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HomeMy WebLinkAbout10/10/2000 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 10, 2000 - 7:00 p.m. INDEX — 5:00 p.m. [Refer to separate minutes] CLOSED SESSION - 6:15 p.m. CLOSED SESSION REPORT PRESENTED - See City Attorney Burnham's announcement below. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Absent: None Pledge of Allegiance - Council Member Ridgeway. Invocation by Reverend Tim McCalmont, Presbyterian Church of the Covenant. Proclamation declaring October 15 - 21, 2000 as 'Teen Read Week% CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEMI: Council Member O'Neil stated that he attended the candidate forum at the Oasis Senior Center and was disturbed by comments made regarding the lack of direction by the current Council. He commended Council Member Thomson for attempting to correct the record. He reported that this Council is united, professional, works hard on the residents' behalf, and is under Mayor Noyes' excellent leadership who works with the City Manager and staff. He noted that the City has the best municipal services in its history. He expressed the opinion that the candidates are probably not aware of what Council is all about and expressed concern that doubt has been raised by the candidates. He stated that a great deal of time is spent to determine whether the City will be engaged in a number of projects to protect the quality of life, but the candidates seem to believe that Council is rubber stamping development projects that will adversely impact the City's quality of life. He reported that the City has a plan to annex Newport Coast and Santa Ana Heights which will provide an ongoing revenue stream for the City and its residents; has a plan to protect and take care of the water quality in the Bay and ocean; and has a plan to try to extend the John Wayne Airport (JWA) settlement agreement. Further, Council has approved the most major public works developments in the City which involve the widening of MacArthur Boulevard and constructing the new Arches Bridge. He added that Council brings a balanced budget to the community every Volume 53 - Page 628 City of Newport Beach City Council Minutes October 10, 2000 INDEX year and Newport Beach is the only city in which the residents receive free refuse pick -up as part of the property tax. He assured everyone that they live in the best city there is in the County and possibly the nation, and that their elected representatives will continue to work hard on the citizens' behalf with honor, dignity, resolve, and prudent, responsible decision making. He emphasized that the actions that Council has taken or will take in the future will enhance the quality of life and continue to help increase the property values. Council Member Ridgeway stated that he also feels the unfounded criticisms being made about this Council. He expressed the opinion that the citizens of the community seem to be intolerant and materialistic. He reported that this country, after World War II and the 1950's, was built on mutual help and was very tolerant. He believed that people should start being more tolerant, helpful, and constructive, rather than carry the "Not in My Backyard" attitude. He expressed the opinion that the divisiveness in the City is unfortunate and that Council seems to be the object of this divisiveness. He stated that he is fighting to make this a better City and requested a little more cooperation and help from everybody. City Attorney Burnham announced that, during Closed Session, Council unanimously authorized an agreement that gives the City the right to purchase the Caltrans West parcel. He reported that the initial term of the option agreement is for 12 months and that the City has the right to extend the term for another 6 months. Further, the City will pay Caltrans 5% of the purchase price which is about $4.2 million for the initial term and another 5% if there is a need to extend the option. Council Member Debay reported that this has been an issue she campaigned on 8 years ago. She noted that this may have taken awhile but the City was dealing with the State, it was in a recession, and the reserves were low. She expressed her gratefulness toward staff and Council for this purchase. She explained that the Caltrans West parcel or "Sunset Ridge Park ", as renamed by West Newport residents, consists of 12 to 15 acres and contains a flat portion that can become an active park. Council Member Thomson thanked Council Member O'Neil for his comment and stated that he endorses Council Member O'Neil's viewpoints about the debate and how well Council is working together. City Clerk Harkless announced that today is the last day to register or re- register for the November 7 election. She stated that her office will be remaining in the Council Chambers until 10 p.m. to register people to vote. If someone misses the 10 p.m. deadline, she reported that the County Registrar of Voters office, located at 1300 South Grand Avenue in Santa Ana, will remain open until midnight. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF SEPTEMBER 26, 2000. Volume 53 - Page 629 a City of Newport Beach City Council Minutes October 10, 2000 Waive reading minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. RESOLUTION FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. ADOPTION OF TAXICAB REGULATION REVISIONS REGARDING TAXICAB RATES AND OTHER REQUIREMENTS ADMINISTERED BY THE ORANGE COUNTY TAXICAB ADMINISTRATION PROGRAM. Adopt Resolution No. 2000 -86 regarding taxicab rates and requirements. ORDINANCE FOR INTRODUCTION 4. ORDINANCE ADDING CHAPTER 3.33 TO THE NEWPORT BEACH MUNICIPAL CODE ENACTING AN ASSESSMENT DISTRICT ALTERNATIVE PROCEDURAL CHAPTER. 1) Introduce Ordinance No. 2000 -17 adding Chapter 3.33 to the NBMC giving the City authority to assess leased property; and 2) schedule for adoption at the October 24th City Council meeting. CONTRACTS AND AGREEMENTS 5. Removed at the request of Council Member Ridgeway. 6. GRANT HOWALD ATHLETIC FIELD REHABILITATION (C -3252) - COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after Council acceptance. PREPARATION OF A NEGATIVE DECLARATION FOR THE BALBOA VILLAGE IMPROVEMENT PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT. Approve a Professional Services Agreement with J.H. Douglas & Associates for Environmental and Coastal Permit preparation and processing in conjunction with the Balboa Village project (approval recognizes that this firm has a former City employee in their employ). MISCELLANEOUS ACTIONS 8. Removed at the request of Council Member Debay. 9. BUDGET AMENDMENT (BA -006) - APPRAISAL OF COMMERCIAL TIDELANDS USES. 1) Accept the proposal submitted by George Hamilton Jones, Inc. for an appraisal to establish an annual permit fee and lease fee for commercial use of City tidelands; and 2) approve a budget amendment (BA -006) in the amount of $55,000 to fund the appraisal. Volume 53 - Page 630 M l 113 Res 2000 -86 OCTAP Taxicab Rates (27) Ord 2000 -17 Assessment District Alternative Procedures (89) C -3252 Grant Howald Athletic Field Rehabilitation (38) C -3379 Balboa Village Improvement Project (38) BA -006 Commercial Tidelands Uses (40/51) City of Newport Beach City Council Minutes October 10, 2000 Motion by Mayor Pro Tern Adams to approve the Consent Calenda except for the items removed (5 and 8). The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None ITEMS REMOVED FROM THE CONSENT CALENDAR 5. AGREEMENT FOR THE INSTALLATION OF INTERNET COMPUTER VIDEO EQUIPMENT AT NEWPORT BEACH LIFEGUARD HEADQUARTERS (contd. from 8/8/00, 8/22/00, 9/12/00 & 9/26/00). Council Member Ridgeway reported that this item was discussed at a previous meeting and the topics of whether the City should have an economic interest and have other people compete for this contract were raised. He stated that staff asked for alternate bids based on economic return and only one entity, who was non - responsive, made a competing bid. He noted that the City is back to the original issue of safety which was the original intent of providing internet cameras at strategic points so that the lifeguard headquarters can control the cameras and observe surf conditions. Motion by Council Member Ridgeway to approve the agreement. Jim Hildreth, 120 The Grand Canal, stated that he assumes the City will allow him to put up a surveillance camera to watch Residential Pier (RP) 80100011 since it is allowing video cameras throughout the City. He indicated that vandalism has occurred at RP80100011. Mayor Pro Tem Adams asked if it was Mr. Hildreth's intention to erect a camera on public property. Mr. Hildreth stated that he wants to erect a camera on private property to watch over public property since the City removed his private property and assumes that he will have liability over public property. He indicated that he needs to save himself from litigation. Council Member Ridgeway reported that the cameras are only going to be placed on a few of the lifeguard stations to watch the surf. He noted that these types of cameras are already being placed on private property and are hooked up to the internet. He emphasized that the cameras are providing safety for the citizens and visitors. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None Volume 53 - Page 631 INDEX C -3363 Lifeguard Video Equipment (38) City of Newport Beach City Council Minutes October 10, 2000 INDEX 8. PLANNING COMMISSION AGENDA FOR OCTOBER 5, 2000. Planning (68) Council Member Debay reported that the Planning Commission voted to initiate amendments to the General Plan. She noted that Item 6 deals with 4343 Von Kerman Avenue (Koll Development Company) for the addition of a lobby to an office building that totals 2,160 square feet and One Upper Newport Plaza (0 Hill Partners) for an addition to an existing building for a file storage room that totals 440 square feet. She stated that it was her understanding that, with regard to the Greenlight initiative (Measure S), Newport Center is built out and is one of six zones that are built out. Planning Director Temple clarified that there are six statistical divisions that are built out and that the projects Council Member Debay is referring to is located in the airport planning area which is built out. She stated that these General Plan Amendments will be on the October 24 Council agenda for actual initiation; the applicants will need to submit any related applications; and then they will go to public hearing before both the Planning Commission and Council. She indicated that she does not believe that all the steps will be done before the November 7 election. Ms. Temple confirmed for Council Member Debay that the Koll Development Company and 0 Hill Partners projects will end up on a ballot if Measure S passes. Council Member Debay pointed out the square footage of each of the projects and noted that the applicants would not be able to proceed on these small additions until the projects are placed on a ballot for a vote. Motion by Council Member Debav to receive and file. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None PUBLIC COMMENTS • Bart Hackley, speaking on behalf of the Balboa Performing Arts Theater Foundation, announced that the Foundation is putting on a 5K run/walk on October 28 at 8:00 a.m. He stated that people can call 673 -0895 for an application and thanked Harbor Inspector Armand for his support. • Jim Hildreth, 120 The Grand Canal, utilized photos of RP80100011 before and after the City took control of the mooring. He believed that the City has neglected the ability for public input and possibly put the people of the City at risk. He stated that he spoke with Terrance Green who sees this as being questionable. He also showed the non - conforming trash container labels being used to help the employees, but believed that the City is not putting residents and the general public in the same realm because of what they have done to RP80100011. PUBLIC HEARINGS 10. 2000 ANNUAL WEED AND OTHER NUISANCES ABATEMENT. Res 2000 -87 Volume 53 - Page 632 City of Newport Beach City Council Minutes October 10, 2000 Fire Marshall Lockard reported that the City abated two of 120 properties that were inspected this year. He indicated that the resolution will allow them to assess for the abatement charges. In response to Council Member Ridgeway's question, Mr. Lockard indicated that the City previously placed liens on properties but is now using every method available in modern business practices to collect the money. Motion by Council Member Rideeway to confirm the assessment of charges for properties cleaned by the City and adopted Resolution No. 2000- 87 confirming the weed abatement costs to be assessed to property owners. Mayor Noyes opened the public hearing Jim Hildreth, 120 The Grand Canal, asked if the City warns people before collecting fees. Mr. Lockard indicated that their process entails that they make an inspection, verify that a hazard exists, send a written notice to the property owner, send a second written notice, and then post a notice on the property. He stated that the property owners have generally contacted the City and requested that it take care of the abatement if they are unable. Mr. Lockard confirmed for Council Member Debay that the property owners asked the City to abate the weeds and fire hazards. He added that some residents annually call the City to abate their property since they do not live in the City. City Manager Bludau stated that only having two properties in the entire City is an outstanding outcome. There being no further testimony, Mayor Noyes closed the public hearing. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None 11. NATURAL NAILS, 615 EAST BALBOA AVENUE - REQUEST TO APPROVE A WAIVER OF THE OFF -STREET PARKING REQUIREMENTS FOR A PERSONAL SERVICE NAIL SALON USE ON A PROPERTY LOCATED IN THE SP -6 (RSC) DISTRICT [A WAIVER OF SIX (6) PARKING SPACES] (Pam Ward, applicant). Council Member Ridgeway reported that there are currently 40 vacancies in Balboa Village, about 600 parking spaces in the Balboa Pier parking lot almost immediately adjacent to the property, and about 200 public parking spots and public on- street parking spaces very close to the property. He believed that this use is more of a neighborhood use and that the Planning Commission's decision was inappropriate. Mayor Noyes opened the public hearing. Marcia Dossey, Property Asset Manager, stated that she felt the use was good for Balboa Village when she put the tenant in the location since it Volume 53 - Page 633 INDEX (41) UP 3682 Natural Nails 615 East Balboa (88) City of Newport Beach City Council Minutes October 10, 2000 would serve residents more than visitors. She noted that the property was developed as a mixed -use property with residents living above. She reported that each residential property has a tandem parking space that holds two vehicles and the commercial property is allotted three parking spaces. She indicated that the building has a couple of vacancies which leaves six parking spaces, there are three on- street parking spaces in front of the building, and there are several public parking spaces near the facility. Ms. Dossey explained that they did not think there would be a need for additional parking since most residents walk or ride their bikes in the area. She added that viable villages are maintained by residents and are enhanced by visitors. She also reported that City staff reported at the Planning Commission meeting that there are only 10 days of the year in which no spaces are available in the area. There being no further testimony, Mayor Noyes closed the public hearing. Motion by Council Member Ridgeway to overrule the Planning Commission and approve Use Permit No. 3682, subject to the Findings and Conditions contained in Exhibit "A" of the staff report. The motion carried by the following roll call vote Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None 12. GPA 99 -3(C), ZONING AMENDMENT NO. 902 (PC NOS. 52 AND 53), AND DEVELOPMENT AGREEMENT NO. 14: REVIEW OF A PROPOSED GENERAL PLAN AMENDMENT, PREZONING, AND DEVELOPMENT AGREEMENT NECESSARY TO PROVIDE FOR ANNEXATION OF THE NEWPORT COAST/RIDGE AREA TO THE CITY. u�N Consultant Larry Lawrence reported that Council passed a resolution last year that initiated annexation proceedings for the Newport Coast/Ridge area. Accordingly, staff initiated the necessary General Plan Amendment and pre - zoning actions to provide land use designations and development standards that would become effective upon annexation. He reported that the proposed annexation area encompasses 5,441 acres, is located at the southeastern boundary of the City between the ocean and the San Joaquin Hills Transportation Corridor, and is within the City's sphere of influence. Referencing the vicinity map included in the staff report, he noted that the annexation also includes the northwesterly portion of the Newport Coast Planned Community which takes up the coastal zone portion of the annexation. Further, the overall Local Coast Plan (LCP) area extends to Laguna Canyon Road. Mr. Lawrence noted that the Newport Ridge Planned Community (PC) is just outside of the coastal zone and north of the Newport Coast Planned Community. He added that the "residual area" is north of the San Joaquin Corridor and consists of open space and the new Stage Hill Private Preparatory School. Volume 53 - Page 634 Res 2000 -88 Ord 2000 -18 Ord 2000 -19 GPA 99 -3(C)/ PCA 902/ C•3382 Development Agreement 14/ Newport Coast/ Ridge Area Annexation (21/38/45) City of Newport Beach City Council Minutes October 10, 2000 Mr. Lawrence indicated that the strategy Deputy City Manager Kiff will detail describes a pre- annexation process that will 1) adopt the existing County- approved land use plans and zoning for the development area as embodied in the Newport Coast LCP and the Newport Ridge PC documents; 2) adopt a conventional General Plan and zoning designation for the residual area which are consistent with the existing County designation; and 3) adopt a development agreement (DA) with The Irvine Company (TIC) to maintain present development entitlements and open space requirements, and a joint powers agreement with the County which retains County jurisdiction over land use and development within the annexation. He explained that the purpose of keeping the land use jurisdiction with the County after annexation is to ensure that development of the area and the dedication of valuable habitat area is administered by County staff who is already familiar with the provisions of the LCP document, PC document, and conditions of development approval that is consistent with the complex plans that are a result of years of planning and environmental analysis. Mr. Lawrence reported that the Planning Commission reviewed the annexation process last month and recommends Council approval subject to clarification of the draft DA which clearly states that the City has discretionary approval over any future General Plan Amendments in the area and the addition of more specific land use designations in the Land Use Element exhibit of the General Plan Amendment. In response to Council Member Ridgeway's question, Deputy City Manager Kiff reported that over 70% of the overall 5,441 acres is dedicated to open space and habitat. Regarding Development Agreement No. 14, Deputy City Manager Kiff reported that: 1) the parties involved include the City, TIC, and 2) 3) 4) 5) 6) 7) 8) Development Company (ICDC); allows TIC its full entitlement as it exists today; the Irvine Community obligates TIC not to "oppose" nor "interfere with" annexation before project completion and then "support" the annexation at project completion; directs that entitlement processing of residential properties be with the County of Orange until a certificate of occupancy has been issued and the lot has been sold to the ultimate user for at least one year; directs that entitlement processing for non - residential properties be with the County until the parcel is "fully improved and occupied... "; allows the City to annex in one proceeding or phases; requires the City to enter into a Joint Powers Agreement (JPA) with the County to process entitlements; requires the City to okay changes to development approvals unless changes: • are inconsistent with the Land Use Element designations adopted in the zoning Amendment and GPA (anticipated on October 24, 2000); • reduces open space; • alters the cost of providing services; • reduces the revenue stream for services; or • increases density /intensity of the project as a whole, resulting in Volume 53 - Page 635 INDEX A City of Newport Beach City Council Minutes October 10, 2000 unacceptable intersection impacts that cannot be mitigated per the Traffic Phasing Ordinance (TPO); 9) requires the City to "cooperate in the formation" of special financing districts at no cost to City; 10) requires an annual compliance review by the City and TIC/ICDC; and 11) terminates 15 years after the effective date of the annexation. Regarding No. 3, Mr. Kiff indicated for Council Member O'Neil that they hope the annexation will be completed before the project is completed, annexation will probably occur in six to eight months, and build out of Newport Coast is several years away. In response to Council Member Ridgeway's question, Mr. Kiff confirmed that a property owner will be dealing with the City on discretionary actions if a residential property is completed, has a notice of completion, and a year lapses. Regarding non - residential uses, Council Member Ridgeway asked whether the City will not be granted jurisdiction over a shopping center if one pad is left undeveloped. City Attorney Burnham indicated that the JPA requires that the entire parcel be fully developed prior to transferring land use jurisdiction. He pointed out that the JPA is in draft form and that there is some work to be done to it with TIC and the County. He indicated that it would still need to go before Council and the Board of Supervisors for approval. Mr. Burnham clarified that the JPA, in combination with an ordinance that would grant land use jurisdiction to the County upon annexation, allows the County to continue processing the development plan which is a product of over 20 years of planning and environmental analysis. Further, a way to ensure that the County is able to implement that plan and provide for the dedication of open space is to enter into a JPA that will give the County essentially the same responsibilities that the City normally has over property within the City. Council Member Ridgeway asked what getting jurisdiction means if No. 8 happens. Mr. Burnham explained that the City has the ability to oppose and prevent any changes to the development plan that would adversely affect the City. He stated that pre - annexation and the DA gives TIC the right to develop their property in accordance to the approvals that have been established to date, but does not allow them to change the development entitlement or plan in ways that adversely affect the City. INDEX In response to Council Member O'Neil's question, Mr. Kiff confirmed that, even if land use jurisdiction is deferred sometime into the future, the revenue from a project will start flowing into the City upon certification of annexation. Regarding Council Member Ridgeway's non - residential property scenario, Mr. Kiff confirmed for Council Member Glover that the City will receive revenue from the other businesses that are operating in the shopping center and the DA sunsets 15 years after the date of annexation. Mr. Burnham indicated that the JPA will terminate upon completion of all development authorized by the LCP and the PC, which is anticipated in about six to eight years. He clarified that the JPA is with the County of Orange but, as development is completed in Newport Ridge and one year lapses from the date on which a particular area is fully developed, the City will obtain full Volume 53 - Page 636 City of Newport Beach City Council Minutes October 10, 2000 18013ij land use jurisdiction over those areas as they Council Member Ridgeway noted that the applicant will currently continue to pay filing fees to the County and the City will not receive any fees during this time, even though the City will be reviewing every application that comes to the County. Mr. Burnham confirmed that a notice will be provided to the City as these applications go to the County, but no fee is being contemplated to be paid to the City. He indicated that there have been extensive discussions about the exchange of information so that when development is complete, the Building and Fire Departments have all the information that they would normally have if the City processed the applications. Mr. Kiff added that the City would immediately handle the processing of homes that are completed today. Further, modifications would also come to the City along with the related fees. In response to Mayor Pro Tem Adams' question, Mr. Burnham indicated that responsibilities and obligations are assigned between the County and City in the JPA, not the DA. He stated that , according to the DA, TIC's support of the City's annexation of Newport Coast/Ridge in its entirety prior to completion of all development is contingent on the execution of the JPA that ensures the continuity of processing. He clarified that the DA happens first and the JPA will follow closely behind it. Noting that the ordinances will have its second readings at the next Council meeting, Council Member O'Neil pointed out that a boiler plate notice provision was left out of the ordinances. He added that it would also be important for Council to receive a full set of DA exhibits so that they have the full document by the time the ordinances are adopted. In response to Council Member Thomson's questions regarding the maintenance of the slopes within the annexed area, Mr. Kiff indicated that the City would take over some of the slope maintenance located outside the gates and are currently maintained by the master homeowners association. However, the City will not take responsibility for the slopes in the Natural Communities Conservation Plan (NCCP), which is a structure that the County set up with the State that authorizes that open space be set aside and preserved. This would remain the obligation of the County. Regarding drainage, Mr. Kiff stated that the City conducted a review of the infrastructure and storm drain system about three years ago which concluded that the storm drains were adequate; however, he indicated that this is something the City could look at again. Council Member Debay asked if everything becomes the jurisdiction of the City by 2015, even if one of the hotel sites is not built. Mr. Burnham stated that the term of the DA is 15 years and, in the City's view, is the time that TIC's development rights would be vested. However, he reported that TIC hopes that all the entitlements will be completed within six to eight years. Mr. Kiff clarified that the 15 year deadline starts on the effective date of the annexation which is anticipated to be July 1, 2001; therefore, the DA would expire in 2016. Prior to the second reading of the ordinances, Council Member Glover recommended that outside consultants and land use attorneys review the Volume 53 - Page 637 City of Newport Beach City Council Minutes October 10, 2000 documentation Mayor Noyes opened the public hearing. Jim Hildreth, 120 The Grand Canal, stated that this action seems to be stemming around money and asked how much this is costing the City. Tim Paone, Vice President of Entitlements for The Irvine Company, stated that TIC appreciates all the work that staff has done and indicated that the DA reflects the issues and concerns they have raised. He added that they look forward to moving forward with this process. Council Member O'Neil stated that he and Mr. Paone have known each other for many years and congratulated him on his new career move. There being no further testimony, Mayor Noyes closed the public hearing. Motion by Council Member O'Neil to adopt Resolution No. 2000 -88 approving the General Plan Amendment 99 -3(C); introduce Ordinance No. 2000 -18 approving Zoning Amendment No. 902 (PC Nos. 52 and 53); introduce Ordinance No. 2000 -19 approving Development Agreement No. 14 with the addition of a notice provision, that staff will provide Council with copies of the development agreement exhibits, and make other minor corrections; pass the ordinances to second reading on October 24, 2000; and direct staff to pursue a joint powers agreement or similar arrangement for delegation of land use authority to the County as described in this report. Regarding the motion's wording "or similar arrangement," Mayor Pro Tem Adams asked why the City would not be able to pursue the JPA. Following discussion, Council Member O'Neil amended his motion to remove the wording. Discussion ensued relative to whether other consultants or land use attorneys should review the documentation further since many attorneys have already reviewed this over the years. It was determined that this was unnecessary since Mr. Burnham is also a land use attorney and is comfortable with how the DA is currently drafted. The amended motion carried by the following roll call vote Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None I hU] DkI 13. MARINERS MILE STRATEGIC VISION AND DESIGN FRAMEWORK - AMENDMENT NO. 906. Assistant City Manager Wood reported that the Strategic Vision and Design Framework was presented to Council during a study session in June by Keenan Smith. She indicated that the newer items are the two zoning amendments that were recommended by the Planning Commission and staff to give the City some implementation authority so that policy can be taken Volume 53 - Page 638 Res 2000 -89 Ord 2000 -20 PCA 906/ Mariners Mile Strategic Vision & Design Framework (94) City of Newport Beach City Council Minutes October 10, 2000 INDEX from the Strategic Vision and Design Framework and put into an ordinance. She explained that there are two zoning amendments because they are proposing to amend the specific plan that covers a portion of the area and establish an overlay district for the remainder of Mariner's Mile, between Rocky Point and Dover, which is not covered by the specific plan. She stated that the amendments create a development plan review process so that all new development can be reviewed for consistency with the design framework and establishes new criteria that are mandatory for new projects. She indicated that the committee, the consultant team, and the Planning Commission thought that sign, landscaping, fencing, and lighting standards were the most important things brought out of the design framework and noted that there are no proposed changes to the building regulations. She reviewed the recommendation and added that suggested language was given to Council that deals with planting standards for palm trees and wall signs. Additionally, the City Attorney suggested additional language regarding trees that would clarify that the "18 feet on center" standard would be the minimum number of trees and that clustering trees is an alternative as long as the number is maintained. Ms. Wood stated that this has been an interesting process because of the amount of public input throughout its course. She reported that they started with a business and citizens advisory committee and then a business owners committee which basically set sign standards for themselves. Council Member Glover stated that this started several years ago, many publicly noticed meetings were conducted, and very good input was received at the Planning Commission meetings. She emphasized that the proposed plan does not request any funding from the City. She added that the plan is unusual because the business owners are willing to make the improvements if there is a 25% or 2,000 square foot increase in the gross floor area, whichever is less. Council Member Glover commended the business owners for the many hours they spent on this and stated that they tried to make everyone aware of the plan. She also commended Ms. Wood for the time she spent driving community members to other cities to observe what they are doing in the same type of areas. She indicated that the City has an excellent architect and landscape architect, and expressed her appreciation to Council for providing funding so that the City could work with them. Council Member Ridgeway asked if the design framework is endorsing one tree for every four parking stalls within a field of parking. He indicated that this is a standard he is familiar with for office buildings, not commercial - retail. Consultant Lee Anne Kirby stated that this is standard in several cities in Orange County. Council Member Ridgeway indicated that he likes trees, but believed that one tree for every four stalls is very dense and can become a dangerous situation in a field of parking. Ms. Kirby indicated that one of the goals is to have the parking lot strained from the view of the residents living above the commercial areas and that the residents are supportive of this concept. She reported that, the way the design framework is written, it allows landscaping to happen without impacting the parking count. She added that this is also a benefit since the trees will reduce heat gain in the parking field. Council Member Ridgeway stated that visual sight lines are very important in fields of parking, there are very minimal trees in the parking fields already, and there will need to be light standards that are usually higher than the tree. He indicated that he can support this, but Volume 53 - Page 639 City of Newport Beach City Council Minutes October 10, 2000 believed that applicants will be requesting waivers to this standard and questioned why this standard should be established if waivers will be requested time and again. Council Member Glover pointed out that Mariner's Mile has very few medians. Ms. Kirby added that Mariner's Mile is an example of a district with no parking lot tree requirements, lots of asphalt with no relief to the asphalt, and an area that has not become a visually nice place. She emphasized that the goal of the design framework is to make Mariner's Mile better. Council Member Ridgeway noted that Mariner's Mile will still have the boat areas and car dealerships which create vast areas of asphalt. Ms. Kirby agreed, but added that this is more reason to have one tree for every four parking stalls since the boat areas and car dealerships will still be asphalt with no requirement for landscaping. Ms. Wood confirmed that the resolution is adopting the design framework. Regarding Page 35, Item 2.58 of the design framework, Council Member Ridgeway noted that it discourages the widening of Pacific Coast Highway (PCH) through Mariner's Mile. Ms. Wood reported that the design framework does not prohibit the City from widening PCH through Mariner's Mile, especially since the widening is part of the Circulation Element. She explained that the design framework is saying that the widening of this portion of PCH should not be the City's first choice and that the City should explore all regional alternatives before this is done. Mayor Noyes opened the public hearing. Wesley Taylor, 2001 Sabrina Terrace, stated that he is representing Theodore "Bob" Robbins, Jr. who is the General Partner of Robbins Properties. He indicated that Mr. Robbins called him yesterday about a notice he received and questioned what was happening. He stated that Mr. Robbins was pleased to know that improvement plans are underway, but wanted to know exactly what was happening prior to anything being passed and requested material on the plan. Council Member Ridgeway provided Mr. Taylor with his staff report. Mayor Noyes indicated that he or Mr. Robbins can also contact Ms. Wood for more information. Jim Hildreth, 120 The Grand Canal, stated that a lot of work has been done on 17th Street and asked if work will be occurring on PCH since there is already a great deal of traffic in that area. He believed that the City apparently has plans to overdevelop the City and stated that he would be discouraging people to the City just to slow down the traffic. He expressed the opinion that there is no room to expand PCH because of the bluff. INDEX Jim Johnson indicated that this is the first time he received a notice on this. He stated that he has lived on Cliff Drive, above a two -story office building, since 1992. He reported that the property owner below him has parked a 50 to 60 foot boat in the parking lot and has even repaired and painted the boat in the parking lot because he has had a variance for many years. He pointed out that the Olympic Sales Yard next to the property does not work on boats, but the property owner is permitted to do this. He stated that he owns a shopping building in Irvine and Irvine does not allow this type of use. He added that he moved to Newport Beach thinking they have the same kind of Volume 53 - Page 640 City of Newport Beach City Council Minutes October 10, 2000 INDEX standards. He recommended that, while this is still being reviewed, the City look at some of the existing situations. He believed that this situation is ruining his property value and asked the City to change this. Mayor Noyes suggested that he provide Ms. Wood with his telephone number so that she can follow up on his concerns. Ted Bean, Co -Chair of the Mariner's Mile Business Owners Association, stated that they have worked diligently over the last two years on the strategic plan. He indicated that the plan was thorough and includes continuum landscaping, lighting, and signage regulations. He encouraged Council to consider adopting the resolution tonight because it will give them the ability to move forward in improving Mariner's Mile. Regarding Council Member Ridgeway's previous comments, Dan Purcell, 508 Poinsettia, asked when the City became tree - haters. He believed that adding trees in the area is a great idea. He stated that smaller trees were replanted in Corona del Mar because the older trees raised the sidewalks. He expressed the opinion that that the former trees were so valuable to the area and everyone loved them. Ted Robinson, 205 Villa Lido Soud, stated that he owns the Larson Shipyard and that he did not receive any public notices either. He indicated that he agrees with Council Member Ridgeway with regard to the amount of trees in that area, even though he has planted more king and queen palm trees on his property than anyone on Mariner's Mile, and reported that the fan palm trees the City is recommending will end up looking like poles. He expressed the opinion that the City may run the risk of sterilizing the area since it is a waterfront, not an office complex, and that the atmosphere should stay a little funky and match the waterfront theme. He suggested that the area not be called "Mariner's Mile" but "The Waterfront." Mark Moreau, 2439 West Coast Highway, Co -Chair of the Mariner's Mile Business Owners Group, stated that the people involved in this process envisioned what Mariner's Mile would be in 20 years, believing that the area will be a quality area and an area in which pedestrians feel safe about walking on the sidewalk to frequent shops. He reported that the area experienced many vacancies and had a lot of run -down buildings over the last few years; however, there has been more renovations occurring and is becoming a nicer place to conduct business. He stated that the design framework and strategic vision is simple and just looks at putting a landscaping continuum throughout the area, cleaning up the signage, and establishing a theme for the area. He emphasized that the plan is not a grand - scale, mass development plan and does not envision big high rises or massive shopping centers. He stated that the business owners and property owners have been involved and are willing to put the overlay on their property and take on that burden when they develop their property. As far as the area becoming sterile, Mr. Moreau expressed the opinion that the area is very eclectic and wonderful, and hoped that this never changes. He encouraged Council to adopt the resolution tonight. Gordon Barienbrock, 3000 West Ocean Front, stated that he has been involved with Mariner's Mile for some time and is the landowner of the Chart House and Billy's on the Beach. He indicated that he is in favor of the Volume 53 - Page 641 City of Newport Beach City Council Minutes October 10, 2000 plan, but expressed concern relative to parking. He believed that the overall area needs guidance relative to signage and planning. There being no further testimony, Mayor Noyes closed the public hearing. Motion by Council Member Glover to adopt Resolution No. 2000.89 approving the Mariner's Mile Strategic Vision & Design Framework; and introduce Ordinance No. 2000 -20 (Amendment No. 906), as amended, and pass to second reading on October 24, 2000. Council Member Debay indicated to Mr. Taylor that the issue will be back on October 24 and so he and Mr. Robbins will have time to review the documentation and make comments at the meeting if desired. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None MOTION FOR RECONSIDERATION — None. ADJOURNMENT — at 9:00 p.m. in memory of Beverly Nestande. The agenda for the Regular Meeting was posted on October 4, 2000, at 1:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary 53 - Page 642 INDEX