HomeMy WebLinkAbout08/13/1990 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
:A REGULAR COUNCIL MEETING
1000_7�`N� Gj 0&�03Vett PLACE: 7ca¢ci. Chambers
�TIME: � 7a00 P.M.
DATE: August 13, 1990
Present
Motion
All Ayes
An
All Ayes
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A. ROLL CALL.
B. Reading of Minutes of Meeting of July 23,
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 continued public
hearing regarding 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 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 OWEN
MINNEY to allow the construction of a
combined commercial /residential project
containing 2,000 square feet of commercial
development and three 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
3PA 89 -2(C)
(45)
/P 3380
wen Minney
SITE PLAN REVIEW NO. 59 - A request to Site Pln
permit the construction of a combined Rvw 59
commercial/ residential development within
the Old Newport Boulevard Specific Plan
Area where a specific Plan has not yet been
adopted;
AND
RESUBDIVISION NO. 929 - A request to Resub 929
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.
Volume 44 - Page 263
COUNCIL
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Motion
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CITY OF NEWPORT BEACH
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August 13, 1990
Recycled report from the Planning
Department:, dated July 9, 1990.
Communication from Annette Bell in support
of Mr. Minney's application.
The City clerk advised that after the
agenda was printed, a letter was received
from Owen. Minney, .applicant, requesting
this item be removed from the calendar and
rescheduled for a later date.
There being no objections, motion was made
to review the commercial /residential mixed -
use issue at a future study session; close
the subject hearing; and remove this item
from the calendar as requested.
2. Mayor Plummer opened the public hearing.and
City Council review of USE PERMIT NO. 1758
(AMENDED)., A request of NINA'S NEWPORT
BEACH, to amend a previously approved use
permit which allowed the establishment of
a private club with on -sale alcoholic
beverages, live entertainment, dancing, and
off -site parking with a full -time valet
parking service. The proposed amendment
includes it request to expand the hours
of operation of the club so as to allow a
6:00 p.m. opening, whereas the existing
hours of operation are limited from 9:00
p.m. to 2:00 a.m. daily. The proposal also
includes a request to formally amend a
previously approved off -site parking
agreement so as to allow the use of nine
parking spaces in the Lido Building parking
lot during the expanded hours of operation.
The proposal also includes a request to
approve a second off -site parking
arrangement on an informal basis involving
the parking lot at the southeasterly corner
of 32nd Street and Villa Way so as to
provide a. portion of the required off -
street parking during the expanded hours of
operation„ Property located at 3388 Via
Lido, adjacent to Lido Marina village, on
the northeasterly side of Via Lido between
Via Oporto and Via Malaga.
Report from the Planning Department.
The City Clerk advised that after the
agenda was printed, three letters were
received in opposition to the request for
expanded hours, etc., from 1) First Church
of Christ Scientist; 2) Lido Isle Community
Association; and 3) Louise Greeley, 16
Swift Court.
Volume 44 - Page 264.
U/P 1758(A)
Ninacs
(88)
CITY OF NEWPORT BEACH
MINUTES
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)kK\C00PONZ,if August 13, 1990
The City Manager summarized the staff
U/P 1758(A)
report as follows:
"The applicant had originally
requested that the club be open at
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6:00 p.m., but changed his request to
6:30 p.m., inasmuch as the City
Traffic Engineer had concerns
regarding the amount of traffic on
Via Lido relative to the valet
operation, as well as potential
conflicts between the patrons of the
private club and patrons of the City
National Bank on Friday afternoons,
when the bank is open until 6:00 p.m.
By opening 30 minutes later, both of
these concerns are adequately
mitigated, inasmuch as the amount of
traffic on Via Lido is significantly
reduced at 6:30 p.m. so as not to be
a problem. The City Council should
also be aware that the applicant's
purpose for opening at 6:30 p.m. is
not to change the operational
characteristics of the club, which
has previously been described as a
late night operation. Rather, said
request is for the purpose of
allowing the occasional use of the
club for private parties during the
early evening. The applicant has
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indicated that the peak hours of the
club operation will still be after
11:00 P.M.
"In order to satisfy the additional
parking demand for the private club
between 6:30 p.m. and 9:00 p.m., the
applicant has obtained the use of 36
additional parking spaces, beginning
at 6.00 p.m. nightly, in the off -site
parking lot located at the
southeasterly corner of 32nd Street
and Villa Way. In addition, the
applicant has obtained the earlier
use, beginning at 6:00 p.m., of the
nine parking spaces currently
permitted by the club in the Lido
Building (3355 Via Lido). However,
pursuant to the parking requirements
set forth in the Municipal Code, the
applicant is still short three
parking spaces."
Following discussion of the applicant's
tenant lease, as set forth on page 24 of
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the staff report, reference was made to
valet parking on the street to which the
City Attorney commented that pursuant to
the original Conditions of Approval, any
valet parking on the street would be a
violation of the use permit.
Volume 44 - Page 265
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Motion
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CITY OF NEWPORT BEACH
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August 13, 1990
Joe Blanchfield, applicant, addressed the
Council in support of his request to open
at 6:30 p.m., stating that the earlier time
would allow the club to cater to private
parties, such as the boat parade, etc. He
further stated that the club is open to the
public and provides cocktails and dancing
only, and if food is desired for a private
party, then it is catered. He displayed a
photograph of the recently remodeled club,
and urged approval of his request.
Hearing no others wishing to address the
Council, the public hearing was closed.
Council Member Strauss expressed his
concerns regarding the requested change of
hours and parking in the area, and
following his comments, made a motion to
deny the .request, based on the Findings and
Conditions designated as Exhibit "B" in the
staff report.
Council Member Watt expressed her
opposition to the request for a 6:30 p.m.
opening time for private parties,
indicating she felt it could lead to a new
type of operation, and change the
characteristics of the business.
Council Member Cox spoke in support of the
request and against the motion on the
floor, stating the night club is in a
business district and the applicant should
be allowed to operate during business
hours; and therefore, made a substitute
motion to sustain the decision of the
Planning commission, based on the Findings
and Conditions designated in Exhibit "A" of
the staff report, and adding a new
condition to read as follows:
12. Permittee shall notify the
City in the event of receipt
of any notice to terminate
parking rights pursuant to the
Lease, and in such event, the
Planning Commission or City
Council on review or appeal,
may add or modify conditions
of approval or otherwise
require a change in the
operational characteristics."
Council Member Hart indicated she could not
support the substitute motion, inasmuch as
the applicant was short three required
parking spaces.
Volume 44 - Page 266
U/P 1758(A)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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August 13, 1990
Motion x
Ayes x x x x
Noes x x x
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Motion
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In view of the foregoing, a second
substitute motion was made to modify the
decision of the Planning Commission and
allow the applicant to open at 5:00 p.m.;
authorize the Mayor and City Clerk to
execute an off -site parking agreement
between Joseph P. Blanchfield (club site)
and the Lido Building Ltd. (off -site
parking site); and to include the addition
of Condition No. 12, as presented on the
foregoing minute page.
3. Mayor Plummer opened the public hearing [94) rd 90 -33
regarding PROPOSED ORDINANCE NO. 90 -33, oning
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE AS IT APPLIES TO
NONCONFORMING USES AND STRUCTURES
(PLANNING COMMISSION AMENDMENT NO. PCA 712
712).
Report from the Planning Department.
The City Manager summarized the staff
report, rioting the proposed amendment is
intended to address alteration of
structures necessary to comply with the
City earthquake standards, replacement of
damaged or destroyed condominium units, and
alteration of extensively damaged
structures. On July 5, 1990, the Planning
Commission voted unanimously to recommend
to the City Council the adoption of the
proposed amendment.
Lou Vondyl, 310 Fernando Avenue,
representing Newport Bay Towers Homeowners
Association, addressed the Council, and was
assured by the Planning Director that their
concerns expressed on July 5 to the
Planning Commission, were included in the
subject document.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Ordinance No.
90 -33.
E. PUBLIC COMMENTS:
None.
Volume 44 - Page 267
Motion
All yes
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CITY OF NEWPORT BEACH
MINUTES
August 13, 1990
F. CONSENT CALENDAR:
The following actions were taken as indicated,
except for those items removed.
1. ORDINANCES FOR
Schedule for public hearing on
August 27, 1990 -
(a) Proposed Ordinance No. 90 -35, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING A PORTION OF
DISTRICTING MAP NO. 18 SO AS
TO RECLASSIFY ONE PORTION OF
THE PROPERTY LOCATED ON LOTS
30, 32, AND 34, BLOCK A -36,
LOCATED AT 126 -130 IRIS
AVENUE; AND LOT 1, TRACT NO.
1026 LOCATED AT 3016 BREAKERS
DRIVE, ON THE SOUTHEASTERLY
CORNER OF IRIS AVENUE AND
OCEAN BOULEVARD, AND ON THE
NORTHERLY SIDE OF BREAKERS
DRIVE, EASTERLY OF IRIS
AVENUE, IN CORONA DEL MAR
(PLANNING COMMISSION AMENDMENT
NO. 713). [Report from the
Planning Department)
Pass to second reading on August 27, 1990 -
(b) Proposed Ordinance No. 90 -36, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING TITLE 5 OF THE
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO BUSINESS LICENSE
TAX EXEMPTION FOR CHARITABLE
AND NONPROFIT ORGANIZATIONS.
[Report from Assistant City
Attorney)
(c) Proposed Ordinance No. 90 -37, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING CHAPTER 12.63
PERTAINING TO COMMERCIAL WASTE
HAULERS AND REFUSE BINS.
[Report from General services
Director)
Volume 44 - Page 268
Ord 90 -35
Zoning
(94)
(27)
a
713
90 -36
Lic Tx
90 -37
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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(d) Proposed Ordinance No. 90 -38, being, Ord 90 -38
Traffic/
AN ORDINANCE OF THE CITY Parking
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COUNCIL OF THE CITY OF NEWPORT Meters
BEACH AMENDING CHAPTER (85)
12.44.020 OF THE NEWPORT BEACH
MUNICIPAL CODE ADDING PARKING
METER ZONE EIGHT. [Report
from Public Works /Traffic
Engineering]
2. RESOLUTIONS FOR ADOPTION -
(a) Resolution No. 90 -85 establishing the Finance/
penalty fees for excessive false Fees /False
alarm responses by the Police and Alrm Pnity
Fire Departments. (Report from Res 90 -85
Business License supervisor) (40)
3. CONTRACTS, /AGREEMENTS:
(a) Approve the firm of George Hamilton Beacon Bay
Jones, Inc. to conduct the appraisal Aprsl /Jones
for BEACON BAY; and authorize the C -2828
Mayor and City Clerk to execute (38)
contract not to exceed $75,000.
(Report from Deputy City Manager)
4. COMMUNICATIONS - For referral as indicated:
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(a) To Marine Department for reply, Marine Dpt
letter of inquiry from Erika Ziegler (51)
as to who has jurisdiction over
injured fish and wildlife found on
CATALINA ISLAND.
(b) To Building Director for response, Bldg Dpt
letter from Alan L. Blum requesting (26)
that no BUILDING PERMITS be issued
unless the proposed new or remodeled
construction is accompanied by a
similar permit for destruction of an
equal existing building, residence,
etc.
(c) To Police Department for reply, PD
letter from Dover Shores Community (70)
Association concerning late hour
DISTURBANCES at corner of Santiago
and Polaris Drive, and Galaxy Park
(Galaxy Drive).
(d) To Public Works Department for PW
response, letters from Michael (74)
Shannon, Christine Scorzeill, Donald
and Winifred Spengler, Cindy
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Gittleman, Dr. Burton Sehler, Judy
Campbell and Carol M. Hazen opposing
Volume 44 - Page 269
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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ROLL CALL
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the acquisition of public land by the
OCEAN FRONT homeowners, and extension
of the existing ocean front sidewalk
and biketrail.
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Note: Three additional letters
received [regarding foregoing] from
Bob Solomon, Dana Lazzarevich and
Dayna Pettit.
(e) To :Planning Department for inclusion Planning
in the records, letter from West (68)
Newport Beach Association regarding
BLUFF TOP' LINEAR PARR adjacent to
Hoag Hospital.
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Copy of letter to Traffic Engineer Central
from Don Beatty with input regarding Balboa /Pkg
problems and solutions for the Study
CENTRAL BALBOA PARKING AND
CIRCULATION STUDY.
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's referral.
to the claims adjuster:
(a) Joshua Andreoli (a minor represented Andreoli
by Christine L. Clinton) seeking
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damages, alleging various conditions
caused accident off Corona del Mar
beach, resulting in death of father
Louis Michael Andreoli on January 21,
1990.
(b) Dana Bieber alleging property damage, Bieber
etc.., as a result of sewer backup on
July 16, 1990, at 704 Larkspur
Avenue.
(c) Irene Butler alleging damage to eye Butler
glasses as a result of trip and fall
on brick traffic median/ pedestrian
walk -way at intersection of Via Lido
and 32nd Street on July 27, 1990.
(d) Elizabeth Chatlin alleging personal Chatlin
injuries as a result of collision at
intersection of Jamboree Road and
Pacific Coast Highway on February 28,
1990.
(e) Margit Christiana alleging property Christiano
damage as a result of sewer backup at
231 Poppy Avenue on July 2, 1990.
Volume 44 - Page 270
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
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ROLL CALL�P August 13, 1990 INDEX
(f) Application for Leave to Present Late Jansema-
Claim of - Wendy Ann Jansema -Delec Deleo
alleging property damage as a result
of her automobile driving into water-
course flowing across Pacific Coast
Highway (State Route 1) south of
Cameo Shores on February 17, 1990.
(g) Ethel Grodach alleging personal Grodach
injuries as a result of fall on
raised sidewalk between 416
Marguerite and parking lot exit on
July 25, 1990.
(h) James R. Ireland alleging property Ireland
damage, etc., as a result of traffic
accident at Jamboree Road and Pacific
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Coast Highway on March 12, 1990.
(i) Shirley Grunder Jordan alleging Jordan
personal injuries as a result of
falling from bicycle when she ran
into reflectorized chain at 13th
Street Playground on May 11, 1990.
(j) Mercury Insurance Company /Flora Byrne Mercury
alleging City truck backed into Ins /Byrne
claimant's parked vehicle at "A"
Street Parking Lot on May 27, 1990.
(k) Peter Leider /Rim Leider alleging Leider
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property damage as result of sewer
backup at 704 1/2 Larkspur Avenue on
July 16, 1990.
(1) Robin Peterson alleging Police Peterson
damaged her car when they threw the
person they were arresting against
her car on July 7, 1990.
(m) George C. and Mary A. Santoro Santoro
alleging property damage, etc., as
result of sewer backup at #1 Goleta
Point Drive on July 19, 1990.
(n) Eileen S. Simpson alleging personal Simpson
injuries as a result of being hit
while in crosswalk on Balboa
Boulevard on June 2, 1990.
(o) Raymond R. Simpson alleging personal Simpson
injuries as a result of being hit
while in crosswalk on Balboa
Boulevard on June 2, 1990.
(p) David A. Smith alleging personal Smith
injuries, etc., as a result of
colliding with other bicyclist on
Boardwalk on June 18, 1990.
Volume 44 - Page 271
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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to August 13, 1990
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(q) David Warren alleging loss of Warren
earnings, emotional, mental and
physical distress as a result of
arrest, etc.
.
(r) Barbara White alleging City Refuse White
Truck damaged her parked vehicle at
124 Via Menton on July 24, 1990.
(s) Russell S. Witte alleging his vehicle Witte
towed in error from 29th Street on
July 9 and 10, 1990; seeking
reimbursement of loss of work, etc.
(t) Ronald Zink alleging personal Zink
injuries as a result of trip and fall
at N/E corner of Prospect and Coast
Highway on June 23, 1990.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's referral
to the claims adjuster:
Norte.
S. REQUEST TO APPROVE /FILL PERSONNEL (66)
VACANCIES: (Report from the City Manager)
(a) One Refuse Worker I, General Services
Department.
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(b) One Deputy Finance Director, Finance
Department.
(c) One Tree Trimmer I, Tree Division.
(d) One Advance Planning Manager,
Planning Department.
(e) Two Police Records Specialists,
Police Department.
(f) One Police Officer, Patrol Division.
(g) One Geobase System Analyst, Utilities
Department.
(h) one Marine Safety Officer, Marine
Department.
(i) One Reference Librarian, Library
Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
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(a) Report from the Assistant City nel Plcy
Attorney regarding amendment to -10
COUNCIL POLICY A -10, Procedural Rules (69)
for the Conduct of City Council
Meetings.
Volume 44 - Page 272
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
C�7t
ALL lA G August 13, 1990 INDE
(b) Report from Traffic Affairs committee TAC /Pkg
regarding PARKING IN THE VICINITY OF (85)
18TH AT 19TH AND BAY AVENUE.
(c) LIBRARY BOARD - Election of Officers
for fiscal year 1990/91.
10. PUBLIC HEARING SCHEDULING - August 27,
1990:
(a) RESUBDIVISION NO. 932 - A request of
ROBERT BUCCI to resubdivide three
Iris Avenue lots into a single parcel
of :land for single family residential
development and to adjust the common
interior property ,line between the
proposed Iris Avenue parcel and a
Breakers Drive lot. The proposal
also includes an exception to the
Subdivision Code so as to allow the
creation of parcel which is less than
50 feet wide. Property located at
Lots 30, 32, and 34, Block A -36,
located at 126 - 130 Iris Avenue; and
Lot 1, Tract No. 1026 located at 3016
Breakers Drive, on the southeasterly
corner of Iris Avenue and ocean
Boulevard on the northerly side of
Breakers Drive,. easterly of Iris
Avenue, in Corona del Mar. [Refer to
F-1 (a), Planning Commission Amendment
No. 713) (Report from Planning
Department)
Library Bd
(24)
Resub 932
(84)
11. Removed from the Consent Calendar.
12. OFF -SITE PARKING AGREEMENT WITH CARMELO
Manto /Off-
MANTO /USE PERMIT NO. 1908 (AMENDED) -
Site Pkg
Accept an Off -Site Parking Agreement for a
Agm
portion of the required parking spaces in
C -2829
conjunction with Use Permit No. 1908
(38)
(Amended), which permits changes in the
operational characteristics of the
restaurant, located at 3520 East Coast
Highway. [Report from the Planning
Department]
13. Removed from the Consent Calendar.
14. SPECIAL EVENT APPLICATIONS - Uphold staff's Bus Lic/
recommendation to approve the following Spcl Evnt
applications, subject to conditions listed JApli
in the staff report [Report from Business (65)
License Supervisor]:
(a) Application No. 90 -049 - Apli#90-
Temporary road closures on Bayview 049
and Backbay Drives and Jamboree Road
on Sunday, November 18, from 8:00
a.m.. - 11:00 a.m. for the Annual
Y.M.,C.A. and Kiwanis Club 5 K & 10K
Runs.
Volume 44 - Page 273
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
August 13, 1990
MINUTES
(b) Application No. 90 -238 - Use of
public beach in the area of the
Newport Pier by the Newport Beach
Lifeguard Association for their
Annual Ocean Swim on Saturday,
September 22, from 9:00 a.m. - 10:30
a.m.
(c) Application No. 90 -247 -
Temporary road closure of Backbay
Drive on Saturday, November 10, from
6:30 a.m. - 8:00 p.m. for the bike
tour sponsored by the National
Nultiple Sclerosis Society of Orange
County.
(d) Application No. 90 -251 - Use of
public beach at Corona del Mar State
Beach on Saturday,
September 22, from 8:00 a.m. - 2:00
p.m. for the National Beach Clean Up
Day sponsored by Farrell Hinkle and
the California Coastal Commission.
Apli#90-
238
Apli(190-
247
Apli1190-
251
(e) Application No. 90 -255 - JA 90-
Temporary road closures of Backbay 255
and University on Sunday, November
11, for the Orange County Register
Fun Bike Rides.
(f) Application No. 90 -275 - Use of Apli#90-
public beach at 5300 West Oceanfront 275
on September 22 and 23, from 7:00
a.m. - 5:00 p.m. for the Annual Surf
Contest sponsored by Maui and Sons
and the Parks, Beaches and Recreation
Department.
(g) Application No. 90 -277 - Use of Apli�190-
public beach at Corona del Mar State 277
Beach on Sunday, September 30, from
10:00 a.m. - 4:00 p.m. for their
Annual Sandcastle Contest. -
(h) Application No. 90 -283 - Use of Apli(190--
public beach at 55th Street on 283
Saturday, August 25, from 6:30 a.m. -
11:30 a.m. by the Boy Scouts of
America /Annual Surf Contest.
15. COUNCIL TRAVEL AUTHORIZATION AND EXPENSE Council
RECORD - Approve expense record for Trvl Expns
Ruthelyn Plummer in the amount of $900.93 (33)
to attend League of California Cities
Mayor /Council Conference in Monterey,
July 17 - 20, 1990.
Volume 44 - Page 274
CITY OF NEWPORT BEACH
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16. RESUBDIVISION NO. 911 - Approve a
subdivision agreement guaranteeing
completion of the public improvements
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required with Resubdivision No. 911 (3245-
3251 Broad Street and 476 -480 North Newport
Boulevard); authorize the Mayor and City
Clerk to execute the agreement; and accept
the offers of dedication of 15' radius
corner cutoffs at the corner of Broad
Street and Bolsa Avenue and at the corner
of Newport Boulevard and Bolsa Avenue.
[Report from Public Works Department)
17. TRACT NO. 12873 - Approve the improvement
plans and specifications and accept the
public improvements constructed in
conjunction with Tract No. 12873 (2505
Cliff Drive); authorize the City Clerk to
release the Faithful Performance Bond (Bond
No. 9443945); and release the Labor and
Material Bond (Bond No. 9443945) in six
months provided no claims have been filed.
[Report from Public Works Department]
18. VARIANCE NO. 1158 - Approve a Variance
Agreement guaranteeing completion of the
public improvements required with Variance
No. 1158 (2209 Pacific Drive); and
authorize the Mayor and City Clerk to
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execute the agreement. [Report from Public
Works Department]
19. CAMPUS DRIVE WIDENING FROM BRISTOL STREET
THROUGH 14ACARTHUR BOULEVARD, PHASE II -
Approve the plans and specifications for
the second phase of the Campus Drive
widening project and authorize the staff to
issue the necessary permits to complete the
work within the City of Newport Beach.
[Report from Public Works Department]
20. 1989 -90 STREET RECONSTRUCTION AND
RESURFACING PROGRAM, PHASE II (CONTRACT NO.
2794) - Accept the work; and 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 Public Works
Department)
21. 1989 -90 STORM DRAIN IMPROVEMENT PROGRAM
(CONTRACT NO. 2716) - Accept the work; and
authorize the City Clerk to file a Notice
of Completion and release the bonds 35 days
• I I I I I I I I after the Notice of Completion has been
recorded in accordance with applicable
portions of the Civil Code. [Report from
Public Works Department)
Volume 44 - Page 275
Resub 911
Tract
12873
1158
(91)
PW /Campus
Dr /Bristol/
MacArthur
Phs II .
Widening
(74)
'89 -90 St
Rcnst /Rsrf
Phs II
C -2794
(38)
'89 -90
Strm Drn
Impry Prg
C -2716
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OUNCIL MEMBERS
9�A1PO� August 13, 1990
MINUTES
22. PACIFIC COAST HIGHWAY SIDEWALK ADJACENT TO
CAMEO HIGHLANDS (CONTRACT NO. 2523) -
Accept the work; and 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 Public Works
Department]
23. OASIS IMPROVEMENTS - PHASE I (RELOCATING
GARDEN PLOTS /CONTRACT NO. 2773) - Revise
the bid opening date to 11:00 a.m., on
August 29,. 1990. [Report from Public Works
Department)
24. JACK CALDWELL REQUEST TO CONSTRUCT A
PARKING STRUCTURE IN OCEAN BOULEVARD
ADJACENT TO 2711 OCEAN BOULEVARD - Uphold
staff's :recommendation to approve the
application subject to: 1) Applicant to
execute an Agreement for Nonstandard
Improvements, including provisions that the
City will. not be responsible for the
maintenance of any of the permitted
construction; and that the City does not
warrant that the existing curb cut on Ocean
Boulevard in front of 2723 Ocean Boulevard
will be allowed to remain if the house at
2723 Ocean Boulevard is remodeled or
rebuilt; 2) Applicant to pay for 111 linear
feet of 5 -foot -wide public sidewalk across
the front of applicant's property at an
estimated cost of $2,442 in accordance with
the Policy on Financing Capital
Improvements; and 3) Applicant obtains a
Building Permit from the Building
Department. (Report from Public Works
Department)
25. RESUBDIVISION NO. 811 - Approve the
improvement plans and specifications and
accept the public improvements constructed
in conjunction with Resubdivision No. 811
(3901 East Coast Highway, Corona del Mar);
and authorize the City Clerk to release the
Faithful Performance Bond and the Labor and
Material Bond (Bond No. 2 -595 -317).
[Report from Public Works Department)
26. BUDGET AMENDMENTS - For approval:
BA -003, $30,000 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for additional funds
for appraisal and cleanup necessary to
negotiate the sale of City -owned property
to U.S. Government in conjunction with
construction of SANTA ANA RIVER MAINSTEM
FLOOD CONTROL PROJECT (carry -over of funds
from 1989 -90 budget inadvertently
overlooked[; General Fund.
Volume 44 - Page 276
PCH Sdwlk
Adj Cameo
Hghlnds
C -2523
(38)
Oasis Impry
Phs I
C -2773
(38)
Permit/
Encroachm/
Caldwell
(65)
Resub 811
(84)
(40)
C
ROLL
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Motion
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CITY OF NEWPORT BEACH
MINUTES
August 13, 1990
BA -004, $7,000 - Transfer in Budget
Appropriations for installation of PARKING
METERS ON COAST HIGHWAY IN WEST NEWPORT;
General Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Recycled report from Planning Department,
dated June 25, and letter in opposition
from Margaret H. Bedell, concerning
PROPOSED GENERAL PLAN AMENDMENT NO. 90 -2 /D.
FIVE CROWNS RESTAURANT - A 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, two Letters were
received as follows: 1) Jerry A. King,
representing Five Crowns Restaurant,
requesting this issue be continued to
September 24, 1990; and 2) Deborah E.
Allen, Chairperson, Corona del Mar
Residents Association, recommending the
City Council deny any zone change that
would permit encroachment into residential
areas because of a potentially dangerous
precedent.
Jerry A. King, representing Five Crowns
Restaurant, addressed the Council and
stated that since the writing of the above
letter, the applicant has decided to
withdraw the request for a General Plan
Amendment..
Motion was made to accept the above request
for withdrawal.
2. Report from Marine Department recommending
denial of HARBOR PERMIT APPLICATION NO.
174 -105 BY RON COLLINS, to revise
residential pier and float bayward of 105
Via Lido Soud, pursuant to Section S.B. of
the Harbor Permit Policies.
The City Manager summarized the staff
report as follows:
"Currently the structure bayward of
105 Via Lido Soud is a single finger
float 123 feet long. The applicant
proposes the addition to the single
finger float of an additional finger,
Volume 44 - Page 277
45)
90 -2 /D
Crowns
r Perm
174-
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MINUTES
August 13, 1990
which would make the dock a U- shaped
float, with an interior width of 34
feet. This would allow the applicant
to berth a boat at the slip with the
potential length of 155 to 160 feet,
with the potential of extending
beyond the slip up to 34 feet.
Although the potential for this
amount of bayward extension exists at
the facility now, it is limited by
the fact that the dock is a single
finger.
"Because of the nature of the slips
in this particular location and the
traffic through this area, the Marine
Department has been concerned about
bayward extensions beyond the
existing long fingers.
"This application has been reviewed
by the Orange County Sheriff's Harbor
Department and their recommendation
was that no more than a 15 foot
extension beyond the structure be
allowed. The Marine Department
concurs. This was discussed with the
property owner and it was suggested
that the proposed application be
approved with a limitation that any
boat berthed at the new facility not
be allowed beyond the structure more
than 15 feet. This would allow a
vessel of approximately 135 feet in
length to be berthed there. The
applicant did not want to agree to
the limiting condition and has
elected to go forward with the
application with no limits set.
"Because of the potential for
navigational and berthing problems in
the area, the Marine Department is
recommending denial of the
application, unless limiting
conditions can be applied."
Ernest Collins, 105 Via Lido Soud,
applicant, addressed the Council and
displayed a photograph of his existing
pier, which he stated he would like to
restructure to a U- shaped dock. He stated
it is not his intention to extend any
vessel beyond 10 to 12 feet; however, he
did not want to be limited to this
restriction in the event he sells his home.
Following discussion, and upon
recommendation of the City Attorney, motion
was made to refer the subject permit to the
Tidelands Affairs Committee for report back
on August 27, 1990.
Volume 44 - Page 278
Perm
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
I �- 9y Go� 01V10--p* August 13, 1990
•
M41 n
All Ayes
Motion
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H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 90 -34, being,
MINUTES
AN ORDINANCE OF THE CITY COUNCIL OF Camp
THE CITY OF NEWPORT BEACH ADDING ocs
CHAPTER 1.30 TO THE NEWPORT BEACH (39)
MUNICIPAL CODE PERTAINING TO CAMPAIGN
DOCUMENTS.
Recycled report dated July 23, 1990 from
the City Attorney.
The City Attorney stated the proposed
ordinance would require late campaign
material to be filed with the City Clerk,
and is intended to provide an opportunity
for candidates and proponents /opponents of
a measure to respond to last minute "hit
pieces." Candidates who appear to benefit
from attacks on their opponents would have
an opportunity to disavow the contents of
the document or any connection to the
distributor. Any person distributing two
hundred, or more, substantially similar
campaign documents within fourteen (14)
days of any general or special municipal
election, shall, within two hours of first
distribution, file ten (10) copies of the
campaign document with the City Clerk.
Motion was made to adopt Ordinance No.
90 -34.
I. CONTINUED BUSINESS:
None.
90 -34
J. CURRENT BUSINESS:
1. LEAGUE OF CALIFORNIA CITIES - Request for Organiz
designation of voting delegates for Annual Leag CA
League Conference October 21 -24, 1990. Cities
(61)
Motion was made to designate Ruthelyn
Plummer, Mayor as the Voting Delegate, and
Phil Sansone, Mayor Pro Tam as Alternate
for the City of Newport Beach, at the
Annual League Conference in Anaheim.
2. Report from Parks, Beaches and Recreation %L4
Department recommending denial of request (62)
from Susan. Jordan Passmore for removal of
three additional TREES at 1100 Pembrooke
Lane, citing plumbing problems from roots
in the lines.
Volume 44 - Page 279
COUNCIL
\G \9\
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'Motion
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MINUTES
August 13, 1990
The City Manager submitted photographs of
the three trees in question and stated it
is the staff's recommendation, following
inspection of the trees, that they should
be retained. They are healthy trees that
contribute to the overall street scape and
it is their opinion that they will not
cause sewer line problems, as described in
Mrs. PaeamOre'6 letter.
Following consideration, motion was made to
sustain the decision of the Parks, Beaches
and Recreation Commission.
Meeting adjourned at 8:20 p.m.
f x A 4 R w *} rt W 1t R f4
The agenda for this meeting was posted on
August 9, 1990 at 8:40 a.m., on the City
Ball Bulletin Board located outside of the
City of Newport Beach Administration
Building.
ATTEST:
I
1.
Volume 44 - Page 280