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HomeMy WebLinkAbout07/27/1992 - Regular Meeting14IC" i:13 : ;� Present Excused x x Motion All Ayes Motion All AYes 11 Motion All Ayes 0 CITY OF NEWPORT BEACH x x x x x x x REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: July 27, 1992 Mayor Sansone ;presented a Certificate of Appreciation to John Bonwiser, former member, Parks, Beaches and Recreation Commission, for his six years of dedicated service to the City. ROLL CALL It was noted for the record that Council Members Hedges and Watt were excused from this meeting. Reading of Minutes of Meeting of July 13, 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 1. Mayor Sansone opened the public hearing regarding PLANNING COMMISSION AMENDMENT NO. 761, proposed ORDINANCE N0. 92 -34, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.10.025 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO PROVIDE GREATER DESIGN CONTROL FOR BAY WINDOWS AND GREENHOUSE WINDOWS. Report from the Planning Department. The Planning Director stated that Section 20.10.025H of the Municipal Code, provides for extensions of bay windows and greenhouse windows into required yards in residential districts. The proposed amendment will provide greater design control for such encroachments, by limiting the size of the windows and by precluding the projections to be used for additional floor area or as doors or entries. This matter was unanimously approved by the Planning Commission. Hearing no one wishing to address the Council, the public hearing was closed, and motion was made to adopt Ordinance No. 92 -34. PUBLIC COMMENTS Don Harvey, 2039 Port Weybridge, Member of SPON, addressed the City Council in opposition to the City's action to join in the San Joaquin Hills Transportation Corridor Agency's lawsuit against SPON, etc. He indicated he felt it was "grotesquely" inappropriate for the City to sue those who disagree with its goal. In essence, the City is suing its own citizens (SPON), to keep them quiet. He stated this is also being viewed as a strategic lawsuit against public participation. Volume 46 -Page 237 MINUTES Ord 92 -34 Zoning PCA 761 (94) Motion All Ayes E X CITY OF NEWPORT BEACH July 27, 1992 Council Member Cos, Chairman of the San Joaquin Hills Transportation Corridor/Joint Powers Agency Board of Directors, stated he felt that Mr. Harvey's comments were "outrageous," and made the following remarks: The City is being described as suing the public, when in fact, it is SPON, and other environmental groups who have sued the public for the past year, as well as the San Joaquin Hills Transportation Corridor Agency, of which the City is a member. The City's public, in affect, is also a member. SPON asked for attorney fees when it sued last year, and the court ordered attorney fees which the public has to pay for. Under a federal EIS, there is no statute of limitations on instituting litigation, so the environmental community chose to charge the public more money by delaying the lawsuit, which was inevitable. As a result of the delay, the Corridor Agency (which is made up of member cities), chose to file a declaratory relief action, which is requesting the court to rule on the issue as soon as possible. This action is solely to get the matter before the court so that it can be determined who is right or wrong and to prevent further costly delays. The action is not a suit for damages against SPON and the others. It is in the public's best interest that this City, as well as every other city, support this action so that an answer can be given by the court. There are other citizens in this City who believe the Corridor to be a vital link to jobs, economic welfare, air quality, etc., and those persons also have a right to be heard fairly in a court of law. CONSENT CALENDAR The following actions were taken, except for those items removed: ORDINANCES FOR I19TRODUCTION SCHEDULE FOR PUBLIC HEARING ON AUGUST 10, 1992 - Removed from the Consent Calendar. PASS TO SECOND READING ON AUGUST 10, 1992 - 3. Removed from the Consent Calendar. 4. DELETED. RESOLUTIONS FOR ADOPTION Resolution No. 92 -79 supporting the Orange County Regional Advisory Planning Council as the Governing Board of an Orange County Metropolitan Planning Organization. [Report from the Planning Department] Volumae 46 - Page 238 MINUTES 0/C Regnl Adv Plug Cncl Res 92 -79 (54) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES July 27, 1992 ROLL 0\ INDEX 6. Resolution No. 92 -80 declaring City's Spygls Rdg intention to vacate certain street Tr 7247 sights -of -way in Tract No. 7247 Vacation (Spyglass Ridge); adopting a map showing Res 92 -80 the area to be vacated and setting a public hearing for August 24, 1992. (90) [Report from the Public Works Department] 7. Resolution. No. 92 -81 authorizing utilities/ issuance of bonds, approving forms of AsmtDist 6 bond indenture, bond purchase contract Res 92 -81 and preliminary official statement for (89) a special assessment district (Assessment District No, 63, Newport Island). [Report from the Public Works Department] S. Resolution No. 92 -82 authorizing the Adm /Excutn Mayor and City manager to execute deeds, Deeds /Esmt easements, and acceptances. [Report Res 92 -82 from the City Attorney] (35) STAFF AND COMMISSION REPORTS For Council information and approval: 9. Removed from the Consent Calendar. 10. Report from the Planning Department Planning recommending RENTAL VACANCY RATE for (68) 1992 be established at 6.27 %. For Council information and filing: • 11. Removed from the Consent Calendar. PUBLIC HEARING SCHEDULING - August 10, 1992: 12. Removed from the Consent Calendar. 13. Removed from the Consent Calendar. 14. SITE PLAN REVIEW NO. 61 - Approve the Site Pln improvement plans and specifications and Rvw 61 accept the public improvements located (84) at 3636 East Coast Highway, on the northerly corner of Poinsettia Avenue and East Coast Highway, in Corona del Mar; and authorize the City Clerk to release the Faithful Performance Surety and the ]tabor and Materials Surety (Certificates of Deposit Nos. B00386 and B00387). [Report from the Public Works Department] 15. APPLICATION OF MR. AND MRS. KEITH MACKIE Encrchm Approve the application to construct Permit/ a planter in the Via Havre Parkway at Mackie 112 Via Havre, Lido Isle. [Report from (65) the Public Works Department] 16. Removed from the Consent Calendar. • 17. WEST COAST TRANSPORTATION NETWORK INC. - C Trnsp Approve the request to change the color etwrk/ scheme and insignia used on taxicabs. Taxi [Report from Revenue Manager, Finance (27) Department] Volume 46 - Page 239 • Motion All Ayes 0 • x CITY OF NEWPORT BEACH July 27, 1992 18. HARBOR PERMIT APPLICATION 162 -1 - Uphold staff's recommendation to approve, subject to conditions in the staff report, request by Shull Bonsall and the Bay Island Homeowner's Association to, revise the residential float bayward of #1 Bay Island. [Report from the Marine Department] 19. SPECIAL EVENTS APPLICATION - Uphold staff's recommendation to approve application No. 92 -238, Orange County Building Association for fundraising event to benefit the homeless, Sunday, November 8, 1992, for 5K and 10K runs in Fashion Island, subject to conditions in the staff report. [Report from the Revenue Manager, Finance Department] ITEMS REMOVED FROM THE CONSENT CALENDAR AGENDA ITEM NO. 2. Report from the Planning Department recommending ordinances be introduced and scheduled for public hearing on August 10, 1992 concerning The Irvine Company. Upon recommendation of the staff, motion was made to introduce and schedule for public hearing on August 24, 1992, rather than August 10, the following ordinances: (a) PROPOSED ORDINANCE N0. 92 -35, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A DEVELOPMENT AGREEN ENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR THE CIRCUTATION IMPROVEMENT AND OPEN SPACE AGREEMENT (DEVELOPMENT AGREEMENT N0. 6) ; :en (b) PROPOSE) ORDINANCE NO. 92 -36, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR UPPER CASTAWAYS (Planning Commission Amendment No. 764); AND (c) PROPOSE) ORDINANCE NO. 92 -37, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR NEWPORTER NORTH/NEWPORTER KNOLL (Planning Commission Amendment No. 765); Volume 46 - Page 240 MINUTES Wimu • 0 Motion All Ayes COUNCIL MEMBERS x CITY OF NEWPORT BEACH \ \\ July 27, 1992 (d) PROPOSED ORDINANCE NO. 92 -38, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE- ZONING THE PROPERTY COMMONLY KNOWN AS RAYVIEW LANDING FROM THE U DISTRICT TO THE P -C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR BAYVIEW LANDING (Planning Commission Amendment No. 767); AND (e) PROPOSED ORDINANCE NO. 92 -39, being, . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT RE- ZONING THE PROPERTIES COMMONLY KNOWN AS SAN DIEGO CREEK NORTH AND JAMBORKE/MACARTHUR FROM THE U DISTRICT TO THE P -C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR SAN DIEGO CREEK NORTH - JAMBOREE MAC ARTHUR (Planning Commission Amendment No. 768); AND (f) PROPOSED ORDINANCE NO. 92 -40, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMBPDMENP RE- ZONING THE PROPERTY COMMONLY KNOWN AS CORPORATE PLAZA WEST FROM THE U DISTRICT TO THE P -C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR CORPORATE PLAZA WEST (Planning Commission Amendment No. 770). 12. Report from the Planning Department recommending certain items be scheduled for public hearing on August 10, 1992; and upon recommendation of the staff, motion was made to schedule the following for public hearing on August 24, 1992, rather than August 10: A. TRAFFIC STUDY NO. 82 - Request to approve a traffic study consistent with the provisions of Chapter 15.40 of the Newport Beach Municipal Code for eleven sites addressed in the Circulation Improvement and Open Space Agreement, and acceptance of an environmental document; AND Volume 46 - Page 241 MINUTES CITY OF NEWPORT BEACH ~ x4x!k J. km M INUTES ua B. AMENDMENT NO. 763 - Request to Harbor Vu amend the Harbor View Hills Hills PCD Planned Community District PCA 763 Regulations and Development Plan (94) so as to allow for the construction of 48 additional • dwelling units; AND C. AMENDMENT NO. 766 - Request to N /Ford PCD amend the North Ford Planned PCA 766 Community District Regulations and (94) Development Plan so as to allow for the construction of 300 additional dwelling units; AND D. AMENDMENT NO. 769 - Request to Blck 800 amend the Block 800 Planned Sr Citz Community District Regulations and Housing Development Plan so as to allow PCA 769 the construction of 245 dwelling units for senior citizen housing. (94) Motion x 13. Report from the Planning Department GPA 92 -2 All Ayes recommending the public hearing for (45) General Plan Amendment No. 92 -2 ( Bayview Landing) be scheduled on August 10, 1992; and upon recommendation of. the staff, motion was made to schedule public hearing on August 24, 1992, rather than August 10 for the following: General Plan Amendment No. 92 -2 ( Bayview • Landing) - Request of The Irvine Company to amend the Land Use Element of the Newport Beach General Plan and the Local Coastal Program Land Use Plan to allow for an optional permitted land use of affordable senior citizen housing on the Bayview Landing site in association with the transfer of 30,000 sq. ft. of retail commercial entitlement to Fashion Island in Newport Center. 3. Report from the Parks, Beaches and Recreation Department recommending introduction of: Proposed ORDINANCE NO.92 -41, being, rd 92 -41 B &R AN ORDINANCE OF THE CITY COUNCIL (62) OF THE CITY OF NEWPORT BEACH AMENDING SECTION 11.04 BY ESTABLISHING TIME LIMITS ON THE USE OF PUBLIC OUTDOOR BASEETBALL COURTS. It was recommended by staff that Item (f) of the proposed ordinance, concerning Prohibited Conduct, be revised to read: • "Play basketball on any outdoor public basketball court between sundown and 8:00 a.m." Motion x Notion was made to introduce, as All Ayes revised, Ordinance No. 92 -41, and pass to second reading on August 10, 1992. Volume 46 - Page 242 � i : 'ia'i•ia-� • Motion All Ayes Motion All Ayes X Motion x All Ayes Green x x Red • x ix CITY OF NEWPORT BEACH MINUTES July 27, 1992 9. Report from the Deputy City Manager Council recommending adoption of City Council Policy Policy F -24, City Owned Revenue. F -24 Producing Property. (69) It was recommended that Item No. 7 be revised to read: "All negotiations regarding the lease, management contract, concession, sale or similar action regarding a revenue producing property shall be conducted by the City Manager or his designee under the direction of the City Council Ad Hoc Income Property Committee or other appropriate committees prior to consideration by the City Council." X Motion was made to adopt the foregoing policy, and to direct staff to bring back at the next City Council meeting, the enabling resolution establishing the Ad Hoc Income Property Committee. 11. Report to the City Manager regarding Planning ACTIONS TAM BY THE PLANNING COMMISSION (68) on July 9, 1992. Motion was made to schedule public U/P 1502A hearing on August 10, 1992 on Use Permit No. 1502(A), Lucy's Bar & Grill, on property located at 353 East Coast Highway. 16. Report from the Public Works Department Permit/ recommending approval of NONSTANDARD Encrchm ENCROACHMENT AGREEMENT for construction (65) of a stairway located over water, sewer and storm drains in a public utility easement over Lot A, Tract 10151, a parcel of land owned by the Harbor Hill Homeowners Association; authorize the Mayor and the City Clerk to execute the agreement and record with the Orange County Recorder. Upon recommendation of the staff, motion was made to defer action on this item to August 10, 1992. CONTINUED BUSINESS 20. APPOINTMENT TO PLANNING COMMISSION. Planning Commissiot X Anne Gifford was assigned the green light; Stephen Sutherland was assigned the red light. Anne Gifford was appointed to fill the unexpired term of Barry Gross ending June 30, 1995. Volume 46 - Page 243 n M Ayes Motion All Ayes • CITY OF NEWPORT BEACH \\\ July 27, 1992 CURRENT BUSINESS 21. HARBOR QUALITY CITIZENS ADVISORY COMMITTEE VACANCY. X Notion was made to reaffirm (District 7) Council Member John Cox's appointment of Richard Wood for term ending December 31, 1992. 22. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE VACANCY. x Motion was made to accept with regret, letter of` resignation from Deborah Lucas,, and defer (District 2) Council Member Ruthelyn Plummer's appointment to August 10, 1992 to fill Ms. Lucas' unexpired term ending December 31, 1992. Meeting adjourned at 7:25 p.m., in memory of Jay Watt who passed away on July 21, 1992, husband of Council Member Jean Watt. * & z1r ik yr it it yr yt * is * 7t The agenda for this meeting was posted on July 3, 1992 at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: O City Clerk �vWPI Volume 46 - Page 244 MINUTES Environmen tal Qualit CAC.