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HomeMy WebLinkAbout05/22/1995 - Regular MeetingROLL CALL Present Motion All Ayes Motion All Ayes 0 • CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING MINUTES 3 W F F - 3 820000 ¢ pggXOZ cW9 j W ru►ct: r.;ouncu cnamders TIME: 7:00 P.M. DATE: May 22, 1995 INI] CLOSED SESSION - 5:00 o.m. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED: Mayor Hedges announced that the City Council in their closed session took action on the American Trader Oil spill litigation and that a report has been placed on the fable in the lobby of the Council Chambers. RECESSED AT 6:50 P.M. RECONVENED AT 7:00 P.M. for regular meeting x x x x x x x ROLL CALL x Reading of Minutes of Meeting of May 8, 1995, was waived, approved as written, and ordered filed. x Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. Mayor Hedges presented a Proclamation to Public Works Director Don Webb in recognition of NATIONAL PUBLIC WORKS WEEK - May 21 through 27, 1995. Mayor Hedges also presented a Proclamation to representatives of the Newport Beach Garden Club in recognition of NATIONAL GARDEN WEEK - June 4 through 10,1995. NEWPORT BEACH CONFERENCE AND VISITORS BUREAU - NB Conf Rosalind Williams, Executive Director of the Newport Visitor, Beach Conference and Visitors Bureau, presented the C -2638 Bureau's Budget for 1995 -96, and summarized their 1994 -95 (38) accomplishments as enumerated in her letter dated May 12, 1995. She displayed a copy of their advertising campaign which included a destination planner, sales brochure, and visitors guide, and also showed a 3- minute video highlighting the City's various hotels, recreational activities and tourist attractions. There being no objections from the Council, the Bureau's Budget for 1995 -96 was approved as presented. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: • Council Member Edwards requested staff report back on June 12 on the County's proposal to increase the trash hauling fees and the impact it will have on the City's General Fund. He stated as part of this issue, he would like to see proposed alternatives as to how to meet these costs, i.e., privatization, costs being passed on to the City by the State, etc. Volume 49 - Page 191 EX Bureau ROLL CALL • r: Motion All Ayes • CITY OF NEWPORT BEACH MINUTES U, > w Q F 1- X Gp P X O Z May 22, 1995 qCE W X W mm W O U J, U O • Mayor Hedges requested staff report back at a future meeting on what kind of land use controls can be imposed in order to not create a proliferation of halfway houses /drug rehabilitation centers in the City, as well as any political solutions the City may be able to pursue. • Mayor Hedges requested staff report back on funding sources for the improvement of downtown Balboa with respect to the Main Street "quick -fix" proposal. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR .ACTION AND STAFF REPORT: • Council Member Glover requested staff review the City's present policies /regulations relative to maintenance of vacant commercial buildings, indicating she felt that tighter restrictions need to be developed regarding landscaping and turn- around time for replacement of broken glass. There being no objections, Mayor Pro Tern Debay requested the above report also include vacant lots. • Council Member Edwards requested staff prepare a resolution for June 12, supporting the off -shore oil moratorium. CONSENT CALENDAR X The following Hems were approved, except for those Hems removed: ORDINANCE(S) FOR INTRODUCTION: Schedule for public hearing on June 12, 1995: 1. Removed from the Consent Calendar. RESOLUTION(Sl FOR ADOPTION 2. Resolution No. 95 -52, authorizing the ISSUANCE OF SUBPOENAS to provide records from gas and electric utilities. [Memorandum from Revenue Manager /Finance Department] 3. Resolution No. 95.53, authorizing the City to enter into a program supplement with the State of California regarding the TUSTIN AVENUE STORM DRAIN AND RIVERSIDE AVENUE AND CLIFF DRIVE STREET RECONSTRUCTION BETWEEN IRVINE AVENUE AND PACIFIC COAST HIGHWAY (CONTRACT NO. 2782). [Memorandum from Public Works Department] Volume 49 - Page 192 INDEX Revenue /Licen: Res 95 -52 (27) Tustin Av Strn Drn /Riverside Av & Cliff Dr Rcnstrctn Res 95 -53 (38)C-2782 CITY OF NEWPORT BEACH I►5 111 111►li1i1= ROLL CALL in QCEwwo w3gS000 F- ¢ � °Z W May 22, 1995 INDEX 4. Resolution No. 95 -54, approving the City's 800 MHz Radio • participation in the 800 MHz (RADIO SYSTEM) Sys /Jt.Powers ACQUISITION /JOINT POWERS AGREEMENT; Agm btw CNB & designate the Mayor as the City's representative to Orange County the Joint Powers Agency and the Mayor Pro Tern C-2755(38/70) as the City's alternate; and authorize the City staff Res 95 -54 to review the various financing alternatives and return to the City Council at the appropriate time with the most cost effective option to acquire and install the equipment with a total purchase price not to exceed $3,393,958. [Report from City Manager] CONTRACT(Sl AND AGREEMENT(Sl S. PACIFIC COAST HIGHWAY AND NEWPORT PCH & Npt Bl BOULEVARD INTERCHANGE BRIDGE STRUCTURES Intrchng Brdg IMPROVEMENTS (CONTRACT NO. 2886)- Approve a C -2886 (38) Consultant Agreement with Law /Crandall Inc. for geotechnical services to support project design. [Report from Public Works Department] 6. LICENSE AGREEMENT WITH THE CITY OF License Agm HUNTINGTON BEACH TO ALLOW FOR THE w /City Huntgtr CONSTRUCTION AND MAINTENANCE OF Bch -Reach No.s • REACH NO. 2 (Brookhurst Street to the Talbert Cnstr /Mntnc Channel) OF THE WATER TRANSMISSION MAIN C-3004-G(38) FOR THE GROUNDWATER DEVELOPMENT PROJECT (CONTRACT NO. 3004 -G) - Approve Agreement and authorize execution. [Report from Public Works Department] 7. ORANGE COUNTY TRANSPORTATION AUTHORITY OCTA /CNB Mstr MASTER FUNDING AGREEMENT - Approve a Master Fndg Agm Funding Agreement known as Cooperative C-305108) Agreement No. C -95 -985 between the City of Newport Beach and the Orange County Transportation Authority, and authorize the Mayor, City Manager and City Attorney to execute the Agreement. [Report from Public Works Department] 8. AERIAL PHOTO ATLAS SHEETS AND MOSAICS - Air Photo Srv: Award a contract to Air Photo Services, Inc. to C- 3052(38) provide aerial photo atlas sheets and aerial mosaics. [Report from Public Works Department] 9. BALBOA BOULEVARD AT 21ST STREET LEFT TURN LANE Bal B1/21st St (CONTRACT NO. 3045) - Affirm the Categorical Lft -trn In • Exemption of Environmental Impact; approve the C-3045(38) plans and specifications; award Contract No. 3045 to Hillside Constructors, Inc. for the total bid price of $49.430.00. [Report from Public Works Department] Volume 49 - Page 193 CITY OF NEWPORT BEACH MINUTES ROLL CALL ;¢WWO W F- 3[] rW Cr 0 =U00 W� > °Z W May 22, 1995 INDEX 10. PALM STREET PARKING LOT (CONTRACT NO. 3044) - Palm St Pkg • Approve Budget Amendment 038 to transfer Lot $8,200.00 from the Offstreet Parking Fund to C-3044(38) Account No. 7014P301261A; affirm the Categorical Exemption of Environmental Impact; approve the Plans and Specifications; and award Contract No. 3044 to Lambaren Contractors, Inc. of Lake Forest for the total bid price of $86,593.62. [Report from Public Works Department] 11. CLAIMS - for Denial by the City Manager. (3 6 ) Susan W. Clark alleging City Ficus tree has caused property damage at 2415 Holly Lane; seeking reimbursement of damages and removal of tree. Debra Duncan alleging fire damage as a result of being re- routed in construction area on April 20, 1995 at Riverside and Pacific Coast Highway. Adele M. Trent alleging damage to vehicle on April 26, 1995, as a result of roadway at Campus Drive near MacArthur Boulevard. • Coleen Weeks alleging City Refuse Crews have taken trash bins while collecting refuse at 4312 Spindrift on April :25 and May 2, 1995; seeking reimbursement of $35.00. 12. AGENDA /ACTIONS BY THE PLANNING DEPARTMENT (68) for meeting of May 18, 1995. 13. PUBLIC HEARING SCHEDULING - JUNE 12,1995: Proposed 1995 -1996 BUDGET HEARING & Budget APPROPRIATION LIMIT. [Memorandum from (4 0 ) Finance Director] Removed from the Consent Calendar - General Plan Amendment No. 94 -1(F) 14. LIDO PARK DRIVE BULKHEAD TIE ROD AND DECK Lido Prk Dr REPLACEMENT(CONTRACT NO. 2671) - Affirm the Blkhd Tie Rod/ Categorical Exemption of Environmental Impact; Deck Rplcm approve the plans and specifications; and C -2671 (38) authorize Staff to advertise for bids. [Report from Public Works Department] • Volume 49 - Page 194 CITY OF NEWPORT BEACH MINUTES ROLL CALL ¢ Q¢WW° W 3g2U(7O ¢ > -1? May 22, 1995 INDEX 15. ENCROACHMENT AGREEMENT FOR CONSTRUCTION Encroachment/ • AND MAINTENANCE OF PROPOSED PRIVATE David & Ann IMPROVEMENTS WITHIN THE PLAZA DEL NORTE Archie PUBLIC RIGHT -OF -WAY ADJACENT TO 1704 PLAZA (65) DEL NORTE, BALBOA PENINSULA - Approve the application for David and Ann Archie subject to execution of an Encroachment Agreement for non - standard improvements (City Clerk to have the agreement recorded with the Orange County Recorder); and an Encroachment Permit issued by the Public Works Department. [Report from Public Works Department] 16. 1994 -95 STREET RESURFACING AND SLURRY SEAL 1994 -95 St PROGRAM (CONTRACT NO. 3043)- Approve the plans Rsrfcg /Slry S1 and specifications: and authorize the City Clerk to C-3043(38) advertise for bids to be opened at 11;00 A.M. on June 14, 1995. [Report from Public Works Department] 17. ACCEPTANCE OF OCEAN FRONT STREET END Ocean F /St Enc IMPROVEMENT PROGRAM(CONTRACT NO. 2984) - Imprvm Prg Accept the work; and authorize the City Clerk to C-2984(38) file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions • of the Civil Code. [Report from Public Works Department] 18. 1995 RENTAL VACANCY RATE SURVEY - Receive 1995 Rental and file survey (pursuant to City Council Vacancy Rt Sri Ordinance No. 94 -47 adopted on October 10, (68 ) 1994) regarding existing rental apartments containing 15 or more units in the City. [Report from Planning Department[ 19. Removed from the Consent Calendar. 20. HARBOR PERMIT APPLICATION NO. 256 -504 - Harbor Perm Approve application by Robert Teller to revise an Apt No, 256 - existing harbor permit, subject to 504 recommendations in the staff report to eliminate (51) conditions 7 and 8 of the Harbor Permit approved by the City Council on March 19, 1986, and replace them with: 1) That should the piers and floats be operated as a commercial boat docking facility, applicant must provide parking acceptable to the Marine Director and the Planning Department of the City of Newport Beach: 2) Establish a 15 foot setback on the • baywardmost float on the westerly side; and vessels berthed at the facility shall comply with the Harbor Permit Policies and the Uniform Fire Code. [Report from Marine Department] 21. Removed from the Consent Calendar. Volume 49 - Page 195 ROLL CALL • Motion r: CITY OF NEWPORT BEACH MINUTES 3 Q¢WWO LJ HpggXOZ Xg2UU > -I� W May 22, 1995 INDEx 22. PLANNING COMMISSION VACANCY - Accept with Planning regret, the resignation letter of Planning Commission Commissioner Mitchell Brown; City Clerk to include (24 ) vacancy with the June 30, 1995 appointments to fill his unexpired term ending June 30, 1997. 23. BUDGET AMENDMENT (40 ) BA -038, $8,200 - Appropriate from Offstreet Parking Fund reserves to the BALBOA PARKING LOT IMPROVEMENT PROJECT to supplement the $78,400 originally estimated to award this project. [Refer to report with agenda item 10] SUPPLEMENTAL AGENDA AMENDMENT TO THE 1985 NORTH FORD North Ford DEVELOPMENT AGREEMENT AND AFFORDABLE PCA 613 HOUSING GRANT DEED - Report from Assistant City (94 ) Attorney requesting authorization for Mayor to sign an amendment to subject Grant Deed. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. Proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF Noise Eleme THE CITY OF NEWPORT BEACH AMENDING GP (94) CHAPTERS 1.12, 6.04, 10.28, 10.32, 15.02, 20.01, 20.10 AND 20.70 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE CURRENT NOISE CONTROL REGULATIONS TO BE CONSISTENT WITH THOSE CONTAINED IN THE NOISE ELEMENT OF THE GENERAL PLAN AND TO ADD CHAPTER 10.26: COMMUNITY NOISE CONTROL (PLANNING COMMISSION PCA 807 AMENDMENT NO. 807). [Report from Planning Department] X Mayor Hedges indicated he had some concerns with the proposed Ordinance, and therefore, made a motion to change the following provisions: "That Hems relative to heating, venting, and air - conditioning noise levels be amended from 55 dBA to 50 dBA. "That subparagraph E of Section 10.26.045 be deleted in Its entirely. 'That Section 10.26.055 be deleted and replaced with the following verbiage In order to clarify how noise sources are measured: Volume 49 - Page 196 4gm nt CITY OF NEWPORT BEACH MINUTES ROLL CALL VA Q A�ww w3g2UC90 �— C>r-- rfl °�? � J w May 22, 1995 INDEX • "Noise Level Measurement: The location for measuring noise compliance with other provisions of this Ordinance shall be located at a point on the property line nearest the heating, venting or air - conditioning equipment, not Including areas in proximity to uninhabitable spaces." The City Attorney advised that the text of the proposed Ordinance that pertains to the location for taking measurements is found in Section 10.26.055, and states that if exterior noise levels are measured, it must be done from a part of a private yard or patio normally used for human activity, and that if interior noise levels are measured, it must be within the affected residential unit at least 4 feet from the wall, ceiling or floor nearest the noise source with windows in an open position. He stated that these provisions were put into the Ordinance so that the "enforcement arm of the City knows exactly how to enforce the Ordinance." Mayor Hedges stated that his point for bringing this issue up is that some of the biggest problems the City has with respect to quality of life relate to • upstairs sleeping areas and air - conditioning units located in narrow side -yard setbacks. Mayor Hedges also included in his motion above, the change of date for compliance of existing equipment from January 1, 2000 to January 1, 1998. Motion x Following discussion, substitute motion was made All Ayes by Mayor Pro Tern Debay to direct staff to explore the changes recommended by the Mayor with the City's Noise Consultant, and to bring this item back on July 10, 1995 for reconsideration. 13. Schedule for public hearing on June 12, 1995: A General Plan Amendment No. 94 -1(F) - Report GPA 94 -1 (F) from Planning Department requesting consideration (4 5 ) of an amendment to the Land Use Element of the General Plan for Pacific View Memorial Park, so as to establish a new development allocation of a maximum of 30,000 square feet of administrative offices and support facilities, 126,700 square feet of community mausoleum and garden crypts, and 12,000 square feet of family mausoleums (or • equivalent building bulk restrictions). Additional language is also proposed which specifies that all future mausoleum and garden crypt structures shall be constructed only within the building envelopes authorized by the site plan approved in conjunction With Use Permit No. 3518; and the acceptance of an environmental document; and Volume 49 - Page 197 I' �� . CITY OF NEWPORT BEACH MINUTES ,yy��OLL ¢ CEO ��`' w May 22,1995 CJALL 3FWg0OZ gMma:UU INDEX W 3g2UC70 • B. Development Agreement No. 7 - Request to PA 94 -1 (F) approve a development agreement for the proposed build-out of the Pacific View Memorial Park; and C. Use Permit No. 3518 - Request to approve a master plan of development for the ultimate build -out of the Pacific View Memorial Park, located on property in the R -3-B and Unclassified Districts; and D. Site Plan Review No. 69 - Request to establish grade on each of the proposed mausoleum and garden crypt building sites within the Pacific View Memorial Park property. Portions of Block 96 and 97. Irvine's Subdivision, located at 3500 Pacific View Drive, at the southeasterly terminus of Pacific View Drive, adjacent to the Harbor View Hills Planned Community. Council Member Watt stated she still had some concerns with respect to the proposed Development Agreement for the build -out of . Pacific View Memorial Park, and suggested a City Council ad -hoc committee be appointed to review the document with the'City Attorney prior to the June 12 public hearing if possible. motion x Council Member O'Neil emphasized the number of times this item has been before the Planning Commission, and stated he was not in favor of redoing their work all over again. He indicated he was prepared to hear testimony and take action at the next meeting, and therefore, moved to approve the recommended action to schedule this matter for public hearing on June 12,1995. Council Member Edwards stated he was also in support of hearing this item on June 12; however, he did feel that in the interim, the City Attorney should review the Development Agreement to make sure it purports with the action taken by the Planning Commission, and therefore, made an amendment to this effect to the above motion. The City Attorney advised that he met with four representatives of the homeowners about three . weeks ago and went through the Development Agreement line -by -line, and since that time, some additional changes have been made that he feels make it a better document; however, he would be happy to sit down with any of the residents and Council Member Watt at any time to make additional changes that may be necessary to reflect the decision of the Planning Commission and to insure that the residents are protected by the provisions of the Agreement. Volume 49 - Page 198 En CITY OF NEWPORT BEACH MINUTES ROLL CALL ¢ Q¢wW0J, w3g2UL90 � ¢ ' ' W May 22, 1995 INDEX A*es The motion, as amended, was voted on and carded. 19. HARBOR PERMIT APPLICATION NO. 133 -88 - Report Harbor Perm from Marine Department recommending approval Apl No. 133 -88 of application by Robert Guggenheim to revise the (51) residential float bayward of 88 Linda Isle, subject to conditions in the staff report. Christopher Cooper, Attomey representing property owners John and Candice Schwartz, 89 Linda Isle Drive, stated that the Schwartzes' property is the beneficiary of a private easement which runs from the bulkhead of Lot 88, 55 feet out into the waterway. The reason for the easement is so that the Schwartzes can use their dock in a safe manner. Presently, as the Guggenheim lot sits at 88 Linda Isle, the dock does not extend their bulkhead; therefore, Lot 89 enjoys the proper ingress and egress to and from their dock. It is the Schwartzes' opinion, that the proposed 20 foot dock extension will also create a navigational hazard, cut off the sea wall or bulkhead part of their dock, and as a result, decrease the value of • their home. In addition, the proposed dock is not uniform in design, thereby violating the CC &R's of Linda Isle, and creating a nuisance and eye -sore. In response to question raised by Council Member Edwards regarding the private easement referenced earlier, Mr. Cooper stated that the subject easement was specifically designed to enable the owner of Lot 89 to safely bring his or her boat into the dock. Tony Melum, Acting Marine Director, stated that the applicant had originally proposed a dock that was 20 foot longer than what is being requested at this time. Because of the orientation of the revised float and the position of the dock at 89 Linda Isle, the Marine Department was initially concerned about potential navigational problems between the two floats when exiting and entering their slips. As a result of the two property owners not being able to come to a compromise, the Marine Department was asked to handle the navigational issue, and therefore, recommended the dock be • reduced to 80 feet, and that the permit be conditioned so that they would not be able to tie up any boat beyond the end of the finger. This compromise basically puts the dock in conformance with the Municipal Code and Harbor Permit policies. He added that the Marine Volume 49 - Page 199 CITY OF NEWPORT BEACH MINi7TF:� ROLL CALL 3 W F� MMM000 } Q x o Z May 22, 1995 INDEX Department only Teamed last week of the private • easement involved, and have not had an opportunity to meet with Mr. Cooper regarding this new information. Motion x Following discussion, motion was made by Council All Ayes Member Waff to refer this Item to the Harbor and Beaches Committee for a report back to 30 days. 21. SPECIAL EVENTS APPLICATION - Report from the Special Events Community Services Department recommending Apl N0.95 -130 approval of request, subject to conditions in the (27 ) staff report, of Application No. 95 -130 by Balboa Island Business Association for the Balboa Island Pride Day Parade on June 11, 1995, 11 a.m. from the intersection of Jamboree Road and Bayside Drive to the intersection of Marine and Park Avenues. The remainder of the event to take place from 11:30 a.m. to 2:00 p.m. on Marine Avenue between Park Avenue and South Bay Front. La Donna Kienitz, Community Services Director /City Librarian, addressed the Council and stated it was • the intent of the staff to recommend approval of this application, but it was not staff's intention to recommend waiver of the fees for City services and equipment which total $1,200. The City Manager noted that the majority of the costs to be incurred involve the Police Department. He noted that the City reviews twelve Special Events each year for "runs" pursuant to Council policy, and in each of those instances, staff time and equipment costs are passed onto the "run applicant." There have only been a few exceptions where the City costs have been absorbed and that is because the City was directly involved and /or actually sponsored the event. John Noyes, 221 Marine Avenue, Balboa Island, addressed the Council and stated that last year, the Community Pride Day Parade was fully underwritten by the City because of the grand opening of the new Balboa Island Fire Station. The event was very successful, and it is their hope the City would continue to give support for this year's • parade. He also felt they could work with the Police Department to reduce some of their costs. Volume 49 - Page 200 CITY OF NEWPORT BEACH MINUTES ROLL CALL VJ a: Q¢wwo W �- 382000 ¢ W °Z '�' May 22, 1995 INDEX Council Member Watt stated she felt their needs to • be a written policy with respect to issues such as this inasmuch as it falls between the category of a City sponsored event and a private event. She stated that because this is a Community Pride Day Parade, she would hope that the City could control the costs to the applicant as much as possible, but at the same time, she does not want waive the entire amount. The City Attorney noted that Special Event permit fees are not charged to community groups or for events which are nonprofit in nature, but are charged for events which are scheduled to raise a profit. The amount of money referenced in the subject application is the cost related to the conditions the City believes need to be imposed to protect the public health, safety and welfare of the community. The Community Services Director /City Librarian addressed the Council again, and emphasized that the City costs referenced in the staff report • were carefully estimated by the Police Department as well as the General Services Department and they feel those costs are accurate. Motion x Following discussion, motion was made by Council Member Wait to direct the General Services and Police Departments to work with the applicant in an attempt to reduce the costs where possible; to waive a portion of the fees for City staff and equipment If deemed appropriate; and to refer this item to the Legislative Committee to develop a policy with respect to these type of events. Motion x Substitute motion was made by Council Member All Ayes Edwards to direct staff to work with the Balboa Island Business Association and Council Member Watt In an effort to reduce the City costs so that this event can go forward, but that the Association be required to pay whatever costs are necessary in order to proceed, with said cost not exceeding $1,200. PUBLIC HEARINGS) 24. Mayor Hedges opened the public hearing Undergr Util/ regarding UNDERGROUNDING UTILITIES IN CHANNEL Asmt Dist 64 ROAD FROM OCEAN BOULEVARD TO NORTH OF "M" Channel Road STREET IN PENINSULA POINT (Proposed Assessment (gg ) District No. 64). Report from Public Works Department. Volume 49 - Page 201 CITY OF NEWPORT BEACH MINUTES ROLL CALL q ¢ q¢WWOJZ MIXP=000 ¢ in ' 2 ' J w Mar 22, 1995 INDEX The Public Works Director summarized the Asmt Dist 64 • proposed project noting as follows: the improvements consist of undergrounding overhead utility lines and the removal of poles; the cost for said work is $297,587.00; the unit assessments are estimated at $9,582.70 for 25 parcels: there are eight parcels which have a proportionate of that amount with assessments of $7,091.00, while one parcel is being assessed at $1,291.92; the method of spread is the some as the last two assessment districts and is on a per parcel basis. As of this date, there are seven written letters of protest, or a total of 20576 protest; a property owner meeting was held on May 9, 1995 in which residents were able to talk with City staff as well as staff from the Edison Company and Pacific Telephone. As a result of that meeting, a pole located off Miramar will remain and the property owned by Rudolph Vanasek will receive no benefit and no assessment from the District; also the Assessment Numbers I, 2, 3 and possibly 4 will be reduced proportionately because of the telephone lines which were previously placed underground; regarding the properties across from • the public beaches, there are eight parcels involved, and in talking with the Bond Counsel and Assessment Engineer, it was agreed that no property owner should have to pay for more than one unit for undergrounding; the parcels across from the beach receive an unobstructed view from the bay and will pay for approximately 74% of the unit price, and should the utilities in the alley be undergrounded at some future date, that assessment would be limited to approximately 26`9. The Public Works Director stated it is his recommendation that the staff proceed with the modified changes and bring them back to the Council at the next public hearing on June 12. In response to questions raised by Mayor Hedges, Mackenzie Brown, Legal Bond Counsel, addressed the Council and stated that City -owned property cannot by law be assessed, nor can a lien be put on the property nor can the City sell bonds. With regard to the proposed District, this is the first of two public hearings, and there are two major issues: 1) the boundaries of the District, and 2) allocation of • the costs which he described. If the Council proceeds with the formation of the District on June 12, appropriate resolutions will be presented for adoption, and property owners will be notified of their final and confirmed assessment. Volume 49 - Page 202 CITY OF NEWPORT BEACH MINUTES ROLL CALL uy cc A�ww w3g2U-Uj f- ¢ 'W' °�? w W May 22, 1995 INDEX Joan Cox Assessment Engineer, addressed the Asmt Dist 64 • Council and gave an overview of the boundaries to be included in the Assessment District and the allocation of costs. She discussed how the assessment spreads were calculated, and stated that all the parcels benefit the same and were apportioned on a per parcel basis. She also answered questions of Council Member O'Neil. The following persons appeared in favor of the proposed Assessment District, indicating their request was initiated in 1989: Curtis Herberts, 2290 Channel Road, Assessment Number 31, and also representing property owners of Assessments Numbers 33 and 27. Leland J. Crumbley, 2282 Channel Road, Assessment Number 29, and representing property owners of Assessment Numbers 26, 28 and 30. Bill Anderson, 2226 Channel Road, Assessment • Number 18. Verlyn Jensen, 18101 Von Korman, Irvine, representing Joe P. Thompson, property owner of Assessment Numbers 9 and 10, addressed the Council and stated they were not opposed to the improvements, but do not feel it is equitable that the properties located on the inland side of East Balboa Boulevard and Channel Road, which are not having their utilities placed underground, are being asked to pay almost the same assessment as the bayside parcels who are having their utilities placed underground. The differential between $9,582.70 for the bayside properties versus $7.091.00 for the inland properties is not equitable. The method and formula for the assessments spread makes it clear that the inland properties are being asked to pay the full amount charged to all the other properties less one -half of the estimated future undergrounding cost of placing their utilities, which are located in the alley to the rear of their properties, in a similar underground state. He also presented a written letter of protest from property owner of Assessment Number II • supporting this same position. Motion x Hearing no other comments, motion was made by All Ayes Mayor Hedges to continue this public hearing to June 12,1995. Volume 49 - Page 203 CITY OF NEWPORT BEACH MINUTES ROLL CALL a: WmmXUU l'- F_ ¢ 0 w May 22, 1995 INDEX 25. Mayor Hedges opened the public hearing Ord 95 -18 • regarding Proposed ORDINANCE NO. 95 -18, being, Zoning (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE THE REQUIRED REAR YARD SETBACK FOR RESIDENTIAL PROPERTIES ABUTTING ALLEYS WITH WIDTHS OF 20 FEET TO 24 FEET FROM 2 FEET 6 INCHES TO A ZERO FOOT REAR YARD SETBACK (PLANNING PCA 820 COMMISSION AMENDMENT NO. 820) Report from Planning Department. The Planning Director summarized the staff report as follows: the Zoning Code currently allows a zero setback adjacent to alleys with a width of 24 ft, or more; the proposed amendment would allow a zero setback on alleys 20 ft. or more in width; the Planning Commission considered this amendment on April 20. 1995 and has unanimously recommended approval; the amendment is identical to that initiated by the City Council with • the exception that roll -up garage doors have been included as recommended by the Fire Department. Motion x Hearing no one wishing to address the Council, the All Ayes public hearing was closed, and motion was made by Mayor Hedges to adopt Ordinance No. 95 -18. 26. Mayor Hedges opened the public hearing U/P 1758 (A) regarding USE PERMIT NO. 1758(AMENDED) FOR THE Atlantis Clb ATLANTIS CLUB - Request to amend a previously (88) approved use permit which allowed the establishment of a private club with on -sale alcoholic beverages, live entertainment, dancing and off -site parking with a full -time valet parking service on property located in the RSC -H District. The proposed amendment is a request to expand the hours of operation of the club so as to allow a 12:00 noon opening on Saturday, Sunday and holidays whereas the existing hours of operation are limited from 6:30 p.m. to 2:00 a.m. daily on property located at 3388 Via Lido (nightclub site), between Via Oporto and Via Malaga; and parking site located at 500 -516 32nd Street at corner of Villa • Way and 32nd Street In Central Newport. Report from Planning Department. The City Clerk advised that after the agenda was printed, a letter was received from the Balboa Peninsula Planning Advisory Committee recommending the subject application be denied. Volume 49 - Page 204 ROLL CALL • • • CITY OF NEWPORT BEACH MINUTES X cacl:wwo_J, W F H- MMMUC70 ¢ MP G > 0Z w May 22, 1995 IND The Planning Director summarized the staff report AtlantiE as follows: the building which houses the private club was permitted by the City in 1959; a private club use was permitted on the site in 1974; required parking for the uses within the building have always been provided using a combination of on site and off site spaces; the applicant is currently required to provide 71 spaces; the Club currently provides 23 spaces on site, 10 spaces in Lido Marina Village and 23 spaces at 32nd Street and Villa Way; at the Planning Commission hearing on April 20, 1995 opposition to the proposal was received except for live entertainment on Sunday afternoons between 2:00 and 6:30 p.m.; the Planning Commission subsequently unanimously approved the request as proposed by the applicant with the proviso that special parties be appraised of and encouraged to use the valet parking service provided by the applicant. James Raven, Applicant, addressed the Council in support of his request, stating the primary reason he would like to open earlier is because of the "fantastic" view from the Club, particularly during daytime hours, in addition to generating more revenue. Pat Galvin, 452 Cabrillo Terrace, representing Via Lido Plaza, addressed the Council in opposition to the subject request, stating they have a good relationship with the Applicant; however, there is a serious parking problem in their lot for the merchants as well as residents because of the impact of nightclubs and restaurant -goers who use their lot. He noted that the owners of the Plaza pay a large amount of money each month for security costs, and yet their own customers cannot find parking spaces. He felt that if the request is approved, it will only create a larger problem, and therefore, suggested the Council require the Applicant to provide valet parking at an off -site location during the expanded hours. Laith Ezzet, 2700 Newport Boulevard, addressed the Council in support of the subject request, stating the Via Lido Plaza parking lot is used primarily by persons going to the Warehouse Restaurant which holds 4 to 5 times the number of people than the Atlantis. He also felt that Mr. Raven "runs a tighter ship" than the other nightclubs in the area, and that his request should be granted. Volume 49 - Page 205 IEX Clb CITY OF NEWPORT BEACH MINUTES ROLL CALL q ¢ Q¢wWO w3Q=uc�o (Jl °? J w May 22, 1995 INDEX Ziggy Modnick, owner of Ziggy's Optical Center in • Via Lido Plaza, addressed the Council in opposition to the above request, stating he has been at the Plaza location for fourteen years, and that parking with the businesses across the street has always been an "awkward" situation; he frequently sees people parking in the Plaza lot and then walking across the street to Lido Marina Village to patronize those merchants; also, many of the employees of Lido Marina Village park in the Plaza lot; Saturdays are especially busy, and he feels additional parking from other sources will impact the businesses in the Plaza. He added that he does not think people are aware that there is parking available across the! street from the Plaza. Motion x Hearing no others wishing to address the Council, All Ayes the public hearing was closed, and motion was made by Mayor Hedges to sustain the decision of the Planning Commission. 27. Mayor Hedges opened the public hearing U/P 1581 (A) regarding USE PERMIT NO. 1581(AMENDED), Hooters Rest • HOOTERS RESTAURANT - Request to amend a previously approved use permit so as to change (88) the operational characteristics of an existing restaurant with on -sale alcoholic beverages, live entertainment, dancing and valet parking, on property located in the commercial area of the Cannery Village- McFadden Square Specific Plan Area. The proposed amendment involves a request to increase the "net public area" of the restaurant by adding an outdoor dining area on the street side of the building. The proposal also includes a request to expand the restaurant parking lot onto the adjoining property, the approval of an off -site parking agreement for the expanded parking; and the approval of a transfer of development rights from the off -site parking area (restaurant site is 2406 Newport Boulevard and 2410 Newport Boulevard is off -site parking lot site, on the easterly side of Newport Boulevard, southerly of 26th Street, on fhe Balboa Peninsula). Report from Planning Department. The Planning Director summarized the staff report • as follows: the proposal is to add an outdoor patio containing 674 sq. ft. to an existing restaurant containing 2,268 sql. ft. of net public area; the proposal also includes the addition of 38 parking spaces on the adjoining site to the west; the original restaurant use on this site was established by Use Permit in 1972; parking has always been a concern on this site with the requirement being met with a combination of on -site, off -site and guest dock spaces; the Planning Commission Volume 49 - Page 206 .a r NEWPORT BEACH MINUTES I, ¢ ¢ I I- ¢ ¢ 0 0 > 0 O > w w M May 22, 1995 CITY OF NEWPORT BEACH MINUTES ROLL CALL Ln C Q¢WW w3q ¢ ' =U00 0 >IA 0? May 22,1995 INDEX Mayor Pro Tern Debay referenced the letter from Hooters Rest • the Balboa Peninsula Planning Advisory Committee and questioned how this Committee became involved in this matter. In response to the above, Mayor Hedges commented that when he called this item up for public hearing, he also referred it to the Balboa Peninsula Planning Advisory Committee as well as the Economic Development Committee for review and comment. He stated that his motion was unanimously approved by the City Council, and that it was not his intention to overrule any decision of the Planning Commission. Mayor Pro Tem Debay indicated she was not in favor of an applicant "being bounced around" after that applicant has been before the Planning Commission, and that she also is not familiar with what the Balboa Peninsula Planning Advisory Committee is doing inasmuch as she has not seen any of their agendas or minutes. The staff indicated Mayor Pro Tern Debay would • be fumished with future agendas and minutes as requested. Ken Poole, Applicant, addressed the Council again and stated he attended the meeting of the Balboa Peninsula Planning Advisory Committee only to give them an idea of what his plans were with respect to landscaping and parking, and to answer any questions or concerns. John Loomis, Architect, addressed the Council again and stated they had no objection to the proposed additional condition suggested by the City Attorney which reads as follows: "Permittee shall ensure that any noise generated by the outdoor dining shall not be audible on any property zoned for residential use including property designated as residential pursuant to the provisions of the Cannery Village Specific Area Plan, and properly on Lido Peninsula that is designated PC and used for residential purposes." • Laith Ezzet, 2700 Newport Boulevard, Director of 28th Street Marina, addressed the Council and stated he hopes the City reserves the right to reduce the hours of operation if the improvements that have been proposed by the Architect are unsuccessful. Volume 49 - Page 208 CITY OF NEWPORT BEACH MINUTES ROLL CALL Ln Q Q�WW0�? W � xM=UU0 ¢ ir) Lo � H W May 22,1995 INDEX In response to the above, Mayor Hedges advised • that Mr. Eaet's concerns are addressed in the Conditions of Approval of the Use Permit. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Mayor Hedges moved to modify the decision of the All Ayes Planning Commission to include the additional condition as recommended by the City Attorney, and that Condition of Approval No. 20 be changed from 900 sq. ft. of landscaping to 1,500 sq. ft., with the additional sentence "the Planning Director has the authority to adjust the parking space ratio in order to achieve a rational application of the 1,500 sq. ft. requirement." 28. Public hearing regarding USE PERMIT NO. U/P 1956 (A) 1956(AMENDED) FOR THE THUNDERBIRD CLUB on Thunderbird Cl property located at 3505 Via Oporto, to determine (B 8 ) whether to rescind the revocation of, and fully reinstate subject use permit. Report from the City Attorney. • The City Manager advised that a letter has been received from Michael B. Montgomery, Attorney for the Thunderbird, requesting this item be continued inasmuch as he just received the materials fumished him by the City Attorney, and because he will be out of the country. As a result of this request, it is staff's recommendation this hearing be continued to July 10, 1995. The City Attorney reported that he has talked with Greg Mulholland, Manager of the Thunderbird, about the modifications to the valet parking in the structure and advised him that those modifications would not occur without approval of the Thunderbird, and he is very willing to cooperate in that regard. Mr. Mulholland also mentioned a possible problem with a condition that requires the front door to be closed which he feels impedes ingress and egress, and could create more problems that it solves. As a result, the City Attorney suggested the Planning Director be authorized to modify conditions relative to valet parking and the closure of the front door in the interim. • Greg Mulholland, Manager of the Thunderbird, addressed the Council and stated that July 10, 1995 was an acceptable date for continuance of their hearing, and that he was available for questions. Volume 49 - Page 209 ROLL CALL n eyes 0 • CITY OF NEWPORT rcjatouI MINUTES x w3Q.Wx°L90 p�q W a x W" o Z May 22, 1995 IND x Hearing no comments, motion was made by Mayor Thunderl: Hedges to continue this hearing to July 10, 1995, including the recommended modifications by the City Attorney which read as follows: "The Planning Director is authorized to modify conditions imposed by the City Council on June 27, 1994, relative to the requirement that all doors remain closed as well as valet parking to allow self - parking by patrons in areas other than those designated and striped in tandem for use by valets. The Planning Director may authorize an interim modification to the valet parking plan in so far as it relates to self - parking in the structure and the manner by which patrons pay for parking, provided: 1) The permittee agrees to the modifications; 2) The permittee acknowledges that any modification shall not, in any way, affect the City Council's decision on June 27. 1994, or the Council's authority to lift the stay of revocation; and 3) That limited self - parking by Thunderbird patrons will not reduce available parking below the number required by the Zoning Code." PUBLIC COMMENTS: None. ORDINANCE(S) FOR ADOPTION 29. Proposed ORDINANCE NO. 95 -15, being, Ord 95 -' Offense: AN ORDINANCE OF THE CITY COUNCIL OF Nuisance THE CITY OF' NEWPORT BEACH AMENDING (70/27) CHAPTER 10.54 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO INDECENT EXPOSURE. Recycled report from Assistant City Attorney, dated May 2,1995; AND 30. Proposed ORDINANCE NO. 95 -16, being, Ord 95 -: Adult BI AN ORDINANCE OF THE CITY COUNCIL OF (27) THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.96.010 AND 5.96.045 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ADULT BUSINESSES; AND 31. Proposed ORDINANCE NO. 95 -17, being, Ord 95- Enterta AN ORDINANCE OF THE CITY COUNCIL OF Estab THE CITY OF NEWPORT BEACH AMENDING (27) CHAPTER 5.28 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ENTERTAINMENT ESTABLISHMENTS. Volume 49 - Page 210 EX ird C11 .5 c & :s L6 isiness 17 inment CITY OF NEWPORT BEACH MINUTES v, 3 Q¢WW_3 W H F-WP0OZ 3 ¢ g Ld Q 2 0 > 0 F-1 0 May 22, 1995 I X Motion was made by Council Member O'Neil to adopt Ordinance Nos. 95 -15, 95 -16, and 95 -17, as presented in the foregoing. CURRENT BUSINESS 32. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS EQA /CAC ADVISORY COMMITTEE VACANCY. x Motion was made by Mayor Pro Tem Debay (District 2) to confirm appointment of Murray Josiln to fill unexpired term of Gregg Schwenk. 33. Letter from Board of Directors of OCTA regarding OCTA OCTA CORRIDOR ELECTED OFFICIALS COMMITTEE. (54 ) X Mayor Hedges appointed Council Member John Cox as the City's representative to the subject committee that will provide policy input for the corridor Major Investment Study (MIS), which is an analysis of high capacity transportation alternatives between Fullerton and Irvine. 34. Letter from LEAGUE OF CALIFORNIA CITIES League REGARDING LEAGUE RESTRUCTURING SUPER Cities COMMITTEE. (6I ) x Mayor Hedges confirmed appointed of Norma Glover as the City's representative to the subject committee that will analyze source needs and delivery mechanisms within the County and recommend changes to local government structures. Meeting adjourned at 9:25 p.m. «res•soo«oe«ee«e«o e«o The agenda for this meeting was posted on May 17, 1995 at 1:15 p.m., and the supplemental agenda was posted on May 18, 1995 at 3:10 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: V T City Clerk 6�. v 1 F 0 R Volume 49 - Page 211 NDEX CA