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HomeMy WebLinkAbout06/09/1986 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL \CALs� o ti ti v yF9 Went Motion Ayes Abstain Motion All Ayes o • REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: June 9, 1986 MINUTES IN LS :d S PCA 634 Ord 86 -15 (94) )RT iED IE Traffic Study E lResub 825 (84) ct f ots t, and lso ion Ith TMpTR 12209 (Revised) Ed Benson of the Quality of Life Citizens Advisory Committee presented Newport Beautiful Poster Awards for 1986. X x x x x x x A. ROLL CALL. B. The reading of Minutes of the Meeting x May 27, 1986, was waived, approved as X x x x x written, and ordered filed. x x C. The reading in full of all ordinances x and resolutions under consideration w, waived, and the City Clerk was direct4 to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the public hearin, regarding: AMENDMENT 'NO. 634 (PROPOSED ORDINANCE NO. 86 -15), being, AN ORDINANCE OF THE CITY OF NEWP BEACH ADOPTING PLANNED COMMUNITY DEVELOPMENT STANDARDS AND A PLAN COMMUNITY DEVELOPMENT PLAN FOR T' DEVELOPMENT OF THE POINT DEL MAR PLANNED COMMUNITY (Planning Commission Amendment No. 634); AND TRAFFIC STUDY - Request of THE IRVINE COMPANY, Newport Beach, to approve a traffic study in conjunction with 43 lots for single - family development on the subject site; AND RESUBDIVISION NO. 825 - Request of TB IRVINE COMPANY, Newport Beach, to consider a resubdivision of the subje property so as to create one parcel e land for conveyance purposes; AND TENTATIVE MAP OF TRACT NO. 12209 (Revised) - A request of THE IRVINE COMPANY, Newport Beach, to subdivide 6.63 acres of land into 43 numbered ) for detached single- family developmer one lot for private street purposes, one lot for private open space and landscaping purposes. The proposal includes an exception to the Subdivia Code so as to allow creation of lots which are less than fifty feet in wig Volume 40 - Page 199 MINUTES IN LS :d S PCA 634 Ord 86 -15 (94) )RT iED IE Traffic Study E lResub 825 (84) ct f ots t, and lso ion Ith TMpTR 12209 (Revised) CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL June 9, 1986 MINUTES INDEX and less than 5,000 sq.ft. in area. PCA 634 Property located at 6000 MacArthur Boulevard, on the northeasterly corner of MacArthur Boulevard and East Coast Highway at Fifth Avenue, in Corona del ® Mar. Report from the Planning Department was pr�sented. The City Clerk advised that after the printing of the agenda, a letter was received from the Legal Aid Society of Orange County, recommending denial of the subject Tentative Map. Mr. David Neish, representing Real Estate Development Corporation, addressed the Council and described the proposed project. He stated there will be 43 single- detached homes which will be "for- sale" units. He stated that they concur with all the Conditions of Approval as recommended by staff, and would urge the Council to approve the project. John P. Kelly, 717 Goldenrod Avenue, addressed the Council and stated that he was in support of the project, however, he was concerned with the proposal to • widen Goldenrod Avenue to 60 feet and widen Fifth Avenue to 40 feet. In response to the above, the Public Works Director stated that the widths mentioned by Mr. Kelly are standard widths for a two -lane local street. The 60 feet of right -of -way accommodates a 10 foot parkway on either side behind the curb, two 12 foot travel lanes (one in each direction), and two 8 foot parking lanes on each side of the street. Dick Nichols, 519 Iris Avenue, addressed the Council in favor of the project, but stated he felt the proposed widening of Goldenrod and Fifth Avenues would cause an increase in vehicular speed, to which he has concern. Ron Covington, 707 Orchid Avenue, addressed the Council regarding the widening of Goldenrod and Fifth Avenues, and stated he did not want to see Fifth • or Marguerite Avenues become "high- speed" thoroughfares. Volume 40 - Page 200 CITY OF NEWPORT BEACH COUNCIL MEMBERS co \CAL s -o 3 ti ti v ROLL Gip � �9 C9 yip June 9, 1986 MINUTES INDEX Keith Dawson, 721 Goldenrod Avenue, PCA 634 addressed the Council and stated that he resides at the corner of Fifth and ® Goldenrod Avenues, and that widening the subject streets will only increase speed. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to approve the project All Ayes as recommended by the Planning Commission, and Adopt Resolution No. 86 -44, accepting, Res 86 -44 approving and certifying the Final Environmental Impact Report; Make the Findings contained in the Statement of Facts with respect to significant: impacts identified in the Final Environmental Impact Report; Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; • With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant: environmental effects that will result if the project is approved, the mitigation measures identified sball be incorporated into the project, and all significant environmental effects that feasibly can be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in said Statement or Overriding Considerations, giving greater weight to the unavoidable environmental effects, are acceptable; Adopt Ordinance No. 86 -15; Sustain the action of the Planning Commission and approve the Traffic Study for the Point del Mar Planned Community; Sustain the action of the Planning Commission and approve Resubdivision No. 825 to create one parcel of land for conveyance purposes; Volume 40 - Page 201 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL aT o s s v ROLL Gtr � F9 y�A June 9, 1986 MINUTES iI,T15J. Approve the Tentative Map of Tract No. 12209 (Revised) with the Findings and subject to the Conditions as recommended by the Planning Commission. ® 2. Mayor Maurer opened the public hearing UP 3122 and City Council review of an appeal by attorneys for ROLAND VALLELY and and the VALLELY FAMILY, Newport Beach, from the decision of the Planning Commission on May 8, 1986, approving USE PERMIT NO. 3122 (AMENDED) and WAIVER OF PARCEL MAP REQUIREMENT. Use Permit No. 3122 (Amended) requests amendment of a previously--approved use permit which permitted the construction of a commercial building and related parking structure known as EDGEWATER PLACE, on property located at 309 Palm Street, on the northerly side of East Bay Avenue between Palm Street and Adams Street, in Central Balboa, zoned C -1. The proposed amendment includes a request to delete Condition No. 2 which requires the fulfillment: of all applicable conditions of Resubdivision No. 797. The Waiver of Parcel Map Requirement is a request to waive the requirement for a parcel map to create a single parcel of land where twelve lots, a portion of one lot, a vacated portion of Edgewater Place, and a portion of a :vacated alley, now exist. Report from the Planning Department was presented. Appeal application by Gisele Goetz, O'Mel.veny and Myers, Attorneys for Roland Vallely and the Vallely Family was presented. The City Clerk advised that after the printing of: the agenda, a letter was received from the Attorney representing the Vallely Family, requesting this item be continued to June 23, 1986 in order that he may be in attendance to present the appeal,. Motion x Motion was made to continue this public All Ayes I hearing to June 23, 1986 as requested. j 3. Mayor Maurer opened the public hearing CATV /Bayou regarding 13AYV1EW CATV FRANCHISE. (42) Report from Executive Assistant was presented. The Mayor asked if anyone wished to address the Council to which there was no response. Volume 40 - Page 202 CITY OF NEWPORT BEACH COUNCIL MEMBERS C d o 2i S ti q Of ':pop ROLL CAL Gds y�9 June 9, 1986 MINUTES INDEX Motion x Motion was made to close hearing, and All Ayes introduce and pass to second reading on June 23, 1986: • (a) ORDINANCE NO. 86 -16, being, Ord 86 -16 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING ORDINANCE NO. 1891 TO EXTEND THE AREA OF A NON- EXCLUSIVE FRANCHISE WITH COMMUNITY CABLEVISION COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY; AND (b) ORDINANCE NO. 86 -17, being, rd 86 -17 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING ORDINANCE NO. 1197 TO EXTEND THE AREA OF A NON- EXCLUSIVE FRANCHISE WITH GROUP W CABLE TV COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY. 4. Mayor Maurer opened the public hearing Budget/1986 regarding PRELIMINARY BUDGET FOR FISCAL 1987 YEAR 1986 -87, pursuant to Section 1102 of the Newport Beach City Charter; and Revenue Shrg (40) proposed EXPENDITURES FROM THE FEDERAL - REVENUE SHARING FUNDS FOR FISCAL YEAR 1986 -87. Checklist of Budget Items added during study sessions was presented. The City Clerk reported that after the printing of the agenda a letter was received from Mr. and Mrs. Charles Bauman, supporting funding for the Newport Harbor Art Museum. In addition, a letter was received from Bruce Harrington of Falcon Development Company, supporting funding of South Coast Repertory. Carl Neisser, 2416 22nd Street, addressed the Council in support of the Newport Harbor Art Museum's request for funding. He stated that he was very interested in all phases of the Arts, active with the Art Museum, and a Member of the Board of Trustees. He stated he • also enjoys the theatre and supports the request of South Coast Repertory. Volume 40 - Page 203 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL \kp\��p ROLL .June 9, 1986 MINUTES INDFX Mr. Neisser introduced the following Budget/ persons who also spoke in favor of the Rev Shrg Art Museum's request: Joan Holmes, 5 Curl Drive, Corona del Mar, Samuel Goldstein, 2721 Victoria Drive, Laguna Beach, Judy Slutzky, 424 Via Lido Nord, Susan Ullman, 301 Milford Drive. Robert Shelton, representing the Board of Directors of the South Coast Repertory, addressed the Council in support of their request for funding. He stated that 30 of their trustees are from Newport Beach and that there are 4000 subscribers from Newport Beach. The number of students who directly benefit from their educational programs is estimated at 3000, and there are approximately 300 youths who participate in their theatre training program each year. He stated that their request is one fourth of one - percent of their budget, and they do not feel it is an unreasonable contribution from the City. There being no others wishing to address the Council at this time, the following items were straw -voted from the 1986 -87 • Budget Check List: A. City Council All Ayes 1. $6,800 was approved for Travel and Meetings. B. Non - Departmental All Ayes 1. $1,000 was approved for the Pacific Chorale. All Ayes 2. $10,000 was approved for South Coast Repertory. :En discussing the request of South Coast Repertory, Council ]Member Hart stated that she was opposed to using taxpayers monies to fund organizations outside the City. She also commented that she did not feel these types of groups should rely on public entities for funding a portion of their operating budget. Ayes 3. $30,000 was approved for Newport Harbor Art Museum. Volume 40 - Page 204 CITY OF NEWPORT BEACH COUNCIL MEMBERS ^F June 9, 1986 o � ROLL All Ayes All Ayes 0 Ayes All Ayes All Ayes All Ayes All Ayes Ayes Noes .0, Ayes All Ayes All Ayes All Ayes All Ayes MINUTES . INDEX Budget/ Rev Shrg 4. $1,000 was approved for Orange County Arts Alliance. 5. $2,000 was approved for Imagination Celebration. 6. $3,000 was approved for Salute to the Arts. 7. $550 was approved for The Nutcracker. 8. $4,400 was approved for the Arts Festival. 9. $1,000 was approved for the Baroque Festival. C. Police - Administrative 1. $17,000 was approved for California Identification System. D. General Services - Equipment Maintenance X x x 1. The request for Auto Body X x x x Worker was disapproved. E. Capital Improvements 1. $300,000 was approved for Cliff Drive Park Improvements (Building Excise Tax Fund) Council Member Hart stated that the above funding will complete the entire park, particularly slope failure and deterioration of the bluff. F. $10,000 was approved for an Economic Study of Youth Restaurant /Teen Center. G. $10,000 was approved for Study of Mariners Mile Specific Area Plan Facilities. H. $2,000 was approved for the City's share of Consultant for Outer Continental Shelf Oil Drilling issue. I. $25,000 was approved for Upgrading West Newport Park (Fencing and Playground Equipment) Volume 40 - Page 205 . INDEX Budget/ Rev Shrg CITY OF NEWPORT BEACH COUNCIL MEMBERS s \'PkP(9 F June 9, 1986 9�0 ROLL MINUTES INnF if Hearing no others wishing to address the City Council, the public hearing was closed. on x Motion was made to direct staff to Ayes prepare a resolution formally adopting the 1986 -87 Budget for consideration on June 23, 1986. E. PUBLIC COMMENTS: Council Member Agee announced for the benefit of those in attendance, and those persons viewing the City Council proceedings on television, that he will not be seeking re- election in November. He described the boundaries within his District for those who might be interested. F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on June 23, 1986: (a) Proposed ORDINANCE NO. 86 -18, Ord 86 -18' • being, Newsracks (27) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.70 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO NEWSRACKS. (Report from the Assistant City Attorney) (b) Proposed ORDINANCE NO. 86 -19, Ord 86 -19 being, Massage (27) AN ORDINANCE OF THE CITY .COUNCIL OF THE CITY OF NEWPORT 13EACH AMENDING CHAPTER 5.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MASSAGE ESTABLISHMENTS. (Report from the Assistant City Attorney) (c) Proposed ORDINANCE NO. 86 -20, Ord 86 -20 being, Phasing of Develop/ AN ORDINANCE OF THE CITY Traffic _ COUNCIL OF THE CITY OF NEWPORT Impry . 13EACH AMENDING CHAPTER 15.40 (26) OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PHASING OF DEVELOPMENT.WITH TRAFFIC IMPROVEMENTS. (Report from City Attorney) Volume'40 - Page 206 CITY OF NEWPORT BEACH COUNCIL MEMBERS s \LPO\�Np F June 9, 1986 '� ROLL MINUTES t:DIZ0 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 86 -45 increasing the Res 86 -45 fund known as a flash roll from Flash Roll $25,000 to $75,000. (Report from (70) • the Police Chief) (b) Resolution No. 86 -46 amending Res 86 -46 Resolution No. 9782 pertaining to Bus Lic Fee business license fees pursuant to (27) Title 5 of the Newport Beach Municipal Code. (Report from the License Supervisor) (c) Resolution No. 86 -47 expressing Res 86 -47 support for the proposed expansion Library of the Newport Harbor Art Museum (50) and conditionally supporting the relocation of the Newport Center Branch Library to accommodate the expansion. 3. CONTRACTS /AGREEMENTS: None. 4. COMMUNICATIONS - For referral as indicated: • (a) To Police Department for response, letter from Alvin J. and Marilyn R. PD (70) Wicklund, concerning increased foot /bicycle /roller skating traffic violations on beachfront sidewalks at the Newport and Balboa Piers. (b) To Business Licensing for response,, Bus Lic letter from Richard F. Leeds, (27) protesting license penalty. (c) Removed from the Consent Calendar. I (d) To Marine Department /City Attorney Marine for inclusion in the records, (51) letter. from Kim Abeyta, regarding mooring transfers. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter from Randolph J. Kroenert to Roger Vandergrift, Treasurer, Newport 2000. (b) Orange County Local Agency Formation Commission Preliminary 10 Agenda of June 4, 1986. Volume 40 - Page 207 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL Gtr '15 June 9, 1986 MINUTES INDEX (c) Notice of Public Hearings on Proposed Rate Changes and Amendment to Application of The California Public Utilities Commission. • 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Edna M. Cooper of 3238 Broad ooper Street, alleging damage to clothing as a result of rusty water in sewer line on April 29, 1986. (b) Christopher J. Foster alleging Poster Mikasa volleyball destroyed by City Tree Maintenance Truck at 3rd and Orchid Avenues on May 27, 1986. (c) Mark Mocciaro seeking value of Mocciaro bicycle found in alley at 400 block east Oceanfront on January 19, 1986, which was subsequently sold at Police auction. (d) Douglas E. Montandon alleging ontandon damage to home by subcontractor doing work for City in alley while removing old asphalt at alley between 9th and 10th Streets on May • 1 through May 15, 1986. (e) Lois M. Prentice alleging loss of Prentice antiques due to vibration from equipment being used in alley by contractor doing work for City, at alley between Coral and Apolena Streets (South Bay) on April 28, 1986 and May 16, 1986. (f) Marcia Ellen Weatherholt for Weatherholt damages, alleging assault, battery, false. imprisonment, and defamation, etc., at Newport Beach City Jail on February 15, 1986. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Vera Marie Gamble for damages, Gamble Orange County Superior Court, Case No. 488249. Claim was denied by City Council on July 8, 1985. • (b) June Miller for personal injuries, Killer Orange County Superior Court, Case No. 487509. Claim was denied by City Council on October 28, 1985. Volume 40 - Page 208 CITY OF NEWPORT BEACH COUNCIL MEMBERS O s o 3 ti ti q O* June 9, 1986 MINUTES INDEX (c) Judy (Julia) O'Shaughnessy for O'Shaughnesy personal injuries, Orange County Superior Court, Case No. 43- 33 -13. Claim was denied by City Council on January 9, 1984. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) One Police Clerk, Administrative Division, Police Department. (b) One Police Officer, Patrol Division, Police Department. (c) One Animal Control Officer, Patrol Division, Police Department. (d) One Laborer, Field Maintenance Division, General Services. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the Planning Department UP 2045 regarding complaint of ROBERT DUFF, (Amended) dated May 14, 1986, who is (88) concerned with the request of the BUBBLES BALBOA CLUB to amend USE PERMIT NO. 2045 (AMENDED). • Property is located at 109 -111 Palm Street, on the southwesterly corner of Palm Street and East Balboa Boulevard (restaurant site); and Lot 7, Block 7, Balboa Tract (off-.site parking lot), in Central Balboa; zoned C -1. (b) Report from the City Attorney -2331 requesting approval of invoice for (38) legal services regarding John Wayne Airport for period May 1 - June 30, 1986, from O'Donnell and Gordon (C- 2331). 10. Removed from the Consent Calendar. 11. Removed from the Consent Calendar. 12. RESUBDIVISION NO. 825 - Accept the offer esub 825 of dedication of a 15 -foot radius corner (84) cutoff at the corner of Goldenrod Avenue and Fifth Avenue; accept the offer of dedication of 10 feet of additional right of way along the Fifth Avenue • frontage for a total width of 60 feet; the of dedication of 30 and accept offer feet of right of way along the Goldenrod Avenue frontage for a total width of 60 Volume 40 - Page 209 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL June 9, 1986 MINUTES I1�LTO7 feet (portion of Block 93, Irvine's Subdivision, located at 6000 MacArthur Boulevard, on the northeasterly corner of MacArthur Boulevard and East Coast Highway at Fifth Avenue in Corona del • Mar); and approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 825; and authorize the Mayor and the City Clerk to execute said agreement. (Report from Public Works Department) 13. RELOCATION ASSISTANCE AND MOVING Relocation EXPENSES (BALBOA BOULEVARD WIDENING Assist/ PROJECT) - Authorize payment of $15,450 Moving Expn for relocation assistance and moving (74) expenses to Terry A. and Aida 0. McKelvey. (Report from Public Works Department) 14. Removed from the Consent Calendar. 15. Removed from the Consent Calendar. 16. SPECIAL EVENTS PERMITS - Uphold staff's Permits/ recommendation; subject to conditions Spcl Evnts listed in the reports (attached) from (65) Business License Supervisor for the following: • Recommending approval: (a) Application 1185 -379 - Events 1185 -379 Inc. Car Show for use of amplified sound at the Newporter Resort on June 29, 1986. (b) Removed from the Consent Calendar. (c) Application 1186 -144 - Newport 186 -144 Ski Company for sailboard racing on Monday evenings in Lido Isle turning basin (exemption from 11.12.170 MC) (d) Application 1186 -148 - Kelloggs 186 -148 Frosted Flakes commercial for filming on public beach on .June 10 and 11, 1986. 17. BUDGET AMENDMENTS - For approval: (25) . BA -089, $2,000.00 - Transfer in Budget Appropriations to provide for solid core doors, hinges, hasps, padlocks, framing, and sign blanks for beach restrooms; General Services -Field Maintenance Fund. Volume 40 - Page 210 CITY OF NEWPORT BEACH COUNCIL MEMBERS C d -0 3 S i v o� ,V6& ��� 9�9 v F-V pnI I [`91 `I' ��'p �� Z�'P June 9, 1986 MINUTES INDEX G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Planning Department, Tract 11949 recommending approval of Final Map of Tract No. 11949, a request of THE BREN • COMPANY, Newport Beach, subdividing 16.085 acres of land into five numbered lots for residential condominium purposes, five lettered lots for private open space purposes, two lettered lots for public recreational purposes and one lettered lot for private recreational purposes. Property located at 3400 Fifth Avenue, on the northeasterly side of Fifth Avenue between Marguerite Avenue and the Newport Beach City Limits, in Corona del Mar; zoned P -C, was presented. Council Member Hart stated that when this Senior Housing Project was considered by the Council at a public hearing, it was mentioned at that time that the subject units would sell between $170,000 and $200,000. However, since that time she has been informed by Friends of Oasis that the homes are $30,000 to $50,000 higher per unit. Council Member Hart referred to a letter the Friends of Oasis had received from The Bren Company outlining the reasons • for the price increase, and inquired of staff if there were anything in the Conditions of Approval which fixed the sales price of these units, to which the Planning Director replied in the negative. In view of the foregoing, motion was Motion x made to approve the recommended action as set forth in the subject report. Dick Nichols, 519 Iris Avenue, addressed the Council and stated that when this item was considered by the Council, a petition with over 250 signatures opposing the project was submitted. He stated that this project consists of four -plex units, and in his opinion, is a "bad" development for the City. The motion on the floor was voted on and Ayes x x x x x x carried. Noes x 2. Report from the Planning Department, recommending public hearing scheduling for June 23, 1986 for: Volume 40 - Page 211 CITY OF NEWPORT BEACH COUNCIL MEMBERS S ti �9 � s F p 9 cF c" June 9, 1986 C0 L ROLL MINUTES 41 JIS1 y7 (a) GENERAL PLAN AMENDMENT 85 -1(B) - GPA 85 -1(B) Request initiated by the CITY OF (45) NEWPORT BEACH, to amend the Land Use, Circulation, and Recreation and Open Space Elements of the • Newport Beach General Plan, so as to allow construction of an additional 1,275,000 sq.ft. of office uses, 248,000 sq.ft. of retail and restaurant uses, and 700 residential units on property located in Newport Center and various peripheral sites. Also proposed is a revision to the Circulation System Master Plan to delete the Avocado - MacArthur one - way- couplet and establish MacArthur Boulevard as a two -way major arterial roadway; and the acceptance of an environmental document; AND AMENDMENT NO. 9 TO THE CITY OF NEWPORT BEACH LOCAL COASTAL PROGRAM, LAND USE PLAN - Request to amend the Certified Local Coastal Program, Land Use Plan, for the • Newporter North, Bayview Landing, and Pacific Coast Highway /Jamboree Road sites, was presented. Motion x In response to Council Member Strauss, All Ayes who was absent at the May 27 City Council meeting, the staff clarified the Council's action with regard to GPA 86 -2(A) which will be heard on July 14, 1986, and in view of the foregoing, motion was made to approve the recommended action and schedule public hearing on GPA 85 -1(B) for June 23, 1986. 3. Letter from Richard A. Nichols, CPA 85 -1(B) regarding Newport Beach GPA 85 -1(B) Environmental Impact Reports was (45) presented. Dick Nichols, 519 Iris Avenue, addressed the Council and discussed his concerns as set forth in his letter regarding noise and air pollution, recreation and open space, and traffic and circulation. ion x Following the above comments, motion was Ayes made to refer the subject letter to the Planning Department for response. Volume 40 - Page 212 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL99 �G� 9G,A 99� 9j, c�F June 9, 1986 MINUTES nuncv 4. Report from Public Works Department Tract 11949 regarding Tract No. 11949 /Bond Substitution for Traffic Signal Construction at the Intersection of Marguerite Avenue and Fifth Avenue • as required by Resubdivision No. 798, was presented. Dick Nichols, 519 Iris Avenue, addressed the City Council and stated that this item was never brought to the attention of the Corona del Mar Community Association for their input and comments. He stated that they do not want a traffic signal at Fifth and Marguerite Avenues as they do not feel it will help traffic circulation, and could be very dangerous. He also briefly discussed the proposed widening of Pacific Coast Highway to six lanes at Marguerite Avenue, which he indicated is being considered by CAL TRANS. The Public Works Director stated that the item before the City Council is simply a bond substitution from one corporation to another, guaranteeing completion of a traffic signal which was conditionally required in conjunction • with the subject project, and is a safety measure to make sure that funds are set aside for some type of traffic improvements at this location when deemed appropriate. Motion x Motion was made to approve the All Ayes subdivision agreement with the Bren Company guaranteeing completion of traffic signal improvements required with Resubdivision No. 798; and authorize the Mayor and the City Clerk to execute said agreement; and direct the City Clerk to release the faithful performance bond and the labor and materials bond (Bond No. 52409139). 5. At the request of James Skaug, motion was made to reconsider Consent Calendar Item No. F -15 at this time. Report from Public Works Department, Encroach recommending denial of an application to Permit replace Ocean Front public sidewalk at (65) 2306 West Ocean Front with Bouquet Canyon stone; approve an application for an encroachment permit to permit . existing and minor additional encroachments into public rights -of -way at 2306 West Ocean Front, subject to the Volume 40 - Page 213 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL June 9, 1986 MINUTES f►rf9WI execution of an agreement for Encroach non - standard improvements, and Permit incorporating conditions established by (65) the Planning Commission on May 22, 1986, was presented. • James Skaug, applicant, addressed the Council on behalf of the Portofino Hotel, protesting denial by the staff of his application to replace public sidewalk with Bouquet Canyon stone, and to construct additional minor encroachments in the public right of way adjacent to 2306 West Ocean Front. He stated that Bouquet Canyon stone is a slate -type of material which he feels will enhance the area and the project in general to a great degree. Their intent is to install the stone in a mud -set system which allows them to adjust the height of the setting bed to develop a very uniform flush - grouted surface. With regard to longevity, they feel the stone will have the same sort of resistance to abrasion as the paving used in front of the Doryman Inn. He submitted pictures of how the Portofino Hotel will look with its new "fact- lift" and urged the Council to favorably consider their request. • In response to Council inquiry, the Public Works Director stated that the staff is very reluctant to recommend to the Council that alternate sidewalk treatments be used, because of problems with installation, and problems over a long period of time. The staff is very supportive of the efforts of this property owner to upgrade the McFadden Square area, but none the less, the use of other materials other than standard concrete for public sidewalks, in general, is a problem. Discussion ensued wherein the staff pointed out that the implementation plan study for the Cannery Village /McFadden Square Specific Area Plan, includes a street -scape item, and that the issue of distinctive sidewalk treatments could perhaps be addressed in that plan. Motion x Following consideration, motion was made All Ayes to uphold staff's recommendation and deny the application to replace Ocean Front public sidewalk at 2306 West Ocean • Front with Bouquet Canyon stone; and approve an encroachment permit as set forth in the staff report. Volume 40 - Page 214 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL\PP cROLL G�J y�9 June 9, 1986 MINUTES iunry Motion x 6. At the request of Council Member Permits/ Strauss, motion was made to reconsider Spel Evnts Consent Calendar Item F -16(b) at this (65) time. • Report from the Business License #86 -100 Supervisor, recommending approval of Application #86 -100 - Concannon's Horseless Stable for closure of Via Oporto for car show was presented. Council Member Strauss noted that the proposed event will be on Sunday, June 22 from 9:00 a.m. to 5:30 p.m. with the request that Via Oporto in Lido Village be closed during that time. He indicated he had some concerns over closing the street, inasmuch as the event is not for a public purpose, and therefore he did not feel it was a supportable request. Motion x Following discussion, motion was made to Ayes x deny the subject request, which motion Noes x x x x x x FAILED. Motion x In view of the foregoing, motion was All Ayes made to approve the application, subject to the conditions listed in the staff report. H. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Proposed ORDINANCE NO. 86 -5, being, Ord 86 -5 TOTx/ AN ORDINANCE OF THE CITY OF NEWPORT Finance BEACH AMENDING CHAPTER 3.16 OF THE (40) NEWPORT BEACH MUNICIPAL CODE PERTAINING TO UNIFORM TRANSIENT OCCUPANCY TAX, presented for second reading with reports from City Manager dated May 12, and Assistant City Attorney dated March 17, 1986, Newport Beach Convention & Visitors Bureau of April 3, and City Arts Commission of March 24, 1986. Executive Summary of Newport Beach Strategic Marketing Plan prepared by the Newport Beach Convention & Visitors • Bureau, dated June 2, 1986. Volume 40 - Page 215 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL <*ROLL Gsp �F9 �� yip June 9, 1986 MINUTES 1unpx The City Manager advised that it was the Convention & Visitors Bureau intention to have the City Council approve an agreement concurrently with second reading of the proposed ordinance, • however, the agreement has not been prepared, and therefore the Council may wish to take this item off the agenda until such agreement is completed. Motion x Following discussion, motion was made to All Ayes remove this item from the agenda. 2. Report from Public Works regarding BAYSIDE DRIVE- JASMINE AVENUE PARKING LOT Bayside Dr- AND METERS (C- 2485). Jasmine Ave kg Lot/ Petitions and correspondence from May eters -2485 12, 1986 Agenda regarding Parking Lot (38) Conversion - Bayside Drive between Jasmine and the alley between Jasmine and Larkspur in Corona del Mar. Letter from Diana and Robert Long in support of retaining the park, and copy of letter from Dee Masters, in support of additional parking for Corona del Mar area. • The City Clerk reported that after the agenda was printed, additional letters and petitions protesting the conversion of the subject park into a parking lot were received. In addition, just prior to the Council meeting, a letter was received from Newport Heights Community Association, also in favor of having the area remain the same. It was noted that the staff had prepared two alternative conceptual plans since this item was before the Council on May 12, 1986, plus cross sections. The first alternative includes (1) constructing a 24 -stall parking lot on the paseo parcel, (2) constructing a 7 -foot wide landscape planter along Bayside Drive and Marguerite Avenue to Pacific Coast Highway, (3) revising the parking layout in the existing lots to align with the new lot and to accommodate the landscape planter, (4) repaving the existing lots, (5) installing parking meters and low - intensity, high - pressure sodium lighting at each half block along the . Bayside Drive planters, and (6) Volume 40 - Page 216 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL -0% ROLL June 9, 1986 MINUTES Vk 11Wq providing irrigation system provisions Bayside Dr- and modifications such that Parks Jasmine Ave Department forces can readily install Pkg Lot/ landscape materials upon the completion Meters • of construction. C -2485 (38) The effect of first alternative is to increase the net number of off - street parking stalls by 21, while at the same time increasing the net landscaping area of the parcel and the existing lots by approximately 250 square feet. Alternative 2 includes (1) constructing an 18 -stall parking lot on the paseo parcel such that no more than three trees will have to be removed from the parcel; (2) constructing a retaining wall along the northerly side of the parcel to permit the parking lot to be shifted away from Bayside such that the maximum number of trees may be retained, (3) constructing a 1211- foot -wide landscape planter along Bayside Drive to Larkspur Avenue, and a 7 -foot -wide planter from Larkspur Avenue to Pacific Coast Highway, (4) revising the parking layout in the existing lots to accommodate the new planters, (5) repaving the existing lots, (6) installing parking meters and . low- intensity, high - pressure sodium lighting at each half block along the Bayside Drive planters, and (7) proving irrigation system provisions and modifications such that Parks Department forces can readily install landscape materials upon the completion of construction. The effect of the second alternative is to increase the net number of off - street parking stalls by 15, while at the same time saving some of the existing paseo trees and increasing the net landscaped area of the parcel and the existing lots by approximately 1,150 square feet. The estimated cost of the additional lot is $30,500 for Alternative 1, and $41,500 for Alternative 2. Refurbishing and improving. the existing parking areas is estimated to cost $49,000. The Public Works Director explained the two alternative plans which were on • display. Volume 40 - Page 217 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL June 9, 1986 MINUTES ifTni The following persons appeared before Bayside Dr- the Council. in favor of the proposed Jasmine Ave parking lot:: Pkg Lot/ Meters Dee Masters, 140 Fernleaf -2485 • Jean Kiger, 311 Heliotrope (38) Luvena Hayton, 235 Poppy Avenue The following persons addressed the Council in opposition to the proposed parking lot: Ron Covington, 707 Orchid Avenue Nancy Gardner, 323 Jasmine Avenue Phil Sansone, 215 Marguerite Avenue Shirley Conger, 3033 Bayside Drive Nancy Phelps, 619 Narcissus Avenue J.P. Ingram, 319 Jasmine Avenue Motion x Following discussion, motion was made to approve Alternative No. 2, (Exhibit B) without the installation of parking meters at this time, and to direct staff to complete plans and specifications for the proposed parking lot improvements. Council Member Cox indicated he would support the motion because of the need for parking in Corona del Mar. on x Council Member Strauss stated he could not support either of the Alternative plans, inasmuch as the site has been used as a park by residents in the area, and there has not been a definite need shown that parking is needed in the subject area. He stated he did not feel he could justify a parking lot at this location, and therefore made a substitute motion to leave the site unchanged. Council Member Hart stated that when she served on the Parks, Beaches and Recreation Commission, the Commission recognized the subject area as a park and landscaped it as such. However, if the site is going to remain.a green -belt area, then she felt it should be rezoned to reflect that designation. She also felt that the residents who live in the area want to hear from the City Council that the residential area on Jasmine Avenue will remain as residential. on x Council Member Hart also stated that one of the keys to success in a small business is sufficient parking, and therefore made a second substitute motion to close off the curb cut on Jasmine Avenue, and include trees at the Volume 40 - Page 218 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL `n ROL L 9GiP �i�FA 9Fp y�9 June 9, 1986 Ayes Nf# Ayes Noes All Ayes Green Red • Green Green Red • Green MINUTES e d Bd ty Arts Cmsn southwest corner, thereby decreasing ti parking spaces to approximately fifteer x x x Following discussion of the second X x x x substitute motion, the motion was vote on and FAILED. x x The first substitute motion, as made by x x x x x Council Member Strauss, was voted on at FAILED. The motion on the floor, as made by Council Member Agee, was voted on and carried. 3. APPOINTMENTS TO BOARDS AND COMMISSIONS: After determining the method of voting, the following appointments were confirmed: BOARD OF LIBRARY TRUSTEES x x x x x x Jean Kiger was assigned the green light and x Phyllis Drayton was assigned the red light. Jean Kiger was re- appointed to a 4 -year term ending June 30, 1990. CITY ARTS COMMISSION x x x x x x x Carl Neisser was assigned the green light. It was pointed out that there was not a second nominee for this position inasmuch as Carl Neisser had just been appointed on April 28, 1986. Carl Neisser was re- appointed to a 4 -year term ending June 30, 1990. CIVIL SERVICE BOARD (Council appointee) x x x Paula Godfrey was assigned the green light; and X x x x Albert Graham was assigned the red light. Albert Graham was appointed for a 4 -year term ending June 30, 1990. PARKS, BEACHES AND RECREATION COMMISSION X x x x x x x John Konwiser was assigned the green light; and Volume 40 - Page 219 MINUTES e d Bd ty Arts Cmsn CITY OF NEWPORT BEACH COUNCIL MEMBERS c s o \%p S S v of 99 �GROLL CAL 0' y�9 June 9, 1986 MINUTES 11,`703* 4 Red Raymond Melissa was assigned the red light. John Konwiser was re- appointed for a 4 -year term ending June 30, 1990. *en x x Taylor Grant was assigned the green light; and Red x x x x x Virginia He.rberts was assigned the red light. Virginia Herberts was appointed for a 4 -year term ending June 30, 1990. PLANNING COMMISSION Planning Cmsn Green x x x x Harr Merrill was assigned the green Y 8 g light; and White x James Warren was assigned the white light; and Red x x Gary Pomeroy was assigned the red light. Harry Merrill was appointed for a 4 -year term ending June 30, 1990. 4. BICYCLE TRAILS CITIZENS ADVISORY T /CAC COMMITTEE: On A Ayes x Motion was made to confirm (District 4) Council Member Heather's appointment of Bob Caminiti to fill the unexpired term of Thomas M. Fish, ending December 31, 1986. J. CURRENT BUSINESS: 1. SAN JOAQUIN HILLS ROAD IMPROVEMENTS AND JH Rd MEDIAN LANDSCAPING - MARGUERITE AVENUE TO Impry & SPYGLASS HILL ROAD (C- 2516), edian ndscpng Report from Public Works Department, was -2516 presented. (38) The Public Works Director summarized his report noting that the 1985 -86 budget provides funds for the landscaping of the San Joaquin Hills Road median area between Marguerite Avenue and Spyglass Hill Road. Funds are also provided for the completion of the roadway improvements between the existing curb on the northerly side and the median • area. The project was budgeted in response to requests from the adjoining associations to improve the appearance of the area which has been set aside for Volume 40 - Page 220 CITY OF NEWPORT BEACH COUNCIL MEMBERS C'0 d� \kP'J''% ROLL CAL 9 F9 y�9 June 9, 1986 MINUTES lEmai3TJ the future construction of San Joaquin SJH Rd Hills Road. Impry & Median The roadway improvements to be Lndscpng constructed with this proposed project C -2516 • will include constructing the northerly (38) one -half of San Joaquin Hills Road at the same width as the existing southerly one -half (42 feet). The median will be 16 feet wide and landscaped the same as the section between Marguerite Avenue and San Miguel Drive. At the time the project was being explained to representatives of the Spyglass Hill and Spyglass Ridge Community Associations, the staff provided the Associations with copies of the GPA 85 -1(B) memos to the Planning Commission, which, among other things, discussed recommended changes to the Circulation Element. One such change that was recommended was the reclassification of San Joaquin Hills Road easterly of Spyglass Hill Road from a major arterial (6 lanes divided) to a primary arterial (4 lanes divided). The Spyglass Hill Association letter was written under the assumption that this change would be made and that San • Joaquin Hills Road easterly of Spyglass Hill Road would not be built until the last phase of the Newport Center development. The Associations are anxious to get the proposed improvements under way, but are also quite concerned that the construction might lead to the future construction of San Joaquin Hills Road easterly of Spyglass Hill Road at major arterial standards (6 lanes divided). The design plans for San Joaquin Hills Road between Marguerite Avenue and Spyglass Hill Road provide for the roadway to be striped to accommodate four lanes of traffic; however, the curb -to -curb width of roadway is the same as that westerly of Marguerite Avenue and will accommodate six lanes. To handle Item 1 in the Spyglass Hill Association letter it is suggested that the City Council require that a public hearing be held prior to any restriping of San Joaquin Hills Road between . Marguerite Avenue and Spyglass Hill Road that would allow for six lanes. Volume 40 - Page 221 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL Gds June 9, 1986 MINUTES INDEX Douglas Wood, 3800 Inlet Isle, SJH Rd representing Spyglass Hills Community Impry & Association, addressed the Council and Median stated that they are in strong support Lndscpng of the proposed improvements to this C -2516 • segment of San Joaquin Hills Road. (38) However, they would suggest, as recommended by staff, that the City Council require that a public hearing be held prior to any restriping of this roadway beyond the two lanes per direction. The following persons also addressed the Council in support of the proposed road improvements (4 lanes only - two in each direction): Luvena Hayton, 235 Poppy Avenue Terry Stahl, President, Spyglass Ridge Homeowners Association Dick Nichols, 519 Iris Avenue, representing Corona del Mar Community Association Board of Directors Motion x Following consideration, motion was made All Ayes to accept the Negative Declaration of Environmental Impact; approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on July 15, 1986, with the provision that a public hearing be held prior to any restriping of San Joaquin Hills Road between Marguerite Avenue and Spyglass Hill Road that would allow for six lanes. K. ADDITIONAL :BUSINESS: Motion x 1. Motion was made to authorize a Ofshr Oil All Ayes representative of the City Council to go Drilling to Washington, D.C. on June 16 or 24, 1986, relative to Off -Shore Drilling. Meeting journea'_at 11:30 p Mayor ATTEST: ,O City Clerk Volume 40 - Page 222