HomeMy WebLinkAbout03/23/1992 - Regular MeetingA �
Present
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CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:00 P.M.
DATE: March 23, 1992
Mayor Sansone introduced and welcomed new City
Manager Kevin J. Murphy.
A. ROLL CALL.
B. Reading of Minutes of Meeting of
March 9, 1992, was valved, approved as
written, and ordered filed.
C. Reading in fall of all ordinances and
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. PROPOSED ORDINANCE NO. 92 -3,
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 PLANNED COMMUNITY
DISTRICT REGULATIONS AND ADOPT A
PLANNED COMMUNITY DEVELOPMENT PLAN
FOR HOAG HOSPITAL. THE PROPOSAL
WOULD BE TO ESTABLISH RFGU,TIONS
AND DEVELOPMENT STANDARDS FOR THE
LONG TERM BUILD -OUT OF ACUTE AND
NON -ACUTE HEALTH CARE FACILITIES.
THE PROPOSAL ALSO INCLUDES AN
AMENDMENT TO DISTRICTING MAPS NO.
22 AND 22 -A SO AS TO REDISTRICT
THE HOSPITAL PROPERTY FROM THE A-
P-H AND U (UNCLASSIFIED) DISTRICTS
TO THE P -C (PLANNED COMMUNITY
DISTRICT); AN AMENDMENT TO CHAPTER
20.02 OF THE NEWPORT BEACH
MUNIICIPAL CODE SO AS TO AMEND THE
BRIGHT LIMITATION ZONES NAP AND
THE LEGAL DESCRIPTION OF THE 26/35
FOOT HEIGHT LIMITATION DISTRICT TO
PLACE THE LOWER CAMPUS WHOLLY
WITHIN THE 32/50 FOOT BRIGHT
LIMITATION DISTRICT; AND THE
ACCEPTANCE OF AN ENVIRONMENTAL
DOCUMENT (PLANNING COMMISSION
AMENDMENT NO. 744);
EL
B. PROPOSED ORDINANCE HO. 92 -4,
being,
AN ORDINANCE APPROVING DEVELOPMENT
AGREEMENT NO. 5 FOR THE HOAG
HOSPITAL MASTER. PLAN BETWEEN THE
CITY OF NEWPORT BEACH AND HOAG
MEMORIAL HOSPITAL PRESBYTERIAN;
F:Vly
C. TRAFFIC STUDY NO. 81. A request by
Hoag Hospital to approve a Traffic
Study so as to permit the
construction of Phase I of the
Hoag Memorial Hospital master plan
of development;
LE E
Volume 46 - Page 78
MINUTES
Ord 92 -3
Hoag Hsptl
Zoning
(94)
PCA 744
Drd 92 -4
Hoag Mstr
Pln /Dvlp
Agm No. 5
Zoning
(94)
Trfc Stdy
No. 81
XIX
IX I
XI
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:00 P.M.
DATE: March 23, 1992
Mayor Sansone introduced and welcomed new City
Manager Kevin J. Murphy.
A. ROLL CALL.
B. Reading of Minutes of Meeting of
March 9, 1992, was valved, approved as
written, and ordered filed.
C. Reading in fall of all ordinances and
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. PROPOSED ORDINANCE NO. 92 -3,
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 PLANNED COMMUNITY
DISTRICT REGULATIONS AND ADOPT A
PLANNED COMMUNITY DEVELOPMENT PLAN
FOR HOAG HOSPITAL. THE PROPOSAL
WOULD BE TO ESTABLISH RFGU,TIONS
AND DEVELOPMENT STANDARDS FOR THE
LONG TERM BUILD -OUT OF ACUTE AND
NON -ACUTE HEALTH CARE FACILITIES.
THE PROPOSAL ALSO INCLUDES AN
AMENDMENT TO DISTRICTING MAPS NO.
22 AND 22 -A SO AS TO REDISTRICT
THE HOSPITAL PROPERTY FROM THE A-
P-H AND U (UNCLASSIFIED) DISTRICTS
TO THE P -C (PLANNED COMMUNITY
DISTRICT); AN AMENDMENT TO CHAPTER
20.02 OF THE NEWPORT BEACH
MUNIICIPAL CODE SO AS TO AMEND THE
BRIGHT LIMITATION ZONES NAP AND
THE LEGAL DESCRIPTION OF THE 26/35
FOOT HEIGHT LIMITATION DISTRICT TO
PLACE THE LOWER CAMPUS WHOLLY
WITHIN THE 32/50 FOOT BRIGHT
LIMITATION DISTRICT; AND THE
ACCEPTANCE OF AN ENVIRONMENTAL
DOCUMENT (PLANNING COMMISSION
AMENDMENT NO. 744);
EL
B. PROPOSED ORDINANCE HO. 92 -4,
being,
AN ORDINANCE APPROVING DEVELOPMENT
AGREEMENT NO. 5 FOR THE HOAG
HOSPITAL MASTER. PLAN BETWEEN THE
CITY OF NEWPORT BEACH AND HOAG
MEMORIAL HOSPITAL PRESBYTERIAN;
F:Vly
C. TRAFFIC STUDY NO. 81. A request by
Hoag Hospital to approve a Traffic
Study so as to permit the
construction of Phase I of the
Hoag Memorial Hospital master plan
of development;
LE E
Volume 46 - Page 78
MINUTES
Ord 92 -3
Hoag Hsptl
Zoning
(94)
PCA 744
Drd 92 -4
Hoag Mstr
Pln /Dvlp
Agm No. 5
Zoning
(94)
Trfc Stdy
No. 81
I
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
IM
March 23, 1992
D. VARIAPCE MO. 1180. A request by
Hoag Hospital to exceed the Base
FAR of 0.5 up to the maximum FAR
of 0.65 consistent with the
provisions of the General Plan
Land Use Element and Chapter
20.07.040 of the Newport Beach
Municipal Code. Lower campus
located at 4000 West Coast
Highway, on the northerly side of
West Coast Highway, between
Newport Boulevard and Superior
Avenue. Upper campus located at
301 Newport Boulevard, on the
southwesterly corner of Hospital
Road and Newport Boulevard.
Report from the Planning Department.
Letters from the following objecting to
noise /pollution /increased height:
Annette Thompson, Diana Forest, William
S. Jennings, Carole Westman, Harold W.
Stewart, H. T. (Tom) Lennon, Jr., Susan
B. Seifert, Jo Anne D. Burns, Editor of
The Friends of Cat -tail Cove," and Gil
Martinez.
Letters from the following in favor of
the project: John E. Sloan, John
Heffernan, Ray N. Gibbs, Douglas F.
Schneider, David L. Roberson, Mrs. M. A.
Manderbach, Ada G. Bless, Terry Anne
Callahan, Robert J. Shackleton, Evelyn
Bogner, Marietta A. Warren, Gretchen L.
Fisher, Alexandra Shaffer, Dartha Sell,
Cheryl Jaffe, Mrs. V. de Reynal, Robert
F. Bonner, James Glabman, and Dennis
O'Neil.
The City Clerk advised that after the
agenda was printed, letters were
received in support of Hoag Hospital's
request from the following: Kirk S.
Elliott, Burr Allegart, Benjamin B.
Wright, Daniel M. Livingston, Ethel
Cate, Ruth B. Nelson, M. Cassinnatis,
Carol N. and William M. Jacobs, Jr.,
Richard C. Elliott, Mr. and Mrs. Robert
J. Eichenberg, Barbara Forteville, Bill
Grundy, Bob and Ellen Wilcox, Genevieve
and Forest Holbrook, W. Keusder, Bob
Callahan, Charles and Leanne Hofmann,
Mr. and Mrs. Edward Sharp, Daniel and
Peggy Clark, Richard H. and Lynette
Berg, Helen Shepardson, Richard R.
Luehrs, Leo and Janice Petrocchi, Mark
E. Krugman, Thomas L. Sutro, William R.
Somers, Thomas P. Riley, Andrew L.
Youngquist, and Jackie Heather.
In addition, letters were received from
the following expressing specific
concerns: Louise S. Greeley, Alex
Cormack (plus photos depicting Hoag's
service road traffic), William S.
Jennings and Lars C. Hanson, Shirley
Laskin, Robert B. Tribe, Charles E.
Holmes,and Chancy M. Lott and Vicki
Heston -Lott.
Volume 46 - Page 79
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. 1180
CITY OF NEWPORT BEACH
March 23, 1992
Mayor Sansone announced for the benefit
of those in attendance as well as those
viewing this telecast, that following
specific presentations this evening
relative to Hoag Hospital's request, the
public hearing will be continued to 6
p.m., Monday, March 30, 1992 for
additional presentations and public
testimony.
Patricia L. Temple, Advance Planning
Manager, stated that when the City
amended the General Plan in 1988,
specific reference was made to Hoag
Hospital expansion (located on West
Coast Highway between Newport Boulevard
and Superior Avenue), and it was
designated as "governmental, educational
and institutional facilities" to allow
the expansion on the site. It also
stated in the General Plan that it would
be subject to the review and approval of
Planned Community District regulations
and a Development Plan. When the 1988
General Plan was considered by the
Coastal Commission for incorporation
into the Local Coastal Program, the
Commission refused to amend the City's
LCP for the Hoag Hospital site until
such time as the City and Hoag Hospital
went through the Planned Community text
and development plan process. As a
result, the existing LCP still
references the subject area as
"recreational and environmental open
space" for parking, public recreation
and visual environmental purposes with
expansion of Hoag Hospital facilities
also specifically accommodated on site.
Upon receiving that direction from the
Coastal Commission, the City and the
Hospital commenced preparation of the
Planned Community Development Plan and
District regulations, and is essentially
the document now under consideration.
Ms. Temple stated that the City's two
main considerations in the development
of a master plan, is that piece -meal
development reduces the ability to
conduct comprehensive and cumulative
impact analysis. The EIR and Master
Plan were able to assess the impacts of
the project as a whole or the
implication of the project once the
facility is built out fully, whereas if
the project were considered on a case -
by -case basis, only the impacts
associated with that specific project
would be considered. The project
proposed would rezone the entire
hospital property on both the upper and
lower campuses to the zoning
classification of Planned Community, and
in considering the Planned Community
text for Hoag Hospital, the Planning
Commission made some specific changes as
follows:
Required that landscaping on
exposed slopes be installed within
30 days of the completion of
grading.
Volume 46 - Page 80
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march 23, 1992
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2. Added the building bulk limit of
0.90 FAR for the lower campus
consistent with the provisions of
the General Plan Land Use Element.
3. Increased the setbacks on the west
side of the upper campus, on
®
Newport Boulevard and on West
Coast Highway.
4. Included building articulation
requirements on West Coast
Highway, and required view
corridors in some portions of.the
lower campus.
5. Required buildings on the lower
campus to have "clean" roofs (no
major mechanical equipment).
6. Required the screening of
mechanical and trash enclosures.
7. Required delivery and scheduling
controls on the service roads.
8. Required sound attenuation studies
and requirements for the main
loading dock area.
9. Required a Site Plan Review
process for certain setback
alterations.
10. Limited the term of the
Development Agreement to 25 years
from final approval by the
®
California Coastal Commission.
11. Required the initial mass grading
of the lower campus be
accomplished in a single
increment, and the installation of
perimeter landscaping.
12. Required a contribution to the
completion of the planned
bicycle /pedestrian bridge over
Superior Avenue.
13. Required grading and dedication of
the 0.8 acre view park, and the
payment of the costs of park
design and improvements.
14. Imposed 106 additional
environmental mitigation measures.
Subsequent to the action of the Planning
Commission, Hoag Hospital has indicated
a desire to alter one of the recommended
mitigation measures. The hospital has
provided information indicating that it
is not possible to restrict the hours of
operation of the sterilizer unit in the
loading dock area. The final Statements
of Facts, Findings and Conditions of
Approval will include an amended
condition no. 106, as follows:
The trash compactor in the loading
dock area adjacent to the service
access road shall be operated only
between the hours of 7:00 a.m. and
7:00 p.m. daily.
Volume 46 - Page 81
MINUTES
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COUNCIL MEMBERS
X
CITY OF NEWPORT BEACH
March 23, 1992
Michael Stephens, President, Hoag
Memorial Hospital Presbyterian, gave a
slide presentation which outlined the
following: present and future goals;
changes in programs since 1979; changes
in delivery of health care since 1979;
advanced technologies added since 1979;
Master Plan objectives; drawings of
upper and lower campuses and respective
use categories; public amenities (bike
trail, view park, improved public views,
bike bridge, PCH landscaping, wetlands
relocation /enhancement), West Newport
Development Land Use Plan amenities, the
planning process (compiling an
appropriate plan); hospital improvements
for neighbors, City Planning Commission
changes, and public benefits of the
Master Plan.
F. W. Evins, representing Hoag Hospital,
Design and Construction, discussed
Master Plan technical issues contained
in the EIR relative to geology, natural
bluffs, wetlands, public views, view
park, mass and density, critical care
surgery addition, and "density shift"
alternatives proposed by Villa Balboa
Homeowners Association. He stated that
the "density shift" alternative is
inconsistent with the land use density
for the General Plan (which involves the
suggestion of moving 50% of the lower
campus entitlement up to the upper
campus); functionally, the alternative
plan is not responsible or flexible;
environmentally, it is inferior to the
proposed plan as it would require
mitigation of the wetlands;
economically, it is more costly to the
hospital and thereby to the public; and
engineering -wise, the alternative plan
is "unworkable" and "unrealistic."
Mr. Stephens addressed the Council
again, emphasizing that the proposed
site is a "safe" environment and
mitigation can take place to assure
safety of the patients, employees and
the public who inhabit the buildings.
With respect to wetlands and a view
park, he asked "is there a compelling
public interest to be served by keeping
the wetlands in that particular
location ?" Also, what is the compelling
reason to preserve the four acres of
bluff top in order to provide a park
when the hospital has agreed to
establish a linear park to provide ample
opportunity for views? He stated that
if you were to take these two factors,
(wetlands and view park) you have
defined the only reason that exists for
the proposed "density shift" alternative
which, in his opinion, makes "no sense."
In conclusion, he recommended the City
Council approve their request as
modified by the Planning Commission.
In response to question raised by
Council Member Plummer, Mr. Stephens
stated that funding for this project
will come from hospital reserves or
generated from current patient charges.
Volume 46 - Page 82
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COUNCIL 'MEMBERS
XNW4 1
CITY OF NEWPORT BEACH
March 23, 1992
Volume 46 - Page 83
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Hoag Hsp1_1
Council Member Hart requested that the
applicant prepare a mock -up model of the
proposed project for presentation to the
Council on March 30.
Council Member Hart also requested that
staff prepare a site specific of the
®
wetlands for restoration off -site, to
which the Planning Director responded
that a list of potential sites would be
made available to the Council at the
March 30 meeting.
Council Member Hart further requested a
clearer delineation of the setbacks
along PCH, and to what extent the
setbacks can be used for, i.e., parking,
landscaping, etc. She would also like to
see the landscaping plan for Newport
Boulevard.
In response to question regarding view
enhancement, Mr. Stephens stated that
the elevation of the existing bluff will
be lowered, and that no building will
extend above that height. It is
estimated that the child care facility
will be 20 -25 feet below the bluff top.
With respect to the close proximity of
the hospital to the earthquake fault,
Mr. Evins stated that the critical care
unit will be approximately 45 to 46 feet
from a Villa Balboa building.
In reply to comment by Council Member
Watt, the City Attorney advised that he
®
has prepared a memorandum to the City
Council stating that, in his opinion,
there would not be a liability on the
part of the City relative to this
project.
At the request of Council Member Hedges,
Mr. Stephens defined "critical care."
Council Member Hedges also inquired as
to what the FAR would be under the
proposed "density shift" alternative, to
which Ms. Temple responded that it would
be approximately 1.325.
In reply to question of Mayor Sansone,
Mr. Stephens stated that the hospital is
averaging approximately 708 occupancy;
and that the average cost for a stay in
the hospital is $9,000. He also
explained why they selected the proposed
location for the critical care unit.
Mark Faulconer, Design Consultant
representing Villa Balboa Homeowners,
stated there are 450 homes within Villa
Balboa which represents approximately
1,000 residents. He stated they
recognize Hoag Hospital as one of the
finest medical institutions in the State
and support its continued commitment for
the improvement of health care
facilities of the community. However,
they do have some concerns with the
proposed development plan which he
outlined in a slide presentation
focusing on: wetlands preservation;
Volume 46 - Page 83
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Hoag Hsp1_1
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
.. 10410\0 * \ March 23, 1992
MINUTES
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MULL U1LL
hazards of methane and hydrogen sulfide
Hoag Hsptl
gas seepage; flowing ground water and
corrosive soils; construction concerns
due to proximity of earthquake faults
and mud slides; traffic and
transportation safety; visual aesthetics
of overall project and land use
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compatibility; bluff preservation; view
preservation, view park, and decline of
property values. He also discussed the
alternative plan proposed by Villa
Balboa and the community support for
that alternative plan.
In response to question raised by
Council Member Plummer relative to the
alternative plan proposed by Villa
Balboa to move approximately 50% of the
square footage from the lower campus to
the upper campus, the Planning Director
commented that the total amount of
development planned for the lower campus
is approximately 600,000 sq. ft. of
which approximately 73,000 sq. ft. was
used for the cancer and child care
centers. If approximately 250,000/
300,000 sq. ft. of development is moved
to the upper campus, the General Plan
would have to be amended to allow a
higher density of development on the
upper campus. In order to put that
amount of square footage all on the
upper campus, the setbacks would have to
be reviewed that were originally
proposed by Hoag and which were
eventually "pared" back by the Planning
Commission. In terms of being able to
do the mass grading up front, install
®
the view park, accept the contribution
for the construction of the bicycle
bridge over Superior Avenue, etc., he
felt the Council would have to look at
those costs again in terms of the costs
that would accrue to the hospital as a
result of having to tear down and
relocate some of their existing uses on
the upper campus in order to prepare the
site for that increased expansion.
With regard to the proposed problem of
methane gas as referenced by, Mr.
Faulconer, Council Member Turner
requested that the staff contact the
Cities of Norwalk, Wilmington and Santa
Fe Springs to determine if they have had
any problems with explosions, etc.
In response to question raised by
Council Member Hedges as to the hydrogen
sulfide gas mitigation referenced by Mr.
Faulconer, Mr. Faulconer stated that to
improve the situation and possibly make
it "safer," he would propose moving the
density away from the gas thereby
reducing the percentage. He also felt
gas censors will have to be placed in
the buildings in case any of the
mitigation measures fail. Council
®
Member Hedges also asked Mr. Faulconer
if he knew who will ultimately pay for
the view park, to which Mr. Faulconer
stated it is negotiable.
Volume 46 - Page 84
COUNCIL MEMBERS
UK"
Motion
AllAyes
E
X
CITY OF NEWPORT BEACH
March 23, 1992
Reference was made to the entrance of
the City -owned parking lot north of
Coast Highway on Superior Avenue, (which
can also be used by Hoag Hospital in the
future for a secondary right -turn only
access) and the staff was requested to
report back on March 30 as to whether or
not this is a "high accident" area; is
there room for an acceleration lane; or
would this location warrant a traffic
signal?
The staff was further requested to
report back as to the definition of a
coastal bluff and how it applies in this
instance, as well as a report on the
mitigations relative to the ground water
problem on the lower campus. In
addition, staff was directed to come
back with a report on the concept of one
long - linear, but lower, building to
protect view enhancement in the area.
William Jennings, 280 Cagney Lane, #108,
addressed the Council and stated he felt
that the proposed 25 -year development
agreement with Hoag Hospital was too
long a period without public review and
two few public benefits. He also felt
the size of the project, with loose
details, leaves the City in the dark,
and the cumulative impacts over the
proposed time frame cannot be predicted
with any degree of accuracy. He
suggested periodic public reviews with
each phase of development. He felt
there was too much density proposed for
the site; and building heights should be
lower than the cancer center height, and
even lower toward the ocean and bay to
provide unobstructed views from the park
and bikeway.
Hearing no other comments at this time,
motion was made to continue this public
hearing to 6:00 p.m., March 30, 1992.
PUBLIC COMMENT'S:
Council Member Hedges recognized former
City Manager Robert Wynn, and expressed
appreciation to him for his past 20
years of service to the City. He stated
that as the newest member of the City
Council, for the past 16 months Mr. Wynn
was immeasurably helpful to him in
learning the system and how things work.
He added that Mr. Wynn has a great deal
of patience, a depth of knowledge which
is unparalleled, and he considers Mr.
Wynn a good friend and wishes him the
best of luck in his retirement.
Mayor Sansone stated he would echo the
above remarks on behalf of the entire
City Council.
Council Member Hedges also congratulated
and welcomed new City Manager Kevin
Murphy and stated he was looking forward
to getting to know him better.
Volume 46 - Page 85
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COUNCIL MEMBERS
ROLL CRLL
Motion x
All Ayes
•
0
CITY OF NEWPORT BEACH
March 23, 1992
F. CONSENT CALENDAR:
The following actions were taken, except for
those items removed:
1. ORDINANCES FOR INTRODUCTION - Schedule
for public hearing on April 13, 1992:
(a) PROPOSED ORDINANCE NO 92 -6, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH SO AS
TO CONSIDER AMENDING TITLE 20 OF
THE NEWPORT BEACH MUNICIPAL CODE
SO AS TO INCLUDE THE ADDITION OF
THREE OR MORE BILT -TARn TABLES OR
THE USE OF MORE THAN TEN PERCENT
OF THE EXISTING "NET PUBLIC AREA"
OF A RESTAURANT FOR BILLIARDS USE,
AS A CHANGE IN OPERATIONAL
CHARACTERISTICS AS DEFINED IN
SECTION 20.072.010 OF THE
MUNICIPAL CODE (Planning
Commission Amendment No. 752).
[Report from the Planning
Department]
(b) PROPOSED ORDINANCE NO. 92 -7, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH TO
CONSIDER AN AMENDMENT TO TITLE 20
OF THE MUNICIPAL CODE SO AS TO ADD
THE FOLLOWING ITEMS TO THE POWER
AND DUTIES OF THE MODIFICATIONS
COMMITTEE: THE NUMBER. OF SIGNS
REGULATED BY THE MUNICIPAL CODE;
THE LOCATION OF ACCESSORY
BUILDINGS ON A BUILDING SITE• AND
THE INSTALLATION OF ROOF -TOP
ARCHITECTURAL FEATURES AND SOLAR
EQUIPMENT IN EXCESS OF PERMITTED
HEIGHT LIMITS (Planning Commission
Amendment No. 748). [Report from
the Planning Department]
12. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 92 -22, PROHIBITING
PARKING from 6:00 to 11:00 a.m.,
on Thursdays on the easterly side
of Avocado Avenue, between Pacific
Drive and Waterfront Drive.
[Report from Public Works/Traffic
Engineering]
(b) Resolution No. 92 -23, opposing
Governor's proposal to ELIMINATE
PROPERTY TAX REVENUES FOR
ENTERPRISE SPECIAL DISTRICTS.
[Letter from Orange County
Sanitation Districts]
(c) Resolution No. 92 -24, finding it
more economical to accomplish
needed repair work to the WEST
OCEANFRONT CHOIR FIELD with the
services of the contractor
currently constructing the Corps
of Engineers Santa Ana River
Project jettys, rather than
advertising for bids; and
Volume 46 - Page 86
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(94)
94)
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92 -6
752
92 -7
748
Prhbtn
92 -22
[Res 92 -23
(40)
(38)
Ocean -
Groin
it
92 -24
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\ \\ March 23, 1992
MINUTES
PW /Trnsp
Fndg Prgrms
Res 92 -25
(74)
GS /Disaster
Relief
Res 92 -26
(44)
Res 92 -27
(50)
Balboa Bus
Dist St
Imprm Stdy
C -2904
(38)
Muni Code
(53)
authorizing the repair work to the
groins at 44th, 48th and 52
Streets at a daily rate of $9,800
per letter of proposal from the
Kesler Corporation. [Report from
S
the Public Works Department]
(d) Resolution No. 92 -25, requesting
the Orange County Local
Transportation Authority and the
Board of Supervisors to include
within the ORANGE COUNTY 1992/93
COMBINED TRANSPORTATION FUNDING
PROGRAMS the improvement of
MacArthur Boulevard, Jamboree
Road, Westcliff Drive /17th Street
and Irvine Avenue Intersection,
and Airport Area Signal
Interconnect; direct the staff to
apply for funding under the
proposed programs for the various
projects as included in the City's
application package; and affirm
the Environmental Documentation
(Categorical Exemption) for the
Jamboree Road Rehabilitation
Project and Airport Area Traffic
Signal Interconnect Project.
[Report from the Public Works
Department]
(e) Resolution No. 92 -26, authorizing
the General Services Director to
make application for financial
Assistance for DISASTER RELIEF.
[Report from the General Services
Director]
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(f) Resolution No. 92 -27, proclaiming
the week of April 5 - 11, 1992, as
NATIONAL LIBRARY WEEK, and April
S. 1992, as CITY LIBRARY DAY.
3. CONTRACTS /AGREEMNTS:
(a) Authorize the Mayor and the City
Clerk to execute an Engineering
Agreement for BALBOA BUSINESS
DISTRICT STREET IMPROVEMENT DESIGN
STUDY with Robert Bein, William
Frost b Associates. [Report from
the Public Works Department]
4. COMMUNICATIONS - For referral as
Indicated:
(a) To staff for response, letter from
Newport Pier Association
suggesting recommendations to
amend the MUNICIPAL CODE
concerning mandatory fines for
excessive noise and disturbances,
and similar suggestions from West
Newport Beach Association
including minimum lot size
requirements for condo
conversions.
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5. COMMUNICATIONS - For referral to the
City
Clark for inclusion in the records:
None.
Volume 46 - Page 87
MINUTES
PW /Trnsp
Fndg Prgrms
Res 92 -25
(74)
GS /Disaster
Relief
Res 92 -26
(44)
Res 92 -27
(50)
Balboa Bus
Dist St
Imprm Stdy
C -2904
(38)
Muni Code
(53)
E
:7
CITY OF NEWPORT BEACH
March 23, 1992
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Klixabeth K. Backstrom alleging
damage to vehicle as a result of
Refuse truck rear - ending another
vehicle on February 6, 1992 at
Pacific Coast Highway and Dover.
(b) Laura Berbaum alleging damages to
automobile as a result of
condition of roadway on February
17, 1992 on Irvine Avenue between
University and Santiago.
(c) Costa Mesa,' City of alleging
damage to vehicle by Newport Beach
Police vehicle on October 25,
1991, on Newport Beach Freeway 55,
north of 405 Freeway.
(d) Virginia Day alleging damage to
large potted tree at 111 Lido
Nord, as a result of crew
installing sidewalk who used
liquid solution to clean their
equipment sometime in the fall of
1991.
(e) Eric S. Honbo alleging damage to
his vehicle when a street /stop
sign fell, denting and scratching
the right side of his car while
parked on the corner of 31st and
V. Balboa Boulevard the weekend of
March 7 and 8, 1992.
(f) Joan Kitchens alleging City Police
Department broke into their rental
unit on June 1991 at 2905 Broad
Street, damaging the door jam in
the upper and lower units.
(g) Kathleen Paradis alleging personal
injuries as a result of being hit
by City vehicle on Atlanta Avenue,
Huntington Beach on December 23,
1991.
(h) Leonard P. Perrault alleging
damage to his the windshield of
his vehicle as a result of gravel
left on Newport Boulevard,
Northbound on March 5, 1992.
(i) Ted M. Purcell alleging damage to
vehicle as a result of condition
of highway while exiting from
driveway at Pacific Coast Highway
near Port Theatre on February 23,
1992.
MINUTES
(36)
Backstrom
Berbaum
Costa Mesa
Paradis
Purcell
(j) Patrick T. Shay alleging he was Shay
detained by Police at Pacific
Coast Highway and Newport
Boulevard on October 4, 1991
without being arrested or charged
with a crime, and that his vehicle
was damaged by Police Department.
Volume 46 - Page 88
. 4 fu. yt2y:.4:«
F-1 Li
III
CITY OF NEWPORT BEACH
MINUTES
March 23, 1992
(k) Tight Quarters, Inc /Canadian Tight
Insurance Company alleging City Quarters
truck damaged their vehicle parked
at 16081 Construction Circle, W.
Irvine on November 4, 1991.
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 Utilities Specialist II,
Utilities Department, Waste Water
Division.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a)
Report from the Public Works
PW /Ford Rd
Department regarding FORD ROAD
Extnsn
EXTENSION AND REALIGNMENT
(74)
ENVIRONMENTAL IMPACT REPORT
COMMENTS (TCA EIR 4).
(b)
Report from the Air Quality Ad Noe
Transit
Committee directing staff to
Needs Stdy/
conclude the current TRANSIT NEEDS
DAVE Trnsp
STUDY BEING PERFORMED BY DAVE
TRANSPORTATION (CONTRACT NO.
C -2849
2849).
(38)
(c)
Report from the Fire Chief
Emerg Oper
recommending adoption of the
Pln /Fire
supplement (Disaster Response
(41)
Plan) to the Newport Beach
Municipal Code, Chapter 2.20,
Emergency Services, Section
2.20.060(F), EMERGENCY OPERATIONS
PLAN.
(d)
Report from the General Services
Council
Director recommending adoption on
Policy L -17
April 13, 1992 of proposed COUNCIL
(69)
POLICY L -17, ADOPT -A -BEACH
PROGRAM.
(e)
Report from the City Attorney
O/C-John
recommending execution of the
Wayne Arprt
Stipulation concerning Departure
Stlm Agm
Procedure Tests (JOHN WAYNE
AIRPORT SETTLEMENT AGREEMENT).
(54)
(f)
Removed from the Consent Calendar
(refer to agenda item G.1 for
Council action).
For Council information and filing:
(g)
Report to the City Manager
Planning
regarding ACTIONS TAKEN BY THE
(68)
PLANNING COMMISSION ON MARCH 5,
1992; and AGENDA FOR THE PLANNING
COMMISSION OF MARCH 19, 1992.
Volume 46 - Page 89
E
0
I
CITY OF NEWPORT BEACH
March 23, 1992
10. PUBLIC HURING SCHEDULING - April 13,
1992:
(a) MACARTHUR BOULEVARD WIDENING/BISON
AVENUE EXTENSION - Report from the
Public Works Department requesting
review of Final EIR No. 150,
prepared by the City of Newport
Beach to evaluate the
environmental impacts associated
with the proposed road
widening /extension.
11. SITE PLAN REVIEW NO. 61 - Approve a site
plan review agreement guaranteeing
completion of public improvements
required with Site Plan Review No. 61
(Resubdivision No. 387), located at 3636
East Coast Highway, on the northerly
corner of Poinsettia Avenue and East
Coast Highway, in Corona del Mar.
[Report from the Public Works
Department]
12. RESUBDIVISION NO. 939 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
located at 1900 West Balboa Boulevard,
in the Cannery Village/McFadden Square
Specific Plan, required with
Resubdivision No. 939; accept the offer
of dedication of a 15' radius corner
cut -off at the corner of 19th Street and
West Balboa Avenue for street purposes;
and accept the offer of dedication of a
one (1) foot strip of land along the
19th Street frontage for sidewalk
purposes. [Report from the Public Works
Department]
13. QUITCLAINING CITY'S INTEREST IN UNUSED
PROPERTY AT NORTHWESTERLY CORNER OF
BAYSIDE DRIVE AND EL PASEO DRIVE -
Located on the north westerly corner of
Bayside Drive and E1 Paseo Drive;
approve the Quitclaim Deed, reserving
therefrom for highway purposes, a strip
of land 20 feet wide along the
northeasterly side of Bayside Drive.
[Report from the Public Works
Department]
14. RESUBDXVISION NO. 973 - Corporate Plaza
Planned Community bounded by Farallon
Drive, Avocado Avenue, East Coast
Highway and Newport Center Drive,
located southerly of Fashion Island, in
Newport Center; accept the offers of
dedications as follows: an easement for
public utility purposes between Parcel
1 and Parcel 2 of Parcel Map 90 -361; an
easement for storm drain purposes as
shown in Parcel 2 of Parcel Map 90 -361;
an easement for water line purposes as
shown on Parcel Map 90 -361; a 20' wide
relocatible pedestrian/bicycle easement
as shown on Parcel Map 90 -361;
vehicular access rights to East Coast
Highway and MacArthur Boulevard and
accept the offer of vehicular access
rights to Avocado Avenue except at
street intersections and the two
Volume 46 - Page 90
MINUTES
B1 Wdng/
Bison Av
Extnsn
(74)
Site Pln
Rvw No. 61
(84)
939
(84)
operty/
yside/
Paseo Dr
3)
973
"I
u
0
COLKIL MEMBERS
01
CITY OF NEWPORT BEACH
March 23, 1992
approved driveways shown on Parcel Map
90 -361; and MacArthur Boulevard, Avocado
Avenue, East Coast Highway and San
Miguel Avenue for street and highway
purposes as shown on Parcel Map 90 -361
(City Clerk to sign map accepting the
dedications as offered). [Report from
the Public Works Department]
15. 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 -477 - National
multiple Sclerosis use of
amplified sound for 25/50 mile
bike ride, Newport Dunes and Back
Bay Road on July 25, 1992 from
7:00 a.m. - 4:00 p.m.
(b) Application No. 91 -478 - National
Multiple Sclerosis, temporary road
closure, 15K Walk, Back Bay to
Bonita Creek Park on April 5,
1992, 9:00 a.m. - 1:00 p.m.
(c) Application No. 92 -015, Cystic
Fibrosis Foundation, temporary
road closure, 10K Walk- A -Thon,
Back Bay Road, May 16, 1992, 8:00
a.m. - 1:00 P.M.
(d) Application No. 92 -026, Parks,
Beaches & Recreation Department,
temporary street closures, Corona
del Mar Scenic 5K 6 2 Mile Run and
Walk, Old Corona del Mar Streets
and Ocean Boulevard, June 6, 1992,
8:00 - 10:30 a.m.
(e) Application No. 92 -060, Calvary
Chapel, Christian Outreach Free
Concert, amplified sound,
Peninsula Park Gazebo, Main and
Oceanfront, April 18, June 13,
July 11, and September 5, 1992,
11:00 a.m. - 1:00 P.M.
16. BUDGET AMENDMENTS - For approval:
BA -045, $250 - Increase in Budget
Appropriations and Revenue Estimates to
provide for DONATION FROM THE EXCHANGE
CLUB OF NEWPORT HARBOR for the purchase
of special program supplies for the
Corona del Mar Community Youth Center;
Park 6 Recreation Fund. [Report from
the Parks, Beaches and Recreation
Director]
BA -046, $26,767.50 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations to provide for
ADDITIONAL APPRAISAL SERVICES FOR BEACOM
BAY UPDATE from December 6, 1991 to
March 3, 1992; Nondepartmental Fund.
Volume 46 - Page 91
MIMJTES
(27)
(62)
91 -477
91 -478
92 -015
92 -026
92 -060
ROLL CRLL
Dion
Ayes
Motion
All 'Ayes
Motion
All 'Ayes
,X4J ,W(='Wi3;1:12
X
X
X
CITY OF NEWPORT BEACH
march 23, 1992
G. ITEM REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Personnel Director
recommending NEW DRUG TESTING POLICY FOR
THE POLICE DEPARTMENT.
Notion was made to refer the subject
report back to staff for further review.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 92 -5, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ANEI9DING CHAPTER 5.50 OF THE
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO MASSAGE
ESTABLISHMENTS.
Recycled report from the Assistant City
Attorney dated March 3, 1992.
The City Clerk advised that after the
agenda was printed, a letter was
received from John Black, Chairman,
Legal Issues Committee, California
Federation of Massage, recommending the
language be amended in Section 5.50.050,
Item A, Paragraph 6 relative to separate
toilet facilities and separate dressing
facilities.
The City Attorney stated he had no
objection to the proposed minor changes,
and therefore, motion was made to adopt
Ordinance No. 92 -5, as revised.
I. CONTINUED BUSINESS:
1. Report from the City Attorney and Deputy
Marine Director concerning CATALINA
PASSENGER SERVICE APPLICATION TO
TRANSFER COMMERCIAL HARBOR ACTIVITIES
PERMIT.
Letter from Mason Roe in support of the
Fun Zone Boat Company to renew. its
lease.
Notion was made to continue the Catalina
Passenger Service, Inc. application to
April 13, 1992.
J. CURRENT BUSINESS:
1. Report from the Planning Department
regarding the establishment of an AD HOC
COMOIITTP.B FOR THE PREPARATION OF OLD
NEWPORT BOULEVARD SPECIFIC AREA PLAN.
The City Clerk advised that after the
agenda was printed, approximately 40
letters were received in support of
mixed -use zoning for the subject area,
and urging the City Council to expedite
the process.
Council Member Bart excused herself at this
time due to possible conflict of interest.
Volume 46 - Page 92
MINUTES
(66)
Ord 92 -5
Estblms
(27)
Catalina
Cmcl Prmt
(51)
Ad Hoc/
Old Npt BI
Spcfc Area
Pln
(24)
CITY OF NEWPORT BEACH
COUNCIL !EMBERS
Motion
v
Motion
Ayes
Abstained
X
X I X I x I X I x I x
March 23, 1992
The Planning Director advised that the
(approximate) 15 items he reviewed with
the City Council at the study session
earlier today, are all items the
Planning Department is attempting to
complete by the end of the year. He
currently has only one staff member who
is engaged in working on the Specific
Area Plan for Central Balboa, and who is
also involved in working with the
Historical Committee. Therefore, at the
present time he does not feel he has the
staff to undertake the preparation of
two specific area plans simultaneously.
In addition, the Council has also
requested the staff to prepare a
proposal for an economic base /fiscal
analysis study to be reviewed by the
City Council. He stated that one of the
reasons he recommended delaying the
establishment of a committee at this
time was because of what will be learned
from that economic base study.
Mayor Sansone stated that in view of the
foregoing remarks and because Council
Member Hart cannot participate at the
present time due to a possible conflict
of interest, he would move to delay the
establishment of a committee pending
completion of the Central Balboa
Specific Area Plan and the Economic Base
Study currently under consideration.
Council Member Cox spoke against the
motion, indicating that it has been his
experience that committees such as the
one proposed tend to take a great deal
of time to "get up to speed" because of
the time it takes to gather all the
facts relating to the issue, and as a
result, he does not think this committee
would begin its study on the actual
specific area plan immediately.
In view of the foregoing remarks,
substitute motion was made to adopt
Resolution No. 92 -28, establishing an Ad
Hoc Committee for the preparation of Old
Newport Boulevard Specific Area Plan,
and defer to April 13, 1992,
appointments to the subject committee.
Meeting adjourned at 10:02 p.m. to 6:00 p.m.,
March 30, 1992, to continue the public hearing
relative to Hoag Hospital.
The agenda for this meeting was posted
on March 19, 1992, at 8:45 a.m., on the
City Hall Bulletin Board located outside
of the City of Newport Beach
Administration Building.
ATTEST:
q—aCyor
Volume
Page 93
MINUTES
Ild Npt B1
92 -28