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HomeMy WebLinkAbout04/11/1994 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS `_ �9 REGULAR COUNCIL MEETING g, �� ] f PLACE: Council Chambers ROLL CflLL �`r �` DATE: April 11, 1994 Ail- -Present Alen A yes Motion All Ayes Motion Ayes Noes Motion Al es M Al Ayes Motion All Ayes Motion All Ayes Motion All Ayes x X x MINUTES x X Mayor Turner presented a Proclamation to LaDonna Kienitz in recognition of NATIONAL LIBRARY WEEK, APRIL 17 -23, 1994, AND CITY LIBRARY DAY, APRIL 20, 1994. ROLL CALL Reading of Minutes of Meeting of March 28, 1994, was waived, approved as written and ordered filed. Reading in full of all ordinances and resolutions under consideration was valved, and City Clerk was directed to read by titles only. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA OR RAISE FOR DISCUSSION• 1. Report from the Planning Department regarding HEIGHT LIMITS - Council Member Hart. X Motion was made by Council Member Hart X x to send this item back to the Planning x x x Commission for review and clarification so that height regulations can be expressed in terms of maximum limits as opposed to basic or average limits as currently exists, which motion FAILED. COUNCIL COMMITTEE REPORTS - Receive and File: X 2. Bicycle Trails Citizens Advisory Committee - Minutes of March 7, 1994. X 3. Harbor Quality Committee - Minutes of March 10, 1994. X 4. Environmental Quality Affairs Committee - Minutes of March 7, 1994. 5. Inter -City Liaison Committee - Minutes of March 17, 1994. x 6. Underground Utilities Coordinating Committee - Minutes of March 16, 1994. STAFF REPORTS 7. Report from Public Works Department - PRELIMINARY 1994 -95 BUDGET FOR CAPITAL PROJECTS, SPECIAL STUDIES AND CONTRACT MAINTENANCE. Staff to report back again on this item on April 25, 1994. Mayor Turner adjourned the meeting at 3:05 p.m. to Closed Session. The meeting recessed at 5:40 p.m. and reconvened at 7:00 p.m. Gordon Kilmer of the Environmental Quality Citizens Advisory Committee, presented Certificates of Appreciation to three residents of Newport Beach in recognition of their efforts in making the City a more beautiful community. volume 48 - Page 102 COUNCIL MEMBERS �a3, s ROLL CRLL Motion All Aye: i • CITY OF NEWPORT BEACH MINUTES April 11, 1994 INDEX Ord 94 -20 Zoning (94) PCA 795 Ord 94 -21 Zoning (94) PCA 798 City Atty C- 3003(38) (36) CONSENT CALENDAR X The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION Schedule for public hearing on April 23, 1994: S. Removed from the Consent Calendar. 9. Proposed ORDINANCE NO. 94 -20, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLES 19 AND 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REDUCE THE REQUIRED APPEAL PERIOD FOR PLANNING COMMISSION ACTIONS TO LESS THAN 21 DAYS (PLANNING COMMISSION AMENDMENT NO. 795). [Report from Planning Department] 10. Proposed ORDINANCE NO. 94 -21, 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 PROVIDE MORE SPECIFIC WORDING IN THE CODE THAT RESTRICTS ROOF HEIGHTS ABOVE TOP OF CURB ON THE BLUFF SIDE OF OCEAN BOULEVARD IN CORONA DEL MAR (PLANNING COMMISSION AMENDMENT NO. 798). [Report from Planning Department] RESOLUTIONS FOR ADOPTION 11. Removed from the Consent Calendar. CONTRACTS AND AGREEMENTS 12. Removed from the Consent Calendar. 13. Removed from the Consent Calendar. 14. Removed from the Consent Calendar. 15. CITY ATTORNEY EUM71 ENT AGREEMENT - Report from City Manager. 16. CLAIMS - For Denial by the City Manager: Chubb Insurance Company /Kern Industries/Bill Scbauppuer alleging branches fell from City tree on claimant's vehicle causing damage to rear window; paint damage to trunk and roof at 1537 Highland on February 12, 1994. Barton C. Cant alleging City contractors constructing a utility vault in the sidewalk at 449 "M" Street removed eight feet of bricks and claimant had to pay for redoing work not properly done by said contractors. Volume 48 - Page 103 INDEX Ord 94 -20 Zoning (94) PCA 795 Ord 94 -21 Zoning (94) PCA 798 City Atty C- 3003(38) (36) COt�U,NCIL MEMBERS Fs, �;p s- ROLL CALL • CITY OF NEWPORT BEACH April 11, 1994 Northeast Savings, F.A. alleging property damage as a result of vandalism and theft claimant alleges took place while City police officers were at subject pproperty at 25 Montpellier on January 10, 1994. William C. Northrop alleging van towed in error from Via Lido Soud on March 21, 1994, claiming no posting of street repairs and seeking reimbursement of $185. David Wood alleging car towed in error from Via Lido Soud on March 21, 1994, claiming no posting of street repairs and seeking reimbursement of $105. Application to present late claim - James R. Roberts alleging personal injuries as a result of falling through deck of Marina at 3333 W. Coast Highway on April 20, 1993. [Report from City Attorney] 17. PUBLIC HEARING SCHEDULING. April 25, 1994 - Proposed "Statement of Community Development Objectives and Proposed Use of Funds" for the CDBG PROGRAM, 1994 -95 FISCAL YEAR. [Memorandum from Planning Department] 18. PLANNING COMMISSION ACTIONS - Meeting of March 24, 1994. 19. Removed from the Consent Calendar. 20. RETENTION OR REMOVAL OF PARR AND PARKWAY TREES POLICY - Amendment to COUNCIL POLICY G -1 adding "qualified City personnel" to make a determination regarding tree damage to an infrastructure item. [Memorandum from General Services Director] 21. Removed from the Consent Calendar. 22. RESUBDIVISION 988 - Approve a subdivision agreement guaranteeing completion of public improvements required.with approval of Resubdivision No. 988; and approve a subdivision agreement guaranteeing responsibility for 508 of the design and construction costs for a traffic signal at the project driveway and West Coast Highway across from the Balboa Bay Club entrance required with the approval of Resubdivision No. 988. [Report from Public Works Department] 23. VIA MARINA, NEWPORT HILLS DRIVE WEST, KINGS ROAD, HARBOR ISLAND DRIVE, HARBOR ISLAND ROAD AND DE SOLA TERRACE STORM DRAINS (CONTRACT NO. 2914) - Accept the work; City Clerk to file Notice of Completion; and release bonds 35 days after recordation pursuant to applicable portions of the Civil Code. [Report from Public Works Department] 24. Removed from the Consent Calendar. Volume 48 - Page 104 MINUTES INDEX CDBG Fnds FY 1994 -95 (87) Planning (68) Council Policy G -1 (69) (84) (38) 988 Drns CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL S I April 11, 1994 • • • MINUTES 141,1-fl ie Dpr. 3ell Lt/ age Share Ord 25. PACIFIC BELL TELEPHONE COMPANY - Approve Mari application to install a submarine cable Pac from the County Road to "N" and Bay Cabl Streets, subject to conditions in the (51) staff report. [Report from Marine Department] 26. Removed from the Consent Calendar. 27. APPEAL TO DENIAL OF MASSAGE PERMIT BY Perm SALLY NGBEIM - Uphold staff's denial of Mass subject appeal, accept findings of (27) hearing officer, and uphold denial of massage technician permit for Sally Thi Ngheim. [Report from Revenue Manager/Finance Department] 28. BiJDGET AMENDMENTS (40) BA -046, $2,450 - Cost estimate for BALBOA ISLAND SPECIAL REFUSE COLLECTION. [Memorandum from General Services Director] BA -047, $65,000 - Purchase outside labor for vehicle maintenance EQUIPMENT MAINTENANCE DIVISION. [Memorandum from General Services Director] BA -048, $956.82 - Increase revenue estimates and expenditure appropriations for fees collected during SPECIAL EVENTS. ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. S. Report from Public Works Department Fair regarding proposed ORDINANCE, being, Trfc AN ORDINANCE OF THE CITY COUNCIL (26) OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.38 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO FAIR SHARE TRAFFIC CONTRIBUTION ORDINANCE. It was noted that the purpose of the .proposed amendment is to add appeal provisions, to provide a revised land use category and trip generation rate table, and to make wording clarifications. The Public Works Director presented a Supplemental Report on this item noting that in August and November 1992, three building permit applicants paid Fair Share fees under protest and asked to appeal the staff's determination of the fees. The City Council, at that time, asked that an appeal procedure be added to the Ordinance update. It was the staff's intent that these protests be covered by the new appeal procedure. The proposed Ordinance revisions did not specifically mention a procedure for the three applicants to appeal. It is, therefore, recommended that a new Section be added at the end of the Ordinance to apply to Fair Share fees that were paid under pprotest between July 1, 1992 and April 8, 1994. If the Volume 48 - Page 105 141,1-fl ie Dpr. 3ell Lt/ age Share Ord COUNCIL MEMBERS s s- ROLL CRLL r� L J L • CITY OF NEWPORT BEACH April 11, 1994 City Council agrees with this concept, the following Section 2 will be added: "Section 2: Those applicants who have paid Fair Share fees under protest between July 1, 1992 and April 8, 1994 may appeal the payment of those fees under the newly adopted appeal provisions contained in this Ordinance." It was further noted that a new Section 15.38.085, Fee Adjustment, is proposed to provide for an appeal process to be heard by the City Manager if an applicant can show that the traffic generated by the proposed project would generate traffic that differs from that predicted by the standard trip generation rates. If the applicant can provide information that will meet one of three situations and the Public Works Department does not feel an adjustment is warranted, then the City Manager, on appeal, would make the final determination. The Public Works Director also outlined the "housekeeping" changes enumerated in his report. Council Member Hedges questioned the intent of this amendment with regard to the waiver of affordable housing, wherein the Public Works Director commented that when the City Council first considered the Fair Share Ordinance, there was some concern that inclusion of the fair share fees would make it just that much more difficult to provide affordable housing, and therefore, the City Council at that time made that exception. Council Member Watt indicated that there were affordable housing goals to be met at the time this waiver was allowed, and that was one of the reasons for the compromise. In response to question raised by Mayor Turner regarding whether a person has to pay a Fair Share fee if that person moves from one building to a larger building in the same shopping center, City Engineer Don Webb stated that assuming that the use is the same as the general commercial use within the center, and that the buildings are already there and the tenant is just moving from one building to another, and no additional square footage is being added to the shopping center, there would be no additional Fair Share fee. Kevin Priestley, 4521 Cortland Drive, asked if a Fair Share fee is assessed if someone moves from a larger space to a smaller site, to which the Traffic Engineer replied in the negative; however, he stated there has been a problem in the past that has affected people like Mr. Priestley where a tenant has moved from one building to another building, not in an identified center, Volume 48 - Page 106 MINUTES i41kpi3ii Fair Share Trfc Ord COUNCIL MEMBERS • • Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH April 11, 1994 and because of the language in the existing ordinance, the Fair Share responsibility runs with the property and not with the individual business. He stated this was done because the City has very ]Little capability of trying to keep track of Fair Share fees other than by address. Mr. Priestley stated he moved less than one -half a mile from his previous location to a smaller location and was assessed $9,000; however, he does not recall- paying a Fair Share fee at his original location because the Fair Share ordinance was not in effect at that time. The City Engineer pointed out that one of the new provisions in the proposed ordinance is to allow the Traffic Engineer to re- evaluate, in this particular case, one of the appeals and look at the actual traffic generated based on the general office use and make a determination on whether or not the medical office rate is an appropriate rate to use for this new use. If this ordinance is adopted, staff will contact Mr. Presley and provide him with the new appeal procedure. Council Member Hedges suggested the ordinance be modified to reflect that the Fair Share fee rights run with the business providing the business stays within the City, to which the City Manager stated that staff could look into this proposal and report back at a future meeting. Council Member Watt spoke against Council Member Hedges's suggestion, commenting that the "fairness" of the Fair Share Ordinance runs with the property and the trips that come from that property. Following discussion, motion was made by Council Member Hart to introduce Ordinance No. 94 -19 as presented, and revised pursuant to the Supplemental Report, and schedule for public hearing and adoption on April 25, 1994. 12. Report from Utilities Department recommending approval of agreement for deferred sewer lateral improvements 226 VIA GRAZIAMA. Motion was made by Mayor Turner to approve the subject agreement, but that staff first look into the option of loaning the applicant the amount needed for the improvements in order to get this project completed, and then placing a lien on the property in order to assure payment to the City. 11. Memorandum from Assistant City Manager recommending approval of proposed resolution approving a LEGISLATIVE ADVOCACY AGENDA FOR 1994. Volume 48 - Page 107 MINUTES Ord 94 -19 226 Via Graziana C -3002 (38) City Adm/ Legis Adv (35) ROLL CRLL • Motion All Ayes • • COUNCIL MEMBERS X CITY OF NEWPORT BEACH April 11, 1994 Delores Otting, 17 Hillsborough Drive, addressed the Council and received clarification from the Mayor and City Manager as to the purpose and intent of the proposed document which they stated outlines the philosophical position of the City regarding all of the items listed in the resolution, is consistent with past City goals, and enables the City to react quickly to proposed legislative items. It was also pointed out that the City maintains copies of all letters to Sacramento relative to proposed legislation, etc., and those letters are open for public viewing. Hearing no further comments, motion was made by Council Member Sansone to adopt Resolution Mo. 94 -18. 13. Report from Public Works Department recommending approval of contract not to exceed $9,800 for the district with firm of GFB- Friedrich b Associates of Riverside to provide assessment engineering services for proposed UNDERGROUND UTILITIES ASSESSMENT DISTRICT NO. 67; AND appropriate the sum of $15,000 from the General Fund as a loan to continue the district, pay for the Engineer's Report, the Edison and Pac Bell cost estimates, Bond Counsel, and to carry the district through the public hearings; and 14. Report from Public Works Department recommending approval of contract not to exceed $34,000 for the district with the firm of BSI Consultants of Santa Ana to provide assessment engineering services for proposed UNDERGROUND UTILITIES ASSESSMENT DISTRICT NO. 69; AND appropriate the sum of $55,000 from the General Fund as a loan to continue the district; pay for the Engineer's Report, the Edison and Pac Bell cost estimates, Bond Counsel, and to carry the district through the public hearings. A suggestion was made by Mayor Turner to refer the practice of the City advancing engineering funds as seed money for Underground Utility projects to the Underground Utilities Committee for review, in view of the current fiscal situation, with the alternative of the proponents advancing the seed money rather than the City. The Public Works Director indicated that if this requirement is established, it could almost "kill" this program in residential areas and, therefore, he suggested as an alternative to make up for the City's cash flow to include an appropriate rate of interest for the funds that are advanced. Following additional discussion, the Public Works Director indicated this matter would be placed on the Underground Utilities Committee agenda for recommendation and report back to the City Council. Volume 48 - Page 108 MINUTES INDEX Res 94 -18 Undrgr Utl Asmt D#67 (89) Undrgr Utl Asmt D#69 (89) COUNCIL MEMBERS ROLL CRL�L����� \��� • Motion All Ayes 0 CJ X CITY OF NEWPORT BEACH April 11, 1994 Mark Ellsworth (no address given) addressed the Council and stated he owns property within the proposed Underground Utility District No. 67, and that this project has been on and off for the last two to three years. The persons supporting the district cannot come up with much more than 508 of the cost, and when the final dollar figures are determined, he is doubtful the project will be able to proceed. There being no further comments, motion was made by Mayor Turner to approve the recommended action for Items 13 and 14 as listed on the agenda. 19. Report from the Community Services Director recommending approval of proposed PARK DEDICATION COUNCIL POLICY. The City Manager stated that the proposed Park Dedication Policy would require, 1) that the City's Recreation and Open Space Element of the General Plan be reviewed to assure that any expenditure of park in -lieu fees on projects be consistent with that Open Space Element, 2) that annually during the budget process, the collection of the fees would be reviewed and the commitment of these fees to projects, and 3) that the City would permit the expenditure of these park in -lieu fees from any portion of the City on park facilities that are considered community or view parks, and certain neighborhood parks that are identified in the exhibit attached to the staff report. If the Park Dedication Policy is adopted, a fee schedule will be developed by the Planning Department for each subdivision. In keeping with the policy, the schedule will include the location of the subdivision, the service area from the Recreation and Open Space Element, the facilities within the service area, the fees paid, the date the fees were paid or the date the Building Permit was issued for one -half of the subdivision and the date the fees were committed. Council Member Mart recognized members in the audience from the Old Newport Specific Area Plan Committee, as well as residents supporting the Bolsa mini -tot lot, and stated that the proposed policy has been reviewed by many of the homeowners in attendance, and that following public input, she will make a motion on this item. Following discussion with regard to the Park Dedication Fee Schedule, the City Manager noted that the proposed Bolsa Park was included in the 1992 -93 budget using General Fund monies; however, due to the State's budget that same year, 2.8 million dollars had to be cut from the City budget, and unfortunately, Bolas Park was deleted from that budget. The project was looked at again last year using General Fund monies, but it did not meet the required criteria for Volume 48 - Page 109 MINUTES (69) Dedctn COUNCIL MEMBERS ROLL CRLL�s��� • • Motion All Ayes • x CITY OF NEWPORT BEACH April 11, 1994 21. MINUTES funding. However, the project is back Council in the Capital Improvements Program for Policy/ 1994 -95, and he felt the project may now Prk Dedctn be funded with in -lieu park fees rather than from the General Fund. During consideration of the proposed Policy, it was suggested by Council Member Sansone that the City Attorney prepare a clearer definition of neighborhood and community parks. The following persons addressed the Council in support of the proposed Bolas Park: Stacey Wise, 3233 Broad Street, (Presented a chronological background of Bolas Park from 1988 to current) Ross McElfresh, 514 Bolsa Avenue John McLean, 3212 Broad Street Jerry Tucker, President, Old Newport Blvd. Property Owners Group Neal Dofelmier, 3247 Broad Street Sherrie Rooks, 3308 Clay Street Diana Springer, 3300 Clay Street It was indicated by the above speakers that when Bolsa Park is developed, it will not only enhance the area, but provide a much needed park for children, provide a buffer between the commercial and residential area, and contribute significantly to the neighborhood inasmuch as it is the only area in the City that is park deficient. Sid Soffer, 900 Arbor Street, Costa Mesa, owner of property on Old Newport Boulevard, addressed the Council and discussed the purpose and intent of the proposed Park Dedication Policy, and how the in -lieu park fee ordinance was enacted many years ago. In response to comment made by one of the above speakers, the City Manager pointed out that no park dedication fees have ever been used to balance the budget. Hearing no further comments, motion was made by Council Member Hart to approve the concept of the Park Dedication Policy, refer said Policy to the Parks, Beaches and Recreation Commission for review and return for final City Council approval; that the City Attorney provide a clearer definition of neighborhood and community parks as suggested by Council Member Sansone; and that staff initiate and bring back to the City Council in a timely manner a proposed General Plan amendment for the development of Bolsa Park for budget review. Report from the City Attorney regarding Balboa Bay proposed legislation regarding the Clb /Trc Apt BAT OA RAY CLUB/TERRACE APARTMENTS. C -519 (38) Volume 48 - Page 110 COUNCIL MEMBERS 0A ROLL 0 • • CITY OF NEWPORT BEACH MINUTES April 11, 1994 INDEX The City Manager advised that he had Balboa Bay removed this item from the Consent Clb /Trc Apt Calendar to recommend it be continued to April 25, 1994 inasmuch as the staff is still waiting word from the State Lands Commission regarding the proposed legislation. Stuart Williams, 1748 Bayport Way, addressed the Council and read a prepared statement regarding the Balboa Bay Club property and how it was donated to the City by James Irvine many years ago. He stated that in his opinion, the City should not allow any expansion or improvements to the Terrace Apartments, but rather reclaim "rightful heritaga" to this prime piece of property so that it can be used to the benefit of all residents of Newport Beach. If this cannot occur, he suggested the City require that the Balboa Bay Club offer full membership, including all rights and privileges to the Club, to every resident of Newport Beach either on a gratis basis or for a token fee. The City Attorney pointed out that he has reviewed the conveyances from James Irvine to the City, and could find no restrictions on those documents. The proposed legislation is designed to solve only one problem that arose just before the renegotiation of the Bay Club /City lease in 1986. It was the contention of the State Lands Commission that the entire Bay Club parcel consisted of Tidelands, but before that time, both the State Lands Commission, City and staff assumed that the parcel was part Uplands and part Tidelands. The State Lands Commission staff has taken a position that the Terrace Apartments is an improper use of Tidelands and in the 1986 City /Bay Club lease extension, there is a provision that requires the use of the Terrace Apartments to be made consistent with the Tideland Trust either through legislation, litigation or a boundary agreement. The proposed legislation would not require the Terrace Apartments to remain, but would authorize the apartment complex to remain if City Council determined that was appropriate. Also, the revenue derived from the Terrace Apartments site would continue to the Tidelands fund. It was noted that the Bay Club /City lease brings in approximately $850,000 in revenue annually. Council Member Watt indicated she had some problems with the proposed legislation, and stated that speaking to the Terrace Apartments and not the Club itself, she does not feel the apartments are what is termed the "highest and best use" for that piece of property as Tidelands. However, she realizes there is a lot of economic considerations at the moment, at least in the short -term, Volume 48 - Page 111 COUNCIL MEMBERS ROLL • Motion All Ayes Motion • X CITY OF NEWPORT BEACH Ayes Noes I x I x I x I x I X I X I X April 11, 1994 that makes it virtually impossible to do anything about it because of the lease, etc. She would like to make sure that the legislation does not.preclude the City from making that particular piece of property more public with some lesser type of use. She stated she has developed some proposed language for consideration by the Council when this comes back in two weeks, and indicated she will forward it to the City Manager and City Attorney for their review. Motion was made by Mayor Turner to continue this item for two weeks, pending some type of response from the State Lands Commission in the interim. 24. Memorandum from Public Works Department recommending approval for plans and specifications; and City Clerk to advertise for bids to be opened at 11:00 a.m., April 28, 1994 for CITY HALL WINDOW REPLACEMENT (CONTRACT NO. 2996). Motion was made by Mayor Turner to postpone this item to the 1995 -96 Budget. Mayor Turner stated that inasmuch as the window replacements are estimated at $100,000, he felt this project could be held over another year. Council Members Hart and Debay indicated they disagreed with Mayor Turner, stating they had seen the poor condition of the windows and felt that replacement was needed immediately. The City Manager pointed out that the City needs to maintain its infrastructure and that the windows are corroding„ leaking, and difficult to open. He also stated that the General Services Department has estimated the window replacement at approximately $60,000. The motion to postpone until the 1995 -96 Fiscal Year was voted on and carried. 26. Report from the Revenue Manager, Finance Department: concerning SPECIAL EVENTS APPLICATIONS, recommending approval of the following applications, subject to conditions in the staff report: Application No. 94 -084 - Use of outdoor amplified sound in a residential area April 16, 1994 from 4:00 p.m. - 9:00 p.m. at 5009 Seashore Drive. Application No. 94 -001 - In -line skating event July 31, 1994 from 11:00 a.m. - 4:00 p.m., at B- Street parking lot and portion of Peninsula Park. Volume 48 - Page 112 MINUTES lboa Bay b /Trc Ap: City Hall Window Rpl._ (38) Special Events (27) Apl #94 -084 Apl#94 -001 COUNCIL MEMBERS ROLL CRLL Motion All Ayes Motion All Ayes • Motion Ayes Abstainer CITY OF NEWPORT BEACH MINUTES April 11, 1994 INDEX Undrgr Utl, Asmt D#69 Ord 94 -17 Zoning (94) PCA 793 Council Member Hedges referenced Application No. 94 -001, and stated that given the problems the City has had with In -line skaters on the boardwalk, he would urge the applicant to find another location for this event. Council Member Debay stated that she has talked with various groups who want to come into the City and put on certain events, and indicated that inasmuch as the City is looking to bring more recreational users to the area to help patronize the local businesses, she would hope that some of these events can be approved, providing they do abide by City regulations. She also stated she had no objection to Application No. 94- 084. x In view of the foregoing, motion was made by Council Member Hedges to defer Application No. 94 -001 to April 25, 1994 so that the applicant can meet with the homeowner association in the area as well as the business community for their input, and /or look for another location for this event; and to approve Application No. 94 -084 as requested. x 14. Council Member Hedges indicated he did not realize the City Council combined Consent Calendar Item No. 13 with No. 14 in earlier action and, therefore, moved to reconsider Agenda Item No. 14 at this time so that he can abstain from voting on this item due to a conflict of interest. x Motion was made by Mayor Turner to x x x x x x approve the recommended action for x Agenda Item No. 14. PUBLIC HEARINGS 29. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 94 -17, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE REVISING THE SPECIALTY FOOD SERVICE PROVISIONS SO AS TO INCREASE THE ALLOWABLE GROSS FLOOR AREA FOR SUCH USES, REMOVE THE MANDATORY OFF- STREET PARKING REQUIREMENT WHEN SUCH USES ARE LOCATED ON PROPERTY THAT IS NONCONFORMING RELATIVE TO THE COMMERCIAL OFF- STREET PARKING REQUIREMENT, INCREASE THE NUMBER OF ALLOWABLE SEATS, REMOVE THE REQUIREMENT FOR MODIFICATIONS COMMITTEE APPROVAL OF SPECIALTY FOOD SERVICES, AND ESTABLISH AN ADMINISTRATIVE PROCEDURE FOR SPECIALTY FOOD SERVICES (PLANNING COMMISSION AMENDMENT N0. 793). Report from Planning Department. Volume 48 - Page 113 INDEX Undrgr Utl, Asmt D#69 Ord 94 -17 Zoning (94) PCA 793 COUNCIL MEMBERS CITY OF NEWPORT BEACH April 11, 1994 MINUTES INDEX It was noted in the staff report that Specialty this item is a result of the initial Food Sry findings and recommendations of the Economic Development Committee and is an amendment to the existing Specialty Food Restaurant regulations which consists of: 1) increases the allowable gross floor area for such uses; 2) removes the mandatory off- street parking requirement when such uses are located on property that is nonconforming relative to the commercial off - street parking requirement; 3) increases the number of allowable seats; 4) removes the requirement for Modifications Committee approval of Specialty Food Services; and 5) establishes an administrative permit procedure for Specialty Food Services. Staff also proposes that the suggested filing fee be reduced from the current fee of $280.00 for a modification application to $50.00 for a specialty food service permit. If the applicant appeals the decision of the Planning Director, or the designated staff member to the Planning Commission, a fee of $375.00 is recommended. An additional fee of $375.00 is suggested if the specialty food permit is appealed to the City Council. The appeal fees are consistent with the fees required for amateur radio antenna and satellite dish antenna Hermits if appealed to the Planning Commission or the City Council. Rush Hill, Chairman of the Economic • Development Committee, addressed the Council and stated that among their committee responsibilities is the importance of identifying the unnecessary bureaucratic red tape in the City that is a detriment to doing business here. This particular item is an attempt to resolve one of those issues that was identified to consume staff time and paper work which uses up limited resources, and is an unnecessary cost to business, etc. and ultimately a loss of revenue to the City. This item was first identified by the Planning Department staff and brought to the Economic Development Committee for review and was approved unanimously. It is now recommended for approval by the City Council. He stated that the only issue that has surfaced on this is the subject of notification and when that was reviewed, it was determined that in reality the utilization of 3,000 sq. ft. or less of retail space did not or has not caused a significant problem. The Committee felt the staff should have the ability to deal with this issue administratively and do not wish to add any unnecessary restrictions. Mayor Pro Tem Watt stated that she was opposed to deleting the public noticing process as recommended, and therefore, will not be supporting the proposed amendment. Volume 48 - Page 114 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL Motion x Ayes x x x x x x Noes x • • • April 11, 1994 Motion was made by Council Member Cos to adopt Ordinance No. 94 -17; and Resolution No. 94 -19 providing fees for the proposed specialty food service application and an appeal to the Planning Commission or the City Council for such application. 30. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 94 -18, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF THE MARINERS MILE SPECIFIC AREA PLAN (CHAPTER 20.62 OF THE NEWPORT BEACH MUNICIPAL CODE) RELATING TO PARCELS ON THE NORTHERLY SIDE OF WEST COAST HIGHWAY SO AS TO ALLOW THE PLANNING COMMISSION OR CITY COUNCIL TO WAIVE A PORTION OF THE OFF - STREET PARKING REQUIREMENT IF CERTAIN CRITERIA ARE MET, AND MODIFY THE FINDINGS REQUIRHD TO APPROVE STRUCTURES EXCEEDING THE BASIC 26 -FOOT HEIGHT I T UP TO 35 FEET (PLANNING COMMISSION AMENDMENT NO. 796). Report from Planning Department. The City Clerk advised that after the agenda was printed, a letter was received from Leonard Horwin, Attorney for Horwin Gordon Properties, suggesting a change in language in the proposed Ordinance. It was pointed out in the staff report that the proposed amendment would revise portions of the Mariners Mile Specific Area Plan relating to parcels on the northerly side of West Coast Highway so as to allow the Planning Commission or City Council to waive a portion of the off - street parking requirement if certain criteria is met, and modify the findings required to approve structures exceeding the basic 26 -foot height limit up to 35 feet. This proposal is intended to address problems that could result from the recently- adopted floor area transfer provisions applicable to those properties subject to the 12 -foot right -of -way setback on the inland side of West Coast Highway. The proposed Ordinance as amended and reintroduced by the City Council on March 28, 1994, eliminates the requirement to consider public views and open space and substitutes the findings for those properties on the inland side of the highway if the increased height is necessary to construct the additional square footage now allowed for those properties under the Specific Area Plan. Reference was also made to proposed revised language submitted by the City Attorney, as well as the Planning Director relative to Section 20.62.050 - Height Limits. Volume 48 - Page 115 MINUTES Res 94 -19 Ord 94 -18 Zoning (94) PCA 796 COUNCIL MEMBERS ROLL CRLL�� R �o�\ • CITY OF NEWPORT BEACH MINUTES April 11, 1994 During discussion, Council Member Hart Mariners commented that there is no conflict Mile /SAP regarding_ the proposed amendment between the residents "on the hill" and the Mariners Mile business group except for preservation of public views and visual open space areas. Council Member Hedges clarified for those not familiar with this issue the proposed amendment relating to height limit, and cited the language as enumerated in the proposed Ordinance. He noted that in all cases, a conditional use permit process is required, which includes a public hearing by the Planning Commission, and would be subject to call -up by the City Council. Council Member Hart stated that the language Council Member Hedges was quoting was from the Mariners Mile Specific Area Plan, except for the new wording that was added on March 28, 1994 which states: ..or for those properties abutting West Coast Highway that the increased building height is necessary to construct the additional floor area authorized by Section 20.62.030(B)(5)." She expressed her opposition to the word "or," and stated she felt that if views no longer have to be considered, then this is not consistent with the General Plan or consistent with the Mariners Mile Specific Area Plan or any other plan around the bay that needs protection. Mayor Turner indicated that consideration should also be given to the sentence following the above wording which states: "Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and on the treatment of all setback and open areas," because this all comes out in the site plan review process. Council Member Hart stated she still felt that if the word "or" is left in Section D.4, "the City loses all discretion over the views and someone could go to 40 ft." The following persons addressed the Council: Sid Soffer, 900 Arbor Street, discussed the price and value of land in Newport Beach: the closing of restaurants on the Peninsula, and public views. Irwin Schatzman, representing property owner at 2949 Cliff Drive, stated that his client is opposed to any change that would permit or otherwise encourage structures to be built up to a height that would impede or block current public views. Volume 48 - Page 116 COUNCIL MEMBERS ROLL CRLL��yIT • • • CITY OF NEWPORT BEACH April 11, 1994 Ernie Liske, 502 32nd Street, stated he felt the proposed Ordinance as presently written reflects a compromise made with the property owners in the area; contains the necessary safeguards; and requested it be approved. In response to questions raised by Council Member Hart, he stated he felt the proposed Ordinance "serves the purpose." Steven Sutherland, representing Mariners Mile Association, stated that the intent of this amendment is to help facilitate property owners ability on the 12 ft. setback properties to utilize the transfer of building rights from that 12 ft. setback area and he felt the proposed amendment accomplishes this. He was informed by the Public Works Department that the distance from the top of curb on PCH to top of curb at both Cliff Drive and Ensign View Parks is a 64 foot difference in elevation. The issue with these inland side of the highway properties blocking views, is really not an issue inasmuch as the views are governed by what happens on the bay side of the specific area. He submitted photographs taken from the two parks, showing the structures on both inland and bay side of Coast Highway, and urged approval of the amendment as presented. In response to question raised by Council Member Debay, Mr. Sutherland stated that vacancies are approximately 20% between Rocky Point and Newport Boulevard on the inland side of the highway; however, between Rocky Point and Dover, it increases to approximately 708. Grant Reynolds, 1301 Kings Road, requested this item be deferred for two weeks so that the Cliff Haven homeowners can study what impact, if any, it will have on their properties. Marion Rayl, 426 San Bernardino Avenue, stated she has met with members of the City staff regarding the proposed amendment, and felt that many of the property owners can live with the proposed changes; however, they now understand that protection of public views from the view parks are going to be made discretionary rather than mandatory, which they are very concerned about. Therefore, they are asking that the language remain the same as in the Specific Area Plan at present. Brion Jeanette, Architect, stated that after reviewing the proposed amendment, he felt there is a lack of security for protection of public views from the view parks; however, he does agree with the revised language suggested by the Planning Director as he felt it "competently handles the blending of all the issues." Volume 48 - Page 117 MINUTES M111 *3 CITY OF NEWPORT BEACH COUNCIL MEMBERS �gs���lj, ROLL CfiLL ° °�� April 11, 1994 MINUTES .fiTi*7 Dickson Shafer, 232 Evening Canyon Road, Mariners owner of property at 2510 -2530 Pacific Mile /SAP Coast Highway, spoke in support of the proposed amendment as presently written. Bob Newberry, 6 Park Place, stated he opposes the language in the proposed Ordinance as currently stated and . suggested this hearing be continued for two weeks for further study and review. He also felt that if the City wants to compensate commercial owners for taking an easement, evaluate what has been lost and compensate that individual, but don't take something from other private owners. Fran Fagan, 3000 Cliff Drive, stated she was against the proposed amendment as she felt it was very subjective. She also felt there should have been more adequate notice to the residents of Newport Heights. Nancy Chocek, 233 Santa Ana Avenue, suggested this item be continued so that the residents in the area can get together and study this further in order to be better informed. Sandra Ayers, 2800 Cliff Drive, stated she resides across from Cliff Drive Park, which is enjoyed by many, and would not like to lose the public views from that site and, therefore, suggested • the City Council review the revised language as proposed by the City Attorney and Planning Director. Dana Anderson, 340 Catalina Drive, discussed the importance of views from the bluffs to Coast Highway as well as from the highway to Newport Heights. Keith Hosfiel, 1300 Kings Road, discussed the preservation of views, and questioned if the proposed amendment could set a precedent on 40 ft. height limits. C.G. Reynolds, 1301 Kings Road, urged the existing height limit remain the same or he felt it will only cause problems In the future. Ann Kent, 2816 Cliff Drive, discussed the 12 ft. dedication on PCH, and the parking requirements for this area. Arthur Delaloza, 220 Kings Place, suggested this item be continued for two weeks so that the City Attorney can eliminate the language from the proposed amendment relative to view corridors, which will then guarantee the residents of view corridors, and in this way no • one has to worry about coming before the City Council every time there is question on a new building in the Mariners Haile area. Hearing no others wishing to address the Council, the public hearing was closed. Volume 48 - Page 118 COUNCIL MEMBERS CR \�V 0K, cow\ CITY OF NEWPORT BEACH MINUTES April 11, 1994 Mayor Pro Tam Watt indicated she was not in support of the proposed amendment with the word "or" in Section D.4 in place of the word "and;" however, she was in favor of considering the revised language prepared by the City Attorney • or the Planning Director. At the request of Mayor Turner, Mayor Pro Tem Watt read into the record the revised language as prepared by the Planning Director: "Section 20.62 -050 Retail and Service Commercial - RSC (Inland side of Coast Highway) "D. HEIGHT LIMIT. The maximum height limit for all buildings and other structures on a building site shall be 26 feet. However, this height limit may be exceeded, up to a maximum of 35 feet, with a use permit providing that the Planning Commission, in granting such use permit, finds that all of the following criteria are met: "1. The increased building height would result in more public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the • structure on the lot, the percentage of ground coverage, and on the treatment of all setback and open areas. "2. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area, within a general theme of the marine environment. "3. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. "4. The increased height shall in no case result in a floor area exceeding the floor area permitted by Section 20.62.030, or for those properties abutting West Coast Highway that the increased building height is necessary to construct the additional floor area authorized by Section 20.62.030(B)(5)." Volume 48 - Page 119 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL April 11, 1994 MINUTES INDEX Magor Turner read into the record the Mariners revised language prepared by the City Mile /SAP Attorney: "Section 20.62.050 Retail and Service Commercial RSC (Inland Side of Coast Highway) "D. HEIGHT LIMIT. The basic height limit for all buildings and structures shall be 26 feet. However, the Planning Commission, or City Council on review or appeal, may grant a use permit to exceed the basic height limit provided no portion of the structure exceeds 35 feet, and the Planning Commission or City Council finds that all of the following criteria are satisfied: "1. Those portions of the structure which exceed the basic height limit do not significantly reduce bay or bay corridor views from Cliff Drive, or any existing public view site (flat top of the park and benches on the slope) in Cliff Drive Park or Ensign View Park. This finding shall be based upon a photographic analysis of the view impact of that portion of the structure that exceeds 26 feet. "2. The building or structure, as proposed, is more attractive and architecturally distinctive than a structure conforming with the basic height limit. "3. For those properties abutting West Coast Highway, that the additional height above the basic limit, will facilitate all, or a portion of, the additional floor area authorised by Section 20.62.030(B)(5). "4. The increased height shall in no case result in a floor area exceeding the floor area permitted by Section 20.62.030." Motion x Following discussion, motion was made to defer action on the proposed ordinance to April 25, 1994 so that those residents and business owners interested in this matter will have an opporttmity to study the revised language prepared by the City Attorney. Council Member Hedges stated he would like to resolve this issue at this time, but if that cannot occur, he suggested that an Item No. 5 be added to the City Attorney's proposed language which would read as follows: Volume 48 - Page 120 CITY OF NEWPORT BEACH COUNCIL MEMBERS s�. ROLL C LL April 11, 1994 MINUTES 1(11118:1 "In all cases, those properties affected by Section 20.62.030(B)(5) will be allowed to build the permitted maximum floor area. Consideration shall also be given to a reduction in landscape and parking requirements." trees Council Member Hart stated she had no objection to including the additional No. 5 in her motion, and therefore, the motion -was voted on and carried. PUBLIC COMMENTS 1. Dr. Harold S. Jasper, 1218 Sand Key, Co- Chairman of Newport Taxpayers Alliance, submitted and read into the record a prepared statement describing how the City can increase its income from City - owned real property by up to $8,000,000 - $10,000,000 each year, and requested the City Council respond to their recommendations. 2. Sid Soffer, 900 Arbor Street, Costa Mesa, discussed negative cash flow, and referencing the previous public hearing, he stated that the words "or" and "and" in many cases are equal and interchangeable. 3. Jerry Cobb, 6304 W. Ocean Front, stated that he and his wife are moving to northern California and he wanted to say good bye, and thank you to City Council and staff for their support on the various committees he was a member, and also for their friendship throughout the past 30 years. CONTINUED BUSINESS 31. Memorandum from Planning Department Pacific regarding creating the COUNCIL/CITIZENS View Mem AD HOC COMMITTHg - PACIFIC VIEW MEMORIAL Prk /Ad Ho, PARK. Committee Don Olson, 9 Monterey Circle, suggested (24) the City Council amend the subject Resolution so that there can be two (2) members from Spyglass Hills rather than just one representative and one alternate. Council Member Cox clarified for Mr. Olson the duties and responsibilities of the committee members, and stated it is hopeful they can accomplish their tasks in 60 days. A tentative date of April 21 at 7:30 a.m. is scheduled for the first meeting. Dave March, 1 Twin Lakes Circle, supported the comments of Mr. Olson regarding the need for an additional member from Spyglass Hills. 40t x In view of the foregoing, motion was 111 Ayes made by Mayor Turner to adopt Resolution Res 94 -2C No. 94 -20, as amended, creating subject ad hoc committee; appoint Council Member Cox and Mayor Pro Tem Watt, and confirm appointments of: Volume 48 - Page 121 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL April 11, 1994 • Motion • • MINUTES Q 160 L994 -95 3udget (40) Spyglass Hill Community Association Karl Wolf, Representative Paul Hitzelberger, Alternate Don Olson, Representative Dave March, Alternate Spyglass Ridge Community Association H. Ross Miller, Representative Ard Roshan, Alternate Broadmoor Sea View Homeowners Association Bill Fischbach, Representative Phil Hamilton, Alternate Pacific View Memorial Park Steve Schacht, Representative Daniel E. Corey, Representative Robert H. Levonian, Representative Bob March, Alternate CURRENT BUSINESS 32. Report from City Manager concerning the 1994 -95 BUDGET AND APPROVAL OF PERSONNEL REDUCTIONS. X The City Manager gave an update on the status of the 1994 -95 budget preparation, and following his presentation, motion was made to by Council Member Cox to approve the personnel reductions contained in the subject report, effective May 1, 1994. Council Member Sansone stated he would like to make a substitute motion, but he did not think he had the votes to carry it, however, the motion would have been to rescind the management salary increases given in January and April, and to instruct the negotiating team to go back to the associations and ask for reconsideration of those salary increases because of the critical financial situation of the City. Council Member Sansone stated that the taxpayers in this City are not at all receptive to the $3 million spent for recent salary increases, and that our employees must recognize that they are employees of the taxpayers of this City. Council Member Hedges stated it is not only Federal and State Mandates that are hurting the financial situation in cities within California, but the State itself is not taking care of its own budget shortfall which impacts every city. He also concurs with many of the comments made by Council Member Sansone. Volume 48 - Page 122 Q 160 L994 -95 3udget (40) CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL April 11, 1994 • Motion Ayes Noes Ayes Noes Motion All Ayes • MINUTES INDEX nsurance/ blc Liab 47) Delores Otting, 17 Hillsborough, discussed the recent employee salary increases and indicated that maybe those raises should have been spread over a two year period. She also discussed the possibility of less frequent street sweeping in order to save money, and questioned the cost of liability insurance for the City's two helicopters. x Substitute motion was made by Council x x Member Hedges to approve the personnel x x x x x reductions contained in the staff report, and to direct the City Manager to review management compensation as well as prepare a proposal for review of association compensation to balance the budget, which motion FAILED. x x x x x x The original motion may by Council x Member Cox was voted on and carried. 33. Proposed resolution to renew coverage ] for PUBLIC LTABILITY INSURANCE. x Motion was made to defer action on this item to April 25, 1994, for additional Information as recommended by staff. Meeting adjourned at 11:25 p.m. tttr *tr* *watt * * *it The agenda for this meeting was posted on April 6, 1994 at 4:30 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayo ATTEST: City Clark 4 SEW PO,QA �t volume 48 - Page 123 INDEX nsurance/ blc Liab 47)