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HomeMy WebLinkAbout08/26/1996 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 26, 1996 - 7:00 p.m. INDEX •CLOSED SESSION -5:00,,,m. [Canceled] CLOSED SESSION REPORT PRESENTED (Not applicable) CONVENED AT 7:00 P.M. ROLL CALL Present: O'Neil, Edwards, Debay, Glover, Watt and Mayor Hedges Absent: Cox (excused) Pledge of Allegiance - Council Member O'Neil. Invocation by Reverend Darrell Ford, Saint James Episcopal Church. Motion by Mayor Pro Tem Debay to waive reading of the minutes of the Regular Meeting of August 12, 1996, approve as written and order filed. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Glover, Watt, Mayor Hedges Noes: None Absent: Cox Abstain: None •Motion by Mayor Pro Tern Debay to waive reading of the minutes of the Special meeting of August 15, 1996, approve as written and order filed. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Glover, Watt, Mayor Hedges Noes: None Absent: Cox Abstain: None Motion by Mayor Pro Tern Debay to waive reading of Ordinances and Resolutions under consideration, and directed the City Clerk to read by titles only. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Glover, Watt, Mayor Hedges Noes: None Absent: Cox Abstain: None MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NO Council Member Watt requested a report from staff on ways to effect legislation to place some requirements on aerial banners. . Council Member O'Neil suggested that Congressman Cox be asked to assist with legislation that would require that the airplanes turn-out over the ocean rather than land. Volume 50 - Page 264 City of Newport Beach City Council Minutes August 26, 1996 Council Member Glover requested a report from the City Manager on September 9, 1996 regarding the Council of Governments (COG) that was recently formed and approved by Council. She voiced concern about the impact this agency will have on Newport Beach. • • Based on complaints about the increased speed of traffic on Balboa Boulevard subsequent to the speed limit being changed to 30 mph to allow radar enforcement, Mayor Pro Tern Debay requested that traffic counters and speed recorders be installed and the results be brought to Council on September 23, 1996. Council Member O'Neil explained that the San Joaquin Hills Corridor last reach up to MacArthur from Laguna Beach is scheduled to open as early as mid- November and the extension of Newport Coast Road won't be complete until after the first of the year. He stated that this will cause a situation where the corridor will be open and the toll booth will be collecting tolls, however there won't be a bypass around the toll booth for perhaps several months. He voiced concerns that this may cause increased congestion through Corona del Mar, especially since the MacArthur Boulevard widening project will still be under construction. He requested that the Public Works Department look at a contingency plan and prepare for producing traffic counts in order to get a handle on what kind of traffic will be using Pacific Coast Highway or Newport Coast Drive. He asked that staff report back within the next month. •CONSENT CALENDAR ORDINANCES FOR IN 1. INTRODUCE ORDINANCE NO. 96 -34 AMENDING SECTION 11.04.020 OF THE NBMC TO ADD PARAGRAPH G (INADVERTENTLY OMITTED WHEN AMENDED ON APRIL 8, 1996) TO PROHIBIT THE USE OF ROLLERBLADES, ROLLERSKATES OR SKATEBOARDS ON ANY PUBLIC TENNIS COURT. Introduce ordinance and pass to second reading on 9/9/96. 2. Removed from Consent Calendar. ORDINANCES FOR ADOPTION 3. ADOPT ORDINANCE NO. 96 -29 AMENDING SECTION 7.04.030(A) OF THE NBMC PERTAINING TO ANIMALS PROHIBITED ON PUBLIC BEACHES. 4. ADOPT ORDINANCE NO. 96-30 ADDING CHAPTER 1.06 TO THE NBMC REGARDING CLAIMS AND DEMANDS AGAINST THE CITY OF NEWPORT BEACH FOR ACTIONS NOT COVERED BY THE CALIFORNIA GOVERNMENT TORT CLAIMS ACT. 5. ADOPT ORDINANCE NO. 96-31 AMENDING SECTION 12.40.055(E) • OF THE NBMC REGARDING PARKING OF CERTAIN VEHICLES IN RESIDENTIAL DISTRICTS (Adds Specific Plan Districts). 6. ADOPT ORDINANCE NO. 96 -32 AMENDING SECTION 12.68.060 OF THE NBMC TO ESTABLISH A RESIDENTIAL PARKING PERMIT PROGRAM FOR PORTIONS OF NEWPORT HEIGHTS AND CLIFF Volume 50 - Page 265 INDEX Ord 96.34 Parks, Rollerblades (62) Ord 96.29 Animals (62/70) Ord 96 -30 General (36) Ord 96.31 Vehicles (85) Ord 96 -32 Vehicles/ Traffic City of Newport Beach City Council Minutes August 26, 1996 HAVEN (Extends the Limits of the Two Hour Time Limit and Residential Parking Permit Program 400 Feet Along the North Side of Holly Lane). RESOLUTIONS FOR ADOPTION • 7. ADOPT RESOLUTION NO. 96-66 OPPOSING PROPOSITION 211, THE FRIVOLOUS SECURITIES LITIGATION INITIATIVE (Requested by Mayor Hedges). 8. ADOPT RESOLUTION NO. 96-67 OPPOSING ANY EXTENSION OF THE PUBLIC COMMENT PERIOD ON THE ENVIRONMENTAL IMPACT REPORT FOR THE EL TORO MARINE BASE RE -USE PLAN (Requested by Council Member Edwards). CONTRACTS AND AGREEMENTS 9. UPPER NEWPORT BAY UNIT III PROJECT - AGREEMENT FOR CITY OF NEWPORT BEACH AND COUNTY OF ORANGE TO SERVE AS CO -LEAD AGENCIES AND TO TRANSFER ADMINISTRATION FOR PROJECT PREPARATION WORK FROM CITY OF NEWPORT BEACH TO ORANGE COUNTY HARBORS, BEACHES AND PARKS (contd. from 8/12196). Approve the Agreement with the County of Orange and The Irvine Company to transfer administration for project preparation work to the County of Orange and for the City and County to serve as co- lead agencies for the Upper Newport Bay Unit II:I project and authorize the Mayor and City Clerk to execute the Agreement. 10. AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS • FOR GEOTECHNICAL, ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE 16TH STREET RESERVOIR AND PUMP STATION AS A PART OF THE GROUNDWATER DEVELOPMENT PROJECT. Authorize the Mayor and City Clerk to execute amendments to the original Professional Services Agreements on behalf of the City with Converse Consultants Orange County (C-3004 -A); Carollo Engineers (C- 3004 -P); and Daniel Boyle Engineers, Inc. (C- 2961 -C). MISCELLANEOUS ACTIONS 11. CONSTRUCTION OF CURB, GUTTER AND ROADWAY ON LA JOLLA DRIVE FROM CLIFF DRIVE TO 300' SOUTH OF CLIFF DRIVE. Direct staff to use the procedure of Chapter 27 of the Municipal Improvement Act of 1911 to complete construction of curb, gutter, and roadway on La Jolla Drive from Cliff Drive to 3W south of Cliff Drive, and set a public hearing for 7:00 p.m. on September 9, 1996 to hear protests from anyone who does not desire these improvements. 12. PLANNING COMMISSION AGENDAS -August 22, 1996 (Adjourned meeting from August 8 and Regular meeting of August 22, 1996). Item #2 - Avant -Garde Ballroom Use Permit No. 3583 removed from Consent Calendar. 13. STATISTICAL SUMMARY OF NEW RESIDENTIAL DEVELOPMENT IN THE CITY OF NEWPORT BEACH AND THE SPHERE-OF- INFLUENCE (Requested by Council Member Glover). Receive and file. Motion by Mayor Pro Tem Debav to approve the Consent Calendar, except for those items removed (2, 12 ( #2 only), and 14). The motion carried by the following roll call vote: Volume 50 - Page 266 1100040 (85) Res 96 -66 Legislation (48) Res 96 -67 Legislation (48) Upper Newport Bay Unit III/ Orange County C- 2987(G) (38) Groundwater Dev Project 16th St reservoir & pump station C- 3004 -A C- 3004 -P C- 2961 -C (38) PW/Permit LaJolla Dr (65) Ma (68) City of Newport Beach City Council Minutes August 26, 1996 Ayes: O'Neil, Noes: None Absent: Cox Abstain: None Hedges ITEMS REMOVED FROM THE CONSENT CALENDAR 41 2. INTRODUCE ORDINANCE NO. 96-35 AMENDING THE REPORT OF RESIDENTIAL BUILDING RECORDS ORDINANCE (CURRENTLY CHAPTER 20.03), AND RECODIFYING IT AS CHAPTER 15.15; AND ADOPT RESOLUTION NO. 96-67 EXPRESSING THE COUNCIL'S INTENTION TO REPEAL THE PROVISIONS OF CHAPTER 20.03 AND DIRECTING THE PLANNING COMMISSION TO CONDUCT A PUBLIC HEARING ON THE REPEAL AND FILE A REPORT OF THEIR FINDINGS TO THE CITY COUNCIL. Mayor Pro Tern Debay explained that this issue deals with when a property is sold and the City code inspection officer inspects the property to determine that everything is legal as far as code, there are no illegal units, and the buyer is getting what he thinks he's getting as far as the City is concerned. She said that previously Mayor Hedges raised a question as to whether or not the City could require a mandatory inspection on properties without the seller's consent and the City Attorney has researched that issue. She said that based on a case in Pasadena, the City Attorney has advised that the provisions of the ordinance that require a mandatory inspection perhaps would not stand up in court, so the ordinance has been amended. The ordinance is written so that it will offer protection to the seller since things may have been done to the house prior to him owning it that he isn't aware of; protection to the buyer coming into town not knowing • what the City codes are, buying a property, and finding out too late that perhaps there is something that isn't up to code; protection for the City in a liability issue if something goes wrong with the house and it catches on fire because the wiring isn't up to code; and protection for the agent or agents that are dealing with the sale of the property because they are not trained as building inspectors and cannot walk through a house and determine if everything is up to code. Assistant City Attorney Clauson explained that the proposed changes to the RBR ordinance would delete the requirement for an inspection without the owner's consent and it would modify other provisions to be consistent with the current practice used by the code enforcement officers. She explained that if an owner refuses to consent to an inspection, the City cannot force a search without obtaining an administrative search warrant. In summary, she explained that the owner of a residential building will be required to indicate on the RBR application whether he /she consents to the inspection of the property and if the owner doesn't consent, the refusal to consent must be indicated on the application. She said the RBR report must be delivered to the buyer before the agreement of sale is completed and a copy of the completed report with acknowledgment by the buyers that they have received the report must be filed with the City within thirty (30) days of completion of the transaction. She explained that, as noted by Mayor Pro Tem Debay, some concerns have been raised regarding these procedures. For example, one of the concerns • raised was that without more restrictions, an owner might be able to wait until just before the close of escrow to present that refusal or the information about the refusal to the buyer, therefore some text changes to alleviate that concern are being recommended. She said that Council may want to consider continuing this item if other issues are raised that have not been addressed. She distributed a hand -out to Council with some Volume 50 - Page 267 _F INDEX Ord 96 -35 Building (26) City of Newport Beach City Council Minutes August 26, 1996 1 \l1 B►. additional proposed amendments and summarized them as follows. Under the requirement that a report is required, the proposed language would read, "The owner of any residential building shall obtain from the City a Report of Residential Building Records prior to completion of an Agreement of Sale transaction." In order to make sure that the information on the • consent to the inspection occurs in a timely fashion, the following provision has been added, "The owner shall file an application for such a report not later than three (3) days after entering into an Agreement for Sale." Under the application, she said she added the word "completed" application to make sure that the City obtains a full completed form before the thirty (30) days starting running. Under the section for delivery of the report, the following language was added to deal with what happens if the owner refuses an inspection. The language would read, "If the owner refuses to consent to an inspection, a copy of the application noting such refusal shall be delivered by the Owner to the other parties or party to the agreement within three (3) days of filing the application with the City." This provision would provide notification to the buyer about six days before entering into the agreement. She said the following language was also added, "The other party or parties to the Agreement of Sale shall execute the Acknowledgment of Receipt on the Report of Residential Records which shall be filed with the City prior to completion of the transaction." Mayor Pro Tern Debay reported that it was recently brought to her attention that there are eight illegal units on one of the numbered streets in West Newport, therefore she questioned what process would be used to deal with illegal units if inspections cannot be conducted at the sale point. Ms. Clausen explained that in the cases where an owner refuses an RBR inspection or if over time an illegal unit is developed, if the City receives a written complaint with information or facts to indicate there is an illegal unit, the City code enforcement department investigates and requests a search. Similar to with the RBR program, she said the City is required to obtain consent to search the property, however if there is sufficient information to indicate that there needs to be an inspection and consent is refused, the City can and has obtained an inspection warrant to conduct the search. She further explained that based on the definition for illegal unit there has to be an independent access and facilities for sleeping, bathing and food preparation. Regarding condo conversions, she explained that an inspection by the Building Department is required to make sure that the building is up to code with regard to safety concerns. Council Member Edwards indicated that he would like to see a provision added under "Exceptions" to allow the buyer and seller to mutually consent to waive the provisions. As an example, if the property owner is selling a house that is going to be torn down and the buyer doesn't care and just wants to close the escrow, they can waive the provisions and place it on file with the City. Ms. Clauson stated that in a way this has the same result, but doesn't actually spell out provisions to allow for mutual consent. She explained that the way the ordinance is drafted, within three days the seller has to let the buyer know and if the buyer doesn't object to the fact that they have refused the consent, then it would be left up to the parties to determine how to negotiate it. • Council Member Edwards asked if there is a requirement for correction of the violations as noted in the inspection report. Ms. Clauson stated that once an inspection has been conducted and a determination has been made that there is an illegal unit, the owner of the property, regardless of whether the seller wants to waive the corrections or not, is required to abate the unit. She stated that it is the same with safety code violations of Volume 50 - Page 268 City of Newport Beach City Council Minutes August 26, 1996 the building code. She said that the corrections are required and it is up to the seller and buyer to negotiate who is responsible for the corrections. Council Member Edwards stated that a transfer to a trust is not specifically addressed under "Exceptions," and even though Ms. Clauson explained that • it would be covered under subsection D, he asked that it be clarified and made clearer. Ms. Clauson explained that since the proposal is to move the RBR ordinance from Title 20 to Title 15, Council is being asked to adopt a resolution initiating an amendment to Title 20 to repeal the current ordinance and to direct the Planning Commission to conduct a public hearing on the repeal. Motion by Mayor Pro Tem Debay to introduce Ordinance No. 96.35 modified as explained by the City Attorney, including the clarification on an exception for family trusts, and to adopt Resolution No. 96.65 expressing the Council's intention to repeal the provisions of Chapter 20.03 and directing the Planning Commission to conduct a public hearing on the repeal and file a report of their findings to the Council. The Council discussed the issue raised by Council Member Edwards about allowing the parties involved to waive the requirements by mutual consent, however the maker of the motion did not include it as part of the main motion. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Glover, Watt, Mayor Hedges Noes: None Absent: Cox 0 Abstain: None 12. ITEM NO. 2 - PLANNING COMMISSION AGENDA - August 22, 1996. Council Member Edwards requested that the Council call-up Use Permit No. 3583, agenda item no. 2 which was heard at the August 22, 1996 meeting of the Planning Commission. He explained that the subject use permit was approved by the Planing Commission simultaneously with a PC change to the area, the Newport Place Planned Community District, and that PC change will automatically come to Council anyway. He requested that the two be considered simultaneously and explained that it will not delay anything that the applicant wishes to do, however he wants to make sure that the Council acts consistently. Motion by Council Member Edwards to call-rip the subject item and schedule it for hearing on September 9, 1996. In response to Council Member Glover's question about whether the maker of the motion would also include Use Permit 3590, Council Member Edwards explained that it isn't necessary because if the PC text is not adopted, then the kinder -gym automatically goes away. Assistant City Attorney Clauson explained that the gym was removed from calendar at the Planning Commission because it was considered to be a permitted use under the zone change, so it goes with the zone change • application, not as a separate use permit. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Glover, Watt, Mayor Hedges Noes: None Absent: Cox Volume 50 - Page 269 (68) ufi�BYRN City of Newport Beach City Council Minutes August 26, 1996 14. APPEAL OF STAFFS DENIAL OF AN ENCROACHMENT PERMIT FOR THE CONSTRUCTION OF A CURB CUT IN 28TH STREET AT 2800 W. OCEAN FRONT, BALBOA PENINSULA (MARCUS HANESS, APPLICANT). • Phil Edmondson, Pack Coast Architects, representing Marcus Haness on the appeal of the denial of the encroachment permit, stated that there are two lots in question. He said the lot on the corner is for sale and his client is willing to build a single family residence on the R2 zoned lot. He said they have analyzed the site and preliminary studies indicate that the complications of the alley are such that they feel it is fair to request a side entry garage. He said the maneuverability is difficult in the alleyway because of a three foot block wall across the alley and the precarious location of a power pole. He said if the application is not approved, his clients will probably not be interested in the purchase of the property and that would allow the property to revert to R2 zoning. If that happens a duplex could be built, which could intensify the guest parking that occurs on the street and in the vicinity. He said the seller of the property is also the owner of the adjacent R2 zoned parcel and if this is approved, they will also build a single family residence on an R2 lot. He said that building two single family homes on what could be two duplex parcels would result in a decrease in the guest parking in that area. Referring to a letter submitted by Mrs. Utt outlining a private survey of the area streets that front onto the boardwalk, he said the observation was made that there are in excess of 24 parcels with side entry garages. Based on that survey, he said they feel this is a fair request, would actually be an enhancement to the area, and would not create an adverse impact on the parking in the area. Bonnie -Jean Utt, owner of the property for which the application has been • submitted to build the garage that will exit on 28th Street, stated that the request is reasonable and conforms to the existing practice on most of the ocean front corner lots between 28th and 36th Street. She pointed out that by building two garages on these two separate lots four new off- street parking spaces will be released since there currently are no garages on the property. She said they plan to build a new vacation home on one of the lots and the corner lot is in escrow. She urged the Council not to make the last remaining lot an exception to the general existing practice applied to all the similar properties in the area. Roger Utt, 2800 W. Ocean Front, said he supports the petition to allow for the curb cut. He pointed out that this is a fairly established practice along the ocean front and noted that there are 10 such opposing street accesses west of the alley between 24th and 36th Street and 24 curb cuts west of Balboa Bouelvard (at least one on every street). He said that he observed that on the west side of 34th Street, a one-way street, there is a relay box for postal personnel and the curb has been painted red for 27 feet. He said the box could simply be moved across the street, which is already a red zone and no parking is allowed, and the City would automatically pick up two parking spaces. He pointed out that the last section of the streets that dead -end at the beach are all painted red for maneuverability purposes, however he discovered that the length of the red zone on both sides of the street is quite arbitrary and varies from 5 to 21 feet. He said that two or three parking spaces could be picked up by standardizing those areas. He clarified that one parking space will be lost if the application is approved, • however if his suggestions are followed the City can pick up four or five additional spaces. Mayor Hedges said his understanding is that this application contemplates only two parking spaces, however the applicant is getting four spaces by installing lifts inside the garage. He said that the issue of the R2 versus R1 Volume 50 - Page 270 PW /2800 W. Ocean Front Encroachment Permit (65) City of Newport Beach City Council Minutes August 26, 1996 fi517s►:1 points up a deficiency in Council policy. He explained that the lowering of densities results in lesser impacts on parking more than any other factor, and no matter what is done tonight, the Council should look at a policy with respect to that. In other words, if a property owner is willing to change the map so the property would be an RI lot in perpetuity, even though it is an • R2 zone, then a curb cut would be allowed. Assistant City Manager Wood explained that zoning is established by larger districts for properties with similar characteristics and cannot be changed on a parcel by parcel basis. Planning Director Temple explained that the City has a practice whereby a covenant against the property can be required which would hold it as a single family site. She said that this is done quite regularly when certain types of modifications to the standards are made, therefore that tool can be used or adapted in cases such as this. She said that if at some point the property owner wants to construct a duplex, he would be agreeing to the removal of the deed restriction. In response to Council Member Glovers question about whether this came through the Modifications Committee, Public Works Director stated that it did not. He explained that applications for encroachment permits are handled by the Public Works Department and Council Policy L -2 is used as a guide. He pointed out that Section B -3 of the policy states that street curb openings shall not be permitted on residential property which abuts an alley. He said there are exceptions, one of which is if access from the street will be permitted where existing structures prevent full alley access or additional covered off - street parking is being provided. He said this is the first situation where lift type parking has been proposed. He noted that the language of the current Council policy doesn't give staff much latitude. • Council Member Watt said she would not base her vote on the applicants installation of a lift for additional parking since she feels this isn't necessarily a viable way to provide extra parking. Council Member Edwards questioned the way the staff report was written and asked for verification on what would have happened if the item would not have been pulled. Motion by Council Member Glover to overturn the actions of the staff (thereby approving the encroachment permit) subject to the condition that a covenant be applied to the property as explained by Ms. Temple. Assistant City Attorney Clauson said that her understanding is that the approval is subject to recording a covenant on the property that would state that the curb cut would be removed if a duplex were developed on the property. Mayor Pro Tem. Debay pointed out that this is the first time the covenant issue has been raised and the applicant has not been consulted on this issue. After having the covenant issue clarified by staff, Bonnie -Jean Utt agreed to the condition of recording a covenant on the property. • Ms. Clauson clarified that the recording of the covenant doesn't alter the height limit criteria or the building and development standards on the property. Mr. Edmondson said that it was stated that the denial was based on policy, however there are ten existing exceptions to the policy. He asked if any of Volume 50 - Page 271 City of Newport Beach City Council Minutes August 26, 1996 the previous cases where the curb cuts were allowed involved the assigning of a special category to the property. Mayor Hedges stated that this is the first time this type of thing has come before Council since he has been seated. He asked that the Legislative • Committee look at the Council policy in this regard for subsequent conversions or construction. The motion carried by the following roll call. vote: Ayes: O'Neil, Edwards, Debay, Glover, Watt, Mayor Hedges Noes: None Absent: Cox Abstain: None PUBLIC HEARINGS 15. REQUEST BY TEMPLE BAT YAHM (BERNARD ROME, APPLICANT), 1011 CAMELBACK STREET, to allow a 40,000 sq. ft. increase in entitlement to permit the expansion of the existing sanctuary by 4,560 sq. ft. with a future second floor addition of 10 classrooms for religious classes (9,130 sq. ft.); 600 sq. ft. addition to the administration offices; construction of a 15,450 sq. ft., two -story classroom building which will contain 10 pre - school classrooms and 10 religious education classrooms; and the construction of a 7,000 sq. ft. chapel. Assistant City Manager Wood explained that the applications are consistent with the land use element of the General Plan. She said that in the review • of traffic and parking issues, staff found that there would not be any negative impacts on the surrounding property owners since the traffic increases from the project would be nominal and improvements to traffic facilities would not be required. She stated that staff is recommending approval, as did the Planning Commission. Mayor Hedges opened the public hearing. Ken Clissett questioned the height limitation for the proposed facility. Mayor Hedges and staff confirmed that the height limit is 32 feet above natural grade as defined by the municipal code. Bernie Rome, Vice President of Development for Temple Bat Yahm, confirmed that the height of the new structure will be 32 feet, the same as the existing structure. Hearing no further testimony, the public hearing was closed Motion by Council Member Edwards to adopt Resolution No. 96 -68 approving General Plan Amendment No. 96 -1(13) amending the Land Use Element of the Newport Beach General Plan to increase the entitlement of the synagogue site within the North Ford Planned Community District; to adopt Resolution No. 96.69 approving an amendment to the North Ford Planned Community District Regulations to increase the entitlement to • allow the construction of additions to the existing religious facility (Planning Commission Amendment No. 852); and to sustain the decision of the Planning Commission approving Use Permit No. 1892 (Amended); Traffic Study No. 109; and the acceptance of the Negative Declaration. The motion carried by the following roll call vote: Volume 50 - Page 272 \II 5. Zoning/ OCA 852 (94) City of Newport Beach City Council Minutes August 26, 1996 Ayes: O'Neil, Edwards, Debay, Glover, Watt, Mayor Hedges Noes: None Absent: Cox Abstain: None •PUBLIC COMMENTS • Cdr. Louis Nockold introduced himself, summarized his background and involvement in various organizations, and announced that the Lions Club is the newest service organization in Newport Beach. He stated that their goals are to be of assistance to people in this area, explained various projects of Lions Club International, and provided information about a fund raiser held for Patty Henry. He asked Council for their support and said he hopes the Council is represented at their charter meeting. CURRENT BUSINESS 16. AIRPORT AREA REZONING STUDY. Report from the Airport Area Rezoning Subcommittee of the Economic Development Committee regarding the appointment of a steering committee of property owners and leaseholders to participate in a planning study for the area bounded by MacArthur Boulevard, Campus Drive, Birch Street and Bristol Street North. Assistant City Manager Wood explained that following the Council direction given on June 24, 1996 regarding this issue, Council Member Glover, Planning Commissioner Selich and staff met with the property and business owners in the area. She recommended that the five people as listed in the staff report, who volunteered to serve on a steering committee to work with staff on the study, be appointed and that staff be directed to circulate a • Request for Proposal to do an economic and marketing study. She said this is viewed as the first phase and would be the City's initial contribution to this effort, and hopefully as this proceeds there will be a way for the property and business owners to assist. Motion by Council Member Glover to appoint the following five representa- tives from the study area to serve on a Property/Business Owner Steering Committee: Nick Clayton, land and building owner; Bob Ford, leaseholder; Shel Medall, land and building owner; John Saunders, land and building owner; and Robert Thomas, land and building owner; and to direct staff to prepare and circulate a Request for Proposal for consultant assistance on the preparation of an economic and market feasibility study for the project area. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Glover, Watt, Mayor Hedges Noes: None Absent: Cox Abstain: None 17. ADOPTION OF RESOLUTION NO. 96-70 ESTABLISHING A MARINER'S MILE BUSINESS AND CITIZENS ADVISORY COMMITTEE AND ADOPTION OF INTERIM URGENCY ORDINANCE NO. 96-36 PROHIBITING THE APPROVAL OF PERMITS FOR CERTAIN LAND USES IN THE MARINER'S MILE • AREA FOR FORTY -FIVE DAYS. Assistant City Manager Wood stated that the Mariner's Mile area is very important to the City economically and image wise, however at the moment there are a number of vacancies that are a cause for concern because they may turn over to smaller incremental development uses which may impact traffic in the area. She said that Council is being asked to appoint a Volume 50 - Page 273 INDEX Econ Dev CAC /Airport Area Rezoning (24) Mariner's Mile Business /CAC (24) Ord 96 -36 Zoning (94) City of Newport Beach City Council Minutes August 26, 1996 INDEX Business and Citizens Advisory Committee and in order to give staff time to study ways to improve the area, to adopt an urgency ordinance to prohibit outdoor restaurants, drive -in and take -out restaurants, specialty food uses and other uses that generate a significant amount of traffic as detailed in the ordinance. • Mayor Hedges noted that the urgency ordinance will prohibit any land uses which generate in excess of one hundred average daily trips per thousand square feet or more than ten a.m. or p.m. peak hour trips per thousand square feet. He asked what other types of uses, other than fast food outlets, would generate that kind of traffic. Ms. Wood indicated that sit -down types of restaurants, office uses, and some retail uses would be allowed. She said that staff tried to set the number so it wouldn't be too restrictive on property owners, but would prohibit the uses that have really high traffic volume and associated access issues. Council Member Edwards said that Sterling BMW has posted a sign indicating that they are about ready to move into that area and asked if they would in any way be restricted by this urgency ordinance. Ms. Wood replied that the urgency ordinance would have no affect on them. Mayor Pro Tem Debay said that some time ago there was discussion about incentives for marine uses that were encumbering some of the office buildings and asked if that would also be looked at. Council Member Glover said that the marine incentive will be reviewed and a recommendation made to Council on whether it should be continued. She explained that the people that enjoy this also receive more square footage in their buildings, which was a trade -off at the time. She pointed out that is Mariner's Mile is second to Fashion Island in the revenue it generates for Newport Beach. She pointed out that the City has quite an investment in the new Balboa Bay Club and she feels the uses around that should be upgraded and more reflective of the type of visitor the City hopes to draw to that site. She said the area has had a history of neighborhood antagonism whenever specific area plans have tried to be changed or certain uses have tried to come in. She said she has tried to appoint some of the people who have been leaders in this group in an effort to get them to sit down with the business owners and hopefully come to some conclusions on some good uses for Mariner's Mile that the neighbors would not react to, but participate in getting into the area. She said that until the two parties can be brought together, significant changes will not occur in Mariner's Mile. She said that everyone that comes to Newport drives through Mariner's Mile and even though a lot of income is being generated from the area, aesthetically there is a need to show a better face of what Newport Beach is all about. She said there are a number of things that contribute to not being able to make the area more aesthetically pleasing (i.e. no alleys, a lot of curb cuts, and a limited amount of medians because of the number of yacht sales). She reiterated that until the citizens and businesses can be brought together there will be problems upgrading and updating the area. Wesley Taylor, Corona del Mar, stated that this matter can have very long term and serious implications for people on both sides. He urged the Council to use caution when adopting an interim ordinance that might come back to bite them later. He said the appointment of a citizens advisory • committee is very timely, however requested that the City not pass any interim ordinances that might set a pattern for something that they may want to reverse later on and have difficulty doing. Council Member Glover told Mr. Taylor that she understands his concerns, however she was fist approached for this two years ago by many people Volume 50 - Page 274 • • City of Newport Beach City Council Minutes August 26, 1996 and it has taken her two years to come to the conclusion that this is the best approach. She said that about seven years ago she started Mariner's Mile Business Association and prior to that they hadn't had an organization since the Ids. She said she knows all the businessmen in the area and is a strong believer in property rights, therefore she is making this recommend- ation with a great deal of "foot- dragging," as well. as an understanding that if she doesn't do this nothing will happen. Steve Stafford said the idea of an association district is a very good idea and will solve a lot of problems, as well as get them involved in a project that has been on the back burner for many years (the bridge rebuilding and improvement project at Newport Boulevard and Coast Highway). He said this project has stalled basically because there was no community involvement in the area. Motion by Council Member Glover to adopt Resolution No. 96.70 establish- ing a Mariner's Mile Business and Citizens Advisory Committee, to confirm the appointment of the following individuals: Business Representatives Gordon Barienbrock Ted Bean Dan Daniels Ned McCune Beverly Ray (or designee) Dickson Shafer Dick Fuller Study Group Citizen Representatives John Sturgis Gail Deemer Michael Porter Phyllis Drayton Bob Bendetti Kurt Yeager Thomas Ashley Thomas Ashley, Planning Commissioner Ted Bean, Business Representative Dick Fuller, Appraiser Michael Porter, Citizen Representative and Architect Kurt Yeager, Citizen Representative and Committee Chairman; and to adopt Interim Urgency Ordinance No. 96 -36 prohibiting the approval of permits for certain land uses in the Mariner's Mile area for forty -five days. In response to questions raised by Council, Ms. Wood explained that the City currently has no active permit applications on file and have received only inquiries. Ms. Clauson clarified that the way the ordinance is drafted, it can be terminated with the consent of the Council, just as it can be extended. She explained the provisions in the code for extending the urgency ordinance and noted that the 45 days expires on its own if an extension is not approved. Mayor Hedges said that he will support the motion, but indicated that 45 days should be enough time to show significant progress for what is trying to be accomplished. He reiterated that the moratorium can be extended for another 10 months and 15 days, however he would be reluctant to support an extension unless he sees some progress because he wouldn't want to unnecessarily hold up people's ability to enjoy their property. He said this has been long overdue and he commended Council Member Glover for taking up the issue. The motion carried by the following roll call vote: Volume 50 - Page 275 INDEX City of Newport Beach City Council Minutes August 26, 1996 Ayes: O'Neil, Edwards, Debay, Glover, Watt, Mayor Hedges Noes: None Absent: Cox Abstain: None • 16. United States Government vs. Montrose Chemical Corporation - Amended Consent Decree. (Supplemental Agenda) Motion by Council Member Glover to approve the execution of the amended consent decree and return of the decree to the Court for approval. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Glover, Watt, Mayor Hedges Noes: None Absent: Cox Abstain: None MOTION FOR RECONSIDERATION -None ADJOURNMENT - Monday, September 9, 1996 - 4:00 p.m. Joint Study Session with City of Costa Mesa to Discuss ABLE (Airborne Law Enforcement) Neighborhood Community Center, 1545 Park, Costa Mesa, California Monday, September 9, 1996 - 7:00 p.m. Regular Council Meeting k4RRMikf RRRRRRRRRRRRRR •The regular agenda for this meeting was posted on August 22, 1996 at 8:30 a.m. and the supplemental agenda was posted on August 23, 1996 at 2:50 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. (� City Clerk Mayor Volume 50 - Page 276 INDEX City Attorney (33)