HomeMy WebLinkAbout04/13/1992 - Regular MeetingCITY OF NEWPORT BEACH
COLD CIL MEMBERS
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REGULAR COUNCIL MEETING
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E: April i, 92
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All. Ayes
Motion
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Zoning
AN ORDINANCE OF THE CITY COUNCIL
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(94)
OF THE CITY OF NEWPORT BEACH
Presentation was made to Mayor Sansone by
Elizabeth and John Stahr, Co- chairman of the
NEWPORT BEACH PUBLIC LIBRARY FOUNDATION, of a
check for $1 Million of public support for the
new library.
A. ROLL CALL.
B. Reading of Minutes of Adjourned Meeting
of March 30, 1992, was waived, approved
as written, with revision to page 101
(to include summary specifics presented
by Richard Winegar and Charles Lamb),
and ordered filed.
C. Reading in full of all ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
1. Mayor Sansone opened the continued
public hearing regarding:
A. Proposed ORDINANCE NO. 92 -3,
Ord 92 -3
being,
Hoag Hsptl
Zoning
AN ORDINANCE OF THE CITY COUNCIL
(94)
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 ESTABLISH REGULATIONS 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
MUNICIPAL CODE SO AS TO AMEND THE
HEIGHT LIMITATION ZONES MAP AND
THE LEGAL DESCRIPTION OF THE 26/35
--
FOOT HEIGHT LIMITATION DISTRICT TO
PLACE THE LOWER CAMPUS WHOLLY
WITHIN THE 32/50 FOOT HEIGHT
LIMITATION DISTRICT; AND THE
ACCEPTANCE OF AN ENVIRONMENTAL
DOCUMENT [PLANNING COMMISSION
pCA 744
AMENDMENT NO. 7441;
AND
B. Proposed ORDINANCE NO. 92 -4,
Ord 92 -4
being,
Hoag Mstr
Pin /Delp
AN ORDINANCE APPROVING DEVELOPMENT
Agm No. 5
AGBHEHBNT NO. 5 FOR THE HOAG
HOSPITAL MASTER PLAN BETWEEN THE
CITY OF NEWPORT BEACH AND HOAG
MEMORIAL HOSPITAL PRESBYTERIAN;
AND
Volume 46 - Page 104
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CITY OF NEWPORT BEACH
April 13, 1992
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;
W
D. VARLANCE N0. 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 in sunoort of
the project: Ruth A. Helenic, John C.
and Andrea D. Rohrer, George F. Taylor,
Mr. S. C. Moreau, Mildred Hintz, Carole
and Randy Johnson, Michael Howard, Bruce
and Pamela Bolen, Winton Ashton, Warren
L. Bostick, William D. Lusk, Russ and
Diane Hafer, Mary Longpre, Joanne
Morris, Carolyn Pike, Jacqueline B.
Dillman, Deborah Hoza,Vic and Sherry
Laidlau, Sylvia Szabo Niezooda, Glynis
Shainfeld, Kathleen S. Pleso, Sandy
Nyquist, Tom Riley, Lynn Cathcart, Carol
A. Heywood, James M. Greenfield, Paul
Nyquist, Chris Welsch, Jim Reed, Doug
Fords, Gail Ryan, James M. Owen, Susan
L. Riley, Warren D. Fix, Larry and Susan
Shankveiler, Mr. and Mrs. Gerald Michael
Shaw, Susan Perlmutter, Lis Olsen,
Barbara Danzi, Olga Matthews, Laraine
Shaw and Janet Sawyer.
Letter from Lorenzo C. Miller suggesting
that the City Council require Hoag
submit an acceptable cost containment
program as a condition to receiving
approval of their expansion plans, and
Letter from H. T. Lennen, Jr., with
suggestions.
The City Clerk advised that after the
agenda was printed letters were received
in supDort from Mr. and Mrs. Charles
Bozza, John Konwiser, Doris Dennis,
Marcella R. Steller, Mr. and Mrs. E. P.
Benson, Dorothy E. Usedom, and Hugh M.
Saddington; and letters of concern were
received from Ross and Bella Ribaudo,
Alex Cormack, and Jan D. Vandersloot,
M.D.
Volume 46 - Page 105
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No. 81
Variance
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April 13, 1992
The City Manager advised that specific
items would be responded to, and at the
conclusion of this evening Is'hearing, it
is recommended that the hearing be
continued to May 11, 1992. He added
that at that time, staff would be
prepared to respond to the Air Quality
Management District's additional
comments on the Supplemental EIR.
Patricia Temple, Advanced Planning
Manager, addressed the Council
concerning contacting the Building and
Safety Department of the City of Los
Angeles for additional information
regarding the operation of the gas
Hazard Mitigation Ordinance and any
problems encountered in the construction
of Metro Rail tunnels. She advised that
she talked with the author of the Gas
Hazard Mitigation Ordinance, and he
explained the engineering technologies
used to mitigate methane and other
subsurface gases in Los Angeles, whereby
he indicated that generally the
installation of buildings with the types
of mitigation that are proposed in the
Hoag project have been adequate to serve
in the City of Los Angeles, as they
impose very similar types of
requirements. He pointed out to her
that it is important to remember that
the full broader scale of installations
in regards to these foundations are in
many ways redundant systems. In other
words, a gas recovery system is used in
combination with a membrane, in
combination with sensors, in combination
with mechanical venting of the building.
That the mitigation doesn't rely on all
of these together, but together they
provide a greater level of safety in the
design and construction of these
buildings and their long term occupancy.
Therefore, he pointed out that while no
system is absolutely 1008 fail safe, the
systems were designed to provide for the
greatest amount of public safety and
that in any event should problems occur,
the people in the vicinity could be
readily taken out of the building prior
to any adverse effect on public health
and safety. His main comment in regards
to the foundation installations
themselves, particularly the membranes
which were referenced and discussed both
related to the Metro Rail tunnels, is
that their primary problem was due
careless construction. If you have a
bad contractor who drops a piece of
rebar on a membrane it could weaken the
membrane, or perhaps rupture it,
although it would take a lot of pressure
to rupture because they are quite
sturdy. Once again, he pointed out that
even a small rupture is not something
which dictates that a building becomes
unsafe, that the other systems working
together still provide the adequate
level of safety for occupancy of these
structures. In terms of the Metro Rail
tunnels, they had some faulty
construction and that has since been
repaired.
Volume 46 - Page 106
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April 13, 1992
In response to Council inquiry, Ms.
Temple advised that the acreage to be
mitigated is in the EIR, and is
estimated to be 1.52 acres; however,
this remains to be firmly established
once the Federal Government adopts the
final Wetlands Delineation Manual which
is still under review. In terms of the
City's mitigation, it is suggested that
a ratio be provided based on the acreage
determined to be subject to the Wetlands
Mitigation because the actual acreage
may change, based on the time frame in
which the permit is requested.
Additionally, the City doesn't know what
is contained in the Federal Wetlands
Delineation Manual that will be applied
to the project. Based on the 1.52
acres, staff can provide some mitigation
cost estimates for the neat report.
In response to Council inquiry, Ms.
Temple reported that below grade parking
for the project would only be a problem
in terms of costs.
Michael Stephens, President of Hoag
Memorial Hospital Presbyterian,
addressed the Council, reemphasizing the
project objectives that have been
established in pursuing the Master Plan
approval to meet the future needs of the
health services, and there are two major
trends occurring in health care, i.e.,
increased critical care capacity,
currently at 95% occupancy, and the
growth in out- patient care has doubled
in the last five years. These two
compelling trends really direct the
Master Plan as it has evolved and as
Hoag representatives have presented it
to the City. It gives them the capacity
to expand critical care and the surgical
units, and also with the availability of
land which is referred to the lower
campus, they can add buildings with
smaller increments responding to
technology and make these services more
accessible than in the past to patients
who are undergoing outpatient
procedures, but whose condition is more
serious than the acute care so that the
distances traveled from the car or the
motor transportation to and from the
units can be shortened.
Mr. Stephens made a slide presentation
depicting the project as it provides for
preservation of the public views of the
bay, the ocean and Catalina. He
illustrated the physical relationship of
the bike trail to the linear park, and
the view envelopes with the displayed
model. He added that all future
buildings in front of the linear park
will be lower than the linear park
itself so that there is no confusion
that there is a building in front,
because the buildings will be below the
linear park in relation to the public
views; and the distance between the
condominiums and the critical care
addition is now changed from 52 feet to
70 feet. He stated that some of the
Volume 46 - Page 107
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April 13, 1992
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public benefits from the Master Plan
directly associated with the Development
Agreement, is the ability of the
hospital to continually most the
community needs and takes priority and
precedent; commitments for designing,
funding, and installation of the
®
landscaping which would really make the
linear park a reality at the time that
the Master Plan is ultimately approved;
and to the extent that they could,
complete all the mass grading an the
site so that before they began any
construction of actual buildings far in
advance, most of the improvements would
be in place along the perimeter of the
property, as well as much of the grading
as possible would have taken place in
order to minimize the ongoing
construction, noise, and dust that might
occur over a period of time. They would
assist the City with enhancement of the
linear park, and be supportive of the
wetlands mitigation relocation into West
Newport.
In relation to the methane gas that
exists on the site, Mr. Stephens
reemphasized the expert testimony that
has been presented; the fact that
testing has been done in the past and
presently as part of the EIR; testing
that is still underway; he feels
confident that these tests will continue
to show that this is a site which is not
impacted by toxics, and that the
mitigation measures currently in effect
®
are taking place and are working as
intended. He emphatically stated that
the Flare System is not an issue because
it is existing, its removal has always
been in the plan and can be taken out
once the Master Plan is approved, and
that they will be subject to all of the
AQMD requirements, permitting,
mitigation and other requirements that
are part of any building.
In response to Council inquiry, Ms.
Temple advised that the City is required
to submit to the State a compliance
review for any buildings which are
subject to the building permit processes
of the Office of Statewide Health
Planning and Development (OSHPD) and the
State architect. The City reviews each
mitigation measure prior to the issuance
of a building permit, and the mitigation
measures are structured to the best
technology available achieved through
the preparation of subsequent technical
reports. These reports are submitted to
the Building Department and reviewed for
compliance with all of the latest
techniques and standards, not only
geotechnical but for additional AQMD and
water quality requirements. Any number
of rules and regulations established by
®
regional planning agencies, or State
agencies would all have to be complied
with at the time building permits are
issued.
Volume 46 - Page 108
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April 13, 1992
In response to Council inquiry, Mr.
Stephens reported that when they have
something more significant regarding the
bulk and mass and the setbacks from the
Coast Highway, they would put it into a
model, as they are involved in
discussions and studies with staff about
additional setbacks from Coast Highway
beyond what had been approved and
recommended by the Planning Commission.
With regard to Council suggestion, Mr.
Stephens advised that he would take a
look at the request to move the critical
care unit building back from an
engineering point of view to permit the
widening of the service road to give
better access to the bike trail from
Hospital Road for the large older
citizen population along Superior and
the adjacent area.
Helen M. Kieron, 3201 Fourth Avenue,
Corona del Mar, addressed the Council
with concerns about the quality of care
provided by Hoag, which she feels should
be more important than the proposed
expansion. She took issue with the fact
that quality care is not prescribed for
all patients who must be admitted to the
hospital, and cited resultant (critical
situations to persons close to her.
Albert J. Auer, 14 Rue St. Cloud,
Chairman of the Board of Hoag Hospital,
addressed the Council expressing thanks
to the City staff and Planning
Commission for their thoroughness. He
expressed that in the hearings he has
attended, the question of health care
and the costs of delivering health
service has surfaced, and stated that
the hospital makes every effort to see
that the costs are as low as they can
be, in comparison with costs of 40
hospitals located in Orange County. He
urged a favorable vote from the Council.
Norman Dahl, 1100 Polaris Drive, Member
of the Board of Directors of the
Hospital Foundation, stated that he had
15 years of experience in health care
management, addressed the Council
expressing that the community is blessed
with one of the finest and best equipped
hospitals in the State. He challenged
previous testimony about the management
of hospital reserves, advising that Hoag
is a nonprofit organization and comes
under the scrutiny of the IRS. As
Assistant Vice Chairman of the Finance
Committee, he has first -hand knowledge
that Hoag is soundly and conservatively
managed, and follow rigid procedures and
thorough documentation in transferring
fund raising money to the hospital. He
urged prompt approval of Hoag's Master
Plan as amended.
Volume 46 - Page 109
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April 13, 1992
Fritz C. Uesterhout, Jr., 662 Via Lido
Nord, made note that he is a
Gynecologist and has lived and practiced
in Newport Beach since 1964, and
recently completed a term as Chief of
the Medical Staff at Hoag. He stated
that he was here on behalf of the
patients, the disabled and ill who are
unable to write letters to the Council
and express their feelings. He felt
that the public would have a better
understanding if they took the time to
think about the multiple visits and
routine that these patients must go
through weekly to UCLA or to USC, or
even to UCI; the travel time on the
freeway and the parking to get to these
appointments; and what these patients
face, and why, in the future, medical
care is going to be centered in the
progressive community hospitals. He
cited a recent visit from a national
recognized expert in cancer surgery to
Hoag's Cancer Center, and the expert was
astounded by the sophistication of the
equipment, and that 80 patients a day
could receive radiation therapy with a
total travel time of 40 yards from their
cars to treatment. He added that for
this reason, it is imperative to approve
Hoag's Master Plan so that they can be
that progressive community hospital.
Richard Luehrs, President of the Newport
Harbor Area Chamber of Commerce,
addressed the Council on behalf of the
business community, stating that the
Chamber Board of Directors voted to
endorse the Master Plan as presented by
Hoag Memorial Hospital Presbyterian. He
added that after having the opportunity
to see the presentation of the plan,
witnessing hours of testimony at the
Planning Commission meetings, and
reviewing the EIR, the Board recognizes
that this is an issue of continuing the
quality of life that the residents have
come to expect in Newport Beach, and not
simply a development issue, and
registers their strong support for the
Hoag Hospital Plan as amended.
Richard Banks, 280 Cagney Lane 0101,
addressed the Council regarding the
impact of the ICU on him, personally,
since he bought his Villa Balboa unit,
and rental unit, and suggested that
there might be room for a compromise. He
depicted for the Council where his unit
was in relation to the ggreenbelt that
has since been replaced by parking. He
expressed that the ICU need not be built
in the location proposed and easily be
built in the north area where there is
a medical laboratory and an x -ray
facility, both of which can be moved;
that consideration be given to reducing
the height of the lower campus by eight
feet. He thinks it is an absolute
travesty that Council would relinquish
their ability to review plans for each
phase of the development program. He
feels committed in getting quality
health care in Newport Beach, but feels
that it can be done in a different way.
Volume 46 - Page 110
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April 13, 1992
Dr. Robert Winchell, Professor of
Geology, California State University,
Long Beach, addressed the Council
advising that he had been asked by one
of the City's residents to review the
EIR documentation that the Council will
® ultimately have to approve in connection
with the Hoag project. In doing so, Hr.
Winchell presented his typewritten
letter and attachments, and advised that
he finds the draft EIR to be inadequate
with regard to the structures and use
currently proposed for the site,
suggesting appropriate trenching of the
site and that no habitable structures
should be built over faults of any kind,
even though it may be legal to do so.
Also, that a qualified reputable
geologist and structural engineer should
both be present during all phases of the
excavation and mitigation of the site
for construction; documentation to
ensure proper attention to and treatment
of the site, and to approve all phases
of this work.
Upon inquiry from the Council, Dr.
Winchell responded that he had not made
himself available or familiar with the
upgraded standards in the State of
California regarding earthquake
construction, especially as it pertains
to hospital facilities in relation to
the standards developed prior to 1971.
He stated that he had no knowledge
directly of the increased standards;
® however, the same statement would have
been made prior to 1971 relative to the
Uniform Building Codes and Standards for
critical site construction, specifically
for hospitals. His first step would be
to go through standard procedures which
involves trenching to resolve some of
the things that have not adequately been
put together in summary fashion relative
to the three geological consultants that
have already examined that site. He
added that knowledgeable structural
engineers and /or architects as well,
would take the position that you do not
go into a site which may have potential
faulting in it, inactive as it may be
said to be, and build structures over
it.
Question was raised by Council whether
the mitigating factors specified that
there be a geologist available for
consultation, if not on site, during
excavation, to which staff replied in
the affirmative.
Jack Sedler, 3805 River Avenue, retired
school teacher, addressed the Council,
stating that bigger is not better; that
one brain scan machine will work as well
as five, and that there are already
® enough hospital facilities to serve the
citizenry. He feels that the view is
worth saving, and that Hoag has land in
Huntington Beach and other areas in the
State. He quoted statistics that "Hoag
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Hospital opened in 1952 as a small 75-
bed community hospital; today it is a
$290 Million medical facility with
centers of excellence that include Hoag
Heart Institution, Hoag Cancer Center
and Hoag Child Birth Center; Hoag
® Hospital is unique among health care
providers for while it offers all of the
modern technology of a modern regional
medical center, it still retains the
high touch quality of patient care found
in a community hospital." He feels that
Hoag is guilty of deceit and falsehoods,
and that this issue should be put to a
vote by the people.
Jim Dale, 434 Tustin Avenue, addressed
the Council in support of Hoag's Master
Plan, stating that he serves as the Co-
Chairman of Hoag 2010, which
organization spreads the importance of
the Hoag Master Plan to the citizens of
Newport Beach, and presented signed
petitions gathered by him. He stated
that they want the very best medical
care possible and feel secure that Hoag
Hospital's continuing commitment to the
latest technologies and facilities needs
to be made available to residents of
Newport Beach. With regard to the
survey commissioned. by the City, he
added that Hoag Hospital achieved the
highest approval rating with an 838
figure. He urged a favorable vote for
the Master Plan.
® Jackie Heather, 1500 Dorothy Lane, a
former Mayor of Newport Beach, addressed
the Council, stating that she and Jim
Dale have been working to get the silent
majority to come forward, and in that
respect, she read letters of support of
Hoag Hospital's Master Plan from Senator
Marian Bergeson, Orange County
Supervisor Tom Riley, and John A.
Huffman, Jr., of St. Andrew's
Presbyterian Church.
Chuck Hirsch, 708 Emerald Bay, Laguna
Beach, addressed the Council, stating
that he felt it was important that he
come to support Hoag Hospital, as he has
been a user for 20 years, and his
daughter who is an Orange County Fire
Fighter is also an EMT in the Emergency
Ward. He feels that Hoag Hospital,
under the Board of Directors, is a cost
efficient and cost effective operation,
and recommends that the Council approve
the plan.
Bill Huff, 260 Cagney Lane, #305,
addressed the Council, stating that he
really is not opposed to the hospital,
the noise, traffic, odors, etc., but
he and his neighbors have also lost the
view that they originally had, adding
® that the assessed values of the property
have gone down because of where the
condominiums are located. He would
support the concept of expansion on the
east side.
Volume 46 - Page 112
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April 13, 1992
Mayor Pro Tem Turner advised that he
communicated with County Assessor
Bradley Jacobs' Office, and asked if
property was devalued based upon the
assumption that something was going to
be built that might impact views, etc.
A Deputy Assessor responded that no,
they assess property on the basis of
actual sales, and pointed out that those
properties in question that were
devalued, have now gone back up in value
and are selling at a higher rate, and
they will be reassessed, bringing the
property values back up, plus 2% under
Proposition 13.
Joyce Taylor, President of the Villa
Balboa Community Association, addressed
the Council stating that their
association responded in writing to each
opportunity for public comments
throughout the planning process, and
feels that there are several concerns
that she would like to restate as
follows; Development reement - The
long development perio mandates
periodic reviews as Hoag and City staff
have stated that they cannot fully
perceive the future health, safety and
traffic issue that may become evident;
Linear View Park - That the Council
protect the public entitlement to a
linear view park as called out in the
General Plan, and ask that building
heights on the lower site be limited to
that as defined in the Messrs. Jennings
and Hansen Hoag Model. U er West Side
Develooment - Which is iatly
adjacent to many homeowners' front
exposure. This area has generated
noise, light, odor and visual refuse
complaints for many years. They ask
that no further expansion be authorized
in this particular area, and mitigation
for the present nuisances be encouraged.
The heavy equipment and material storage
area (equipment yard) should have some
visual barrier from PCH and for the
community.
Glenn Lukos, of Glenn Lukos Associates
(Regulatory Services) Laguna Hills,
addressed the Council regarding the
methane and hydrogen sulfide gases being
released to the atmosphere at the site;
the source believed to be a bad of
hydrocarbon - producing sands that lies
near the surface of the ground at the
site and the surrounding areas. He
added that much of Cattail Cove wetlands
is anaerobic all year long, and that
while some wetlands do cleanse waters of
some nutrients, minerals, and toxic
materials, wetlands do not result in a
net reduction of methane and hydrogen
sulfide from the water or the
atmosphere, and in fact, wetlands
actually result in a net production of
these gases.
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Wendy Winegar, 280 Cagney Lane, #214,
addressed the Council stating that the
unit she lives in fronts the Cancer
Center. She illustrated for the Council
how a third of her view was blocked by
the parking structure. She added that
her husband spoke at the last meeting,
and that he is a refinery engineer,
serving all over the world, and
commented on the strict standards that
the refinery industry adheres to when
they build structures near gas producing
wells. She was concerned that his
comments were not detailed in the
minutes and was appreciative that
Council Member Watt amended the Minutes
of March 30. She added that her husband
was very concerned about the Child Care
Center being so close to the gas and
wonders if anything would be done, when
complaints were received about the
affect of the gas on children at the
Child Care Center. She stated that
living next to a construction zone with
the last few years being very difficult,
finally the service road became a
controlled access road, equipment was
being delivered at three and four in the
morning, and before 7:00 a.m.,
disregarding Newport Beach's
regulations. She hasn't seen effective
control even of the construction. She
is not against Hoag Hospital or the
expansion, but for reliable
construction, expansion that meets the
need and not the greed.
Ross Ribaudo, 260 Cagney Lane, addressed
the Council, stating that he is still a
little confused even after hearing all
the expert testimony from the Plannin
Commission meetings and Council
meetings. He responded that there is
one issue that is important to him
although he is not directly impacted as
he doesn't have,to Look, hear, or smell
the hospital every day as some of his
neighbors, and that is the expansion on
the west side, or the ICU. He feels
that this expansion, or so- called
consolidation would make a bad situation
even worse, and that it could take place
on one of the other three sides.
Mayor Sansone asked Mr. Ribaudo if the
helicopter situation has improved any,
and he advised that after communicating
with Lifeflight and West Coast
Helicopter, they are trying to cooperate
by using the northeast corridors as much
as they can for taking off and landing.
Leon Lindberg, 260 Cagney Lane,
addressed the Council stating that he
bought his unit 10 years ago during
which time he had the enjoyment of a
remarkable view, and without any warning
or notice or without a right to appear
in his own behalf, Hoag Hospital
Installed an elevator shaft in the
parking structure right at the most
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COUNCIL MEMB�E MINUTES
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strategic corner that obliterated his
view, leaving him horror stricken. He
is here to respond to a proposal to
give Hoag Hospital the opportunity of 25
years of inflicting horrendous damage on
current and future residents of the
community. He implored the Council in
their deliberation of this Master Plan,
to make sure that this doesn't happen
again; that where there will be a
significant impact on people, whether it
be aesthetic, economic or other matters,
that these people have the right to
present themselves to argue their case
successfully or unsuccessfully, and that
the procedure is definitely wrong if
left as it is. Regarding the expansion
of the Critical Care Unit on the west
side of the hospital, Mr. Lindberg
stated that to many people their home is
their greatest investment, and there are
many retired people living there. He
urged the Council to consider the
horrendous ramifications this has for
those people facing that proposed
hospital, obliterating their views,
sunlight and privacy, and with odors
creating a public nuisance. He said: "I
don't see how in good conscious it; could
be approved." He hoped that in giving
the Hospital what it wants, the
community is left in a decent shape.
Mayor Sansone closed the public hearing
after it was determined that no one else
wished to address this issue.
Discussion ensued, wherein the City
Attorney commented that the Development
Agreement can be revised with a
provision that neither the Council nor
Hoag can modify the development plan to
increase building heights or increase
floor area in the future. He advised
that provisions of State law and the
City's enabling ordinance require an
annual review of the Development
Agreement for compliance of the
developer with the specific terms and
conditions of the agreement, which would
include the mitigation measures imposed
by the City Council. He added that the
EIR that is before the Council is a
problematic EIR, and requires
substantial additional study to be
completed before there is actual
construction on the site, and the
Development Agreement can also
incorporate compliance with those
studies and certain standards that the
Council may think appropriate before
construction proceeds either to Phase I.
Phase II, or Phase III; i.e., the
Council can be the determiner whether
the thresholds have been satisfied.
In response to tracking of nonprofit
status items, the City Attorney advised
that there is a provision in the
Development Agreement that needs to be
changed regarding the right of the
hospital to assign the status of items
and he will explore this with the
hospital and research the issue.
Volume 46 - Page 115
Hoag Hsptl
3$ _ •:lid
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CITY OF NEWPORT BEACH
April 13, 1992
In response to Council inquiry, the
Planning Director responded that the
County Assessor's Office was contacted
regarding the nonprofit status issue,
whereby it was learned that the hospital
is required each year to submit
information for items that are hospital
related (tax exempt) and those items
that are not.
The Planning Director responded to
Council inquiry, advising that there are
a number of ways in which the City
Council and the Planning Commission have
reserved the right for future review of
projects. As an example, he added that
the language which is currently
incorporated in the PC text requires the
staggering of setbacks and separations
between buildings.
Council Member Plummer made some
suggestions to consider the piece of
property going from Pacific Coast
Highway in back of Cappy's, inside
Newport Shores Park where the Corps of
Engineers finished their restoration.
She asked the staff to look at the five
acres and make a transition type marsh
from fresh to salt water. It seems to
her that if the Council is going to
mitigate this vegetation that they need
to think about its usefulness. She also
stated that she can't help ignoring a
piece of degrading property. Her concern
is that if something is not done at this
time (repaired, restored, whatever) it's
never going to get done.
Council Member Hart suggested that the
City can complete this salt /fresh water
estuary and be proud of fixing it up, so
that there could be nature trails to
eventually connect with the whole
wetlands area.
In response to Council Member Watt's
inquiry, Ms. Temple, Advance Planning
Manager, stated that currently the
height of the buildings will be limited
by the dual height limit which is
established by 50 ft. above existing
natural grade, or the height above mean
sea level as established by the building
envelopes, whichever is less.
The following straw vote recommendations
were considered by the Council:
Development Agreement;
Critical Care Surgery
Addition - West Side
Expansion;
Lower Campus Height Limits:
Alternate Hoag Option, or
other;
Volume 46 - Page 116
MINUTES
Hoag Hspt=
Motion
All Ayes
J
x
CITY OF NEWPORT BEACH
\ April 13, 1992
4.
Wetlands:
a. On Site or Off -Site.
b. Set Site or No Set
Site, or list.
C. Ratio: 1 to 1, 1.5 to
1, or other.
d. If set site: (from
suggested list)
Fairview /Talbert
Regional Park;
West Newport Oil
Property
CalTrans West
Upper Newport Bay
e. Semeniuk Slough
5.
West Coast Highway Setback
(east of entry signal): 20
or 25 feet; or other.
6.
Newport Boulevard Setback
from Hospital Road to 600
feet south: 20 or 25 feet;
or other.
7.
Shall articulation
requirements be enacted as
recommended by the Planning
Commission; or other.
B.
Depth of linear portion of
view park: 20 or 60 feet;
or other.
9.
No rooftop parking on any
lower campus parking
structure: Yes.
10.
Use $250,000 from bike
bridge requirement to
acquire more view park
land; or other.
11.
Sidewalk and landscaping on
Newport Boulevard in the
CalTrans Right -of -Way.
Motion was made to continue to the
meeting of May 11, 1992:
2. Mayor Sansone opened the public hearing
regarding Proposed ORDINANCE N0.
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
INCLUDE THE ADDITION OF THREE OR
MORE BILLIARD 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.
Volume 46 - Page 117
MINUTES
I N I;>1
Hoag Hsptl
Ord 92 -6
Zoning
(94)
PCA 752
� ;idRBIl ;'R+
•
Motion
All Ayes
:7
Motion
All Ayes
X
CITY OF NEWPORT BEACH
MINUTES
April 13, 1992
Upon Council invitation, the Planning
Director explained that this particular
item came before the Planning Commission
because the City was starting to receive
a number of requests from existing
restaurants to install billiard, or pool
tables that had no use permits, or come
under the control of the City.
Therefore, the Planning Commission is
proposing the regulations presented in
the foregoing.
011
As no one in the audience wished to
address this item, the public hearing
was closed.
Motion was made to adopt Ordinance No.
92 -6, as revised (word "billiard"
changed to pool; and strike out ... "or
the use of more than 10 percent of the
existing 'net public area' of a
restaurant for billiards use.."
Mayor Sansone opened the public hearing
Ord 92 -7
regarding Proposed ORDINANCE 90. 92 -7,
Zoning
i eg,
(94)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE SO AS TO ADD
THE FOrrnwnsG ITEMS TO THE POWERS
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 ROOFTOP
ARCHITECTURAL FEATURES AND SOLAR
EQUIPMENT IN RECESS OF PERMITTED
HEIGHT LIMITS (PLANNING COMMISSION
AMENDMENT NO. 748).
Report from the Planning Department.
As no one in the audience wished to
address this item, the public hearing
was closed.
Motion was made to adopt Ordinance No.
92 -7.
4. Mayor Sansone opened the public hearing PW /MacArthr
regarding MACARTHUR BOULEVARD WIDENING/ B1 Wdng
BISON AVENUE EXTENSION - Request to (74)
review EIR NO. 150, prepared by the City
of Newport Beach to evaluate the
environmental impacts associated with
the proposed road widening /extension.
Report from the Public Works and
Planning Departments.
Letter from Patricia B. Speyers urging
the City to not build the proposed
bridge across MacArthur; suggesting that
a demand signal be considered instead;
and that the Planning Commission again
review the road widening and introduce
some sort of noise abatement at the road
level.
Volume 46 - Page 118
COLMIL PARS
CITY OF NEWPORT BEACH
April 13, 1992
Volume 46 - Page 119
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MacArthr
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The Public Works Director introduced the
item, and advised that a little over two
years ago the Council authorized City
participation in a cooperative project
to prepare a project study report and
an EIR for the widening and improvements
®
of MacArthur Boulevard from the Coast
Highway to the future San Joaquin Hills
Transportation Corridor. He added that
the action before the Council tonight is
only to review and certify the EIR, and
emphasized that it is not a commitment
to a specific project, as no specific
projects can be approved without further
Council action. He then called upon Don
Webb, City Engineer, to present the
staff report.
Don Webb, City Engineer, advised that he
would attempt to go through the
information in the EIR provided to the
Council by staff two weeks ago, as
follows: The EIR is set up to provide
for the widening of MacArthur Boulevard
from Coast Highway, through San Miguel,
San Joaquin, Ford, Bison and up to the
existing intersection of Newport Coast
Drive, which is just southerly of San
Diego Creek. The EIR also covers the
extension and construction of Bison
Avenue from MacArthur Boulevard over to
the San Joaquin Hills Transportation
Corridor. That connection would connect
into a segment of Bison that UCI is
currently planning and has done the
grading for. This route will eventually
®
be the main entrance into their campus.
Mr. Webb, advised that the EIR covers
two preferred alternatives; one is
called preferred alternative M -1 that
has to do with the end of MacArthur
Boulevard northerly of Bison, and M -1 is
the realignment of MacArthur Boulevard
which provides for an alignment that is
consistent with the SJHTC interchanges;
for the future bridge that would go over
the Corridor; and locations for ramps to
make the connections to MacArthur
Boulevard from Newport Coast Drive. B -1
is the other preferred Alternative which
will construct the extension of Bison
Avenue and will be constructed partially
by UCI and during construction of the
San Joaquin Hills Transportation
Corridor. Alternate M -2 will provide
for MacArthur Boulevard to remain on its
existing alignment with the existing
connection of Newport Coast Drive (this
intersection to be widened to provide a
triple left turn lane, as well as some
slowing on Newport Coast Drive). The
other alternative that is discussed in
the EIR is B -2, which refers to Bison
Avenue and that would be an interim
connection with Bison Avenue which would
ultimately make connection to Newport
®
Coast Drive where the temporary Bison
Avenue currently exists.
Volume 46 - Page 119
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MacArthr
B1 Wdng
COUNCIL MEMBERS
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•
CITY OF NEWPORT BEACH
April 13, 1992
Mr. Webb further advised that: the
project is coordinated with four
agencies; the Transportation Corridor
Agency, City of Irvine, UCI, and
CalTans. When the Corridor is completed,
CalTrans will relinquish this portion,
which will become a City highway for
both Irvine and Newport Beach, but this
probably will not occur until 1997 -1998.
Along with the concept of the widening
of MacArthur Boulevard, staff has put
together in the area from Ford Road to
Coast Highway, a plan for landscaping
that provides for median landscaping, as
well as landscaping the slopes from one
end to the other. One of the design
alternatives allows for a bike bridge
over MacArthur Boulevard along the
prolongation of Crown Drive, and a
signal at the intersection of Harbor
View Drive. During circulation of the
document the City received a number of
negative comments on the bike bridge;
however, since then staff has received
favorable comments on the bike bridge,
and a packet of the letters was handed
to the Council tonight, including a map
to show the locations of the responses.
This packet indicated 67 in favor and 14
in opposition to a bike /pedestrian
bridge. Letters from two community
associations were also received;
Broadmoor Harbor View 1, and the Corona
del Mar Community Association.
Mr. Webb added that Newport Coast Drive
when it opened was adequate performing
as predicted. According to the traffic
numbers shown in the EIR for the 1991
time frame the volume in between Coast
Highway and San Miguel was 33,000 cars
per day, and when recently measured
showed the count was 25,000 cars per
day. Between San Joaquin and Ford there
was also a reduction in traffic. The
EIR evaluated the widening of MacArthur
Boulevard to six lanes between Coast
Highway and San Miguel Drive. The
proposed project between Harbor View
Drive and Crown Drive will have four
lanes with a 40, wide median. This
conforms to the City of Newport Beach
Circulation Element Condition No. 12 -C.
In the future when the volume to
capacity ratio for this segment exceeds
1.00, the 5th and 6th lanes will be
constructed by narrowing the median to
16 feet. Between Harbor View Drive and
San Miguel Drive, the centerline of
MacArthur Boulevard will be moved up to
SO feet westerly and lowered by as much
as 13 feet.
In summation, Mr. Webb advised that
approving the EIR is necessary before
the participating agencies can apply for
funding from agencies such as the Orange
County Transportation Authority. An
approved EIR improves the agencies
chances in competing for Measure M
Funds. The EIR does not authorize
construction of any one segment, it will
allow the City to apply for funds, begin
the design for the road segments, and
eventually build the project.
Volume 46 - Page 120
MINUTES
MacArthr
B1 Wdng
fOW
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CITY OF NEWPORT BEACH
April 13, 1992
Mr. Webb explained the three options in
the staff recommendation for Council
action, as follows: 1) Approve AH, M -1
and B -1, with a bike bridge; 2) Approve
AH, M -1 & B -1 without a bike bridge and
with a traffic signal at Harbor View;
and 3) Approve AN, M -1 and B -1 and defer
action on the design alternatives for a
bike bridge and traffic signal at Harbor
View Drive.
Upon Council invitation, Mr. Webb
offered the following information: If
the EIR is approved tonight, it would
give both the Cities of Newport Beach
and Irvine the ability to apply for
Measure M Funds. If, for example, the
funds were available to do one segment
of the project, it would be anywhere
from two to four years before a project
could get underway, (Coast Hi hway to
San Joaquin as a first element and we
could look for 50% - 75% funding from
outside agencies. He anticipates the
overall project from Bison down to the
Coast Highway would run about $15
Million, but it would take at least six
to eight years before the various
different agencies can put the projects
together for actual construction.
CalTrans and Orange County
Transportation Authority would want the
City to look at an entire reach of the
project, and in this particular
instance, the planning of the beginning
at Coast Highway and the connection to
the San Joaquin Hills Corridor.
In response to Council inquiry, Mr. Webb
advised that at Ford Road there is a
building called Lange Financial Center,
known as Urbanus Square at one time, and
prior to that, in the 50's it was known
as the Buffalo Ranch. The City of
Irvine Planning Commission has reviewed
this area, along with the Historical
Committee and have made some
recommendations which will be
accommodated in the subject EIR, as well
as the Corridor Agency which is looking
at the realignment of Ford Road. Part
of the mitigation measures for the
buildings will be to do a reconnaissance
survey that would be appropriate for the
National Historical Register, as well as
preserving portions of the buildings to
make sure that the historical
significance is not disturbed. The
City's particular EIR and the widening
of MacArthur does not impact any of the
buildings, but only impacts a portion of
the parking area. There is a mitigation
measure in the EIR which provides for
replacement of the parking on site.
In response to Council inquiry as to why
the City of Newport Beach was the lead
agency and the fact that the majority of
the project items were outside of the
City limits, Mr. Webb explained that
CalTrans originally was the lead agency,
and the Cities of Newport Beach and
Irvine, the Transportation Corridor
Agency, and UCI were responsible
agencies. The agencies wanted to include
Volume 46 - Page 121
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MacArthr
B1 Wdng
COUNCIL MEMBERS
:7
CITY OF NEWPORT BEACH
April 13, 1992
the Bison connections because this is
important to the overall construction of
the Corridor. About 2 /3rds of the way
through CalTrans said either take Bison
out of the project, or one of the other
agencies take on the lead agency
responsibility; and after the staff
informed the City Council of the
proposed action, the City took over the
lead agency responsibility in November
1991.
Discussion ensued with respect to the
following: If the bike bridge is
constructed, the length (140 feet long)
and the cost ($300,000); provisions in
the bridge design would provide for the
handicapped; the fact that there is less
MacArthur Boulevard traffic today; and
that the General Plan provides for a
four acre public park someplace between
the Library and San Miguel.
Barry Allen, 1021 White Sails Way,
addressed the Council, advising that at
their association meeting on Wednesday,
the Board voted 7 to 0 that there should
be no widening of MacArthur; 7 to 0 for
no traffic ligght at MacArthur and Harbor
View; 5 peopla were against a bridge;
one person was in favor of the bridge;
and one abstained.
Mr. Allen expressed that there is a
problem with the EIR as MacArthur at the
current time, and in the future, will
never reach the capacity for a six lane
road; there is no need to widen
MacArthur between Pacific Coast Highway
and San Miguel because there just isn't
any justification for it, and that in
the letter submitted to Council, there
were suggested areas where a traffic
count should be taken by the City. He
added that everyone who worked on
Pelican Hills Road deserves the greatest
accolades, as it took the heavy traffic
off MacArthur.
The Public Works Director advised that
projected future traffic volumes for
1995 -2010 did take into account the
existence of Newport Coast Drive, and
the San Joaquin Hills Transportation
Corridor and the trips that would be
diverted by those roads.
Jean Morris, 1032 Sea Lane, addressed
the Council stating that her street is
impacted by MacArthur Boulevard; that
part south from Crown Drive to the Coast
Highway only. She is in favor of the
EIR in this area, with the exception of
the proposed foot - bridge at Crown Drive.
In talking with more people in her area,
she no longer can support the foot-
bridge, as there are some valid
concerns. She would urge that Council
consider a traffic signal at Harbor View
Drive to provide safe crossing, and
encourage walking to the Library,
instead of driving. Also, she added
that one of the major improvements to
MacArthur would be to lower the road bed
Volume 46 - Page 122
MINUTES
MacAthr
B1 Wdng
E
CITY OF NEWPORT BEACH
April 13, 1992
to help alleviate the noise, and visual
pollution from the traffic for the
surrounding homes. She suggested that
Council consider that MacArthur have a
wide, gracious, raised center divider,
as this is one of the major entrances to
Corona del Mar.
Deborah Allen, 1021 White Sails Way,
addressed the Council, suggesting that
the City take another traffic count and
defer action on the EIR for two weeks,
as she feels that widening MacArthur is
not necessary. She feels that there is
a problem from San Miguel�to PCH, and if
in that two -week period staff and the
association can come up with a solution
that the whole community could support
and not be wasteful of the Measure M
funds, this would be the way to go.
Discussion ensued, wherein Council
Member Cox suggested that they not hold
up approving the EIR, but before any of
the projects are physically initiated,
a traffic count be taken.
The Public Works Director restated the
point that the protection for building
four lanes opposite Harbor View is built
into the General Plan, and it would not,
nor could not be widened into six lanes
until the requirements of the General
Plan are met, and the EIR recognizes
this protection. Secondly, he doesn't
believe that anyone is going to spend
the considerable amount of money that
would be needed to move and lower the
roadway opposite Harbor View, unless it
is part of a comprehensive plan. The
City is going to put together a
comprehensive funding program for the
full reach of MacArthur that will entail
the use of funds from a variety of
sources, including Measure M. and the
City will pick the program element
applications in accordance with the
ability to achieve the best funding
success.
Dorothy Campbell, 1133 White 'Sails Way,
addressed the Council stating that she
voted for the pedestrian bridge. She
was against the widening of MacArthur
and concerned that if it went to six
lanes, and the medians and the
landscaping were put in, that the
landscaping would cost the City too much
money to maintain,
Anne Carlsen, 2501 Windover, addressed
the Council, stating that the back of
her property is along Crown Drive, the
second house from MacArthur and she
would be affected by the proposed
bridge. She sees very little use for
it, and is definitely against the
bridge.
Louise Murphy, 2730 Wavecrest Drive,
addressed the Council, referring to the
form letter written to the Council that
was circulated in the neighborhood to
bring their community up -to -date, and
Volume 46 - Page 123
MacArth,r
B1 Wdng
RNIZEN 1
CITY OF NEWPORT REACH
April 13, 1992
which indicated that a significant
number of responses received from the
homeowners were for the bridge. She
stated since that time, she is neither
for nor against the bridge, and was
® appearing tonight on her own behalf.
She added that she was concerned about
views, property values, and safety and
ease of commuting in the Corona del Mar
area. She commented that hopefully,
based on the EIR report, there will be
a park. If it does happen, she would
like to see everyone get over there
safely. She is also concerned about
putting a traffic light at Harbor View
Hills Drive, stating that no matter the
age, trying to cross in a cross walk on
a highway that is proposed to be six
lanes, where the speed limit is 55 miles
per hour, is an unsafe decision. She
strongly urged the Council to vote for
Option 1 to move forward and apply for
funding.
Bill Bracey, 2601 Windover Drive,
addressed the Council stating that he
wants to concentrate on the need for
this bridge, as there has been no change
in the last 20 -25 years in that area;
adding that traffic survey can determine
if you need a road, but there is nothing
that he knows of that warrants a bridge
in the area proposed, and stated that
the $300,000 can be better spent
elsewhere. He suggested that there is
an alternative at Harbor View Hills
® Drive, and that is a demand signal that
when pushed will permit foot traffic, or
vehicular traffic to move ahead.
Janet Fossum, 2721 Windover Drive,
addressed the Council, stating that her
home is about a block from where the
beginning of the bridge would start on
Crown Drive; she would use the bridge a
lot, as she walks, or runs every
morning; and that people of all ages,
and bicyclists would use the bridge.
She added that spending $300,000 for
putting in a bridge would be worth it if
it saved even one life.
John Fossum, 2721 Windover Drive,
addressed the Council, stating that he
has some questions about the bridge; the
negative impact on some of the neighbors
that live adjacent to or nearby the
proposed bridge; how the view coming
down MacArthur will be impacted; and the
need for the bridge. The thing that
strikes him most about this is that he
found out about the bridge February 8,
or 9, and the proposed EIR had a
deadline of the 10th, whereupon he wrote
a letter at that time. He added that a
lot of people in his neighborhood didntt
find out about it until way after that
® date. He would urge the Council to
adopt Alternative No. 3, and give the
community additional time to submit
their comments.
Volume 46 - Page 124
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B1 Wdng
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Motion
#
ion
yes
Noes
COUNCIL METERS
X
X
X
CITY OF NEWPORT BEACH
April 13, 1992
Ann McGrath, 1132 Sea Lane, addressed
the Council, stating that she wants to
know if the proposed bridge is for the
residents of Harbor View Hills and
Broadmoor, or is for the residents of
the City of Newport Beach. If a safe
crossing at MacArthur is desired, then
why is that safe crossing needed to
Harbor View Hills residents and
Broadmoor. As far as aesthetics is
concerned she thinks that the bridge is
hideous; she can't see why it has to
begin on the other side of the wall in
a residential neighborhood and why it
can't be modified so that it starts at
MacArthur.
Hearing no one else wishing to address
this issue, the public hearing was
closed.
Notion was made to adopt Alternative No.
2 - MacArthur Boulevard Alignment N -1,
including a pedestrian demand signal at
the intersection of MacArthur Boulevard
and Harbor View Drive for pedestrian
access and excluding any bicycle/
pedestrian bridge over MacArthur
Boulevard in the vicinity of Crown
Drive, and Bison Avenue Alignment B -1;
and adopt Final EIR No. 150.
Discussion ensued, wherein it was
determined that there could be changes
made in the design alternatives later
on, but within the confines of the
General Plan.
Substitute motion was made to adopt
Alternative No. 3 - MacArthur Boulevard
Alignment N -1 and Bison Avenue Alignment
B -1. A decision on whether or not to
construct a bicycle /pedestrian bridge
over MacArthur Boulevard at the
extension of Crown Drive and a traffic
signal at Harbor View Drive will be made
by the City Council after more detailed
design studies have been made; and adopt
Resolution No. 92 -29, certifying Final
EIR No. 150 and:
(a) Make the findings contained
In the Statement of
Findings and Facts (Exhibit
A of the Resolution); and
(b) Find that all feasible
measures to eliminate or
reduce the significant
effects of the project have
been incorporated as
mitigation measures
Identified in the Final
RIR; and
(c) Find that although the
Final EIR identifies
certain unavoidable
significant environmental
effects that will result if
the project is constructed,
all feasible mitigation
measures to reduce these
significant effects have
Volume 46 - Page 125
MINUTES
MacArthr
B1 Wdng
COUNCIL MEMBERS
•
Motion
All Ayes
Motion
All Ayes
•
X
X
CITY OF NEWPORT BEACH
MINUTES
April 13, 1992
1011i
been incorporated into the MacArth
project, and the remaining Bl Wdng
unavoidable significant
effects, when balanced
against the facts set forth
in the Statement of
Overriding Considerations
(Exhibit H of the
Resolution), are
acceptable; and
(d) Find that the facts set
forth in the Statement of
Findings and Facts and the
Statement of Overriding
Considerations are true and
are supported by
substantial evidence in the
record, including Final EIR
No. 150; and
(e) Find that Final EIR No. 150
Volume 46 - Page 126
and the certifying
resolution reflect the
independent judgement of
the City Council and were
considered prior to
approval of the project;
and
(f) Adopt the Mitigation
Monitoring and Reporting
Program contained in
Exhibit C of the
Resolution.
5.
Mayor Sansone opened the public hearing
GS
concerning CITY HOUSEHOLD HAZARDOUS
(44)
WASTE ELEMENT (HHVR).
Report from the General Services
Director.
Hearing no one wishing to address the
Council, the public hearing was closed,
and motion was made to accept the
preliminary draft Household Hazardous
Waste Element.
E.
PUBLIC COMMENTS:
None.
F.
CONSENT CALENDAR:
The
following actions were taken, except for
those items removed:
1.
ORDINANCES FOR INTRODUCTION:
Pass to second reading on April 27, 1992
(a) Proposed ORDINANCE MO. 92 -9,
Ord 92 -9
being.
Veh /Trfc
(85)
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
NEWPORT BEACH ADDING
SECTION 12.66.082 TO THE
Volume 46 - Page 126
•
•
WY Me) Ai I pu Of I;I0 )DE".01
April 13, 1992
NEWPORT BEACH MUNICIPAL
CODE TO PROVIDE FOR
APPLICATION OF VEHICLE CODE
TO PRIVATE STREETS IN THE
TERRACES OF CORONA DEL MAR
DEVELOPMENT. [Report from
Public Works /Traffic
Engineering]
Schedule for public hearing on April 27,
1992 -
(b) Removed from the Consent Calendar
(refer to agenda item G. 4 for
Council action).
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 92 -30 requiring
owners of property located in
ASSESSMENT DISTRICT NO. 62 to be
prepared to receive service from
wire - serving public utilities by
April 27, 1992; and ordering
public utilities to discontinue
service to any property which has
not been so prepared by that date.
[Report from the Public Works
Department]
(b) Resolution No. 92 -31 setting the
ration level to 103 below the Base
Year Allocations by implementing
the Phase I provisions of
Ordinance 91 -17; declaring and
affirming that the drought is not
over; authorizing staff to
implement the Phase I Water
Conservation and Rationing
Restrictions; and authorizing
staff to have the ocean front
showers on public beaches
reactivated during the summer
months. [Attached w /report from
Utilities Department]
3. CONTRACTS /ACRE611SNTS:
4.
(a) Removed from the Consent Calendar
(refer to agenda item G. 2 for
Council action).
- For referral as
indicated:
(a) To Historical Preservation Ad Hoc
Committee for response, letter
from Jennie V. (Mrs. 0. W. "Dick ")
Richard with DONATION OF MARLIN
SCULPTURE to the City.
(b) To Marine Department for reply,
letter of complaint from Robert D.
Moran, Orange, concerning NEWPORT
DUNES policy on entry /exit fees.
(c) To Public Works /Traffic
Engineering Department for reply,
letter from Frank L. Swan, Inc.,
protesting the "NO LEFT TURN"
SIGNAL AT MACARTHUR COURT STREET.
Volume 46 - Page 127
MINUTES
I Shia'
Utilities/
Asmt Dist
62
Res 92 -30
(89)
Utilities/
Ration Lvl
Res 92 -31
(89)
Historical
Pres Ad Hoc
Cmte
(24)
Marine Dpt
(51)
PW /Trfc
(85)
A4,11 LeM= aw :;x �
•
•
,
CITY OF NEWPORT BEACH
MINUTES
April 13. 1992
(d) To Utilities Department for
UtiI
inclusion in the records, letter
(89)
from State Department of
Conservation, Division of Oil and
Gas regarding the Newport Beach
Lease for VEST NEWPORT FIELD -
1992 ANNUAL ENVIRONMENTAL
INSPECTION.
(e) To Utilities Department for
Util
response, letter from Newport Pier
(89)
Association with suggestions for
COLOR OF LIGHT STANDARDS AND
BOLLARDS in the Newport Pier area.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Atilla Earazz alleging damages to
Kara
vehicle as a result of City Refuse
Truck backing into claimant's
vehicle on January 15, 1992 on
Santa Ana Street.
2THIT2
ties
(b) Lynne M. Beaumont alleging damages Beaumont
to vehicle in November, 1991 as a
result of front wheel dropping
into hole approximately 1 -1/2 feet
deep (at Via Mentone and Via Lido
Saud) caused by Raymor Electric
doing work for City in the area.
(c) Ross and Marian Canon alleging Canon
damage to vehicle on March 26,
1992 at Jamboree and Bison Avenue,
as a result of being struck by
City Police car.
(d) Tinh The Duong alleging personal Duong
injuries and damage to his vehicle
as a result of accident with City
truck at Jamboree and South Main
on March 3, 1992.
(e) Edward J. Estrada alleging his Estrada
parked vehicle was hit by City
truck on 1526 Placentia, Costa
Mesa on March 27, 1992.
(f) Jack C. Evans alleging personal Evans
injuries as a result of trip and
fall in hole on sidewalk on Lido
Isla/Via Lido Soud on January 3,
1992, caused by negligence on the
part of Raymor Electric under
contract with City.
(g) Jan Hanigan alleging damage to Hanigan
vehicle as a result of hitting
pothole in the street at MacArthur
Boulevard, near Bison Avenue on
February 13, 1992, as well as
claiming loss of two day's work.
(h) David Moss for monetary damages as Moss
a result of allegedly being
falsely arrested /detained by the
Police Department on April 1, 1992
and released on April 2, 1992.
Volume 46 - Page 128
0
•
•
CITY OF NEWPORT BEACH
Yl U111 I
April 13, 1992
Y kira
M Paula J. Olivier alleging personal Olivier
injuries as a result of trip and
fall on sidewalk due to debris and
sap from tree trimming conducted
earlier in the day near Studio
Cafe, Corona del Mar on November
15. 1991.
(j) Mary Jane Rusts (employee) seeking IRentz
reimbursement of attorney fees
incurred as a result of
"unwarranted" disciplinary action.
(k) State Farm Insurance Co. for State Farm/
Kathleen Paradis alleging personal Paradis
injuries and damage to vehicle as
a result of being struck by City
automobile at Atlanta Avenue,
Huntington Beach on December 23,
1991.
(1) Chriss V. Street alleging damage
to vehicle as a result of hitting
unmarked dip at s/w corner
Jamboree Road and Pacific Coast
Highway on March 11, 1992.
(m) Red Stuka for reimbursement due to
property damage to unclog drains
allegedly due to roots blocking
drain at 302 Marguerite Avenue,
Apartment A, Corona del Mar on
January 12 and 18, 1992.
(n) Martha Szwarocky alleging injuries
as a result of tripping over City
hose which was negligently placed
on public sidewalk at intersection
of Park Avenue and North Bay Front
on December 27, 1991.
For rejection:
(o) Late claim of Lucky Stores, Inc.
for Thomas Alongi alleging damage
to vehicle as a result of accident
with City truck at Harbor
Boulevard and 55 Freeway, on April
26, 1991.
7. SMIXONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Laois Coodman, Orange County
Superior Court, Case No. 662659.
Claim was denied by City Council
on January 14, 1991.
(b) Brandon Hawkins and Michael Smyth,
Orange County Superior Court, Case
No. 684331. Claim was denied by
City Council on January 13, 1992.
(c) Jacqueline R. Schwalbe for wage
loss, hospital and medical
expenses, etc., Orange County
Superior Court, Case No. 684389.
Claim was denied by City Council
January 13, 1992.
Volume 46 - Page 129
Street
Stuka
Szwarocky
Lucky
Stores/
Alongi
Goodman
Hawkins/
Smyth
Schwalbe
•
•
•
CITY OF NEWPORT BEACH
I'\'S'\ \\\�� \\ April 13, 1992
MINUTES
INM
(66)
Policy
(69)
PW /Santiago
Dr/Irvine/
Tustin
C -2641
(38)
Irvine/
Santiago
Imprvms/
16th
C -2641
(38)
Seashore
,Dr /Prpty
(73)
Resub 936
(84)
S. REQUEST TO APPROVE/FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) Two Firefighters, Fire Department.
(b) Two Fire Captains, Fire
Department.
(c) One Equipment Operator I, Parks
Division.
(d) Removed from the Consent Calendar
(refer to agenda item G. 1 for
Council action).
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from General Services
Director recommending adoption of
Council Policy L -17, ADOPT -A -BRACH
PROGRAM.
10. PUBLIC HEARING SCHEDULING - May 11,
1992:
(a) NOTICE OF COST FOR CONSTRUCTION OF
CORES, GUTTERS AND DRIVEWAY
APPROACH ALONG SANTIAGO DRIVE
BETWEEN IRVINE AVENUE AND TUSTIN
AVENUE (CONTRACT NO. 2641) under
the procedure of Chapter 27 of the
Improvement Act of 1911. [Report
from the Public Works Department]
11. IRVINE AVENUE AT SANTIAGO DRIVE
INTERSECTION IMPROVRMKNTS AND IRVINE
AVENUE REHABILITATION BETWEEN 16TH
STREET AND SANTIAGO DRIVE (C -2641) -
Accept the work; authorize the City
Clark to file a Notice of Completion and
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]
12. RELOCATION OF SEASHORE DRIVE CUL -DE -SAC
- Uphold staff's recommendation to
accept the Quitclaim Deed from the
Orange County Flood Control District.
[Report from the Public Works
Department]
13. RESUBDIVISION NO. 936 - Accept the
public improvements constructed in
conjunction with Resubdivision No. 936,
located at 2612 - 2616 Ocean
Boulevard, between Dahlia Avenue and
Fernleaf Avenue, in Corona del Mar;
authorize the City Clerk to release the
Faithful Performance Surety (cash
deposit in the amount of $2,200.00,
deposited into Account No. 02- 710 -00 on
April 29, 1991, from Roy Ward of 2614
Ocean Boulevard, Corona del Mar); and
release the Labor and Materials Surety
(cash deposit in the amount of
Volume 46 - Page 130
INM
(66)
Policy
(69)
PW /Santiago
Dr/Irvine/
Tustin
C -2641
(38)
Irvine/
Santiago
Imprvms/
16th
C -2641
(38)
Seashore
,Dr /Prpty
(73)
Resub 936
(84)
•
•
•
w V
CITY OF NEWPORT BEACH
April 13, 1992
MINUTES
Im
303 43rd
St /Canal Tr
Imprvm
(65)
Central
Library
C -2778
(38)
Wtr Mn Instl
WCH /Orng CC
Sailg /Rowg
C -2888
(38)
701 Kings
Rd Encrchms
(65)
Special
Events
(27)
Apl 92 -038
Apl 92 -086
$2,200.00, deposited into Account No.
02- 710 -00 on April 29, 1991, from Roy
Ward of 2614 Ocean Boulevard, Corona del
Mar) in six months provided no claims
have been filed. [Report from the
Public Works Department]
14. AGREEMENT FOR NONSTANDARD IMPR09ffiNTS
AT 303 43rd STREET, CANAL TRACT (Robert
Jessen - Owner) - Approve an Agreement
for Nonstandard Improvements for a wood
pile retaining wall, sunken wood deck
and concrete block wall which encroach
at the northeasterly corner and the
northwesterly corner, respectively, of
303 43rd Street; authorize the Mayor and
City Clerk to execute the agreement; and
record the agreement with the Orange
County Recorder. [Report from the Public
Works Department]
15. CENTRAL LIBRARY (C -2778) - Approve the
plans and specifications; and authorize
the City Clerk to advertise for bids to
be received by 11:00 a.m. on May 21,
1992. [Report from the Public Works
Department]
16. WATER NA TiI INSTALLATIONS ON WEST COAST
HIGHWAY FOR THE ORANGE COAST COLLEGE
SAILING 6 ROWING CENTER (CONTRACT NO.
2888) - Accept the work; authorize the
City Clerk to file a Notice of
Completion and release the bonds 35 days
after the Notice of Completion has been
recorded in accordance with the
California Civil Code, provided no
claims have been filed. Report from
the Utilities Department]
17. AGREEMENT FOR NONSTANDARD IMPROVEMENTS
IN THE CITY SEWER EASEMENT AT 701 KINGS
ROAD - Approve a Nonstandard
Encroachment Agreement for maintenance
and replacement responsibility of
certain nonstandard encroaching
improvements within the City's sever
easement; and direct the City Clerk to
have the Agreement recorded with the
Orange County Recorder. [Report from
the Utilities Department]
18. SPECIAL EVENTS APPLICATIONS - Uphold
staff'a recommendation to approve the
following applications, subject to
conditions listed in the staff report.
(Report from Revenue Manager/Finance
Department)
(a) Application No. 92 -038, California
State Chili Championship to
conduct a chili cookoff with
outdoor amplified sound, Friday,
May 22, 1992, from 4:00 - 10:00
p.m., at the Dune's Aquatic Park.
(b) Application. No. 92 -086, Balboa
Committee of Orange County
Philharmonic Society's use of
amplified sound in a residential
area at 2112 East Balboa
Boulevard, Saturday, June 6, 1992,
from 6:30 to 9:30 p.m.
Volume 46 - Page 131
Im
303 43rd
St /Canal Tr
Imprvm
(65)
Central
Library
C -2778
(38)
Wtr Mn Instl
WCH /Orng CC
Sailg /Rowg
C -2888
(38)
701 Kings
Rd Encrchms
(65)
Special
Events
(27)
Apl 92 -038
Apl 92 -086
CITY OF NEWPORT BEACH
\
��,�t April 13, 1992
ROLL CFL.L
•
•
Motion
All Ayes
•
MINUTES
INiEX
L11
L12
L
?ern
-617
Bus
3y
21
ipt
chg
Stdy
(c) Application No. 92 -090, Book -A-
Apl
Look's Anniversary ,Party with
amplified sound, Saturday, April
26, 1992, from 12 Noon to 6:00
p.m. at 324 North Newport
Boulevard.
(d) Application No. 92 -111, Big Canyon
Apl 92-
Country Club's fireworks display
with outdoor amplified sound on
July 4, 1992, from 6:00 to 9:00
p.m. at the Big Canyon Golf
Course.
(e) Application No. 92 -112, American
Apl 92-
Legion Post 291 - Removed from the
Consent Calendar (refer to agenda
item G. 3, and page 137 for final
Council action).
19. ORANGE COUNTY TAXI - Uphold staff's
0/C Tax
recommendation to approve request to
(27)
increase by five (S) the number of
taxicabs Orange County Taxi operates in
the City. Report from the Revenue
Manager, Finance Department]
20. HARBOR PERMIT APPLICATION 124 -617 TO
Harbor
REVISE THE FLOATS BAYWARD OF 617 LIDO
Apl 124
P
PARR DRIVE- Uphold staff's
recommendation to approve the
application, subject to conditions
listed in the staff report for 701 Lido
Park Drive Partnership. [Report from
the Marine Department]
21. BUDGET AMENDMENTS - For approval:
(40)
BA -047, $8,000 - Decrease in Reserve for
Tennis Courts and Increase in Budget
Appropriations to resurface tennis
courts; Parks, Beaches and Recreation -
Self Supporting Fund.
BA -048, $800 - Decrease in Reserve for
Surfboards and increase in Budget
Appropriations to purchase Summer
Surfboards; Parks, Beaches and
Recreation -Self Supporting Fund.
BA -049, $93,313 - Transfer in Budget
Appropriations to provide funding for a
professional services agreement (Robert
Bain, William Frost and Associates) to
prepare a preliminary design study for
street improvements In the BALBOA
Balboa
BUSINESS DISTRICT; Irvine /Santiago
Dist St
Intersection - General Fund. [Memorandum
C -2904
from the Public Works Department]
(38)
C. ITEMS REMOVED FROM THE CONSENT CALENDAR:
x
1. Notion was made to delete from the
Personn
Request to fill Personnel Vacancies
(66)
list, one Utility Specialist, Utilities
Department. This position was approved
on the March 23, 1992.
2. Report from the Public Works Department
PW /PCH/
recommending approval of Engineering
B1 Intr
Agreement with IVA for PACIFIC COAST
Imprvm
HIGHWAY/NEWPORT BOULEVARD INTERCHANGE
(74)
IMPROVEMENT STUDY.
Volume 46 - Page 132
L11
L12
L
?ern
-617
Bus
3y
21
ipt
chg
Stdy
COUNCIL MEMBERS
:i4 !;
Motion
•
Motion x
Ayes x x x
Noes x x x
All Ayes
•
Motion x
0
Motion
Ayes
Noes
CITY OF NEWPORT BEACH
X I X I X I X I X I X
April 13, 1992
Council Member Plummer commended the
Public Works Department for their
aggressive pursuit to plan and refine
our circulation infrastructure.
Ordinarily she is very supportive of
staff effort, but this is one time that
she does not agree to spending more
money to conduct a $100,000 study for
the Arches Interchange. Therefore,
motion was made to deny the proposed
funding for an interchange study for the
following reasons: The improvements to
be studied have just been completed, and
these improvements were based on
previous studies; and particularly about
spending that kind of money studying the
merge of a recently constructed offramp
In PCH that the City has wanted for many
many years; and further, that the City
reduce the scope of the study and the
expense to include only to 1)
implementing a proposed bike path; 2)
utilise the vacant property across from
the Arches Restaurant in some meaningful
manner; and 3) doing the landscaping.
Discussion ensued, wherein substitute
motion was made to approve Engineering
Agreement with IVA for Pacific Coast
Highway /Newport Boulevard Interchange
Improvement Study, which motion FAILED.
Upon further discussion, and no
objections from Council Member Plummer,
her original motion was amended to have
staff re- evaluate the Pacific Coast
Highway/Newport Boulevard Intercbanga
Improvement Study.
Special Events Application No. 92 -123 -
American Legion Post 291 Chili Cookoff
with outdoor amplified sound at 215 15th
Street, Saturday, April 18, 1992, from
10:00 a.m. to 6:00 P.M.
Discussion ensued, wherein motion was
made to approve the chili cookoff
fundraiser, but to not allow parking in
the City park.
Bill Vonesch, 110 Via Orvieto, Vice
President of the Corporate Board of the
American Legion, addressed the Council
and asked for clarification of the
motion, wherein, he advised that in
previous years similar parking had been
allowed for City sponsored functions.
Council Member Hart explained that the
Legion does have parking on -site, and
there are certain restraints put on all
buildings in the City. She suggested
that additional parking be requested
from the adjacent church, but that no
parking is permitted on the City parks
as this would set a precedent, and that
this is the first time that such a
request has come before the City
Council.
Substitute motion was made to allow the
American Legion Post 291 Chili Cookoff
to take place as requested, and to be
allowed to park on the City park, which
motion FAILED.
Volume 46 - Page 133
ITOG In
Npt B1
Interchg
Stdy
Special
Events
Apl 92 -123
American
Legion (27)
COUNCIL MEM1*RS
All Ayes
•
•
Motion
All Ayes
•
x
MINUTES
April 13, 1992
The main notion was voted on and
carried.
Council Member Hedges asked to be excused for
now, as he needs a formal ruling from the Fair
Political Practices Commission before he can
participate in the next item.
4. Report from the Deputy City Manager
Bus Lic/
regarding proposed ORDINANCE, being,
Short Term
AN ORDINANCE OF THE CITY COUNCIL
Rentals
OF THE CITY OF NEWPORT BEACH
(27)
AMENDING CHAPTER 5.04.030,
5.04.105, AND ADDING CHAPTER 5.95
Marine Dpt/
TO THE MUNICIPAL CODE ESTABLISHING
Catalina
REGULATIONS FOR THE OPERATION OF
Pasngr Sry
SHORT TERM LODGING UNITS WITHIN
(51)
RESIDENTIAL ZONES.
Gil Foerster, 2011 Kings Road, Realtor,
addressed the Council concerning the
short term rentals, adding that there is
a need for some control of the tenants
during the summer as well as in the
winter. He feels that the proposed
ordinance is flawed and cumbersome. He
advised that the staff doesn't have the
experience in dealing with the rentals,
landlords, and tenants to arrive at a
workable solution, and he recommends
that the ordinance in its proposed form
should be corrected, modified or
deleted. He also advised that the
proposed ordinance has little or no
changes in it from the preliminary draft
that was reviewed and discussed at the
meeting of February 11. Some of the
concerns that he has with the proposed
ordinance are . "the ordinance was
developed and reviewed with
representatives from both homeowners
associations, realtors, the City
Attorney, the Police Department, the
Revenue Manager assisted in the
effort..." He stated that it was
developed by staff and reviewed by staff
without a lot of input from people in
the Realtor community, the owners and
the homeowners associations.
Discussion ensued, wherein, Mr. Foerster
advised that the ordinance imposes
regulations that the owners cannot
control.
Notion was made to postpone first
reading of the ordinance for two weeks,
see if staff can come back with some
changes, and shorten the amnesty period.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. Memorandum from the City Attorney
Marine Dpt/
requesting action on CATALINA PASSENGER
Catalina
SERVICE APPLICATION be deferred.
Pasngr Sry
(51)
Volume 46 - Page 134
COUNCIL MEIM13EIS
Motion
All Ayes
X
CITY OF NEWP0RT BEACH
Motion
Ayesx l x l x l x l I x I x
Abstaine x
•
Motion
All Ayes
•
X
April 13, 1992
Notion was made to defer action to April
27, 1992, on subject application of
Catalina Passenger Service.
2. Report from the Planning Department
regarding the AD HOC COMMITTEE FOR THE
PREPARATION OF OLD NEWPORT BOULEVARD
SPECIFIC AREA PLAN.
Letter from Richard A. Higbie requesting
that he be considered as a member of the
subject ad hoc committee.
Notion was made to defer appointments to
Nay 11, 1992.
J. CURRENT BUSINESS:
1. Report from the Planning Department
regarding VARIANCE NO. 1154, a request
to clarify and interpret Condition of
Approval No. 7 of the previously
approved Variance No. 1154 which
permitted: the construction of a second
floor addition to a single family
dwelling which exceeded 1.5 times the
buildable area of the site; and
permitted the waiver of one of the
required off - street parking spaces. The
previous approval also included a
modification to the Zoning Code so as to
allow various front, aide and rear yard
encroachments associated with the second
floor addition. The current discussion
involves a request to clarify and
interpret the condition of approval
which prohibited the construction of a
fence, building or other obstruction
higher than 6 inches in the side yard
setback adjacent to the alley.
Council was advised that a letter was
received from appellant Bill Maxwell,
requesting that this item be deferred to
April 27, 1992, because he cannot be
present tonight.
Upon recommendation of the City Manager,
the action on the foregoing item will be
incorporated in one notion with J. 2.
MINUTES
Old Npt Bl
Spcfc Area
Pln Ad Hoc
Cmte (24)
Variance
1154
(91)
2. Report from the Public Works Department Collins Av/
concerning letter from Mr. Ralph Miller, Balboa is
protesting the placement of an C -2866
electrical service pedestal at 600 -1/2 (38)
South Bay Front (COLLINS AVENUE STORM
DRAIN AND BALBOA ISLAND ALLEY
RECONSTRUCTION CONTRACT NO. 2866).
Notion was made to defer action to the
meeting of April 27, 1992 for agenda
items J. 1 and J. 2, as requested.
3. Supplemental Agenda from the City
Attorney recommending the City Council
take action on the items listed in the
Supplemental Agenda after the regular
Agenda was posted.
Volume 46 - Page 135
Dvlpm Agm
C -2823
(38)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL L \\ \ \�� \\ April 13, 1992
Mot iOYi
All Ayes
•
MINUTES
INDEX
Library
Dvlpm Agm
Ord 92 -10
Library
Dvlpm Agm 4
Ord 92 -11
X
Notion was made to take the following
actions:
ACTION 1:
A. The Council Agenda was posted at
approximately 1:00 a.m. on April
9, 1992;
B. Due to conditions unacceptable to
the City and The Irvine Company,
the Library Development Agreement
and LCP Amendment No. 24 were
withdrawn from Coastal Commission
consideration at approximately
11:30 a.m., on April 9, 1992.
C. The Council needs to take action
on the items listed in the
Supplemental Agenda so that plans
for construction of the new
central library remain on
schedule.
ACTION 2•
Introduce the ordinances described in
the Supplemental Agenda and schedule
those ordinances and the related
resolutions for public hearing and
adoption on April 27, 1992:
1. ORDINANCES FOR INTRODUCTION -
Schedule for public hearing on
April 27, 1992.
A. Proposed ORDINANCE NO. 92-
10, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
NEWPORT BEACH REPEALING
ORDINANCE NO. 91 -46 AND
APPROVING THE DEVELOPMENT
AGREEMENT NO. 4 TO
FACILITATE THE LIBRARY
EBCHANGE AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH
AND THE IRVINE COMPANY
(DEVELOPMENT AGREEMENT)
B. Proposed ORDINANCE MO. 92-
11, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
NEWPORT BEACH REPEALING
ORDINANCE NO. 91 -47
(CORPORATE PLAZA WEST PC
TEST)
2. PUBLIC HEARING SCHEDULING FOR
APRIL 27, 1992:
A. LCP Land Um Plan Amendment
No. A Resolution of
the City Council of the
City of Newport Beach
rescinding Resolution No.
92 -03 (LCP Amendment No.
24)
Volume 46 - Page 136
INDEX
Library
Dvlpm Agm
Ord 92 -10
Library
Dvlpm Agm 4
Ord 92 -11
��
•
ion x
s x x x x
Noes x x x
Motion x
All Ayes
•
1T s
April 13, 1992
iy
B. Amendment No. 755. A
Library
proposed amendment to the
Dvlpm
Civic Plaza Planned
Agm
Community Development Plan
so as to permit 30,000
square feet of additional
office development
transferred from Corporate
Plaza West.
ACTION 3•
Authorize the Mayor and City Clark to
execute amendments to the . Library
Exchange Agreement and Library Transfer
Agreement.
3. PUBLIC HEARING SCHEDUL33C FOR
APRIL 27, 1992:
REPORT FROM THE CITY
ATTORNEY RECOMMENDING
AMENDMENTS TO THE LIBRARY
EXCHANGE AGREEMENT AND
LIBRARY TRANSFER AGREEMENT.
The proposed amendments
will authorize the transfer
of 30,000 square feet of
entitlement from Newport
Village to Civic Plaza as
opposed to Corporate Plaza
West and authorize the
closure of escrow upon
execution by the City of
the amended Exchange and
Transfer Agreements.
Council Member Hedges made a motion to
Rpecial
reconsider the American Legion Post 291
Events
Special Events Application.
Ap 92 -112
Notion was made to allow parking on the
(27)
grassy area for the above application,
on a one -time basis.
Meeting adjourned at 1:15 a.m., April 14, 1992
in memory of Eleanore L. Hastings, who
recently passed away, to 4:00 p.m., April 20,
1992 to discuss "Meet and Confer" process.
The agenda for this meeting was posted
on April 9, 1992 at 8:40 a.m. , on the
City Hall Bulletin Board located outside
of the City of Newport Beach
Administration Building.
Volume 46 - Page 137
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