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HomeMy WebLinkAbout08/24/1998 - Regular MeetingCITY OF NEWPORT BEACH • City Council Minutes Regular Meeting August 24, 1998 - 7:00 p.m. • • CLOSED SESSION - 5:00 p.m. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED - See written report. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards Absent: Hedges Pledge of Allegiance - Council Member Noyes. Invocation by Pastor Warren Olson, Mariners South Coast Church. Presentation of $100,000 Donation by the Friends of the Library. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION- ACTION OR REPORT (NON- DISCUSSION ITEM): Mayor Pro Tem O'Neil noted that a number of support groups have been established in his District to save the Port Theater. He requested that the owner be contacted to see what his intent is and to determine the City's options if he intends to close the Theater. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF AUGUST 10, 1998. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. ORDINANCE FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 8. ORDINANCE NO. 98 -21 ADOPTING MINOR AMENDMENTS TO TITLE 20 OF THE NBMC (DEFINITION OF TERMS, LAND USE CLASSIFICATIONS, LAND USE REGULATIONS, NONCONFORMING STRUCTURES, REGULATION OF SIGNS, PUBLIC NOTIFICATION REQUIREMENTS, APPEAL AND CALL FOR REVIEW PROCEDURES, AND REMOVAL OF OBSOLETE, REDUNDANT AND CONFLICTING LANGUAGE). Adopt Ordinance No. 98 -21. Volume 52 - Page 151(A) INDEX Closed Session/ C -2897 (35138) Ord 98 -21 Title 20 Amendments (94) City of Newport Beach City Council Minutes August 24, 1998 INDEX • RESOLUTIONS FOR ADOPTION 4. RESOLUTION NO. 98 -59 AUTHORIZING INSTALLATION OF STOP Res 98 -59 SIGNS ON EASTBLUFF DRIVE AT VISTA DEL ORO (SOUTH), AND Eastbluff Drive INSTALLATION OF ADDITIONAL SCHOOL SIGNAGE. Adopt the Stop Signs Resolution and direct Traffic Engineer to install school area pedestrian signs (85) for crosswalk on Eastbluff Drive at Alba Street. 5. RESOLUTION NO. 98 -60 AMENDING RESOLUTION NO. 98 -17 AND Res 98 -60 APPOINTING A MEMBER OF THE ECONOMIC DEVELOPMENT EQAC COMMITTEE TO THE ENVIRONMENTAL QUALITY AFFAIRS (24) CITIZENS ADVISORY COMMITTEE. Adopt Resolution amending Resolution No. 98 -17 and appointing a member of EDC to EQAAC. CONTRACTS AND AGREEMENTS 6. COMPLETION AND ACCEPTANCE OF GALAXY DRIVE PARK C -3196 REHABILITATION (C- 3196). Accept the work; authorize the City Clerk to Galaxy Drive file a Notice of Completion; and authorize the City Clerk to release the bonds Park 35 days after the Notice of Completion has been recorded in accordance with (38) applicable portions of the Civil Code. 7. AWARD OF CONTRACT FOR THE BUCK GULLYILITTLE CORONA C -3094 BEACH OUTLET MODIFICATION (C- 3094). Approve the plans and Buck Gully/ specifications; award the contract to Gillespie Construction, Inc. for the total Little Corona price of $359,762.00 and authorize the Mayor and City Clerk to execute the Beach • contract; and establish an amount of $36,000.00 to cover the cost of materials (38) testing and additional work. 8. Removed at the request of Council Member Debay. 9. ROCKWELL SEMICONDUCTOR SYSTEMS EXPANSION. Approve a C -3229 Professional Services agreement with Planning Consultants Research (PCR) Rockwell Semi - of Irvine, California, for professional environmental services for a contract Conductor Systems price of $165,443. (38) 10. Removed at the request of an audience member. MISCELLANEOUS ACTIONS 11. PLANNING COMMISSION AGENDA FOR AUGUST 20, 1998. Receive Planning and file. (68) 12. AMENDMENT TO FINAL TRACT MAPS 15388 AND 15389, PACIFIC Tracts 15388/15389 BAY HOMES AT 2300 JAMBOREE ROAD. Approve amendments to the Pacific Bay Homes Final Maps. (TT15388/TT15389) 13. TREE REMOVALS — INFORMATIONAL REPORT. Receive and file. Tree Removals (62) 14. APPOINTMENT TO THE AVIATION COMMITTEE. Confirm Council Aviation Committee • Member Thomson's appointment of Mark Q. Thompson. (24) 15. APPROVAL OF BUDGET AMENDMENT (BA -005) TO INCREASE I BA -005 Volume 52 - Page 152 City of Newport Beach City Council Minutes August 24, 1998 • REVENUE ESTIMATES IN THE GENERAL FUND IN THE AMOUNT OF $100,000 TO RECOGNIZE A DONATION FROM THE FRIENDS OF THE LIBRARY AND TO APPROPRIATE THE DONATION TO THE LIBRARY SUPPORT SERVICES DIVISION. Approve BA -005. 16. APPROVAL OF BUDGET AMENDMENT (BA -006) TO INCREASE REVENUE ESTIMATES IN THE GENERAL FUND IN THE AMOUNT OF $3,840 TO RECOGNIZE A DONATION FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION AND TO APPROPRIATE THE DONATION TO THE LIBRARY SUPPORT SERVICES DIVISION. Approve BA -006. 17. EMERGENCY ACCESS FOR EMERGENCY RESPONSE ON LIDO ISLE. Maintain existing, non - conforming roadway and access conditions on Lido Isle. 18. INCOME PROPERTIES DISPOSITION (contd. from 6/22/98, 7/27/98 & 8/10/98). Remove from calendar. Motion by Mayor Pro Tern O'Neil to approve the Consent Calendar, except for the items removed (8 and 10). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR • 8. SARX COOPERATIVE AGREEMENT. Council Member Debay noted that this was previously a cooperative agreement with the County and expressed concern with increased traffic at Superior and PCH. She asked if the City will be assured a fair EIR study since OCTA did not select the consultant the City favored and since Costa Mesa will be the lead city. Public Works Director Webb confirmed that the scope of the study will not change. Further, that hearings will be conducted for the four cities involved and that the outcome of the study will need to be accepted by the four cities, as well as the County, before any changes can be implemented. In response to Council Member Debay's questions, Mr. Webb stated that notice of preparation hearings will be conducted at the beginning of the environmental process and that there will also be a chance to provide input before the adoption of the EIR. Council Member Debay expressed the opinion that West Newport residents will be most affected by this and that it is unclear regarding what might happen if the 19th Street bridge and crossing is deleted at PCH. Mr. Webb confirmed that the study will look closely at traffic projections and will try to come up with a plan if the bridge is or is not built. Peter Tarr, 5023 Lido Soud Drive, agreed with Council Member Debay, stating that this is one of the most important issues facing West Newport. • He believed that, without an alternative means to get to the freeway, West and Central Newport will have problems similar to those in Corona del Mar. Volume 52 - Page 153 I 10 10 D►' Library Support Services (40/50) BA -006 Library Support Services (40/50) Emergency Access Lido Isle (41) Income Properties Disposition (73) C -3228 Santa Ana River Crossing (SARI) (38) City of Newport Beach City Council Minutes August 24, 1998 • Motion by Council Member Debay to authorize the Mayor and City Clerk to execute a Cooperative Agreement with the City of Costa Mesa for the Santa Ana River Crossing Study (SARX) Environmental Impact Report; rescind the Cooperative Agreement with the Orange County Transportation Authority for the SARX EIR that was approved on January 27, 1998, and authorize the Mayor and City Clerk to execute the letter pertaining to termination of the Agreement; and direct staff to transfer the encumbrance for the City's share of the study ($35,000) from OCTA to the City of Costa Mesa. Without objection, the motion carried by acclamation. 10. AWARD OF CONTRACT FOR STRATEGIC COMMUNICATIONS REGARDING THE COMMERCIAL AVIATION REUSE OF EL TORO MCAS TO HILL & KNOWLTON AND FLEISHMAN HILLARD. Ed Benson, 1028 Westward Way, requested a summary of the consultants' scope of work. Deputy City Manager Ducey explained that the City is proposing to retain two firms to handle different aspects of a more comprehensive public relations program. Fleishman Hillard is experienced in media and press relations; and Hill and Knowlton is stronger in community relations. Ms. Ducey added that the City will be using them judiciously for their expertise and also using in-house staff to insure the City is saving money. She stated that she would be happy to meet with Mr. Benson. • Tom Naughton, 1700 Port Margate Place, highly endorsed the proposal. He referenced a letter that was in today's Daily Pilot and expressed the opinion that there is a lot of misinformation being circulated. Barry Eaton, 727 Bellis Street, stated that he has been following the El Toro issue very closely and that ETRPA is funded primarily by Irvine. He noted that Irvine Council Member Christianson indicated that, if the El Toro Reuse Planning Authority ( ETRPA) defeats El Toro, they will load up the John Wayne Airport (JWA). Further, that it is apparent from Supervisor Wilson's meeting that ETRPA is well on their way to doing the very things this contract will hopefully do for the pro - airport side. He stated that he recommends the proposal. Motion by Mavor Pro Tem O'Neil to authorize the contracts subject to City Attorney review for form and content that is consistent with the terms of other consultant agreements. Mayor Edwards stated that this issue is not simple and that South County, ETRPA, and the 7 southern cities that seek to propose a rule on the City know how complex it is. He reported that at last Wednesday night's airport commission meeting, the County discussed expanding JWA's boundaries, including conducting property acquisitions necessary to accommodate the increased passenger load if El Toro does not become a commercial airport. Mayor Edwards stated that the City's proposal is not grand ($175,000) compared to South County and ETRPA's budgeted $1.2 million for a public • relations campaign. Further, they have incurred additional attorney fees from fighting the EIR litigation to slow down El Toro's planning process; and have also retained Tom Sheppard who is renowned in drafting initiatives Volume 52 - Page 154 INDEX C -3230 Strategic Comm/ El Toro Re -Use (38) City of Newport Beach City Council Minutes August 24, 1998 INDEX • and whose sole purpose is to carve out an initiative that essentially will do nothing but peel Newport Beach off without any opposition. He stated that he and Mayor Pro Tern O'Neil have met on at least two occasions with ETRPA's representatives; that this is a regional issue; and that the City is still prepared to sit down if people want to talk about facts. Mayor Edwards directed staff to see if the lines of communication can remain open. He wholeheartedly endorsed the contracts and asked Council to support the motion. Without objection, the motion carried by acclamation. PUBLIC COMMENTS • Shima Soffer, 540 Bernard Street, expressed support of the Port Theater. She believed that tearing down something like this also tears down things that help create a community. She hoped that, if Port Theater does not remain a theater, it could continue as another form of creative outlet in which the architecture is preserved. • David Ford, 2450 Duke Place, Costa Mesa, expressed support of the Port Theater and stated that the City should care about saving it. He stated that Corona del Mar is seen as a resort town because of its quaint beauty and local flavor and that this unique balance defines Corona del Mar. Mr. Ford believed that local businesses and citizens will also benefit because of the balance and beauty that things, like Port Theater, brings to the community. • He requested that Council place a value on the Port Theater, which is one of the defining characteristics of downtown Corona del Mar. • Maggie Sullivan, 4100 Bison Avenue, A -50, Irvine, stated that she worked at Port Theater and indicated that she started the petition partly because she cannot bear for the building to be torn down and because it seemed like a chance for the Theater to become what it always should have been — a community resource and a protected historic landmark. She stated that she did not believe it could ever be a historic landmark under Landmark Theater Corporation. She distributed copies of signed petitions, noting that she had 1,200 signatures as of Friday, but today has 1,600. She stated that the Save the Port group is being formed (consisting of people from the Newport Beach International Film Festival, Orange County Museum of Art, over 30 concerned citizens, and Capt. Todd Blood an independent theater owner in Orange who is interested in leasing the Theater) but has not yet met formally. She indicated that Council can contact key individuals listed in the packet for more information. • Dennis Clendenen, 4639 Tremont Lane, stated that many famous people have made appearances at Port Theater and that he has been attending the Theater since 1954. He urged Council to look at this issue even though it is privately owned and try to preserve it before the building is destroyed. PUBLIC HEARING • 19. PUBLIC HEARING AMENDING DEVELOPMENT POLICY G OF THE Res 98 -61 LAND USE ELEMENT OF THE GENERAL PLAN RELATING TO GPA 98 -2(B) TIMESHARE PROJECTS [GENERAL PLAN AMENDMENT 98 -2 (B)]. Land Use Volume 52 - Page 155 City of Newport Beach City Council Minutes August 24, 1998 INDEX Volume 52 - Page 156 Planning Director Temple reported that the General Plan Amendment was Element • initiated by Council and has been recommended for approval by the (68) Planning Commission. She noted that two years ago, the City considered changes to the Code that allowed timeshare development subject to certain development restrictions and requirements. When the amendment was approved, staff neglected to remember that the Land Use Element also had a policy prohibiting timeshare development. She stated that the proposed amendment will cure the defect and create consistencies between the prior action of Council in 1996 and the Land Use Element, and allow Council to consider timeshare development in certain circumstances. In response to Council Member Glover's questions, Ms. Temple stated that there is currently no timeshares in the City and that the interest in changing the Code was driven by a particular developer's request. In studying the amendment, she believed Council thought that problems associated with timeshares has changed and that development has been largely conducted by major hotel corporations. Regarding the Transient Occupancy Tax, Ms. Temple added that the Code stipulates that any timeshare must be developed in conjunction with a development agreement that assesses the revenue implications and suggests alternatives /addresses ways the City could still provide quality of services in light of the approval. In response to Mayor Edwards' question regarding enforceability, City Attorney Burnham reported that he is aware of litigation in Cathedral City and another municipality in which the in lieu ordinances have been • invalidated. Mayor Edwards requested that Council be provided with the ordinance which was discussed at last month's EDC meeting that has now been upheld. Mayor Pro Tem. O'Neil clarified that the purpose of the development agreement would be to take it out of the realm of case law because now it is a contract. He further explained that, if the City loses TOT because of a timeshare, the developer and the City would agree by contract to a development agreement to make up that amount. Mr. Burnham concurred, noting that it is covered by Paragraph 4 in the proposed amendment. Mayor Edwards opened the public hearing. There being no comments, Mayor Edwards closed the public hearing. Motion by Council Member Noyes to adopt Resolution No. 98 -61 approving an amendment to the Land Use Element of the Newport Beach General Plan [GPA 98 -2 (B)]. Without objection, the motion carried by acclamation. CONTINUED BUSINESS 20. BAYFRONT ENCROACHMENTS IN WEST NEWPORT BAY Bayfront CHANNELS ADJACENT TO 400 CLUBHOUSE DRIVE (contd. from Encroachment/ 7/27/98). 400 Clubhouse • Myra Kirachenbaum, 406'/z Clubhouse Drive, stated that she would like to Drive (65) finally see this problem solved after 10 years. Volume 52 - Page 156 City of Newport Beach City Council Minutes August 24, 1998 • City Attorney Burnham stated that his office was directed to find any documents that determine if the City's records clearly establish the 10 -foot easement. Further, that his office did not find any agreement with Mr. Baerg or any predecessors that affected the City's right to enforce the easement. He reported that the Planning Commission in 1992 indicated that they wanted to see the encroachments removed from the property. Motion by Mayor Pro Tern O'Neil to deny the appeal of Hal Baerg, owner of 400 Clubhouse Drive, to retain a driveway with brick pilasters, a wood deck, planters and a wood bench within the City's 10 -foot wide easement adjacent to the Rivo Alto constructed in excess of 10 years ago. Without objection, the motion carried by acclamation. CURRENT BUSINESS 21. SCHEDULE FUTURE CITY COUNCIL STUDY SESSION. Following discussion, it was the consensus of Council to set a study session for September 14 at 3:00 p.m. to discuss the design development plans for the Balboa Bay Club and Bonita Canyon Park, and to receive an oral report on the Interra presentation on millennium plan. 22. ORAL REPORT ON THE INTERRA PRESENTATION ON MILLENNIUM PLAN. • Motion by Mayor Edwards to continue the oral report to the September 14 study session. Without objection, the motion carried by acclamation. MOTION FOR RECONSIDERATION — None. ADJOURNMENT — Mayor Edwards announced that Council voted unanimously during Closed Session to appoint Administrative Services Director Dennis Danner as Interim City Manager until a successor is appointed. Council adjourned the meeting in memory of Eileen Johansen to the study session on September 14, 1998, at 3:00 p.m. sass*, e* ����,ttt,t,trr�trs:t *taxa *,er�� The agenda for the Regular Meeting was posted on August 19, 1998, at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 40 e6 M W "&)" City Clerk Volume 52 - Page 157 INDEX No Report No Report