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HomeMy WebLinkAbout01/13/1992 - Regular Meeting(CI:TY (OF 14E' WORT BEACH CC�LT.L �M�BQ35 p BEGDIAR COUNCIL MEETYNG TIME: 7:00 P.M. PLACE: Council Chambers �+ DATE: January 13, 1992 ROLL CELL Present x x x x x x x A. ROLL CALL. .Motion x B. Reading of Minutes of Meeting of All Ayes December 9, 1991, and Adjourned Meetings of January 6 and 7, 1992 was valved, approved as written, and ordered filed. 0n x C. Reading in full of all ordinances and Al Ayes resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Sansone opened the public hearing regarding: A. General Plan Amendment No. 91 -1(C) A request to amend the Land Use Element of the General Plan so as to increase the allowable development on the new library site for the Newport Village Planned Community from 50,000 sq. ft. to 65,000 sq. ft.; and the acceptance of Environmental Impact Report No. 149; AND B. Local Coastal Program Amendment No. 24 A request to amend the Local Coastal Program Land Use Plan so as to transfer 30,000 square feet of allowable office development from the Newport Village Planned Community to the Corporate Plaza West Planned Community; AND C. Planning Commission Amendment No. 728 A request by the Irvine Company to amend the Corporate Plaza Planned Community Development Plan so as to permit 85,000 sq. ft. of additional office development transferred from the Newport Village Planned Community. The proposal also includes a request to amend the Planned Community sign provisions so as to be consistent with the proposed sign provisions of the Corporate Plaza West Planned Community; AND D. Plaffiing Commission Amendment No. 729 A request by the City of Newport Beach and The Irvine Company to amend the Civic Plaza Planned Community Development Plan so as to add 57,150 sq. ft. of additional office development, 35,000 sq. ft. of which would be transferred from the Newport • Village Planned Community and 22,150 sq. ft. of which is new development entitlement, and to delete 14,000 sq. ft. of library entitlement, which would be transferred to the Newport Village Planned Community. The proposal Volume 46 - Page 3 MINUTES IiIi.. ;PA 91 -1(C) (45/94) Amd 24 728 729 3 "W m W­ WON SIX C7 • • CITY OF NEWPORT BEACH January 13, 1992 also includes: a request to amend the existing Planned Community sign standards; and a change to require the approval of a use permit for restaurants rather than a site plan review; AND E. Proposed ORDINANCE NO. 91 -47, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR CORPORATE PIAZA WEST AND AMENDING PORTIONS OF DISTRICTING MAP NO. 48 SO AS TO RECLASSIFY SAID PROPERTY FROM THE UNCLASSIFIED (U) AND OPEN SPACE (O -S) DISTRICTS TO THE PLANNED COMMUNITY (P -C) DISTRICT (PLANNING COMMISSION AMENDMENT NO. 730). A request by The Irvine Company to amend a portion of Districting Nap No. 48 so as to reclassify property known as Corporate Plaza West Planned Community, located at the northwesterly corner of Newport Center Drive and East Coast Highway, in Newport Center; I:\; E Planning Commission Amendment No. 746 A request by The Irvine Company to amend the Newport Village Planned Community Development Plan so as to: expand the boundary of the Planned Community so as to include the land bounded by Avocado Avenue, San Miguel Drive, MacArthur Boulevard and San Joaquin Hills Road; revise the land use plan so as to identify five statistical development areas which are distributed between two land use designations of Governmental/ Institutional and Open Space, and delete the multiple family residential and retail designations; add development standards for the development of a 65,000- square -foot library, a 100,000 - square -foot museum, and a 4 -acre public park; and the addition of a General Notes Section; I.\ II Volume 46 - Page 4 MINUTES Ord. 91-47 Corp Plza West 746 f:11lW8i'11 9 • • Motion All Ayes • CITY OF NEWPORT BEACH MINUTES January 13, 1992 INDEX G. Proposed ORDINANCE NO. 91 -46, Ord 91 -46 being. Dev Agm AN ORDINANCE OF THE CITY Library COUNCIL OF THE CITY OF Exchng NEWPORT BEACH APPROVING DEVELOPMENT AGREEMENT NO. 4 FOR THE LIBRARY EXCHANGE AGRK1KENC BETWEEN TER CITY OF NEWPORT BEACH AND THE IRVINE COMPANY; AND H. Traffic Study No. 72 A request by Trfc Stdy The Irvine Company to approve a 72 Traffic Study so as to demonstrate compliance of the proposed entitlements for Civic Plaza, Corporate Plaza, and Corporate Plaza West with the Traffic Phasing Ordinance; AND I. Resubdivision No. 973 A request Resub 973 by The Irvine Company to resubdivide an existing parcel of land into three parcels; one parcel for a museum, one parcel for a library, and one parcel for open space on property located in the P -C District. Property located at 800 -1200 Avocado Avenue, comprising the entire southeasterly side of Avocado Avenue between San Miguel Drive and East Coast Highway, in Newport Center. Report from the Planning Department. The City Manager outlined the above applications (A through I), and the recommended action. He stated that all of the items have been approved by the Council in concept, with the exception of the Development Agreement. Tom Redwitz, representing The Irvine Company and Irvine Pacific, addressed the Council and stated he was excited over the project, and available for questions. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to approve the project as recommended by the Planning Commission and: 1. Adopt Resolution No. 92 -1, Res 92-1 accepting, approving, and certifying Fiaal EIS No. 149; and a. Make the findings contained in the Statement of Findings and Facts (Exhibit A of the Resolution); and Volume 46 - Page 5 ROLL • • A'f CITY OF NEWP0RT BEACH January 13, 1992 b. Find that the facts set forth in the Statement of Overriding Considerations (Exhibit B of the Resolution) are true and are supported by substantial evidence in the record, including Final EIR 149; and C. Find that although the Final EIR identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement of Overriding Considera- tions, are acceptable; and d. Adopt the Mitigation Monitoring and Reporting Program contained in Exhibit C of the Resolution. 2. Adopt Resolution No. 92 -2, approving General Plan Amendment No. 91 -1(C). 3. Adopt Resolution No. 92 -3, approving local Coastal Program Amendment No. 24. 4. Adopt Resolution No. 92 -4, approving Planing Commission Amendment No. 728 to the Corporate Plaza Planned Community. 5. Adopt Resolution No. 92 -5, approving Planing Commission Amendment No. 729 to the Civic Plaza Planned Community. 6. Adopt Ordinance No. 91 -47, approving Planing Commission Amendment No. 730 for the Corporate Plaza West Planned Community. 7. Adopt Resolution No. 92 -6, approving Planning Commission Amendment No. 746 to the Newport Village Planed Community. 8. Adopt Ordinance No.91 -46, approving Development Agreement No. 4. Volume 46 - Page 6 MINUTES W111 Res 92 -2 Res 92 -3 Res 92 -4 Res 92 -5 Ord 91 -47 Res 92 -6 Ord 91 -46 ROLL CALL 0 • 0 CITY OF NEWPORT BEACH January 13, 1992 9. Sustain the action of the Planning Commission in approving Resubdivision No. 973 and Traffic Study No. 72. Mayor Sansone opened the public hearing regarding Proposed ORDINANCE NO. 91 -49, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TIM 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO PERMIT THE SALE OF CONVENIENCE ITEMS SUCH AS, BUT NOT LIMITED TO, SOFT DRINKS, CANDY,. CIGARETTES, ICE, MAGAZINES AND SNACK FOOD, IN CONJUNCTION WITH THE OPERATION OF AUTOMOBILE SERVICE STATIONS. THE PROPOSED A103M M ALSO INCLUDES: THE REQUIRBffiiT FOR ON -SITE PARKING SPACES FOR AUTOMOBILE SERVICE STATIONS WHICH DO NOT HAVE SERVICE BAYS BUT DO INCLUDE THE SALE OF CONVENIENCE ITEMS; THE ADDITION OF COVERED MECHANICAL CAR WASH FACILITIES AS A PERMITTED ACTIVITY; THE REQUIREMENT TO PROVIDE REST ROOMS WHICH ARE AVAILABLE TO THE GENERAL PUBLIC FOR NEW AUTOMOBILE SERVICE STATIONS; AND THE REQUIREMENT FOR FUEL PRICE SIGNS TO BE IN COMPLIANCE WITH, BUT NOT EXCEED THE MINIMUM PRICE SIGN REQUIREMENTS SET FORTH IN THE BUSINESS AND PROFESSIONS CODE OF THE STATE OF CALIFORNIA (PUNNING COMMISSION AMENDMENT NO. 738). Report from the Planning Department. Discussion ensued, wherein it was noted that the California State Business and Professions Code provides that cities and counties may not adopt an ordinance or resolution after January 1, 1988 which prohibits the concurrent retailing of motor vehicle fuel and beer and wine for off -sale consumption in zoning districts where the zoning ordinance allows motor fuel and off -sale beer and wine to be retailed on separate sites. Inasmuch as the City's existing Automobile Service Station Ordinance, which prohibits the retail sale of any product unrelated to a service station operation (other than those sold in dispensers), was adopted prior to January 1, 1988, the City can legally prohibit the concurrent sale of motor vehicle fuel and the sale of off -sale beer and wine. However, if the City permits the sale of other types of retail convenience items, it is the City Attorney's opinion that the City could not prohibit the sale of beer and wine. A majority of the Planning Commissioners were of the opinion that the sale of beer and wine for off -sale consumption was not compatible with automobile service stations in the City, and so the sale of convenience items (other than the permitted items sold in dispensers) was deleted from the proposed amendment. Volume 46 - Page 7 k Ord 91 -49 Zoning/ PCA 738 (94) n ; is r.:ag • • CITY OF NEWPORT BEACH MINUTES January 13, 1992 INDEX The proposed amendment recommended by Auto Sery the Planning Commission consists of Stations/ allowing the addition of covered Zoning mechanical car wash facilities as a permitted activity on automobile service station sites; the requirement to provide rest rooms which are available to the general public for new automobile service stations; and the requirement for fuel price signs to be in compliance with, but not exceed the minimum price sign requirements set forth in the Business and Professions Code of the State of California. It was pointed out that the proposed amendment is to the City's basic service station ordinance and does not relate directly to the request of Texaco which is the next public hearing on the agenda. Craig Yamasaki, representing Arco Products, addressed the Council in support of the ordinance as originally presented to the Planning Commission without the deletion of the language pertaining to convenience items. He indicated that the City's current service station ordinance is functionally obsolete in terms of the types of facilities a modern service station would incorporate into their operation. He stated that the items proposed to be deleted from the ordinance are standard items at the majority of service stations, and by removing that language, the City is disabling oil refining companies such as Arco, Texaco, etc., from bringing to the City the type of automobile service station facility that is modern and up- to -date. Ted Harris, Texaco Refining Company, Santa Ana, addressed the Council regarding the proposed ordinance as well as the request of Texaco listed as Agenda Item D -3. He stated that the proposed General Plan Amendment No. 91- 3(C), would allow Texaco to enclose an existing breezeway to shelter it from the rain, to expand the rest rooms to handicapped standards, and upgrade the appearance of the service station which is located at the northeasterly corner of Jamboree Road and San Joaquin Hills Road. The request involves enlarging the floor area from 2,000 square feet to 2,300 square feet on a 50,000 square foot lot. With respect to allowing convenient foods in conjunction with service stations, he stated the sale of such items would help retain service stations in the City, as they are closing at a steady rate. He noted that the number of gasoline stations in California has fallen from 19,153 in 1972 to 13,800 in 1991. The 540 square foot snack store Texaco is proposing at the subject location would be stocked by their retailer with all profits going to him. The present vending machines Volume 46 - Page 8 COUNCIL MEMBERS ROLL CALL N 0 Motion All Ayes • • CITY OF NEWPORT BEACH January 13, 1992 allowed under the prior zoning code are owned by the vending machine company and the retailer only receives approximately 10 cents an item, so something is needed to increase revenue to the retailer. Tom Myan, 30 Rue Fontainebleau, representing Canyon Mesa Community Association and Big Canyon Board of Directors, (addressing his remarks to the request of Texaco, Agenda Item D -3), stated that inasmuch as the Texaco service station is located within a completely residential community and backs up to several homes, he would hope that the City Council continues to disallow the sale of any alcoholic beverages from the site. In response to the above comment, it was noted that the proposed Ordinance specifically excludes alcohol from being sold in any service station food mart in the City. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to adopt ORDINANCE NO. 91 -49, as recommended by the Planning Commission. Council Members Hedges,'Turner, and Cox indicated they will support the motion on the basis that the issue of convenience items (not in dispensers) in conjunction with service stations will be revisited more in depth at a future date. Mayor Sansone opened the public hearing regarding: A. General Plan Amendment No. 91 -3(C) A request to amend the Land Use Element of the General Plan so as to increase the floor area limit from 2,000 square feet to 2,300 square feet to allow the addition of a mini mart to an existing automobile service station; AND Use Permit No. 1495 (Amended) A request by Texaco Refining and Marketing to amend a previously approved Use Permit which permitted the establishment of an automobile service station on property located in the Big Canyon Planned Community. The proposal involves a request to upgrade the existing service station facility with architectural facade treatment and landscaping and the addition of a retail convenience store (mini mart) to the existing facility. Also included in this application is a request to amend the previous conditions of approval which limited the existing facility to a full service facility, so as to also Volume 46 - Page 9 MINUTES Auto Sery Stations/ Zoning 91 -3(C) (45) /P 1495(A) COUNCIL MEMBERS 0 • Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES January 13, 1992 INDEX permit a self - service use; to GPA 91 -3(C) eliminate the requirement for food and other merchandise to be sold only in dispensers; and to allow additional rice, logo and informational/directional signage associated with the proposed remodel and the new mini mart that exceed permitted signage. Property located at 1600 Jamboree Road, on the northeasterly corner of Jamboree Road and San Joaquin Hills Road, in the commercial area of Big Canyon. Report from the Planning Department. The City Clerk noted that after the agenda was printed, a letter was received in opposition to the proposed mini -mart from Villageway Management, Inc., representing Canyon Island Commission Association. Ted Harris of Texaco Refining Co., addressed the Council and commented that they can live with the foregoing action of the City Council regarding mini - marts; however, they would urge support of their request to enclose the breezeway so it is weatherproof, enlarge the rest rooms to accommodate the handicapped, and upgrade the general appearance of the station. Hearing no others wishing to address the Council, the public hearing was closed. Notion was made to adopt Resolution No. Res 92 -7 92 -7, approving General Plan Amendment No. 91 -3(C), with the deletion of the mini -mart, and to sustain the action of the Planning Commission in approving Use Permit No. 1495 (Amended). Mayor Sansone opened the public hearing Massage/ to introduce a proposed ORDINANCE, Zoning being, (94/27) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BRACH MUNICIPAL CODE, SO AS TO ESTABLISH SPECIFIC PROVISIONS FOR THE LOCATION AND OPERATION OF MASSAGE ESTABLISHMENTS WITHIN THE CITY OF NEWPORT BEACH (PLANNING PCA 742 COMMISSION AMENDMENT NO. 742) Report from the Planning Department. The City Manager advised that the proposed Ordinance places massage parlors in a category requiring a Use Permit, and noted on January 14, 1991, the City Council adopted a 45 -day interim moratorium on the issuance of any permit for the institution of a now massage establishment, or the expansion of an existing massage establishment. This moratorium was extended twice pending the completion of a study on appropriate zoning regulations to Volume 46 - Page 10 r! oaca•.. a ;1__ • CITY OF NEWPORT BEACH MINUTES January 13, 1992 control the potential impacts of massage Planning/ establishments. As a result of a meeting Zoning held November 20, 1991, with the staff Massage and many of the proprietors from local massage establishments, staff is recommending the following changes to the draft ordinance: 1. The addition of a provision that reduces the fee for the processing of a use permit only for existing massage businesses that comply with the provisions of the new ordinance. The suggested fee would be $200, which would apply to all existing businesses that applied for a use permit as required by the new zoning ordinance on or before January 1, 1993. 2. The addition of a provision which allows the Planning Commission to extend the one year amortization a maximum of one additional year, subject to the following findings: A. That the business involves a substantial financial investment in real property, improvements or stock and trade; or B. The business is subject to a written long term lease entered into prior to January 14, 1990 with a termination date extending beyond one year from the effective date of the proposed ordinance; or C. That there are other factors in conjunction with the establishment of the business such that the business cannot be easily relocated. William J. Kopeny, Attorney representing 10 of 31 independent massage establish- ments, addressed the Council referencing a document dated January 13, 1992, submitted to the Council just prior to the meeting, objecting to the proposed Ordinance. He indicated that if the subject Ordinance is adopted, 13 of the 31 massage establishments would be out of business because of their location; be ineligible for a Use Permit, and that an additional 11 of those 31, would have to apply for a Variance based on other zoning requirements contained in the proposed Ordinance. In essence, of the 31 massage establishments currently in the City, 24 could be out of business, 13 would have to be out of business, and 11 might be denied Use Permits by the Planning Commission. He felt that it is the desire of the Planning and Police Departments to put as many independent massage establishments out of business. He stated that his clients are honest Volume 46 - Page 11 COUNCIL MEMBERS • Motion • X CITY OF NEWPORT BEACH MINUTES January 13, 1992 business people who have leases, pay Planning/ taxes, etc., and have not been convicted Zoning of any crimes, yet, they are being found Massage guilty of being fronts for prostitution by the vague or general allegations of the Police Department. He stated that the Planning Commission rejected the proposed Ordinance, indicating it was overly restrictive and did not accommodate many legitimate massage establishments within the M -1 -A District. He also stated the proposed amendments will not achieve the goal stated as the reason for making these changes in the law, and by putting these establishments out of business, it will not eliminate or significantly reduce prostitution in the City. Sherry Brown, 22207 Shady Rim, E1 Toro, addressed the Council in opposition to the proposed Ordinance. She stated she is a masseuse and general partner in Tropical Touch (near the Airport), and at Suite "E" (near Hoag Hospital). She stated she has been working in Newport Beach and in the massage business for eight years and a co -owner for over one year; that massage therapy is a difficult business because of the long hard hours; and she doesn't want to lose what she has invested in time and money. She cited various unpleasant incidents involving the Police Department during the last five years, and stated she felt the Police Department is encouraging landlords to not lease to massage establishments. She stated that none of her employees have ever been arrested, and she resents being treated like a criminal and harassed. She stated she has not come forward with respect to the abusive treatment by the Police Department because "they (the Police) have the power." She urged that the subject Ordinance not be adopted in its present form and that it be returned to staff for further review. Mr. Ropeny addressed Council again recommending the subject Ordinance not be adopted. He reiterated that his clients perceive the document as an intention on the part of the City to drastically reduce the number of massage establishments, and that many of those clients have made substantial investments in their operation which will not be adequately amortised over the two year period. Council Member Cox indicated he felt this issue needed further study, and therefore, moved to continue this public hearing to February 10, 1992, and direct the staff to meet with Mr. Fopeny, as well as other interested operators of massage establishments. Sherry L. Lynch, 2230 Ohio Ave., Signal Hill, Massage Therapist, addressed the Council in opposition to the proposed Ordinance. She stated she objects to Volume 46 - Page 12 MININ wi • Dyes • CITY OF NEWP0RT BEACH January 13, 1992 their operation being referred to as a "massage parlor" rather than a "massage establishment;" that the M -I -A zoning should be placed in the Ordinance as a legitimate location for massage establishments; and urged the Council to uphold the decision of the Planning Commission and not adopt the proposed Ordinance as presented. Michael Epstein, President, American Massage Therapy Association, addressed the Council in opposition to the proposed Ordinance. He said he has spent a great deal of money to get his education in massage therapy and resents the way in which he is being treated, including the mug shots and finger printing required. He stated he has over 1,000 hours as a massage therapist and considers himself a professional at helping people feel better about themselves. John Black, owner of A Place to Relax, addressed the Council and stated he felt there should be a clearer distinction between the definition of "adult entertainment people" and "health directed people" in the proposed Ordinance. He felt that by adding specific language clarifying the two, it would be easier for the City to get rid of prostitution. He stated he would be happy to work with staff on revisions to the proposed Ordinance. The motion was voted on and carried. Mayor Sansone opened the public hearing regarding, A. Proposed ORDINANCE NO. 91 -48, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE CASTAWAYS MARINA; AND THE ACCEPTANCE OF AN ENVIROMMUITAL DOCUMENT (PLANNING COMMISSION AMENDMENT 90. 743) request of The Irvine Company; B. TRAFFIC STUDY NO. 80 - A request to approve a traffic study so as to permit the construction of a 125 slip marina with support parking and accessory facilities in the Castaways Marina Planned Community; F.1 -11 Volume 46 - Page 13 MINUTES INDEX Planning/ Zoning Massage 94) 91 -48 743 £c Study COUNCIL MEMBERS ROLL CALL N • Motion All Ayes • • X X CITY OF NEWPORT BEACH January 13, 1992 C. RESUEDIVISION N0. 972 - A request to create one parcel of land for marina development in the Castaways Marina Planned Community. Property located at 300 Dover Drive, on the northeasterly corner of Dover Drive and West Coast Highway on the Castaways property. Report from the Planning Department. The City Clerk advised that after the agenda was printed, a letter was received from Edward Power, President, California Recreation Co., requesting this item be continued for four weeks, as it is their belief this extension of time will enable them to present a balanced project. In addition, the City Clerk advised that approximately 51 letters were received in opposition to the project after the agenda was printed, and three letters in support. Motion was made to continue this public hearing to February 10, 1992 as requested, but in addition, that staff clarify the placement of the bulkhead line and the pierhead line when this item is returned. Mayor Sansone opened the public hearing regarding SOURCE REDUCTION AND RECYCLING ELEMENT (SEEK), AND ACCEPTANCE OF NEGATIVE DECLARATION. Report from General Services Director. It was noted that the SERE Plan represents goals and actions to achieve the 25% and 50% diversion goals, and that some of the actions proposed in the documents have already been completed during the past year. Other programs in the source reduction, public education, and other chapters will be included in the 1992 -93 proposed budget of the General Services Department. Upon approval by the City Council, the SRRE document will be submitted to County staff to become a part of the County SRRE which is due by 1994. In response to question raised by Council Member Hedges relative to meeting the 25% and 50% goals, inasmuch as many residents are recycling their own aluminum cans, newspaper, etc., the General Services Director responded that it is a concern not only with residential waste, but commercial as well, and as a result, they are currently taking steps to document those materials that are already diverted from the waste stream. It is also a common complaint from the waste haulers. Hearing no one else wishing to address the Council, the public hearing was closed. Volume 46 - Page 14 MINUTES R7,14:4 Resub 972 Service/ (44) CITY OF NEWPORT BEACH MINUTES INDEX Motion x Motion was made to adopt Resolution No. Res 92 -8 All Ayes 92 -8 approving the City Source Reduction and Recycling Element, and accept Negative Declaration. 7. Mayor Sansone opened the public hearing Vacation/ regarding VACATION OF A PORTION OF GLEN Abandonment • DRIVE OF TRACT 673. Prtn Glen Report from Public Works Department. Drive (90) It was noted that a drainage easement will be reserved over the entire width of the vacated portion of Glen Drive in order to provide for maintenance of the existing drainage course. Glen Drive is also known as Buck Gully and is a natural canyon designated as recreation land environmental open space with no construction permitted within 25' of existing property lines. Therefore, Glen Drive (Buck Gully) will never be constructed. The six (6) lots adjacent to Buck Gully have always been "land locked" and the vacation of Glen Drive will have no effect on the "land locked" parcels, Lot Nos. 68, 69, 70, 71, 72 and 73. Letters have been sent to each property owner informing them of the public hearing for the proposed vacation of Glen Drive. Tom Rockefeller, 234 Hazel Drive, addressed the Council in support of the proposed vacation. Hearing no others wishing to address the Council, the public hearing was closed. Marlon x Motion was made to adopt Resolution No. Res 92 -9 All Ayes 92 -9 ordering vacation and abandonment of a portion of Glen Drive with a drainage easement reserved over the area to be vacated; and record subject resolution. PUBLIC COIDUM S: Mayor Sansone announced that Council IC /Circ Members Turner and Watt will be mprvm /0 -S conducting community outreach programs relative to The Irvine Company's proposed Circulation Improvement and Open Space Agreement in which eleven parcels within the City will be included in the development. The three outreach meetings will be held on Wednesday, January 15 from 7:00 to 9:00 p.m. at the Friends of Oasis; Thursday, January 16 from 7:00 p.m. to 9:00 p.m. at the Police Department meeting room; and on Wednesday, January 22 from 7:00 p.m. to 9:00 p.m. at Mariners Library. Everyone is invited to attend and voice their concerns. • Volume 46 - Page 15 COUNCIL M09ERS ROLL CALL N Motion All Ayes • • CITY OF NEWPORT. BEACH January 13, 1992 F. CONSENT CALENDAR: The following actions were taken, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: Schedule for public hearing on January 27, 1992 - (a) Proposed ORDINANCE N0. 92 -1, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH SPECIFIC NONCONFORMING PROVISIONS FOR RESIDENTIAL STRUCTURES AND USES WITHIN THE MILE SPECIFIC PLAN AREA (PLANNING COMMISSION AMENDMENT NO. 747). [Report from the Planning Department] Pass to second reading on January 27, 1992 (b) Removed from the Consent Calendar (refer to agenda item G. 1 for Council action) (c) Removed from the Consent Calendar (refer to agenda item G. 2 for Council action) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 92 -10 agreeing to participate in the ORANGE COAST REGIONAL CAREER CRIMINAL APPREHENSION PROGRAM; and authorize City Manager and City Clerk to execute Memorandum of Understanding, and authorize Police Chief to execute Operational Agreement. [Report from Deputy City Manager] (b) Resolution No. 92 -11 ordering the SUMMARY VACATION AND ABANDONMENT of a ten (10) foot width of unused easement for storm drain purposes crossing Lot 1, Tract 1218, 800 15th Street; accept a Quitclaim Deed from John and Jill Frei, and record with Orange County Recorder concurrently with subject Resolution. [Report from Public Works Department (c) Resolution No. 92 -12 approving CM PARTICIPATION IN STATE -LOCAL PARTNERSHIP PROGRAM for IRVINE AVENUE AT SANTIAGO DRIVE INTERSECTION IMPROVEMENTS, AND IRVINE AVENUE RBRABII=TION BETWEEN 16TH STREET AND SANTIAGO DRIVE [CONTRACT N0. 2641). [Report from the Public Works Director] Volume 46 - Page 16 MINUTES Rini Ej Drd 92 -1 Zoning (94) PCA 747 Orange Coast /Reg Career CAP Res 92 -10 C -2894 (38) Smry Vac/ Abandm. QC Deed Frei Res 92 -11 (90) Santiago Dr Intrs/ Improvms Irvine Av Rehab Res 92 -12 C -2641 (38) CITY OF NEWPORT BEACH COIL MEMBERS MINUTES CRLL\ \ \ \ \ \ \�\ January 13, 1992 INDEX (d) Resolution No. 92 -13 establishing P.E.R.S a special account relative to Emply Cntr EMPLOYER CONTRIBUTIONS TO P.E.R.S. Res 92 -13 [Report from the City Attorney] C -563 3. CON YEA CTS/ (38) . (a) Award Contract No. 2850 to Nike CdM Wtr Mn Massnovich Construction, Inc. in Aley Rplcm the amount of $584,015 for CORONA C -2850 DEL MAR WATER MAIN AND ALLEY (38) PROGRAM. REPLACEMENT [Report from Public Works Department) (b) Award Contract No. 2888 to Atlas 0/C Colg Allied, Inc., in the amount of Sailg /Rwg $22,890 for CONSTRUCTION OF ORANGE Be Wtr Mn COAST COLLEGE SAILING A ROWING BASE WATER MAIN- PHASE II. PH II [Report from Utilities Department] C- 2888(38) (c) Approve Amendment to Contract No. HEC /Npt Pr 1920 (BEG Enterprises) for NEWPORT Cnsn Amnd/ PIER CONCESSION for operation of Tram small passenger tram. [Report C- 1920(38) from Deputy City Manager] (d) Award Contract No. 2879 -A to WS Util Yrd CONSTRUCTION, INC. in the amount Expnsn of $79,400 for DEMOLITION AND PH I ROUGH ORADING - UTILITIES YARD C- 2879 -A EXPANSION, PHASE I. [Report from Utilities Department] (38) (e) Approve Consultant Agreement Wynn Cnslt between City of Newport Beach and Agm Robert L. Wynn. [Report from the C- 2484(38) City Attorney] (f) Award Contract No. 2881 to JDC Bal Pkg General Engineering Co., for the Lot Imprvm total bid price of $51,972 for C -2881 BALBOA PARKING LOT IMPROVEMENTS. (38) [Report from the Public Works Department] 4. COMMUNICATIONS - For referral as indicated: (a) To Historical Committee for Hist Ad response, letter from Newport Pier Hoc Cmte Association requesting City (24) Council designate as a HISTORICAL PRESERVATION District, the entire area bounded by the McFadden Square Assessment District boundaries. (b) To Planning Department for Planning inclusion in the records, letter (68) from Villa Balboa Community Association, and Gregory Miles, regarding HOAG HOSPITAL RASTER PLAN EIR. (c) To Fire Department for response, Fire /Weed letter from Helen Kreutzkamp, 2961 Abatment Cliff Drive, regarding WEED (41) • ABATBMM in the area of homes above Avon Street. Volume 46 - Page 17 IO_ i 0 X CITY OF NEWPORT BEACH MINUTES January 13, 1992 (d) To Airport Ad Noe City Council Airport Committee for response, letter Ad Hoc from Holly H. Maloney regarding Cmte aviation fuel tanks at JOHN WAYNE (24) AIRPORT. (e) To Planning Department for action, Planning letter from Department of Housing (68) and Community Development regarding review of Newport Beach's DRAFT HOUSING ELEMENT AMENDMENT relating to Chapter 1451, Statutes of 1989. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR ID - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Ronald M. Briles, Jr., alleging Briles „Tr. damage to vehicle as a result of being hit by City truck on December 18, 1991 at PCH and Avocado Avenue. (b) Cosby Gallery, alleging property Gallery damage as a result of break in City's water main on October 31, 1991 at 3404 Via Oporto. (c) Brandon Hawkins, alleging personal Hawkins injuries due to excessive force by undercover Police officer on July 4, 1991. (d) Robert Elenck, alleging damage to Klenck vehicle as a result of fallen parking meter at Via Lido, on October 13, 1991. (e) Jeffrey S. Lauber, alleging his Lauber vehicle was legally parked and sideswiped by City truck on October 22, 1991 on 43rd Street. (f) Jobn T. Prickitt, seeking Prickitt reimbursement of tire alignment as a result of hitting hole in street during week of November 18 -24, 1991 on Jamboree and Ford Road. (g) Rafael Ruis, alleging his vehicle Ruiz was towed in error from private property on November 24, 1991 at Superior and 17th Streets. (h) Jacqueline Schwalbe, alleging Schwalbe personal injuries as a result of fall into unmarked hole on October 31, 1991 at s/w corner of Via Genoa and Piazza Lido. (i) Michael Smyth, alleging personal Smyth injuries as a result of being attacked by undercover Police officer on July 4, 1991. (j) Sportfishers Unlimited, alleging Sportfish- flood damage to personal property ers Unlmtd as a result of break in City water main at 3400 Via Oporto. Volume 46 - Page 18 a a r.r • • � ; January 13, 1992 7. 8. .I1�1 I (k) Helen Timpe, alleging property Timpe damage, etc., as a result of accident on November 15, 1991 on Jamboree Road. (1) Antonio Velez, alleging personal Velez injuries as a result of knee cut due to raised sprinkler top on December 14, 1991 at Peninsula Park. (m) Stephen J. Biggs, alleging damage Wiggs to vehicle as a result of large depression in roadway surrounding man -hole cover on December 22, 1991 at Jamboree Road and PCH. (n) David Bantle and Well Kepner, Wintle/ seeking indemnity as a result of Kepner accident on June 8, 1990 at Jamboree Road and PCH. (o) Aileen L. Vim=, alleging Police Wixom Department damaged gate on November 24, 1991 at 4731 Surrey Drive. SUNHONS AND C - For denial and confirmation of the City Clerk's referral to the claims adjuster: None. REQUEST TO APPROVE/FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Animal Control Officer, Police Department. (b) One Police Officer, Police Department. (c) One Police Dispatcher, Police Department. (d) One Refuse Worker II, General Services Department. (e) One Literacy Coordinator. Library Department. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the General Services General Director recommending DONATION OF Sexv CITY SURPLUS ITEMS to Cabo San (44) Lucas. PUBLIC HEARING SCHEDULING - None. RRSUBDIVISIOH NO. 960 - Accept the offer Resub 960 of dedication of a five (5) foot radius (84) corner cut -off at 42nd Street on the northeasterly corner located at 4110 River Avenue in West Newport. (Report from the Public Works Department] Volume 46 - Page 19 • • 9L January 13, 1992 12. BALBOA PENINSULA AND BALBOA ISLAND ALLEY REPLACEMENT PROGRAMS, COLLINS AVENUE STORM DRAIN, 33RD AND 34TH STREETS STORM DRAIN REPLACEMENT (CONTRACT NO. 2866) - Approve the plans and specifications; snd authorize the City Clerk to advertise for bids to be be opened at 11:00 a.m. January 30, 1992. [Report from the Public Works Department] 13. ACCEPTANCE OF MCFADDEN SQUARE STREET IMPROVEMENTS (CONTRACT NO. 2780) - Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from the Public Works Department] 14. ACCEPTANCE OF NEWPORT SHORES PARR (0- 2791) - Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from the Public Works Department] 15. TRACT NO. 14162 - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 14162; and authorize the City Clerk to release the Faithful Performance surety (Release $8,000 from the Letter of Surety & Commitment of Funds from City National Bank); and authorize the City Clark to release the labor and material surety (Release the remaining $8,000 from the Letter of Surety & Commitment of Funds for City National Bank) in six months provided no claims have been filed. [Report from the Public Works Department] TRACT M0. 14028 - Approve the Improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 14028; and authorize the City Clerk to release the Faithful Performance Bond (Bond No. 2043785), and Labor and Material Bond (Bond No. 2043785) in six months provided no claims have been filed. [Report from the Public Works Department] SPECIAL EVENTS APPLICATIONS - Uphold staff's recommendation to approve the following applications, subject to conditions listed in the staff report. (Report from Revenue Manager /Finance Department) (a) Application No. 91 -432 for Newport Harbor High School PTA for temporary street closures Heritage Run 2R /5E run & walk, 16th Street, Dover Dr, Irvine Ave & Rings Road, on 10/03/92 from 7:00 a.m. to 10:30 a.m. Volume 46 - Page 20 MINUTES Bal Pnsla/ Bal Is Imprvms C -2866 (38) McFadn Sq St Imprvms C -2780 (38) Npt Shrs Park C -2791 (38) Tract 14162 14028 91 -432 • Motion All Ayes • CITY OF NEWPORT BEACH January 13, 1992 (b) Application No. 91 -442 - Removed from the Consent Calendar (refer to agenda item G. 3 for Council action) MINUTES Apl 91 -442 (c) Application Mo. 91 -443 Apl 91 -443 Newport Pier Assn /J. Ursini for use of public beach for volleyball tournament at 24th Street & Ocean front on 1/18 & 1/19/92 from 9:00 a.m. to 3:00 p.m. (d) Application No. 91 -455 for Apl 91 -455 Arthritis Foundation for temporary street closure for 10% run & 5R walk at Back Bay Drive from 6:00 a. M. to 12:00 p.m., December 5, 1992. 18. HARBOR YffitMYT APPLICATION 90. 120 -2414 - Uphold staff's recommendation to approve permit subject to conditions in the staff report, application of Paul Trautwein to revise the commercial floats bayward of 2410 Newport Boulevard. [Report from the Marine Department) 19. BUDGET AMENDMENTS - For approval: BA -036, 95,250 - Decrease In Unappropriated Surplus and increase in Budget Appropriations to provide additional funds for appraisal services for UPPER CASTAWAYS AND NEWPORTER NORTH, due to unforseen time required on archaeological and other mitigation matters; General Fund. BA -037, 950,000 - Transfer in Budget Appropriations for CORPORATE YARD NETHANE RECOVERY CAPITAL PROJECT to provide for City Hall Fumigation, Electrical Work, roofing maintenance and other unforseen maintenance; General Fund. Report from the Assistant City Attorney regarding proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.50 OF THE NEWPORT BRACH MUNICIPAL CODE PERTAINING TO MASSAGE Notion was made to bring the proposed Ordinance back on February 10, 1992, at which time a proposed Ordinance relating to the location and operation of massage establishments will be considered. Volume 46 - Page 21 Harbor Permit 120 -2414 (51) (40) (27) CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL \ \ \��� January 13, 1992 • Motion All Ayes • Motion All Ayes X X 2. Report from the City Attorney regarding proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SUBSECTION 6 OF SECTION 1.12.020 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ISSUANCE OF CITATIONS BY THE GENERAL SERVICES DEPARTMENT. Notion was made to combine proposed Ordinance No. 91 -50 (H -1 on the agenda), with the above Ordinance; reintroduce as amended; and pass to second reading on January 27, 1992. 3. Report from the Revenue Manager recommending approval of SPECIAL EVENTS APPLICATION NO. 91 -442, Pier Assn/Rex Chandler, for use of amplified sound during surfing contest, classic car show, band, at oceanfront parking lot, McFadden Square on 3/14/91 from 6:00 a.m. to 5:00 p.m. Council Member Hedges summarized the proposed event, and noted that if the function is approved, it is recommended by staff that two uniformed police officers be hired to monitor the event. It is also requested by the applicant that the parking fees be waived. Bill Schonlau, President, Newport Pier Association, addressed the Council and stated that their Association does not have the funds to hire two uniformed police officers as recommended, and requested the City underwrite that cost for this first -time event. Council Member Hedges stated he felt that events such as the one under consideration are important to the community, and therefore, moved to approve Special Events Application No. 91 -442, including amplified sound, and to approve the request to waive the parking fees and underwrite the cost of two uniformed police officers. ORDINANCES FOR ADOPTION: Proposed ORDINANCE MO. 91 -50, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF H6WPORT BEACH AMELMIING SECTION 1.12.020 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAIN = TO THE AUTHORITY OF PUBLIC OFFICERS OR EMPLOYEES (REVENUE NAMAGER) TO ISSUE CITATIONS. Recycled report dated December 3, 1991 from the Assistant City Attorney. Refer to agenda item F -1(c) and G. 2 for Council action. Volume 46 - Page 22 MINUTES INDEX yunicipal. Code Rvsn (53) Special Event Permit Apl 91 -442 (27) Ord 91 -50 Muni Code Rvsn (53) COUNCIL MEMBERS '1 M• � Motion All Ayes Motion All Ayes on Ayes X X X CITY OF NWORT BEACH January 13, 1992 2. Proposed ORDINANCE N0. 91 -53, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING THE OCEAN FRONT BOARDWALK USES. SAFETY PROGRAM. Recycled report dated December 9, 1991 from the Ocean Front Walk City Council Ad Hoc Committee. Letter from Henry and Nary Alice LeFebvre opposing the proposed Ordinance. Motion was made to adopt Ordinance No. 91 -53. I. CONTINUED BUS S: 1. APPOINTMENTS BY THE CITY COUNCIL TO CITIZENS ADVISORY COMMITTEES for a one- year term ending December 31, 1992: Notion was made to confirm the following appointments: Bicycle Trails Citizens Advisors Committee (District 1) Council Member Hedges' appointment of Joseph DeCarlo. Environmental Quality Affairs /Citizens Advisory Committee (District 1) Council Member Hedges' appointment of Mark J. Kerslake. 2. Report from the City Attorney regarding APPLICATION OF THE EMERGENCY TANNING ORDINANCE TO % -OTIC TAN SATAN. The City Attorney advised that LJ%, Inc., using the trade name, "K -otic Tan," operates tanning salons which offer live modeling, and sales of lingerie. On November 25, 1991, and again on December 9, the Council adopted interim urgency ordinances prohibiting the establishment of such businesses in Newport Beach pending completion of a Planning Study. LJK contends the ordinance does not apply to their proposed operation because they filed business license and live entertainment permit applications before the effective date of the emergency ordinance. Their office advised LJK that the ordinance did apply to them, but agreed to submit the matter to the Council for direction. The City Attorney stated that he has explained in his memorandums of January 8 and 13, 1992, why he felt the moratorium does apply to IJR. Notion was made to approve recommends - tious contained in said reports of the City Attorney. CURRENT BUSINESS: None Volume 46 - Page-23 MINUTES INDEX Ord 91 -53 Ocean Front Boardwalk (24) CAC Adv Cmtes Bicycle Trails Envirnmtl Quality Planning/ (68) COUNCIL MDKRS ROLL • • CITY OF NEWP0RT, BEACH January 13, 1992 PRESENTATION OF FLAGS TO CITY MANAGER ROBERT L. WYNN: Mayor Sansone presented two flags to the City Manager, noting that the American flag was flown over the U.S. capitol on August 2, 1991, at the request of Congressional Representative Chris Cox, to commemorate the twenty -year anniversary of Mr. Wynn's tenure as City Manager of Newport Beach. The flag was then flown over Newport Beach City Nall complex on December 30, 1991, Mr. Wynn's final full day as the City Manager of Newport Beach. Included with the American flag is a certificate signed by the architect of the Capitol Building certifying the authenticity of this flag and its testimony. The City of Newport Beach flag was flown with the American flag over City Nall on December 30, 1991. Meeting adjourned at 9:45 p.m. to 2:00 p.m., January 24, 1992 to meet in closed session. The agenda for this meeting was posted on January 9, 1992, at 8:25 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volm 46 - Page 24 MINUTES