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