HomeMy WebLinkAbout05/14/1990 - Regular MeetingCITY OF NEWPORT BEACH
f' REGULAR COUNCIL MEETING
�� PLACE: Council Chambers
TINE: 7:00 P.M.
DATE: May 14, 1990
Present x x
Motion
All Ayes
Motion
All Ayes
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MINUTES
Barbara Shaefer, American Legion Auxiliary Post
291 Poppy Chairperson, introduced POPPY GIRL,
Sara Ristow, who presented Poppies to the Mayor
and Council Members.
John Rader, President of the NEWPORT BEACH
OFFSHORE CANOE CLUB announced that at the race
their club entered in September and October of
last year in Hawaii, their team won both the
men's and women's world championships and broke
the worlds record; and the women's team won the
race four consecutive years.
The Mayor and Members of the Environmental
Quality Committee presented awards to fifteen
recipients of the EARTH DAY 1990 Motto Contest.
The winning motto was "Newport -Clean Port."
I x IA. ROLL CALL.
B. Reading of Minutes of Meeting of
April 23, 1990, was waived, approved as
written, and ordered filed.
C. Reading in full of all ordinances and
resolutions under consideration was waived,
and City Clerk was directed to read by
titles only.
D. HEARINGS:
1. Mayor Plummer opened the continued public jOrd 90 -18
hearing regarding PROPOSED ORDINANCE NO. Zoning
90 -18, being, (94)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE SO AS TO REVISE THE R-
2 DISTRICT STANDARDS IN CORONA DEL
MAR PERTAINING TO OFF - STREET PARKING,
ACCESS TO DWELLINGS AND EXTENSIONS
INTO YARDS. [Planning Commission
Amendment No. 702)
Report from the Planning Department.
Letter from Ron Yeo, Architect, urging
Council to not vote on this proposal until
the public is aware of its impact and can
offer their concerns or acceptance.
The City Manager noted the following: This
amendment was initially considered by the
City Council on April 9, 1990, at which
time the proposal to increase the alley
setback was eliminated. The ordinance was
subsequently reintroduced and the public
hearing was continued to May 14, 1990. The
amendment as it is currently drafted will
Volume 44 - Page 149
702
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CITY OF NEWPORT BEACH
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1990
change the R -2 Development Standards in Zoning
Corona del Mar in two ways: 1. Access to
Dwellings and Extensions into Yards. This
section is identical to the provisions
recently adopted by the City Council for
the new Multi - Family Residential District.
Initially requested by the Corona del Mar
Residents Association, this section would
require that on lots 30 feet or more in
width, a four foot wide setback be provided
for access between the primary entrance of
the dwelling and the public street or
alley. Within the setback, a three foot
wide unobstructed walkway is required. The
walkway is required to be paved and the
only above grade encroachments permitted
are steps which would be essential for use
of a first floor entrance. 2. Parkine.
This amendment would increase the required
number of off - street parking spaces from 1-
1/2 to 2 spaces per dwelling unit. This
would make the parking requirement for the
R -2 areas outside the Coastal Zone the same
as the off - street parking requirement
generally required by the Coastal
Commission. In addition, it would now
require the same number of spaces as has
been provided in the past for condominium
purposes.
A map was displayed showing the area of
Corona del Mar affected by this change.
Reference was made to a report submitted by
the Building Director relative to sideyard
requirements as set forth in the Uniform
Building Code, which currently requires a
44" wide egress from a dwelling to a public
way.
The Planning Director advised that under
the proposed Zoning Ordinance, a 48"
sideyard would be required up to the
entrance, and within that 4 feet, a 3 foot
walk free and clear from any obstruction.
Council Member Sansone showed slides of
various sideyards in Corona del Mar
approximately 2 feet in width, as well as
rear yard setbacks. He added that he had
no objections to making the Zoning Code and
Uniform Building Code regulations
identical.
Council Member Cox received clarification
from the Planning Director regarding his
concerns as to tandem parking.
Volume 44 - Page 150
Motion
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CITY OF NEWPORT BEACH
Aye
Noes x xlxlxlxIxlx
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MINUTES
14. 1990
Brion Jeanette, Architect, addressed the
Council and stated he felt the 36" setback
required toy the Uniform Building Code was
designed to establish a fire resistancy of
the building being constructed. He added,
that typically, in an R -1 single - family
dwelling, 36" would be the minimum width
for an exit. He felt there is merit to
requiring a wider access to the entry, but
to continue that width any further is not
necessary.
Hearing no others wishing to address the
Council, the public hearing was closed.
Discussion ensued, wherein the City Manager
indicated he did not feel there would be a
conflict with the Building and Zoning Codes
not being identical in this regard inasmuch
as it is not uncommon to have different
standards throughout the City due to
different lot sizes.
Motion was made to adopt Ordinance No.
90 -18, amending Title 20 of the Newport
Beach Municipal Code, revising the R -2
District Standards in Corona del Mar.
Council Member Cox commented he was not
supportive of the ordinance as he felt the
existing Building Code requirements should
be followed on this issue, and that the
proposed ordinance is not necessary. In
addition, he is opposed to tandem parking
as he does not feel it is practical.
Council Member Turner also stated he was
opposed to the motion as he was not in
agreement with the standards for access to
dwellings and extensions into yards.
The motion was voted on and carried.
2. Mayor Plummer opened the public hearing
regarding MODIFICATION NO. 3654 - Request
to consider an APPEAL BY IRVIN WINESUFF
from the Planning Commission's decision to
sustain the Modification Committee, and to
permit the construction of a second floor
enclosed garage structure on top of the
existing Bay Island Club parking structure
located at 501 West Bay Avenue, which
encroaches 4 feet into the required 4 foot
yard setback adjacent to West Bay Avenue.
Report from the Planning Department.
Volume 44 - Page 151
Zoning
(94)
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CITY OF NEWPORT BEACH
14, 1990
MINUTES
Volume 44 - Page 152
Appeal application of Irvin Winesuff.
Modi
3654
The City Clerk advised that after the
agenda was printed, petitions were received
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opposin the proposed metal covering to the
existing parking structure at 501 West Bay
Avenue.
The City Manager reported as follows: that
at its meeting of April 5, 1990, the
Planning Commission voted (5 Ayes, 2 Noes)
to recommend the approval of Modification
No. 3654. It was the determination of a
majority of the Commissioners that the
portion of the proposed garage structure
that will encroach into the 4 foot front
yard setback is minor in nature. The
proposed construction in said front yard
setback will consist of a pitched roof that
will not be much higher than the existing
parapet wall located on West Bay Avenue.
The Modifications Committee had also
recommended the approval of Modification
No. 3654 to the Planning Commission. The
applicant has submitted plans for Council
review that indicate the sloping roof in
the required 4 foot front yard setback.
However, if Council makes the
,
determinatio that the proposed
encroachment is detrimental to the
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neighborhood, the Bay Island Club would be
willing to maintain the required 4 foot
setback and begin all new construction to
the rear of said setback line. If that
were the case, a modification to the Zoning
Code would no longer be required, but the
proposed garage enclosure could be
designed so as not to exceed an average
height of 24 feet and a height of 29 feet
to the top of a pitched roof (i.e., the
height permitted on the front one -half of
an R -3 lot) where the recommended Condition
of Approval No. 3 of Modification No. 3654
provides that the roof of the structure
shall not exceed a height of 18 feet above
grade.
Council Member Strauss commented that he
had been contacted by Dave Everson, 501 W.
Bay Avenue, who could not be in attendance,
but wished to note he was gpoosed to the
proposed addition.
William D. Ficker, Architect for the
project, 522 W. Ocean Front, addressed the
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Council and explained the proposed addition
and "closure" piece as noted in red on the
drawing on display. He also stated he was
the original architect on the Bay Island
garage.
Volume 44 - Page 152
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CITY OF NEWPORT BEACH
MINUTES
14. 1990
Council Member Watt stated she viewed the
site; felt the parking structure is
somewhat unattractive, and indicated some
type of landscaping should be planted
around the perimeter of the garage to
beautify the area.
Jim Harvey, 504 W. Bay Avenue, addressed
the Council in support of the appeal. He
stated he resides directly across the
street from the parking structure which was
constructed approximately 25 years ago. He
felt the garage is a 150 foot long concrete
"monstrosity" in a residential area. He
stated the issue is the adding of 7 feet of
sheet metal to an existing 12 foot high
vertical structure. He noted that over 100
residents in the area are opposing the
subject modification and have signed the
petitions submitted earlier.
Rosalie Winesuff, 502 W. Bay Avenue,
addressed the Council in support of the
appeal. She stated she felt the proposed
corrugated tin covering would not be
compatible with the area and that it would
be environmentally irresponsible for the
Council to allow the subject modification.
Irvin Winesuff, 502 W. Bay Avenue,
addressed the Council in opposition to the
proposed addition. He stated he lives
across the street from the parking garage
and felt consideration should be given to
placing the addition to the rear of the
building.
Donald E. Hazen, 500 W, Bay Avenue, also
addressed the Council in opposition to the
proposed covering. He felt the metal
addition .would be unattractive and very
noisy when it rains.
Mr. Picker, responding to previous
comments, stated that when the parking
structure was originally built, the area
was zoned C -1 and the building was designed
with a conscience of the surrounding area,
and therefore, kept low in height. He
added that the proposed addition, when
completed, will be Tex - Coated, therefore
hiding the metal covering underneath. He
distributed two photographs showing the
existing parking structure and a 3 -story
apartment building across the street from
the garage. He stated that consideration
was given to placing the addition to the
rear of the structure, but that only 10
parking spaces would be available, whereas
there are 12 parking spaces to the front of
the building.
Volume 44 - Page 153
Dion
Motion
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Aye x
Noes IxixIXIXI
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CITY OF NEWPORT BEACH
MINUTES
14. 1990
Hearing no others wishing to address the
Council, the public hearing was closed.
x Following comments by Council Member
Strauss, motion was made to overrule the
approval of the Planning Commission, and
deny Modification No. 3654.
Substitute motion was made to sustain the
action of the Planning Commission and grant
the subject modification.
Discussion ensued with regard to the
proposed exterior finish and color, after
which the City Attorney recommended that
Conditions No. 5 and 6 be added to read as
follows:
Condition No. 5 - The metal panels
shall be textured and /or colored in a
manner that is compatible with the
existing structure; and
Condition No. 6 - The structure
shall be used only as a parking
garage.
In addition, Finding No. 10 was added to
read as follows:
Finding No. 10 - Strict application
of the setback requirements in this
case, would preclude a reasonable use
of the structure. The proposed
project would reduce the
nonconforming nature of the use by
limiting the amount of roof top
parking and conditions of approval
substantially restrict the size of
the structure which would otherwise
be permitted under applicable zoning
codes.
x Following comments by Council Members Watt
x and Strauss, the substitute motion was
voted on and carried.
3. Public hearing regarding PROPOSED ORDINANCE
NO. 90 -22, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE AS IT APPLIES TO
NONCONFORMING USES AND STRUCTURES.
(Planning Commission Amendment No.
694)
Report from the Planning Department.
Volume 44 - Page 154
Ord 90 -22
Zoning
(94)
PCA 694
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CITY OF NEWPORT BEACH
MINUTES
14, 1990
Bob Lenard, Advanced Planning Manager,
outlined how the proposed ordinance deals
with nonconforming uses, and noted that:
since the City Council adopted
comprehensive revisions to the General Plan
on October 24, 1988, changes have resulted
in the land use designations for numerous
parcels; the City has also begun to adopt
zoning ordinances to implement the changes
in the Land Use Element; as a result, a
number of sites may be rendered
nonconforming; the proposed ordinance
includes provisions concerning: 1)
nonconforming structures; 2) nonconforming
uses; 3) nonconforming parking; 4)
restoration of damage or destruction; 5)
prior plans, construction or designated
use; and 6) timeframes; the ordinance
applies to all nonconforming uses City-
wide.
Brion Jeannette, Architect, addressed the
Council and expressed his concerns with
regard to the definition of Categories 1
thru 4, set forth on pages 3 and 4 of the
ordinance. He suggested alternative
language; stated he felt the ordinance
needed further clarification; and requested
the document be restudied prior to final
adoption.
The Planning Director explained that the
purpose of the subject ordinance is to
tighten up and define what will be allowed
by modification, use permit, or variance,
or when it is time to tear the building
down and build a conforming structure. He
added that this is an ordinance which has
been a long time in coming, and the City
Council and Planning Commission have put a
lot of pressure on the staff to get it
where it is today.
Discussion ensued, wherein the following
changes were suggested:
1) The word "land" to be deleted
from Item G;
2) The words "exterior siding"
now to read "exterior wall
covering (by area)" in Items D,
E, F, and G;
3) Section 20.83.070, Prior Plans,
Construction or Designated Use
- Deleted from Municipal Code,
but to remain in ordinance and
read as follows:
Volume 44 - Page 155
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Ayes
CITY OF NEWPORT BEACH
MINUTES
"SECTION 7. The City shall
not refuse to issue building
permits on the basis of zoning
consistency with respect to any
project for which plans had
been submitted to the Building
Department or Planning
Department for a building
permit or approval in concept
prior to the effective date of
this ordinance, provided such
submittal has been accepted as
full and complete, provided
that no discretionary approval
is required, and provided
further that the applicant
diligently processes the plans
and provides the Building and
Planning Departments with all
necessary information
preliminary to the issuance of
a building permit or approval
in concept.
Ron Seacrest (no address given) addressed
the Council and stated that he has a set of
plans almost ready to be submitted for
approval; he has invested a great deal of
money in the plans, and questioned how the
subject ordinance will affect his project.
Mr. Seacrest was told to refer to Section 7
of the subject ordinance.
Althea Line, 310 Fernando Street, Vice -
President of Newport Bay Towers Homeowners
Association, addressed the Council and
requested clarification of the provision,
Restoration of Damage or Destruction, as
enumerated on pages 11 and 12 of the
ordinance. She stated there are 49 units
in the building where she resides,, and she
was very concerned what affect the proposed
ordinance would have on her building if the
structure were destroyed 100% by earthquake
or fire.
Following discussion, Ms. Line was
requested. to contact the City Attorney to
discuss her specific concerns relative to
the subject ordinance.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to adopt ordinance No. 90-
22, amending Title 20 of the Newport Beach
Municipal Code as it applies to
Nonconforming uses and structures, with the
changes in the foregoing. .
Volume 44 - Page 156
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Motion
All Ayes
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CITY OF NEWPORT BEACH
MINUTES
Mayor Plummer opened the public hearing Ord 90 -23
regarding PROPOSED ORDINANCE NO. 90 -23, Zoning
being, 1(94)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE WHICH REFINES LANGUAGE
SPECIFYING DENSITY STANDARDS IN THE
MFR DISTRICT. (Planning Commission PCA 704
Amendment No. 704]
Report from the Planning Department.
The City Manager advised the following: On
November 27, 1989, the City Council
approved Ordinance No. 89 -28, which created
the Multi - Family Residential District (MFR)
District and established regulations for
development in that district. At that
time, densities in the MFR District were
established by reference to the Land Use
Element of the General Plan. On
February 22, 1990, the Planning Commission
approved Amendment No. 698, which places
various properties in the MFR District and
amends the Districting Maps accordingly,
and the City Council will be addressing
that amendment later on in tonight's
meeting. The proposed Amendment No. 704
will provide the mechanism for adoption of
the densities specified under Amendment
No. 698.
The City Manager added the following: As
recommended by the Planning Commission, the
proposed amendment defined residential
density in terms of square feet of land
area per dwelling unit, to be shown in
parentheses on the Districting Maps. The
amendment has been revised to also allow
density to be defined as an overall number
of units permitted in an area, to be shown
in brackets on the Districting Maps. This
change is reflected in Ordinance No. 90 -23
as introduced by the City Council at its
meeting of April 23, 1990.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Ordinance No.
90 -23, amending Title 20 of the Newport
Beach Municipal Code which refines language
specifying density standards in the MFR
District.
Volume 44 - Page 157
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\`\�\ \��*xON
MINUTES
5. Mayor Plummer opened the public hearing
Ord, 90 -24
regarding PROPOSED ORDINANCE NO. 90 -24,
Zoning
being,
(94)
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AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING A
PORTION OF DISTRICTING MAPS 2, 3, 6,
9, 11, 12, 15, 16, 17, 18, 20, 21,
22, 23, 24, 25, 26, 27, 32, 37, 46,
50, AND 52, TO RECLASSIFY SPECIFIC
LOTS CITYWIDE FROM THEIR CURRENT
ZONES OF C -O -H, C -1 -R, U. U -MHP, R -2,
R -3, R -3 -B, R- 3 -NHP, R- 3 -SPR, R -4,
SP -6, SP- 6(R -4), SP- 6(R -3), AND SP-
6(R-2) TO MFR, MFR -B, MFR -MHP, MFR -
SPR, AND SP -6 MFR AND AMENDING THE
CANNERY VILIAGE/MCFADDEN SQUARE
SPECIFIC PLAN (SP -6) TO INCLUDE A
MULTI- FAMILY RESIDENTIAL (MFR) ZONING
DISTRICT, A R -1 ZONING DISTRICT AND
AMEND THE R -2 ZONING DISTRICT AND
COMMERCIAL DEVELOPMENT STANDARDS OF
SP -6. [Planning Commission Amendment
PCA 698
No. 698]
Report from the Planning Department.
The City Clerk advised that after the
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agenda was printed, two letters were
received regarding the subject rezoning
from William Pucik, 1503 Clay Street, and
John C. Klose, 132 Via Trieste.
The City Manager provided the following
additional information: State law requires
that land use decisions be consistent with
the City's General Plan and Zoning
Ordinances. Therefore, the City is
proposing to amend the zoning
classifications of specific properties
throughout the City with General Plan
designations of Multi- Family Residential
(MFR) and Single - Family Attached (SFA).
This amendment will make the zoning
classifications consistent with the General
Plan land use designations. Also as part
of this amendment, the Cannery
Village/McFadden Square Specific Plan will
be amended to: add a Multi - Family
Residential (MFR) zoning district, add an
R -1 zoning district, reorganize an existing
R -2 zoning district, and make minor
revisions to the commercial development
standards of SP -6 as related to mixed use.
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All of the R -3 and R -4 properties within
the Specific Plan area will be rezoned to
the MFR Zoning District.
Volume 44 - Page 158
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Motion
All Ayes
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X
CITY OF NEWPORT BEACH
MINUTES
May 14, 1990
An exhibit was displayed depicting the
properties affected with the MFR and SFA
zoning designations.
Reference was also made to a chart included
with the staff report, listing all the
properties affected by his zone change, as
well as what can be built under the new
zone on those parcels.
Robert Sangster, 115 Via Jucar, addressed
the Council and stated he was opposed to
the proposed zone change as it applies to
his property at 435 Via Lido Soud, inasmuch
as it would be down- zoned.
Bob Lenard, Advance Planning Manager,
responded that Mr. Sangster's property on
Via Lido Soud is currently zoned R -3, and
there is no change in density requirements
proposed for that particular parcel, only a
change in development standards.
Bill Martin, 1824 W. Ocean Front, addressed
the Council in support of the proposed
ordinance. He complimented the staff and
Planning Commission for the many hours of
work spent on this subject matter, and
added that he and his wife, Carol, both
urge approval.
Hearing no others wishing to address the
Council, the public hearing was closed.
Mr. Lenard noted changes in five different
properties: as follows:
1)
819 W. 15th Street
- MFR (2178)
2)
1481 Placentia -
2178 sq. ft.
land area
3)
207 19th Street -
MFR
4)
211 19th Street
- MFR
5)
315 Dahlia - 2140
sq. ft. land
area
Motion was made to reintroduce Ordinance
No. 90 -24, with the five changes listed in
the foregoing, amending various
Districting Maps and a portion of the
Cannery Village /McFadden Square Specific
Plan to MFR, and pass to second reading on
May 29, 1990.
Volume 44 - Page 159
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Motion
All Ayes
MEMBERS
CITY OF NEWPORT BEACH
MINUTES
14. 1990
6. Mayor Plummer opened the public hearing Ord 90 -25
regarding PROPOSED ORDINANCE NO. 90 -25, Zoning
being, (94)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH TO CONSIDER
REVISIONS TO TITLE 15 AND TITLE 20 OF
THE NEWPORT BEACH MUNICIPAL CODE
RELATED TO REPORT OF RESIDENTIAL
BUILDING RECORDS. [Planning SPCA 706
Commission Amendment No. 706]
Report from the Planning Department.
The City Manager advised that in 1972, the
City Council adopted Ordinance No. 1462
that established procedures to assure all
parties involved in the sale of a
residential building, the authorized use,
occupancy and zoning classification of the
property in question; a Report of
Residential Building Records is furnished
the buyer and seller of the residential
property after a Code Enforcement Officer
inspects the site; that inasmuch as
Planning Department personnel are
responsible for issuing and providing
clerical work for the Report of Residential
Building Records, the Planning Commission
is of the opinion that this matter should
be transferred from Title 15 (Buildings and
Construction) to Title 20 (Planning and
Zoning) of the Newport Beach Municipal
Code; and in addition, the Commission
recommended five (5) revisions to the
ordinance as enumerated in the staff
report.
Hearing no one wishing to address the
Council, the public hearing was closed.
x Motion was made to adopt Ordinance No. 90-
25, with revisions to Title 15 and Title 20
of the Newport Beach Municipal Code
relating to Report of Residential Building
Records.
Mayor Plummer opened the public hearing Weed Abet
regarding WEED ABATEMENT 1990 PROGRAM; and IFY °90 -91
to certify the list of properties that may (41)
require weed abatement and /or cleaning.
Recycled report dated April 23, 1990 from
Fire Chief,
Volume 44 - Page 160
on
Ayes
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Motion
All Ayes
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x
CITY OF NEWPORT BEACH
x
MINUTES
14, 1990
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution No. 90-
42 ordering the Fire Chief to abate weeds
and other public nuisances existing upon
streets, alleys, sidewalks, parkways and
private property within the City.
IE. PUBLIC COMMENTS:
Council Member Turner read into the record
his announcement for re- election to the
City Council as follows: "In November of
this year, I will have served four years on
the Newport Beach City Council. These past
four years have been fulfilling as I have
been able to dissolve some of the major
issues confronting our City. However, the
major issue for my District and for myself
continues to be the impact that John Wayne
Airport has and will have on this City. It
is no secret that I continue to believe
that this County needs another airport to
relieve the strain on John Wayne Airport
and the additional strain on Newport Beach
if John Wayne Airport is allowed to become
the only airport for Orange County. Thus,
for better or worse, I am committing
myself to seek another four year term on
this body in the fall in hopes that my
presence will resolve this all important
issue."
Council Members Sansone and Strauss also
announced they would be seeking re- election
in November.
F. CONSENT CALENDAR:
The following actions were taken as indicated,
except for those items removed.
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on May 29, 1990:
(a) PROPOSED ORDINANCE NO. 90 -26, being,
Ord 90 -26
Fees /Incrs
AN ORDINANCE OF THE CITY
Swr Use Chg
COUNCIL OF THE CITY OF NEWPORT
(89)
BEACH AMENDING SECTION
14.24.065 OF THE NEWPORT BEACH
MUNICIPAL CODE PROVIDING FOR AN
INCREASE IN THE SEWER USE
CHARGE FROM A BASIC FEE OF
$3.55 PER MONTH TO $3.90 PER
MONTH WITH PROPORTIONATE
INCREASES FOR ADDITIONAL UNITS
EFFECTIVE JULY 1, 1990.
(Report from Utilities
Director)
Volume 44 - Page 161
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CITY OF NEWPORT BEACH
MINUTES
May 14, 1990
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
(b) Resolution No. 90 -43 authorizing the Oasis Sr
application of GRANT FUNDS available Ctr Expnsn
from the 1989/90 ROBERTI- 2�BERG- Res 90 -43
HARRIS URBAN OPEN SPACE AND (62)
RECREATION PROGRAM to be applied to
the OASIS SENIOR CENTER BUILDING
EXPANSION. (Report from Parks,
Beaches and Recreation Director)
(c) Resolution No. 90 -44 authorizing the Oasis Sr
application of GRANT FUNDS under the Ctr Expasn
provisions of the STATE BOND Res 90 -44
PROGRAM /CALIFORNIA WILDLIFE, COASTAL (62)
AND PARR LAND CONSERVATION ACT OF
1988 to be applied to a proposed
project for Fiscal Year 1990 -91 for
the OASIS SENIOR CENTER BUILDING
,EXPANSION. (Report from the Parks,
Beaches and Recreation Director)
(d) Resolution No. 90 -45 authorizing the Npt -Mesa
Mayor and City Clerk to sign an Schl Dist/
AGREEMENT WITH NEWPORT -MESA SCHOOL Wtr Ln Exch
DISTRICT and to sign QUITCLAIM Res 90 -45
DEED/WATER LINE EASEMENT EXCHANGE. C -2819
(Report from Utilities Department) (38)
(e) Removed from the Consent Calendar.
(f) Resolution No. 90 -46 amending Water Bill/
procedures for UNPAID CHARGES AND Unpd Chrg
DISCONTINUANCE OF WATER SERVICE. Res 90 -46
(Report from Utilities Director) 1(89)
3. CONTRACTS /AGREEMENTS:
(a) Approve Agreement with CalTrans for Npt B1 -32nd
the WIDENING OF NEWPORT BOULEVARD - St Wdng
32ND STREET TO COAST HIGHWAY C -2642
(CONTRACT NO. 2642); and authorize (38)
the Mayor and City Clerk to execute
subject agreement. (Report from
Public Works Department)
(b) Authorize the Mayor and City Clerk to Central
execute an Engineering Services Bal Pkg/
Agreement with the consulting firm of Cir Stdy
Austin -Foust Associates, Inc., (AFA) C -2818
for the CENTRAL BALBOA PARKING AND (38)
CIRCULATION STUDY. (Report from
Public Works - Traffic Engineering)
Volume 44 - Page 162
•
0
•
CITY OF NEWPORT BEACH
4.
5
MINUTES
14. 1990
(c) Authorize the Mayor and City Clerk to
execute Second Amendment to Renewal
Agreement with Mike Macardican
Enterprises, Inc., dba RECYCLING
RESOURCES, POMONA, CA FOR RECYCLING
PAPER (CONTRACT 1644). (Report from
General Services Director)
(d) Approve Easement, License Agreement
and Quitclaim with RANCHO SANTIAGO
PARTNERSHIP AND MOBILE OIL
CORPORATION; and authorize the Mayor
and City Clerk to execute subject
documents. (Report from Utilities
Department)
(e) Award Contract No. 2762 without
Alternative No. 1 to Steen
Construction Company for the total
bid price of $334,433; authorize the
Mayor and City Clerk to execute
subject contract for CORPORATION YARD
BUILDINGS "C AND L" (CONTRACT 2762);
and authorize staff to negotiate with
Steen Construction Company to
purchase and install roll -up doors on
Building "C." (Report from Public
Works Department)
- For referral as indicated:
Paper /Mae
cardican
Enterp
C -1644
(38)
Rancho
Santiago
Prtnrshp/
Mobile Oil
Lic Agm
C -2820
(38)
Corp Yrd
Bldgs C &L
C -2762
(38)
(a) To Building Department for inclusion JBuil
in the records, letter with (26)
resolution from Santa Ana Unified
School District concerning INCREASE
IN RESIDENTIAL DEVELOPER FEES.
(b) Removed from the Consent Calendar.
(c) To General Services Department for IGS
reply, letter from E. E. Hill (44)
concerning RECYCLING AND PLASTIC
BAGS.
(d) To City Clerk for inclusion in the Misc/Mala-
records, additional information thion Spryg
concerning AERIAL MALATHION SPRAYING (52)
from ALLIANCE FOR FOOD AND
FIBER/KEDFLY TASK FORCE RESOURCE
BOOK.
COIDMICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Carl 6 Julie McMackin regarding SIGN
ON BUSINESS at 302 Main Street,
Balboa.
(b) Cyndi Lloyd Doran concerning
INCREASED DEVELOPMENT IN NEWPORT
BEACH.
Volume 44 - Page 163
CITY OF NEWPORT BEACH
MINUTES
(c) Removed from the Consent Calendar.
(d) Bo Bentley, proprietor of Beachcomer
Restaurant concerning PARKING
•
REQUIREMENT FEES.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's referral
to the claims adjuster:
(a) William Bahr/Mary Helen Berg alleging
Bahr /Berg
vehicle cited and towed in error from
Balboa Boulevard and 19th Street on
April 14, 1990; seeking reimbursement
of parking violation and towing fee.
(b) Chubb Group of Insurance Companies
Chubb Grp
for Leo and Rosebud Jacobsen alleging
Ins Co
damages as a result of accident
sustained on March 12, 1990 at
Pacific Coast Highway and Jamboree.
(c) Bill G. Joiner alleging property
Joiner
damage to his vehicle by City garbage
truck at intersection of MacArthur
and Pacific Coast Highway on April
28, 1990.
•
(d) Barbara Kane alleging personal
injuries as a result of traffic
Kane
accident at Pacific Coast Highway and
Jamboree Road on December 10, 1990.
(e) Hazel Violette Kovely alleging
Kovely
property damage as a result of Police
chasing suspects on April 29, 1990 at
1808 W. Ocean Front.
(f) David L. Levine alleging property
Levine
damage to vehicle as a result of
accident with City truck on April 19,
1990 at Avocado and Second Avenue.
(g) Anolication for Leave to Present Late
Petersen
Claim of Peter Petersen for assault
and battery on April 5, 1989 by
Custodial Police Officer (Late Claim
rejected on April 9, 1990).
(h) Ted Lee Sawyer for personal injuries
Sawyer
while a passenger in vehicle that
failed to make transition; claim
based on negligent design,
construction, maintenance, signing
•
and control of transition road on
State Route 55, November 24, 1989.
(i) Gary Shofstall alleging personal
Shofstall
injuries as a result of fall on
sidewalk at 710 Begonia Avenue on
October 28, 1989.
VoLume 44 - Page 164
•
•
•
CITY OF NEWPORT BEACH
MINUTES
1990
(j) State Farm Insurance Company for Mark State Farm/
Lanphere alleging property damage to Lanphere
home and roof by City refuse truck on
October 9, 1989 behind home at 304
Agate Avenue.
(k) Margaret A. Thoreau for personal Thoreau
injuries as a result of fall to the
pavement when her toe caught on
indentation caused by broken paving
in the vicinity of Lido Park Drive on
March 18, 1990.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's referral
to the claims adjuster:
None.
8. REQUEST TO APPROVE /FILL PERSONNEL (66)
VACANCIES: (Report from the City Manager)
(a) One Programmer, Finance Department.
(b) One License Inspector, Finance
Department to fill vacant position
caused by long -term disability.
(c) One Tree Maintenance Crew Chief,
Parks Division.
(d) One Warehouse Manager /Buyer, Finance
Department.
(e) Two Refuse Worker I's, Refuse
Division.
(f) One Maintenance Worker I, (Concrete)
General Services Department.
(g) One Maintenance Worker II, (Asphalt)
General Services Department.
(h) One Police Officer, Police
Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from Parks, Beaches and
Recreation Director recommending the
removal of three PARKWAY TREES
RECENTLY PLANTED IN THE LARKSPUR
AVENUE PARKWAY OF 3128 OCEAN
BOULEVARD; and to provide the
property owner proper notification of
the removal process.
Volume 44 - Page 165
PB&R /Trees
(62)
CITY OF NEWPORT BEACH
MINUTES
14, 1990
(b) Report from Tidelands Affairs
Council
Committee recommending addition to
Policy
COUNCIL POLICY H -1, concerning HARBOR
(69)
•
PERMIT POLICIES (PIER HEIGHTS).
(c) Report from Tidelands Affairs
Council
Committee recommending amendment to
Policy
COUNCIL POLICY H -1, HARBOR PERMIT
(69)
POLICIES (SECTION 16.a. RESIDENTIAL
BULKHEADS).
(d) Report from General Services
GS
concerning SUMMER REFUSE COLLECTION
(44)
SCHEDULE.
(e) Report from Library Board of Trustees
Library
concerning GIFT TO THE NEWPORT BEACH
(50)
PUBLIC LIBRARY IN SUPPORT OF LITERACY
SERVICES.
(f) Report from Library Board of Trustees
Library
concerning GIFT TO THE NEWPORT BEACH
(50)
PUBLIC LIBRARY IN SUPPORT OF THE JUNE
3RD CELEBRATION WALK.
(g) Report from General Services Director
GS
concerning RECYCLING PLANS /TIMETABLE.
(44)
•
(h) Removed from the Consent Calendar.
10. PUBLIC HEARING SCHEDULING:
None.
11. CRITIQUE OF THE AMERICAN TRADER OIL SPILL -
CA State/
Authorize the City Manager to sign subject
011 Spill
contract for a sum not to exceed 258 of the
(28)
total cost regarding the attached proposal
and scope of work to perform follow up
evaluations regarding the oil spill.
(Report from the City Manager)
12. 2306 WEST OCEAN FRONT (PORTOFINO BEACH
Utilities/
HOTEL) - Approve a Construction and
2306 W OFrnt
Maintenance Agreement for nonstandard
(89)
improvements for a fire service and its
connecting piping at the subject address;
and authorize the Mayor and City Clerk to
execute subject agreement and record with
the Orange County Recorder. (Report from
the Utilities Director)
13. NEGATIVE DECLARATION FOR SANTA ANA RIVER
S/A Rvr Wtr
WATER LINE CROSSING - Uphold staff's
Ln Crag
recommendation to affirm the Negative
C- 2655 -8
Declaration of Environmental Impact on the
(38)
subject project. (Report from Utilities
Department)
Volume 44 - Page 166
0
is
•
CITY OF NEWPORT BEACH
MINUTES
14, 1990
14. CONSTRUCTION OF 30" WATER LINE CROSSING OF S/A Rvr Wtr
SANTA ANA RIVER (CONTRACT NOS. 2655 -A AND Ln Crag
2655 -B - Approve the plans and C- 2655 -B
specifications for the construction of a (38)
30" water line crossing of the Santa Ana
River (Contract 2655 -A); authorize the City
Clerk to advertise for bids for Contract
2655 -A to be received 10:00 a.m., June 14,
1990; and authorize a materials only
purchase to be supplied to the low bidder
for Contract 2655 -A (Contract 2655 -B).
(Report from Utilities Department)
15. CURB CUT APPLICATION OF RUSSELL FLUTER AND PW /Crb Cut
ROBERT NACKOWSKI - Uphold staff's Fluter/
recommendation to approve application for Nackowski
construction of two curb cuts at 2804 (74)
Lafayette and two curb cuts at 2804 and
2806 LaFayette in Cannery Village. (Report
from Public Works Department)
16. RESUBDIVISION NO. 752 - Authorize the City Resub 752
Clerk to release the Faithful Performance (84)
Bond (Bond No. 5240 85 12); and release the
Labor Materials Bond (Bond No. 5240 85 12)
for 600 Newport Center Drive, Four Seasons
Newport Center. (Report from Public Works
Department:)
17. RESUBDIVISION NO. 895 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 895,
located at 119 -123 1/2 Agate Avenue; and
authorize the Mayor and City Clerk to
execute subject agreement. (Report from
Public Works Department)
18. RESUBDIVISION NO. 821 - Approve the
improvement plans and specifications and
accept the public improvements constructed
in conjunction with Resubdivision No. 821,
located at 504 South Bay Front, Balboa
Island; authorize the City Clerk to release
the Faithful Performance Surety ($16,000 of
the $32,000 Letter of Credit with
California First Bank); and authorize the
City Clerk to release the Labor and
Material Surety (the remaining $16,000 of
the Letter of Credit with California First
Bank) in six months provided no claims have
been filed. (Report from Public Works
Department)
19. RESUBDIVISION NO. 836 /FASHION ISLAND -
Authorize the City Clerk to release the
Subdivision Monumentation Bond (Bond No.
5241 05 05) located at 1001 Newport Center
Drive, comprising the northwesterly portion
of Fashion Island. (Report from Public
Works Department)
Volume 44.- Page 167
895
(84)
Resub 821
(84)
Resub 836
(84)
�S'
•
•
CITY OF NEWPORT BEACH
MINUTES
14. 1990
20. RESUBDIVISION NO. 912 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 912,
located at 3238 Broad Street, between
Westminster and Bolas Avenues; and
authorize the Mayor and City Clerk to
execute subject agreement. (Report from
Public Works Department)
21. RESUBDIVISION 891 - Approve the improvement
plans and specifications and accept the
public improvements constructed in
conjunction with Resubdivision No. 891,
located at 607 -615 East Balboa Boulevard;
authorize the City Clerk to release the
Faithful Performance Surety (cash deposit
in the amount of $5,000 accepted by the
City on June 14, 1989, into Account No. 02-
217-02, Receipt No. 35007); and authorize
the City Clerk to release the Labor and
Material Surety (cash deposit in the amount
of $5,000 accepted by the City on June 14,
1989, into Account No. 02- 217 -02, Receipt
No. 35007) in six months provided no claims
have been filed. (Report from Public Works
Department)
Resub 912
(84)
Resub 891
(84)
22. CITY COUNCIL TRAVEL AUTHORIZATION AND Council/
EXPENSE RECORD - Approve $139.42 expense I Trvl Expns
for Ruthelyn Plummer for trip to Ensenada (33)
for Newport - Ensenada Sailboat Race,
April 28 - 30, 1990.
23. BUDGET AMENDMENTS - For approval: (25)
BA -063, $2,500 - Decrease in Unappropriated
Surplus for replacement of nonrepairable
personal computer; Park and Recreation
Fund.
RA -064, $1127,730 - Removed from the Consent
Calendar. (Refer to agenda item
J -4)
BA -065, $1,690 - Transfer in Budget
Appropriations for special refuse
collection for Balboa Island; General
Services - Refuse Fund. (Report from General GS
Services Director w /request from Balboa (44)
Island Improvement Association)
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
Report from General Services Director with IRecycling
proposed resolution imposing a RECYCLING Sery Fee
SERVICE FEE FOR FY 1990 -91. FY'90 -91
(40)
Volume 44 - Page 168
CITY OF NEWPORT BEACH
•
Motion x
Ayes x x x x x x
Noes x
•
Motion
All Ayes
Motion
All Ayes
C
x
x
MINUTES
FsIVzz#1
Council Member Strauss expressed his
opposition to the proposed recycling fee,
stating he did not feel it was appropriate,
inasmuch as there has never been a prior
service charge for solid waste. In
addition, the cost to fund this program
would only be approximately one -tenth of 1%
of the City's operating budget.
Motion was made to adopt Resolution No. IRes 90 -47
90 -47 imposing a RECYCLING SERVICE FEE FOR
FY 1990 -91.
2. Memorandum from Orange County Sanitation 0/C Sanitn
District concerning DISTRICTS' FINANCIAL ist(OCSD)
PLAN /1990 -91 SEWER CONNECTION 6 USE FEES. (54)
Council Member Hart reported that sewer
fees will be increased from $45 to $55
annually, as noted in the subject letter.
She stated property taxes, connection fees,
and Federal and State construction grants
historically have been major sources for
local financing of the sewer fees.
However, since Proposition 13, all the ad-
valorem property tax revenues have been
used in operation funds for maintenance,
rehabilitation, etc., with none available
for capital improvements, while the cost
for providing service continues to rise
beyond the ability of the property tax.
There being no other comments, motion was
made to move the action on the agenda, to
refer the subject memorandum to the City
Clerk for inclusion in the records.
3. Report with proposed resolution from City Libr
Librarian authorizing the City Manager to Cent
APPLY FOR A GRANT FROM CALIFORNIA STATE (50)
LIBRARY FOR LIBRARY SERVICES AND
CONSTRUCTION ACT TITLE II FONDS IN THE
AMOUNT OF $1,000,000, FOR THE NEW CENTRAL
LIBRARY.
Inasmuch as other Library issues are being
considered later in this meeting, motion
was made to defer action on the subject
resolution until agenda items F -23 (BA -064)
J -2, 3, and 4, are heard.
4. Report from the City Attorney recommending JPlanning
initiation of an AMENDMENT TO THE SIGN ISign Ord
ORDINANCE PROHIBITING INSTALLATION OF REAL (68)
ESTATE "FOR SALE" SIGNS ON VEHICLES.
Council Member Hart suggested this proposed
amendment be reviewed by the Newport -Mesa
Board of Realtors at the same time it is
being considered by the Planning
Commission.
Volume 44 - Page 169
Motion
All Ayes
0
Motion
All Ayes
CITY OF NEWPORT BEACH
MINUTES
14, 1990
Rose Carey, Newport -Mesa Association of
Realtors, addressed the Council and stated
that their Association is opposed to the
proposed amendment and will address this
issue at the time of the public hearing.
Jim Muller, Vice President, Coldwell
Banker, addressed the Council and stated
that he was on the ad -hoc committee which
drafted the subject ordinance for the
realtors, and in his opinion, there has
never been an abuse of car -top signs.
x Council Members Cox and Turner indicated
they felt this issue should be reviewed at
a study session prior to authorizing
preparation of an ordinance, and therefore,
motion was made to bring back to the
June 25 study session meeting.
5. Letter from Stuart Williams concerning PB &R
LANDSCAPING AND BETTER MAINTENANCE OF (62)
MEDIAL STRIP ON IRVINE BOULEVARD FROM 17TH
STREET TO HOLIDAY ROAD.
Stuart Williams, 1748 Bayport Way,
addressed the Council regarding his
request, stating he felt that Irvine Avenue
north of 17th Street to Dover Avenue is a
"disaster" area as to the landscaping of
its median strips. He urged the Council to
direct the Parks, Beaches and Recreation
Department to look into the possibility of
planting grass in the median strips,
thereby eliminating the existing weed
patches.
x Motion was made to direct the Parks,
Beaches and Recreation Department staff to
contact the City of Costa Mesa regarding
the feasibility of landscaping the subject
median, and report back.
H. ORDINANCES FOR ADOPTION:
1. PROPOSED ORDINANCE NO. 90 -17, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING A
PORTION OF DISTRICTING MAP NO. 9 SO
AS TO RECLASSIFY THE PROPERTY LOCATED
AT 1900 WEST BALBOA BOULEVARD, THE
NORTH WESTERLY CORNER OF 19TH STREET
AND WEST BALBOA BOULEVARD, FROM THE
SP6 DISTRICT TO THE SP6 -MFR (1600)
SPR DISTRICT AND TO ESTABLISH ON THE
DISTRICTING MAP, 5 FOOT FRONT YARD
SETBACKS ON BOTH THE 19TH STREET AND
WEST BALBOA BOULEVARD FRONTAGES.
(Planning Commission Amendment No.
688)
Volume 44 - Page 170
Ord 90 -17
Zoning
(94)
PCA 688
COUNCIL
MEMBERS
Motion
Ayes
Motion
All Ayes
x
Motion x
All Ayes
Motion x
All Ayes
E
x
CITY OF NEWPORT BEACH
MINUTES
14. 1990
Report from Planning Department.
Motion was made to adopt Ordinance No.
90 -17.
12. PROPOSED ORDINANCE NO. 90 -21, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
NEWPORT BEACH MUNICIPAL CODE SECTION
14.12.090 AND SETTING THE BASIC WATER
QUANTITY RATE AT $1.05 PER HUNDRED
CUBIC FEET.
Recycled report dated April 23, 1990 from
the Utilities Director.
Motion was made to adopt Ordinance No.
90 -21.
I. CONTINUED BUSINESS;
1. Reports from the City Manager and Planning
Department concerning MODIFICATION NO. 3664
- Request of Council Member Watt to
reconsider the action of the City Council
taken on April 23, 1990, to call up for
review and public hearing on May 29, 1990,
subject modification, a request of Mr. and
Mrs. Glen Simonian to construct an attached
4 -car garage which will maintain a 12 foot
setback from back of sidewalk; property
located at 1 Huntington Court, in Belcourt.
Motion was made to reconsider scheduling a
public hearing for May 29, 1990 on
Modification No. 3664.
Council Member Watt explained her reasons
for not desiring to pursue the public
hearing procedure for the subject
modification and moved to rescind her
previous motion to call up this
modification.
Ord 90 -21
Basic Wtr
Qty Rate/
Utilities
(89)
Modifctn
3664
Zoning
(94)
2. Report from Public Works Department 10cean Frnt
concerning FINAL REPORT OF NEWPORT BEACH Encrchm Ad-
OCEAN FRONT ENCROACHMENT CITIZENS ADVISORY Hoc /CAC
COMMITTEE. 1(24)
It was recommended that prior to a public
hearing on this matter before the City
Council, that: (a) Staff be authorized to
transmit the report to the staff of the
Coastal Commission with a request for
comments back to the City Public Works
Department by June 15, 1990; and (b)
Authorize staff to submit report and
comments to the Planning Commission to
commence Local Coastal Plan (LCP) hearing.
Volume 44 - Page 171
COUNCIL
A
•
Motion
All Ayes
•
Motion
All Ayes
x
CITY OF NEWPORT BEACH
x
May 14, 1990
J.
1.
2
MINUTES
In response to question raised by Council
Member Turner, the Public Works Director
commented that the bulk of the area where
the encroachments exist is already a
"paper- street" easement, or a dedicated
right -of -way for Ocean Front. The exception
to that is on the Peninsula Point where the
Ocean Front right -of -way is owned in fee by
the City. The land involved is not
Tidelands, with Uplands adjacent to the
Tidelands, and this easement area covers
private and City Uplands.
The Public Works Director also advised that
a larger color -coded map and improved
exhibits will be prepared in time for the
public hearings.
Motion was made to approve the staff's
recommendation as set forth in the
foregoing.
CURRENT BUSINESS:
Report from Utilities Department regarding
1990 WATER SUPPLY AND DROUGHT ACTION PLAN.
The City Clerk advised that after the
agenda was printed, two letters were
received from Mr. and Mrs. Robert Wolff and
Alan Blum regarding water conservation.
Council Member Sansone stated that he
wished to reiterate that the City is in a
serious drought condition and this Drought
Action Plan is actually implementing the
recommendations of the Metropolitan Water
and Coastal Water Districts.
Motion was made to: (a) Adopt the 1990
Drought .Action Plan; and (b) Adopt
EMERGENCY ORDINANCE NO. 90 -27 DECLARING
THAT THERE IS A WATER SHORTAGE AND
ESTABLISH A CONSERVATION GOAL OF A MINIMUM
OF 10% REDUCTION IN WATER CONSUMPTION;
PLACING A 10% SURCHARGE ON THE BASIC WATER
RATE FOR CONSUMPTION EXCEEDING 10 HUNDRED
CUBIC FOOT UNITS PER BIMONTHLY BILLING
PERIOD AND A 50% SURCHARGE ON WATER USED
FOR CONSTRUCTION PURPOSES; SURCHARGE TO BE
EFFECTIVE ON JUNE 17, 1990.
Utilities/
1990 Wtr
Sply & Drght
Actn Pln
(89)
90 -27
Shrtg
Report from the City Manager concerning Library /New
Land Exchange and Transfer Agreements for Central
CENTRAL LIBRARY. 1(50)
Volume 44 - Page 172
CITY OF NEWPORT BEACH
MINUTES
May 14, 1990
The City Manager referenced his report
Library
which outlined the basic provisions of the
proposed Land Exchange Agreement as
•
follows:
"1. The City of Newport Beach will
exchange the current site on
San Clemente Drive consisting
of 1.97 acres for a two acre
site between MacArthur
Boulevard and Avocado Avenue
north and adjacent to the new
art museum site.
"2. The Irvine Company will give to
the City an additional two
acres north and adjacent to the
two acres referenced in No. 1
above. In essence, The Irvine
is exchanging approximately two
acres for two acres, and making
a gift of two acres which will
have the effect of making
available four acres between
MacArthur Boulevard and Avocado
Avenue for a library site.
013. The exchange and gift will be
accomplished through an escrow
with 1st American Title
•
Insurance Company.
"4. The City will be responsible to
prepare the subdivision
documents for the new site and
The Irvine Company will be
responsible to prepare the
resubdivision documents for the
old site. Each party shall
cooperate with one another in
preparing the necessary
subdivision documents.
"5. The exchange and gift land will
contain specific land use
restrictions giving The Irvine
Company the first right of
refusal and /or option to
repurchase the exchange and .
gift property if the City in
the future does not utilize the
land for library purposes and
decides to sell the property.
"6. On or before ten business days
prior to the closing of escrow
•
The Irvine Company shall have
obtained from the City of
Newport Beach all discretionary
Volume 44 - Page 173
S
•
•
•
CITY OF NEWPORT BEACH
May 14, 1990
MINUTES
land use approvals necessary to Library
construct 65,550 square feet of
office space on the old library
site and adjacent property
owned by The Irvine Company.
If necessary, the City will
grant an override to the
Traffic Phasing Ordinance to
permit the construction of
65,550 square feet of office
development. The Irvine
Company, however, shall pay all
fair share fees, transportation
corridor fees, building excise
tax fees, and other fees
required for construction
projects.
"7. The Irvine Company shall have
the right at its sole
discretion to transfer
entitlements currently existing
on the Newport Village site
(between MacArthur and Avocado)
to the Corporate Plaza Planned
Community or Corporate Plaza
West. To develop the
entitlements an override of the
Traffic Phasing Ordinance is
not required. However,
recognizing that the City's
proposed library. is 50,000
square feet, the Agreement
states that the library shall
be considered a committed
project and traffic generated
by the new library shall not be
included in the Traffic Phasing
Ordinance analysis for the
Newport Village entitlements.
For each square foot of Newport
Village entitlement that
satisfies the TPO an additional
square foot shall be deemed to
comply with that standard up to
a total of 100,000 square feet
of entitlement (50,000 sq. ft.
x 2). The balance of the
115,000 square feet of
entitlement shall be subject to
full compliance with the TPO.
The Irvine Company shall pay
all development costs such as
fair share fees, transportation
corridor fees, building excise
taxes, etc.
Volume 44 - Page 174
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
May 14, 1990
Volume 44 - Page 175
"8. City shall submit grading,
Library
landscaping, handscaping, and
exterior construction of the
library including support
•
streets, driveways, curb cuts,
entryways, sidewalks, parameter
walls, fences, irrigation,
drainage systems, monument,
directional and other signs,
and all like improvements on
the new library land to The
Irvine Company for review. The
Irvine Company has the right of
review and approval of the
City's plans, but must exercise
reasonable discretion
consistent with certain design
criteria already approved by
the Library Board.
"9. City shall have the right to
lease the old library site for
up to thirty -six months while
the new library is being
constructed. This will assure
continued service by the
Library Department. If the
Orange County Assessor's office
does not grant an exception to
The Irvine Company for the old
•
library site, the City shall
pay taxes during the period in
which the City leases the old
library site. The rental fee
shall be $1.00 per year.
010. After opening of escrow The
Irvine Company and City will
each be responsible to obtain
the necessary title policies
deemed advisable and necessary.
If the title policies reveal
some undesirable feature, each
party shall work diligently and
in good faith to resolve the
problem. If the problem cannot
be resolved, the Land Exchange
Agreement can be terminated.
"11. City agrees to pay a pro rata
share of roadway and
infrastructure improvements on
MacArthur Boulevard and Avocado
Avenue.
"12. All escrow and closing costs
shall be shared 50/50 between
The Irvine Company and City.
Volume 44 - Page 175
CITY OF NEWPORT BEACH
MINUTES
14, 1990
"13. The Irvine Company may cancel
the subject agreement if (a)
discretionary approvals are not
• received for the entitlements
on Newport Village (between
MacArthur and Avocado); (b)
discretionary approvals are not
received for the Civic Plaza
site (old library site); or (c)
conditions of agreement are not
met by City. This condition is
of some concern inasmuch as the
City will have committed
substantial funds for
architectural fees.
"While the attached agreement poses
some risks inasmuch as the City will
commit for architectural fees, it is
believed that with the good
intentions of The Irvine Company and
the City, unseen problems can be
resolved and the project proceed.
The Irvine Company is committed that
an appropriate library is
constructed. The City is committed
that an appropriate library is
constructed. With this underlining
• commitment by both agencies, I
believe the agreement provides the
security that is needed. While the
agreement does not represent 1008 of
the, ideas of the City for the Land
Exchange Agreement, it does represent
a negotiated compromise with The
Irvine Company. This compromise is
considered acceptable by the City's
staff responsible for these
negotiations. Much has been changed
from the original text that favors
the City. Certainly the land value
of $7.4 million for the new site
versus $3.4 million for the old site
favors the City. As an interesting
aside, the City purchased the old
site for $279,500 in 1975.
"Finally the law firm of Brown &
Divan, recognized authorities in the
sale of certificates of
participation, have been provided a
copy of these land exchange
documents. It is their opinion that
the documents will permit, with
little or no penalty against the
10 City, the sale of certificates of
participation as anticipated by the
City. However, they desire to review
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the Agreement again and possibly make Library
recommendations for modification to .
make certain that the Agreement does
not jeopardize the favorable interest
rate."
Discussion ensued, wherein some Council
Members expressed their concerns as to
whether the project proposed by The Irvine
Company on the old library site (Civic
Plaza) and the new library site (Corporate
Plaza) will meet the City's Traffic Phasing
Ordinance.
In response to question raised by Council
Member Turner, Dave Dmohowski of The Irvine
Company, commented that the sites available
to accommodate their proposed development
will be very similar in terms of intensity
to existing Corporate or Civic Plaza's
which are already governed by City
regulations; and therefore, it would be
their intent to process a new PC District
or an amendment to an existing PC District
that would apply the same standards that
currently exist to the additional square
footage that would be transferred. They
are proposing two -story garden office
development on the subject sites.
Following discussion, it was indicated by
some Council Members that more time was
needed to fully study the contents of both
land exchange and transfer agreements; and
therefore, motion was made to defer action
on the following agenda items to May 29:
F.2(a) Proposed Resolution
authorizing the City
Manager to apply for a
grant from California
State Library for
Library services and
construction Act Title
II Funds in the amount
of $1,000,000, for the
New Central Library.
J. 2 Land Exchange and
Transfer Agreements.
J. 3 Report from the Public
Works Department
concerning CENTRAL
LIBRARY ARCHITECTURAL
AGREEMENT with Simon
M a r t i n - V a g u e
Winkelatein.
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Motion
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May 14, 1990
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J. 4 BA -064 for $827,730 - To
provide fees for
A r c h i t e c t u r a l
Agreement /Central
Library.
5. Accept resignation letter with regret from Civil Sery
Vicki V. Michalczyk (Employee Association Board
Nominee, whose unexpired term ends 6- 30 -92) (24)
from the CIVIL SERVICE BOARD; and order
thermoplaque Certificate of Appreciation.
Motion was made to defer nominations to
Council meeting of June 11, 1990.
Meeting adjourned at 11:52 p.m., in memory of
Dick Sweet, recognizing his many contributions to
the community as a teacher and Newport Beach
Sailing Coach; former Corona del Mar Basketball
Coach Jack Errion; and "Uncle Ned" Hill,
prominent Newport resident, activist and husband
of Dora Hill, first woman Mayor of Newport Beach.
* * * * * * * * * * * * * *
The agenda for this meeting was posted on
May 10, 1990, at 8:05 a.m. , on the City
Hall Bulletin Board located outside of the
City of Newport Beach Administration
Building.
ATTEST:
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AOIO$U�
Mayor
Volume 44 - Page 178