HomeMy WebLinkAbout12/11/2001 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
December 11, 2001 - 7:00 p.m.
— 3:30 p.m.
CLOSED SESSION — 6:00 p.m.
A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR
MEETING
B. ROLL CALL
Present: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor
Adams
Absent: None
C. CLOSED SESSION REPORT — None.
D. PLEDGE OF ALLEGIANCE — Brownie Troop 2700 from Newport
• Elementary School.
E. INVOCATION — Jim deBoom, Newport Mesa Irvine Inter -Faith
Council.
F.
Presentation of Proclamation to Harbor View School honoring their
National Blue Ribbon Award.
Chamber of Commerce Presentation of Grants from Taste of Newport
Proceeds.
Visioning Festival Announcement.
G. MAYOR & MAYOR PRO TEMPORE ELECTION
Outgoing Mayor's comments.
Mayor Adams stated that it has been an honor to serve as the Mayor. He
thanked the City Council for their support and noted that Council elects the
Mayor to this position. He stated that this Council has been hard working,
effective, sincere, and deliberative. He reported that the accomplishments
speak for themselves, but emphasized the importance of the Newport
Coast/Newport Ridge annexation which has been in the City's sphere of
• influence for about 30 years. He welcomed the Newport Coast residents into
this great City.
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. Mayor Adams thanked the members of the public who have been engaged in
the process and taken the time to attend meetings, call, and write to Council.
He stated that he is proud of how Council has worked with the citizens over the
last year. He also thanked the City staff for their tremendous support and
hard work on a day -to -day basis, noting that Council is just the policy makers.
He expressed his thanks to Helen Wick of the Mayor's Office who has been of
great help to him. He concluded by thanking his wife who has made
tremendous sacrifices over the last year and added that he cannot thank her
enough.
Council Member Proctor stated that three of the Council Members have gone
through their first year on the City Council and did not realize what a massive
job being Mayor entails. He commended Mayor Adams for working hard and
keeping Council together and focused. He emphasized that Council
accomplishments have been monumental in large part because of Mayor
Adams' direction and leadership.
Mayor Pro Tern Ridgeway stated that Mayor Adams has been very dedicated to
the City during his term on Council and pointed out that he had the daunting
task of getting the Greenlight initiative implemented. He added that he has
also been involved in many issues, not just the John Wayne Airport Settlement
Agreement and annexation. He emphasized that the amount of hours Mayor
Adams has dedicated to the City are much more than just attending Council
meetings. He announced that he is pleased to present the gavel plaque to
• Mayor Adams.
Council Member Heffernan stated that, although he is a dissident on many
issues, he complimented Mayor Adams for bringing his engineering
background to City issues. He added that he has gotten Council to stay on
track when decisions needed to be made. He stated that goals were reached
due to Mayor Adams' leadership and clarity of what he wanted done this year.
He emphasized that the process is more important than anyone's opinion on
Council and that Mayor Adams brought that process into focus for Council.
Council Member O'Neil noted that he is the only former Mayor sitting at the
dais today. He stated that Mayor Adams has done an excellent job of providing
the leadership with a very skillful hand. He thanked him for being the great
Mayor that he was.
Council Member Glover expressed the opinion that this has been the best
Council she has ever served with and added that Mayor Adams has done a
superb job. She believed that this Council has a professional attitude to each
other, respects each others' opinions, and does not hold grudges.
Council Member Bromberg noted that he, along with Council Members Proctor
and Heffernan, have completed one year as Council Members and stated that
Mayor Adams made his job easier by making sure Council stayed on track.
Further, if issues were unclear, he also made sure everyone received an
explanation of what was happening. He thanked Mayor Adams for doing a
• wonderful job and for his dedication.
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• Election of Mayor.
City Clerk Harkless announced that she will be presiding over the election of
the new Mayor. She placed all members of the City Council on an equal basis
to nominate and elect, and asked if there were any nominations.
Council Member O'Neil nominated Mayor Pro Tem Ridgeway.
Council Member Heffernan expressed concern that Greenlight is being looked
after, but reiterated that the process is more important than the person. He
believed that Mayor Ridgeway will do a good job and stated that he will
support the nomination.
Hearing no further nominations and no objections to electing Council Member
Ridgeway as the new Mayor, City Clerk Harkless announced that Mayor Pro
Tem Member Ridgeway was elected by acclamation.
Mayor Ridgeway took his proper place at the Council table.
Election of Mayor Pro Tem.
Mayor Ridgeway announced that he would preside over the election of the new
Mayor Pro Tem. He placed all members of the City Council on an equal basis
to nominate and elect, and asked if there were any nominations.
• Council Member Glover nominated Council Member Bromberg.
Hearing no further nominations and no objections to electing Council Member
Bromberg as the new Mayor Pro Tem, Mayor Ridgeway announced that
Council Member Bromberg was elected by acclamation.
Mayor Pro Tem Bromberg took his proper place at Council table.
The City Council then decided on the seating arrangements of the Council
table, with senior members having first preference. The follow seating, from
left to right, was decided upon: Heffernan, O'Neil, Bromberg, Ridgeway,
Glover, Adams, Proctor.
New Mayor's comments.
Mayor Ridgeway stated that he is honored to be the City's Mayor and be
that there is a task before Council. He thanked his Council colleagues and
who elected him to Council.
Mayor Ridgeway stated that the City's main issue is quality of life. He believed
that Newport Beach is a world class city that caters to its citizens, business
community, and tourism. He noted that, over the last couple of years, the issues
of traffic and growth have come up. He stated that he remembers when the Boy
Scout Jamboree was in the City in 1953, adding that he also remembers what
the salt flats looked like, traveling on Back Bay Drive, and when the City was
• not developed. He noted that the population back then was 10,000 to 20,000
people, but it almost has 77,000 today. He pointed out that much of the growth
is natural growth, especially when the City had affordable housing. Mayor
Ridgeway stated that the City has a goal to try to maintain affordability. He
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December 11, 2001
• emphasized that the entire County is also experiencing natural growth. He
expressed the opinion that the City has a lot of traffic that has been created by
development outside of the City. He reported that the City has actually
decreased the amount of traffic if one looked at all of the projects that have been
approved over the last ten years. Noting that the amount of traffic in the
County has increased, he believed that people need to be more tolerant of this.
He pointed out that the City is holding a Visioning Festival in January 2002 to
look at growth and how the City will look in the future.
Mayor Ridgeway stated that the City has changed and is an older City, noting
that 44% of residents are 35 to 64 years old and 17% are over 65 years old.
Further, he stated that only 60% are owner - occupied units and that many of the
renters want to buy houses in the City. He reported that he would like to say
that he created some housing for his children and grandchildren when he leaves
the City because right now affordable housing does not exist.
Mayor Ridgeway stated that the City has the best library and provides 75%
its own water to the residents. He emphasized that the City has worked he
and continues to work hard to clean the bay and ocean waters. He express
hope that, by the time he leaves office, Council has accomplished making 1
bay and ocean cleaner. He stated that Council has to remember that the C
cannot live in a vacuum since it is part of a larger community, noting that the
are 34 cities in the County. He stated that it would be irresponsible to say thf
can be no more development. He emphasized that Council is dedicated to bei
• deliberate on all the regional issues. He expressed hope that everyone will
involved in the visioning process.
Mayor Ridgeway thanked his wife and children for tolerating his schedule,
noting that each Council Member dedicates at least one hundred hours a month.
New Mayor Pro Tern's comments.
Mayor Pro Tern Bromberg thanked his colleagues for selecting him as Ma:
Pro Tern and stated that he looks at this as a vote of confidence. He emphasis
that the Council Members are talented and that he has not seen the like
other cities. He stated that Council will be doing a great deal in the next ys
that will affect the City's quality of life over the next 50 years. He noted tl
the City has a great staff and that Council's charge has been set for them.
Mayor Pro Tern Bromberg thanked his wife for putting up with all the time it
takes to be on Council. He stated that he never thought he would ever be on
Council in his wildest dreams, but noted that someone is only on the City
Council in Newport Beach if they are dedicated to the City and truly want to get
something accomplished.
H. NOTICE TO THE PUBLIC
I. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL
• MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM):
• Council Member Proctor reported that the Orange County Regional
Airport Association (OCRAA) passed a resolution regarding the Great
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December 11, 2001 INDEX
• Park and its economic costs and asked each city to consider adopting
the same resolution. He requested that this be placed on the next
agenda since the City is a member of OCRAA.
• Council Member Glover stated that she has been working with General
Services Director Niederhaus about possibly increasing the trimming of
the mature City trees and requested that this be placed on a future
agenda.
• Mayor Pro Tem Bromberg announced that the Little Balboa Island
Property Owners Association will be presenting a flag to the Fire
Department at the Balboa Island Fire Station on Saturday, December
15 at 10:00 a.m. in honor of the firefighters, as well as the firefighters
who have lost their lives.
• Mayor Ridgeway requested an origin and destination study on all
traffic in order to understand why the City has so much traffic during
the peak hours when the City has actually reduced the allocable trips
in terms of land use. He asked that this be made part of the visioning
process.
J. CONSENT CALENDAR
READING OF MINUTESIORDINANCES AND RESOLUTIONS
• 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF NOVEMBER 27, 2001. Waive reading of subject
minutes, approve as written and order filed.
Council Member Adams abstained from voting on this item.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive
reading in full of all ordinances and resolutions under consideration,
and direct City Clerk to read by title only.
ORDINANCE FOR INTRODUCTION
3. Removed at the request of Council Member Glover.
4. Removed at the request of Council Member Glover.
ORDINANCE FOR ADOPTION
5. ORDINANCE EXTENDING NON - EXCLUSIVE FRANCHISES
Ord 2001 -23
WITH ADELPHIA & COX CABLE COMMUNICATIONS. Adopt
Adelphia and Cox
Ordinance No. 2001 -23.
Cable (42)
RESOLUTIONS FOR ADOPTION
• 6. RESOLUTION RECITING THE FACT OF THE SPECIAL
Res 2001 -95
MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 20,
Special Municipal
2001, DECLARING THE RESULT AND OTHER SUCH MATTERS
Election Results
AS PROVIDED BY LAW. Adopt Resolution No. 2001.95.
(39)
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• 7. RESOLUTION AUTHORIZING THE INSTALLATION OF STOP
Res 2001 -96
SIGNS ON FORD ROAD AT NEWPORT HILLS DRIVE EAST.
Stop Signs on
Adopt Resolution No. 2001 -96 requiring all traffic on Ford Road to stop
Ford Road
at Newport Hills Drive East.
(85)
8. APPROVAL OF RESOLUTIONS FOR REQUESTING STATE
Res 2001 -97
PARK BOND FUNDS. Adopt the following resolutions for application
Res 2001 -98
of grant Funds under the Safe Neighborhood Park Clean Water, Clean
Sate Park
Air and Coastal Protection Bond Act of 2000: 1) Resolution No. 2001 -97
Bond Funds
for grant funds for the Per Capita Grant Fund in the amount of
(62)
$685,000; and 2) Resolution No. 2001- 98 for grant funds for the
Roberti- Z'Berg- Harris Urban Open Space and Recreation Grant in the
amount of $220,120.
9. JWA SETTLEMENT AGREEMENT EXTENSION GENERAL
Res 2001 -99
PLAN AMENDMENT (PA 2001 -222). Adopt Resolution No. 2001 -99
GPI 2001 -003
initiating the General Plan Amendment (GPI 2001 -003).
(45)
10. Removed at the request of an audience member.
CONTRACTS AND AGREEMENTS
11. Removed at the request of Council Member Glover.
12. AUTOMATIC AID AGREEMENT FOR FIRE, RESCUE AND
C -3498
EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF
.
Automatic Aid for
NEWPORT BEACH AND THE CITY OF LAGUNA BEACH.
Fire, Rescue and
Approve the subject agreement and authorize the Mayor to execute the
Emergency Medical
agreement.
Services (38)
13. BALBOA PIER PARKING LOT RESURFACING. 1) Authorize the
C -3333
resurfacing of the Balboa Pier Parking lot to be included within the
Balboa Pier
scope of work for the Balboa Village Improvement Project (C- 3333); and
Parking Lot
2) authorize the City Manager to execute Change Order No. 1 with
Resurfacing
GCI Construction, Inc., in the amount of $195,135 for this work.
(38)
14. CITY FACILITY LIGHTING RETROFIT - AWARD OF
C -3477
CONTRACT (C- 3477). 1) Approve the plans and specifications;
City Facility
2) award the contract (C -3477) to Sylvania Lighting Services for the
Lighting Retrofit
total bid price of $122,568.40 and authorize the Mayor and the City
(38)
Clerk to execute the contract; and 3) establish an amount of $12,000 to
cover the cost of unforeseen work.
15. DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND
C -3394
STREET REHABILITATION FROM CLIFF DRIVE TO WEST
Dover Drive Zone II
COAST HIGHWAY - AWARD OF CONTRACT (C- 3394).
Water Main
1) Approve the plans and specifications; 2) award the contract (C -3394)
Replacement and
to Albert W. Davies for the total bid price of $770,931 and authorize the
Street Rehabilitation
Mayor and the City Clerk to execute the contract; and 3) establish an
(38)
amount of $50,000 to cover the cost of unforeseen work.
•
16. POLLUTION LEGAL LIABILITY RENEWAL. Approve the renewal
Pollution Legal
of the pollution legal liability insurance coverage with Greenwich
Liability Renewal
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December 11, 2001 INDEX
• Insurance for the policy period 12/1/01 to 12/1/04 for the quoted
(47)
premium of $296,912.
MISCELLANEOUS ACTIONS
17. ACCEPT THE OFFER OF DEDICATION FOR PARCELS A, C,
Offer of Dedication/
AND D ON PARCEL MAP NO. 98 -204 (FREEWAY
Freeway Reservation/
RESERVATION) AND LOTS 5, PP, QQ, RR, AND SS OF TRACT
Bonita Canyon Parcel
NO. 15317 (BONITA CANYON PARCEL). 1) Accept the offer of
(TT 15317)
dedication of Parcels, A, C, and D on Parcel Map No. 98 -204 (Freeway
Reservation) and Lots 5, PP, QQ, RR, and SS of Tract No. 15317
(Bonita Canyon Parcel); and 2) authorize the City Manager and City
Clerk to accept the offer of dedication; and direct the City Clerk to have
the document recorded in the Office of the Orange County Recorder.
18. BEACH RESTROOM CLEANING. Receive and file.
Restrooms (44)
19. BUDGET AMENDMENT IN THE AMOUNT OF $56,470 TO
BA -024
INCREASE REVENUE ESTIMATES AND EXPENDITURE
Library Services
APPROPRIATIONS DUE TO RECEIPT OF A FEDERAL
to Seniors
LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) GRANT
(40/50)
FOR LIBRARY SERVICES TO SENIORS. Approve BA -024.
20. APPROVAL OF RECOMMENDATIONS FOR PROPOSED
C -3333
ACTIONS TO ASSIST BALBOA VILLAGE BUSINESSES AND
Balboa Village
RESIDENTS DURING CONSTRUCTION OF IMPROVEMENTS.
•
Improvement
Approve and implement staff recommendations.
(38)
S31. MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
C -3500
CITY AND THE IRVINE COMPANY REGARDING SENIOR
Senior Affordable
AFFORDABLE HOUSING ON LOWER BAYVIEW LANDING.
Housing
Authorize the Mayor to execute the MOU.
(38)
Motion by Mayor Pro Tern Bromberg to approve the Consent Calendar,
except for those items removed (3, 4, 10 and 11), and noting Council Member
Adams' abstention on Item No. 1.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
K. ITEMS REMOVED FROM THE CONSENT CALENDAR
3. ORDINANCE RELATING TO THE PROTECTION OF NATURAL
Ord 2001 -24
HABITAT FOR MIGRATORY AND OTHER WATERFOWL;
Migratory and
• PROHIBITION ON INCUBATION, FEEDING.
Other Waterfowl/
Incubation/Feeding
Council Member Glover reported that, when she was Chair of the
(51)
Harbor Quality Committee, they tried to get this approved but were not
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INDEX
• successful. She believed that it is appropriate not to feed the waterfowl
anywhere because the City is spending millions of dollars cleaning the
bay and noted that the National Pollutant Discharge Elimination
System (NPDES) will be very strident. She stated that it seems that
the staff report prohibits some people from feeding birds while others
are allowed. Assistant City Manager Kiff stated that Section
7.26.010.F allows incidental feeding since the prohibition is oriented
toward large scale feeding. Council Member Glover noted that Council
will be voting later tonight on legislation relative to the NPDES and
expressed the opinion that it would be hypocritical to support that and
not support a complete non - feeding ordinance.
Council Member Proctor believed that incidental or de minimus feeding
was aimed so children would not be cited if they fed waterfowl. City
Attorney Burnham indicated that it is not limited to children, but
agreed that the section is trying to exempt feeding that does not alter
the natural habitat or environment of waterfowl. Council Member
Proctor asked if this runs the risk of being overbroad if incidental or de
minimus was not included. Mr. Burnham stated that the City may
potentially have an enforcement problem.
Mayor Pro Tern Bromberg stated that he started this process, noting
that he serves on the Harbor Quality Committee with the Mayor. He
indicated that he had a concern that a ban on all feedings would turn
• into an overbroad ordinance and be subject to attack. He added that
there may also be vagueness and enforcement issues. He expressed the
opinion that this allows a person to feed ducks with a handful of food
because it is not going to impact the migration and health of the
waterfowls or the neighborhoods that the waterfowls inhabit.
Motion by Mayor Pro Tem Brombere to introduce Ordinance
No. 2001 -24 and set for second reading and adoption on January S,
2002.
Jim Hildreth, 120 The Grand Canal, believed that a lady on the Grand
Canal is being singled -out because she likes feeding ducks. He stated
that the lady should be encouraged to do something other than feed the
ducks and that she should not be punished. He asked if people will be
fined for throwing down a piece of bread while having coffee at
Starbucks since it will eventually enter the waterway.
Eric Landao stated that he is representing Mrs. Lockland, Edward and
Mary Waters, and his family. He believed that the ordinance,
specifically Section 7.26.030, is vague because incidental or de minimus
feeding is not defined. He expressed concern that the ability to enforce
this ordinance is jeopardized. He stated that a handful of feed is not
the issue since an entire busload of people can equal 30 handfuls of
feed. He indicated that he understands that a few people will not be
able to feed the waterfowl, but believed that this is a small price to pay.
• He stated that he endorses a complete prohibition.
Don Smith, 211 Grand Canal, stated that he lives four doors away from
Mrs. Justin who has been feeding the ducks for years and encouraged
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December 11, 2001
INDEX
Council to walk past her house. He stated that the ducks sit on his
boat, make a mess on the boat and dock, lay eggs in the planters, and
carry diseases. He believed that Mrs. Justin is the person most
responsible for domesticating the ducks since she buys feed in 50 pound
bags and provides water on a regular basis. He stated that it is
incumbent upon the City to do something about this and that the
ordinance is overdue.
Mike Buettell, 307 Grand Canal, stated that his grandfather built his
house in 1948, he has been visiting the area since then, and he and his
wife have been fulltime residents since 1979. He indicated that he may
be guilty of the duck problem since his sister got a couple of the white
ducks for her birthday in 1960. He stated that he does not have a
problem with a few ducks or people feeding the ducks occasionally;
however, he believed that the situation in the 200 block of the Grand
Canal is deplorable. He agreed with Mr. Smith and encouraged anyone
to walk through that block, believing that it is a disgrace to Balboa
Island. He pleaded with Council to adopt the ordinance since it
addresses the problem.
Jack Skinner, 1724 Highland Drive, stated that he has been interested
in the bay's water quality since 1983. He indicated that the Orange
County Health Department will be testing the bay on Monday at 35
locations to measure the bacterial counts. He stated that the County is
• concerned because the test cannot distinguish whether the high count
is due to ducks or humans. He reported that new tests this year might
be able to distinguish this but the tests are not going to be used to
determine whether a beach should be posted. He believed that some of
the postings occur because of duck waste. He named a few of the
illnesses that can be spread from animals to humans and expressed
hope that Council approves the recommendation.
Al Silcock, 9 Balboa Coves, stated that this is not just a Grand Canal
issue. He indicated that he could view at least 100 ducks to the left of
his home. He stated that Channel Place Park is to the right of his
home and is in one of the most contaminated areas of the bay. He
noted that during the summer and after ducks are fed, the
contaminated water washes past his home to Channel Place Park. He
emphasized that his concern is for the children that use the park, He
expressed his support and requested that Council approve the
ordinance tonight.
Rick Warner stated that he lives on Grand Canal and that his family
avoids the 200 block when they go on walks because of the duck mess.
He emphasized that the ducks are unhealthy, carry disease, and kids
ingest the contaminated water. He believed that the Grand Canal
water is probably one of the most polluted waters in Newport Harbor.
He expressed his support of the ordinance and hoped that it clears
away the ducks. He added that, if the ducks did not get fresh water
• daily, they would leave the area. He pointed out that the ordinance can
be amended later if it does not work.
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December 11, 2001
• Nancy Skinner stated that it is time for this ordinance, noting that the
Harbor Quality Committee has worked on this issue for a long time.
She stated that the ordinance is for the people, children, swimmers,
and even for the ducks.
Council Member Heffernan reported that his two sons are members of
the Junior Lifeguards and that they were required to get Hepatitis -A
shots during their annual physical because they swim in the bay and
the ocean. He noted that there are 1,200 Junior Lifeguards and a lot of
children that swim in the bay. He asked what has been allowed in the
City that requires the children to get this shot, pointing out that they
are not going to a foreign country. He stated that this is a wakeup call
for the City. He emphasized that the City has a lot of businesses, but
will have 75,000 residents when the annexation of Newport Coast is
complete. He added that Council has to take affirmative action when
there is a congested environment, especially since the City is at the end
of the pipe for the region. He stated that, if Council has to take care of
the ducks or take stern action with the local sewer plant and storm
drain runoff, it better do it. He indicated that the City should start
changing people's behavior or the quality of life will suffer. He stated
that the City should deal with its water issues because Hepatitis -A has
no place in the City.
Noting that people do not want the ordinance amended, Council
• Member Glover stated that she intends to bring this back because the
NPDES regulations are going to be extremely strident on all of the
residents and businesses in order to clean the bay. She asked if Council
was interested in prohibiting providing waterfowl with fresh water.
Council Member Proctor stated that residents have called him,
believing that the ordinance should include all birds. He noted that the
proposed ordinance deals with ducks, gulls, terns, and pelicans. Mayor
Ridgeway indicated that this was discussed by the Harbor Quality
Committee and noted that pigeons are not migratory birds.
Mayor Ridgeway emphasized that the ordinance is not directed toward
any person or area of the harbor, but is designed to prevent problems.
The motion carried by the following roll call vote:
Ayes:
Heffernan, O'Neil,
Ridgeway
Noes:
None
Abstain:
None
Absent:
None
4. PROPOSED HARBOR
Bromberg, Glover, Adams, Proctor, Mayor
Council Member Glover asked why Harbor Commissioners cannot be
• appointed now, rather than waiting a year. Senior Planner Alford
stated that one of the recommendations is to extend the Ad Hoc Harbor
Committee for another year. He stated that the Harbor Commissioners
can be appointed through the normal Council Policy process.
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INDEX
Ord 2001 -25
Harbor Commission/
Harbor Committee
(24)
C I
City of Newport Beach
City Council Minutes
December 11, 2001
INDEX
Motion by Council Member Glover to 1) introduce the Ordinance
establishing the Harbor Commission and pass to second reading on
January 8, 2002; and 2) adopt the Resolution directing the Harbor
Committee to provide advice and orientation to the newly appointed
Harbor Commission and extending the term of the Harbor Committee
to 2003.
Nancy Skinner asked why the City needs a Harbor Commission when
the Harbor Committee can do these things, except make some permit
decisions.
John Corrough, 1004 S. Bayfront, Chair of the Ad Hoc Harbor
Committee, stated that the Committee surveyed cities along the
coastline and discovered that Newport Beach is the only city in the
State with a harbor but no Harbor Commission. He explained that this
is significant when they go to the County, State, or Federal government
requesting funds, cooperation, or standing for dredging and water
quality issues. He stated that there is a sense that having a
commission or board working on an issue is seen differently than if it
was just an ad hoc committee. Mr. Corrough pointed out that this was
not something the Committee felt they needed to do, but was something
that has to be done in order to have the standing with outside agencies.
He added that he has even heard this from politicians and agencies.
• In response to Council Member Glover's questions, Mr. Corrough stated
that there is a split feeling on the Committee about why the City would
need to continue the Committee when a Commission is going to be
created. He reported that the idea behind it is to have a transitional
period since there are a number of issues that need continuity. He
indicated that he is not sure how long the Committee should stay in
place after the transitional period.
City Attorney Burnham suggested that a provision be added that
extends the Committee's term for a year or until Council takes action
sunsetting the Committee. He indicated that sunsetting can also be
automatic in a year. Mayor Ridgeway noted that the Committee,
according to the staff report, is under the auspices of the Commission,
not Council.
Seymour Beek, 528 S. Bayfront, former Chair of the Ad Hoc Harbor
Committee, stated that he has been on the Committee for almost three
years and that there are a lot of great people on it. However, he
indicated that the Committee has moved slowly, has about 20 members,
and the attendance rules are not strict. He believed that many issues
need to be addressed, but the Committee is not getting to them fast
enough. Further, he felt that a Commission may be better suited to
handle some of the issues. He expressed the opinion that the harbor
and bay are the most important assets that the City has, deserves the
best effort and attention, and deserves a Commission.
• Council Member Adams indicated that he did not hear a case for
keeping the Committee.
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December 11, 2001
• Substitute motion by Council Member Adams to introduce the
Ordinance establishing the Harbor Commission and pass to second
reading on January 8, 2002.
Mayor Ridgeway directed the City Clerk to begin advertising in order
to get applications prior to the adoption of the ordinance. City Clerk
Harkless indicated that the advertising process can begin with the
indication that it is contingent upon the ordinance being adopted. She
reported that the ordinance would go into effect on February 7, 2002.
Amended substitute motion by Council Member Adams to
introduce Ordinance No. 2001 -25 establishing the Harbor Commission
and pass to second reading on January 8, 2002; direct that the Ad Hoc
Harbor Committee be sunsetted when the Harbor Commission is in
effect; and direct the City Clerk to begin advertising.
The amended motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
• 10. EMPLOYEE POLICY MANUAL.
Robert Foster, Chair of the Civil Service Board, stated that he wanted
to make sure the public is aware of the eight year effort that has gone
into generating the Employee Policy Manual. He showed the volume of
material that has been looked at by all department heads, key
employees, and bargaining units, adding that the end product effects
every City employee. He provided Council and the City Manager with
a commemorative, humorous cover for the Manual. He thanked the
Civil Service Board for all their effort and Council for their time and
participation during a previous Study Session.
City Attorney Burnham reported that the Newport Beach Police
Employees Association and the Police Management Association are
requesting that the second sentence of Section 3.11.A be eliminated.
He indicated that, with this amendment, the two associations support
approval of the Manual.
Motion by Council Member O'Neil to adopt Resolution No. 2001 -100
approving the Employee Policy Manual, as amended.
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INDEX
Res 2001 -100
Employee
Policy
Manual
(66)
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor
Ridgeway
•
Noes: None
Abstain: None
Absent: None
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INDEX
Res 2001 -100
Employee
Policy
Manual
(66)
•
•
•
City of Newport Beach
City Council Minutes
December 11, 2001
11. VESSEL TRANSFER AGREEMENT — ORANGE COUNTY
COASTKEEPER.
Council Member Glover stated that she has asked the City Manager to
provide her with more information.
Motion by Council Member Glover to continue this issue to the
January 8, 2002, Council meeting.
In response to Council Member Heffernan's questions, Assistant City
Manager Kiff stated that he worked on this with the City Attorney and
brought it before Council because he felt the item was ready for
consideration.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Glover, Adams, Proctor
Noes: Bromberg, Mayor Ridgeway
Abstain: None
Absent: None
In response to Council Member Adams' question about a deadline,
Mr. Kiff stated that the Orange County CoastKeeper is in the process of
retrofitting the boatyard and has research they would like to begin.
L. PUBLIC COMMENTS
Jim Hildreth, 120 The Grand Canal, started explaining how his leg was
broken in a hit and run accident. City Attorney Burnham clarified that
public comments are limited to matters within the subject matter
jurisdiction of the City Council.
Allan Beek stated that all of the City's registered voters received a
Newport Coast annexation questionnaire from him. He indicated that
he received 1,543 cards back and that the result was basically even. He
stated that he sees a competent, informed, and dedicated Council;
however, he is conflicted because the City is holding a visioning process
that costs $500,000 to find out what the residents think, but will not
spend $4,000 to find out what they think about the annexation. He
noted that there are others that have differing views from Council and
that Council is treating its residents with a "father knows best"
attitude. He believed that this is the same message they got from the
Greenlight and Measure G votes, adding that the people want to be
asked and treated like adults.
Mayor Ridgeway stated that the City cannot legally ask for a vote, even
an advisory vote, relative to annexation. City Attorney Burnham
confirmed that there is a case that prevents a city from adopting an
ordinance requiring a citywide vote on annexation as a determining
factor as to whether an annexation proceeds. Further, there is a
complex statutory scheme that governs the processing of annexations
because it is a matter of Statewide concern. Mayor Ridgeway pointed
out that this Council decided not to have an advisory election because
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C -3497
Vessel Transfer/
Orange County
CoastKeeper
(38)
•
City of Newport Beach
City Council Minutes
December 11, 2001
INDEX
of that case law. He indicated that this was previously explained to
Mr. Beek and added that nothing Council has done is incompatible with
good judiciary duties and obligations.
Mayor Pro Tem Bromberg stated that he disagrees with Mr. Beek's
"father knows best" statement. Noting that only 1,500 of the 47,422
registered voters responded to Mr. Beek's mailing, he believed that
many of those 1,500 people would probably not go to the ballot boxes to
vote on this issue. He expressed the opinion that Council acted
appropriately. He noted that residents have always wanted to be kept
informed and have a say in what is happening in the City, pointing out
that this is what is happening with the Visioning Festival.
Council Member Adams stated that the bigger issue is that Council is a
representative form of government and that the citizens do not vote on
everything that happens because Council is elected to make decisions.
He emphasized that everyone on Council was elected with the platform
that they supported annexation.
Mayor Ridgeway stated that Council is very cooperative and
participative, and believed that Council represents the citizens at -large
well. He indicated that everyone has access to their Council Member
and can get the telephone number from the City Clerk's Office. He
believed that this City has one of the most open and participatory
Councils in the County. Mayor Ridgeway thanked Mr. Beek for
• bringing in the responses, adding that he has always been honest and
straightforward.
Council Member Heffernan believed that, when the City is going to
annex an area that is within its sphere of influence, it tends to be in
reverse order. He explained that The Irvine Company first goes to the
County to plan Newport Coast, and then the City annexes the area. He
indicated that Banning Ranch is being done the same way and that this
has also happened at Bonita Village, outside the Port Streets, and
Newport Coast. Mayor Ridgeway emphasized that the process is open
to the public and citizens have the right to attend those hearings. He
added that staff and the City Attorney have seen the Environmental
Impact Reports and are allowed to respond to them.
Council Member Glover stated that, since she was on the Planning
Commission for five years and Council for seven years, her telephone
number and address have been in the telephone book. However, when
she tries to contact other council members from other areas, she cannot
get those numbers. She believed that the City has the most open City
Council when it comes to published phone numbers and indicated that
other council members are surprised to find out that people call her
house or visit her home.
Mayor Ridgeway stated that Council is very accessible and that the
. process works great. He emphasized that the tension created by the
respectful differences of opinion are appreciated by this Council as it
helps the debate and dialogue that occurs between citizens and Council.
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City Council Minutes
December 11, 2001
• • Gay Wassall - Kelly, 409 E. Edgewater, President of the Balboa
Merchant Owners Association (BMOA), reported that their website was
launched today (balboanewportbeach.com) which includes a history of
Balboa, merchants listing, maps, temperature, special events, and
contacts. Mayor Ridgeway confirmed for Council Member Adams that
there is a link to this website from the City's webpage.
Ms. Wassall -Kelly announced that the BMOA will be having a party
aboard the Catalina Flyer on Thursday, December 13. She stated that
the event is $30, the Tale of the Whale will be serving a buffet dinner,
and people can call 673 -3014 for tickets.
Ms. Wassall -Kelly reported that the revitalization and beautification is
occurring in this area and noted that there are parking problems. She
requested that the pier parking lot be open Monday to Thursday for
free. Mayor Ridgeway announced that the Palm Street parking lot is
being opened for free to two hour parking. She also requested that the
meters be bagged on Bay Avenue. Public Works Director Badum
reported that Item No. 20 proposes to remove all the meters in the
public streets and parking lots during the improvements. Mayor
Ridgeway added that parking stalls will be created on Main Street,
between the parking lot and Balboa Boulevard.
M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
• Council Member Heffernan announced that he is the Chair of the
Telecommunications Committee which deals with the extension of the
two cable company franchise agreements. He indicated that there was
a problem with the provider of ®Home, but announced that they are
back online and have worked out Excite's bankruptcy problems. He
believed this will not stand in the way of the agenda item tonight.
• Mayor Pro Tem Bromberg announced that he is the Chair of the
Council Redistricting Committee and that Council discussed this issue
during today's Study Session. He stated that this will be on the agenda
for the January 8, 2002, Council meeting.
N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
21. PLANNING COMMISSION AGENDA FOR DECEMBER 6, 2001.
Assistant City Manager Wood stated that the Planning Commission's
first item dealt with the Cannery Lofts and involves a subdivision, site
plan review, use permit, and possibly an encroachment permit. She
reported that this was the first of two public hearings that they will
hold on the project. She stated that they received an excellent
computerized presentation from the applicant that helped the
Commission and the public understand the project. She indicated that
the Commission took testimony, asked questions, and requested
• additional information along with responses to comments on the
environmental document for their January 17, 2002, meeting.
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Planning
(68)
City of Newport Beach
City Council Minutes
December 11, 2001
• Ms. Wood reported that Item 2 (1811 Quail Street) was recommended
for approval and will be on Council's agenda on January 8, 2002.
Regarding Item 3 (Manufactured Housing Code Amendment Hearing),
she stated that this will give the City additional authority to regulate
the appearance of manufactured homes. She indicated that the
Commission recommended approval and reported that this will be on
Council's agenda on January 8, 2002.
Regarding Item 3, Ms. Wood reported that Council approved the
initiation of a General Plan Amendment earlier this evening related to
the John Wayne Airport Settlement Agreement.
Ms. Wood indicated that the Commission also considered a few minor
findings of conformance with earlier approvals and some appeals from
staff matters.
Council Member Heffernan announced that he has a conflict of interest
since he represented the Cannery Lofts applicant on the purchase of
the property. City Attorney Burnham indicated that Council Member
Heffernan can be in the room during discussions, but cannot participate
in the decision.
Motion by Mayor Pro Tern Bromberg to receive and file the written
report.
isThe motion carried by the following roll call vote:
Ayes: Heffernan,
Ridgeway
Noes: None
Abstain: None
Absent: None
O. PUBLIC HEARINGS
O'Neil, Bromberg, Glover, Adams, Proctor, Mayor
22. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT
ANNUAL RENEWAL PUBLIC HEARING AND LEVYING OF
ASSESSMENTS FOR 2002 FISCAL YEAR.
Senior Planner Berger reported that this would be the seventh year
that the Marine Avenue Business Improvement District (BID) has been
renewed. He noted that the staff report highlights the numerous
accomplishments the BID has made over the year and that they are
proposing similar marketing, advertising, public relations, and
maintenance activities for 2002. He announced that no protests have
been received at this time.
Mayor Ridgeway opened the public hearing.
• Kathy Wales, 337%2 E. Bayfront, President of the Marine Avenue BID,
thanked Council on behalf of the Marine Avenue business owners. She
reported that the funding helps them advertise, and become members
of the Chamber of Commerce and Anaheim's Visitors Bureau. Further,
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INDEX
Res 2001 -101
Marine Avenue
Business
Improvement
District
(27)
City of Newport Beach
City Council Minutes
December 11, 2001 INDEX
• it assists in printing brochures that go into 400 hotels as an outreach
program to encourage people to visit Balboa Island. She stated that the
BID also conducts regular sidewalk cleanings. She reported that they
have an annual parade with the help of the Chamber, Balboa Island
Improvement Association, Little Balboa Island Association, and the
Business Association.
Hearing no further testimony, Mayor Ridgeway closed the public
hearing.
Motion by Mayor Pro Tem Bromber¢ to adopt Resolution of
Confirmation No. 2001 -101 to renew the BID for the 2002 Fiscal Year
since the protests represented less than 50 percent of the total
assessment amount.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
23. NEWPORT BEACH RESTAURANT BUSINESS IMPROVEMENT
Res 2001 -102
DISTRICT ANNUAL RENEWAL FOR 2002 FISCAL YEAR.
Restaurant
•
Business
Senior Planner Trimble stated that the staff report highlights the
Improvement
Restaurant Business Improvement District's (BID) long list of
District
accomplishments. He emphasized that restaurants are a key industry
(27)
to the City and that the President of the BID appreciates the City's
support. He announced that no protests have been received.
Mayor Ridgeway opened the public hearing. Hearing no testimony,
Mayor Ridgeway closed the public hearing.
Motion by Council Member O'Neil to adopt Resolution No. 2001 -102
confirming the Newport Beach Restaurant Business Improvement
District for the 2002 Fiscal Year since the protests represented less
than 50 percent of the total assessment amount.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
24, PUBLIC HEARING - REVOCATION OF MOORING PERMIT.
Mooring Permit
(51)
Harbor Resources Division Director Melum reviewed the staff report
and utilized a PowerPoint presentation and handouts to show the
inoperable vessels in Moorings A -275, J -82, and K -18. He reported that
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December 11, 2001
• the City contracts with the Orange County Sheriffs Harbor Patrol to
conduct mooring administration. He indicated that, since the cost of
offshore moorings is less than slip fees in Newport Harbor, the City has
acquired a colorful fleet of boats that have undergone poor
maintenance, sunk, or discharged chemicals into the harbor.
Mr. Melum reported that Council revised the mooring ordinance to
require, at a minimum, that offshore mooring vessels demonstrate that
they are operable and seaworthy. He indicated that the Harbor Patrol
identifies boats that appear to be inoperable or unseaworthy, notifies
the vessel owner that an inspection is needed, and the owner must
commence repairs within 30 days after the inspection and must
complete the repairs in 90 days. He pointed out that the Municipal
Code allows for the revocation of the mooring, removal of the vessel,
and a reassignment of the mooring to another permittee if the owner
does not allow the inspection or complete the repairs.
Mr. Melum reported that, since 1999, over 150 vessels have been
cleaned up and 25 to 30 vessels have been removed. He stated that 66
boats were identified this year as potentially being unseaworthy or
inoperable. He stated that the Harbor Patrol sent out two notices
indicating that the vessel had been identified as being unseaworthy or
inoperable, and they needed to conduct an inspection. Since they
received no response 60 days after the notice was sent, he stated that
. the Harbor Patrol referred the item to the City for revocation. He
reported that the letters are in the individual mooring files, were sent
first class, and added that it is their assumption that the mooring
owners received the letters since they were not returned to the City.
Mr. Melum reported that, on November 11, the City sent three mooring
owners letters that the revocation proceedings were moving forward.
He indicated that it is their assumption that they also received these
letters since they were not returned.
Mayor Ridgeway noted that Council received a copy of an email from
the K -18 mooring owner. Mr. Melum indicated that he also received a
copy. He stated that the Harbor Patrol files indicate that the owner
was sent at least two letters to his billing address that were not
returned. Further, an additional letter was sent informing him of the
meeting. He stated that their assumption was that he was not showing
a willingness to comply since he has not responded to the notices.
Mr. Melum reported that neither the Harbor Patrol nor the Harbor
Resources Division have inspected the inside of the vessels. He read
the Harbor Patrol's field notes relative to K -18 which states that the
vessel has heavy bottom growth, no boom, excessive bird droppings,
and no engine. He stated that this triggered the need for a follow -up
inspection, noting that they still have not heard from the boat owner.
He added that the field notes for J -82 states that the vessel had no sail,
no motor, and heavy bottom growth. The field notes for A -275 states
• that the vessel was unseaworthy, an eye sore, and there was evidence
of long term disuse. He stated that he spoke to the vessel owner who
indicated that the vessel is inoperable and has been for some time.
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City of Newport Beach
City Council Minutes
December 11, 2001
INDEX
• Mr. Melum reported that Council's options, per the Municipal Code, are
to revoke the mooring, conditionally revoke the mooring, or refuse to
revoke the mooring. He believed that, due to the lack of response, the
moorings should be revoked. He reported that the mooring permittee
would have 30 days to remove the boat from the harbor or the City will
impound the boat which may be sold after a certain amount of time. He
indicated that the mooring will then be reassigned.
Regarding K -18, Assistant City Manager Kiff recommended that
Council authorize the revocation after 30 days since the owner feels he
can be in compliance in a few days. He noted that the mooring will be
revoked after 30 days if he does not comply and that this will not need
to come back to Council for action. Mr. Melum explained that the
vessel owner has to demonstrate that the boat is operable and
seaworthy, which requires him to get the vessel to the Harbor Patrol for
an inspection under its own power. Mr. Kiff noted that the mooring
owner is present tonight.
Mayor Ridgeway opened the public hearing.
John A. Brelin stated that he is the ownerloperator of Anchor Mooring
Company and the owner of the vessel in Mooring A -275. He indicated
that he has always responded to notices from the City or the Sheriffs
Department and showed his file. He noted that the letter regarding A-
• 275 was written November 16, but postmarked November 21. He
stated that, because of an ongoing problem with another mooring, he
assumed the letter pertained to the other mooring since Mooring A -275
was not specified. He indicated that Mr. Melum called him on
December 5 to inform him that the problem was with the vessel in A-
275. He stated that he understands that the mooring can be
confiscated if he does not comply with the regulations. He reported
that the vessel was built in 1960 and has five fuel tanks that are
connected through the bilge by copper tubing. He indicated that the
copper tubing broke and about 800 gallons of diesel fuel went into the
bilge. He noted that the vessel does not look like the picture that is
being shown as it has been completely repainted. He reported that, in
order for the vessel to be operable, all the diesel fuel and salt water
would need to be removed, adding that he has no idea what is involved
in doing this but believed it would be a considerable expense. He
pointed out that his only source of income is the Anchor Mooring
Company which only supplies him with the basics for living. He stated
that he has never had a problem like this before, has been gainfully
employed, does not have a criminal record, and is a good citizen. He
hoped that he can have enough time to correct the problem. He asked
what he is supposed to do with the vessel if he loses the mooring.
In response to Council questions, Mr. Brelin indicated that the vessel
has not been out of the water, has not had bottom cleaning for over a
• year, has a single diesel engine, and is 52 feet long. He reported that
none of the fuel escaped from the vessel. He stated that, if he had the
money to make the boat operable, it could take a week; however, for
him to do it himself, it would take months. He indicated that he had
planned to retire on the boat, there is now a net over the entire vessel
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December 11, 2001
• to protect it from bird droppings, the engine has not been fired up in
more than a year, there is an air start on the diesel engine, and the
boat has not left the mooring in about ten years. He stated that, if this
had not come up before Council, he intended to make the vessel
operable and livable when he retired. Mr. Brelin submitted photos that
showed some of the repairs he had made to the vessel.
Mr. Kiff reiterated that he recommends a 30 day timeframe to revoke
the moorings, contingent upon the Sheriffs Department confirming
that the vessels are operable.
Dennis McNett, 942 3rd Street, Hermosa Beach, stated that he is the
owner of K -18. He indicated that he did not know about the letters as
he has been separated from his family for almost a year and proceeded
to read an email he sent to his sons. He stated that the vessel is a
fiberglass boat, uses an outboard motor, and has a sail under the cover.
He believed that he can conform within 30 days. He noted that he has
had the vessel and mooring for over 30 years and that this is the first
time he has been cited. He reported that he was notified of the problem
at 10:40 p.m. last night and that he cannot afford the boat without the
mooring. He indicated that the boat was last used 1%: to 2 years ago,
explaining that his mother has Alzheimer's and that he has been taking
care of her until recently.
• Jim Hildreth, 120 The Grand Canal, stated that he is surprised this is
being done during the wintertime and suggested trying to remedy this
during the summer. He suggested assisting these people if they are
destitute, contacting a boat owners association, or having people donate
money to assist them. He believed they should not be punished for
wanting to have a boat while having problems that are out of their
control. Mayor Ridgeway clarified that the gentlemen did not say they
were destitute.
Karter Ford, 1 Encore Court, stated that he just learned about the
proposed action to K -18 and called Mr. McNett's sons to inform them of
the situation. He reported that he was on the boat for five hours today
and had a diver under the boat. He stated that the hull is structurally
sound, the diver took off all the bottom growth, and he removed the
bird droppings. He indicated that the boat is operational and that he
requested an inspection today but the Sheriffs Department was not
available. He requested more time in order to get the inspection.
Hearing no further testimony, Mayor Ridgeway closed the public
hearing.
Motion by Mayor Pro Tern Bromber¢ to revoke Mooring Permit J-
82; give Mooring Permit A -275 an extension for 60 days in order to
prove that the vessel is seaworthy and operational; and give Mooring
• Permit K -18 an extension for 30 days in order to prove that the vessel is
seaworthy and operable.
Council Member Proctor noted that the County has dealt with this
issue relative to airplanes and tie -downs since the 1970s, and that the
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•
•
•
City of Newport Beach
City Council Minutes
December 11, 2001
rule is that a plane cannot sit at the airport for 30 days. He stated that
having a boat that has not been off the mooring for ten years is
unconscionable. He believed that the City needs the same type of
enforcement as there is for planes and that a Harbor Commission
should do the enforcing.
Mr. Kiff indicated that Mr. Ford can speak on behalf of Mooring Permit
J -82 and believed that the boat can also be brought into compliance
within 30 days. Mayor Ridgeway noted that the public hearing is
closed and that the vessels are considered derelict boats.
Council Member Adams believed that Council is being more than
lenient, especially when considering the waiting list for the moorings.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
Mayor Ridgeway recessed the meeting at 9:45 p.m. and reconvened the
meeting at 9:55 p.m.
25. CARMELO'S RISTORANTE — USE PERMIT NO. 1908 AMENDED
— 3520 EAST COAST HIGHWAY (contd. from 11/27/01).
Assistant City Manager Wood reported that the appellant, Gary
Martin, has been complaining for years to City staff and some Council
Members about the noise from Carmelo's Ristorante. She indicated
that Mr. Martin lives across Coast Highway from the restaurant and is
not blocked by any other building. She stated that staff has
investigated his complaints and has not found any noise violations.
However, due to the number of complaints, staff brought the item to
the Planning Commission to determine if they should set this matter
for a hearing. Ms. Wood reported that the Commission did not find
sufficient evidence that there are noise impacts that would constitute a
detrimental affect on the neighborhood and cause the Commission to
change the conditions. She indicated that one Commissioner was
absent that evening, which resulted in a 3 -3 vote. The motion failed
and Mr. Martin appealed to Council. She clarified that tonight is not a
hearing to consider whether Council wants to make any changes to the
use permit or to consider revoking it. She stated that tonight's hearing
is to decide whether there is sufficient evidence to set this matter for a
hearing before Council or the Commission. City Attorney Burnham
explained that the evidence Council should consider tonight are the
materials presented to the Commission and testimony tonight. He
added that there should not be any testimony about what has happened
since the date of the Commission hearing. He stated that his
understanding of the 3 -3 vote was that the evidence was insufficient to
sustain a finding that there was any adverse impact or basis for
amending the use permit. He pointed out that, based on the failure of
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UP 1908/
Carmelo's
Ristorante
(88)
•
City of Newport Beach
City Council Minutes
December 11, 2001
INDEX
the vote, the Commission made a finding that there was no basis to
initiate revocation of the use permit.
Mayor Ridgeway opened the public hearing.
Gary Martin, 323 Narcissus, Appellant, stated that Carmelo's
Ristorante was only allowed to play classical music and was required to
close at 11:00 p.m. when he first moved to the City. However, in 1990,
they asked to have a four -piece band and close at 12:30 a.m. during the
week and 1:30 a.m. on the weekends. He indicated that he attended
that meeting and complained that Carmelo's was getting loud and
playing music before they got the permit. He stated that the request
was approved since there were no Police reports on file. He noted that
he was told that Carmelo's would receive its permit on a six month trial
basis but he needed to keep a record by calling the Police Department if
problems occur. He stated that Carmelo's was good for the six months,
but after that, the band started playing outside and the doors and
windows were kept open. Mr. Martin indicated that an officer told him
that Carmelo's was fined $2,500 for different noise violations. He
reported that residents face other problems besides the band, including
fights and drunks that stumble and urinate in the neighborhoods. He
stated that Code Enforcement Supervisor Sinasek conducted a decibel
reading at Carmelo's between 10:00 p.m. and midnight, and came up
with 50 dB; however, the problem occurs between midnight and 2:30
• a.m. He believed that this test needs to be redone during those hours.
Further, he stated that Mr. Sinasek was comparing Carmelo's with the
Bandera Restaurant, but they close at 10:00 p.m. and don't have a
band. He indicated that he got copies of the police reports for the
restaurants in the area and reported that Carmelo's received 200
reports, of which, 114 were for noise complaints; Bandera had five
reports; Five Crowns had four reports; and Quiet Woman had 21
reports.
Mr. Martin indicated that the biggest problem is that Carmelo's does
not close at their required time. He noted that their band played until
1:00 a.m. after the Commission meeting and only quieted down after he
called the Police. He reported that he got 26 petitions from his
neighbors and used a map to show where the residents were located in
relation to Carmelo's. He expressed hope that Council will help find a
solution. He indicated that the drums are a problem and that a decibel
test should be conducted. Further, sound comes out when their door is
opened, noting that New York uses a double door system. He believed
that pushing the hours back would be the best thing for the community.
In response to Mayor Pro Tem Bromberg's questions, Mr. Martin stated
that he has lived in his house for about 14 years. He indicated that he
made about 19 Police calls in 1999, 13 in 2000, and 20 in 2001.
• Ms. Wood announced that Captain Newman is present to talk about the
Police records. Regarding Mr. Sinasek's report, she pointed out that
the staff report (handwritten pages 31 to 34) includes reports from both
of the Code Enforcement Officers who have visited the site.
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December 11, 2001
• Walt Naidus, 418'/1 Narcissus, stated that he has the Police records and
requested that they be made a part of the record. He indicated that
Council must balance the rights of residential owners and occupants
versus the interest of the commercial user. He noted that 114 calls
needed a Police response, believing that these do not include fights,
rapes, assaults with deadly weapons, or grand thefts. He stated that
the common thread in all the reports is that the violations and
disturbances occurred between 11:00 p.m. and 2:00 a.m. and
necessitated a Police response which led to arrests. He indicated that
the reports contained repeated disturbances of the peace and continued
public nuisances by Carmelo's. He pointed out that he felt that all the
complaints that have been made by the neighbors directly adjacent to
Carmelo's. He stated there have been random urine deposits on the
streets and walkways, and broken bottles on public and private
property. Mr. Naidus believed that, as much as Carmelo's may deny
that its commercial activity constitutes a nuisance or disturbance, those
complaining are victims of unwanted late night noise and sleep
disturbance. He expressed the opinion that the only remedy is for
Council to limit the business activity. He stated that it is well
recognized that government can and does limit the use of public and
private property to protect the citizens from unreasonable noise,
pointing out that construction must cease by 7:00 p.m., the last flight
out of John Wayne Airport is 10:00 p.m., the beach is closed at
10:00 p.m., the Vehicle Code restricts vehicle noise, and the Code
• prohibits loud, unreasonable noise (Section 10.28.005). Mr. Naidus
expressed the opinion that the noise and related activities have caused
property values to decrease. He believed that Council should take
action in order to avoid any exposure to the City. He stated that the
right of one property owner should not dominate over the right of
several others who are injured by offensive and unlawful activities,
especially since the owner of Carmelo's is not a residential owner or a
resident of the City. He requested that Carmelo's business and
restaurant receipts be produced so a correlation can be made between
the hours of the noise complaints and the profits and income made from
the sale of food and drinks. He believed that, if the income was slight
during those three hours, restricting their license would not pose a
burden; however, if the income is great, he stated that profits cannot be
placed above the interests of the residents. He stated that Carmelo's
should not be allowed to conduct business after 11:00 p.m. any night of
the week and it is the City's responsibility to cancel or restrict the
permit in order to protect the residents.
In response to Council Member Adams' question, Mr. Naidus reported
that he made one Police call on October 19, 2001, which was the day
after the Planning Commission meeting.
Teri Winton, 322 Marigold, stated that she has been awakened
countless times by Carmelo's during the late hours. She indicated that
. she called the restaurant several times, but nothing happened after
they answered the phone. She stated that this leads her to call the
Police Department. She expressed hope that Council moves back their
hours of operation since they are still open when all the other
restaurants in the area are closed. She stated that the restaurant is too
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December 11, 2001
is loud and the area is filthy in the morning. She asked, if the hours are
cutback, what guarantees the neighbors have that the owner of
Carmelo's will comply with the new rules because she has been out of
compliance for years. She indicated that even if she was fined $2,500,
by staying open a couple of illegal hours every night, she can make
more than that in alcohol sales.
Marcia Chalmers, 415 Narcissus, stated that her front door is about
75 yards from Carmelo's and that she has never heard their music. She
believed that, when you live close to Coast Highway, you will have
noise and distractions anyway. She noted that Carmelo's parking lot is
across the street from her and that she is in the back of CoCo's. She
added that she walked to Mr. Martin's house and still could not hear
the music. She expressed her support of Carmelo's and added that she
does not have a problem with their patrons.
Dr. Hans Linhardt stated that he is a professional engineer and has a
PhD in engineering. He noted that the restaurants in the City are
outstanding and that people should support the unique restaurants,
like Carmelo's, because the other good restaurants closed down. He
stated that the originator of Carmelo's devoted his time to keep the
restaurant going through the 1980s. He emphasized that Carmelo's is
a romantic, elegant restaurant and has some of the best genuine Italian
food around. He indicated that he learned from the owner that people
• were complaining that the restaurant was noisy. Dr. Linhardt stated
that he knows what noise is and that the Council meeting is about
65 dB to 70 dB, while the outside of the restaurant is only 50 dB. He
reported that this meets any Environmental Protection Agency (EPA)
requirement. He reported that the decibel reading is not 50 dB, but
30 dB, for someone that is 350 feet away. He believed that the person
complaining is just one person over the last nine years.
Margaret M. Butt, Laguna Beach, stated that she used to live on
Narcissus. She indicated that she is not against Carmelo's, but is
against noise pollution and wants peace and tranquility. She reported
that she has gotten out of bed at 11:00 p.m. to ask Carmelo's to close
their doors and be respectful of the neighbors. She believed that, if
Council adopted more stringent noise laws, this would be a better
world.
Ann Narse, 505 Orchid, stated that after Bandera Restaurant and the
Quiet Woman closes, people go to Carmelo's. She indicated that you
can hear the noise late at night. Further, people are drunk and she has
witnessed several hit and runs. She stated that the issue is not just
that Carmelo's needs to close at 1:30 a.m. or 2:00 a.m., but believed that
they need stricter guidelines.
Laura Dietz stated that she has a mailbox across the street from
• Carmelo's. She indicated that she has picked up mail after midnight
and noticed on a couple of occasions an enormous amount of noise
emanating from the restaurant. She expressed hope that Carmelo's
realizes that they are part of a community.
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December 11, 2001
• Captain Tim Newman, Newport Beach Police Department, reported
that he pulled the Police data for 1998 -2001. He indicated that there
were four noise related disturbance calls for Bandera Restaurant, six
for Five Crowns, nine for Quiet Woman, and 99 for Carmelo's. He
stated that 75 of the Carmelo's calls were made by Mr. Martin, 11 were
from callers who identified themselves with a different name, and
14 were anonymous calls. He stated that he did not compare these calls
with other restaurants throughout the City who have late hours. He
indicated that, in his experience, the later the hour, the more likely
they will receive noise complaints. He pointed out that this
particularly happens where there are residents in close proximity to
this type of business. Captain Newman reported that there have been
a wide variety of calls, but the calls have mostly been for loud music
from the businesses or cars behind the businesses, or from patrons
talking loudly.
Judie Manto, 3520 E. Coast Highway, owner of Carmelo's, stated that
they have been in business for about 22 years. She noted that there are
100,000 unemployed individuals in California right now and believed
that Mr. Martin would like to add more to that number. She stated
that she wants to comply with the rules, especially after it has been
brought to her attention. She reported that the complaints brought
before the Commission have been attended to; her business has
increased over the years; and the President has even asked that people
• go out and have a good time. Ms. Manto noted that Mr. Martin's calls
started nine years ago in which he would call, swear, and then hang up.
She stated that she has repeatedly asked him to see what they were
about and even went to his house to test the decibels. She emphasized
that she wants to keep the jobs for those who work with her since most
have been with her for close to 20 years.
Ms. Manto reported that she and her daughter had to make a decision
after her husband passed away whether to sell or keep the business,
but decided that the right thing to do was to keep the restaurant and
work hard. She indicated that she is not sure if it bothers people in the
community because they are Italian or because she is a woman, but
believed that they are singled -out.
In response to Council questions, Ms. Manto stated that they follow
their closing hours and encouraged the City to post someone at her
restaurant to verify this. She reported that she is not always there
until closing, but is there three nights a week. She added that the
manager has been with them for 17 years and is there until closing,
along with her son -in -law or daughter. She indicated that she has come
back to the restaurant at night to check that it is closed when it is
supposed to be. She emphasized that she is a hands -on owner and that
there probably are not too many in the City. Further, she stated that
Carmelo's is unique and something that Corona del Mar can be proud
of. She indicated that they would be welcomed in San Francisco and
• New York. She pointed out that the bad behavior comes from many
areas and that she does not know where people wander to once they
leave her establishment. Further, she is not responsible for everyone
on the street. Ms. Manto reported that they have valet parking and
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City Council Minutes
December 11, 2001
• have hired three security guards from 9:30 p.m. to closing. She added
that they do not have bands on Sundays and have even posted signs
that say `Be Courteous to Our Neighbors". She stated that she would
be as appalled as anyone if she found out that people were urinating in
others' yards.
In response to Council Member Adams's question, Ms. Wood reported
that the closing time is the time that the establishment actually closes
and everyone leaves. She noted that, in the recent use permits, they
have had a condition of approval that limits when the last drink may be
served and stipulates an actual closing time.
Ms. Wood reported that the Code Enforcement Officer was not at the
establishment after midnight. She clarified that two of the three
reports were done at her direction on Thursday nights between
10:00 p.m. and midnight because Mr. Martin had complained that the
music had been bothersome at about 11:00 p.m. on Thursday nights.
She stated that the City can ask Mr. Sinasek to go out at 1:00 a.m., if
desired.
Thomas Edwards stated that he represents Carmelo's. He pointed out
that the establishment is a restaurant with entertainment pursuant to
its live entertainment permit. He reported that older people, not just a
young crowd, frequent Carmelo's. He stated that he appreciates all the
• neighbors' comments; however, having visited the establishment when
they were not expecting him, he reported that he has seen their
security at work. He pointed out that they are required to have 33
valet parking spaces and noted that they have access to another
parking lot, but it is also used by other area establishments. He
indicated that he cannot categorically promise that it is not Carmelo's
patrons that make the noise or urinate in public, but he can reasonably
assure Council that this is not the case. Mr. Edwards pointed out that
the area has other restaurants and that they cannot control everything
that happens. He added that, in 1999, Carmelo's was cited because
they left the double -hung French doors open; however, that has been
remedied and no violations have been issued since then. He stated
that, after the Commission meeting, Carmelo's even changed the time
they put out the trash because people were scavenging through it. He
emphasized that they have been responsive and that Ms. Manto has
attempted more than once to sit down with Mr. Martin. Further, she
has been to his house with a noise monitor. Mr. Edwards noted that
Mr. Martin lives across Coast Highway and Narcissus, and is in the
back of the Christopher Hair Salon parking lot. He added that he finds
it difficult to believe that the noise travels that distance. He reported
that he has seen the last call on a weekend night at 1:20 a.m., and
noted that they are out of there at 1:30 a.m. He assured Council that
the applicant is in full compliance of the use permit and is not presently
in violation of any existing ordinance. He noted that the majority of the
complaints are coming from one individual.
• Mr. Martin asked that Captain Newman check the Police reports to see
that a lot of the reports occur after closing hours.
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December 11, 2001
INDEX
Hearing no further testimony, Mayor Ridgeway closed the public
hearing.
Council Member O'Neil stated that Carmelo's is in his district and that,
when the Commission heard the matter and voted not to call up the use
permit, Mr. Martin called him. He added that Mr. Martin and
Mr. Naidus have called him on a number of occasions regarding the
noise problems at Carmelo's. He believed that the gentlemen are
sincere about their noise concerns and that Mr. Martin called the Police
on many occasions because he thought that would be the best way to
make a record of his concerns. He reported that he reviewed the staff
reports submitted to the Planning Commission, interviewed some of the
Commissioners and staff, learned about the noise measurements that
were made by the Code Enforcement Officer, visited the premises, and
talked to the operator and her attorney. He indicated that he informed
Mr. Martin that he would not call this matter up because he did not feel
there was sufficient evidence to have this heard further. Council
Member O'Neil believed that, by having this issue presented to the
Commission and Council, they have the attention of Ms. Manto. He
stated that he feels Ms. Manto will continue to operate her business in
a manner that is not intrusive to the surrounding community. He
noted that there is always some type of problem when these types of
uses are next to residential areas. He stated that the owner needs to
continue to make every reasonable step to make sure the noise is kept
• to an appropriate level, they close at the right time, the doors are not
left open, and they are as mindful of the surrounding community as
possible.
Motion by Council Member O'Neil to uphold the decision of the
Planning Commission not to review Use Permit 1908 (Amended).
Council Member Glover noted that she owned a small business for eight
years in Laguna Beach prior to serving on Council. She stated to
Ms. Manto that it is hard being a woman and running a business, and
encouraged her to continue.
Council Member Proctor stated that he read everything that happened
at the Commission meeting and indicated that he was impressed with
Mr. Edwards' 11 bullets that he presented to them. He commended
Ms. Manto for all the efforts she has made to be neighborhood - friendly.
Mayor Pro Tern Bromberg stated that Council has to weigh all the
testimony that is presented to them and agreed with Council Member
O'Neil that whenever you have a business with music close to a
residential area, there is going to be problems. However, he noted that
some residents have complaints with the businesses while others do
not. He indicated that, from the evidence tonight, he does not see
anything which suggests that any of the conduct outside of Carmelo's
emanates from Carmelo's. He pointed out that complaints about
urinating in public generally happen in alleys and parking lots, but
noted that they have valet parking.
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City Council Minutes
December 11, 2001
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Mayor Ridgeway stated that he was on the Planning Commission for
six years and that the adjacencies of residential and commercial uses
has always been a problem in the City. He indicated that he talked
with a gentleman who owns several properties near Carmelo's whose
tenants have told him that there are problems. He believed that, on
occasion there has been, but stated that he does not feel that this is the
practice. He pointed out that Mr. Martin chose to live adjacent to a
highly commercialized area. Mayor Ridgeway stated that he will be
visiting Carmelo's on a weekend night and asked each of the Council
Members to do the same. He reported that this side of the bay is
vigilantly patrolled by the Police Department, especially in the
restaurant areas. He stated that it is unfair to blame Carmelo's for
what happens along the sidewalk, but noted that it does happen. He
reported that the City has an alcoholic beverage control ordinance that
deals with these issues.
Council Member Heffernan stated that he discussed this in detail with
Planning Commission Chairman Tucker who could not find a basis to
have a hearing. He indicated that he agrees with Chairman Tucker
and with Council's conclusions tonight.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
CURRENT BUSINESS
26. GRAND CANAL SHORE MOORING RELOCATION.
27. CONSIDERATION OF DRAFT LETTER TO DICK RIORDAN
REGARDING EL TORO.
Motion by Council Member Glover to continue Item Nos. 26 and 27
to the January 8, 2002, Council meeting.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
CONTINUED BUSINESS
28. NEW REGULATIONS ON STORMWATER AND URBAN
RUNOFF: PROPOSED 5 -YEAR MUNICIPAL PERMIT; CITY S
LETTER.
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City Council Minutes
December 11, 2001
• Bob Caustin, Defend the Bay, stated that he has worked with staff on
revisions to the letter and hoped that Council finds it acceptable. He
reported that the Regional Board will be discussing this on
December 19 and noted that this will greatly affect Newport Bay as
well as the beaches.
Assistant City Manager Kiff stated that the recommended action is to
approve a letter to the Regional Board based on what occurred at the
last two meetings. He reported that there have been a couple of
changes to the letter that have been included in the staff report.
Regarding the economic affects of urban runoff, he indicated that he is
trying to convey that the City does rely on clean beaches to maintain its
tourist base, property values, and quality of life. He stated that,
although there are costs associated with complying with the permit,
there are greater costs to the City and County. Mr. Kiff reported that
the amended letter also includes a paragraph that talks about the City
being a community of ocean and bay users, and that runoff and
wastewater into the waters is of such significant health concern that
area doctors advise immunizations that are associated with
undeveloped countries. Regarding page 2, third paragraph, he pointed
out that the City is not taking a position on commercial wash downs,
but he amended the letter to state that a person could do a commercial
discharge if they did all the best management practices (BMPs)
associated with that action.
• Mr. Caustin expressed hope that Council supports the changes. He
stated that he looks forward to having this presented to the Board and
read into record.
Motion by Council Member Glover to authorize the Mayor to issue
a letter, as amended, to the California Regional Water Quality Control
Board, Santa Ana Region, regarding its Order No. 01 -20 (5 -Year
Municipal NPDES Permit for Stormwater Runoff).
Council Member Glover noted that she will be requesting that Council
help the small businesses relative to cleanup if it becomes a problem.
Mayor Pro Tern Bromberg emphasized that coastal cities need to take
the lead on this because it will send the wrong message if they do not
support it.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
• 29. MARINER'S LIBRARY JOINT USE CONCEPTUAL PLAN
DESIGN - APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC.
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City Council Minutes
December 11, 2001
Mayor Ridgeway commended Public Works Director Badum on the staff
report. Council Member Glover noted that Council discussed this
during a study session and is committed to the project.
Motion by Council Member Glover to 1) approve a Professional
Services Agreement with Thirtieth Street Architects, Inc. (TSA) of
Newport Beach, for Architectural Design Services of Mariner's Library
at a contract price of $94,700 and authorize the Mayor and the City
Clerk to execute the agreement; 2) establish an amount of $9,300 to
cover the cost of unforeseen work; and 3) approve a budget amendment
(BA -025) appropriating $104,000 from the unappropriated balance of
General Fund Reserves to Account No. 7011- C5100661.
The motion carried by the following roll call vote
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
S30. APPOINTMENTS TO THE NEWPORT COAST ADVISORY
COMMITTEE.
Mayor Ridgeway nominated Jim McGee, Gerry Ross, Daniel Wampole,
Al Willinger, Council Member Heffernan, Jack Butefish, Don Phelps,
and Phil Greer (alternate).
Following discussion, motion by Council Member Proctor to
continue this issue to the January 8, 2002, Council meeting.
In response to Council Member Heffernan's question, Assistant City
Manager Kiff stated that a meeting has been planned for December 18,
but they can continue to meet as the advisory group until the
Committee members are formally appointed.
Philip Bettencourt, 110 Newport Center Drive, reported that he is the
elected president of the largest community association (1,500 members)
in Newport Coast. He expressed hope that, in light of his public service
and credentials, Council considers him for the Committee.
The motion carried by the following roll call vote
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
R. MOTION FOR RECONSIDERATION - None.
S. ADJOURNMENT - 11:15 p.m.
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December 11, 2001
•
The agenda for the Regular Meeting was posted on December 5, 2001, at
3:40 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building. The supplemental agenda for the
Regular Meeting was posted on December 7, 2001, at 3:15 p.m. on the City Hall
Bulletin Board located outside of the City of Newport Beach Administration
Building.
rr ,j•'
City Clerk
is
Av j. (6rPrM -j
Recording Secretary
Mayor
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