Loading...
HomeMy WebLinkAbout02/10/1992 - Regular MeetingCITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: February 10, 1992 ROLL CALL Present x x x x x x x Motion x All Ayes Motion All Ayes C X A. ROLL CALL. B. Reading of Minutes of Adjourned Meetings of ,January 24 and 25: Adjourned and Regular Meetings of January 27, and Adjourned Meetings of February 1 and 3, 1992, was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions order consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Sansone opened the continued public hearing regarding proposed ORDINANCE, 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 PROVISIONS FOR THE LOCATION AND OPERATION OF MASSAGE ESTABLISHMENTS WITHIN THE CITY OF NEWPORT BEACH (PLANNING COMMISSION AMENDMENT NO. 742). Report from the Planning Department. Signed petition with signatures of businesses who have no objection to the continued operation of the Shangri La Spa at 4320 Campus Drive. It was noted that at the January 13, 1992 City Council meeting, this item was continued pending further study of the proposed amendment. The Council directed staff to meet with William J. Kopeny, an attorney representing several independent massage establishments, as well as other interested operators of massage establishments. After discussing this matter with Mr. Kopeny and various massage establishment operators, and reviewing other uses that are permitted in the M -1 -A District, the City Attorney's Office has recommended that massage establishments also be permitted in the M -1 -A District, subject to the securing of a use permit. The proposed ordinance has been revised accordingly, and now reflects that massage establishments will be allowed in the C -0, C -1, C -2, and the M -1 -A zones. Forty of the forty -three massage establishments in the City fall into the above zones. The three massage establishments not in the subject zones are located in the Cannery Village/ McFadden Square area. The use permit fee for these massage establishments will be $200, and would apply to all existing businesses that applied for the use permit on or before January 1, 1993, unless said period is extended by the Planning Commission. Volume 46 - Page 43 MINUTES �uia (94/27 742 • • Motion All Ayes is CITY OF NEWPORT BEACH February 10, 1992 Paul Musser, Governmental Relations Chairman, American Massage Therapy Association, addressed the Council indicating he felt further clarification of the proposed ordinance was needed prior to Council action, and suggested the document be tabled. John Black, owner of A Place to Relax, addressed the Council in support of including the M -1 -A zone in the proposed ordinance, but also requested the Council defer action until more massage therapists had an opportunity to give their input. The City Attorney commented that his office has conducted at least two general meetings with all current massage operators licensed with the City regarding the proposed ordinance amendments. This issue has also been before the Planning Commission and City Council on two separate occasions. He stated he is concerned that some people feel there is a "hidden agenda" on the part of the City with respect to this subject, which is totally false. The proposed ordinance was prepared over a period of seven months with input from those in the massage therapy business. Lonna.Smit:h, owner of Shangri La Spa at 4320 Campus Drive, addressed the Council in support of the proposed ordinance inasmuch as her business will be allowed to remain in the M -1 -A zone. Bearing no others wishing to address the Council, the public hearing was closed. Motion was made to Introduce ORDINANCE NO. 92 -2, and pass to second reading on February 24, 1992. Mayor Sansone opened the continued 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 ENVIRONMENTAL DOCUMENT (PLANNING COMMISSION AMENDMENT NO. 743) [REQUEST OF THE IRVINE COMPANY]; ;li MINUTES Ord 92 -2 Ord 91 -48 Zoning (94) B. TRAFFIC STUDY NO. 80 - A request Trfc Stdy to approve a traffic study so as No. '80 to permit the construction of a 71 slip marina with support parking and accessory facilities in the Castaways Marina Planned Community; AND Volume 46 - Page 44 • • X, �f CITY OF NEWPORT BEACH MINUTES February 10, 1992 INDEX C. RESDBDIVISION NO. 972 - A request Resub 972 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. Letters from the following in opposition to the project: Mrs. T. W. Beliakoff, Judith J. Hastings, Maureen Shrubsole, Alan L. Blum, Dean and Meredith Meiling, Elizabeth Stillman, Steve Dexter, Continental Coach Corp employees: Richard D. Orellano, Traci Matthews, Kelly Barloza, Rennie Perkins, Dennis Guadan, and Danny Aguinlin, Pete DeSimone, Terry Noble- Sanders, Thomas Wiessler, Elliott C. Mercer, Bill Griffin, Lisa Fransen Boehm, Sheila K. Neathery, Darrell L. Creamer, Mary M. Kessler, and Virginia Kvinge. The City Clerk advised that after the agenda was printed, a report was received from the Harbor Quality Citizens Advisory Committee regarding the proposed project. Ed Power, President, California Recreation Company, representing The Irvine Company, addressed the Council and introduced Jerry King, Consultant, who gave an overview of the proposed Castaways Marina. Mr. King stated that the proposed marina will consist of 71 boat slips, the required parking, restaurant facilities, Public access and public viewing areas, all of which were part of the original marina. They feel this marina, as presented, will provide for the interest of all of those individuals concerned, and will represent the interests expressed by the City Council, as well as the mitigation measures required by the Coastal Commission. He referenced a document dated February 3, 1992, "A Summary of the Revised Draft Biological Mitigation Plan for the Loss of Mudflat and Shallow Subtidal Habitat," as well as an accompanying aerial view of the proposed marina and surrounding areas. Under the proposed 71 boat slip marina design, in -bay dredging will remove a total of 0.55 acres of wildlife habitat. This loss will be mitigated by the restoration of 2.09 acres of degraded habitat on Shellmaker Island. This restoration effort will compensate for in -bay habitat loss associated with the Castaways Marina project at a mitigation ratio of 3.8 to 1. Volume 46 - Page 45 11MI CITY OF NEWPORT BEACH Febrnary.10, 1992 MINUTES Castaways Marina/ Zoning In response to questions raised by Council Member Cox, Mr. King stated that the site for the proposed marina is privately owned by The Irvine Company, and the new marina will have fewer boat slips than the original marina. He also • clarified the proposed mitigation plan for Shellmaker Island. Patricia L. Temple, Advance Planning Manager, stated that since this project was last before the City Council, some concerns were raised as to the portrayal of not yet adopted harbor lines on the exhibits for this project. This issue was also a concern of the staff when the design of the marina showed slips very close to potential new harbor lines. Since the marina proposal now shows all slips within the upland owned by The Irvine Company, the issue of proximity to potential harbor lines is not important, and it is therefore suggested that if the revised proposal is approved by the City Council, the following revisions 'be made: 1) Delete mitigation measure No. 66 (page A -11 of the resolution exhibit); and 2) Revise the marina layout exhibit included in the P -C text to eliminate the proposed 200 foot wide access channel and 20 foot setback lines (handwritten page 46). In response to question raised regarding removal of dredge spoils, Ms. Temple replied that the EIR provided for removal to Off -Shore Disposal in L.A. No. 3, to Coyote Canyon landfill, or other inland disposal locations. It was also indicated by Mr. King that only commercial streets would be used for transporting the dredge spoils out of the City. The following persons addressed the Council in support of the revised project: Edwin Amyes, 311 Morning Star Lane Frank Robinson, 1007 Nottingham Road Carl Kymla, 1800 Sabrina Terrace Edward Lund,704 Orchid Avenue Richard Demmer, 2812 Cliff Drive Daniel Parsons, 518 -1/2 Marigold Avenue, addressed the Council and stated he rows frequently in Back Be y and supports minimal development in the area. He also suggested that there be increased enforcement of speed limits, • etc., in the area due to the number of boaters using the Bay. Hearing no one else wishing to address the Council, the public hearing was closed. Volume 46 - Page 46 MINUTES Castaways Marina/ Zoning Motion All Ayes • I i x CITY OF NEWORT BEACH MINUTES February 10, 1992 INDEX ]Lotion was made to: Castaways Marina/ (a) Adopt Resolution No. 92 -15, Zoning accepting, approving and Res 92 -15 certifying Final Environmental Impact Report No. 138; (b) Nake the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; (c) Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; (d) With. respect to the project, find that. although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement of Overriding Considerations, are acceptable; (e) Reintroduce Ordinance No. 91 -48; and pass to second reading on February 24, 1992; and (f) Sustain the action approving a modified plan and approve Traffic Study No. 80 and Resubdivision No. 972. Council Member Watt indicated bar on- going concern relative to discharge into the Bay, and emphasized the language in Condition No.32 which states as follows: "For the life of the project, the project applicant shall provide each marina tenant with information regarding procedures for notifying appropriate authorities regarding spills of hazardous materials, containment measures, and applicable penalties for violations as a part of lease materials." Volume 46 - Page 47 P i 1 30: r« my • Motion All Ayes • • X CITY OF NEWPORT BEACH February 10, 1992 B. PUBLIC COMMENTS: Council Member Hedges read a letter withput comment which had appeared in the Orange County Register newspaper entitled "Progress in the Schools." F. CONSENT CALENDAR: The following actions were taken, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 92 -16 authorizing the purchase of Emergency Vehicle Pre - emption (EVP) equipment at the signalized intersection along Irvine Avenue and Jamboree Road. [Report from the Fire Chief and Public Works Director] 3. CONTRACTS/AGREEMENTS: (a) Removed from the Consent Calendar (refer to agenda item G.2 for Council action). (b) Award CONTRACT M0. 2866 FOR BALBOA PENINSULA AND BALBOA ISLAND ALLEY REPLACEMENT PROGRAMS, COLLINS AVENUE STORM DRAIN, 33RD AND 34TH STREETS STORM DRAIN REPLACEMENT to Kennedy Pipeline Company of Laguna Hills, California for the total bid price of $508,665.20. [Report from Public Works Department] (c) Award CONTRACT NO. 2879 -B FOR UNDERGROUND UTILITY RELOCATION NEWPORT BEACH UTILITIES YARD EXPANSION, PHASE I to Universal Pacific Corporation, Inc., in the amount of $107,108. [Report from the Public Works Department] (d) Approve AGREEMENT to provide and maintain AFFORDABLE HOUSING REGARDING TRACT NO. 12105. [Report from the City Attorney] (e) Approve recommendation by the City Attorney for minor Amendments to CONTRACT NO. 2823 - LIBRARY EXCHANGE AGREEMENT. [Report from the City Attorney] 4. COMMUNICATIONS - For referral as indicated: (a) To Planning Department for reply, request from Yuretta L.orman, Santa Ana Heights property owner, for inclusion in the City of Newport Beach SPHERE OF INFLUENCE FOR ANNEXATION. Volume 46 - Page 48 MINUTES Veh rrfc Sgrils Res 92 -16 (85) Pnsla/ Is 4Aly Ave /34th Strm Yrd 12105 Co Agm COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES \\\ February 10, 1992 INDEX (b) To Marine Department for response, Marine Dpt letter from Ryan M. Macias (51) requesting that the 'BlACR9AT3 SYSTEM be reviewed for the year - round water enthusiasts. (c) To Public Works /Traffic Trfc Sgnl/ Engineering for inclusion in the Cliff /Dove records, letter from Ronald L. (85) Meer in favor of placing a TRAFFIC SIGNAL AT THE INTERSECTION OF CLIFF DRIVE AND DOVER STREETS IN NEWPORT BEACH. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Mr. and Mrs. Michael Bas seeking reimbursement of plumbing service charge as a result of City tasting water in area of 1507 Lincoln Avenue on January 16, 1992. (b) Pamela and Jeffrey L. Deis seeking reimbursement of cleaning fee caused by graphite used by Police Officer while taking fingerprints from robbery at 2069 Vista Del Oro on December 12, 1991. (c) Application to present late claim - Lisa Eliman alleging parked car hit by City Refuse Truck at 2179 Santa Ana Avenue on March 25, 1991. (d) Application to present late claim - Shirley Powers alleging personal injuries as a result of Police Officer turning left into claimant's traffic lane, causing both cars to collide into center divider on the Pacific Coast Highway on June 19, 1991. (e) Mr. and Mrs. Charles E. 2ideli alleging sewer blockage on City property caused sewer to back up and overflow into their residence at 4332 Shorecrest Lane on December 31, 1991 and January 2, 1992. FOR REJECTION: (f) Late claim of William W. Green - Removed from the Consent Calendar (refer to agenda item G.3 for Council action). SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Gary W. Shofstall for damages, etc., Orange County Superior Court, Casa No. 637836. Claim was denied by City Council on May 14, 1990., Volume 46 - Page 49 11 � i ; is r a•.. 0 i • .f CITY OF NEWPORT BEACH February 10, 19512 S. REQUEST TO APPROVE/FILL PERSONNEL VACANCIES: (Report from the City Manager) None. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Memorandum from the Board of Library Trustees with proposed amendments to consolidate Comcil Policies 0 -4 and 0 -2; 0-7 and 0-5; and 0-9 and 0-8. (b) Memorandum from the Traffic Affairs Committee recommending approval of revised design standards for ROAD BUMPS. (c) Removed from the Consent Calendar (refer to agenda item G.4 for Council action). (d) Report from the Budget Committee concerning additional building funds for NEWPORT HARBOR HIGH SCHOOL POOL. For Council information and filing: (e) Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON JANUARY 23, 1992. 10. PUBLIC HEARING SCHEDULING - February 24, 1992: (a) GENERA PLAN AMENDMENT 91 -3(F) - A proposed amendment to the Housing Element of the General Plan which consists of an analysis and program for preserving assisted housing developments as required by State Law. [Report from the Planning Department] 11. HARBOR PERMIT APPLICATION 151 -1001 - Removed from the Consent Calendar (refer to agenda item C.1 for Council action). 12. COMMERCIAL HARBOR ACTIVITIES PERMIT - Uphold staff *s recommendation to renew the permit by Newport Beach Barge Company to allow the installation of a bait receiver in the Newport Harbor Channel entrance, subject to Conditions of Approval listed in staff report. [Report from the Marine Department] 13. SPECIAL EVENTS APPLICATIONS - Uphold staff's recommendation to approve the following applications, subject to conditions in the staff report [Report from the Revenue Manager, Finance Department]: Volume 46 - Page 50 MINUTES INDEX 0- 2,4,5,7, 8 & 9'(69) Trfc /Rd Bumps (85) HSchl (62) CPA 91 -3(F) (45) 1) e Dpt Hrbr Barge Moo • Motion All Ayes Motion All Ayes Motion All Ayes • COUNCIL MEMBERS x CITY OF NEWPORT BEACH MINUTES Cif February 1.0, 1992 INDEX (a) Application No. 91 -476 - Apli No. Harbor View Elementary 91 -476 School request for street closure for 9th Annual Spirit Run 5K 6 10K Run and Walk, Newport Center Drive, on February 23, 1992, 6:00 - 10:30 a.m. (b) Application No. 92 -010 - Apli No. Loral Aeronutronic /S. T. 92 -010 Johnson request for temporary street closure for 1, 5, and 10K Runs, Annual Spring Tunsup, Loral site, Ford- Jamboree- Bison - MacArthur, May 2, 1992, 6:00 - 10:30 a.m. 14. BUDGET AMENDMENTS - For approval: (40) BA -039, $62,721 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for technical assistance to complete Draft Environmental Impact Report for CIRCULATION IMPROVEMENT AND OPEN SPACE Agreement; General Fund. BA -040, $5,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations to provide for additional. funds for the Newport Harbor High Aquatic Center; Parks, Beaches and Recreation Fund. C. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Marine Department Harbor recommending approval of HARBOR PERMIT Perm Apli APPLICATION 151 -1001 (subject to No. 151 - conditions listed in the staff report) 1001 by Bob Seat to revise the residential float bayward of 1001 North Bay,Front. (51) The City Clerk advised that after the agenda was printed, a letter was received from Peter Swift, representing the applicant, requesting this item be continued to February 24, 1992. Notion was made to defer action an the above item as requested. 2. Report from the Public Works Department PW /Engr recommending approval of ENGINEERING Agm /PCH AGREEMENT FOR PACIFIC COAST Npt B1 HIGHWAY/NEWPORT BOULEVARD INTERCHANGE IMPROVEMENT STUDY with IVA Engineers. Intrchg (74) x Notion was made to refer the subject item back to staff for farther study. x 3. Upon recommendation of the City Claims/ Attorney, motion was made to reject that Green portion of the William W. Green claim (36) that is based on events that occurred more than 180 days prior to the date of filing (January 27, 1992); and deny that Volume 46 - Page 51 n 0 Motion All Ayes • x s- CITY OF NEWPORT BEACH February 10, 1992 portion of the subject claim based upon events occurring within 180 days from the date of filing (Jannary 27, 1992) - regarding late claim of William W. Oreen alleging constant harassment by City Police Department and Code Enforcement Officials from November 1990 and continuing. 4. Report from General Services Director concerning HOUSEHOLD HAZARDOUS WASTE KLEMM (HHWE). Mayor Sansone stated he removed this item from the Consent Calendar to point out that the subject proposal is a result of the California Integrated Waste Management Act of 1989 and will financially burden the City in the future. Motion was made to accept the Household Hazardous Waste Element as recommended. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. None. J. CURRENT BUSINESS: None. Meeting adjourned at 8:10 p.m. The agenda for this meeting was posted on February 4, 1992 at 9:00 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. [ATTEST: Mayor i i� Volume 46 - Page 52 MINUTES 1 1117 GS /Haz Wst (44)