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HomeMy WebLinkAbout03/23/1987 - Regular MeetingCOUNCIL MEMI *A \�\� Gw( Present Motion All Ayes 00 All Ayes x x x x x x x x x 0 �N;.T MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: March 23, 1987 A. ROLL CALL. B. The reading of the Minutes of the Meeting of March 9, 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 and City Council review of: USE PERMIT NO. 3229 - A request of HARRIS ARCHITECTS, Newport Beach, to permit the construction of an automobile sales and service facility on property located at 3000 West Coast Highway, in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan Area. The proposal, in addition to the acceptance of an Environmental Document, includes the following proposal and alternatives thereto: (a) Rooftop parking on the entire roof of the project and the installation of an open :Landscape trellis system which exceeds the 26 ft, basic height limit in the 26/35 Foot Height Limitation Zone; or (b) Rooftop parking with open .landscape trellis only on that portion of the roof located northwesterly of the service and repair area; or (c) Rooftop parking with open .landscape trellis only on the front portion of the structure directly over the main showroom driveway entrance, and enclosed parking on the balance of the structure :Located northwesterly of the service and repair area with a use permit to allow the (enclosed parking to exceed the 26 ft. basic height limit; or (d) Completely enclosed parking with a use permit to allow a portion of the structure to exceed the 26 ft. basic height limit; and Volume 41 - Page 117 U/P 3229 88) COUNCIL MEMBERS .\0 • 0 CITY OF NEWPORT BEACH MINUTES March 23, 1987 TRAFFIC STUDY - A request of HARRIS ARCHITECTS, Newport Beach, in conjunction with the construction of an automobile sales and service facility on property Located at 3000 West Coast Highway, in the Mariner's Mile Specific Plan Area; and RESUBDIVISION NO. 840 - A request of HARRIS ARCHITECTS, Newport Beach, to approve a 'resubdivision to create a single parcel of land where three parcels currently exist; and VARIANCE NO. 1140 - A request to permit the construction of the proposed automobile sales and service facility (indicating enclosed new car storage area) which exceeds 0.5 times the buildable area of the site. Report from the Planning Department, was presented. The City Manager pointed out that the City Council had continued this hearing from February 23, 1987, to permit the applicant additional time to investigate the feasibility of including one level of underground parking within the proposed project, and in response to that request, the applicant has indicated that the cost of construction and the potential problems associated with dewatering, make such a proposal entirely infeasible. However, the applicant did indicate that the cost of constructing a roof over all or a portion of the rooftop parking areas would be feasible. In light of such a proposal, staff's discussion with the applicant identified the four alternatives set forth in the foregoing. Lee West, applicant, addressed the Council and stated that he had met with the homeowners association in the area who favor enclosing the entire rooftop. He stated that he has no objections to completely enclosed parking; however, if Alternative (d) is approved, he would like to change the restricted hours for rooftop parking as set forth in the staff report, inasmuch as the area will now be enclosed. It was noted that in conjunction with the Planning Commission's consideration of the subject applications, Condition No. 24 was added to Use Permit No. 3229, which restricted the use of on -site Volume 41 - Page 118 Study 840 1140 COUNCIL • o� CITY OF NEWPORT BEACH MINUTES March 23, 1987 structure parking to Newport Imports only. Said Condition was imposed in response to the concern that said parking spaces would be used to facilitate: future expansion of the nighttime restaurant activities in Mariner's Mile. However, should the City Council wish to permit existing restaurants and other nighttime commercial. activities within the vicinity of the project site to use the applicant's parking for nonrequired parking, the following revised language for Condition No. 24 was suggested: 24. That the proposed parking structure shall be used by Newport Imports only except that any excess parking spaces may be shared with other commercial uses in the area for nonrequired parking only. Mr. West indicated he was in agreement with the revised language as stated. Marian Rayl, President, Newport Heights Community Association, addressed the Council and expressed appreciation to the applicant for meeting with their association; resolving the concerns they had with respect to rooftop parking; and stated that they are in support of Alternative (d). It was pointed out to Ms. Rayl that pursuant to revised Condition No. 24, Newport Imports may share excess parking spaces with other commercial uses in the area for nonrequired parking, such as a special.event.in the area. .Council Member Turner stated that it was his suggestion to revise the subject condition in order to allow the applicant to "help in any situation which might come along." He stated it is also specifically stated in the condition that the applicant cannot use the excess parking for an adjoining property owner to meet their required in -lieu parking spaces. However, should some businesses in the area find that they are running out of parking spaces because.they have not met the legal parking requirements of the City, they could lease some of those excess spaces from Newport Imports on a day -to -day, month -to- month, or long -term basis. Volume 41 - Page 119 U/P 3229/ Trf Stdy/ Resub 8407 Var 1140 . COUNCIL MEMBERS Gs►��G�gP�, Gt �9 • Motion • All Ayes • x CITY OF NEWPORT BEACH MINUTES March 23, 1987 Richard A. Demmer, 2812 Cliff Drive, addressed the Council and spoke in favor of Alternative (d). He stated he felt that enclosing the entire rooftop was in the best interest of everyone. He also stated he felt the development would be good for the area. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to modify the decision of the Planning Commission by selecting Alternative (d) of Use Permit No. 3229, with appropriate findings and conditions as set forth in the staff report designated as Exhibit "D," and approve Traffic Study and Resubdivision No. 840 as approved by the Planning Commission, and disallow Variance No. 1140 as not required. Council Member Turner suggested the maker of the motion consider deleting Condition No. 9, that requires a 12 —foot dedication of land adjacent to West Coast Highway to be used for the future widening of West Coast Highway, which he feels may or may not occur for some time. Discussion. ensued with regard to the future widening of Pacific Coast Highway, wherein the Public Works Director stated that there is no project programed at this time; however, the Master Plan does provide for future widening of 12 feet on the northerly side, and he does believe that the City's Subdivision Ordinance Map Act would require that the dedication be made unless a specific set of findings and procedures is observed to allow that requirement to be waived. He stated that this was not an exceptional. requirement. Following consideration, Mayor Pro Tem Hart stated that she would not accept the deletion of Condition No. 9, as suggested by Council Member Turner. The motion on the floor was voted on and carried. U/P 3229/ Trf Stdy Resub 840/ Var 1140 2. Mayor Cox opened the public hearing and U/P 3250 City Council review of an appeal by (88) JORGE OUBINA, ALFA ELECTRONICS, San Juan Capistrano, from the decision of the Planning Commission on January 22, 1987, unanimously denying USE PERMIT NO. 3250, Volume 41 — Page 120 Cd•Ph100W1M,1i ;_ ;: ti �G� CITY OF NEWPORT BEACH March 23, 1987 MINUTES Volume 41 - Page 121 U/P 3250 a request to approve a new use permit for an existing retail sales facility that includes an outdoor display area for installed boating and automotive • sound, communications and alarm systems on property located at 2912 West Coast Highway irk the "Retail Service Commercial" area of the Mariner's Mile Specific Plan Area (SP -5). Said operation also includes the outdoor installation of said equipment and the use of rel.ocatable storage container on the subject property. The proposal also includes a request to approve an exception permit so as to allow the installation of signs which exceed the size and number permitted by the Zoning Code. Report from the Planning Department, was presented. Appeal application from Alfa Electronics, was presented. It was noted that it was the determination of the Planning Commission that the existing facility is not in keeping with the desired character of the Mariner's Mils Specific Plan Area, inasmuch as the business has been a continuous enforcement problem during the past year. Staff had also recommended the denial of this request since the applicant has not complied with the City's warnings about illegal signs and umbrellas on the roof. Lynnette DeVos, Operation Manager of Alfa Electronics, addressed the Council and apologized for any sign violations or "wrongdoings" that may have occurred in the past, and stated that Alfa Electronics is currently in compliance with the City's Sign Ordinance. Therefore„ they would like to withdraw their request for additional signage. She distributed photographs of the signs which have been removed from their location. She stated that inasmuch as the only legal sign Alfa Electronics had was difficult to see, the previous management was desperate to install additional signs in hopes of generating sales, but in the interim violated City regui.__ ^_tions. She asked the Council to take into consideration that Alfa Electronics is "sorry" for the past and that they are now under new management. Volume 41 - Page 121 U/P 3250 COUNCIL MEMBERS ti � ,A, S • • CITY OF NEWPORT BEACH MINUTES March 23, 1987 She stated that with her operating Alfa Electronics, there will not be any more violations in the future. In conclusion, she requested the Council approve their request with the Findings and Conditions of Approval designated as Exhibit "B,11 but without newly revised Condition No. 5, as suggested by the staff. She also indicated that they would be agreeable to revised Condition No. 5 if the Use Permit were extended to a 5 -year period, rather than restricted to 24 months, due to the cost involved for such a short duration. In response to questions raised by Mayor Pro Tem Hart, Ms. DeVos indicated they would comply within 60 days to all of the conditions enumerated in the staff report, excluding revised Condition No. 5. With regard to revised Condition No. 5, they are willing to comply in order to obtain the Use Permit; however, they would like the Use Permit to be extended as mentioned in the foregoing. Discussion ensued as to whether or not 60 days was a long enough time in which to comply with revised Condition No. 5, wherein the Public Works Director commented that Condition No. 14 requires an agreement and surety to guarantee completion of the driveway. He stated that 60 days will probably not be sufficient time to complete the design, obtain an encroachment permit from CalTrans, and to do the construction. He estimated that the process could take anywhere from 90 to 120 days. Kevin Pracon, 20732 Crestview Lane, Huntington Beach, addressed the Council speaking as a character reference for Ms. DeVos. He stated that he has known Lynnette for approximately 6' years, during which time she has managed, purchased, operated, and renovated real estate property for him back east. These operations and ventures have proven quite reliable and profitable for both of them. He stated he was willing to stake his reputation, and has full confidence in her ability to operate Alfa Electronics. Hearing no others wishing to address the Council, the public hearing was closed. Volume 4I - Page 122 U/P 3250 COUNCIL MEMBERS Motion All Ayes • 0 Motion All Ayes • x x CITY `OF NEWPORT BEACH MINUTES March 23, 1987 Motion was made to accept withdrawal of exception for additional signs, and to approve Use Permit No. 3250, based on the Findings and Conditions of Approval designated as Exhibit "B," with amendment to Condition No. 5 as suggested by staff, and with the provision that applicant either comply or show substantial progress with all of said findings and conditions within 60 days. Further, that said compliance and progress be reviewed by the Planning Director. 3. Mayor Cox opened the public hearing regarding 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, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 87 -33, amending the Planned Community Development Standards for the Koll Center Newport Planned Community. In response to question raised by Mayor Pro Tem Hart, the Planning Director stated that approval of Planning Commission. Amendment No. 647 would allow other building owners to establish similar types of facilities in their parking structures in Koll Center. The motion. was voted on and carried. 4. Mayor Cox opened the public hearing regarding the TENTATIVE MAP OF TRACT N0. 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, was presented. Volume 41 - Page 123 (94) 647 87 -33 13013 COUNCIL MEMBERS y n �\ Gam$ �G ypl� �t 9 • Motion All Ayes • Motion All Ayes • x x CITY OF NEWPORT BEACH MINUTES March 23, 1987 Mr. A. J. Miller, developer, addressed I TMapTrl3Ol3 the Council and stated that he looked forward to a very favorable project, and was available for any questions. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to approve the Tentative Map of Tract No. 13013, incorporating by reference the Findings and Conditions recommended by the Planning Commission. F. PUBLIC COMMENTS: 1. Barney Larks, 1901 Beryl Lane, addressed the Council regarding a letter that residents throughout the City received concerning the threat of a referendum, recall or initiative election, which he Interpreted as a very "nasty" piece of mailing. He stated he wanted the Council to know how much he appreciated their hard work, faithfulness and loyalty to the requirements and needs of the community, for the most part. He stated that he will do everything in his power to see to it that this "unfair and biased" document is refuted. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing on April 27, 1987: (a) Proposed ORDINANCE NO. 87 -7, being, 'Ord 87 -7 AN ORDINANCE OF THE CITY OF NEWPORT (94) BEACH PREZONING UNINCORPORATED PROPERTY LOCATED SOUTHERLY OF BRISTOL STREET SOUTH AND EASTERLY OF IRVINE AVENUE, ADJACENT TO THE CITY OF NEWPORT BEACH; AND AMENDING TITLE: 20 OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING CHAPTER 20.64, THE SANTA ANA HEIGHTS SPECIFIC PLAN, SP -7; AND AMENDING DISTRICTING MAPS NO. 34, 42, 61 AND 67 BY ADDING THE SP -7 DESIGNATION THERETO IN THE EVENT OF SUBSEQUENT ANNEXATION; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT [PLANNING PCA 646 COMMISSION AMENDMENT NO. 646). S /Ana Hghts (Report from the Planning Spcfc Pln Department) Volume 41 - Page 124 COUNCIL MEMBERS y � • CITY OF NEWPORT BEACH MINUTES March 23, 1987 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 87 -34 requesting Irvine Ave. that the County of Orange include Brdg /SAna funds in their major bridge program Delhi Chnl for the widening of the Irvine Res 87 -34 Avenue Bridge over the Santa Ana (74) Delhi Channel. (Report from the Public Works Department) (b) Resolution No. 87 -35 extending the Cncl Ad Hoc term of the City Council Ad Hoc NptChnlBrdg Newport Channel Bridge Committee. Cmte (Report from the Public Works Res 87 -35 Department) (24) (c) Removed from the Consent Calendar. 3. CONTRACTS/AGREEMENTS: (a) Award Contract No. 2632 to Blair Street'86 /87 Paving, Inc., for the total price Resrfcg /Fog of $549,401; and authorize the Seal Prgrm Mayor and City Clerk to execute the C -2632 subject contract for 1986 -87 Street (38) Resurfacing and Fog Seal Program. (Report from the Public Works Department) 4, COMMUNICATIONS - For referral as indicated: (a) To Parks, Beaches and Recreation IPB&R for response, letter from Julie (62) Crosby regarding tree pruning on Poinsettia, Corona del Mar. (b) Removed from the Consent Calendar. (c) To Public Works for reply, request PW from Gerald E. Pollock, (74) representing residents within Tract 772, regarding two fences erected across Canal Street blocking public access to waterway in the subject tract. (d) To Public Works for reply, letter IPW from Jim and Marla Shontere in (74) opposition to the extension of Ford Road. (e) To Public Works for response, W letter from Mr. and Mrs. Robert P. (74) Gormly regarding the 15th Street Restroom. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. Volume 41 - Page 125 COUNCIL MEMBERS rG -off y t+o • • CITY OF NEWPORT BEACH MINUTES March 23, 1987 It 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Bahn Van LE alleging wrongful Bahn Van LE arrest, etc., on January 16, 1987. (b) Tommy Martin alleging damage to Martin vehicle as a result of being hit by City Refuse Truck at Riverside Drive and Pacific Coast Highway on February 17, 1987. (c) Carl Warren & Co. for American Warren & Cc/ Hardware Mutual /Nicole Piret American alleging damage to vehicle when hit Hardware from rear by City Refuse Truck at Mutual /Piret Riverside Drive and Pacific Coast Highway on February 17, 1987. (d) Margaret T. Willson alleging City Willson sewer backup caused damage to home, loss of rent, etc., at 239 Poppy Avenue on January 11, 1987. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) John Van Colln, Orange County Coll Superior Court, Case No. 51 -42 -87 for personal injuries. Claim was denied by the City Council on August 11, 1986. (b) Steven James Pellerin, Orange Pell County Superior Court, Case No. 497875. Claim was denied by City Council on July 28, 1986. S. REQUEST TO FILL PERSONNEL VACANCIES: None. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING: None. 11. HARBOR PERMIT APPLICATION - Uphold the recommendation in the staff report to approve the application by Pamela Rose Bait Company to install a commercial bait receiver barge in Newport Harbor, subject to conditions. (Report from Marine Department) Volume 41 - Page 126 3arbor Perm kpli /Pamela .lose Bait (51) • • CITY OF NEWPORT BEACH COUNCIL MEMBERS G� :ALL 0 March 23, 1987 MINUTES 12. PLANNING COMMISSION RESIGNATION - Accept Planning with regret the resignation letter of Commission Planning Commissioner Pat Eichenhofer; (68)* and direct the City Clerk to order permaplaqued certificate of appreciation and post vacancy notice. 13. TRACT NO. 11906 - Accept the public Tr 11906 improvements constructed in conjunction with Tract 11906; authorize the City Clerk to release the Faithful Performance Bond ( #3SM567162); and Labor and Material Bond ( #3SM567162) in six months, provided no claims have been filed. (Report from Public Works Department) 14. HARBOR STREET END IMPROVEMENT PROGRAM, Harbor StEnd FERNANDO STREET AND ALVARADO PLACE Imprvm /Fern (C -2567) - Accept the work; and St /Alvarado authorize the City Clerk to file a (C -2567) Notice of Completion and release the (38) bonds 35 days after recordation, pursuant to applicable sections of the Civil Code. (Report from Public Works Department) 15. BONITA CREEK PARK CONSTRUCTION (C -2505) Bonita St - Approve the plans and specifications; Prk Cnstr and authorize the City Clerk to C -2505 advertise for bids to be opened on April (38) 16, 1987, at 10 a.m. (Report from Public Works Department) 16. MISCELLANEOUS CONCRETE CONSTRUCTION Misc Cncrt 1986 -87 (C -2545) - Approve the plans and Cnstr'86 /87 specifications; and authorize the City C -2545 Clerk to advertise for bids to be opened (38) at 11 a.m., on April 15, 1987. (Report from Public Works Department) 17. RESUBDIVISION NO. 836 - Approve a Resub 836 subdivision agreement guaranteeing (84) completion of the public improvements required with Resubdivision No. 836 [Lots 1 thru 8, 10 thru 12, 20, B thru H, J thru 'P, "A -1 ", and "J -1" of Tract 6015, with Parcels No. 2 and 3 of Parcel Map 67 -2, 3, Resubdivision No. 466; and Parcels No. 2 and 3 of Parcel Map 75 -48, Resubdivision No. 499, located at 1001 Newport Center Drive, comprising the northwesterly portion of Fashion Island]; accept the Offer of Dedication of public utility easements as shown on the Parcel Map for Resubdivision No. 836; and accept the Offer of Dedication of vehicular access rights to Newport Center West, except at street intersections and driveways as shown on Volume 4i - Page 127 COUNCIL MEMBERS • • CITY OF NEWPORT BEACH March 23, 1987 Parcel Map for Resubdivision No.836. (Report from Public Works Department) 18. SEWER MAIN AND ALLEY REPLACEMENT PROGRAM, 1.986 -87 (C -2588) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11 a.m. on April 16, 1987. (Report from Public Works Department) MINUTES Swr Mn /Alley Rplcm'86 /87 C -2588 (38) 19. AMENDMENT NO. 599 - Accept the public PGA 599 improvements constructed in conjunction (94) with Amendment No. 599 to the Planned Community Development Standard [Lots 1 thru 22, Block 531, and Lots 1 thru 14, Block 631, Corona del Mar, comprising a portion of the block bounded by Carnation Avenue, Fourth Avenue, Dahlia Avenue, and Second Avenue, in the Corona del Mar Homes (Summer Wind) Planned Community]; and authorize the City Clerk to release the Faithful Performance Bond (#9080125); and Labor and Material Bond ( #908012S) in six months, provided no claims have been filed. (Report from Public Works Department) 20. SENATE BILL 97 FOR SUPPORT - Letter from Legi Senate Committee Chairman on Local SB97 Government Marian Bergeson requesting (48) support for Senate Bill 97 (school developer fees). 21. SPECIAL EVENTS APPLICATIONS - Uphold staff's recommendation for approval, subject to conditions for the following: (Reports from the Business License Supervisor) #86 -272 - Orange County Mental Health Association Run (temporary road closure) at Irvine Avenue and Santiago on May 31, 1987; #87 -001 - City of Newport Beach Scenic 5K Run (temporary road closure and amplified sound) in Old Corona del Mar, on June 6, 1987; #87 -026 - Newport Beach Athletic Club 5K Run (temporary road closure) at Fashion Island Area, Design Plaza on May 17, 1987; and #87 -057 - Newport Heights Community Association Picnic (temporary road closure) at Cliff Drive on May 25, 1987. Volume 41 - Page 128 65) s 72 CITY OF NEWPORT BEACH COUNCIL MEMBERS oA g .w,y� F� March 23, 1987 • Motion All Ayes Motion x x MINUTES 22. COUNCIL EXPENSE RECORD - Approve travel Cncl Expense authorization and expense record of (33) Council Member Ruthelyn Plummer for $264.80 for Offshore Oil meeting in Washington, D. C., February 25 to 27, 1987. 23. BUDGET AMENDMENTS - For approval: 1(25) BA -082, $1,455 - Transfer in Budget Appropriations to provide for special refuse collection for Balboa Island; General Services - Refuse Fund. (Memorandum from Acting General Services (44) Director and letter of request from Balboa Island Improvement Association) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Planning Commission Plar, regarding actions taken by them on March (68) 5, 1987, and a copy of the March 19, 1987 agenda, was presented. I Motion was made to schedule a public U/P 1547(A) hearing on. April 27, 1987, for Use Permit 1547 (Amended) Sheraton - Newport Hotel ten -story addition. 2. Proposed resolution endorsing the Tanner Fire Dpt/ Planning process for the development and Hazardous implementation of a comprehensive Wst Mgm hazardous waste management system, with (41) letter from Supervisor Harriett M. Wieder, were presented. Motion was made to adopt Resolution No. Res 87 -36 87 -36, and. appoint Fire Chief Reed s: as I the City' Representative. Mayor Pro Tem Hart stated that she would also like the Council to consider appointing; someone from the citizenry to be a member of the seven - member citizens advisory committee whose role will be to oversee the Draft Plan development and approval process. Council Member Turner stated he has requested his appointees on the Environmental Quality Affairs Committee to review this issue, and to request a presentation to their Committee by the County regarding the Hazardous Waste Program. He stated that he has also asked the Committee to consider a recommended appointee to the County Advisory Committee. Volume 41 - Page 129 COUNCIL MEMBERS -o y All Ayes • Motion All Ayes • Motion • x x CITY OF NEWPORT BEACH MINUTES March 23, 1987 The motion on the floor was voted on and carried. 3. Letter from Citizens' Advisory Committee Traffic on Bikeways regarding proposal to Affairs prohibit motor vehicles entirely from (85) Back Bay Drive (Shellmaker to Eastbluff Drive), was presented. Motion was made to not make any changes at this time. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 87 -5, being, Ord 87 -5 Fire Code AN ORDINANCE OF THE CITY OF NEWPORT (41) 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, was presented for second reading, together with reports from the Fire Chief, and proposed resolutions for adoption. The City Manager summarized the purpose of the subject documents, as set forth in the reports from the Fire Chief. Fire Chief Jim Reed addressed the Council and stated that they estimate the annual. operating cost for the disclosure! program to be approximately $75,000. They hope through the recovery of fees to collect about 50% of that cost. The $121,000 they are estimating in revenue each year would include the cost recovered from the disclosure program, in addition to fees that they would like! to start charging for plan check review of fire sprinkler systems and other safety requirements they inspect when a building is under construction. Motion was made to adopt Ordinance No. 87 -5; Resolution No. 87 -37 of the City Res 87 -37 of Newport: Beach assuming responsibility for implementation of laws pertaining to hazardous materials for lease response plans; and Resolution No. 87 -38 Rea 87 -38 establishing a permit and inspection fee schedule for services performed by the Fire Department in administering provisions of State Law and the Newport Beach Municipal Code. Volume 41 - Page 130 COUNCIL MEMBERS \A • All Ayes u x CITY OF NEWPORT BEACH MINUTES March 23, 1987 Council Member Plummer advised that she had received a letter from the Environmental Quality Affairs Committee in support of the subject program. The Committee is hopeful that some kind of program can be developed to assist the small businesses in complying with the City's new regulations regarding hazardous waste, and will also be forming a subcommittee to work with the Fire Department. The motion on the floor was voted on and carried. 2. 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 PREVENTION, FIRE SUPPRESSION, AND THE HANDLING OF HAZARDOUS WASTE, was presented with report (refer to H -1, above) from the Fire Chief, for second reading. Motion was; made to adopt Ordinance No. 87 -6. I. CONTINUED BUSINESS: 1. Report from the Ad Hoc Committee to RE- EVALUATE NEWPORT CENTER, was presented. The City Manager stated that on January 12, 1987, the City Council established an Ad Hoc Committee to re- evaluate the Newport Center Plan. The responsibility of the Committee is to "formulate alternate courses of action available to the City Council concerning the build -out of Newport Center with attendant mitigation improvements." Additionally, on February 23, 1987, the City Council initiated General Plan Amendment 87 -1(C) for Newport Center, with the specific project subject to further review by the Ad Hoc Committee to Re- evaluate Newport Center and subject to confirmation by the City Council. Volume 41 - Page 131 Ord 87 -6 Fire Dpt/ (41) Hoc Cncl (24/68) Ctr COUNCIL. MEMBERS 100 • Motion • • CITY OF NEWPORT BEACH x MINUTES March 23, 1987 The City Manager advised that the Committee charge was fulfilled through a series of "community outreach" meetings held weekly from January 21 to March 18, 1987. All homeowners associations were invited to participate; as well as groups of merchants' associations; political action committees and groups; developers, realtors and governmental relations consultants; and social and service clubs and organizations. Various members of the Planning Commission and City Council participated in the discussions, and the Committee was staffed by the Planning Department. Council Member Sansone, of the subject ad hoc committee, read into the record the following revised suggested action and made a motion to approve same: "If desired, define the scope of the General Plan Amendment 87 -1(C) for Newport Center as a request to increase allowed commercial development in Fashion Island by an additional 70,000 square feet for a total of 1,320,000 square feet. "Additionally, direct the Ad Hoc Committee for the Re- evaluation of Newport Center to continue the dialogue with the community and The Irvine Company for the purpose of identifying a 'Master Plan' for the Newport Center area which will include other developer desired changes over the next several years insofar as practical. Also, identify community amenity projects such as the library expansion, art museum expansion, youth center and day care facilities. Specific attention should be given to construction of Pelican Hills Road in the shortest possible time frame." Council Member Sansone stated that Mayor Cox had reviewed the revised language and was in agreement. He also stated that the new wording more clearly defines the scope of GPA 87 -1(C) and the task of the ad hoc Committee in the future. Volume 41 - Page 132 Re- evaluate Npt Ctr COUNCIL MEMBERS CITY OF NEWPORT BEACH March 23, 1987 MINUTES Mayor Cox, expanding on the comments Re- evaluate made by the City Manager, stated that as Npt Ctr a result of the nine meetings held, • three primary topics were addressed as follows: 1. Absent the Newport Center expansion plan, how can the City effectuate the funding and completion of traffic and circulation system improvements. 2. How can the City provide its "fair share" of affordable housing. Issues considered included the location of affordable housing, and the appropriate balance of increased density and financial subsidy. 3. Which, if any, individual projects among those approved in the Newport Center General Plan Amendment [85- 1(B)I, are acceptable and should be considered by the City Council this year. • In addition to Fashion Island, Mayor Cox stated there was also a great deal of interest in the Art Museum, Library, Teen Center, and Day Care Center as amenities that would be useful to the community. He stated that they would like to continue the ad hoc committee program so that they can evaluate some of these other projects. He also emphasized that the City Council is not approving anything relative to a project at this time; the Council is only approving the process for it to go through a general plan hearing and subsequent approval in the future. Tom Nielsen, Vice President of The Irvine Company, addressed the Council and read into the record the following prepared statement: "We support the ad hoc committee's recommendation to initiate a general plan amendment to allow for completion of renovation of Fashion Island. The recommendation of the • ad hoc committee confirms what we have heard in our own discussions with a wide variety of community Volume 41 - Page 133 COUNCIL MEMBERS r o y 0 s G9y�`GvP� Gf �q • • CITY OF NEWPORT BEACH MINUTES March 23, 1987 interest groups that there is substantial support for the continuation of the renaissance of Fashion Island. "As you know the action on your agenda tonight, as has been pointed out, doesn't represent a decision on allowing that additional square footage, but allows the public review process to begin. A process which will determine whether or not Fashion Island would be allowed to continue to move forward in that renaissance. We believe it is appropriate for the City to initiate a general plan amendment of the nature described in the report for the following reasons: "Construction is continuing at Fashion Island under the square footage as currently allowed. The additional square footage recommended, as has also been noted, would add about 70,000 sq. ft., roughly a 7% increase, and because of this relatively small amount of square footage, which is less also than what would have been permitted under GPA 85 -1, the impacts of the project will be minimal. "We believe our merchants agree that this project should move forward now as a delay will only continue to increase the uncertainty as to the future of Fashion Island. At the same time, we want to assure the City and the community of our intent to use the requested additional development to broaden the mix and range of shops to better serve the residents of Newport Beach. "As a final comment, we are aware of many of the concerns that have been expressed to them about piecemeal development. Fashion Island, during the last two years, was scrutinized intensely as a part of the comprehensive planning process that we all participated in for Newport Center under GPA 85 -1. Even though the overall plan revisions for Newport Center were not approved by the voters, the portion of the plan dealing with Fashion Island as a separate Volume 41 - Page 134 Ctr COUNCIL MEMI � A y • • • CITY OF NEWPORT BEACH MINUTES March 23, 1987 project seems consistent with today's existing general plan for the Newport Center area as it did under CPA 75 -1. The point is that we have a general plan right now dealing with Newport Center, including Fashion Island, and to propose additional square footage is compatible with the overall character and intensity of the existing comprehensive plan. "In summary, the continuation of the improvements to Fashion Island they Rio not view as piecemeal, rather we think it will really allow us to fulfill the existing general plan concept and approach for Newport Center, and more particularly, Fashion Island." In response to question of Council Member Turner, Mr. Nielsen stated that they are prepared to pay for any costs involved in processing this general plan amendment. Mayor Pro 'rem Hart stated that in the nine years she has been on the City Council, the only general plan amendments the City Council has requested have been on public property for public benefit, and this is the first time the Council has made a request to improve somebody else's property without the benefit of anything in writing from the property owner. Also, she was concerned as to what the square footage will be used for, as she has not been furnished with that needed information. Mr. Nielsen, in response to Mayor Pro Tem Hart, stated that the square footage that is identified in the committee's report did originate with The Irvine Company, based on planning that they have done in response to their needs. David Mudgett, President of Irvine Retail Properties Company, addressed the Council and described the existing and proposed uses of the square footage in Fashion Island as depicted in a drawing on display. He stated that the plan they are proposing for the completion of Fashion Island is no different than the plan that was submitted under the general plan amendment last year, and the 70,000 sq. ft. that they are requesting is the necessary square Volume 41 - Page 135 Re- evaluate Npt Ctr COUNCIL MEMI E • CITY OF NEWPORT BEACH MINUTES March 23, 1987 footage to complete that plan. He stated that it is their hope to achieve a "town center" focal point for residents of the City. Mayor Pro Tem Hart, in directing a question to Mr. Nielsen, stated "I presume it would be very easy for you to request this general plan amendment on behalf of The Irvine Company, and could have that back to us in a very timely manner, is that correct ?" Mr. Nielsen replied in the affirmative. Council Member Strauss expressed his concerns as to piecemeal development in Newport Center as a result of the defeat of Measure A, and indicated he was hopeful this would not occur. In response to Council Member Strauss, Mr. Nielsen commented that they understand the concerns with particular regard to office use, having met at length with a number of people who were so strongly opposed to Measure A. They do not anticipate a request for any office development in the near future. Mayor Cox ,stated that while Mr. Nielsen was present:, he wanted to clarify who is the applicant for this general plan amendment. He stated it was his understanding that The Irvine Company has always been the applicant for any property they own, and it is not the City who is applying for this general plan amendment. Mr. Nielsen stated that it was very clear to them who is the applicant, as it is their property, and they will be moving ahead if this plan is initiated to implement the direction of the Council. Mayor Pro Tem Hart stated that she disagreed with Mayor Cox and referenced the Committee's report where it is set forth that "The City Council shall define the scope of General Plan Amendment 87 -1," and stated that it is highly unusual for her to receive a report of this type. She stated that, in her opinion, after reading the Committee's report, it is the City who is requesting this general plan amendment. Volume 41 - Page 136 Re- evaluate Npt Ctr COUNCIL MEMBERS 3e` G L CALL CITY OF NEWPORT BEACH March 23, 1987 MINUTES Volume 41 - Page 137 Re- evaluate Npt Ctr Mayor Cox pointed out that it was the request of The Irvine Company to the ad hoc committee that brought this about. Council Member Turner spoke in support of the comnittee's report advising that he had attended a number of their meetings, and stated that he viewed the applicant as The Irvine Company. Bruce Lambert, President of Fashion Island Merchants Association, addressed the Council in support of the proposed amendment. He stated that many of the merchants in Fashion Island are residents of the City and should not be forgotten. He stated that people go to shopping centers primarily because of the selection, and the concept of a shopping center is to bring people together to one location for "one- stop" shopping. He stated that the residents of this City are entitled to have some place within their own community where they can at least purchase most of the services they are looking for. In conclusion, he urged the Council to allow the proposed expansion to proceed. Bjorn Sedleniek, owner of POSH Men's Store at Fashion Island, addressed the • Council and stated that his store has just recently been remodeled in which a substantial investment was made. He stated that: there is evidence of increased demand from their own customers for additional goods and services, emphasized the importance that Fashion Island be completed, and urged the Council to allow The Irvine Company to proceed with their request so as to not lose the "momentum" that currently exists with the merchants. Richard Marowitz, 2719 Setting Sun Drive, tenant in Fashion Island, addressed the Council and stated he felt that the completion of Fashion Island will be good for the community, as there is a certain energy level of resourcefulness lacking at the present time. He stated that the proposed expansion would contain a "dynamic" (low -cost) food court, which will not only be of benefit to the shoppers, but to the employees working in Newport Center, adding that more stores are • needed in Fashion Island, and named a few which he thought would be appropriate in the shopping center. He stated that: some of the merchants in Fashion Island have been in leasing negotiations with South Coast Plaza, but Volume 41 - Page 137 Re- evaluate Npt Ctr COUNCIL MEMBERS • CITY OF NEWPORT BEACH MINUTES March 23, 1987 have chosen to break those negotiations Re- evaluate and remain in Fashion Island. He stated Npt Ctr that there is not one retailer that has made their potential in Fashion Island, yet they have some of Southern California's finest merchants. He stated that they want to offer Newport Beach residents a "total shopping experience" and recommended the Council approve the request in order that this may occur. Discussion followed, wherein Council Member Plummer stated that she is having real problems with the way this item is developing, and has given it a lot of thought. She stated that when the Mayor began the meetings with the ad hoc committee, it was on a suggestion that the City possibly could revive something as a trade -off for the Art Museum and Library, but then as time went on other things were added, i.e., Fashion Island, Youth Center, etc. Now it has become the City's plan and she has great concerns that the City is in the driver's seat. She stated that this is private property and she does not feel it is the City's business to dictate, such as the language suggested by Council Member Sansone at the beginning of this discussion. She feels that the developer should come to the City Council with what they plan to do, and stated it will be difficult for her to support all of the recommendations because shoe feels the City is overstepping its responsibility in terms of trying to fashion a plan for a private developer. Council Member Turner pointed out that there are three ways in which a general plan amendment can be initiated: 1) applicant; 2) Planning Commission; and 3) City Council. He stated that due to the fact that this allows the City Council to initiate, would indicate someone thought the City Council, at some time, might just have the requirement: and responsibility to initiate an action of this sort, and to analyze a piece of property and determine what direction shall be taken. He emphasized that it was the City Council who asked the ad hoc committee to go out and gain input from the community to determine just what the general feeling is for Newport Center, and we now have those results before us. Volume 41 - Page 138 COUNCIL MEMBERS ti � .�G��`GA 0 Motion Ayes Noes Ayes Noes • Motion All Ayes • CITY OF NEWPORT BEACH X Ix I xIX Ix I XIX X ix I xIx Ix I xIx x MINUTES March 23, 1987 Mayor Pro Tem Hart stated that if the Council wants to initiate a general Plan amendment., The Irvine Company should be directed to prepare a request to the City in order that it may be analyzed. She stated she felt the City Council is "arrogant" if they think they can sit up here, after the public has defeated just a few months ago, a general plan amendment that included exactly what The Irvine Company says they want here. If we initiate this, it is far more than what I feel that I could be responsible to vote on this evening. She stated, however, she respects and appreciates the work of the ad hoc committee. In view of the foregoing comments, substitute motion was made by Mayor Pro Tem Hart to accept the ad hoc committee's report; extend said committee to continue dialogue with the community and to wait for the request from The Irvine Company on the proposed general plan amendment, which motion FAILED. The motion., as made by Council Member Sansone earlier in the discussion, was voted on and carried. J. CURRENT BUSINESS: 1. Report from Planning Department regarding ESTABLISHING CITY COUNCIL AD HOC CANNERY VILLAGE /MCFADDF.N SQUARE SPECIFIC PLAN PUBLIC IMPROVEMENT IMPLEMENTATION COMMITTEE, was presented. Motion was made to adopt Resolution No. 87 -39, establishing subject City Council ad hoc committee, and confirm the appointment of Council Members Strauss and Plummer. Re- evaluate Npt Ctr Ad Hoc Cncl Cnry Vlg/ McFdnSgSP Pblc Imprvm Implmtn Cmte (24) Res 87 -39 2. Report from Public Works Department W regarding UNIVERSITY DRIVE DELETION, was I(74) presented. Letter from Harry S. Rinker in support of University Drive from Irvine Avenue to Jamboree Road be deleted from the County Master Plan of Highways, was presented. The City Clerk advised that after the agenda was printed, two letters were received in support of deleting University Drive from the Master Plan of Streets and Highways, from Thomas T. Volume 41 - Page 139 • • • CITY OF NEWPORT BEACH COUNCIL MEMBERS 3 .e1 G�4p� �Of ��9 s9 9G9� G 9 �� March 23, 1987 Tierney, 2412 Mesa Drive, and Khosro Khaloghi no address given). MINUTES The City Manager gave a brief history relative to University Drive and the "struggles" that have taken place as to whether or not it should be extended. He pointed'. out that on February 22, 1982, the Council adopted revisions to the Local Coastal Plan, including the deletion of University Drive from the Circulation Plan. Approximately a month ago, the City Council received a letter from the County of Orange requesting that the City consider University Drive again and respond to the Board of Supervisors as to whether University Drive shall be retained or deleted from the Circulation Element of the General Plan. The County also states in their letter that if University Drive is to be deleted, which of the mitigation measures are supported by the Council, that are referenced on page 6 of their letter. The City Manager stated that in view of the foregoing, he would recommend the Council consider one of the two following alternatives: a) Request the County for additional traffic and circulation information before formulating a City position; OR b) Request the County to delete University Drive with the understanding that additional traffic and circulation reports of an EIR will suggest appropriate mitigation actions. The Public Works Director reviewed information related to the County's proposed alternatives to University Drive should it be deleted. Be pointed out that Newport Bay and John Wayne Airport foam a physical barrier to traffic circulation parallel to the coast, extending from the Pacific Ocean to the San Diego Freeway along a six -mile screen line perpendicular to the coast. This barrier severs the arterial highway system except for Pacific Coast Highway, the Bristol Street /San Diego Freeway corridor; and proposed University Drive. This fact Volume 41 - Page 140 PW (74) • Motion • COUNCIL MEMBERS mot \� X CITY OF NEWPORT BEACH MINUTES March 23, 1987 accounts for the tremendous traffic demands on Coast Highway and on the Bristol Street /Corona del Mar Freeway corridor. The Public: Works Director also indicated that the arterial intersections that must handle the diverted traffic would be severely congested and could not perform adequately; and that the impacts on existing streets such as Irvine Avenue, Birch Street, Mesa Drive, Jamboree Road, and Pacific Coast Highway had not been adequately addressed. He concluded that the technical feasibility of alternatives to University Drive had not been demonstrated; there was not sufficient information to warrant the deletion of University Drive from the Circulation System at this time; and that the decision would be of great consequence to the future of Newport Beach. In response to question raised by Mayor Cox regarding the likelihood of constructing the bridges connecting Route 55 to Route 73, the Public Works Director stated that it is his belief, as well as the understanding of the Costa Mesa City staff, that the subject freeway ramps are needed regardless of the presence or absence of University Drive. He stated that the City of Costa Mesa is urging CalTrans and the Orange County Transportation Commission to program the ramps, and he felt it was in the interest of Newport Beach to also support this project. Discussion followed, wherein Council Members Plummer, Strauss, Turner and Maurer spoke in support of the deletion of University Drive. John Miller (no address given), and Frank Robinson, representing Friends of Newport Bay, addressed the Council in favor of deleting University Drive. Motion was made to request the County to delete University Drive from the Master Plan of Arterial Highways, and support the following as mitigation measures., :a) Four lanes of travel in each direction on Bristol Street; Volume 41 - Page 141 PW (74) • • Ayes Noes • CITY OF NEWPORT BEACH COUNCIL MEMBERS x I x I x I x I x I x I x MINUTES March 23, 1987 b) Increasing from eight to ten lanes approximately 2.8 lane miles on the Corona del Mar Freeway; c) Construction of connections between NB -55 to SB -73 and NB -73 to SB -55 Freeways; d) Implementation of other mitigation measures identified in additional environmental impact and traffic studies. Mayor Cox spoke against the motion and stated that he has been fighting for the extension of University Drive for many years. He stated that those of us on the east side of the Bay agonize over ways to get to Costa Mesa, and that using Route 73 isn't the answer, inasmuch as it is difficult to get off. He stated there is no other solution In sight, except continued congestion on Pacific Coast Highway. He also has a difficult time deleting University Drive when this Council has heard so much public testimony about traffic being a problem, and people asking what are we doing to solve it. Now we are deleting roads out of our Master Plan of Streets and Highways instead of building them, which he cannot support. The motion was voted on and carried. Meeting adjourned at 10:15 p.m. ATTEST: * * * * * * * * * * * * The agenda for this meeting was posted on March 19, 1987, at 9:00 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ,4P1 Volume 41 - Page 142 PW (74)