands Affairs Committee, commented that the Committee has "struggled" with this permit and will do so again if necessary. She reviewed some of the background of the three properties involved, and spoke in support of the three recommendations of the Committee. She felt the Council should approve the permit, but also review this matter again, in the event new evidence or problems surface. In view of the foregoing, motion was made to approve the recommendation of the Tidelands Affairs Committee and approve the permits, subject to the three conditions enumerated in the staff report. The City Attorney recommended that the following two Findings be added to the approval of the permits: 1. The conditions proposed on Harbor Permit No. 259- 1 and 259 -106 are necessary to ensure the minimum clear width required to safely access the pier and float at 100 S. Bay Front. Volume 43 - Page 466 Harbor Permit Aplctns CITY OF NEWPORT BEACH y p i f 9� vc2v F,n ��, November 13, 1989 • Ayes x x x x x x Noes x Motion 0 Ayes • X MINUTES 2. The conditions represent reasonable restrictions in that permittees at ill Collins Island and 106 S. Bay Front each retain the right to berth two vessels. The motion, as amended with the two above findings, was voted on and carried. 2. Report from Public Works Department recommending approval of MARK HURWITZ ENCROACHMENT APPEAL, subject to the following conditions: 1) Execution of an agreement for nonstandard improvements to encroach 30 feet into Ocean Boulevard with a new entry to existing house, including a provision that guarantees that no planting will be permitti above roof height; 2) building permits from the Building Department; 3) no construction permitted that would not be permitted in front yard setbacks by the Zoning Code; and 4) an encroachment permit from the Public Works Department. Motion was made to approve the subject appeal with the change that Mr. Hurwitz be allowed to encroach no more than 22 feet into Ocean Boulevard (rather than 30 feet), and that an additional condition be added requiring that the landscaping plan shall be approved by the Parks, Beaches and Recreation Commission. 3. Report from Planning Department regarding PROPOSED GENERAL PLAN AMENDMENT 89 -3 - Sustain the recommendation of the Planning Commission and initiate amendments to the Land Use and Recreation and Environmental Open Space Elements of the General Plan and the Local Coastal Program Land Use Plan as follows: A. BALBOA PENINSULA ZONING STUDY - A proposal to initiate a Balboa Peninsula Zoning Density Study which would involve amendments to the Land Use Element and the Local Coastal Program Land Use Plan, as well as the residential Zoning Districts. The purpose of the study would be to reconsider raising the Two- Family Residential Density standards from 2,000 sq. ft. per unit to 2,375 sq. ft. per Volume 43 - Page 467 tz (65) 3PA 89 -3 (45) • • • CITY OF NEWPORT BEACH MINUTES November 13, 1989 dwelling unit, and also to consider GPA 89 -3 changing some Multi- Family Residential areas to Two - Family Residential. The study would potentially affect R -2 properties City -wide. B. LIDO MARINA VILLAGE - A request of the Lido Group to amend the General Plan Land Use Element and the Local Coastal Program Land Use Plan to change the land use designation for the City National Bank property from Retail and Service Commercial to Multi- Family Residential to allow conversion to ten residential condominium units and to amend the area description to allow mixed use commercial /residential development on their remaining properties in Lido Village. C. 2001 AND 2003 WEST BALBOA BOULEVARD RESIDENTIAL - A request of Irwin F. Gellman to amend the General Plan Land Use Element and the Local Coastal Program Land Use Plan to change: the land use designation for these parcels from Retail and Service Commercial to Multi- Family Residential. D. BROAD STREET RESIDENTIAL - A request of Allen J. Carlton, Jr., to amend the General Plan Land Use Element to change the designation for Parcels 1 and 2 of Tentative Parcel Map 89 -390 from Retail and Service Commercial to Two - Family Residential. The properties are located at the corner of Broad Street and Bolsa Avenue in the Old Newport Boulevard Specific Plan Area, E. OUR LADY QUEEN OF ANGELS CHURCH EXPANSION - A request of Reverend William P. McLaughlin to amend the General Plan Land Use Element to allow expansion of the existing church facility to 57,597 square feet. F. 20TH AND RHINE CHANNEL RESIDENTIAL (Formerly initiated as GPA 89 -1(B) - A request of Paul Balalis and Charles Pigneri to amend the General Plan Land Use Element and the Local Coastal Program Land Use Plan to change the land use Volume 43 - Page 468 • Motion All Ayes • 0 CITY OF NEWPORT BEACH MINUTES 9 y9� X00 a \G November 13, 1989 x designation from Recreation and Marine Commercial to Multi- Family Residential. G. NORTH FORD TO NEWPORT VILLAGE DEVELOPMENT TRANSFER - A request of Irvine Retail Properties to transfer approximately 12,000 square feet from North Ford to Fashion Island. H. NEWPORT SHORES NEIGHBORHOOD PARK - A request of the City of Newport Beach to amend the General Plan Land Use Element and the Recreation and Environmental Open Space Element, and the Local Coastal Program Land Use Plan, to designate an approximately 2.5 acre neighborhood park in the Newport Shores area. Mayor Strauss stated that he had removed the foregoing report, to discuss Item B - LIDO MARINA VILLAGE, but due to the lateness of the hour, he moved the recommended action. 4. Report from the Marine Department recommending approval of HARBOR PERMIT APPLICATION NO. 150 -7 by Jerry Vernon and Harry Thomassen to revise the residential pier and float bayward of 6 and 7 Collins Island, subject to conditions listed in the staff report. Ed Williams, 105 N. Bay Front, addressed the Council in opposition to the granting of the subject permit, and recommended this matter be given reconsideration prior to approval. He reviewed the request and stated that 20 feet of the boat docked at #7 Collins Island pier protrudes out into the water, and suggested said pier be turned around and moved closer to #6 Collins Island, inasmuch as it has 125 feet of waterfront property with no piers in front of it, and therefore, the channel won't be blocked. He stated he has had to pay to have the channel dredged twice in the last 10 to 12 years. Tony Melum, Tidelands Administrator, addressed the Council and stated that the boat currently docked in the center of the slip at #7 Collins Island is in violation of the Harbor Permit Policy, and is one of the reasons the applicant would like to make the pier wider and Volume 43 - Page 469 GPA 89 -3 or =12r] • Motion All Ayes C Motion All Ayes • X CITY OF NEWPORT BEACH EMBERS MINUTES ` I November 13, 1989 INDEX longer so that the boat can be brought Harbor into compliance. In order to not create Permit anymore of an obstruction that already Aplctn exists, the permit is being conditioned so that any vessel berthed at either the side tie or the interior of the slip will not extend beyond the structure, more than 16 feet. If the pier were turned around, as suggested by Mr. Williams, there could be a problem due to water depth in this location, as well as the sandbar to support the bulkhead. Following discussion, motion was made to approve the application subject to conditions listed in the staff report. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 89 -32, being, Ord 89 -32 Zoning AN ORDINANCE OF THE CITY OF NEWPORT (94) BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE CHANGING THE CANNERY VILLAGE /MCFADDEN SQUARE SPECIFIC PLAN (SP -6) TO ALLOW RESIDENTIAL AND RETAIL USES AS PERMITTED USES IN THE RECREATION AND MARINE COMMERCIAL (RMC) DISTRICT [PLANNING COMMISSION AMENDMENT NO. 6891. PCA 689 Report from the Planning Department. x Motion was made to adopt Ordinance No. 89 -32. I. CONTINUED BUSINESS: 1. Report from Board of Library Trustees Library concerning selection of architect for (50) the NEW CENTRAL LIBRARY. It was recommended that the City Council approve the following actions in connection with this item: 1. Direct the staff to prepare a contract for Council consideration with the firm of Simon Martin -Vegue Winkelstein Moris, San Francisco, in conjunction with James L. Pirdy, Inc., Newport Beach, for architectural services for design of the new central library for a total cost for architectural services (including structural, Volume 43 - Page 470 CITY OF NEWPORT BEACH MINUTES \LLZ\\00P \kpl\ A LL November 13, 1989 Library mechanical, and electrical engineering, interior design, and reimbursable expenses) of $710,000. Also to be included in the main contract will be • additional consulting services, subcontracted by the firm, including civil, engineering, landscape architecture, and outside cost estimating, estimated in the amount of $80,000. 2. Direct that only the Schematic Design Phase, at the fee of $71,060 for basic architectural services, including basic consultants of structural, mechanical, plumbing and electrical engineers; and approximately $30,000 for subconsultant fees and reimbursable expenses, be undertaken at this time. Council Member Turner expressed his desire to review the two individual bid proposals prior to awarding this contract. • In response to comments made by Mayor Strauss regarding the capabilities of the architects to perform within budget and on time, the Public Works Director stated that these were factors that led to the Board's recommendation to select this particular firm of architects. The Library and Public Works staff have reviewed the references provided by the firms independently, and it was determined that the firm being recommended had greater depth of specific library experience than did the other bidder, as well as a better performance record. He also stated that the individual bid proposals can be forwarded to the Council for their review if so desired. Motion x Council Member Cox indicated he felt the Library Board and Public Works staff had done an excellent and thorough job in reviewing the proposals, and selecting an architectural firm, and therefore, • Volume 43 — Page 471 Library o on • • CITY OF NEWPORT BEACH MINUTES C i i7 9� Ns November 13, 1989 X I X I X I X I X I X moved to approve the Board's recommendation, as enumerated in the foregoing. Substitute motion was made to defer action on this matter to November 27, 1989 to allow review of the two bid proposals, which motion carried. J. CURRENT BUSINESS: 1. Report from Parks, Beaches and PB &R /1011 Recreation concerning APPEAL OF DECISION E. Balboa MADE BY PARKS, BEACHES AND RECREATION St. Trees COMMISSION TO REMOVE TWO STREET TREES AT (62) 1011 EAST BALBOA BOULEVARD. The City Manager reviewed the report and recommendation, and displayed photographs of the two street trees, noting that the tree on the left side of the driveway interferes with the gas line, while the tree on the right side causes problems with the sewer. He stated that it is the staff's recommendation that the tree interfering with the gas line be removed at this time, and that the property owner be issued an encroachment permit for repair of the driveway. However, the Parks, Beaches and Recreation Commission have recommended that both trees remain. Anthony Miali, 1011 E. Balboa Boulevard, addressed the Council and stated he appreciates trees; however, the gas has been turned off for two months, inasmuch as the Gas Company cannot repair the gas line because of one of the trees. The curb is raising the sidewalk due to both trees and the driveway is in need of repair. Kay Mortenson, 1530 Miramar Drive, Member of Balboa Peninsula Association, addressed the Council and spoke in support of Council Policy I -9, which emphasizes retention of mature, healthy trees, and the recommendation of the Parks, Beaches and Recreation Commission to retain the two trees. She felt the trees "camouflage" the ugliness of the utility lines; that a precedent could be set if the trees were removed; and therefore, suggested the trees be root pruned near the problem areas. Volume 43 — Page 472 Motion All Ayes Motion All Ayes is 0 CITY OF NEWPORT BEACH MINUTES 'APA f, O0 ¢ f a� November 13, 1989 x x Antoinette Everett, 1011 E. Balboa Boulevard, addressed the Council and stated they cannot get into their driveway because of the trees and felt the trees were causing a safety hazard. Motion was made to remove the tree interfering with the gas line, as recommended, and that an encroachment permit be issued for repair of the driveway. Council Member Hart asked the maker of the motion to include a provision whereby a replacement tree would be planted if deemed appropriate by the Parks, Beaches and Recreation Department, which was accepted. The motion, was voted on and carried. 2. EMERGENCY PREPAREDNESS /CITIZENS ADVISORY COMMITTEE VACANCY: Motion was made to confirm (District 1) Mayor Strauss's appointment of Patricia Glasgow to fill the unexpired term of Paul Connally ending December 31, 1989. Meeting adjourned at 1:40 a.m., Tuesday, November 14, 1989. The agenda for this meeting was posted on November 9, 1989 at 8:15 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administra- tion Building. Mayor ATTEST:' City Clerk Volume 43 - Page 473 Emergency Prepared- ness /CAC