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HomeMy WebLinkAbout09/14/1992 - Regular Meeting� is r a•« •tis • Present x x Motion All Ayes Motion All Ayes 0 x x x CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: September 14, 1992 William Hamilton addressed the Council, after introduction by Mayor Sansone, and reported that after many years of trying to improve the quality of the water in the harbor, he and two associates helped put together a device called a Water Rake. Mr. Hamilton introduced Reed and Rita Sprinkel, who presented the City with • check for $31,237.50 toward the purchase of • Water Rake. In addition, Mr. Sprinkel made • gift of radio equipment so that the operator of the Water Rake can communicate with the Harbor Patrol and U.S. Coast Guard. Following the presentation, Mayor Sansone, on behalf of the Council and the City of Newport Beach, expressed gratitude for the Sprinkels generosity. x I x I x I x I ROLL CALL Reading of Minutes 1992 was waived, ordered filed. Reading in full resolutions under and City Clerk was only. PUBLIC HEARINGS of Meeting of August 24, approved as written, and of all ordinances and consideration was waived, directed to read by titles 1. Mayor Sansone opened the public hearing regarding: A. General Plan Amendment 92 -2(C): Request to amend the General Plan Land Use Element as follows: Castaways Site: Add an additional permitted land use of senior citizen housing facilities up to a maximum of 120 dwelling units on the site located on the northeasterly corner of Dover Drive and 16th Street; Bayview Landing: Delete the allowed land uses of restaurant or athletic club and provide for a local activity park on lower Bayview Landing; Fashion Island: Add 30,000 sq.ft to the allowable development in Fashion Island; property located within the area formed by the ring of Newport Center Drive in Newport Center; AND B. Local Coastal Program Amendment No. 28: Request to amend the Local Coastal Program, Land Use Plan, as Follows: Castaways Site: Add an additional permitted land use of senior citizen housing facilities up to a maximum of 120 dwelling units on the - site located on the northeasterly corner of Dover Drive and 16th Street; property Volume 46 - Page 294 MINUTES 94) 92 -2(C Irvine M COUNCIL MEMBERS • lJ • . , CITY OF NEWPORT BEACH September 14, 1992 located at 900 Dover Drive, on the southeasterly side of Dover Drive between Aestcliff Drive and West Coast Highway; and Bayview Landing: Delete the allowed land uses of restaurant or athletic club and provide for a local activity park on lower Bayview Landing; property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and Bast Coast Highway, across from the Villa Point Planned Community. Report from the Planning Department. Supplemental Report from the Planning Department. Letter from Jo Vandervort in support of an "Active Park" along Dover Drive. The City Clerk advised that after the agenda was printed, 356 signatures were received on petitions for the active park at Castaways, and letter from the Cliff Haven Community Association opposed to the Senior Housing on the proposed Castaways development. The City Manager stated that at the last Council meeting consideration was given to the Circulation Improvement and open Space agreement between the City and The Irvine Company, and deferred information regarding the action for tonight's meeting to Patricia L. Temple. Patricia L. Temple, Advanced Planning Manager, reviewed the Council action taken at the meeting of August 24, 1992, whereby one of the suggested actions was that two of the proposed landings were to be switched in terms of their location. That is the placing of the senior citizen housing on the upper Castaways development, and taking a five acre park from Castaways and placing it on the lower Bayview Landing. Since that particular land use issue had not been considered by the Planning Commission, it was referred by the Council back to the Planning Commission for further public hearing and recommendation. At the Planning Commission meeting held on September 10, 1992, they voted unanimously to recommend to the Council that their original recommendation, which was a three -way optional land use including senior citizen housing on Bayview Landing be sustained, and that the five acre activity park be maintained on the Castaways project. The Planning Commission, in making their recommendation, also took into account the position of the Parks, Beaches and Recreation Commission and testimony received at the hearing. Should the City Council decide to approve the senior citizen housing on the Castaways site, as indicated by the Council's previous action, the suggested action in Volume 46 - Page 295 MINUTES ina GPA 92 -2(C r 17-4m" 1 37W :;3:.y LVI • 0 CITY OF NEWPORT BEACH September 14, 1992 the original staff report should be taken. If based on this information and testimony tonight the Council determines to revert to the former allocation of land uses, the Supplemental Report contains draft resolutions which will reflect that action. In addition Item No. 18 on the agenda for this evening includes four ordinances which were required to come back for second reading as a result of the Council's action on August 24, 1992. Two of the ordinances, Nos. 92 -36 and 92 -38 are the P -C Text related to the Upper Castaways development and the Bayview Landing development. If the City Council chooses to revert to the former land use allocations, then these two ordinances will be required to be reintroduced and passed to second reading on September 28, 1992. Council Member Hart offered that since the last Council meeting, there has been a lot of dialogue throughout the whole community of Newport Beach, particularly from those: residents who live fairly close to the Castaways, such as Cliff Haven and Mariners. She added that after looking at: the issue, the residents understand the senior housing on concept on this five acres that is directly across from the Lutheran Church, and there is practically 1008 consensus that the City is better served at this time to sustain the decision of the Planning Commission and keep that five acres as an activity park. Mayor Sansone advised that part of the action taken by the Council on August 24, 1992, was to defer back to the Planning Commission whether or not they wanted to stay with the original recommendation, and the Council at that time did not make a "switch." As a result: of the Planning Commission's reaffirmation of the original recommendation, Council indicated to the Mayor that they would uphold the Planning Commission's recommendation. Mayor Sansone invited public testimony, whereupon there was no one wishing to approached the Council in opposition. Charles McCann, 3700 Seaview Avenue, Corona del Mar, Chairperson of the Human Services Committee of the Oasis Senior Center, addressed the Council, advising that he is not opposed to the current Planning Commission recommendation, but supports "affordable" senior housing which seems to be implied in the documentation, and the issue of what affordable means is of concern. He explained that Oasis provides a shared housing program and this program gives insight into the needs of seniors in the community. The program seeks to link seniors with housing needs to those Voluzae 46 - Page 296 MINUTES ina A 92-2(C' R 0 40 0 Motion 121132 ,1 mm x CITY OF NEWPORT BEACH September 14, 1992 having housing resources, and is an alternative program that is getting quite a response. They have approximately 50 to 60 inquiries each month about seniors wishing to link up with a shared housing arrangement, who cannot afford to go to the open market, but can afford some of the nonprofit facilities. The rate of inflation is squeezing out many of the members, i.e., the Oasis Senior Center enthusiastically supported the Terrace project, and short of a misunderstanding, they thought it was to be affordable housing. The City must make clear what affordable means, because inflation quickly makes it unaffordable to a substantial number of the senior members of the community. In summation he added that they are enthusiastic about what the Council is doing, appreciate their efforts, and commend them. In response to Council inquiry, Ms. Temple advised that the housing currently envisioned on Bayview Landing will be waits which are affordable to low- and very low- income groups, as defined by 50% and 80% of median family income, and those are adjusted for household sizes as well. In answer to question raised by Council, Ms. Temple replied, that most likely the housing here will consists of rental units, rather than purchase units. Mayor Sansone added that it is also his understanding that The Irvine Company is negotiating with nonprofit organizations to own these facilities similar to the Lutheran Church operation. Mayor Sansone repeated, that the Council is entertaining the recommendation of the Planning Commission, i.e., to leave the park at the Castaways, and that the hearing is still open to address this issue in opposition only. Wayne Miller, 1401 Galaxy Drive, addressed the Council about the proposed creation of an ad hoc committee to consider the purchase of the Castaways open space, and he suggested that representatives from youth activities be appointed to that committee, as well as the Conservancy, for their input. Mayor Sansone advised it is his understanding that the ad hoc committee be a Council committee, and they can ask for input from citizens and recreational groups. After it was determined that no one wished to speak in opposition, the public hearing was closed. Mayor Pro Tem Turner made a motion that the open space passive portion of the Castaways, and the active portion of the park will be retained; and that the Council direct the Parks, Beaches and Recreation Commission and staff as follows: Volume 46 - Page 297 MINUTES GPA 92 -2(C • • All Ayes • CITY OF NEWPORT BEACH COLKIL KMERS September 14, 1992 o That the design of the activity park shall be such that the operations of the park minimize adverse impacts on adjoining residents. The aspects of the design of greatest concern are the provision of adequate parking, the location and orientation of parking and the location and orientation of the active play fields; o The operations plan of the park shall be sensitive to surrounding adjacent land uses of residential and churches. Of greatest concern is the scheduling of the facility for practice sessions and games of team sports; o The design of the park and its operation plan shall be subject to the further review and approval of the City Council; ai A. Adopt Resolution No. 92 -96, adopting an amendment to the Land Use Element of the Newport Beach General Plan for Castaways, Bayview Landing and Newport Center - Fashion Island (General Plan Amendment 92 -2(C); AND B. Adopt Resolution No. 92 -97, approving Amendment No. 28 to the Local Coastal Program, Land Use Plan. In response to Council inquiry regarding the height of the P -C text, Ms. Temple advised that the way the text reads is the maximum of 24 feet as defined by the Newport Beach Municipal Code, and the Municipal Code defines the height of buildings in relationship to average roof height, thereby incorporating existing roof height. The motion was voted on and carried. 2. Mayor Sansone opened the public hearing for Council review regarding: MODIFICATION NO. 4015 - Request to permit the installation of a double - faced animated blinking, identification pole sign that contains 257 ± square feet per face and is 50 feet in height, whereas the Fashion Island Planned Community District Regulations limit freestanding signs to monument signs with an area of 50 square feet (per face) and a height of 5 feet, and prohibit flashing, blinking or any type of sign animation visible from Newport Center Drive. This application was referred to the Planning Commission by Volume 46 - Page 298 MINUTES 92 -2(C; 92 -96 92 -97 tion 4015 (94) • ERA "Ors R ", W \ \\ September 14, 1992 the Modifications Committee. Property odifica- located at 451 Newport Center Drive, on tion 4015 Newport Center Drive, between San Miguel Drive and San Nicolas Drive, in Fashion Island. Report from the Planning Department. Letter expressing strong opposition to the proposed sign for the Hard Rock Cafe from Jack and Shirley McManus. The City Clerk advised that after the agenda was printed, letters were received concerning the architectural integrity of Fashion Island from James Krutcik, C. Philip O'Carroll and Wayne R. Sims. Also, the City Clerk noted the phone messages from Sharper Image, A Place in Time and ]Between the Sheets, stating that they were in favor of the signage. The City Manager, briefly explained that this item was removed from the Consent Calendar on August 24, 1992 by Council Member Watt and scheduled for Council review tonight, which was considered by the Planning Commission and approved on a 4 to 3 vote on August 6, 1992. He deferred to Patricia L. Temple to detail the specifics of the request. Patricia L. Temple, Advanced Planning Manager, commented that the requested modification does not meet the height provisions in the P -C District regulations for Newport Center Fashion Island, and also contains animation. A monument sign in Fashion Island can only be five feet high, and the requested height is 50 feet, and flashing, blinking or any other type of sign animation visible from Newport Center Drive is prohibited. Ms. Temple added that the business itself is not a cafe or bar, it is really a family- oriented restaurant of a very unique nature, and the judgment to be made in terms of approving or denying this request is subjective and this is where true discretionary action takes place. Staff has prepared and given to the Council a set of revised findings if it is their desire to approve the subject modification. Should this item be approved, a clear indication should be made that this decision by no means is a desire of the City Council to alter the City's typical attitude toward signs within the City, and that this would be a very particular case which would not set a precedent. Mayor Sansone invited public testimony, whereupon .Jim Rees, applicant and Vice President of Operations for the Hard Rock Cafe, 10 Ramada, Irvine, addressed the Council with an over -view presentation of their proposal, i.e., what the Hard Rock Cafe stands for, Volume 46 - Page 299 CITY OF NEWPORT BEACH COUNCIL MEMBERS September 14, 1992 CHLL • • IDG111� visually what the sign is, the Modifica- structural sign and the fact that it tion 4015 will not have a visual impact upon any residential communities within the area, and why they feel that the Hard Rock Cafe should have the proposed guitar structure. Mr. Rees reaffirmed that the Hard Rock Cafe is a family- oriented restaurant, not a rock and roll night club, not a bar, and pride themselves in high quality food and beverage, and stock an extensive array of merchandise which has become well -known all over the world. He emphasized that they are not just a "Twenty - Something Place," which was mentioned in a recent newspaper article, but a cafe that attracts all ages, from the very, very young to the elderly. He explained that they are a rock and roll museum with authentic rock and roll memorabilia which has been collected over the years bought at auction and items also donated to their facilities all over the world. In summation, he stated that they are a very socially responsible and environmentally conscious company which is excited to be a part of the Newport Beach community, and will bring some very interesting and positive results to the City of Newport Beach in the way that they do their business. He also mentioned that they close their restaurants every year on Thanksgiving and open them to the homeless, and feed the homeless every week; provide charity benefits on a regular basis; recycle everything within the restaurants, and use all recycled products and are advocates of starting these kinds of policies among fellow businesses. In relation to the visual impact and location of the sign, Mr. Rees explained that the sign is within the 'P -C district, which is exclusively retail, and surrounded by commercial businesses, and if approved, would not necessarily create any precedent for future signs, as was mentioned in the staff report. The height of the sign is designed to be 40 feet with a 10 foot fountain underneath the guitar (the neck of the guitar is approximately 20 feet and the body is 20 feet). The neck of the guitar is 2 feet wide, and has a limited amount of neon (strings of the guitar) as illustrated on the drawings displayed for Council review. The building location Is in an area that has an approximate 12 foot drop in grade from the ring road that surrounds Fashion Island, and there is an approximate 3 -5 foot drop from the front location of the door to where the sign is located, and essentially the proposed area where the sign is to be, the sign will sit in a hole. The :sign as proposed is designed in tasteful. soft -toned colors, and fits in with the ambience, and the intensity of the neon and animation is computer controlled and can be altered. Volume 46 - Page 300 CITY OF NEWP0RT BEACH COUNCIL MEMBERS ROLL September 14, 1992 CRLL 0 • At the conclusion of a slide presentation by Mr. Rees illustrating what the top of the sign would look like in relationship to the buildings in the area, light fixtures, palm trees, etc., in the daylight and also at night with the neck of the guitar illuminated, Council made some inquiries regarding the illumination of the neon strings of the guitar.. Mr. Rees stated that he feels very confident the visual impact to the residential area is minimal, if any. He explained that the Hard Rock Cafe name has a renowned image within the country, i. e., the t- shirts they have all over the world explain the cities that they are operating in. The Hard Rock creates an experience for its customers - -the building, the music, the memorabilia inside and also the exterior facade, created situations in Los Angeles, Sydney, Australia, La Vegas, Nevada. A sign similar to the one proposed for Fashion Island was added to their Chicago operation approximately a year ago, and the sales have increased between $1.5 and $2 Million this year, and they feel that the sign has attributed to a large percentage of that increase. They have worked closely with The Irvine Company in keeping with their design for Fashion Island, to bring energy and enthusiasm to the entire facility and shopping center, and future customers who will spend good dollars in the City. They have estimated sales for the Newport Beach Hard Rock will be between $9 and $11 Million from the first year of operation, which will generate over $700,000 in sales tax, and by employing over 150 people be an active contributor to the community on an ongoing basis. In response to Council inquiry, Mr. Rees stated that they do have signs that are not as high as the requested proposed height, but the physical constraints of those locations could not warrant having this type of sign. He added that they will invest approximately $1.5 Million in this sign, as that is how strongly they feel it is an added benefit. Mr. Rees addressed the inquiry regarding the animation as that which was presented in the public hearing at the Planning Commission meeting; however the difference was the approved version that the animation would be reviewed in 90 days. He added that the animation could be changed, from full animation proposed, or absolutely no animation, as it is generated by computer and can be varied based upon what the desire is. Ms. Temple„ in answer to question raised by the Council regarding the illuminated animation, interjected that the action the Planning Commission took gives them the authority to modify the animation level of the sign to the extent of not having animation at all. Volume 46 - Page 301 MINUTES Modifica- tion 4015 $ • 0 0 u CITY OF NEWPORT BEACH ".ii.41�9 \ \\ September 14, 1992 Roger Seitz, 1038 Goldenrod, Senior Vice Modifica- President with The Irvine Company, tion 4015 addressed the Council, stating that he is responsible for planning and design of the company's projects, especially their own long -term investments. The company's goal for Newport Center throughout the years is to create an attractive and sophisticated town - center environment with diverse opportunities for shopping, dining and entertainment, or just for strolling and watching the children play in the fountains. They are constantly on the alert to fine tune the center to add interest and excitement with things like new lighting, graphics, kiosks and other amenities. He assured the Council that The Irvine Company has carefully considered every aspect of the Hard Rock proposal, and look forward to the added visual and economic vitality it will bring to Newport Center. Mayor Sansone brought up the fact that for approximately the last five years, the City has been turned down by The Irvine Company to approve a free- standing sign in front of the Police Department to direct the public. Mr. Seitz commented that he was not aware of the City's request, but that it should be directed to his attention. Janice Fuchs, 2607 Harbor View Drive, addressed the Council stating she is employed by the Rouse Company that manages Fashion Island for The Irvine Company, adding that the Rouse Company manages over 75 shopping centers in the U. S. and Canada, and that of all of their portfolio, Fashion Island, Newport Beach was the only location able to secure a Hard Rock Cafe. She explained that their business is to create sales for their merchants and supporting them in that pursuit, and therefore, support the Hart Rock Cafe in their pursuit. Dick Marowitz, 2719 Setting Sun Drive, addressed the Council stating that he is a long -time tenant in Fashion Island, former President of the Fashion Island Merchants Association, and former President of Newport Center Association. He added that most everyone agrees (family, business associates, and residents) that for the Rouse Company to have signed such a world class multi facet restaurant as the Hard Rock Cafe of America, is quite a feat, and urged the Council to approve the project, keeping in mind if this sign is the difference between a successful and a tremendously successful store, that the signage as; requested should not be denied. Suzanne Coons, 200 Ruby, owner of the Ultimate Invitation in Atrium Court, President of the Fashion Island Merchants Association and currently serving on the Newport Center Association Board, addressed the Council on behalf of the Merchants Association Volume 46 - Page 302 1: Iii, yl7yl: 7[..7 _• 18 Motion Motion 0 X x CITY OF NEWPORT BEACH G{��L1 g September 14, 1992 in support of the Hard Rock Cafe, which Modifica- they feel will enhance Fashion Island's tion 40B appeal, as well as draw new customer to the center. She added that the Fashion Island Merchants Association Board of Directors overwhelmingly supports the addition of Hard Rock Cafe's guitar, and request that the Council support this issue by approving the variance. Richard Lushrs, President of the Newport Harbor Area, Chamber of Commerce, addressed the Council to express support for the Hard Rock Cafe and their guitar structure. He added that the Chamber sees this as a very important business issue, as their Board of Directors has notable tours of its own, and are familiar and most impressed with the Hard Rock Cafe's operational characteristics wherever they open their restaurants, and feel that they will add a tremendous success factor to Newport Beach that everyone can take advantage of. He urged that the Council not place additional conditions on this particular sign or structure. Richard Cartrell, President of the Newport Beach Conference and Visitors Bureau, addressed the Council, stating that on behalf of all of their members, as well as the Board of Directors, they wish to indicate their support for the Hard Rock Cafe. He commented he is very fascinated with the fact that the Hard Rock Cafe t- shirts will be freely publicizing Newport Beach all around the world, and emphasized that making it easy to locate the facility is the general purpose of signage. After it was determined that no one wished to address the Council in opposition, the public hearing was closed. Discussion ensued, wherein Council Member Coss stated that this is a business issue and everyone is looking for some type of vitality; therefore, motion was made to approve this project at the 40 foot height level, and with the revised new findings. Council Member Watt voiced reservations regarding the signage; and therefore, made a substitute motion to approve the 40 foot guitar standing upright in the pool. Council Member Cox commented that he will not support the substitute motion, as he feels this is a business issue, and that Council should not get involved in the design and architectural aspects of the project. Council Member Hart stated that she will support the original motion, as the height is the issue, and not the artistic configuration. Volume 46 - Page 303 Ayes Noes All Ayes 0 • Motion All Ayes • CITY OF NEWPORT BEACH � i � is r a•.. 1.. e. x XI I x x x x A MINUTES September 14, 1992 The substitute motion was voted on and FAILED. Council Member Cox 's original motion was voted on and carried. PUBLIC COMMENTS 1. Don Harvey, 2039 Port Weybridge, SJHTC addressed the Council, stating that in July and August he spoke on the City's joining the Transportation Corridor Agency's lawsuit against S.P.O.N., the environmental organization. He repeated that the City was suing its citizens to keep them quiet on a matter of legitimate public concern. He added that the City Council should be ashamed of itself for putting S.P.O.N. in the position of liability, and requested that the City withdraw from this ill advised lawsuit. Council Member Cox responded that the City did not sue S.P.0.N. S.P.0.N. sued the citizens of Newport Beach and Orange County along with the National Resources Defense Council (N.R.D.C.), who has a war -chest bigger than the City of Newport Beach, and who were prepared to sue the citizens one more time. All that the City did was file a Declaratory Relief Action which puts the lawsuit into court earlier, rather than later, saving the citizens more money, and to settle the case in an expedient fashion as the citizens of Newport Beach have already spent millions and millions of dollars on lawsuits relative to the Corridor. CONSENT CAIENDAR The following actions were taken, except for those items removed: RESOLUTIONS FOR ADOPTION 3. Resolution No. 92 -98 authorizing the arine Mayor and City Council to accept the pt /Water "Hamilton Water Rake" as a donation to lake the City from Mr. and Mrs. Sprinkel to 92 -98 be operated by the Marine Department. es [Report from the Marine Department] (51) 4. Resolution No. 92 -99 establishing "No Trfc /No Parking" restrictions from 8:30 a.m. to Pkg 12:30 p.m., Fridays on FLAGSHIP ROAD. Res 92 -99 [Report from the Traffic Affairs (85) Committee] 5. Removed from the Consent Calendar. CONTRACTS/AGREENEBTS 6. Award CONTRACT NO. 2919 FOR TRAFFIC Trfc Sgnl/ SIGNAL MODIFICATIONS AT VARIOUS Mdfctns LOCATIONS, in the amount of $64,646 to C -2919 Superior Signal Service Corp., Bell (38). Gardens, California. [Report from Public Works /Traffic Engineering] Volume 46 - Page 304 _6 0 CITY OF NEWPORT BEACH 1)G"Ii�: September 14, 1992 7. Authorise the Mayor and City Cleric to Irvn Av Im execute the Consultant Agreement with Santiago D IWA Engineers for engineering design for to Unvrsty IRVINE AVENUE IMPROVEMENTS /SANTIAGO DRIVE TO UINIVERSITY DRIVE (CONTRACT NO. C -2851 2851). [Report from the Public Works (38) Department] 8. Authorise the Mayor and City Clerk to Bal Bl execute an AHFP AGRESIENT with the Rehab /23rd County of Orange concerning BALBOA to 32nd St: BOULEVARD REHABILITATION /23RD STREET TO C -2910 32ND STREET (CONTRACT NO. 2910). [Report from the Public Works (38) Department] 9. Removed from the Consent Calendar. STAFF AND COMMISSION REPORTS For Council information and filing: 10. Removed from the Consent Calendar. PUBLIC HEARING SCHEDULING - September 28, 1992: 11. CONSTRUCTION OF CURB, GUTTER AND SIDEWALK ALONG 62ND STREET BETWEEN NEWPORT SHORES DRIVE AND PACIFIC COAST HIGHWAY - Direct staff to use the procedure of Chapter 27 of the Improvement Act of 1911 to complete construction of curb, gutter and sidewalk along a portion of 62nd Street between Newport Shores Drive and Pacific Coast Highway, and to hear protests from anyone who does not desire these improvements. [Report from the Public Works Department] 12. Report from the Planning Department regarding: A. GENERAL PLAN AMENDMENT 92 -2(B) - Request to amend the Land Use Element of the General Plan so as to alter the dwelling unit allocation and policy statements for Statistical Area No. F -3 in order to allow the subdivision of an existing R -1 Lot into two single family building sites consistent with the minimum subdivision standards of the Newport Beach Municipal Code; and B. LOCAL COASTAL PROGRAM NO. 29 - Request to amend the Local Coastal Program Land Use Plan so as to alter the dwelling unit allocation and policy statements for Statistical Area No. F -3 in order to allow the subdivision of an existing R -1 lot into two single family building sites consistent with the minimum subdivision standards of the Newport Beach Municipal Code. Voluune 46 - Page 305 ?W /Crb /Gtr 3dwlk Cnst 52nd St (Npt Shrs- ;PA 92 -2(B (k5) A 29 WON • • Motion All Ayes Motion 0 X CITY OF NEWPORT BEACH \ \\ September 14, 1992 X 13. WATER MAIN RELINING PROGRAM (CONTRACT NO. 2784) - Accept the work; and 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 applicable portions of the Civil Code. [Report from the Public Works Department] Wtr Mn Rln Prg C -2784 (38) 14. APPLICATION OF MR. AND MRS. HASBELL TO Permit Permit /Cri CONSTRUCT TWO CURB COTS AT 255 EVENING 3400 Cuts CANYON, SHORE CLIFFS DEVELOPMENT IN Haskell CORONA DEL MAR - Uphold staff's 16. SPECIAL EVENTS APPLICATION - Uphold (65) recommendation to approve Events subject Ap /192 -310 conditions in the staff report from the application. [Report from the Public Application No. 92 -310 - 19th Works Department] for September 23 - 27, 1992, in the :Lido Marina Village. 15. HARBOR PERMIT APPLICATION NO. 124 -3400 - Harbor Uphold staff's recommendation to Permit approve request of Duncan McIntosh to Ap#124- temporarily revise the commercial docks 3400 bayward of LIDO VILLAGE AT 3366 VIA (51) LIDO, subject to conditions in the staff report. [Report from the Marine Department] 16. SPECIAL EVENTS APPLICATION - Uphold Special staff's recommendation to approve the Events following application, subject to Ap /192 -310 conditions in the staff report from the (27) Revenue Manager: Application No. 92 -310 - 19th Annual McIntosh Fall Boat Show, for September 23 - 27, 1992, in the :Lido Marina Village. ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. 9. Report from the City Attorney CAty /CNB recommending that the Mayor and City Tidelnds Clark execute a 49 year lease of City Lease tidelands bayward of 36 Harbor Island, (31) the lease to be consistent with that approved b;y the State Lands Commission for County tidelands on Harbor Island. Notion was made to defer action for two weeks; in the meantime, staff directed to review the proposed 49 year lease of City tidelands bayward of 36 Harbor Island and address Council questions. 5. Proposed resolution establishing the Ad Hoc Executive Steering Committee for the WEST NEWPORT COMPREHENSIVE PLAN. Notion was made to adopt Resolution No. 92 -100 with the following revisions as follows: 1. Mayor as an ex- officio member; 4. Delete all of the items after ...study area..; 5. Delete in its entirety; Volume 46 - Page 306 W /Npt Comprehen sive Pln/ Ad Hoc CAC Res 92 -10 (24) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 0 � 4, X11 IkX 9 N W W, Lo All Ayes Motion All Ayes 0 Motion All Ayes X X 1 ira 8. Change to number 7, to read: Two at -large members with broad community experience preferably residing outside the study area; 9. Change to number 8 to read: The City Manager and City Attorney...... As there were no objections to the revisions, the motion was voted on and carried. 10. Report to the City Manager regarding actions taken by the Planning Commission on August 20, 1992. Motion was made that Modification Nos. Modifica- 4039 and 4040 be scheduled for public tion Nos. hearing on September 28, 1992; remaining 4039/4040 items in the report to the City Manager from the Planning Department received and filed. ORDINANCES FOR ADOPTION 17. Proposed ORDINANCE NO. 92 -42, being, Ord 92 -42 Trfc /Greer. AN ORDINANCE OF THE CITY COUNCIL Crb Mrkgs OF THE CITY OF NEWPORT BEACH (85) AMENDING SECTION 12.48.040(D) OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE MEANING OF GREEN CURB MARKING IN PARKING METER ZONES. Recycled report dated August 10, 1992 from the Public Works /Traffic Engineering Department. The City Manager briefly stated that the subject ordinance is the result of discussion at a previous study session by members of the Council to permit parking time limits in the green zones of less than 30 minutes, and specifically in response to Council request to allow two 15 metered spaces near the Dory Fleet to accommodate a request of the Dory Fleet. Notion was made to adopt Ordinance No. 92 -42. 18. Report from the Planning Department regarding: Proposed ORDINANCE NO. 92 -35, being, Ord 92 -35 The Irvin( AN ORDINANCE OF THE CITY COUNCIL Co. Dev OF THE CITY OF NEWPORT BEACH APPROVING A DEVELOPMENT AGREEMENT Agm No. 6 BETWEEN THE CITY OF NEWPORT BEACH C -2920 AND THE IRVINE COMPANY FOR THE (38) CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (DEVELOPMENT AGREEMENT N0. 6) . Request to adopt a Development Agreement for the Circulation Improvement and Open Space Agreement for eleven sites in the City of Newport Beach; AND Volume 46 - Page 307 • • 18 COUNCIL MEMBERS CITY OF NEWPORT BEACH September 14, 1992 INVU Proposed ORDINANCE NO. 92 -36, being, Ord 92 -36 Zoning AN ORDINANCE OF THE CITY COUNCIL (94) OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR UPPER CASTAWAYS (PLANNING COMMISSION PCA 764 AMENDMENT NO. 764). Request to adopt Planned Community District Regulations and Development Plan for Upper Castaways. This request would provide for the construction of 151 dwelling units and senior citizen housing; property located at 900 Dover Drive, on the southeasterly side of Dover Drive between Westcliff Drive and West Coast Highway; AND Proposed ORDINANCE NO. 92 -37, being, Ord 92 -37 AN ORDINANCE OF THE CITY COUNCIL (9G) OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR NEWPORTER pCA 765 NORTH/NEWPORTER KNOLL (PLANNING COMMISSION AMENDMENT NO. 765). Request to adopt Planned Community District Regulations and Development Plan for Newporter North/Newporter Knoll. This request would provide for the construction of 212 dwelling units on Newporter North and open space on Newporter Knoll; property located at 1501 Jamboree Road, on the northwesterly side of Jamboree Road between San Joaquin Hills Road and the Newporter Resort; qw 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 BAYVIEW LANDING FROM THE U DISTRICT TO THE P -C (PLANNED COMMUNITY) DISTRICT AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVKIAPMENT PLAN FOR BAYVIEW LANDING (PLANNING COMNISSION AMENDMENT NO. 767). Request to amend a portion of Districting; Map No 37 so as to reclassify property from the U (Unclassified) District to the P -C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for active and passive recreational uses on the site; property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. Volume 46 - Page 308 94) 92 -38 767 COUNCIL MEMBERS ROLL CALL Motion x All Ayes • Motion All Aye Motion All Aye Motion All Ayes 0 X X CITY OF NEWPORT BEACH MINUTES September 14, 1992 As a result of the adopted recom- mendations on Public Nearing No. 1, motion was made that Ordinance Nos. 92- 36 and 92 -38 be reintroduced, as revised, and passed to second reading on September 28, 1992 (refer to P -C texts and the supplemental report from Planning ])apartment); and Ordinance Nos. 92 -35 and 92- 37 be adopted. i ua CURRENT BUSINESS 19. Report from Public Works /Traffic PW /Trfc Engineering concerning PARE BENCHES ON (74) COAST HIGHWAY IN CORONA DEL MAR. In summary. the City Manager, stated that the City staff feels this is an issue that should be addressed by taking a comprehensive look at benches in the right -of -way, and this is reflected in the proposed agenda action. Notion was made to direct staff to prepare a Council Policy regulating the placement of park benches on sidewalks. 20. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS EQA %CAC ADVISORY COMMITTEE VACANCY: Notion was made to accept, with regret, letter of resignation from Cheryl Jaffe, and (District 4) Mayor Pro Tem Turner's appointment be deferred to September 28, 1992 to fill the unexpired term ending December 31, 1992. 21. Report from the Finance Director Budget/ concerning BUDGET AMENDMENTS FY 92 -93 IMPLEMENTING REDUCTIONS IN THE FISCAL (40) YEAR 1992 -93 BUDGET. The City Manager advised that the above supplemental agenda item deals with amending the budget and formally implementing reductions in the City's Interim Budget in the areas of Salaries and Benefits, Maintenance and Operations, Capital Outlay and Capital Improvements, as a result of the State Legislature's adopted budget. Notion was made to adopt Resolution No. 92 401, approving Budget Amendment Nos. 005 and 006, formally implementing the reductions, and adopting the revised budget for the 1992 -93 fiscal year. Meeting adjourned at 8:52 p.m., in memory of Jack Brooks, Park & Tree Maintenance Superintendent, itho passed away on September 4, 1992. Volume 46 - Page 309 92 -101 7 DIPIK94 C7 • CITY OF NEWPORT BEACH \ \\ September 14, 1992 * * * * * * * * * * * * * The agenda for this meeting vas posted on September 10, 1992 at 9:15 a.m.; and supplemental agenda posted on September 11, 1992, at 1:06 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. S6 ATTEST: Volume 46 - Page 310 MINUTES