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HomeMy WebLinkAbout03/09/1987 - Regular MeetingCOUNCIL • CITY OF NEWPORT BEACH MINUTES ?� REGULAR COUNCIL MEETING \9 9Z 9G PLACE: Council Chambers TIME: 7::30 P.M. DATE: March 9, 1987 Present Ox I x Ix Ix Ix Ix Ix Motion x Ayes x x x x x x Abstain x Motion x All Ayes • • Presentation of the flag and pledge of allegiance was made by Girl Scout Troop 496, under the leadership of Marti Stroman and Lorna Cordrey. Mayor Cox presented a Proclamation to Troop 496 in recognition of Girl Scout Week, March 7 through 13, 1.987. Permaplaqued Certificates of Appreciation were presented by Mayor Cox to: Patti -Gene Sampson, former Arts Commissioner, and Schuller Briggs, former Building Code Board of Appeals member. A. ROLL CALL. B. The reading of the Minutes of the Meeting of February 23, 1987, was waived, approved as written, and ordered filed. C. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Cox opened the continued public hearing regarding: PLANNING COMMISSION AMENDMENT NO. 638 - A request of the MCLACHLAN INVESTMENT COMPANY, Newport Beach, to amend the NEWPORT PLACE PLANNED COMMUNITY DEVELOPMENT STANDARDS so as to allow 278,489 sq. ft. of additional bank and office floor area in an eleven story building within Professional and Business Office Site No. 5 and to establish a restaurant, an athletic club, and ancillary commercial uses on the subject property, located at 4141 MacArthur Boulevard. The proposal also includes modifications to the Development Standards so as to allow a parking formula of one parking space for each 250 sq. ft. of office and bank floor area;; to allow 25 percent of the required parking spaces as compact spaces; and the acceptance of an Environmental Document; RUN TRAFFIC STUDY - A request of the MCLACHLAN INVESTMENT COMPANY, NEWPORT BEACH, to consider a traffic study so as to allow the construction of 278,489 sq. Volume 41 - Page 96 638 Investm/ Npt P1 /PCD (94) Traf f is Study COUNCIL MEMBERS • • in ^ S . .� , T I. MINUTES March 9, 1987 ft. of additional bank and office floor area within Professional and Business Office Site No. 5 of the Newport Place Planned Community. Reports from the Planning Department dated February 23, and March 9, 1987, were presented. Letters in opposition to proposed redevelopment of the Bank of America building, Newport Place, from Carrie Slayback, Kenneth M. Sands, Helen A. Anderson, and Marian Rayl, President, Newport Heights Community Association, were presented. The City Clerk advised that after the agenda was printed, the following persons contacted the Clerk's office by telephone to register their opposition to this project: Donald Rehm, Frances Boice, Mr. Bernard, Roger Vandergrift, Tom Houston, Brooke, Jane and William Herrington, Jackie and Herbert Pirkle, Cynthia Houston, Thomas Fredericks and Linda Stadler. The City Clerk also reported that the following letters in opposition were received after the agenda was printed: Marilyn Riddle, Shirley and Robert Knutsen, John W. Reeder, Jr., L. K. Homyer, Nancy Skinner, Jan D. Vandersloot, M.D., Dr. Elizabeth Eckhardt, Andrea Lingle, Harry Terrell, Jr., SPON, Wanda Kephart, Barbara White, W. R. Parks, Joe W. Christy, James DeLuca, Alan and Elizabeth Andrews, H. R. and Yolie Miller, and Paula Godfrey. The City Manager pointed out that on January 22, 1987, the Planning Commission held a public hearing on the proposed project. At the conclusion of the public hearing and discussion, the Planning Commission voted (all ayes) to approve the project subject to a reduction in the additional allowable floor area from that which was requested by the applicant. The addition of future development rights was reduced from the requested 278,489 sq. ft. by 169,653 sq. ft. to an additional 108,836 sq. ft., a 61% reduction. Of the 108,836 additional sq. ft. approved, 55,833 sq. ft. can be constructed for office use and 53,030 sq. ft. can be constructed only.if for ancillary commercial uses within the building; such as restaurant, health club and Volume 41 - Page 97 PCA 638 COUNCIL MEMBERS • 0 • CITY OF NEWPORT BEACH MINUTES March 9, 1987 retail uses, which are supportive of the primary office use. When combined with existing committed development rights on the site, a new building which would replace the existing Bank of America building could be a maximum of 209,700 sq. ft., of which 156,670 sq. ft. could be office. The Planning Commission also adopted a series of mitigation measures and Conditions of Approval in regards to the proposed development. The City Manager further noted that when this item was before the Council on February 23, 1987, additional information was requested regarding square footage approved, future development rights, the traffic study, and the traffic demand management program, which have been clarified in the staff report of March 9, 1987. Be referenced the chart on page 2, enumerating the floor area ratio comparison for Newport Place Office Site 5, which depicted the existing, requested, and approved building sizes for each building. Discussion ensued with regard to the traffic demand management program, wherein Patricia Temple, Environmental Coordinator, explained that in the consideration of this project, the Planning Commission went to some significant efforts to identify the ways and means by which trips produced from the project could be reduced. The overall trip generation of a project can be reduced by encouraging such types of programs as carpooling, vanpooling and use of public transit. Also, there are ways and means to reduce traffic in peak traffic through the method of flex time. The measure adopted by the Planning Commission requires the applicant to develop a comprehensive transportation demand management program which would include all of the components that are currently being used to reduce traffic on a daily and peak hour basis. In addition, the City Attorney has refined the language adopted by the Planning Commission on this issue to strengthen it and give the City more leverage in terms of continued review and mandatory participation on into the future. In response to Mayor Pro Tem Bart, reference was made to the chart on page 2 of the staff report, wherein the Environmental Coordinator explained that Volume 41 - Page 98 PCA 638 COUNCIL MEMBERS CITY OF NEWPORT BEACH March 9, 1987 MINUTES Volume 41 - Page 99 PCA 638 the Planning Commission approved a project which would increase development allocation within Newport Place Office Site 5 by 108,836 sq. ft. The original request of the applicant would have • increased from the existing allocation development allowed in that block by 279,433 sq. ft., so the 61% reduction is the reduction incurred by this decrease in square footage. In response to question of Council Member Plummer, the Environmental Coordinator stated that the overall Newport Place Planned Community has development allocations of several million square feet, and the project which is under consideration, addresses only one of the office sites. Any action the Council takes on this item does not affect any other part of the planned community. With regard to flex time, the Environmental Coordinator stated that all flex time measures would be available methods within this program, i.e., four day work weeks, staggered working hours, adjusted working hours, • etc. Jerry King, 3187 Airway, Costa Mesa, representing the applicant, addressed the Council and gave a brief history of the proposed project, noting that initially it was their desire to construct a 15 story structure, which has since been reduced to 11 stories. He stated that they started out with a project of approximately 300,000 sq. ft. with a floor area ratio of 1.58 which has now been reduced to 108,836 sq. ft., not to exceed a 1.0 floor area ratio, and with all adverse environmental impacts mitigated. He stated that this project is consistent with the City's Land Use Element and the General Plan, and meets the criteria of the City's Traffic Phasing Ordinance. They do not feel this project will be precedent - setting and is not large enough to induce a significant amount of growth on its own, as stated in the Environmental Document. He urged the Council to support this type of development and encourage their • corporate tenant to stay in Newport Beach and become a part of the traffic solution. He also stated that they do Volume 41 - Page 99 PCA 638 COUNCIL MEMBERS • • CITY OF NEWPORT BEACH MINUTES March 9, 1987 accept the findings and conditions PCA 638 imposed by the Planning Commission, including the additional language by the City Attorney referenced earlier in the meeting regarding the Traffic Demand Management Program. In response to Council inquiries, Mr. King stated that the restaurant to be housed within this structure is an amenity to serve the tenants of the building, but is available for the general public as well. The restaurant offers an opportunity to keep employees on -site during the morning and afternoon breaks and during the noon hour. With regard to the parking ratio, he stated that they requested the one parking space for every 250 sq. ft. with the idea in mind that more spaces would not be required and that, in fact, it would be adequate parking. Pertaining to the cost per sq. ft., he stated it is estimated between $30.00 and $60.00, which includes widening of the bridge. Bill Langston, 18 Oakcrest Lane, representing the applicant, displayed a sketch depicting structures 10 stories and above in the general area of the subject proposal. He stated that they have met the requirements of the Airport Land Use Commission; they feel that with the amenities proposed in the building, flex time will work very well; and that one of the reasons they want to build 11 stories is to create more open space. He stated that Bank of America is their prime tenant, and will utilize approximately 40,000 sq. ft. for a combination of banking and office space. Beverly Langston, 18 Oakcrest Lane, addressed the Council regarding the health club within the proposed structure. She referenced a survey she had taken in March, 1986, regarding participation in health clubs. She stated that workplace exercise facilities are becoming a "way of life." She also stated that approximately 51% of American adults are involved in some form of daily exercise program, and urged the Council to approve the subject request. In response to question raised by Council Member Turner regarding the Traffic Phasing Ordinance, the Environmental Coordinator stated that this project did have a traffic study Volume 41 - Page 100 COUNCIL MEME S 11\"P • CITY OF NEWPORT BEACH MINUTES March 9, 1987 prepared under the previous traffic phasing ordinance prior to the ordinance being amended, as well as after, and more mitigation measures were required under the amended traffic phasing ordinance because one of the revisions the City made required an analysis of intersections in the morning hours, as well as the afternoon hours. The standards, in terms of intersection impact within the traffic phasing ordinance, did not change so that the threshold remains the same. The following persons addressed the Council in opposition to the project: Jean Watt, 4 Harbor Island, representing SPON, referenced a letter dated March 9, 1987, and stated that the project, as approved by the Planning Commission, would still result in a project more intense than any other in the area so far, and would set a precedent for future action in the area. She also expressed her concerns with regard to the traffic that would be generated from this development. She further commented that piecemeal developer's proposals should not guide the City's general plan, or in this case, the Planned Community Development Standards. Allan Beek, 1945 Sherington Place, indicated he felt the subject proposal was "spot- zoning," to which he expressed opposition. He stated he did not think there was any point in modifying the Newport Place Planned Community Development plan for one particular site, unless some deficiency is shown in the Planned Community as a whole, and in that case, the entire Planned Community should be studied and revised. He stated it is difficult to understand how an 11 story office building will reduce traffic as indicated by the applicant. He stated that the plan for this area was developed carefully many years ago, and allows 80,000 sq. ft. of building to be constructed. The applicant has stated that their prime tenant only needs 40,000 sq. ft., so in his opinion, there is adequate square footage "for the job." He Volume 41 - Page 101 PCA 638 COUNCIL MEMBERS 'AG� `G��A Gf �9G • • E CITY OF NEWPORT BEACH MINUTES March 9, 1987 stated that the only reason for spot- zoning is to allow one particular property owner to increase his profits at the expense of the integrity of the Planned Community as a whole. He urged the Council to not approve the project. Council Member Turner indicated he did not feel this project could be interpreted as "spot- zoning," inasmuch as there are a number of similar type office buildings in the subject area. John S. Miller, P.O. Box 1475, Newport Beach, indicated he felt the traffic demand management program was somewhat premature, unenforceable, and inappropriate to include in the approval of a project. He questioned whether the City really needs an additional 50,000 sq. ft. of office space, or another health club, or restaurant. Mayor Pro Tem Hart pointed out that the traffic demand management program is not voluntary, and is enforceable and will be monitored if this project is approved. Nancy Skinner, 1724 Highland Drive, stated that a traffic demand management program would not be needed if intensity of development was not increased. She feels the City needs to "pull together" and listen to what the community is really trying to say. She indicated that the Council should respond to the message given when Measure A was defeated, and stop approving more development than what is really needed. Council Member Turner commented that everyone agrees traffic is a primary problem, and how you control it, as well. He noted that the subject property is located adjacent to the City's border and that surrounding cities contribute greatly to the traffic problems which affect this area. He stated that one of the issues he is hopeful of instigating is a traffic management program with the other surrounding cities. He stated that if this project is approved, and the traffic demand management program is put Volume 41 - Page 102 PCA 638 COUNCIL, MEMBERS An CITY OF NEWPORT BEACH March 9, 1987 MINUTES PCA 638 into effect, he would like to see surrounding cities initiate similar kinds of programs. • Suzy Ficker, 110 9th Street, distributed copies of a letter in opposition to the proposal of which she read in full. She also indicated she did not feel the traffic demand management program is realistic and does not feel the City can impose on peoples' rights in this regard. Wally Ziglar, 327 Poppy Avenue, read a letter in opposition to this project from Angela Ficker White, 1132 W. Bay Avenue. Dr. Christopher Lyon, 3814 Topside Lane, stated that any increase in traffic will also increase air pollution, and it behooves the Council to consider the long -range effects of any increase in building in this area. He stated that the electorate have shown their feelings by the defeat of Measure A. He also does not feel that carpooling is feasible as • referenced earlier. John Gardner, 1924 Holiday Road, indicated he felt the most important issue involved in the vote on this project is "the integrity of the planning process, and whether or not the City is proceeding with development piecemeal!" Dick ]Nichols, 519 Iris Avenue, representing Corona del Mar Community Association, stated that their Association is very much opposed to this project. He discussed the issue of air pollution, the Clean Air Act, and traffic. He stated that we need to get people where the work is, and that :Land use planning is the only viable way to solve the problem. Council Member Turner pointed out that in the Environmental Document it states that 63% of the people employed in this • City drive elsewhere to their place of work. Volume 41 - Page 103 PCA 638 COUNCIL MEMBERS • • CITY OF NEWPORT BEACH MINUTES March 9, 1987 Marian Rayl, 426 San Bernardino Avenue, President of Newport Heights Community Association, addressed the Council neither for nor against the proposal, but did question whether there was some other way in which road improvements could be made without being tied to new development. Mr. King, in response to previous comments, addressed the Council again, and stated that the Environmental Document clearly stipulates to the contrary the claim of precedent- setting. Regarding the traffic demand management program and the alternatives offered in such a program, he stated that while this project may have 2400 trips per day, it is combining as many as six potential projects, which would have no traffic management plan overlay on them, into one project which is an attempt to reduce peak hour traffic. He does not feel this project is "spot- zoning," and pointed out that their project was the 20th amendment to this Planned Community text. He also noted that the Cities of Irvine, Costa Mesa and Santa Ana have commissioned studies with regard to a traffic demand management program on a city -wide basis. He further stated that Measure A. which was voted on by the electorate on November 25, was reflective of a project ten times the size of the net square footage that they would realize from this project. Bill Langston addressed the Council again, and gave a brief background history of Newport Place Planned Community Development going back approximately 15 years ago. He also commented that their project would not be precedent- setting or spot- zoning. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Turner stated that this project is a difficult one to assess, and has been in the planning process for over two ,years. He stated that looking at this development, as it was originally intended, he could not have supported it; however, it has been reduced considerably in size. He stated that this project is a mixed use type of development, which he feels will automatically help spread the traffic. He felt this type of building should be in the area where it is proposed, as it Volume 41 - Page 104 PCA 638 COUNCIL MEMBERS • Motion • x CITY OF NEWPORT BEACH MINUTES March 9, 1987 tends to go along with the other structures in the vicinity. He pointed out that the applicant is required to comply with the City's traffic phasing ordinance and improve nine different intersections, as well as contribute other fees for improvements as required. Council Member Turner moved to approve the project as recommended by the Planning Commission, with the following modifications: 1) The word "should" be changed to "shall" in Condition No. 20 (page 5). 2) The word "should" be changed to "shall" in Condition No. 27 (page 6). 3) Item 2.F. (page 8) be changed from "eleven story" to "nine story." 4) The parking ratio be changed to one parking space per 225 sq. ft. (page 9, Finding No. 4), and (page 10, Condition No. 12). 5) The revised language regarding the Traffic Demand Management Program (pages 3, 4 and 5 of March 9 staff report) be included as a part of this project approval; and Adopt Resolution No. 87 -29, accepting, 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 Volume 41 - Page 105 PCA 638 87 -29 COUNCIL MEMBERS • 0 • CITY OF NEWPORT BEACH March 9, 1987 MINUTES significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all significant environmental effects that can feasibly 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 the Statement of Overriding Considerations, giving greater weight to the unavoidable environmental effects, are acceptable; Adopt Resolution No. 87 -30, adopting amendments to the Newport Place Planned Community District Regulations and Planned Community Development Plan as recommended by the Planning Commission; and Sustain the action of the Planning Commission and approve the Traffic Study and the modification to the Zoning Code for the provision of compact parking spaces. Council Member Plummer indicated her support of the motion, and expressed appreciation to those persons who testified on this issue, noting that because an expression of concern was made known at the hearing before the Planning Commission, the size of the project was reduced. She also feels the City Council has done some additional "tightening up" as shown in the foregoing motion. She stated that the City must give the private sector the opportunity to develop their sites as times and needs change. She stated she felt the request for a health club and restaurant were very reasonable. She also pointed out that the City Council has initiated a complete review of the City's General Plan, and the projects that are now on the drawing board face the same drastic reductions as was dictated to this particular project. Volume 41 - Page 106 PCA 638 Res 87 -30 COUNCIL MEMI \1�\O\ O` • • • CITY OF NEWPORT BEACH MINUTES March 9, 1987 She stated she was particularly excited about the new traffic demand management program; feels the City has a reputation of being a leader in attempting to solve the traffic problem; and that the program may be copied by surrounding cities. Council Member Strauss indicated that he would not be supporting the motion as the issue of so- called piecemeal and intensity is a concern to him. He stated that this is about the first project to come before the Council since the defeat of Measure A, and it was expressed at that time that the voters did not want more office buildings. He stated he is hopeful that the traffic demand management program succeeds; however, from his previous work experience, he feels it will be difficult. Council Member Sansone read into the record the following prepared statement: "The concerns of my constituents on this project, as expressed in letters and in telephone conversations, very closely follow the concerns that they expressed regarding the Newport Center Build -out. Namely, the increase in traffic through Corona del Mar in particular, and throughout Newport Beach generally. "Whereas the Build -out held out some hope of traffic relief for Corona del Mar, this project does not. In fact, it adds to an almost intolerable current situation. "We are told that this project will add somewhere near 2,000 daily trips to the Airport Area. If only 10% of these trips impact Corona del Mar, that means somewhere near 200 daily trips per day. Pacific Coast Highway in Corona del Mar cannot stand that increase. In fact, it cannot stand half that increase. The mitigations incorporated into the plan approved by the Planning Commission, includes widening southbound MacArthur from San Miguel to the Pacific Coast Highway intersection. That will get the cars to the intersection faster, but what happens then? Granted, some will turn onto westbound Pacific Coast Volume 41 - Page 107 PCA 638 • COUNCIL MEMBERS Gp f sppA ��f 9 0 9 �yG A ;� G � F9 da3' March 9, 1987 MINUTES Highway, but the majority will turn and be bottlenecked on Pacific Coast Highway through Corona del Mar. "My constituents are equally concerned about other developments projected for the airport area in our jurisdiction. Just last week the Planning Commission extended an amendment which will permit the Sheraton Hotel to add a 10- story, 349 room addition to their current facilities. And we are told there is no piecemealing in this area. "Lying in the wings are many other projects in our jurisdiction, i.e., Plaza de Cafe, the Sporting House, Birchers, Koll Center, Rockwell International, Campus Village, etc. "Newport residents told this Council in no uncertain terms on November 25th what it did not want, and I am sure that we would get the same message if this measure was put to a vote. The projected increases for the airport area, disregarding entirely what adjoining jurisdictions have planned, are worse than the Build -out is ever thought to be. "My constituents have told me what they want me to do and that is to vote against this plan - -to vote against the Sheraton Hotel expansion and to vote against all others. If we've learned anything from the Measure A election, and from what we've heard here tonight, we cannot in all fairness and in your obligations to the residents of this City, vote affirmatively on this plan as it now stands. "I do not want to see us face another referendum, but we are heading that way if we continue to do what we are doing tonight. I do, however, offer an alternative. I propose that prior to approval of this project, we resurrect the Airport Area Study and provide a comprehensive planning program for the area, and those areas impacted, and that the study develop main traffic route alternatives around Corona del Mar, namely Pelican Hills Road. I am cognizant that Volume 41 - Page 108 PCA 638 COUNCIL MEMBERS • E CITY OF NEWPORT BEACH MINUTES March 9, 1987 several of the developers declined to participate in the study previously suggested by the Council. If they will not reconsider, I suggest that we fund the study and recover those costs as future projects come before City Government. I further propose that the study include a plan for accruing funds to be used exclusively for providing traffic relief on MacArthur, Jamboree and Irvine Avenue, as well as for participation in providing a bypass or bypasses around Corona del Mar. The Fair Share Ordinance provides the vehicle requested to accumulate and plan the distribution of such funds." The Planning Director, in clarifying the change in parking ratio, stated there were actually two modifications to the parking requirements that were being considered under this proposal: 1) A provision that would allow'25% compact stalls; and 2) The total number of parking spaces provided which would reduce the number of parking spaces from one parking space per 225 sq. ft. to one parking space per 250 sq. ft. In order to make the findings consistent with the motion, in addition to changing the figure in Finding No. 4 (page 9), it will also be necessary to delete the language "and provision of parking at a ratio of one space per 250 sq. ft.," due to the fact that the parking will be provided at code which is one space per 225 sq. ft. Therefore, the only modification is for the compact stalls. There being no objections to the foregoing, it was so ordered. Mayor Pro 'rem Hart commented that every time a project is reviewed, traffic is a major consideration, and in this particular project possibly the City can set an example. She stated that with all the development in the southern part of the County which is impacting old Corona del Mar, traffic continues to increase. However, as new roads are built, which fill up quickly with traffic, often it seems as though we are worse off than before, so we must try and limit traffic by other methods. She stated that the strategy to encourage people to change their driving habits is desirable, and to consider Volume 41 - Page 109 PCA 638 COUNCIL MEMBERS .*G� G y4pA • Ayes Motion All Ayes • CITY OF NEWPORT BEACH x x I x MINUTES March 9, 1987 mass transit is not realistic at this time. She also felt that adding new freeways to keep commuting traffic out of our residential areas would not be achievable at the present time. She stated that one way to encourage a change in our driving habits, and a matter the City can control and implement with this project as a test case, is the traffic demand management program. She stated she was also hopeful that other cities will initiate such a program. She stated that she usually would not be supporting a project of this size, but with the reduction in square footage; with the model traffic management program; the traffic improvements which will come as a result of the project; the reduction to nine stories; the 25% reduction in traffic; and the change in parking requirements; she will support the proposal. The motion was voted on and carried. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on March 23, 1987: (a) Proposed ORDINANCE NO. 87 -5, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS IN CHAPTER 9.04 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING A SECTION PERTAINING TO FEES AND DELETING PROVISIONS IN THE UNIFORM FIRE CODE. (Report from the Fire Chief) (b) Proposed ORDINANCE NO. 87 -6, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1.12.020 OF THE NEWPORT BEACH MUNICIPAL CODE BY GRANTING FIRE DEPARTMENT EMPLOYEES THE POWER TO MAKE MISDEMEANOR ARRESTS FOR VIOLATIONS PERTAINING TO THE FIRE Volume 41 - Page 110 PCA 638 Ord 87 -5 Fire Dpt (41) (41) 87 -6 Opt COUNCIL MEMBERS r: • CITY OF NEWPORT BEACH March 9, 1987 MINUTES PREVENTION, FIRE SUPPRESSION,, AND THE HANDLING OF HAZARDOUS WASTE. (Refer to agenda item F -1(a)) 2. RESOLUTIONS FOR ADOPTION: 3. 4 (a) Removed from the Consent Calendar, (b) Resolution No. 87 -31 of the City of OC /TrspCmsn Newport Beach opposing the Res 87 -31 establishment of a freeway (54) authority, (c) Resolution No. 87 -32 of the City of Ping/Marnrs Newport Beach directing the Mile SAP Planning Commission to consider Res 87 -32 amendments to Mariners Mile (68) Specific Area Plan. (Report from the Planning Department) CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and the City 0 /C /Orchrd Clerk to execute Cooperative Dr Rsrfcg Agreement No. D87 -021 with the C -2640 County of Orange regarding Orchard (38) Drive Resurfacing. (Report from the Public Works Department) (b) Authorize the Mayor and the City Clerk to execute Amendments to the Joint Powers Agreement (C -2542) and the Operating Agreement of the Inter - County Airport Association; and instruct the City's representative to the Governing Board of the ICAA to initiate appropriate actions to accomplish same. (Report from the Executive Assistant to the City Manager) COMMUNICATIONS - For referral as indicated: (a) To Pending Legislation and Procedural Ethics Committee, request for support of AB 7 -11 which will permit a city to regulate by ordinance the public display of material defined as sexually explicit, so as to protect the morals of minors, from President of (C.L.E.A.N.) Citizens Leading Effective Action Now. Volume! 41 - Page 111 ICAA /JtPwrs Agrm /CNB C -2542 (38) (48) COUNCIL MEMBERS \9G�� q • • u CITY OF NEWPORT BEACH MINUTES March 9, 1987 61 (b) To Public Works for reply, letter from Jerry Tardie of State Farm Insurance, regarding their involvment with the sandbags /retaining seawall along Edgewater Boulevard between Fernando and Coronado and Cypress and Main Street. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Board of Supervisors Resolution No. 87 -227 declaring to be the local sponsor for U.S. Corps of Engineers' Upper Newport Bay Sedimentation Control and Restoration Project. PW (74) 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Leland H. Ulery alleging personal Ulery injuries, etc., as a result of bicycle tire being caught in pothole on bike path in south Corona del Mar on Pacific Coast Highway in December 1986. (b) William Verdult alleging false IVerdult arrest, personal injuries, emotional distress, etc., at Four Seasons Hotel on October 28, 1986. For rejection: (c) Late Claim of Barry R. Ptolemy (Ptolemy al alleging false arrest, emotion distress, etc., at the Four Seasons Hotel on October 21, 1986, 7. SUMMONS AND COMPLAINTS - For denial and �(36) confirmation of the City Clerk's referral to the claims adjuster: (a) Lee Alpern for personal injuries Alpern while walking on the boat ship dock in Lido Village area. Claim was denied by the City Council on January 13, 1986. 8. REQUEST TO FILL PERSONNEL VACANCIES: I(66) (Report from the City Manager) (a) Oae Firefighter, Fire Department. Volume 41 - Page 112 COUNCIL MEMBERS y � • • • CITY OF NEWPORT BEACH MINUTES March 9, 1987 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Memorandum from the Executive Assistant to the City Manager recommending opposition to AB 273 (limit actions in Small Claims Court against an airport for damages resulting from aircraft noise to one per year and relieve the plaintiff of the requirement of administrative notice). (b) Report from Planning Department regarding actions taken by the Planning Commission on February 19, 1987. (c) Report from the Police Chief concerning CANINE PROGRAM. 10. PUBLIC HEARING SCHEDULING - For March 23, 1987: (a) PLANNING COMMISSION AMENDMENT NO. 647 - A request of DAVE KATZEN, Costa Mesa, to amend the KOLL CENTER NEWPORT PLANNED COMMUNITY DEVELOPMENT STANDARDS to establish auto detailing as a permitted use (for tenants only) in the parking structures located within the Koll Center Newport Planned Community, bounded by MacArthur Boulevard, Campus Drive and Jamboree Road; zoned P -C. (Report from the Planning Department) (b) TENTATIVE MAP OF TRACT NO. 13013 A request of A. J. MILLER AND ASSOCIATES, INC., Irvine, to subdivide .282 acres of land into a single lot for residential condominium purposes. Property located at 1425 Superior Avenue, on the northwesterly side of Superior Avenue: between Hospital Road and Placentia Avenue, in the West Newport Triangle area; zoned R -3 (2178). (Report from the Planning Department) Legislation (48) Flog (68) PD /Animal Cntrl (70) PCA 647 (94) TMpTrl3013 11. USE PERMIT NO. 3225 - Approve a Use U/P 3225 Permit Agreement guaranteeing completion (88) of the public improvements required with Use Permit No. 3225; and authorize the Mayor and the City Clerk to execute subject agreement. (Report from Public Works Department) Volume: 41 - Page 113 COUNCIL MEMI A 1\0 • Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES March 9, 1987 12. HARBOR PERMIT APPLICATION NO. 129 -2431 - Harbor Perm Uphold staff's recommendation to approve #129 -2431 the application by Turnstone Corporation (51) to build a section of bulkhead and revise the commercial docks bayward of 2431 and 2505 West Coast Highway, subject to the conditions of approval listed in the staff report. (Report from the Marine Department) 13. BUDGET AMENDMENTS - For approval: (25) BA -078, Removed from the Consent Calendar. BA -079, $1,320 - Transfer in Budget Appropriations for special refuse collection at Harbor View and Newport Hills; General Services- Refuse Fund. (Letter from Villageway Management, (44) Inc.) BA -080, $35,000 - Increase in Budget Appropriations for shelving and records storage facility in new warehouse at Corporation Yard; General Fund. BA -081, $100,000 - Increase in Budget Appropriations for design and construction of traffic signal at the intersection of Newport Center Drive and San Miguel Drive required as a condition of approval for several developments; Contributions /Traffic Signal -Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Fire Chief regarding Fire Dpt/ proposed resolution that the City assume Hazrds Mtrl responsibility for implementation of (41) laws pertaining to hazardous materials for lease response plans, was presented. Fire Chief Reed addressed the Council and stated that he will be preparing a report for the March 23 Council meeting relative to City and County costs for this program. In addition, the Chamber of Commerce will be holding a meeting on March 12 in which they have invited members of the community who would be impacted by the disclosure ordinance. Motion was made to defer the subject resolution to March 23, 1987. Volume: 4I - Page 114 COUNCIL MEMBERS 1\0 Y • Motion All Ayes ix CITY OF NEWPORT BEACH Red en I x I x Ix Ix Ix Ix Ix 0 Green x x x x x x Red x Motion All Ayes • x MINUTES March 9, 1987 2. Memorandum from Executive Assistant to the City Manager requesting approval of Budget Amendment No. 078 for $3,290 - Transfer in Budget Appropriations for one -year subscription to Dun & Bradstreet. Business Information Services; Nondepartmental - Publications and Dues Fund, was presented. Motion was made to refer this item back to the staff for further consideration. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: APPOINTMENT TO BUILDING CODE BOARD OF APPEALS: Robert Fish, Jr, was assigned the green light; and Roland M. Foreman was assigned the red light. The City Clerk announced that Robert Fish, Jr., was appointed to fill the vacancy of C. A. Higbie. 2. APPOINTMENT TO ARTS COMMISSION: Sara Blatterman was assigned the green light; and Charles E. Gray was assigned the red light. The City Clerk announced that Sara Blatterman was appointed to fill the unexpired term of Patti -Gene Sampson ending June 30, 1989. 3. APPOINTMENT TO VACANT POSITION ON THE BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE: Motion was made to confirm (District 5) Council Member Maurer's reappointment of Robert J. Caminiti for term ending December 31, 1987. J. CURRENT BUSINESS: 1. Mayor Cox stated that he wanted the Council to be made aware of a letter he had received from the Fair Political Practices Commission in answer to his request concerning a possible conflict Volume 41 - Page 115 BA -078 (25) Bldg Cd Bd Cmsn /CAC CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES .�, March 9, 1987 of interest as a result of his filing bankruptcy. He indicated that under the current situation, the Commission does not see any conflict of interest existing, but reserves the right to continue review of the situation in the future. He stated that copies of the subject letter have been duplicated for any Council Member desiring to have the information. The City Council adjourned the meeting at 10:20 p.m., in memory of George Zebal, former member of the City's Technical 011 Advisory Committee; who passed away on February 28, 1987. The agenda for this meeting was posted on March 5, 1987, at 9:55 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: Volume: 41 - Page 116