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HomeMy WebLinkAbout09/09/1991 - Regular MeetingPresent I xI Al sent x Motion All Ayes on Ayes 0 on Ayes X Li3a:�V_ CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING \\ PLACE; Council Chambers TIME: 7:00 P.M. DATE: September 9, 1991 x x x x x x written, and ordered filed. C. x resolutions under consideration was A. ROLL CALL. B. Reading of Minutes of Meeting of August 26, 1991, was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Sansone opened the public hearing GPA 90 -2(E) regarding GENERAL PLAN AMENDMENT NO. 90- Ord 91 -35 2(E) - A request to consider an (45/94) amendment to the Land Use Element of the General Plan so as to redesignate properties on the northerly and easterly side of Lido Park Drive on Lido Peninsula from a mixture of Single - Family Attached and Recreational and Marine Commercial to Single - Family Attached; and to revise the dwelling unit allocation; AND Proposed ORDINANCE NO. 91 -35, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING DISTRICTING MAP NO. 8 SO AS TO RECLASSIFY LOTS LOCATED ON THE NORTHERLY AND EASTERLY SIDE OF LIDO PARR DRIVE ON LIDO PENINSULA (601, 611, 617, 621 AND 633 LIDO PARR DRIVE) FROM THE C -2 DISTRICT TO THE MFR DISTRICT; AND TO RECLASSIFY LOTS LOCATED ON THE NORTHERLY AND EASTERLY SIDE OF LIDO PARR'. DRIVE (701, 703, 705, 707 AND 711 LIDO PARK DRIVE) FROM THE P -C DISTRICT TO THE MFR DISTRICT; AND TO ESTABLISH DWELLING UNIT LIMITS FOR EAST LOT CONSISTENT WITH THE GENERAL PLAN AND EXISTING DEVELOPMENT (PLANNING COMMISSION AMENDMENT NO. PCA 741 741). Report from the Planning Department. The City Manager summarized the staff report noting that on August 8, 1991, the Planning Commission recommended approval of General Plan Amendment No. 90 -2(E) and Amendment No. 741 to the City Council. He stated the proposed revision to 149 existing dwelling units, and 156 allocated dwelling units reflects the intent of the Land Use Element. Hearing no one wishing to address the Council, the public hearing was closed. Following discussion and clarification of the height limit in this area for any future building, motion was made to: Volume 45 - Page 273 CITY OF NEVORT BEACH COUNCIL MEMBERS MINUTES ROLL \\ \ \ \�� \\ September 9, 1991 TNnpy (a) Adopt Resolution Ho. 91 -92, Res 91 -92 amending the Land Use Element of the General Plan so as to redesignate properties on the northerly and easterly side of Lido Park Drive on Lido . Peninsula from a mixture of Single - Family Attached and Recreational and Marine Commercial to Single - Family Attached; and to revise the dwelling unit allocation; AND (b) Adopt ORDINANCE NO. 91 -35. E. PUBLIC COMMENTS: Judy Spindle, 200 Poppy Avenue, Ocean B1/ addressed the Council and submitted a Poppy Av petition and three letters in opposition to the number of children that are allowed to be dropped off in the red zones on Ocean Boulevard and Poppy Avenue by school buses to view the tide pool area. She submitted photographs showing the buses with children filing into the street. She stated that she is not opposed to the children seeing the tide pools., but she and her neighbors are concerned about the children' safety. She also indicated that residents in the area are complaining of engine roar and exhaust fumes from the • buses, and of noise made by the children. She further noted that up to 15 buses have brought children to the area in one day, and many of the buses block her driveway. In conclusion, she urged that some type of weight, restriction be placed on commercial vehicles on.Ocean Boulevard. It was pointed out that this issue had been considered by the Traffic Affairs Committee, but that the staff would investigate and report back. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated, All Ayes except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on September 23, 1991: (a) Removed from the Consent Calendar (refer to agenda item G. 1 for City Council action). (b) Proposed ORDINANCE NO. 91 -37, Ord 91 -37 being, Cnclmnc AN ORDINANCE OF THE CITY Boundaries • COUNCIL OF THE CITY OF (24) NEWPORT BEACH CHANGING AND REDEFINING THE BOUNDARIES OF THE COUNCILHANIC DISTRICTS WITHIN THE CITY. [Report from the Planning Department] wnl•ann AS - 97A a r 3L -� • • • CITY OF NEWPORT BEACH �f September 9, 1991 2. RESOLUTIONS FOR ADOPTION: None. 3. CONTRACTS /'AGREEMENTS: (a) Authorize the Mayor and City Clerk to approve Agreement format for the CORONA DEL MAR BEACH CONCESSION; and authorize the City Clerk to advertise for bid proposals from prospective operators to be opened at 10:00 a.m. on October 22, 1991. [Report from the Parks, Beaches and Recreation Director] 4. COMMUNICATIONS - For referral as indicated: (a) To Planning Department for response, letters from Newport Hills Community Association and Carol Mulholland concerning the PROPOSED MANNING COMPANY DEVELOPMENT BETWEEN NEWPORT HILLS DRIVE WEST AND MACARTHDR BOULEVARD. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Simin DuBesa alleging damage to vehicle as a result of being hit by City truck in parking lot at 1835 Newport Boulevard on August 14, 1991. (b) David Van Westerhuyzen alleging personal injuries, loss of earnings, etc., as a result of being rear -ended by City vehicle while stopped at intersection at Irvine Boulevard and Santiago on April 1, 1991. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Luis G. Nuno, Orange County Superior Court, Case No. 655632. Claim was denied by City Council on May 13, 1991. 8. REQUEST TO APPROVE/FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Librarian I, Library Department. (b) One Refuse Supervisor, Refuse Division. (c) One Equipment Operator I, General Services Department. Volume 45 - Page 275 MINUTES PB &R /CdM Beach Concession Prpsl (62) Planning (68) IDuBesa Van Wester- huyzen Nuno (66) COUNCIL MEMBERS MRS NNV&oNNR.111 • CITY OF NWOIRT BEACH September 9, 1991 (d) One Police Records Specialist, Police Department. (e) One Community Services Officer, Police Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the City Manager concerning placement of signs for the LIBRARY FOUNDATION'S REQUEST FOR DONATIONS TOWARDS THE NEW CENTRAL LIBRARY. For Council information and filing: (b) Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON AUGUST 22, 1991. 10. PUBLIC HEARING SCHEDULING - September 23, 1991: (a) GENERAL PLAN AMENDMENT NO. 91 -3(A) - A. request to consider an amendment to the Land Use Element of the Newport Beach General Plan on three parcels of land, from Retail and Service Commercial to Two- Family Residential; AND LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT N0. 21 - A request to consider an amendment to the Local Coastal Program Land Use Plan on three parcels of land, from Retail Service Commercial to Two- Family Residential. Property located at 3008, 3010 and 3012 West Balboa Boulevard, on the northeasterly side of West Balboa Boulevard between 30th Street and 31st Street in the Cannery Village/McFadden Square Specific Plan Area; 0 RESUBDIVISION NO. 968 - A Request to resubdivide an existing parcel into a single parcel of land for a Two- Family Residential Condominium Development on property located at 3008 West Balboa Boulevard in the SP -6 (R -2) District. [Report from the Planning Department] Volume 45 - Page 276 MINUTES m* Library (50) Planning (68) GPA 91 -3(A)/ LCP LUP Amnd 21/ RESUB 968 (45) r � NW. 0 • • C I TY OF NIA WORT BEACH September 9, 1991 11. ROCKY POINT RETAINING WALL (C -2687) - Affirm the Negative Declaration of Environmental Impact and the Categorical Exemptions of Environmental Impact; approve the plans and specifications; authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on October 3, 1991; authorize the Mayor and City Clerk to execute an Easement Agreement between the City and William and Beverly Ray which provides for an easement to construct the retaining wall and anchor system; and authorize the Mayor and City Clerk to execute a Supplemental Agreement with Tom Van Sant to provide, for compensation to complete the retaining wall intaglios. [Report from the Public Works Department] 12. WEST NEWPORT BEACH /SANTA ANA RIVER SAND DEPOSITION PLAN - Authorize the Mayor and City Clark to execute a Right -of -Entry Permit for the U.S. Army Corps of Engineers and their Contractor, Steve P. Rados, Inc.., to place sand in the near shore area of West Newport Beach. [Report from the Public Works Department] 13. RESDBDIVISION NO. 955 - Approve a Subdivision Agreement guaranteeing completion of the public improvements required with Resubdivision No. 955, located at 229 and 231 Via Lido Soud, on the southwesterly side of Via Lido Soud, across from Via Cordova on Lido Island; and authorize the Mayor and the City Clerk to execute the agreement. [Report from the Public Works Department] 14. RESUBDIVISION NO. 933 - Approve a Subdivision Agreement guaranteeing completion of the public improvements required with Resubdivision No. 933, located at 809 East Bay Avenue, on the southwesterly side of East Bay Avenue, between Main Street and "A" Street, in Central Balboa; and authorize the Mayor and the City Clerk to execute the agreement. [Report from the Public Works Department] 15. Removed from the Consent Calendar (refer to agenda item G. 3 for City Council action). 16. ACCEPTANCE OF THE WORK FOR THE CONSTRUCTION OF THE WATER, SEWER MAIN AND ALLEY REPLACEMENT PROGRAM (C -2759) - Accept the work; authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from the Public Works Department] 17. NEWPORT HARBOR AREA CHAMBER OF COMMERCE Uphold staff's recommendation to approve request to install SEAFEST BANNERS on light poles and commercial locations throughout the City. [Report from Revenue Manager] Volume 45 - Page 277 MINUTES INDEX Rocky Pt Rtng Wall C -2687 (38) (74) /StaAna Sand n Pln 955 933 Swr Alley (27) 59 t/ ROLL CELL " • • Motion All Ayes too n All Ayes x x CITY OF NEWPORT BEACH \ \\ September 9,'1991 18. BUDGET AMENDMENTS - For approval: BA -012, $4,247.50 - Increase in Budget Appropriations to provide for payment to the State of California, State and Consumer Services Agency for the cost of Industrial Disability Retirement hearings before Administrative Law Judges in the Department of General Services for the State of California; General Fund. BA -013, Removed from the Consent Calendar (refer to agenda item G. 2 for City Council action) BA -014, $30,000 - Increase in Budget Appropriations to provide for purchase and installation of an 801 flagpole at the Peninsula Park near the Balboa Pier; the Bicentennial Committee will raise $15,000 to partially reimburse the $30,000 appropriation; General Fund. BA -015, $285,325 - Increase in Budget Appropriations to provide for the Grant Howald and Eastbluff Parks restroom replacement (additional funds -- contract was awarded at the Council meeting of June 24, 1991); reappropriation of prior year funds which were inadvertently not encumbered; Parks, Beaches and Recreation Fund: G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from thel Building Director regarding proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO FLOOD DAMAGE PREVENTION. Motion was made to refer the subject ordinance back to:staff for additional study, as recommended by the City Manager. 2. BA -013, $25,000 - Increase in Budget Appropriations to provide for Appraisal Services for the Castaways property and the Newporter North property; General Fund. In response to question raised by Council Member Hedges regarding the purpose of the subject budget amendment, the City Manager advised that this is only an appropriation, and not an authorization to expend the funds. He stated that once the Circulation Build - out Ad Hoe_ Committee has met and formalized their recommendation, this matter will. be brought back to the Council for final approval prior to spending any of the $25,000 allocation. In view of the foregoing comments, motion was made to approve Budget Amendment No. 013. Volume: 45 - Page 278 MINUTES (40) 26) to 13 0n All Ayes ' Motion All Ayes • CI COUNCIL MEMBERS x x CITY OF NEWPORT BEACH MINUTES September 9, 1991 3. Report from the Public Works Department Permit/ recommending denial of APPEAL OF DOREEN Burchett AND JAY BUR.CHETT FROM DENIAL OF A PERMIT (65) AT 410 ACACIA AVENUE TO RETAIN AN EXITING DRIVE APRON ON ACACIA AVENUE WITH THE REDEVELOPMENT OF THE SUBJECT PROPERTY. Motion was made to defer action at this time, and continue this item to September :23, 1991, as recommended by Mayor Sansone. H. ORDINANCES FOR ADOPTION: None I. CONTINUED BUSINESS: 1. AD HOC HISTORICAL PRESERVATION Rist Prsr- COMMITTEE. vtn Ad Hoc mte Motion was made to appoint Jean Boyd as representative for Balboa, to fill vacancy left by resignation of James C. Person. J. CURRENT BUSINESS: None. Meeting adjourned at 7:32 p.m. The agenda for this meeting was posted on September 5, 1991 at 9:30 a.m., on the City Nall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: r i / , MI Volume 45 - Page 279