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HomeMy WebLinkAbout05/11/1992 - Regular Meeting-iy"i: r� t. • CITY OF NEWPORT BEACH Present x x x x x x x Motion x All Ayes Motion x All Ayes • u REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: May 11, 1992 Charles Wilson of Southern California Edison Company presented two rebate checks totalling $9,840 to Council Member Hedges for energy efficient lighting in connection with the Lido Isle Street Lighting project, as well as a "Excellence in Energy Management Award" because of the City's participation in six separate energy conservation programs last year. Gordon Kilmer of the Environmental Quality Affairs Committee, and Council Member Watt, Liaison to the Committee, presented Beautification Awards to Michael Krasel, student at Corona del Mar High School, and Marshall Duffield, electric boat builder. A. ROLL CALL. B. Reading of the Minutes of Meeting of April 27, 1992, was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Sansone opened the continued 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 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 BRACH 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 AMENDMENT NO. 744]; AND Volume 46 - Page 155 MINUM (94) 92 -3 Hsptl 744 COUNCIL MEMBERS =,aim • • �� .f CITY OF NEWPORT BEACH May 11, 1992 B. Proposed ORDINANCE NO. 92 -4, be=' AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT NO. 5 FOR THE HOAG HOSPITAL MASTER PLAN BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN; AND 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; AND D. VARIANCE NO. 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: A portion of Lot 172, Block 1, Irvine's Subdivision, located at 4000 West Coast Highway, on the northerly side of West Coast Highway, between Newport Boulevard and Superior Avenue. Upper campus: Parcel No. 1 of Record Survey 15 -30, located at 301 Newport Boulevard, on the southwesterly corner of Hospital Road and Newport Boulevard. Report from the Planning Department. Report from the City Attorney regarding Hoag Development Agreement. Supplemental report from the Planning Department. The City Clerk advised that after the agenda was printed, five additional letters were received from the following in favor of Hoag's proposal: Mark Soden, J. Robert Fluor and Martha Fluor, William E. Bracey, Henry K. Swenerton, and Carol Chapman. In addition, six letters were received in opposition from the following: Roberta Hazlett, Grace R. Bissonnette, Ann and Lloyd Dietz, Roslyn Snow, Jan D. Vandersloot, N.C., and Richard L. Winegar. Patricia Temple, Advance Planning Manager, referenced her Supplemental Report stating that staff has developed an alternate approach to the Wetlands mitigation issue, and it is included in the straw vote listing, this concept would be to allow the hospital to proceed through the Corps of Engineers review process for their fresh water mitigation program and whatever the Agency determined to be the Volume 46 - Page 156 MINUTES INDEX Ord 92 -4 Hoag Mstr Pin /Dvlp Agm No. 5 C -2912 (38) Tfc Stdy Variance 1180 n • • CITY OF NEWPORT BEACH 11. 1992 appropriate ratio for mitigation would be as required in the course of their normal permit process. This would then allow the City to entertain optional mitigation in an area of the City of more local concern, such as the Semeniuk Slough. This concept has been reviewed with the Public Works Department and they estimate the cost of that potential improvement in the range of $175,000 to $200,000. The staff report also includes a description of the alternate setbacks on West Coast Highway as suggested by Hoag Hospital at the last meeting. Ms. Temple stated that in addition to the above Supplemental Report, the City Council received a further report last Friday, summarizing the additional issues and concerns raised by members of the general public in regards to conditions of approval and mitigation measures applied to the Hoag Hospital project. These issues concern: Building on or Near Earthquake Faults - There has been an on- going concern regarding this matter,] and should the City Council wish to consider a standard to preclude development on any active or inactive fault, it should be addressed as a local amendment to the uniform building code. It should be pointed out that a requirement this stringent may severely limit the development potential of many building sites in the City. She has discussed this item at length with the Building Department and they believe this issue can be adequately addressed through the review of technical engineering documents that is involved in the issuance of a grading permit. Compliance with Regulatory Requirements - Concern has been expressed that the hospital facilities, particularly the methane gas flare facility either is, or will not be in compliance with important and applicable regulatory standards. It is important to note that all development is required to comply with all applicable law. To clearly indicate this, staff suggests the following additional mitigation measure: "The methane gas facility and all building on the lower campus shall be subject to all laws and regulations applicable, including, but not limited to, the Federal Regulation contained in 29 CFR 1910, the State Health and Safety Code, Division 20, Chapter 6.95, and the regulations of OSHA and the National Fire Protection Volume 46 - Page 157 MINUTES Hoag Hsptl COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH Nay 11, 1992 Association. Prior to the Issuance of building permits on the lower campus, the project sponsor shall submit to the Newport Beach Fire Department a compliance review report of all the above referenced laws and regulations." Indevendent Testing and Analysis - It has been suggested that the technical engineering reports submitted as part of the building permit process be prepared under contract to the City instead of the applicant. It is the position of staff that this is not necessary for two reasons. Engineering reports submitted in support of a building permit must be submitted by a registered engineer, who incurs liability for its contents. Since these professionals are liable, it is not expected that the reports will be slanted to the applicants advantage. Additionally, the City of Newport Beach employees engineers to review plans and reports for adequacy. If the reports are determined to be in any way deficient, corrections will be required prior to the issuance of any grading or building permits. Relocation of Wildlife - It has been suggested that wildlife, particularly fish and amphibian life, living in the wetland area be relocated prior to the destruction through filling of such wetland. Staff does not know whether the Resource agencies would make such a requirement, or whether they would allow such a relocation to occur. If the City Council desires to impose this requirement, the following language is suggested: "Prior to the issuance of grading permits for the fill of the wetland area, the project sponsor shall, in a manner and location acceptable to the U.S. Fish and Wildlife Service and the California Department of Fish and Game, relocate fish and amphibian wildlife if said relocation is determined by those agencies to be appropriate." Critical Care Addition Straw Vote - A question has been raised as to the intent of the straw vote on the setback for the critical care /surgery addition. In defining the prolongation of the line of the cafeteria, the intent of the language is to use the existing building which houses the cafeteria and laboratory, or the line of the access road as it curves easterly towards the Volume 46 - Page 158 MINUTES Hoag Hsptl CITY OF NEWPORT BEACH May 11, 1992 loading dock and parking structure, as presented by Hoag Hospital on April 13, 1992. o Privacy Screening. of Critical Care • Addition - It has been suggested that the design of the critical care /surgery addition include louvered or lattice window screens for the purpose of insuring the privacy of residents of Villa Balboa. The following additional mitigation measure is suggested: "The design of the critical care /surgery addition shall incorporate screening devices for the windows which face the Villa Balboa area for the purpose of providing privacy for residents, so long as these screening devices can be designed to meet the Hospital Building Code requirements regarding the provision of natural light to the facility." o Straw Vote Issues - It has been suggested that the order of straw votes be altered to resolve the issue of the bicycle bridge contribution prior to the other public benefit issues. Therefore, it is suggested that item 11 be • voted on by the City Council following item number 8 and before items 9 and 10. o Additional Air Quality Analysis - At the request of the AQMD, a CC analysis is incorporated into the environmental documentation. In repose to question raised by Council Member Watt regarding the Wetlands Location and Mitigation Ratio, Ms. Temple stated that in working with the resource agencies to date, it is staff's understanding that the mitigation actually required as part of the 404 permit process, and the Coastal Commission process, it is likely to be very close to 1 to 1; rather than the 1.5 to 1 recommended by the Planning Commission. The suggestion is to leave the fresh water mitigation program to the jurisdiction of the appropriate resources agencies, but in lieu of establishing a larger minimum fresh water mitigation of 1.5 to 1, to allow the hospital to pursue an optional • improvement in Semeniuk Slough, which would be supplemental to whatever actual mitigation was required by the Army Corps of Engineers and the Coastal Commission as part of their 404 and Coastal permits. If the City establishes a ratio of 1.5 to 1, Volume 46 - Page 159 MINUTES Hoag Hsptl r� iarr.. • 0 • , CITY OF NEWPORT BEACH 11, 1992 and the Corps of Engineer says that 1 to 1 is sufficient, the hospital would still be required to pursue a permit for 1.5 to 1. If a minimum is not set, it will just: be a determination of the U.S. Fish and Wildlife Service and the Fish and Game Department. The City Attorney stated that just prior to the City Council meeting, he distributed a revised draft of the proposed Development Agreement which contains changes to the original agreement proposed by Hoag. The revisions that have been made are in response to concerns by City Council, as well as input from the general public through the testimony at the public hearing. He summarized the differences between the original document proposed by Hoag Hospital and the document currently under consideration. He stated that the agreement does not give Hoag "carte blanche" to improve their property any way they want; however, it does authorize Hoag to develop their property, but only if they comply with conditions and limitations imposed by the Council in the Master Plan and as a result of CEQA. Hoag must also satisfy numerous conditions before they begin any construction whatsoever. The agreement further establishes a ceiling which prevents Hoag from requesting any additional entitlement and the City Council is prevented from granting any additional entitlement. The term of the agreement has been reduced from 40 years to 25 years, and the provisions relating to annual review have also been changed to conduct such review at a public hearing, including a detailed analysis of the views impacted, if any, by the construction on the site compared to the views that are depicted in the EIR. A provision was also added in the agreement which requires Hoag to hold the City harmless with respect to any loss or claim related to the grading or excavation of the slopes. And lastly, a provision was added that requires Hoag to enter into an agreement that would transfer the responsibility of the ownership of the flare on the property. There are also discretionary approvals required with Phase II and III, which includes a traffic study and detailed view analysis. Council Member Hart referenced a new drawing on display designated as "Conceptual Sketch - Hoag Hospital," which she pointed out Volume 46 - Page 160 MINUTES Vffl Ga Hoag Hsptl • Green Red Green 0 Green Red Green Red • Green Red CITY OF NEWPORT BEACH COLNUL MEMBERS X I x I x I x I x I x I x x l x l x l x l x I x I x J X J X J X J X J X J X J X iXIXIXIXIXIXIX 1992 was a little different than what the City Council had seen in the past. At this time, the City Council straw - voted the following issues: 1. Wetlands: a. Shall the wetlands be preserved on site or mitigated off site? Council Member Watt commented that she preferred to leave the wetlands on -site if the conditions are not met relative to earthquake fault, soil stability, etc. On Site Off Site b. What shall the mitigation approach be? Council Member Watt stated she would like to deal with the mitigation issue separately, and then the Semeniuk Slough project as a benefit that would be in addition, and therefore she would vote for the single site. Single Site, fresh water mitigation. Dual site, 1:1 (min) fresh water mitigation plus potential Semeniuk Slough project. 2. Critical Care Surgery Addition: a. Shall expansion for the surgery addition be allowed on the west side of the existing tower? Yes No b. If yes, what shall the required setback be? Easterly line of service access road. Prolongation of the westerly line of the cafeteria including to the point of intersection. 3. Lower Campus Height Limits: a. What shall the height of the cancer center expansion areas (Zones D & G) be? 3- Story, 57.5 MSL 2- Story, 45 ft. MSL Volume 46 - Page 161 3oag Hsptl In MI CITY OF > NEWPORT' BEACH May 11, 1992 Volume 46 - Page 162 MINUTES ffN a- Hoag Hsptl b. Which height limitation system shall be adopted? Green P.C. Recommendation (same as Hoag request). Alternate Homeowner's Proposal (57.5, 52, 41 feet MSL)? Council Member Plummer suggested an alternative to the above two options; to reduce one additional foot for the rear building envelope adjacent to the bluff, and to further enhance public views and provide a more aesthetic appearance along Pacific Coast Highway, to reduce the height of the front buildings an additional 3 feet. She stated this would mean that the buildings along the back portion of the bluff would be reduced an additional foot. The reduction of 3 feet in the front would allow for some views to Coast Highway from the bluff area. Since it is the height adjacent to Coast Highway which has the greatest effect on the view from the bluff, this reduction is significant. Council Member Turner indicated he felt Council Member Plummer's suggestion is a modification to the P.C. recommendation, and also ties into straw vote item 4.b. (which has not yet been considered) and deals with the setbacks westerly of the signal. • Ms. Temple, in response to question raised regarding height limits, commented that as Council Member Plummer indicated, the zone system of the alternate homeowners proposal is entirely different and runs in the opposing direction to the Hoag request (P.C. recommendation), so the height limits are very difficult to compare. She stated that basically, with the exception of the area near the cancer center, the height limit of the homeowners proposal in the rear edge of the property that is closest to Villa Balboa, is 57.5 feet above mean sea level. The option which Council Member Plummer has offered would in Zone A have that rear line to be 67 feet, in Zone B, the rear line would,be 63 feet, and in Zone C, the rear line would be 59 feet. In terms of the Coast Highway side of the envelopes, the homeowners' request for most of the area is 41 feet or 52 feet, and in the option offered by Council Member Plummer, the height limit in Zone A would be 62 feet, in Zone B, 57 feet going down to 53 feet, and in Zone C, 51 feet. She stated that simply put, the homeowners' option is still lower than the alternate proposed by • Council Member Plummer; however, the option proposed by Council Member Plummer is less than that recommended by the Planning Commission. Volume 46 - Page 162 MINUTES ffN a- Hoag Hsptl Redte Ix Ix Ix Ix • Green Red X I Y Ix Green Red x I x x x Green Red • Green Red X Ix Ix Ix x ix ix Ix Green Red x x x x • CITY OF NEWPORT BEACH �A\ May 11, 1992 • x x Hearing no further comments, the white light was assigned to Council Member Plummer's option, and the vote was taken. 4. West Coast Highway Setback: a. What shall the basic setback easterly of the entry signal be? • x x 15 feet 25 feet b. What shall the basic and articulation setbacks westerly of the entry signal be? 34, 40, and 45 feet • x x 45, 55, and 65 feet (Alternate Hoag proposal) 5. Shall articulation requirements be enacted as recommended by the Planning Commission? • x x Yes No 6. What shall the Newport Boulevard setback from Hospital Road to 600 feet south be? X x 20 feet X 25 feet 7. Should the depth of the linear portion of the view park be increased from 20 to 60 feet? Yes • x x No 8. Should the development standards contained in the P -C Text include a requirement that all above grade parking be covered? Council Member Turner suggested that the following language be added to the "yes" portion of this straw vote: "to a distance of 100 feet from the service road." Council Member Turner stated the reason he is recommending the above addition is because he felt it would not be in the best interest for preservation of views. He indicated that should Hoag decide to put a parking Volume 46 - Page 163 r MINUTES Hoag Hsptl 1ZL4 g • Green Red • • CO MIL MEMBERS X xl CITY OF NEWPORT BEACH x May 11, 1992 structure on this site, then it would be required to be covered. Ms. Temple commented that the intent of item No. 8 is that it applies to only parking which is above grade, and it would not apply to at -grade surface parking. Following discussion, the Council decided to first straw vote this item as presented (without Council Member Turner's amendment). Yes Qr In view of the foregoing, no further action was taken on Council Member Turner's amendment. At this time the Council straw - voted item No. 11. 11. Should the City require Hoag Hospital to increase the size of the view park dedication by an area appraised at $250,000 in lieu of providing funding for the bicycle /pedestrian bridge? Mayor Sansone stated that he was opposed to the bicycle bridge and that he will be voting against this issue for the following reasons: "There is considerable amount of landscaping included in this project, and the County Sanitation District has a plan approved and funded to run a reclaimed water line to their Sanitation District No. 5 plant in Huntington Beach, which is in close proximity to where the City will be crossing the Santa Ana River with our fresh water line. This gives us an opportunity to use the $250,000 mentioned here toward the funding of bringing reclaimed water into the western part of the City. I don't know when the reclaimed water line will be completed at their plant, but I do know that CalTrans has already requested that they be granted access to that line to Pacific Coast Highway for use on the median strips on the highway vast of the Santa Ana River bridge. When the Volume 46 - Page 164 MINUTES Hoag dsptl CODICIL MEMBERS EM 07 141+ • Green Red • C J CITY OF NEWPORT BEACH I x l x l x l xi x May 11, 1992 Sanitation District approved the water line initially, I was assured at that time that there was sufficient capacity in the line to take care of any of Newport Beach's demands in the western part of the City. Therefore, I would like to propose that the subject $250,000 in lieu of being spent for a bicycle bridge or increasing the size of the view park be earmarked toward funding to provide reclaimed water to the western part of the City." Council Member Cox suggested that at this time, straw vote item No. 11 be voted on as presented, and to consider Mayor Sansone's proposal later in the meeting. Yes RM Shall the City require the hospital to construct a minimum 6 foot wide sidewalk and make landscaping improvements in the CalTrans right -of -way along Newport Boulevard? The Public Works Director advised that his Department estimates the landscaping improvements, including grading, retaining wall construction, and a small amount of drainage, to be roughly $140,000. Council Member Turner suggested as an alternative to the yes /no straw vote, "that subject to further study and analysis, the $250,000 be earmarked for improvements in the area of the City generally located between PCH and Newport Boulevard in a north /westerly direction." Council Member Cox stated he shared the concerns of Mayor Sansone with regard to the reclaimed water project. However, at the same time, the City is attempting to improve the appearance and landscaping of the area surrounding Newport Boulevard and PCH; and therefore, he suggested that the $250,000 be used for the reclaimed water project and landscaping improvements on Newport Boulevard. Volume 46 - Page 165 rV Hsptl CITY OF NEWPORT BEACH COUNCIL ROLL CALL N • Green Ix Ix Ix Ix Ix Ix Ix Red eeII Ix Ix Ix Ix Ix Ix Ix Red Gr Reden Ix I x Ix Ix Ix Ix Ix • Green Red x I x I x I x I x I x I x Council Member Hart spoke strongly for the need to improve Newport Boulevard in this area and the importance of the sidewalk, and urged that the Council move ahead to require that Hoag be financially responsible for completing the landscaping on their property. Following consideration, item No. 9 was amended to reflect that the $250,000 originally proposed for the bicycle /pedestrian bridge be applied to the construction of a 6 foot wide sidewalk and landscaping improvements on the Call'rans right -of -way along the Newport Boulevard as first priority, and that the remaining funds be applied to providing reclaimed water to this area. Yes No 10. Shall Hoag Hospital make a contribution to the construction of a bicycle/ pedestrian bridge over Superior Avenue as provided for in the Newport Beach General Plan and recommended by the Planning Commission? Yes No 12. Development Agreement. a. Shall the project approval include the approval of a Development Agreement with the alterations recommended by the City Attorney? Council Member watt stated she will be voting against the Development Agreement because she cannot conscientiously see the reason for such a document. She does not think it would essentially harm any party not to have it, and she also thinks it could prove to be a cumbersome thing for the City, and even possibly the hospital. Yes No b. what shall be the term of the agreement? 25 years 10 years Volume 46 - Page 166 MINUTES Hoag Hsptl COUNCIL MEMBERS m[ 411WO?:16� • Green x x x x x x Red Motion x All Ayes C • CITY OF NEWPORT BEACH May 11, 1992 Mayor Sansone immediately requested his vote be changed to 25 years because he wants the opportunity in the future to ask for reconsideration of this item should it be necessary. He also stated he objects to the 25 year term as he does not believe that successor City Councils should be "saddled" with the decision made this; evening. At this time, motion was made to straw -vote the addition of the two mitigation measures set forth in the staff report and enumerated earlier in the meeting relative to the methane gas facility, and the privacy screening of the critical care addition. Yes No In concluding this subject matter, motion was made to close the public hearing and take the following actions: 1. Adopt Resolution No. 92 -43, accepting, approving and certifying Final Environmental Impact Report No. 142; 2. Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; 3. Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; Vith respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the unavoidable environmental effects, are acceptable; Volume 46 - Page 167 MINUTES RIN I* iisptl • • X, CITY OF NEWP0W BEACH MINUTES May 11, 1992 5. Re- introduce proposed Ordinance Hoag C_sptl Mo. 92 -3, and pass to second reading on May 26, 1992, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE- ZONING THE PROPERTY COMMONLY KNOWN AS HOAG MEMORIAL HOSPITAL PRESBYTERIAN FROM THE A -P -H AND THE U DISTRICTS TO THE P -C (PLANNED COMMUNITY) DISTRICT, AMENDING CHAPTER 20.02 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE THE BEIM 7 TATION ZONES NAP AND THE LEGAL DESCRIP- TION OF THE 26/35 FOOT HEIGHT LffiTATION DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR HOAG HOSPITAL (PLANNING COMMISSION AMENDMENT NO. 744); 6. Re- introduce proposed ORDINANCE NO. 92 -4, and pass to second reading on May 26, 1992, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MENORIAL HOSPITAL PRESBYTERIAN (DEVELOPMENT AGREM021T NO. 5); 7. Sustain the action of the Planning Commission and approve Traffic Study No. 81 and Variance 1180. Mayor Sansone opened the public hearing GPA 91 -1(B) regarding GENERAL PLAN AMENDMENT NO. 91- (45) 1(B) - Request to consider adoption of a Growth Management Element of the General Plan in compliance with the requirements of the Revised Traffic Improvement and Growth Management Ordinance approved by the voters of Orange County on November 7, 1990 (Measure M). Report from the Planning Department. It was noted that compliance with the proposed ordinance is required in order to maintain the City's eligibility for its share of sales tax revenues raised under Measure M. Other required components include participation in interjurisdictional planning forms, development of a 7 -year capital improvement program, and adoption of a transportation demand management ordinance. Volume 46 - Page 168 r; �aea•� ROLL CRLL N • Motion All Ayes is • X, �f CITY OF NEWPORT BEACH MINUTES May 11, 1992 Council Member Watt referenced handwritten page 10 of the staff report, goals and objectives, and suggested that the statement referring to the basic objective be amended to add "walkways" that meet the needs of all cyclists "and pedestrians." The Public Works Director responded that inasmuch as the language set forth in the staff report is already in the City's Circulation Element, that document would have to be amended. In view of the foregoing comment, Council Member Watt withdrew her recommendation, but stated she wanted the idea to remain "food for thought." Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. Res 92 -44 92 -44, approving the Growth Management Element of the General Plan [GPA 91- l(B)]. Mayor Sansone opened the public hearing CDBG Prg regarding proposed "STATEMENT OF FY'92 -93 COMMUNITY DEVELOPMENT OBJECTIVES AND (87) PROPOSED USE OF FONDS" for the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 1992- 1993 FISCAL YEAR. Report from the Planning Department. It was noted that in order to participate in the CDBG program, the City Council must annually adopt a "Statement of Community Development Objectives and Projected Use of Funds" for use in preparing the submission to the Department of Housing and Urban Development for CDBG funding. CDBG funds may be used for a variety of programs which include: land acquisition, clearance, and disposition; the acquisition, development or improvement of public service and recreational facilities in low income areas; public /social services; relocation assistance; and residential and commercial property rehabilitation. The City's major emphasis and allocation of funds for the last ten years has been in the area of low income housing and assistance to the homeless. In response to questions raised by Council Member Hedges, the City Manager advised that Craig Bluell of the Planning Department, as well as a contract employee who handles the majority of the day -to -day paper work, administer the CDBG program for the City. With respect to the $59,476 allocated for administrative costs, he stated that amount is most modest in comparison to the five cities he has worked for, especially considering the extensive amount of auditing, monitoring, etc. required. Volume 46 - Page 169 r a rya•.. r • Motion All Ayes • • X CITY OF NEWPORT BEACH 11, 1992 Sandra Weber, Newport Beach resident and affiliated with the South Orange County YWCA - Hotel for Homeless Women, expressed appreciation to the City Council for their financial support through the CDBG program. Robin Jaruschewski, representing Interval House Crisis Shelters, stated that this was the first year they have received financial support from the City of Newport Beach and they were very grateful. Hearing no one else wishing to address the Council, the public hearing was closed. Notion was made to adopt Resolution No. 92 -45, authorizing the City Nanagar to submit the Final Statement, including all understandings and assurances contained therein, in order to apply for a HUD 1992 -93 Community Development Block Grant, to act as the official representative of the City in connection with the submission, and to sign contracts with appropriate subagents to carry out programs in the approved budget. Mayor Sansone opened the public hearing regarding proposed ORDINANCE NO. 92 -14, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 10 SO AS TO RECLASSIFY THE PROPERTY LOCATED AT 706 AND 708 WEST BALBOA BOULEVARD AND 717 WEST BAY AVENUE, FROM THE R -1 AND R -2 DISTRICTS TO THE 0 -S (OPEN SPACE) DISTRICT (PLANING COMMISSION AMENDMENT NO. 751). Report from the Planning Department. It was noted that the applicant (Newport Harbor Yacht Club), is proposing to rezone Lots 11, 25 and 26 from the R -1 and R -2 Districts to the 0 -S District as it is the Club's intention to demolish the structures on these lots and utilize the properties for the expansion of the off -site parking lot associated with the Club. A use permit was required in order to expand the off -site parking lot on property Located in the R -3 District in 1971. However, since the applicant is now attempting to rezone the property to the 0 -S District, a use permit will not be required for the expansion of the parking lot. Although this application concerns only a zone change, the Planning Commission recommended conditions of approval in conjunction with shielding of the light sources in the parking lot and requiring 6 foot high fences and 42 inch boxed specimen trees to screen the expanded parking lot from the adjoining residential properties. In addition, the Landscape Volume 46 - Page 170 MINUTES 92 -45 (94) 92 -14 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL\ \ \ \ V \ May 11. 1992 MINUTES Plan was approved at meetings between City staff, the adjoining property owners, and representatives of the Newport Harbor Yacht Club. Timothy Collins of the Newport Harbor • Yacht Club, addressed the Council and stated he was available for questions. Hearing no questions or anyone else wishing to address the Council, the public hearing was closed. Motion x Council Member Hedges expressed his All Ayes support of this request and moved to adopt Ordinance No. 92 -14. 5. Mayor Sansone opened the public hearing Santiago regarding CONSTRUCTION OF CURBS, GUTTERS Dr /Irvine AND DRIVEWAY APPROACH ALONG SANTIAGO & Tustin DRIVE BETWEEN IRVINE AVENUE AND TUSTIN Crbs /Gtrs AVENUE (C- 2641). Drvwy Apr Report from the Public Works Department. C -2641 (38) It was noted that the costs to the property owners involved in this project were enumerated on page 2 of the staff report, and that the 208 surcharges are to provide reimbursement to the City for engineering, management and contract administration costs. Hearing no one wishing to address the Council, the public hearing was closed. ion x Motion was made to confirm the Ayes assessments, and allow the property owners three years to pay their assessments with an interest rate of 8% per annum on the unpaid balance. 6. Mayor Sansone opened the public hearing Npt ShrsDr regarding CONSTRUCTION OF CURB, CUTTER Prspct /PCH AND SIDEWALK ALONG PROSPECT STREET Crb /Gtr/ BETWEEN NEWPORT SHORES DRIVE AND PACIFIC Sdwlk COAST HIGHWAY. (74) Report from the Public Works Department. It was noted that the property is adjacent to the Pine Knot Motel, and the estimated cost of the work is $1,650, which includes approximately: 1) $375 to replace an unused driveway opening curb with standard curb, and 2) 208 surcharge for reimbursement to the City for engineering, management and contract administration costs. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to direct staff to All Ayes continue with the procedures of Chapter 27 of the Improvement Act of 1911 to complete construction of curb, gutter and sidewalk along the westerly side of • Prospect Street between Newport Shores Drive and Pacific Coast Highway. R Volume 46 - Page 171 COUNCIL MEMBERS L &I&A00 1 • Motion All Ayes • • Wv CITY OF NEWPORT BEACH MINUTES May 11, 1992 E. PUBLIC COMMENTS: Council Member Hedges stated that last week a newspaper article referenced specific incidents he had had with the Newport Beach Police Department. He stated he felt the "tone" and "inference" of the article reflected an apparent "less than total" commitment to the Police Department which he stated is not true. He said he wanted to clear the record, and emphasize that he is, and always has been, supportive of the Police Department since being elected to the City Council. He also feels the Police Department is probably the finest in Orange County and he supports them 1108 for the good hard work they do, and he knows the City Council feels the same. F. CONSENT CALENDAR: The following actions were taken, except for those items removed: 1. ORDINANCES FOR Pass to second reading on June 8, 1992 - (a) Proposed ORDINANCE NO. 92 -15, being. AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.02 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM ADMINISTRATIVE CODE, 1991 EDITION. [Report from Building Department] (b) Proposed ORDINANCE NO. 92 -16, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.03 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM HOUSING CODE, 1991 EDITION. [Refer to report w /agenda item F -1(a)] (c) Proposed ORDINANCE NO. 92 -17, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.04 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING CODE, 1991 EDITION. [Refer to report w /agenda item F -1(a)] (d) Proposed ORDINANCE NO. 92 -18, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.05 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM MECHANICAL CODE, 1991 EDITION. [Refer to report w /agenda item F -1(a)] Volume 46 - Page 172 Ord 92 -15 Adm Code (26) Ord 92 -16 Housing Code (26) Ord 92 -17 Bldg Code (26) Ord 92 -18 Mech Code (26) • • CITY OF NEWPORT BEACH MINUTES May 11, 1992 (e) Proposed ORDINANCE NO. 92 -19, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.06 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE NATIONAL RLECTBICAL CODE, 1990 EDITION. [Refer to report w /agenda item F -1(a)] (f) Proposed ORDINANCE NO. 92 -20, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AIMING CHAPTER 15.08 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM PLUMBING CODE, 1991 EDITION. [Refer to report w /agenda item F -1(a)] (g) Proposed ORDINANCE NO. 92 -21, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AIMING CHAPTER 15.09 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE .UNIFORM SWIMMING POOL CODE, 1991 EDITION. [Refer to report w /agenda item F -1(a)] Schedule for public hearing on Nay 26, 1992 - (h) Proposed ORDINANCE NO. 92 -22, 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 REVISE THE DEFINITION OF THE TERM -GRADE, - (PLANNING COMMISSION AMENDMENT 50. 753). [Report from the Planning Department] (i) Proposed ORDINANCE NO. 92 -23, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AIMING A PORTION OF DISTRICTING MAP NO. 14 SO AS TO RECLASSIFY THE PROPERTY LOCATED AT NORTHWESTERLY CORNER OF PARE AVENUE AND AGATE AVENUE PROM THE C -1 -H DISTRICT TO THE R -1.5 DISTRICT AND TO ESTABLISH A 6 FOOT FRONT YARD SETBACK ALONG THE AGATE AVENUE FRONTAGE OF THE SUBJECT PROPERTY (PLANNING COMMISSION AMENDMENT NO. 754). [Report from the Planning Department] Volume 46 - Page 173 (26) 92 -19 Code 92 -20 92 -21 k Code 94) 92 -22 753 Ord 92 -23 Zoning (94) 754 • • • • CITY OF NEWPORT BEACH May 11, 1992 (j) Removed from the Consent Calendar (refer to agenda item G. 1 for Council action). 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 92 -46 setting forth findings based on local conditions within the City of Newport Beach which make certain modifications and changes to the Uniform Building Code, the Uniform Plumbing Code, and the National Electrical Code reasonably necessary. [Refer to report w /agenda item F -1(a)] (b) Resolution No. 92 -47 authorising the City Manager to deny property damage or personal injury claims filed with the City Clerk. [Reports from City Attorney and City Manager] (c) Resolution No. 92 -48 approving financing documents for the issuance of CERTIFICATES OF PARTICIPATION FOR CONSTRUCTION OF THE NEW CENTRAL LIBRARY. [Resolution w /report from the Finance Director] CONTRACTS/ (a) Professional Services Contract with Wildan Associates for design services related to the SAN JOAQUIN HILLS ROAD RECTA INBD WATER SYSTEM. [Report from the Utilities Department] (b) Consultant Services Agreement with Infrastructure Management Services (I.M.S.) for PAVEMENT MANAGEMENT SERVICES FOR MASTER PLAN STREETS (C- 2884). [Report from the Public Works Department] (c) Agreement between the City of Newport Beach and the California State Library for acceptance of the LIBRARY SERVICES AHD CONSTRUCTION ACT TITLE (ISCA)II FUNDS in the amount of $727,387, designated for the construction of the NEW CENTRAL LIBRARY. [Memorandum from the Board of Library Trustees] CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) British Columbia, Canada, Trade/Tourism Office, for damages to vehicle (driver Stuart Grant Carney) by City's Field Maintenance pickup while parked at Emerald /North Bay Front on March 21, 1992. Volume 46 - Page 174 MG 'it Bldg /Plmbg Code Res'92 -46 (26) Claims/ CMgr Res 92 -47 (36) New Central Library/ Certfs Res 92 -48 (40/50) SJoaquin Rls Rclmd Wtr Sys C -2909 (38) Master Pln Sts /IMS C -2884 (38) New Centrl Library/ LSCA Fnds C -2778 (38) (36) British Columbia CQXIL MENBEPS MINUTES ROLL CALL May 11, 1992 IiVLLA (b) Walter H. Kinsman, for damages Kinsman alleging City water main leak resulted in water damage to his property and plumbing expense on April 18, 1992, at 14 Rockingham Drive. • (c) Thomas Woodworth, for property Woodworth damage to his car cover by City street sweeper while his car was parked in front of his residence at 404 Fullerton Avenue, on April 8, 1992, stating that he is handicapped and cannot always move his car for street cleaning. 5. SUNMONS AND CONPL&INRS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Dennis Eugene McIntyre, United McIntyre States District Court, Central District of California, CV -92- 3281R. Claim was denied by the City Council on 1- 27 -92. (b) Shirley Powers, Orange County Powers Superior Court, Case No. 687809. Application to present late claim was denied by the City Council on 2- 10 -92. (c) Victoria Sanchez, in Pro Per, Sanchez Orange County Harbor Judicial District, Case No. 90C1351. (No record of prior claim received by the City) • 6. REQUEST TO APPROVE/FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Equipment Operator I. Field Maintenance Division. (b) One Administrative Clerk, Public Works Department. 7. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the Utilities Utilities Department requesting (89) authorization and direction to staff to negotiate a new contract for the SALE OF PETROLEUM OIL FROM THE CITY'S TIDELANDS OIL WELLS. (b) Report from the City Attorney Legislatn recommending City Manager and /or (48) staff oppose AD 935 (STATE IMPOSED NOBILEHOME PARK RENT CONTROL), or obtain an exemption for publicly owned mobilehome parks. (c) Report from the City Manager 15th /Npt • recommending PETITION REGARDING B1 /Irvn Av TRAFFIC VOLUME AND SPEED ON 15TH Traffic STREET BETWEEN NEWPORT BOULEVARD (85) AND IRVINE AVENUE, be referred to the Public Works Department for traffic analysis and report back. For Council information and filing: Volume 46 - Page 175 COUNCIL MEMBERS C I Tit OF NEWPORT BEACH 11. 1992 Volume 46 - Page 176 MINUTES GPA 92 -1(A) [,CPA 25 (45) Dr stl- .r B1 PH II (74) t/ (65) Spygls Rdg Prvt Sts (74) (d) Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON APRIL 23, 1992. B. PUBLIC HEARING SCHEDULING - Nay 26, • 1992: (a) GENERAL PLAN AMENDMENT NO. 92- 1(A), request to amend the Land Use Element of the Newport Beach General Plan so as to redesignate the subject property from "Retail and Service Commercial" to "Two Family Residential," and LOCAL COASTAL PROGRAM AMENDMENT NO. 25, request to amend the Local Coastal Program Land Use Plan so as to redesignate the subject property from "Retail and Service Commercial" to "Two Family Residential." [Report from the Planning Department] 9. CAMPUS DRIVE WIDENING FROM BRISTOL STREET THROUGH MACARTHUR BOULEVARD, PHASE II - Declare Campus Drive from Bristol Street to Quail Street and from Airport Way to MacArthur Court (6001 easterly of MacArthur Boulevard) to be a County highway during the period of constructing roadway improvements in conformance with Resolution No. 92 -201 approved by the Board of Supervisors of Orange County on March 3, 1992. [Report from the Public Works Department] • 10. NON - STANDARD ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS WITHIN A 10? SEWER EASEMENT CROSSING THE PROPERTY LOCATED AT 603 KINGS ROAD AND ALONG THE KINGS ROAD FRONTAGE ADJACENT TO THE PROPERTY LOCATED AT 603 KINGS ROAD - Approve a Non - Standard Encroachment Agreement permitting the construction of walls, footings, planters and hardscape surfaces within a sewer easement through 603 Kings Road and decorative sidewalk and planters within the Kings Road right -of -way adjacent to 603 Kings Road; and record with the Orange County Recorder. [Report from the Public Works Department] 11. CONVERSION OF PUBLIC STREETS TO PRIVATE STREETS WITHIN TRACT NO. 7247, SPYGLASS RIDGE - Approve In concept, the conversion of public streets (Ocean Birch Drive, Reef View Circle, Castle Cove Circle, Bay Cliff Circle, Sea Bell Circle and a portion of Spyglass Hills Road) to private streets; and authorise the Public Works Department to work with the Community Association toward vacating the streets for the conversion. [Report from the Public Works - Department] Volume 46 - Page 176 MINUTES GPA 92 -1(A) [,CPA 25 (45) Dr stl- .r B1 PH II (74) t/ (65) Spygls Rdg Prvt Sts (74) COUNCIL MEN • is , Q CITY OF NEWPORT BEACH Motion x Ayes x x x x x x Abstained I x MINUTES May 11, 1992 ir'iu 12. SPECIAL EVENTS APPLICATION NO. 92 -118 - bpecial Uphold staff's recommendation to approve Events issuance of the requested sound Apl 92 -118 amplification permit with conditions (27) including those recommended by staff and the requirements of Section 10.32.060 for the Harbor View Hills Carden Club, on Saturday, May 30, from 5:00 to 6:00 p.m., for their patriotic review "Kids Are Us." [Report from the Revenue Manager /Finance Department] 13. BUDGET AMENDMENTS - For approval: (40) BA -054, $10,000 - Transfer from Unappropriated Surplus for professional services of Kenneth Leventhal S Company to conduct a feasibility study on the proposed expansion of the BALBOA BAY CLUB facility; Nondepartmental Fund. BA -055, $3,000 - Transfer from Unappropriated Surplus for ANNUAL 1ENBRRSHIP FEES FOR AMERICAN COMMUNITIES FOR CLEANUP EQUITY; Non - Departmental Fund (Services, Professional and 8 Technical). (Report from the General Services Director recommending approval) (41) BA -056, $27,613.67 - Transfer from General Fund Surplus to refund the excess monies collected, related to Assessment District No. 57. [Report from the Public Works Department regarding UNDERCROuNDING UTILITIES ON CORONA Utilities/ HIGHLANDS (Proposed Assessment District Asmt Dist No. 57)] 57 (89) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Planning Department regarding proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REGULATE THE OPERATION OF SHORT TERM LODGING UNITS WITHIN CA 757 RESIDENTIAL ZONES (PLANNING COMMISSION AMENDMENT NO. 757). Council Member Hedges stated he removed the subject item from the Consent Calendar because of a possible conflict of interest, but he was supportive of the recommendation. Motion was made to introduce proposed prd 92 -24 Ordinance No. 92 -24, and schedule public hearing on May 26, 1992. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 92 -12, being, Ord 92 -12 AN ORDINANCE OF THE CITY COUNCIL (85) OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44.020 OF THE MUNICIPAL CODE TO ADD THE SOUTH SIDE OF 32ND STREET BETWEEN RAT-BOA AND NEWPORT BOULEVARDS TO PARKING METER ZONE 5. Volume 46 - Page 177 In "I on Ayes CITY OF NEWPORT BEACH rCOT5110116-311 *13'. Motion Ayes 0ained Motion All Ayes x xIXIXIXIXIXIX X May 11, 1992 Recycled report from Public Works/ Traffic Engineering dated April 27, 1992. Motion was made to adopt Ordinance No. 92 -12. 2. Proposed ORDINANCE NO. 92 -13, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING REGULATIONS FOR THE OPERATION OF SHORT TERN LODGING UNITS WITHIN RESIDENTIAL ZONES, AMENDING SECTIONS 5.04.030 AND 5.04.040 OF THE MUNICIPAL CODE, AND ADDING CHAPTER 5.95 TO THE MUNICIPAL CODE . Report from the Deputy City Manager. The City Clerk advised that after the agenda was printed, a letter was received from Michael Yuskis, homeowner /resident in the 100 block of 42nd Street, opposed to the proposed ordinance. Council Member Hedges advised that he will abstain from voting on this item due to a possible conflict of interest, but is in support of the ordinance. Motion was made to adopt Ordinance No. 92 -13. 3. Report from the Assistant City Attorney concerning proposed INTERIM EMERGENCY ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH PROHIBITING FOR TEN MONTHS AND FIFTEEN DAYS THE ISSUANCE OF ANY PERMITS FOR OR THE ESTABLISHMENT OF NEW ADULT - ORIENTED BUSINESSES. It was recommended that the City Council extend the prohibition on the establishment of adult- oriented businesses for a period of 10 months and 15 days to allow staff additional time to study the impacts of these type businesses and ordinances adopted by other cities or other states, and to obtain information from those cities regarding problems with both criminal activity and blight, and the extent to which they adversely impact nearby land uses. Motion was made to adopt Emergency Ordinance No. 92 -25. I. CONTINUED BUSINESS: 1. Report from the Planning Department concerning the AD HOC COMMITTEE FOR THE PREPARATION OF OLD NEWPORT BOULEVARD SPECIFIC AREA PLAN. Volume 46 - Page 178 sFCr (27) 92 -13 Adult- 92 -25 Hoc e /Old B1 (24) • Motion All Ayes • • x Y �� 991 16I May 11, 1992 Recycled letter from Richard A. Higbie and letter from Dana Lyons requesting that they be considered as a member of the subject ad hoc committee. The City Clerk advised that after the agenda was printed, a letter was received from Jerry Tucker requesting he be considered for appointment to this ad hoc committee. Mayor Sansone announced that those persons interested in being on the subject committee need to obtain a letter from their homeowners association supporting their request for appointment. Mayor Sansone also moved to defer action on this item until response is received from the Fair Political Practices Commission regarding a possible conflict of interest. J. CURRENT BUSINESS: None. Meeting adjourned at 9:10 p.m. The agenda for this meeting was posted on May 7, 1992 at 8 :15 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. -4m ATTEST: Volume 46 - Page 179 MINUTES Old Npt B1 Spcfc A /Pln