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Home My WebLink About10/26/1992 - Regular MeetingCOUNCIL MEMBERS 0 Present x Excused x Motion All Ayes Motion All Ayes 0 is CITY OF NEWPORT BEACH x x x x x x x REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7x,00 P.M. DATE: October 26, 1992 Mayor Sansone presented Certificate of Appreciation to Lee McKinney, Captain of the Newport Beach Lifeguard/Marine Department Co- ed Team, who finished first from the City's Public Safety entrants in the 1992 ORANGE COUNTY MARSHALL "S 60 MILE RELAY. Proclamation honoring Charles R. Sword, Member of the Board of Library Trustees for his devoted service, was presented by Mayor Sansone to John Nicoll, Library Board Member, who accepted the certificate on Charles Sword's behalf. ROLL CALL Reading of Minutes of Regular Meeting of October 12, and Special Meeting of October 16, 1992 was waived, approved as written, and ordered filed. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. PUBLIC HEARINGS Mayor Sansone opened the public hearing regarding: A. GENERAL. PLAN AMENDMENT NO. 92 -2[A Request to amend the Land Use Element of the Newport Beach General Plan so as to redefine the permitted commercial entitlement of Lower Castaways (Castaways Marina) from 40,000 sq. ft. of recreational and marine commercial development to a 71 slip marina with related marina support and parking facilities; uc B. LOCAL COASTAL PROGRAM AMENDMENT NO. 30 - Request to amend the Newport Beach Local Coastal Program Land Use Plan (same description as above); on property located at 300 Dover Drive on the northeasterly corner of Dover Drive and West Coast Highway on the Castaways Property. Report from the Planning Department. It was noted that the subject applications, if approved, would redefine the permitted commercial entitlement allocated to the subject property by the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan, from 40,000 sq. ft. of Recreational and Marine Commercial. development to a 71 slip commercial. marina and parking facility with 2,000 sq. ft. of related marina support development. Accessory structures normally associated with marina support may include a marina office, rest rooms, shower room, storage areas, maintenance facilities and other uses of a similar nature. General Plan Amendment procedures are set forth in Council Policy Q -1. Volume 46 - Page 349 MINUTES GPA 92 -2(.` Castaways Marina (45) LCPA 30 n is r r.. • Motion All Ayes • X CITY OF NEWPORT BEACH October 26, 1992 Jerry King, representing the applicant, California Recreation Company, addressed the Council and stated he was available for questions. Hearing no comments and no one else wishing to address the Council, the public hearing was closed. Motion was made by Council Member Hart to adopt Resolution No. 92 -119, accepting the Environmental Document and adopting General Plan Amendment No. 92- 2(A) redefining the permitted commercial entitlement allocated to the subject property by the Land Use Element of the General Plan, from 40,000 s. ft. of Recreational and Marine Commercial development to a 71 slip commercial marina and parking facility with 2,000 sq. ft. of related marina support development; and adopt Resolution No. 92 -120, accepting the Environmental Document and adopting Local Coastal Program Amendment No. 30 redefining the permitted commercial entitlement allocated to the subject property by the Land Use Element of the General Plan, from 40,000 sq. ft. of Recreational and Marine Commercial development to a 71 slip commercial marina and parking facility with 2,000 sq. ft. of related marina support development. Geneva Ryan, 3902 River Avenue, addressed the Council with regard to City -owned property at 4210 River Avenue, which is proposed to be sold if approved by the voters on November 3, 1992. She requested that the property be down -zoned from R -2 to R -1, if the measure passes, and that the proceeds from the sale be spent to improve River Avenue. Mayor Sansone advised that pursuant to the language contained in the full text of Measure N, the proceeds from the sale of the subject property shall be used solely for completion of the new central library. With regard to down- zoning this parcel, he indicated he would have no objection to staff investigating the feasibility. 2. The following persons addressed the Council opposing the way in which Measure M (lease of City -owned waterfront property), is worded on the November 3, 1992 ballot: Grant Reynolds, 1301 Kings Road Frank Eisandrath, 104 Kings Place Susan Lagrandeur, 507 Kings Place Richard Banks, 280 Cagney Lane It was indicated by the above speakers that the language on the ballot is not only confusing, but "misleading" to the voters because of the word "limited," and that the term of any proposed lease, whether it be for 50 or 66 years, should be spelled out in the ballot measure. Volume 46 - Page 350 MINUTES Res-92 -119 Res 92 -12C 4210 River Avenue City -ownd Wtr Frnt Property CITY OF NEWPORT BEACH COIL MEMBERS MINUTES \1\K\ \ October 26, 1992 CfiLL INDEX • Motion All Ayes • The City Attorney replied that Measure M would amend Section 1402 of the City Charter, which currently states that the City cannot sell or lease waterfront property without a vote of the people, unless the property was under lease prior to .January 1957. He believes all major waterfront parcels in the lower bay were under lease as of that time, so the election requirement in that provision of the Charter would not be affected by Measure M. However, Measure M would make it clear that the City Council has the authority to lease waterfront property or tidelands for up to 66 years. Measure M was placed on the ballot by the City Council because of concerns that City revenue from City - owned property is going to be an important source of income to provide City services in the future, and in order to Enter into leases that provide fair - market value, the City needs fair, unambiguous authority to lease property. Mayor Sansone emphasized that if Measure M is approved, it will give the City authority to lease City -owned waterfront property "up to" 66 years, and noted that all current and future leases contain escalator clauses based upon assessed valuation. The City 'Manager also pointed out that if Measure M is approved, State law requires periodic adjustments to keep the lease rates "market rates." 3. At this time the City Council viewed a Swr Sery video summarizing the impact the State's Fees budget will have on the Orange County Sanitation Districts, and the reasons for their increase in annual sewer service fees. CONSENT CALENDAR The following items were approved except for those items removed. ORDINANCES FOR INTRODUCTION - Pass to second reading on November 9, 1992: 2. Proposed ORDINANCE NO. 92 -48, being, Ord 92 -48 AN ORDINANCE OF THE CITY COUNCIL (85) OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.52.060 OF THE NEWPORT BEACH MUNICIPAL CODE TO DESIGNATE GRANT STREET BETWEEN COAST HIGHWAY AND CANAL STREET AS ONE -WAY NORTHEASTERLY. [Report from the Public Works Department/ Traffic Engineering] 3. Removed from the Consent Calendar. RESOLUTIONS FOR ADOPTION 4. Resolution No. 92 -121 establishing NO Trfc /Pkg PARKING RESTRICTIONS from 8:30 a.m. to Rstrctns 12:30 p.m., Fridays, on the south side Res 92 -12 of 15TH STREET BETWEEN MONROVIA AND (85) PLACENTIA AVENUE. [Report from the Traffic Affairs Committee] Volume 46 - Page 351 r. is r a•.. WHIN 40 • CITY OF NEWPORT BEACH October 26, 1992 5. Resolution Ho. 92 -122 initiating AMENDMENTS TO THE MARINERS NILE SPECIFIC ARRA PLAN. [Report from the City Attorney] 6. Approve a change in consulting engineering firms; rescind approval of the Professional Services Agreement with Willdan Associates; and authorise the Mayor and City Clerk to execute a Professional Services Agreement with ASL Consulting Engineers for design services (Contract No. 2909) related to the SAN JOAQUIN HILLS ROAD RECIATKE WATER PROJECT. [Report from the Utilities Department] Approve the sale of water outside the City for a limited duration to THE IRVINE COMPANY for the PELICAN HILL GOLF COURSE construction; and authorise the Mayor and City Clerk to execute an agreement for the sale of water on behalf of the City. [Report from the Utilities Department] Find that the irregularity in the bid submitted by K -W Western, Inc., is an obvious clerical error, waive it and declare them the "low- bidder;" (based on the findings contained in the Assistant City Attorney's memorandum of October 26, 1992)• award CONTRACT N0. 2879 -C FOR CONSTRUCTION OF THE PHASE I OF THE UTILITIES YARD PROJECT, to K -W Western, Inc., in the amount of $870,130: and authorize the Mayor and City Cleric to execute the contract on behalf of the City. [Report from the Utilities Department] 9. Award CONTRACT FOR RANKING SERVICES (CONTRACT NO. 2382) to City National Bank for a three year period commencing on October 1, 1992, expiring on September 30, 1995. [Report from the Finance Director] 10. Amend CONTRACT NO. 2835 FOR COAST COMMUNITY COLLEGE DISTRICT TO PROVIDE EDUCATIONAL SERVICES IN AUTOMOTIVE TECHNOLOGY for period from July 1, 1992 through June 30, 1993. [Report from General Services Director] REQUEST TO APPROVE/FILL PERSONNEL VACANCIES: [Report from the City Manager) 11. (a) One Marine Safety Lieutenant, Marine Department. (b) One Park /Street Tree Superintendent, Parks, Beaches & Recreation Department. (c) One Revenue Technician, Finance Department. Volume 46 - Page 352 MINUTES Mile SAP Res 92 -122 (68) SJHills Rd Rclmd Wtr Prj ' C -2909 (38) TIC /Sale Wtr Pelican HI Ulf Crs C -2916 (38) Utilities Yrd Prj C- 2879 -C (38) CNBank/ Services C -2382 (38) Coast CCD, Edctnl Sr C -2835 (38) W, "? Egli CITY OF NEWPORT BEACH October 26, 1992 I j,ilj :A PW /Rclmd Wtr /El Capitan Pt (74) Planning (68) GPA 89 -2(1 (45/94) LCPLUA 19 PCA 750 Ord 92 -4= Distrctg Map 14 (94) STAFF AND COMMISSION REPORTS For Council information and approval: 12. Memorandum. from the Public Works • Department concerning RECLAIM WATER SERVICE TO EL CAPITAN PARR IN SPYGLASS HILL AREA. 13. Removed from the Consent Calendar. For Council information and filing: 14. Report from the Planning Department concerning ACTIONS TAKEN BY THE PLANNING COMMISSION AT ITS MEETING ON OCTOBER 8, 1992. PUBLIC HEARING SCHEDULING - November 9, 1992: 15. Report from the Planning Department regarding: A. General Plan Amendment No. 89 -2(H) - Request to amend the Land Use Element of the General Plan so as to redesignate property at 124 Marine Avenue from "Retail Service Commercial" (RSC) to "Government, Educational, Institutional Facilities" (GEIF) and property located at 323 Marine Avenue from GEIF to RSC. The proposal also includes the acceptance of an environmental document; • AND B. Local Coastal Program Land Use Plan Amendment No. 19 - Request to amend the Local Coastal Program Land Use Plan so as to redesignate property at 124 Marine Avenue from "Retail Service Commercial" (RSC) to "Government, Educational, Institutional Facilities" (GEIF) and property located at 323 Marine Avenue from GEIF to RSC.; AND C. Amendment No. 750 - Request to amend a portion of Districting Map No. 14 so as to reclassify the subject property from the C -1 District to the GEIF District; Introduce proposed ORDINANCE NO. 92 -49, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP N0. 14 SO AS TO RECLASSIFY THE PROPOSED FIRE STATION PROPERTY LOCATED AT 124 MARINE AVENUE FROM THE C -1 (LIGHT COMMERCIAL) . DISTRICT TO THE GRIF (GOVERNMENTAL,_ EDUCATIONAL AND INSTITUTIONAL FACILITIES) DIS'1RICT; AND Volume 46 - Page 353 I j,ilj :A PW /Rclmd Wtr /El Capitan Pt (74) Planning (68) GPA 89 -2(1 (45/94) LCPLUA 19 PCA 750 Ord 92 -4= Distrctg Map 14 (94) W011 • • \'f CITY OF NEWPORT BEACH MINUTES October 26, 1992 D. Use Permit No. 3436 - Request to U/P 3436 permit the establishment of a new fire 1185 station facility on property proposed to be rezoned to the GEIF (Government, Educational, Institutional Facilities) District. The proposed project would PCA 776 also include the construction of public (94) rest room facilities within the same building; Ord 92 -50 AND Zoning E. Resubdivisiou No. 976 - Request to Resub 976 resubdivide two existing lots into a Entertnm single parcel of land so as to establish a building site for a new fire station Business facility on Balboa Island; AND F. Variance No. 1182 - Request to permit Variance construction of the finished first floor 1182 of the proposed fire station below the Sp9 -b base flood elevation; (73) G. Variance No. 1 5 - Request to permit Variance the average roof height of the proposed 1185 fire station clock tower to be built at 36.5 feet, which would exceed the 35- foot height limit by 1.5 feet. 16. Report from the Planning Department PCA 776 regarding PLANNING COMMISSION AMENDMENT (94) NO. 776 - Introduce proposed ORDINANCE NO. 92 -50, being, Ord 92 -50 Zoning AN ORDINANCE OF THE CITY COUNCIL Adult OF THE CITY OF NEWPORT BEACH Entertnm AMENDING CHAPTER 20.74 OF THE NEWPORT BEACH MUNICIPAL CODE Business REGARDING ADULT ENTERTAINMENT BUSINESSES. 17. MARIM PARK MOBILE HOME PARK TRANSFER - Property Uphold staff's recommendation to approve Acq /MPrk transfer of Space 9 -B to Mark and Gloria Sp9 -b Stawisky. [Memorandum from the Deputy (73) City Manager] 18. SUPERIOR AVENUE QUITCLAIM DEED - Uphold Superior staff's recommendation to approve and Av /QC ^•__ authorize the Mayor and City Clerk to Property execute subject quitclaim deed to State (73) for portion of vacated Superior Avenue. [Memorandum from the Public Works Department] 19. GENERAL PLAN AMENDMENT NO. 92 -3 - Report from the Planning Department with suggested action to sustain the recommendation of the Planning Commission to initiate proposed amendments A, B. and C. and direct staff to proceed with the preparation of any necessary environmental documents and set for public hearing before the Planning Commission: A. Campus Drive Industrial Tract: A request to amend the Land Use Element of the Newport Beach General Plan Volume 46 - Page 354 (45) 92 -3 • CITY OF NEWPORT BEACH COUNCIL MMERS ~•J. t�, Octo .. . *A\ to redesignate the properties bounded by Campus Drive, Bristol Street North, Birch Street and MacArthur Boulevard from Administrative, Professional and Financial Commercial to Retail and Service Commercial; B. 3500, 3510. 3520 and 3530 Irvine Avenue: A request of David Magilavy and Florentino Apeles to amend the Land Use Element of the Newport Beach General Plan to redesignate these properties from A d m i n i s t r a t i v e, Professional and Financial Commercial to Retail and Service Commercial; 1701. 1719 and 1815 Westcliff Drive: A request of Richard Dick and Associates to amend the Land Use Element of the Newport Beach General Plan to redesignate these properties from A d m i n i s t r a t i v e, Professional and Financial Commercial to Retail and Service Commercial. 20. ACCEPTANCE: OF CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENT PROGRAM (C -2850) - Accept the work; authorise 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 applicable portions of the Civil Code. [Report from the Public Works Department] 21. ACCEPTANCE OF NEWPORT ISLAND STREET LIGHT INSTALLATION (C -2799) - 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] 22. ACCEPTANCE OF MODIFICATION OF TRAFFIC SIGNALS ON BALBOA BOULEVARD AT PAT STREET, AT MAIN STREET AND AT 23RD STREET (C -2906) - Accept the work; and authorise the City Clerk to file a Notice of Completion; to 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] Volme 46 - Page 355 MINUTES CdM Wtr K & Alley Rplcm Prg C -2850 (38) Npt Is St Light /Ins C -2799 (38) Trfc Sgn1 Mdfctn Bal Bl /P1 Main /23rD C -2906 (38) 0 CITY OF NEWPORT BEACH COUNCIL MEMBERS October 26, 1992 MEN k t 23. HARBOR PEU11T APPLICATIONS - Uphold staff's recommendation to approve the following, subject to conditions listed in the staff report from the Marine Department: Application No. 129 -2703 by the Bertlha Robinson Partnership to revise the commercial docks bayward of 2703 West Coast Highway. Application No. 154 -119 by Jim Deane to revise the residential float bayward of 119 East Bay Front, Balboa Island. 24. SPECIAL EVENTS APPLICATIONS - Uphold staff's recommendation to approve the following applications subject to conditions in the staff reports of the Revenue Manager: Application No. 92 -410 by Claudia Draeger and Curtis Franz for amplified sound at Lookout Point in Corona del Mar on Saturday, May 8, 1.993 from 4:00 to 5:00 p.m., for wedding ceremony. Application No. 92 -422 by the Silva Mavusi Family for the use of amplified sound at 17 Ridgeline Drive on Friday, October 30, 1992, from 9:30 to 11:30 p.m. for a surprise birthday party. Application No. 92 -433 by the Fashion Island Merchant's Association and Hard Rock Cafe to conduct a grand opening fund raising party with amplified sound on Sunday, November 8, 1992, from 2:00 to 8:00 p.m. 25. BOARD OF LIBRARY TRUSTEES VACANCY - Accept with regret resignation letter of Charles H. Sword; direct City Clerk to advertise to fill his unexpired term of June 30, 1.996. 26. HUNAN SERVICES ORGANIZATION ASSISTANCE REQUESTS - Uphold staff's recommendation to approve the subject grants provided in the staff report. [Report from the Deputy City Manager] 27. BUDGET AMENDMENT - For approval: BA -009, $30,000 - Increase in Budget Estimates and Budget Appropriations to pay for appraisal services on the CASTAWAYS (for the anticipated reimbursement from The Irvine Company and Newport Conservancy); NonDepartmental /Professional Technical Services Fund. Volume 46 - Page 356 toff1 Harbor Permits' (51) Apli 129- 2703 Apl 154- 119 Special Events Permits (27) Apl 92 -41C Apl 92 -422 Apl 92 -433 Bd Librar; Trustees (24) Human Sry Astnc (40) (40) • Motion All Ayes Motion All Ayes • Motion All Ayes Motion All Ayes • x x x x CITY OF NEWPORT BEACH October 26, 1992 ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. 3. Report from the Revenue Manager /Finance Department regarding Proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE NEWPORT BEACH MUNICIPAL CODE CHAPTER 14.12 REGARDING WATER RATES AND CHARGES; AND CHAPTER 14.20 REGARDING DAMAGED OR LOST METERS AND REPEALING RESOLUTION NO. 90 -46. Notion was made by Council Member Hart to refer the subject ordinance to the Utilities Committee for report back and introduction on November 9, 1992. 13. Memorandum from the Public Works Department concerning PROPOSED CASTAWAYS BICYCLE TRAILS. Notion was made by Mayor Sansone to refer the subject report to the Bicycle Trails Committee for report back at a future meeting. 28. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE VACANCY: Notion was made to accept the letter of resignation of Rob Patterson and defer to November 9, (District 5) Council Member Jean Watt's appointment to fill the unexpired term ending December 31, 1992. 29. OPEN SPACE CITY COUNCIL AD HOC COMMITTEE. Notion was made to adopt Resolution No. 92 -123, establishing the subject committee; and appoint Mayor Pro Tem Turner and Council Member Watt. 30. Petition from residents of Newport Heights requesting SANTA ANA AVENUE (300, 400 AND 500 blocks) be closed on Halloween evening between the hours of 6:00 and 8:00 p.m. Report from the Police Department. The City Manager noted that it has been requested that the City provide the homeowners with the necessary barricades, and that those barricades will be manned by volunteer residents of that particular area. It was recommended by the Police Department: that should the City Council adopt the proposed resolution authorizing the subject street closure, the concerns enumerated in their staff report be addressed and the details worked out with staff. Volume 46 - Page 357 MINUTES Wtr Rates/ Chrgs /Dmgd Meters (40/89) Bk Trls (74) BT /CAC (24) Dpen Space Ad Hoc /Cm (24) Res 92 -1i= St Clsr Permit/ SAna Av (65) COUNCIL MEMBERS Motion • All Ayes is is CITY OF NEWPORT BEACH \ \\ October 26, 1992 x Council Member Hart commented that it is her understanding that 15th Street and Cliff Drive will remain open, and hearing no objections from the Council, moved to adopt Resolution No. 92 -124. Council Member Watt stated she had received a telephone call from a concerned resident on Santa Ana Avenue who inquired if all the residents in the area had been notified, and if by closing the street, could it not draw out more people from other areas than if kept open. Hearing no other comments, the motion was voted on and carried. Meeting adjourned at 7:40 p.m. at sr * * * ik vk yk it yt 9t ylr +k The agenda, for this meeting was posted on October 22, 1992 at 8:10 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. mayor ATTEST: Volume 46 - Page 356 MIMUTES Res 92 -124