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HomeMy WebLinkAbout02/24/1992 - Regular MeetingPresent x x Motion All Ayes Motion All Ayes is Motion All Ayes CITY OF NEWPORT BEACH MINUTES REGULAR CGU�CIL MEETING �O PLAQE: Cov�p Chambers RIME: 7:0U0 cil P.M. DATE: February 24, 1992 x x x x x x X x Mayor Sansone presented a Proclamation recognizing February 28, 1992 as *-rTERACY AWARENESS DAY in the City of Newport Beach, to Donna Daniel, City of Newport Beach Acting Coordinator with Literacy Volunteers, and Chris Calcinari, Coordinator for the Literacy Spelling Bee Contest. A. ROLL CALL. B. Reading of Minutes of Meeting of February 10, 1992, 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: �1Mi� 11 aEl 1. Mayor Sansone opened the public hearing CPA 91 -3(F) regarding GENERAL PLAN AMENDMENT No. 91- Housing 3(F). A proposed amendment to the Element Housing Element of the General Plan which consists of an analysis and (45) program for preserving assisted housing developments as required by State Law. Report from the Planning Department. The City Manager advised that at the City Council meeting of December 9, 1991, the Council approved, in concept, the draft amendment. The Council also directed staff to forward the amendment to the State Department of Housing and Community Development for their required 45 -day review. Following their review, a letter was sent to the City and is attached to the staff report. He referenced Exhibit "A" which will be inserted as page 37A of the Housing Element designating the project name and location of the Assisted Housing Analysis, i.e. Newport North, 2 Milano Drive @ Jamboree, and Seaview Lutheran Plaza, 2900 Pacific View Drive (Senior Citizens only). In addition, the text on page 101 of the Housing Element will be amended to reflect Program 13 - Preservation of Existing Low Income Housing, as set forth in the staff report. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. Res 92 -17 92 -17, approving CPA 91 -3(F), being an amendment to the Housing Element of the General Plan as required by State Law. PUBLIC COMMEMTS: Pete Weissman, representing Vietnam Vets Reunited, addressed the Council and read a prepared statement requesting approval to hold a flag raising ceremony on behalf of all those that remain listed as prisoners of war and /or missing in action. Volume 46 - Page 53 • Motion All Ayes • r a r r« X �f- CITY OF NEWPORT BEACH February 24,1992 There being no objections, the Mayor referred the subject request to staff for report and recommendation. 2. Council Member Hedges cited the following quote from the Wall Street Journal: "Government typically issues a mandate that starts with a germ of a good idea and then codifies it to death with endless regulations." 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 -18 approving STATE MAINTENANCE AGREEMENT FOR HIGHWAYS 1 AND 55 (payment from CalTrans for street sweeping and litter removal services). [Report from the General Services Department] (b) Resolution No. 92 -19 approving Employment Agreement between City of Newport Beach and Kevin J. Murphy. 3. CONTRACTS /AGREEMENTS: (a) Approve Rental Credit for NEWPORT PIER CONCESSIONAIRE (H.E.G. Enterprises), CONTRACT NO. 1901. [Report from the Deputy City Manager] 4. COMMUNICATIONS - For referral as indicated: None. 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) John Patrick Hausmann, alleging false arrest, etc., as a result of bicycle accident on August 12, 1991 at Hoag Hospital. (b) Lynn Newton, alleging property damage on October 31, 1991 in alley behind 1407 N. Bayfront as a result of break in City water main. (c) Dawn B. Ogden, alleging trip and fall due to hole in sidewalk on Via Lido Nord and Via Dijon on November 11, 1991. Volume 46 - Page 54 I+ii.111 a 9 dP,al A State/ alTrans 'wy 1/55 es 92 -18 (38) Kevin J. Murphy /Agm Res 92 -19 (38) .G. /Npt r Cncsn 901 CITY OF NEVORT BEACH COLMIL MEKEE MINUTES ROLL � \� \ \ '1(t, \ \�\ February 24, 1992 • i • 7. g 19. (d) Hilde Sugimoto, alleging damage to Sugimoto vehicle as a result of being rear - ended by City dump truck on February 6, 1992 at PCH and Dover Avenue. (e) Mr. 6: Mrs. Robert McQuiley, McQuiley alleging property damage as a result of tree roots blockage in pipes at 303 Crystal Avenue. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Eugene Iabriola, for damages, Labriola Orange County Superior Court Case No. 680181. Claim was denied by City Council on December 9, 1991. (b) Helen Timpe, for personal injuries Timpe and damages, Orange County Superior Court, Case No. 680719. Claim was denied by City Council January 13, 1992. REQUEST TO APPROVE/FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Survey Party Chief, Public Works Department. (b) Two Police Officers, Patrol Division. (c) One Building Maintenance Worker I, Recreation Division. (d) One Account Clark, Revenue Division, Finance Department. STAFF AND COMMISSION REPORTS For Council information and approval: (a) Report from the Assistant City Massage Attorney regarding MASSAGE Tech Prmt TECHNICIAN PERMIT REVOCATION. (27) (b) Removed from the Consent Calendar (refer to agenda item number G.3 for Council action). For Council information and filing: (c) Report to the City Manager Planning regarding ACTIONS TAKEN BY THE (68) PLANNING COMMISSION ON FEBRUARY 6, 1992. (d) Memorandum from the CIRCULATION Circltn/ BUILDOUT AD HOC COMMITTEE advising Bildout of the unanimous recommendation d /HocCmt that the City Council not place a (24) bond issue on the June 1992 ballot. Volume 46 - Page 55 COUNCIL MEMBERS • • • �� �f CITY OF N$TPORT BEACH MINUTES February ;,4, 1992 10. Public Hearing Scheduling - March 9, 1992: (a) PLANNING COMMISSION AMENDMENT NO. PCA 749 749 - A proposed amendment to the (94) NEWPORT PLACE PLANNED (UNITY DEVELOPMENT STANDARDS so as to redesignate 11,458 square feet of existing development entitlement for an athletic club, to be used for office use, on property located in PROFESSIONAL AND BUSINESS OFFICES SITE 5 OF THE NEWPORT PLACE PLASM COMMUNITY. (Report from the Planning Department] 11. GENERAL PLAN AMENDMENT MD. 92 -1 - Removed from the Consent Calendar (refer to agenda item G.4 for Council action). 12. TRACT NO. 14055 - Approve the Tract 14055 improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 14055 located at 1100 East Coast Highway, on the northeasterly corner of East Coast Highway and Jamboree Road, in the Villa Point Planned Community; authorise the City Clerk to release the Faithful Performance Bond (Bond No. 09- 12-91); and authorise the City Clerk to release the labor and Materials Bond (Bond No. 09- 12 -91) in six months provided no claims have been filed. [Report from the Public Works Department] 13. 1990 -91 STREET MISCELLANEOUS 90 -91 St RECONSTRUCTION AND RESURFACING PROGRAM Misc Rcnst (C -2810) - Accept the work; authorise Rsrfcg Prg the City Clerk to file a Notice of C -2810 Completion, and release the bonds 35 (38) 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. OASIS IMPROVEMENTS (CONTRACT NO. 2773) - Oasis Impr Approve granting a 14' x 16' easement to C -2773 the Southern California Edison Company (38) over a portion of the OASIS property for a transformer to serve OASIS. [Report from the Public Works Department] 15. HARBOR PERMIT APPLICATION N0. 124 -611 - Removed from the Consent Calendar (refer to agenda item comber G.1 for Council action). 16. HARBOR PERMIT APPLICATION NO. 124 -611 - Removed from the Consent Calendar (refer to agenda item comber G.2 for Council action). Volume 46 - Page 56 ;R_ i`■ • • Motion All Ayes Motion All Ayes is COUNCIL MEM M x x CITY OF NEWPORT BEACH MINUTES g� \\ February 24, 1992 INDEX 17. SPECIAL EVENTS APPLICATION - Uphold Special staff's recommendation to approve the Events Apl Vista Del Lido Corporation, requesting Special Events Application No. 91 -435 91 -435 (Sea King Rmrning Club) for temporary (27) In view of the foregoing, motion was street closure, 5K Run, Jamboree Road, made to receive and file the above MacArthur Boulevard and Birch Street, 2. Report from the Marine Department May 31, 1992,, from 8:00 - 10:00 a.m. , recommending approval of COMMERCIAL Per /Fun Zn subject to conditions listed in the (51) commercial activities permit currently staff report. [Report from Revenue held by Fun Zone Boat Company at 700 Manager /Finance Department] 18. HARBOR PBBMTP APPLICATION NO. 151 -1001 - Harbor Per U ld staff's recommendation to approve Apl 151 - agenda was printed, a letter was the application by Bob Seat to revise 1001 the residential float and pier bayward regarding the subject application. of 1001 North Bay Front; subject to Upon recommendation of the City conditions listed in the staff report. action on this item to March 9, 1992. [Recycled report dated February 10, 1992 3. Status report from the Public Works Council from the Marine Department] Plcy L -14 19. BUDGET AMENDMENTS - For approval: CITY COUNCIL POLICY L -14, OCEANFRONT None. C. ITEMS REMOVED FROM THE CONSENT CAI=)AR: 1. Report from the Marine Department Harbor Per recommending approval of HARBOR PERMIT Apl 124 -611 APPLICATION No. 124 -611 by Vista del (51) Lido Corporation to revise the bulkhead bayward of 611 Lido Park Drive, subject to the conditions in the staff report. The City Clerk advised that after the agenda was printed, a letter was received from Margaret Young, agent for Vista Del Lido Corporation, requesting the subject application be withdrawn until further notice. In view of the foregoing, motion was made to receive and file the above application. 2. Report from the Marine Department Cmcl Harbr recommending approval of COMMERCIAL Per /Fun Zn HARBOR ACTIVITIES PERMIT to transfer a (51) commercial activities permit currently held by Fun Zone Boat Company at 700 Edgewater to Catalina Passenger Service, Inc., subject to the conditions in the staff report. The City Clerk advised that after the agenda was printed, a letter was received from Doug Boyd, President, Balboa Peninsula Point Association regarding the subject application. Upon recommendation of the City Attorney, motion was made to defer action on this item to March 9, 1992. 3. Status report from the Public Works Council Department on OCEAN FRONT ENCROACHMENT Plcy L -14 PROGRAM and recommended modifications to (69) CITY COUNCIL POLICY L -14, OCEANFRONT ENCROACHMENT POLICY. Volume 46 - Page 57 CITY OF NEWPORT BEACH CMKIL MEMBERS ROLL CRLL Motion x Ayes x x x x x x Abstained x • • • February 24, 1992 Notion was made to defer action on this item to March 9, 1992, in order for the City Attorney to review the report with the Coastal Commission staff, as well as investigate the possibility of an encroachment near 30th Street and West Ocean Front. 4. GENERAL PLAN AMENDMENT NO. 92 -1 - Report from the Planning Department recommending the City Council sustain the recommendations of the Planning Commission to initiate Amendments A, B. and C, and direct staff to proceed with the preparation of any necessary environmental documents and set for public hearing before the Planning Commission for the following: A. 498 Park Avenue and 203 Agate Avenue: A request of Evelyn Smith Cornell, Trustee for the H. Pease Family Trust to amend the Land Use Element of the Newport Beach General Plan and the Local Coastal Program land Use Plan to change the land use designation from Retail and Service Commercial to Two Family Residential. B. Fee Tel Site: A request of Resco Development to amend the Land Use and Housing Elements of the Newport Beach General Plan to redesignate the site at the corner of Bison Avenue and Camelback Street from Retail and Service Commercial to Multi- Family Residential and to allow a density of 30 dwelling units per acre with the standard 20% affordable housing component. Old Newport Boulevard: A request of Owen Kinney to amend the Land Use Element of the Newport Beach General Plan to allow Residential /Commercial mixed use in the island portion of the Old Newport Boulevard Specific Plan Area. In reference to Item C above, the City Clerk advised that after the agenda was printed, a letter was received from Owen Kinney, applicant, transmitting a sampling of the responses to a recent poll in support of his request for mixed -use zoning in the "island" area of Old Newport Boulevard. In addition, a letter was received from Albert and Lois Irvin opposing the proposed amendment. Volume 46 - Page 58 MINUTES CPA 92 -1 (45) leiim CITY OF NEWPORT BEACH February 24, 1992 MINUTES 92 -1 Council Member Hart commented that due to the number of property owners in the - "island" area supporting Mr. Minney's request for mired -use, as well as other interested residents throughout the City, she would like to not initiate this General Plan Amendment at this time • as recommended, but rather pursue the Specific Area Plan study within the neat three months. She also stated that the Planning Department has in their 1992 -93 budget, a request for funding of an economic feasibility study of the commercial areas in the City, and it would be her hope that the results from the economic study can be incorporated into the study of the Specific Area Plan. The Planning Director indicated it would be staff's intention to pursue the Specific Area Plan study only after the economic feasibility study is completed. The City Manager commented that if it is the desire of the City Council to pursue the economic feasibility study prior to budget approval in June, a budget amendment could be prepared for a future Council meeting. Council Member Turner spoke in support of proceeding with a budget amendment for the economic feasibility study at this time. Council Member Cox indicated he • concurred with Council Member Turner regarding the importance of the economic feasibility study, but also cautioned the Council with respect to proposed AQMD transportation control measures, which could require cities to look at land uses that are much more "pedestrian friendly" than what is typically seen today, and it is this type of guideline that might have an influence on not only the subject area, but other areas throughout the City. The Planning Director summarized a few of the major projects his office is currently working on, i.e., 1) Specific Area Plan for Central Balboa, 2) Specific Area Plan for Mariners Mile, 3) Historical Sites study, 4) Noise Element, etc., and stated if it is the Council's desire to move ahead with the Specific Area Plan for the subject area, he felt it would be more than 3 to 4 months before the staff could begin the project. Motion x Following consideration, motion was made to direct the staff to proceed with a Specific Area Plan study for the Old • Newport Boulevard area. Volume 46 - Page 59 MINUTES 92 -1 Motion • Motion • CITY OF NEWPORT BEACH February 2Y4, 1992 Gwen Kinney, applicant, addressed the Council in support of his request for a General Plan Amendment. He stated he came before the Council in 1988 on this issue, and that as a result of a recent poll he conducted, 142 people favor the request for mixed -use and only two property owners are in opposition. He stated the residents in the area want a community that is not congested with traffic, and that he has waited 1 -1/2 years before bringing this matter back to the Council. He also does not feel a Specific Area Plan study is needed prior to initiating the General Plan Amendment and urged the Council to proceed with his request at this time. Council Member Hedges stated that in view of the number of supporters for the proposed mixed -use referenced by the applicant, and inasmuch as the City Council has seen only a sampling of the responses to the poll conducted by Mr. Minney, he would move a substitute motion to continue this item for two weeks to allow the applicant to present that additional data as well as any other information deemed appropriate. Council Member Watt indicated her support of Council Member Hart's motion to pursue the Specific Area Plan prior to initiating a general plan amendment for the subject area. Following discussion, the Planning Director suggested that the Council proceed with the initiation of a Specific Area Plan for Old Newport Boulevard, but also direct the staff to look at any expanded residential area, and bring back to the Council at such time as the Specific Area Plan is nearing some type of a consensus, the kinds of amendments that need to be initiated in order to put this General Plan Amendment /Specific Area Plan together in one convenient package. Council Member Plummer spoke in support of Council Member Hart's motion, stating she felt the Specific Area Plan would accomplish a number of things, as an example, "is mixed -use on the 'island' good planning?" She also felt the Specific Area Plan would tie everything together, and that it was important to look at what it is that will work best in the subject area. At this time Council Member Cox moved a substitute, substitute motion to initiate the proposed General Plan Amendment as requested for Old Newport Boulevard, including modification of the Specific Area Plan to accommodate desired uses and modify the Specific Area Plan boundaries as required. Volume 46 - Page 60 MINUTES INDEX ;PA 92 -1 w •Ayes Motion All Ayes • Motion All Ayes x �� �f CITY OF NEWPORT BEACH February 24, 1992 It was also indicated that a resolution would be forthcoming to the Council in two to four weeks, establishing the Specific Area Plan Ad -Roc Committee, as well as the budget amendment for the economic feasibility study. The substitute, substitute motion was voted on and carried. a. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 92 -2 being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MEUPORT BEACH MUNICIPAL CODE, SO AS TO ESTABLISH SPECIFIC PROVISIONS FOR THE LOCATION AND OPERATION OF MASSAGE ESTABLISHMENTS WITHIN THE CITY OF NEWPORT BEACH [PIANNING COMMISSION AMENDMENT NO. 7421. Recycled report dated February 10, 1992 from the Planning Department. The City Manager summarized the proposed ordinance as enumerated in the staff report, and referenced a map on display showing the areas where massage establishments are.permitted within the City, subject to securing a use permit. Motion was made to adopt Ordinance No. 92 -2. 2. 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 [PLANNING COMMISSION AMENDMENT NO. 743 - REQUEST OF THE IRVINE COMPANY). Report from the Planning Department. It was noted that the proposed ordinance sets forth the application procedures for a P -C, and describes the required components of the P -C Development Plan. The applicant has substantially revised the proposal to lower the number of marine slips to 71, and the actions by the City Council on February 10th included certification of EIR No. 138, and approval of a Traffic Study and Resubdivision. In response to question raised by Council Member Hart regarding disposal of dredging materials, the staff noted that they shall be carried out in accordance with the provisions of the Grading Ordinance and be subject to approval of the Building and Planning Departments. Motion was made to adopt Ordinance No. 91 -48. Volume 46 - Page 61 MINUTES 1.a Ord 92 -2 Zoning/ Massage Establishm (94/27) Ord 91 -48 Castaways Marina Zoning (94) eW" 0 Motion All Ayes Motion •Ayes • COUNCIL MEMBERS X Ix 9'r, CITY OF NEWPORT BEACH 24 I. CONTINUED BUSINESS: 1. Letter from Newport Beach Aquatics Booster Club requesting Financial Assistance for NEWPORT HARBOR HIGH SCHOOL POOL BUILDING, with recycled report dated February 10, 1992 from the Budget Committee. The City Clerk advised that after the agenda was printed, a letter was received from Jim de Boom regarding the subject request. It was noted by Mayor Pro Tem Turner, Member of the Budget Committee, that the City has already funded this project in the amount of $155,000. He gave an overview of his findings of the partially constructed building upon his visit to the site, and in conclusion, made a motion to approve a loan in the amount of $14,000 to be paid back to the City over a three year period. It was indicated by staff that a budget amendment and agreement would be on the next agenda for approval. J. CURRENT BUSINESS: 1. BICYCLE TRAITS CITIZENS ADVISORY COMMITTEE VACANCY. Accepted with regret the resignation letter from Chad Napier, and deferred to March 9, 1992, (District 6) Mayor Sansone•s appointment to fill the unexpired term ending December 31, 1992. Meeting adjourned at 8:25 p.m. tk Yt tk YM tk Yt !r * yr * it The agenda for this meeting was posted on February 20, 1992 at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Bnil ing. 14ayor Volume 46 - Page 62 MINUTES Npt Harbor High Schl Pool Bldg/ PB &R (62) /CAC (24)