HomeMy WebLinkAbout06/25/1990 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
GREGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:00 P.M.
DATE: June 25, 1990
ent x x
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Motion
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Presentation of Certificate of Appreciation to
Mayor and Council Members by the Adult Learners
of Newport Beach Public Library Literacy
Services.
IA. ROLL CALL.
B. Reading of Minutes of Meeting of June 11,
1990, 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 Plummer opened the public hearing and
City Council review of an appeal by Mr. and
Mrs. Yasui from the action taken by the
Planning Commission on May 24, 1990, to
deny Modification No. 3688, on property
located at 345 Cameo Shores Road. A request
to permit the retention of an as -built 5
foot 6 inch high wrought iron fence and
related 6 foot high stone pilasters topped
with 2 foot high light fixtures, which
encroach 15 feet into the required 15 foot
front yard setback adjacent to Cameo Shores
Road, and which also encroach 15 feet into
the required 15 foot front yard setback
adjacent to Hampden Road. The front yard
setbacks are established by Districting Map
No. 31.
Report from the Planning Department.
Appeal application of Mr. & Mrs. Yasui.
Letter from Attorney Mitch Moriyasu
Michino, representing applicants,
requesting continuance to July 9, 1990.
Motion was made to continue the public
hearing to July 9, 1990, as requested by
the applicant's attorney.
2. Mayor Plummer opened the public hearing and
City Council review of USE PERMIT NO. 3379.
A request of PIGNERI DEVELOPMENT, to allow
a proposed mixed use residential /commercial
structure to exceed the 26 foot basic
height limit in the 26/35 Foot Height
Limitation District; to allow commercial
development of the site which maintains a
Floor Area Ratio which is less than 0.25;
and to allow a general office use which
Volume 44 - Page 214
(94)
U/P 3379
(BB)
CITY OF NEWPORT BEACH
G,p2y�� y9p dGC�
OLL CALL June 25, 1990
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must be in conjunction with an Incentive
Use occupying at least 408 of the site; and
the acceptance of an environmental
document. Property located at 227 20th
Street, on the westerly side of 20th
Street, on the Rhine Channel, in the
Cannery Village/McFadden Square Specific
Plan Area.
/;111]
SITE PLAN REVIEW NO. 58 - Request to permit
the construction of a mixed use
residential /commercial development
containing general office use on the ground
floor and three dwelling units on the
second and third floors on property located
in the "Recreational and Marine Commercial"
area of the Specific Area Plan.
AND
U/P 3379
Site Pln
Rvw 58
RESUBDIVISION NO. 924 - Request to Resub 924
resubdivide an existing lot into a single
parcel of land for mixed use condomnium
purposes so as to create one office
condominium and three residential
condominium units.
Report from the Planning Department.
The City Manager, in reviewing the staff
report, noted the following with regard to
the subject application: The project is
basically a condominium with commercial on
the first floor and residential on the
upper floors. The roof line proposes to
exceed the basic height of 26 feet with the
Planning Commission imposing a height limit
not to exceed 31 feet. The project is
residential /condominium mixed use, with one
of the concerns being that there could be
different owners for each of the units, and
with the boat charter on the subject
property, there is a potential conflict of
uses, inasmuch as it will not be all
residential or all commercial. As a result
of this concern, the Planning Commission
imposed a condition (No. 21) that states,
"The applicant shall include within the
project's. Covenants, Conditions and
Restrictions (CC&R's), specific language
pertaining to the method and procedure for
resolution of conflicts that may occur
between the residential condominiums and
the commercial condominium. Said language
shall be submitted to the City for review
and approval by the City Attorney, prior
to the recordation of the parcel map."
Volume 44 - Page 215
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CITY OF NEWPORT BEACH
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June 25, 1990
The Planning Director explained the
proposal as depicted on the drawings on
display. He referenced the boat charter
operation, summarized potential problems
relative to this operation adjacent to a
mixed use, and also addressed the setback
requirements, proposed sidewalks,
landscaping and parking.
Charles Pigneri, applicant, 1131 E. Balboa
Boulevard, addressed the Council in support
of his request. He advised that the boat
charter operator has made arrangements with
Hutchison Body on Newport Boulevard and
Industrial Way to park the bus which will
be used to transport charter users to the
site. He also emphasized that he intends
to sell only one condominium from this
project which means he will keep two under
his ownership, as well as all of the
commercial use. He also noted there will
be 6- foot -wide corridors between the
buildings, and a 6 -foot sidewalk around the
perimeter of the project.
Council Member Strauss expressed his desire
to adhere to the height limit in this area.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to sustain the decision of
the Planning Commission, based on the
Findings and Conditions contained in
Exhibit "A" of the staff report.
Council Member Watt spoke against the
motion, noting she felt the subject
property was being "over used," and she was
concerned with the fact there would be no
parking for the boat charter bus.
Following discussion, substitute motion was
made to sustain the decision of the
Planning Commission, based on the Findings
and Conditions contained in Exhibit "A" of
the staff report., with the deletion of that
portion of landscaping south of the public
bulkhead, and that the boat charter
operation at this location be reviewed by
the appropriate agency.
It was pointed out in discussion that a
Commercial Harbor Activities Permit has
already been issued by the Marine
Department, as well as a Marine Charter
Permit by the License Department for the
subject area, and that the charter
operation currently being conducted will
change to some extent by virtue of the
proposed development. The City Attorney
Volume 44 - Page 216
U/P 3379.
COUNCIL
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CITY OF NEWPORT BEACH
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June 25, 1990
indicated he felt both the Tidelands U/P 3379
Administrator and License Supervisor will
take a "hard look" at the type of operation
being proposed during the construction
phase and afterwards, and as a result,
impose enough conditions to assure that the
transportation issue works. He also
advised that the subject permits could be
revoked, or no new permits issued if it is
determined that the boat charter operation
is incompatible with the area.
The substitute motion was voted on and
carried.
E. PUBLIC COMMENTS:
1. A resident who requested to remain I Beach Mntnc
regarding
anonymous addressed the Council
her concern with broken glass on and around
the beaches.
Mayor Plummer advised that she would have
the appropriate department investigate.
2. Ginger Varin, President of Newport Beach NBCEA
Employees Association, addressed the
Council and expressed appreciation for the
prompt and courteous manner she and her
fellow associates were given during the
past negotiations. She also thanked the
Council for the consideration they gave to
their association's proposals.
3. Sid Soffer, 900 Arbor Street, Costa Mesa, Bryant/
addressed the Council regarding the Sundaga Claim
Bryant lawsuit.
4. John Nicoll, Member of the Library Board of New Central
Trustees, addressed the Council and Library
announced that the California State Library
has awarded the City a funding grant of
$727,387 for interior furnishings, etc.,
for the New Central Library.
5. Mayor Plummer extended a safe and sane 4th
of July Celebration to everyone, and
advised that there will be a parade and
picnic at Mariners Park at 10:00 a.m., with
fireworks shows at the Newport Dunes and
Big Canyon Country Club. She reminded that
the sale and use of fireworks is prohibited
in the City.
Volume 44 - Page 217
4th of
July/
Fireworks
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Motion
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CITY OF NEWPORT BEACH
MINUTES
June 25, 1990
F. CONSENT CALENDAR:
The following actions were taken as indicated,
except for those items removed.
1. ORDINANCES FOR INTRODUCTION:
Schedule for public hearing on July 9,
1990:
(a) Proposed ORDINANCE NO. 90 -30, being,
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 RESIDENTIAL
OVERLAY DISTRICT. [Planning
Commission Amendment No. 709].
(Report from the Planning
Department)
(b) Proposed ORDINANCE NO. 90 -31, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING TITLE 20 OF THE
MUNICIPAL CODE REVISING THE
PERMITTED USES IN THE
RECREATIONAL AND MARINE
COMMERCIAL, AND THE RETAIL AND
SERVICE COMMERCIAL AREAS OF THE
MARINERS MILE SPECIFIC PLAN
(SP -5) DISTRICT; AND AMENDING
LANGUAGE CONCERNING "SPECIALTY
FOOD SERVICE." [Planning
Commission Amendment No. 711].
(Report from the Planning
Department)
Pass to second reading on July, 9, 1990:
(c) Proposed ORDINANCE NO. 90 -32, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING SECTION 5.49.070
OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO PENALTIES
IMPOSED FOR EXCESSIVE FALSE
POLICE AND FIRE ALARMS.
(Report from Business License
Supervisor)
Volume 44 - Page 218
Ord 90 -30
Zoning /Over-
lay Dist
(94)
PCA 709
Drd 90 -31
Zoning/
Specialty
Food Sry
(94)
711
rd 90 -32
us Lic/
alse Alrm
27)
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CITY OF NEWPORT BEACH
MINUTES
June 25, 1990
12. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 90 -54, modifying SIGN
PERMIT AND RESIDENTIAL BUILDING
RECORD FEES IN CONNECTION WITH TITLE
15 OF THE NEWPORT BEACH MUNICIPAL
CODE to become effective July 1, 1990
and rescinding Resolution No. 89 -54.
(Report from the City Manager
regarding CHANGES IN USER FEES)
(b) Resolution No. 90 -55, modifying
RESUBDIVISION AND TENTATIVE NAP
FILING FEES IN CONNECTION WITH TITLE
19 OF THE NEWPORT BEACH MUNICIPAL
CODE to become effective July 1, 1990
and rescinding Resolution No. 89 -55.
[Refer to report with /agenda item
F -2(a)]
(c) Resolution No. 90 -56, modifying
FILING, APPEALS AND OTHER FEES
RELATING TO ZONING ACTIONS IN
CONNECTION WITH TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE, to
become effective July 1, 1990 and
rescinding Resolution No. 89 -56.
[Refer to report with /agenda item
F -2(a)]
(d) Resolution No. 90 -57, establishing a
SCHEDULE OF FEES RELATING TO ZONING
ACTIONS CONTAINED IN TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE, to
become effective July 1, 1990 and
rescinding Resolution No. 89 -120.
[Refer to report with /agenda item
F -2(a)]
(e) Resolution No. 90 -58, establishing a
FEE FOR AN APPEAL OF A DECISION OF
THE PLANNING DIRECTOR OR PLANNING
COMMISSION REGARDING AN APPLICATION
FOR AN AMATEUR RADIO ANTENNA PERMIT
OR A SATELLITE DISH ANTENNA PERMIT.
[Refer to report with /agenda item F-
2(a)]
90 -54
(40)
ritle 19
Res 90 -55
(40)
Appeals
[Res 90 -56
(40)
/Title
Res 90 -57
(40)
Appeals
Res 90 -58
(40)
(f) Resolution No. 90 -59, establishing a— Fees /Balboa
REVISED SCHEDULE OF RATES FOR THE Yacht Basin
BAL.BOA YACHT BASIN, effective Res 90 -59
September 1, 1990 and rescinding (40)
Resolution No. 89 -57. [Refer to
report with /agenda item F -2(a)]
Volume 44 - Page 219
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CITY OF NEWPORT BEACH
MINUTES
June 25, 1990
(g) Resolution No. 90 -60, amending Fees /Harbor.
SUBSECTION A OF SECTION 12 OF THE Permits
HARBOR PERMIT POLICIES RELATING TO Res 90 -60
THE SCHEDULE OF FEES FOR PERMITS, to (40)
become effective July 1, 1990 and
rescinding Resolution No. 89 -58.
[Refer to report with /agenda item
F -2(a)]
(h) Resolution No. 90 -61, establishing Fees /Moori
MOORING FEES AND A LATE PAYMENT Late Pnity
PENALTY PURSUANT TO SECTION 17.22.050 Res 90 -61
OF THE NEWPORT BEACH MUNICIPAL CODE (40)
and rescinding Resolution No. 89 -59.
[Refer to report with /agenda item
F-2(a)]
(i) Resolution No. 90 -62, modifying the Fees /Annual
ANNUAL PIER FEE PURSUANT TO SECTION Pier Prmt
17.33.030 OF THE NEWPORT BEACH Res 90 -62
MUNICIPAL CODE, effective July 1, (40)
1990 and rescinding Resolution No.
89 -61. [Refer to report with /agenda
item F -2(a)]
(j) Resolution No. 90 -63, amending Fees /Apli
Resolution No. 89 -63 establishing Telephoni
APPLICATION FEE FOR TELEPHONIC ALARM Alrm Prmt
PERMIT. [Refer to report with /agenda Res 90 -63
item F -2(a)] (40)
(k) Resolution No. 90 -64, establishing Fees /Pblc
FEES FOR COPYING PUBLIC RECORDS crds /Cop
PURSUANT TO SECTION 6257 OF THE Res 90 -64
CALIFORNIA GOVERNMENT CODE and (40)
rescinding Resolution No. 88 -67.
[Refer to report with /agenda item
F -2(a)]
(1) Resolution No. 90 -65, establishing a Fees /Rvsd
REVISED PERMIT AND INSPECTION FEE Prmt /Insp
SCHEDULE FOR SERVICES PERFORMED BY Res 90 -65
THE FIRE DEPARTMENT IN ADMINISTERING (40)
PROVISIONS OF STATE LAW AND THE
NEWPORT BEACH MUNICIPAL CODE, to
become effective July 1, 1990 and
rescinding Resolution No. 89 -62.
[Refer to report with /agenda item
F-2(a)]
(m) Resolution No. 90 -66, establishing
the SALARIES FOR MANAGEMENT AND OTHER
KEY EMPLOYEES FOR FISCAL YEAR 1990-
91, amending CITY'S CLASSIFICATION
AND COMPENSATION PLAN TO REFLECT SAID
CHANGES, and rescinding Resolution
No. 89 -68..
Volume 44 - Page 220
Mgm /Key Per-
snl '90 -91
FY Salaries
Res 90 -66
(66)
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MEMBERS
CITY OF NEWPORT BEACH
MINUTES
June 25. 1990
(n) Resolution No. 90 -67, establishing personnel
the SALARIES OF TEMPORARY AND 190 -91 FY
SEASONAL CLASSES FOR THE 1990 -91 Temp /Seas
FISCAL YEAR, amending the Emplyes
CLASSIFICATION COMPENSATION PLAN TO Res 90 -67
REFLECT THESE CHANGES, and rescinding (66)
Resolution No. 89 -69.
(o) Resolution No. 90 -68, adopting the (Budget (25)
BUDGET FOR THE 1990 -91 FISCAL YEAR. FY 190 -91
Res 90 -68
(p) Resolution No. 90 -69, authorizing the
CLOSURE OF SEASHORE DRIVE, NEWPORT Temp St Clsr
BOULEVARD AND BALBOA BOULEVARD. 4th July'90
(Report from the City Attorney with Res 90 -69
resolution) 1(65)
(q) Resolution No. 90 -70, fixing an Ping Cmsn/
amount as REIMBURSEMENT FOR Reimb /Expnd
EXPENDITURES INCURRED BY MEMBERS OF JRes 90 -70
THE PLANNING COMMISSION and repealing (68)
Resolution No. 82 -89.
(r) Resolution No. 90 -71, advising AHFP
Advisory Committee that CITY'S
CIRCULATION ELEMENT MASTER PLAN OF
STREETS AND HIGHWAYS is mutually
satisfactory and generally in
conformance with adjacent
governmental jurisdictions and the
County's Master Plan of Arterial
Highways. (Report from the Public
Works Department)
3. CONTRACTS /AGREEMENTS:
?W /Circ Elmt
dstr Pln Sts
les 90 -71
(74)
(a) Approve TENTATIVE AGREEMENT WITH THE NBEA /FY'90-
NEWPORT BEACH EMPLOYEES ASSOCIATION 91 Salary
(NBEA) CONTRACT NO. 2059 FOR FISCAL Negotiations
YEAR 1990 -91. (Memorandum from C -2059
City's Negotiating Team) (38)
(b) Approve TENTATIVE AGREEMENT WITH THE NBEL /FY'90-
NEWPORT BEACH EMPLOYEES LEAGUE 91 Salary
ASSOCIATION (NBEL) CONTRACT N0. 2065 Negotiations
FOR FISCAL YEAR 1990 -91. (Memorandum C -2065
from City's Negotiating Team) (38)
(c) Approve TENTATIVE AGREEMENT WITH THE NBOLA /FY'90-
NEWPORT BEACH OCEAN LIFEGUARD 91 Salary
ASSOCIATION ( NBOLA) CONTRACT NO. 2058 Negotiations
FOR FISCAL YEAR 1990 -91. (Memorandum C -2058
from City's Negotiating Team) 1(38)
(d) Approve TENTATIVE AGREEMENT WITH THE NBFA /FY'90-
NEWPORT BEACH FIRE FIGHTER'S 91 Salary
ASSOCIATION (NBFA) CONTRACT NO. 2060 Negotiations
FOR FISCAL YEAR 1990 -91. (Memorandum C -2060
from City's Negotiating Team) 1(38)
Volume 44 - Page 221
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CITY OF NEWPORT BEACH
MINUTES
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June 25, 1990 INDEX
(e) Approve TENTATIVE AGREEMENT WITH THE BP &TEA /FY
NEWPORT BEACH PROFESSIONAL AND 190 -91
TECHNICAL EMPLOYEES ASSOCIATION Salary Neg
(NBP &TEA) CONTRACT NO. 2051 FOR C -2056
FISCAL YEAR 1990 -91. (Memorandum (38)
from City's Negotiating Team)
(f) Removed from the Consent Calendar.
(g) Approve SAN DIEGO CREEK SEDIMENT SDiego Crk
MONITORING PROGRAM COOPERATIVE Sdmt MPCAgm
AGREEMENT and authorize the Mayor and /O /C Tustin
City Clerk to execute subject Irvine NB &
agreement. (Report from the Public TIC
Works Department) C -2827 (38)
(h) Approve 1989 -90 STREET AND '89 -90 St/
MISCELLANEOUS SLURRY SEAL PROGRAM, Kisc Slurry
award Contract No. 2785 to Pavement Seal Prg
Coating Company for the total bid -2785
price of $117,381.00, and authorize (38)
the Mayor and City Clerk to execute
subject agreement. (Report from the
Public Works Department)
(i) Approve INSPIRATION POINT AND LITTLE Insp Pt /Ltl
CORONA OVERLOOKS, CURB ACCESS RAMP orona /Crb
CONSTRUCTION IN EASTBLUFF AND HARBOR Aces Rmp
VIEW HILLS, SIDEWALK CONSTRUCTION IN -2748
CORONA DEL MAR, allow the apparent (38)
low bidder, William Murray General
Engineering Contractor, to withdraw
his bid; approve a budget
appropriation of $26,510.00, award
Contract No. 2748 to Gateway
Landscape Construction, Inc. for the
total bid price of $177,000.00; and
authorize the Mayor and City Clerk to
execute subject contract. (Report
front the Public Works Department)
(j) Approve 30^ WATER LINE RELOCATION S /Ana Rvr
ACROSS SANTA ANA RIVER, award Wtr Ln Rlctn
Contract No. 2655 to California C -2655
Pipeline Company for the total bid (38)
price of $438,332.00, and authorize
the Mayor and City Clerk to execute
subject contract. (Report from the
Public Works Department)
(k) Approve AMENDMENT TO CONCESSION Npt Pier
AGREEMENT FOR NEWPORT PIER (CONTRACT Cncsn Agm
NO. 1901), and authorize the Mayor Amnd (HEG/
and City Clerk to execute subject erting)
agreement. (Report from the C -1901
Executive Assistant) (38)
Volume 44 - Page 222
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CITY OF NEWPORT BEACH
MINUTES
June 25, 1990
(1) Approve TRAFFIC SIGNAL INTERCONNECT
ON IRVINE AVENUE FROM WESTCLIFF
DRIVE - 17TH STREET TO ORCHARD DRIVE,
award Contract No. 2815 in the amount
of $156,000.00 to Pacific Traffic
Systems, Inc., and authorize the
Mayor and City Clerk to execute
subject agreement. (Report from
Public Works Department /Traffic
Engineering)
(m) Removed from the Consent Calendar.
(n) Removed from the Consent Calendar.
4. COMMUNICATIONS - For referral as indicated:
(a) To Public Works Department for
response, letter from James A.
Pistols regarding recommendation of
Ocean Front Encroachment Citizens
Advisory Ad Hoc Committee.
(b) To Traffic Engineering for response,
letter from Helen A. Walker regarding
intersection at Civic Center Drive
and Anacapa.
(c) To Personnel Director for inclusion
in the records, letter from President
of Newport Beach Employees League
Association regarding 1990
negotiations on modified work week.
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Copies of resolutions of intention of
the Board of Education of the
Newport -Mesa Unified School District
to establish the Newport -Mesa Unified
School District Community Facilities
District No. 90 -1; authorize the levy
of a special tax therein; and to
incur bonded indebtedness not to
exceed the amount of $26,000,000
within proposed Newport -Mesa Unified
School District Community Facilities
District No. 90 -1.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's referral
to the claims adjuster:
(a) David S. Groom alleging City vehicle
damaged his automobile at Bayside
Drive and Pacific Coast Highway on
May 16, 1990.
Volume 44 - Page 223
Irvn Av/
Westclf Dr/
11th St -
Orchard Dr/
Trfc Sgnl
C -2815
(38)
(74)
Traffic Engr
(85)
Personnel
(66)
(36)
Groom
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CITY OF NEWPORT BEACH
MINUTES
June 25, 1990
(b)
Leland D. Iverson alleging tire
S. REQUEST TO APPROVE /FILL PERSONNEL
damage as a result of road work on
VACANCIES: (Report from the City Manager)
Pacific Coast Highway at Newport
(a)
Shores on May 22, 1990.
(c)
Bret. Kleban seeking reimbursement of
Department.
towing and storage fees at 1825 W.
(b)
Balboa Boulevard on June 3, 1990.
(d)
Tim Milliken alleging personal
One Police Records Specialist, Police
injuries as a result of fall from
bicycle from boardwalk to sand;
claiming no proper signage at 29th
One Police Secretary, Police
Street boardwalk on May 22, 1990.
(e)
Charles C. Waite alleging his vehicle
was rear -ended by City dump truck at
One Stock Clerk, Finance Department.
Harbor and Newport Boulevard on June
(f)
6, 1990.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation
of the City Clerk's referral
to
the claims adjuster:
None.
S. REQUEST TO APPROVE /FILL PERSONNEL
(66)
VACANCIES: (Report from the City Manager)
(a)
Two Police Officers, Police
Department.
(b)
One Police Sgt., Police Department.
(c)
One Police Records Specialist, Police
Deparment.
(d)
One Police Secretary, Police
Department.
(e)
One Stock Clerk, Finance Department.
(f)
One Refuse Worker I, Refuse Division.
(g)
One Refuse Worker II, Refuse
Division.
(h)
One Tree Trimmer II, Tree Division.
(i)
One Printing Services Technician,
Finance Department.
(j)
One Duplicating/Mail Room Clerk,
Finance Department.
9. STAFF AND COMMISSION REPORTS -
For
Council information and approval:
(a)
Report from the Executive Assistant
Fisherman's
regarding SIGNAGE FOR THE FISHERMAN'S
Rest -Npt Pr
RESTAURANT - NEWPORT PIER.
C -1901 (38)
Volume 44 - Page 224
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CITY OF NEWPORT BEACH
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�\ A� G June 25, 1990
(b) Report from the Parks, Beaches and ouncil Plcy
Recreation Director regarding CITY -24
COUNCIL POLICY FOR MARIAN BERGESON I (69)
AQUATIC CENTER.
For Council information and filing:
(c) Report to the City Manager regarding IPlar
ACTIONS TAKEN BY THE PLANNING (68)
COMMISSION ON JUNE 7, 1990.
10. PUBLIC HEARING SCHEDULING - July 9, 1990:
(a) GENERAL PLAN AMENDMENT NO. 89 -2(C) -
Request initiated by the City of
Newport Beach to allow
commercial /residential mixed use in
the "island" area between North
Newport Boulevard and Newport
Boulevard in the Old Newport
Boulevard Specific Plan Area. It is
also proposed to amend the boundaries
of the Old Newport Boulevard Specific
Plan Area to delete areas designated
for residential use and to consider
changes to the issues identified for
consideration in the preparation of
the Specific Plan; and the acceptance
of an environmental document; and
USE PERMIT NO. 3380 - A request of
OVEN MINNEY to allow the construction
of a combined commercial /residential
project containing 2,000 square feet
of commercial development and 3
dwelling units on property located in
the C -1 District. The proposal also
includes a request to approve a use
permit to permit commercial
development of the site which
maintains a Floor Area Ratio which is
less than 0.25. Property located at
447 North Newport Boulevard, between
Orange Avenue and Hospital Road, in
the Old Newport Boulevard Specific
Plan Area; and
SITE PLAN REVIEW NO. 59 - A request
to permit the construction of a
combined commercial /residential
development within the Old Newport
Boulevard Specific Plan Area where a
Specific Plan has not yet been
adopted; and
Volume 44 - Page 225
89 -2(C)
3380
Minney
Site Pln
Rvw 59
COUNCIL
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MEMBERS
CITY OF NEWPORT BEACH
MINUTES
June 25, 1990
RESUBDIVISION NO. 929 - A request to
resubdivide an existing lot and a
vacated portion of Newport Boulevard
into a single parcel of land for
mixed use condominium purposes so as
to create one office condominium and
three residential condominium units.
11. Sustain the recommendation of the
Planning Commission to initiate
PROPOSED GENERAL PLAN AMENDMENT NO.
90 -2 as follows; direct staff to
proceed with the preparation of any .
necessary environmental documents and
set for public hearing before the
Planning Commission: (Report from the
Planning Department)
A. Rivermouth LCP - A request of
West Newport Oil Company to
amend the General Plan Land Use
Element and the LCP Land Use
Plan to allow for a mixture of
residential, support
commercial, open space, and
institutional uses within the
425 acre "sphere of influence"
area and the 50 acre
incorporated area immediately
east of the Santa Ana River and
north of Newport Shores.
B. University Drive Deletion - A
proposal by staff to amend the
General Plan Circulation
Element to delete a segment of
University Drive from the
City's Master Plan of Streets
and Highways consistent with
recent actions by the Orange
County Board of Supervisors to
delete the same segment from
the County Master Plan of
Arterial Highways.
C. Park MacArthur Development - A
request of Nikko Capital
Corporation to amend the
General Plan Land Use Element
by changing the land use
designation from Retail and
Service Commercial to
Administrative, Professional
and Financial Commercial for
the two auto dealerships
(Nissan and Saab), and
establish revised office Floor
Area limitations for this site
and the office site immediately
to the north, in the Newport
Place Planned Community.
Volume 44 - Page 226
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GPA 90 -2
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
G,AZ��'.�
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ALL June 25, 1990
III
MINUTES
Five Crowns Restaurant -
Removed from the Consent
Calendar.
E. General Plan and Zoning
Consistency and Cleanup
Amendment - A proposal by staff
to amend the General Plan Land
Use Element in order to clean
up minor errors and omissions
discovered since the October
1988 adoption, and to make
changes to areas identified in
the Zoning Implementation
program as inconsistent.
12. BICYCLE HELMET PROGRAM - Approval of PW /Bicycle
request from Bicycle Trails Citizens Helmet Prg
Advisory Committee and authorize (74)
funding from the Bicycle Trail
Program. not to exceed $3,000.00.
(Report from Public Works Department)
13. SPECIAL EVENTS APPLICATIONS - Approve permits/
the following applications, subject ISpecial Evnt
to conditions listed in the staff (65)
reports from Business License
Supervisor
(a) APPLICATION NO. 90 -211 - Byron I li 90 -211
and Linda Romig, amplified
sound at 1150 Polaris for 4th
of July party, July 4, 1990,
2:00 - 10:00 p.m.
(b) APPLICATION NO. 90 -214 - Orange
Company Chamber Orchestra,
amplified sound at 310 Buena
Vista, Balboa for 11th annual
Jazz Party, June 30, 1990, 3:00
to 9:30 p.m.
(c) APPLICATION NO. 90 -154 -
Newport Dunes - Removed from
the Consent Calendar.
(d) APPLICATION NO. 90 -192 - Mr. &
Mrs. John Croul, amplified
sound in residential area for
wedding reception, July 21,
1990, 7:00 to 11:00 p.m.
(e) APPLICATION NO. 90 -197 -
Designing Women /Joleen Parham,
amplified sound at 930 Mariners
Drive for Dinner Dance, June
30, 1990, 6:00 p.m. to 12:00
a.m.
Volume 44 - Page 227
90 -214
1 90 -192
90 -197
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CITY OF NEWPORT BEACH
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June 25, 1990
(f) APPLICATION NO. 90 -199 - City &p]_i 90 -199
of Newport Beach Parks, Beaches
and Recreation, amplified sound
at Commodore /Mariners Drive &
Dover Drive for Picnic and
Parade, July 4, 1990, 8:00 a.m.
to 2:00 p.m.
14. FISCAL YEAR 1990 -91, 1991 -92 AND 1992 -93 Advertising/
LEGAL ADVERTISING - Uphold recommendation Legal FYe90-
of City Clerk to accept bid from Daily 93
Pilot at the rate of $3.75 per column inch (20)
for 1990 -91, $3.98 per column inch for
1991 -92 and $4.22 per column inch for 1992-
93. (Memorandum from City Clerk)
15. WASTE CHARACTERIZATION STUDY AND A SOURCE GS/Waste
REDUCTION/RECYCLING ELEMENT - Authorize the Chrctrztn
General Services Director to select a Stdy /Rcyclg
qualified solid waste consultant to (44)
commence the six -month Waste
Characterization Study [pursuant to
Assembly Bill 939] no later than July 1,
1990, with funding not to exceed $30,000;
and delay the selection of a solid waste
consultant to complete all components
[other than the Waste Characterization
Component] of the Source.
Reduction /Recycling Element until Assembly
Bill 1820 is approved. (Report from
General Services Department)
16. BUDGET AMENDMENTS - For approval: (25)
BA -072, $2,5550.00 - Transfer Budget
Appropriations for Traffic and Emergency
Broadcast System; Police - Traffic Fund.
(Report from Chief of Police) (70)
BA -073, $26,510.00 - Increase Budget
Appropriations for completion of amount
needed to award contract for Inspiration
Point and Little Corona overlooks, etc.
[Refer to Agenda.Item No. F -3(i)]
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Public Works Department /Traffic
Engineering recommending approval of
TRAFFIC SIGNAL INTERCONNECT ON SAN JOAQUIN
HILLS ROAD FROM JAMBOREE ROAD TO SPYGLASS
HILL ROAD, award Contract No. 2816 in the
amount of $93,700.00 to Pacific Traffic
Systems, Inc., and authorize the Mayor and
City Cleric to execute subject agreement;
WE
Report from Public Works Department /Traffic
Engineering recommending approval of
TRAFFIC SIGNAL INTERCONNECT ON JAMBOREE
Volume 44 - Page 228
SJoaquin Hls
Rd /Jmbree Rd
Spygls H1 Rd
Trfc Sgnl
C -2816
(38)
Jmbree Rd/
Bayview Wy
Birch St
Trfc Sgno
C -2817
(38)
COUNCIL MEMBERS
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u
Motion
All Ayes
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CITY OF NEWPORT BEACH
MINUTES
June 25, 1990
ROAD FROM BAYVIEW WAY TO BIRCH STREET,
award Contract No. 2817 in the amount of
$15,000.00 to Raymor Electric Company,
Inc., and authorize the Mayor and City
Clerk to execute subject agreement.
In response to question raised by Council
Member Hart, the Public Works Director
commented that the scope of work for each
of the subject contracts varies, and
therefore, the reason for the cost
difference.
Motion was made to approve TRAFFIC SIGNAL
INTERCONNECT ON SAN JOAQUIN HILLS AND
JAMBOREE ROADS (CONTRACT NO. 2816); AND
TRAFFIC SIGNAL INTERCONNECT ON JAMBOREE
ROAD FROM BAYVIEW WAY TO BIRCH STREET
(CONTRACT NO. 2817); and authorize the
Mayor and City Clerk to execute subject
contracts.
2. Report from the Planning Department
regarding PLANNING COMMISSION'S INITIATION
OF PROPOSED GENERAL PLAN AMENDMENT NO.
90 -2, which includes request of the 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.
The City Clerk advised that after the
agenda was printed, a letter in opposition
to the above request was received from
Stanley Moore, 346 Poppy Avenue.
Mayor Pro Tem Sansone advised that the
proposal is to construct a new structure,
with a residential appearance from Poppy
Avenue that would house restrooms, dressing
rooms, and a room for clergy as support for
an expanded yard area and gazebo for
wedding services. He stated he felt this
proposal was, in effect, a rezoning and
encroachment into residential area for
commercial usage. He added the applicant
has prepared mitigation measures which are
supposed to reduce the noise impact upon
the adjacent area, but there are no
mitigation measures for the impact this
rezoning will have on the adjacent property
owner which, he felt, could be significant.
Mayor Pro Tem Sansone referenced the letter
dated June 15, 1990, in opposition to this
request from Stanley Moore who resides
directly next door to the subject parcel.
He commented that Mr. Moore feels the
current operation at the Five Crowns is
unsatisfactory in that employees of the
Volume 44 - Page 229
GPA 90 -2
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Five Crowns
Restaurant
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CITY OF NEWPORT BEACH
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restaurant. are parking on residential GPA 90 -2
streets. He stated he, personally, has Five Crowns
observed two vehicles parked at anytime of Restaurant
the day or night on the property the Five
Crowns wants to demolish.
In conclusion, Mayor Pro Tem Sansone
reiterated his strong opposition to any
encroachment into the residential area by a
commercial. activity.
In view of the foregoing, motion was made
to deny the request of the 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.
Council Member Cox entered the meeting at this
time at 8:25 p.m.
Council Member Turner and Mayor Plummer
indicated they were opposed to denying the
request of the Five Crowns Restaurant to
initiate a General Plan Amendment hearing
before the Planning Commission.
Council Member Watt felt the proposed
commercial. use could decrease the value of
the property adjacent to the subject
residential parcel.
Council Member Cox stated that he will
abstain from voting on this issue, inasmuch
as he just entered the meeting; however, he
felt it was not fair to deny a property
owner due process for a public hearing, or
to prejudge this matter before all the
facts are known.
Jerry King, representing the Five Crowns
Restaurant, addressed the Council and
stated the following: The applicant has
been operating in the City for 25 years and
has utilized the subject parcel as part of
their operation for most of that time. It
is their intention to create a sound
barrier for the back yard activities are
basically Saturday weddings, which they
have been conducting for many years. They
are not anticipating any amplified music,
nor any food service, and they will deed
restrict the property for the protection of
the residents. They would like to be able
to have a fair hearing so all sides can be
heard. In addition, a public meeting will
be held Saturday, June 30, at the Five
Crowns Restaurant for all interested
residents.
Volume 44 - Page 230
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Motion
Ayes;
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Abstain
Motion
All Ayes
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Motion
911 Ayes
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S,
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CITY OF NEWPORT BEACH
MINUTES
June 25, 1990
Royal S. Radtke, Treasurer, Corona del Mar
Chamber of Commerce, addressed the Council
in support of the request of the Five
Crowns Restaurant. He stated the Chamber
felt the applicant has been "dealt an
unfair blow" in this instance and should be
given the opportunity to present "their
case." They also felt the proposal will be
an improvement to the area, rather than a
detriment.
In view of the foregoing comments,
substitute motion was made to defer action
on this item to August 13, 1990, to allow
the applicant to provide additional
information on this matter.
3. Report from Business License Supervisor
recommending approval of SPECIAL EVENTS
APPLICATION NO. 90 -154 FOR NEWPORT DUNES
fireworks display at 1131 Back Bay Drive
for Annual Fourth of July fireworks,
July 4, 1990, 8:30 to 10:00 p.m.
Mayor Plummer expressed her concerns with
regard to the stopping and /or parking of
vehicles along Pacific Coast Highway to
view the fireworks; and following
discussion, motion was made to approve the
subject application, with the conditions
set forth in the staff report, and further,
that temporary "No Stopping" and /or "No
Parking" signs be posted at the appropriate
locations in the area.
4. Memorandum from City's Negotiating Team
recommending approval of TENTATIVE
AGREEMENT WITH THE NEWPORT BEACH POLICE
EMPLOYEES ASSOCIATION ( NBPEA) CONTRACT NO.
2056 FOR FISCAL YEAR 1990 -91.
Motion was made to refer the foregoing item
back to the Negotiating Team, as
recommended by staff.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. Report from the Planning Department
regarding the ANNUAL RENTAL VACANCY RATE
SURVEY.
The City Manager commented that pursuant to
the Condominium Ordinance, the City is
required to establish the Rental Vacancy
Rate each year, by a survey of 156 of the
City's rental units, and this year it was
noted that two larger projects (Oakwood and
Volume 44 - Page 231
90 -2
Crowns
it /Spcl
/Npt
li 90 -154
5)
NBPEA /FY
'90 -91
Negotiations
C -2056
(38)
Planning/
Annual Rntl
Vcncy Rt
(68)
•
Motion
Motion
Ayes x
Noes
•
Red x
Green
CITY OF NEWPORT BEACH
x
xlxIXIXixIX
ix I x1x ix I x
Red
Green I x I x I x I x I x ix
Red I xIxIxIxIxIxIx
Veen
MINUTES
June 25, 1990
Park Newport), through remodeling or
occupancy policies, had created a situation
that skewed the vacancy rental figures if
those projects were counted. As a result,
both surveys have been placed on the agenda
for consideration, with one survey
establishing a vacancy rate of 6.038
(includes above projects), or an
alternative vacancy rate of 3.728
(excluding both units).
Council Member Strauss stated his reasons
for supporting the vacancy rate at 3.728,
and made a motion for its approval.
Council Member Turner felt both above -
mentioned projects should be included in
the vacancy rate, and therefore, substitute
motion was made to establish the vacancy
rate at 6.038.
Lloyd Rucker, 423 Poppy Avenue, and Rob
Sepulveda, 514 Dahlia Avenue, addressed the
Council in support of the vacancy rate of
6.038.
The substitute motion was voted on and
carried.
2. APPOINTMEATTS TO BOARDS AND COMMISSIONS:
BOARD OF LIBRARY TRUSTEES
Jean Kiger was assigned the red light.
Sally Schroeder was assigned the green
light.
Jean Kiger was reappointed for term ending
June 30. 1.994.
CI1y, ARTS COMMISSION
Patricia Lillegraven was assigned the red
light.
Roya Fouladi was assigned the green light.
Patricia Lillegraven was appointed for term
ending June 30. 1994,
CIVIL SERVICE BOARD
(Council Nominee)
Albert Graham, Jr. was assigned the red
light.
Paula Godfrey was assigned the green light.
Albert Graham. Jr. was reappointed for term
ending June 30. 1994.
Volume 44 - Page 232
/Annual
Vcncy
IT
Cmsn
vil Sry Bd
CITY OF NEWPORT BEACH
LL
G June 25, 1990
Red x x x x x x x
Ion
Red x
White x
Green x I x x x x
Red
White x x
Green x x x x x
0
MINUTES
PARKS. BEACHES b RECREATION COMMISSION
Virginia Herberts was assigned the red
light.
Chanceford Mounce was assigned the green
light.
Virginia Herberts was reappointed for term
ending June 30. 1994,
Phillip Glasgow was assigned the red light.
Cherie Hart was assigned the white light.
John Konwiser was assigned the green light.
John Konwiser was reappointed to term
ending June 30. 1994.
PLANNING COMMISSION
Jerry Cobb was assigned the red light.
Barry Cross was assigned the white light.
Harry Merrill was assigned the green light.
Harry Merrill was reappointed to term
ending June 30. 1994,
J. CURRENT BUSINESS:
None.
Meeting ajourned at 9:15 p.m. in memory of
Michael Hart, son of Council Member Evelyn Hart
and Lynn Hart.
The agenda for this meeting was posted on
June 21, 1990, at 8:00 a.m. , on the City
Hall Bulletin Board located outside of the
City of Newport Beach Administration
Building.
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Volume 44 - Page 233
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