HomeMy WebLinkAbout07/10/1995 - Regular MeetingROLL
CALL
•
Present
Excused
Motion
All Ayes
Motion
All Ayes
•
C
CITY OF NEWPORT BEACH
QM-111 AR r'(IIINr'll MFFTINr.
MINUTES
A
N
0�
J
PLACE: Council Chambers
F-¢0
>
-
W
TIME: 7:00 P.M.
X
t-
M
(a
x
O
Z
DATE: July 10, 1995
Li
Xq=°0o
IND
CLOSED SESSION - 5:00 a.m. [Refer to separate agenda
from City Attorney]
CLOSED SESSION REPORT PRESENTED: None
RECESSED AT 6:50 P.M.
RECONVENED AT 7:00 P.M. for regular meetina
Pledge of Allegiance.
Invocation by Lloyd Sellers, Chaplain, Hoag Memorial
Hospital.
x
x
x
x
x
x
ROLL CALL
X
x
Reading of Minutes of Adjourned Meeting of June 19, and
Regular Meeting of June 26, 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.
MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO
REPORT ON AT A SUBSEQUENT MEETING:
• As requested by Council Member O'Neil, the Public
Works Director gave an update on the Pacific Coast
Highway resurfacing project in Corona del Mar, stating
that within two weeks, Caitrans will be raising most of
the manhole covers to be level with the newly
resurfaced street.
• Mayor Hedges noted that pursuant to Chapter 11.16 of
the Municipal Code, and a Resolution adopted by the
City Council, lifeguards do not have the authority to
allow board surfing during certain periods such as
rainy /foggy days, etc., and therefore, he would like this
issue referred to the Parks, Beaches & Recreation
Commission for report and recommendation so that
possibly the beaches can be open to surfing activity
at the sole discretion of the lifeguards.
• Mayor Hedges stated he met with a representative of
the Heritage Publishing Company who is working with
the Newport Harbor Nautical Museum on an illustrated
history of Newport Beach, and that the City Manager
and staff will be contacted for information.
MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE
ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT:
None.
Volume 49 - Page 292
iEX
ROLL
CALL
M0 ion
All Ayes
•
CITY OF NEWPORT BEACH
MINUTES
v,
X
W
I—¢
�
XMMUUO
M
9
>W
0
Z
Jury 10, 1995
IND
CONSENT CALENDAR
X
The following items were approved, except for those items
removed:
ORDINANCE(S) FOR INTRODUCTION
Pass to 2nd reading on August 14,1995:
1. Proposed ORDINANCE NO. 95 -29,
Ord 95-
Municip
REPEALING OBSOLETE, OR PREEMPTED CHAPTERS
Code
OF THE NEWPORT BEACH MUNICIPAL CODE AND
Revisio
PORTIONS THEREOF, AND AMENDING PORTIONS
(53)
OF CHAPTERS 1.20, 3.22. 5.04, 5.12, 5.20, 12.46,
13.01, 15.32, 15.45, AND 19.12 FOR THE PURPOSES
OF MAKING THE CODE INTERNALLY CONSISTENT
AND CONSISTENT WITH STATE LAW. [Report from
Assistant City Attorney]
Schedule for public hearing on August 14,1995:
2. Removed from the Consent Calendar.
3. Proposed ORDINANCE was deleted from the
agenda.
AMENDING SECTION 15.32.015 OF THE NEWPORT
BEACH MUNICIPAL CODE ESTABLISHING
REGULATIONS FOR UNDERGROUNDING UTILITIES.
[Report from Public Works and Building
Departments]
RESOLUTION(S) FOR ADOPTION
4. Resolution No. 95.82, requiring vehicles traveling
Parking
on KINGS ROAD to stop at the intersection of CLIFF
Cliff L
DRIVE. [Memorandum from Public Works/Traffic
Res 95-
Engineering]
(85 )
5. Resolution No. 95 -83, declaring City's intention to
Vacatic
vacate and abandon a portion of the HAMPDEN
Abandm
ROAD right -of -way; accepting a map showing the
Hampder
street to be vacated; and setting August 14, 1995,
R -O -W
as the date for the public hearing. [Report from
Res 95-
Public Works Department]
(9 0 )
6. Resolution No. 95 -84, authorizing the investment
1st Int
and custody of funds with FIRST INTERSTATE BANK
state I
OF CALIFORNIA (CONTRACT NO. 3053).
C -3053
[Memorandum from Finance Director]
Res 95-
7. Resolution No. 95 -85, establishing additional
Revenue
penalties on DELINQUENT PARKING CITATIONS.
Delingt
[Report from Revenue Manager /Finance
Pkg Cii
Department]
Res 95-
C -30691
Volume 49 - Page 293
ROLL
CALL
•
•
CITY OF NEWPORT BEACH
MINUTES
s�waxoz
Qa
W
=WW0�,
3
}
g
W
U
2
0
W
>W
0
H
0
July 10, 1995
INT
CONTRACT(S) AND AGREEMENT(S)
8. TIDELANDS OIL FIELD OPERATION FACILITIES
Sampson.
CONTRACT NO. 2428 FOR OPERATIONS AND
Tidelani
MAINTENANCE - Approve contract renewal
Fld Ope3
authorizing contractor to operate and maintain
C -2428
the City -owned oil and gas production facilities.
(38 )
[Report from Public Works /Utilities]
9. GROUNDWATER DEVELOPMENT PROJECT CONTRACT
Grndwtr
NO. 3004 -M FOR CONSTRUCTION OF WATER
Pry /Rear
PIPELINE REACH NO. 4 (PHASE 1) - Find that the
Ph 1
lowest bidder Steve Casada Construction.
C- 3004 -P
Company meets the requirements for completing
(3 8 )
the proposed contract work and declare them the
"low bidder," and award subject contract in the
amount of $214,395. [Report from Public
Works /Utilities]
10. MACARTHUR BOULEVARD WIDENING
MacArthi
PROJECT /PACIFIC COAST HIGHWAY TO FORD ROAD
Wdng /PC1
(CONTRACT NO. 2.825) - Authorize execution of
Ford Roe
Amendment No. 2 for an Engineering Services
C -2825
Agreement with Robert Bein, William Frost 8.
(38)
Associates increasing the compensation amount
by $140,461 for fees and the budget for
reimbursables by $35.000. [Report from Public
Works Department]
11. PERSONNEL VACANCIES - Report from Personnel
(66 )
Director.
12. CLAIMS - For Denial by the City Manager.
(3 6 )
Sheri Lee Gallord alleging ball from park hit
windshield of vehicle causing crack on June 18,
1995 at Grant Howald Park Parking lot; seeking
reimbursement of $259.94.
Michelle J. Holtz, 319 Monte Vista #D, Costa Mesa,
CA 92627, alleging illicit acts, or emissions to act,
against arresting Police Officer on January 21,
1995.
Mischelle Perlman alleging City tree caused sewer
backup and broke sidewalk at 4607 Surrey Drive on
October 14, 1994,
Ai Walter alleging his parked vehicle was hit by
emergency vehicle causing damage to right front
of car on June 11, 1995 at Channel Place.
13. AGENDA OF JULY 6, 1995 /ACTIONS BY THE
(68)
PLANNING COMMISSION.
Volume 49 - Page 294
IEX
Oil/
Is Oil
Fac
Devel
,h 4
M
a
ROLL
CALL
•
•
CITY OF NEWPORT BEACH
MINUTES
v,
q¢
woo
w
rn
w
=cacao
o
11�
>w
�
J
Z
July 10, 1995
1 N
14. GENERAL PLAN AMENDMENT NO. 95 -2 - Report
GPA 95 -,
from Planning Department to initiate amendments
(45 )
to the Newport Beach General Plan and set for
public hearing before the Planning Commission:
B. Newport Center Drive - Amend the General
Plan Circulation Element to change the arterial
roadway classification for the ring section of
Newport Center Drive from a Major Road (Six -
lane, Divided) to a Primary Road (Four -lane,
Divided). This amendment will allow for
establishment of parallel parking on Newport
Center Drive around Fashion Island;
AND
C. Newport Village - Amend the General Plan
Land Use Element to redesignate the 10 acre
site located at the corner of East Coast Highway
and MacArthur Boulevard from Governmental,
Education and Institutional Facilities to Retail
and Service Commercial, in order to allow the
construction of a retail shopping center. The
square footage of development allocated to
the site will remain the same at 100,000 sq.ft.;
AND
D. Newport Harbor Art Museum - Amend the
General Plan Land Use Element to re- establish
the land use designation of Governmental,
Educational and Institutional Facilities for the
former Newport Center Branch Library site, and
to establish an overall museum development
allocation of 70,000 sq.ft., which will
accommodate both the short-term and long-
term development program of the Newport
Harbor Art Museum;
AND
E. Newport Harbor Lutheran Church - Amend
the General Plan Land Use Element and the
Local Coastal Program, Land Use Plan to
increase the permitted level of development on
the Newport Harbor Lutheran Church site. This
request will include the exchange of land to
facilitate the provision of access and parking for
the view park on the Upper Castaways site.
Volume 49 - Page 295
IEX
CITY OF NEWPORT BEACH
ROLL
CALL
¢
3~"'QxoZ
P
~
3
C[:
q
U
i
°v
W
U
W
o
July 10, 1995 INDEX
15. ENCROACHMENT AGREEMENT FOR CONSTRUCTION
Encroachm
•
AND MAINTENANCE OF PROPOSED PRIVATE
Permit /511
IMPROVEMENTS WITHIN THE TUSTIN AVENUE PUBLIC
Tustin Av
RIGHT -OF -WAY ADJACENT TO 511 TUSTIN AVENUE,
(65)
NEWPORT HEIGHTS - Approve the application
subject to execution of an Encroachment
Agreement for non- standard improvements:
authorize execution of the Agreement; direct the
City Clerk to have the Agreement recorded with
the Orange County Recorder, and authorize
execution of an Encroachment Permit issued by
the Public Works Department. [Report from Public
Works Department]
16. ACCEPTANCE OF READILY ACHIEVABLE ADA
ADA Alter
ALTERATIONS AND PRIORITY STRUCTURAL ADA
C -2941
ALTERATION (CONTRACT NO. 2941) - Accept the
(38)
work;. authorize the City Clerk to file a Notice of
Completion: and authorize the City Clerk to
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]
Bayside Dr/
17. STORM DRAIN IMPROVEMENTS ALONG BAYSIDE
Santiago Dr./
•
DRIVE, SANTIAGO DRIVE, OCEAN BOULEVARD,
Ocean Bl /Kinc
KINGS ROAD AND KINGS PLACE (CONTRACT NO.
Rd /Kings Pl
2930) - Affirm the Categorical Exemption of
Strm Drn Imp
Environmental Impact, approve the plans and
C -2930
specifications: and authorize Staff to advertise for
(38 )
bids. [Report from Public Works Department]
18. OIL FIELD OPERATIONS, STORM DRAIN IMPROVEMENT
Strm Drn Imp/
PROJECT (CONTRACT NO. 2976) - Accept the work:
Oil Fld Oper
authorize City Clerk to file a Notice of Completion,
C -2976
and release the bonds 35 days after Notice of
(38 )
Completion has been filed and recorded in
accordance with the applicable provisions of the
California Civil Code. [Report from Public Works
Department]
19. GROUNDWATER DEVELOPMENT PROJECT CONTRACT
Grdnwtr Deve]
NO. 3004-N FOR CONSTRUCTION OF WATER PIPELINE
Prj /Reach 4/
REACH NO. 4 /PHASE II - Approve plans and
Ph II
specifications; authorize City Clerk to advertise for
C- 3004 -N
bids to be opened at 2:00 p.m., August 16, 1995 at
(3 8 )
the office of the City Clerk. [Report from Public
Works Department]
•
20. BONITA CREEK PARK IRRIGATION
Bonita Crk Pk
IMPROVEMENTS /GREEN ACRES RECLAIMED WATER
Irgtn /Green
PROJECT (CONTRACT NO. 3055) - Approve plans
Acres Rclmd
and specifications, and authorize City Clerk to
Wtr
advertise for bids to be opened at 2:30 p.m.,
C -3055
August 3, 1995, at the office of the City Clerk.
(38 )
[Report from Public Works Department]
Volume 49 - Page 296
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
u•,
¢
A
W
¢
x
¢0
w
w
°
U
'w
o
L90
?
July, 10, 1995
INDEX
21. HARBOR PERMIT 133 -88 BY ROBERT GUGGENHEIM -
Harbor Perm
Approve application to revise the residential float
Apl 133 -88/
bayward of 88 Linda Isle, subject to conditions in
Guggenheim
the staff report. [Report from Harbor and Beaches
(51)
Committee]
22. SPECIAL EVENTS PERMIT - Approve Application No.
Special EvntE
95 -201, for the B.P.O. Elks, Newport Harbor lodge
Perm Apl
No. 1767 to hold a Luau on Saturday, July 22, 1995,
95 -201
from 4:00 - 10:00 p.m., with use of amplified sound;
(27 )
subject to conditions in the staff report from the
Recreation Manager. The applicant is also
requesting to close the parking lot from 12:01 a.m.,
Friday, July 21 until 8:00 a.m., Sunday July 23, 1995.
23. MASSAGE OPERATOR /TECHNICIAN APPEALS -
Massage Oper)
GRANT Technician Permit to Carolyn Stevens, and
Tech Appeals
accept, approve and adopt determination of the
(2 7 )
Hearing Officer as denial for Sue Norman, Coral
Roberts, Robin Covarrubias and Ai Lien Ninh.
[Report from City Attorney's Office]
24. BUDGET AMENDMENT(S)
BA -001, $2,309 - Removed from the Consent
•
Calendar.
ITEM(S) REMOVED FROM THE CONSENT CALENDAR
2. Report from Planning Department recommending
Ord 95 -30
introduction and scheduling a public hearing on
Zoning
proposed ORDINANCE NO. 95 -30,
(9 4 )
AMENDING TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE, PERTAINING TO OUTDOOR
DINING AND PARKING STANDARDS FOR
RESTAURANTS ((PLANNING COMMISSION
PCA 824
AMENDMENT NO. 824).
Mayor Hedges recommended Paragraph C on
Page 3 of the subject Ordinance be amended to
read as follows:
C. The decision of the Planning Director to
approve or deny an application is final, subject
to call up by the Planning Commission or call up
by the City Council for referral to the Planning
Commission within fourteen days.
The City Attorney also recommended changes to
this Ordinance as follows:
Item I, Line 4, Page I: add the words "and
specialty food businesses" after the word
restaurant.
Volume 49 - Page 297
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
M
¢
Q¢wA0
W=
¢
n=
N
0
'
0
IJ-I
W
0
,qty lo, 1995
INDEX
Item A, Page 2, fifth line, add the words: "or
•
specialty food use" after the word restaurant.
Item I, Line 2, Page 2: add the words "or
specialty food use" after the word restaurant.
Item B -4, Page 2: delete the phrase "be
seasonable in nature, (e.g. retractable canvas
awnings or umbrellas)."
Item 6, Page 3: delete Paragraph and renumber
Paragraph 7 to 6.
Motion
x
Mayor Hedges moved to introduce Ordinance No.
95 -30 as amended in the foregoing; schedule for
public hearing and second reading on August 14,
1995.
Paul Hitzelberger, 11 Carmel Bay Drive, addressed
the Council and requested that Item E on Page 3
which states that "the provisions of this Section shall
not apply to drive -in and take -out restaurants" be
deleted and that the Ordinance not be restricted
to just sit -down type restaurants.
•
In response to the above, the Assistant City
Manager, Planning and Building, stated the above
recommended change was not in the original
proposal initiated by the City Council; that when
the Planning Commission reviewed this issue, they
expressed a desire to maintain as much control as
possible and that drive -in and take out restaurants
were not consistent with the "ambience" they
were trying to create.
All Ayes
Hearing no further comments, the motion was
voted on and carried.
24. Report from Finance Director concerning BA -001,
BA -001
$2,309 - Provide for travel expenses for two
Travel /Meetg:
employees to attend a GIS users conference and
(40 )
one employee to meet with the STATE BOARD OF
EQUALIZATION; Management Information
Systems /Revenue Division /Fire Education Training
Funds.
In response to Council Member Glover, the City
Manager summarized the three requests for travel
•
as set forth in the staff report.
Motion
x
Motion was made by Council Member Glover to
Ayes
x
x
x
approve the request for travel for the Revenue
Noes
x
x
x
Manager to go to Sacramento to meet with the
State Board of Equalization, and to deny the other
requests for travel to Fort Collins, Colorado, which
motion FAILED.
Volume. 49 - Page 298
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
X
A
M
M
MX
M
N
°v
�
0Z
to,
0
J
o
July 1995 INDEX
on
x
Motion was made by Council Member Edwards to
Ayes
approve the request for travel for the Revenue
Manager to go to Sacramento to meet with the
State Board of Equalization, and to consider the
other two requests along with Agenda Item No. 30,
Travel and Meetings, later in the meeting.
PUBLIC HEARING(S)
25. Mayor Hedges opened the continued public
Golden Coast
hearing regarding APPLICATION FOR CERTIFICATE
Taxicab Co.
OF CONVENIENCE AND NECESSITY FOR GOLDEN
(27)
COAST TAXICAB COMPANY TO OPERATE THREE
TAXICABS (report from Revenue Manager /Finance
Department).
The City Manager noted that if approved, the
applicant intends to dedicate three vehicles to
service Newport Beach. These vehicles were
inspected by the Police Department, and their
report indicates that they meet applicable
Municipal and California Vehicle Code
requirements.
Gary Shiffman, representing the applicant,
addressed the Council and stated that Golden
Coast Cab currently operates 11 taxi -cabs; the
owner is an honorable businessman, and that he
was available for Council questions.
Hearing no comments, and no one else wishing to
address the Council, the public hearing was
closed.
Motion
x
Motion was made by Council Member Cox to
All Ayes
approve request for Golden Coast Taxicab
Company, as recommended in the staff report.
26. Mayor Hedges opened the continued public
U/P 1956(A)/
hearing concerning USE PERMIT NO.
Thunderbird
1956(AMENDED) FOR THE THUNDERBIRD CLUB, on
Club
property located at 3505 Via Oporto, to determine
(8 8 )
whether or not to rescind the revocation of subject
use permit (report from City Attorney).
Mayor Hedges stated "this is the time for the public
hearing on Use Permit No. 1956. On June 27, 1994,
the City Council revoked this Use Permit but stayed
revocation for a period of six months after
•
imposing many conditions. The City Council
conditions specify that —and I'm quoting from
Condition VII(A) —The City Council shall rescind the
revocation and fully reinstate Use Permit
1956(Amended) upon a determination the
Volume 49 - Page 299
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
q
3�x
W
3
WA
wn
n
o
=
°
a'
'0Z
U
J
July 1o, 1995 INDEX
Permittee has operated in substantial
Thunderbird
conformance with these conditions and upon a
Club
determination there has not been a significant
number of violations of State or local laws or
regulations by Bacchus or Bacchus patrons, which
were attributable to the business practices of
Permittee or the failure of Permittee to control
patrons.
"So there is no confusion, Conditional Use Permits
run with the land, and on that basis the City
Council will make their decision.
"The City Council has received two lengthy reports
from the City Attorney and numerous declarations
from Police Department employees and citizens
relative to this hearing. The City Attorney is
representing the staff, specifically the Police and
Planning Departments and there is no
recommendation from the City Attorney in his staff
report. Mike Montgomery is representing the
Permittee which is doing business as the
Thunderbird."
Council Member O'Neil stated that even though
he has not pre - judged this case, he must recuse
himself from acting as a decision maker based on
his long -time professional and to some degree,
personal relationship with one of the principles of
the Thunderbird, and therefore, he will vacate his
seat at this time.
The City Attorney stated he had nothing to add at
this time other than to offer the supplemental
declarations referenced in his memorandum of
July 7, 1995. He noted that three police officer
witnesses were in attendance to testify.
It was pointed out that a court reporter was in
attendance to transcribe these proceedings in full
and that once this hearing was completed, those
proceedings would be made part of the City
Clerk's records. Therefore, these minutes will only
provide a summary.
In response to question raised by Council Member
Glover, the City Attorney noted that on June 27,
•
1994, the City Council determined that Use Permit
No. 1956 (Amended), which authorized the
establishment of a restaurant as Bacchus on
property at 3505 Via Oporto, should be revoked.
The basis for the revocation was excessive noise,
numerous violations of State or local law by the
permittee and patrons, and the failure of
management to change the business practices
which caused these problems. However, the
Council stayed the revocation because new
Volume 49 - Page 300
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
L0
3
w3o=°0o
F
M
N
A
x
o
FJ1
z
July 10, 1995
INDEX
ownership committed to change the basic use
Thunderbird
•
from nightclub to restaurant, promised to manage
Club
the business in a responsible way, and agreed to
modified conditions intended to ensure that the
primary use of the property would be a restaurant
emphasizing the sale of food. He stated that the
two issues the Council needs to focus on tonight is:
1► has there being substantial compliance with the
modified conditions of approval, and 2) has there
been violations of criminal law attributable to the
business practices of the permittee.
Michael Montgomery, 10501 Valley Boulevard, El
Monte, representing the Thunderbird, stated there
are two operations under consideration, i.e., the
Thunderbird Club and the Toukan Restaurant. He
indicated the question is whether there has been a
significant number of violations to warrant
revocation of the Use Permit or whether the
applicant will be permitted to continue its
operation; he also noted that the Thunderbird is
not in any way connected to the prior ownership.
Mon
x
It was noted that this hearing could take longer
X
x
x
x
x
than anticipated, and therefore, motion was made
by Mayor Hedges to move this hearing to the end
of the meeting.
Council Member O'Neil resumed his seat at this
time.
27. Mayor Hedges opened the public hearing
Weed Abatemei
regarding the 1995 WEED ABATEMENT PROGRAM
(41)
(report from the Fire Chief).
The City Manager stated that the City Council on
June 12, 1995, adopted Resolution No. 95 -55,
declaring that weeds and other public nuisances
existing upon streets, alleys, sidewalks, parkways
and private property within the City be abated.
The Fire Department staff has identified the
properties in need of cleaning as listed in their
report. All affected property owners have been
notified of this public hearing by mail.
Hearing no one wishing to address the Council, the
public hearing was closed.
n
X
Motion was made by Council Member Cox to
Resolution No. 95.86, ordering the Fire Chief
Res 95 -86
A
adopt
yes
to abate weeds and other nuisances identified to
be existing upon streets, alleys, sidewalks, parkways
and private property within the City; and schedule
a public hearing on August 28, 1995 to confirm
assessments against those properties cleaned by
the City.
Volume 49 - Page 301
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
Q'
3
A
3
;
In
M
_
x
U
rY
o
(9
IJ-1
z
o
Jr,ly,o,,99s
INDEX
28. Mayor Hedges opened the public hearing
Ford Motor
•
regarding proposed ORDINANCE NO. 95 -27,
Land Dev Corp
DevAgm No. 8
ADOPTING A DEVELOPMENT AGREEMENT
(45/94)
BETWEEN THE CITY OF NEWPORT BEACH AND THE
FORD MOTOR LAND DEVELOPMENT
CORPORATION WITH RESPECT TO THE FORD
LAND /NEWPORT PROJECT (DEVELOPMENT
AGREEMENT NO. 8).
Report from Planning Department - Request of Ford
Motor Land Development Corporation for
approval to redesignate the former Ford
Aeronutronic /Loral property from industrial to
residential use with a maximum of 500 single - family
attached or detached units at an average density
of 5.1 units per acre, subdivide the property into
large lots for subsequent conveyance to builders,
and adopt a development agreement for the
project; Certificate of EIR No. 153 /General Plan
Amendment No. 93 -2(A) /Planning Commission
Amendment No. 800/Tentative Map of Tract No.
14925, on property located at 1000 Ford Road. .
John Douglas, Principal Planner /Environmental
•
Coordinator, summarized his report as follows:
The property is the former site of Ford
Aeronutronic and Loral facility, approximately
1.2 million sq.ft. in size located east of Jamboree
between Bison Avenue and Ford Road, and is
surrounded entirely by residential development,
i.e., Bayridge and Belcourt Terrace areas are to
the north, to the east is Belcourt, to the south is
Belcourt Hill and Big Canyon, and to the west is
Easibluff. The project site is approximately 100
acres and there is a maximum of 500 residential
units proposed.
The project presents an unusual opportunity for
the City in that the redevelopment would
represent a less intense use than the existing
industrial facility, for example, in terms of traffic,
the previous Ford Aeronutronic site generated
approximately twice as much traffic as the
residential project will produce; there would also
be corresponding reductions in noise and air
emissions and eliminations of health hazards
•
from existing industrial operation; there would
be a positive fiscal impact to the City.
Volume 49 - Page 302
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
¢
Q¢WWooz
W
Xm=uuo
¢
'
'
W
coq, io, 1995
INDEX
As to the concerns and potential impacts
Ford Motor
•
identified as part of the Planning Department's
Land Dev Corr
review of this project, the City hired consultants to
prepare the EIR and review work done by Ford to
eliminate any potential conflict of interest in
preparing the material contained in the EIR. The
major concerns addressed were:
1. Existing soil and groundwater contamination
from the previous 30 years: Is the site suitable for
residential use? Could development
exacerbate conditions or expose existing or
future residents or construction personnel to
hazardous materials?
2. Traffic impacts: Total traffic would be
reduced, but would there be any localized
traffic impacts, e.g., Eastbluff?
3. Impacts during construction (noise, dust,
hazardous materials):
1. Soil / aroundwater contamination
Primary jurisdiction lies with RWQCB and
•
OCHCA for review and approval of cleanup
plan.
In addition, City has retained independent
expert to monitor and verify Ford's
compliance with cleanup requirements.
City's EIR concludes that:
(a) Based on all available information, the
site is suitable for residential development.
(b) Development would not present health
risks to residents or workers if proper
procedures are followed.
Mitigation requirements
Mitigation to be phased with development
sequence:
(1) No demolition until all hazardous
•
materials have been removed.
(2) No grading until soil cleanup is
completed to the satisfaction of
RWQCB / OCHCA and City.
Volume: 49 - Page 303
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
W
¢�¢U
3
M
~°4gxoZ
3
A
=
c°»
'W
o
July to, t995 INDEX
(3) No residential development until any
Ford Motor
•
long -term groundwater remediation
Land Dev Corp
equipment has been demonstrated to
present no health risk to existing or future
residents.
2. Traffic impacts
Eastbluff traffic is perceived as an existing
problem.
EIR concludes that project would
contribute incrementally to traffic, but is not
a significant impact.
Ford not legally required to remedy existing
Eastbluff traffic problems.
Ford has voluntarily agreed to contribute to
the funding of solutions agreed to by
Eastbluff and the City. The Development
Agreement addresses this issue.
The City Attorney noted the following modifications
•
to the Development Agreement:
Page 7 - provisions have been added that
would allow the City Council to reject
applications for permits if the issuance of
those permits would be injurious to public
health and safety.
In terms of park fees, Ford Land has agreed
to advance $500,000 in park fees after
execution of the Development Agreement
for immediate use by the City for whatever
project is appropriate.
The provisions have been expanded in the
Agreement relative to affordable housing,
i.e., it would fix Ford Land's affordable
housing requirement at 150 of the units
permitted by the development plan which
is 500, or if Ford relinquishes any units, it
would be 15% of that lesser number. The
modified provisions would also require Ford
Land to participate in a Task Team process
•
where different parties would engage in a
series of discussions designed to identify
affordable housing opportunities in the City,
and if that Task Team reaches the
conclusion within two years, the Council
could require Ford to pay an affordable
housing in -lieu fee up to 2.5 million dollars to
Volume 49 - Page 304
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
A
3�
q¢
w
3
w
M
U1
w
2
x0Z
o
U
J,
C 9
J
0
July 10, 1995 INDEX
implement the Task Team
Ford Motor
recommendation. If the Task Team does
Land Dev Corr
not come up with the recommendations
regarding an affordable housing project
within that 2 -year period, and there is no
extension by mutual agreement, Ford
would have the option of either providing
15% of the housing, paying an in -lieu fee of
$5500 per residential unit or a combination
of those two means to satisfy their
affordable housing requirement.
Page 12, Section 5.4 - Environmental
Monitoring: staff has clarified the role of the
independent environmental monitor.
Page 13, Section 5.5, Reference to Eastbluff
Traffic problem: Ford will be required to pay
1007o of the solution to this problem if the
solution costs $50,000 or less, or if the
solution costs in excess of $50,000, Ford's
minimum contribution would be $50,000
with a maximum contribution of $75,000.
Page 13, Section 5.6 has been added to
•
minimize any drainage impacts on
development which would require that all
structures have gutters and down spouts,
the master association would agree to
maintain on -site storm drain systems, and
water from down spouts would be
transported to streets for ultimate disposal
through storm drain systems.
Council Member Watt indicated she would like to
add language in the Development Agreement
requiring the screening of certain landscaping, to
which the City Attorney stated that such a
requirement could be added to Section 5.7,
Special Public Benefit Provision.
Tim Ridner, Development and Operations M6nager
for Ford Motor Land Development Corporation,
stated they were prepared to give a slide
presentation at this time, but inasmuch as the City
Attorney and Mr. Douglas have covered the issues
very effectively, he will leave that decision to the
City Council. He thanked the City staff for its
•
"professionalism and cooperation throughout this
process" and urged the Council to support the
project which he felt will become one of the
premiere residential communities in the City.
Council Member Edwards complimented Mr.
Ridner and his team for being a good corporate
neighbor, as well as all the City staff who have
given so much time to this project.
Volume 49 - Page 305
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
(f!
M
3
W3A
F-
¢0
W
N
M
=U0o
x
'X
'W
o
H
z
July 10, 1995
INDEX
Walter Cruttenden, 14 Chatham Court, resident of
Ford Motor
.
Belcourt, addressed the Council and stated he
Land Dev Corp
welcomed the proposed project with open arms
and felt it would be a great asset to the City.
Howard Herzog, 1 N. Hampton Court, representing
the Belcourt Hill Homeowners Association,
addressed the Council and stated they oppose
the development because they felt that Ford
should have cleared all the environmental hazards
from the property prior to requesting any
approvals from the City. He stated that the land
has been polluted by previous use and that there
is hazardous waste and leaking underground
storage tanks on the site. There was also radio
active material on the property.
Peter J. Laird, 2218 Aralia Street, representing
Eostbluff Homeowners Association, addressed the
Council in support of the proposed development
and urged approval and certification of the EIR.
He stated that Ford has demonstrated to them that
they are good neighbors by their offer to assist
Eastbluff and the City in solving the traffic
problems.
Council Member Edwards complimented Mr. Laird
and other residents of Eastbluff for the manner in
which they approached the traffic problem.
Warren Sturtevant, 2028 Vista Cajon, representing
the Bluffs Homeowners Association, addressed the
Council and stated they have met with Ford
representatives and have resolved their concerns.
He thanked Council Member Edwards for all his
help and expressed appreciation to Ford for
understanding their issues.
Jeffrey Gwin, 1943 Port Trinity, representing Mariners
Church, addressed the Council and stated they
have been good neighbors with the Ford Motor
Company for a number of years in that they use
their parking facilities when they have an overflow,
and Ford has always been very cooperative and
ethical in their dealings. They feel the project will
be good for the City and urge its approval.
•
Rush Hill, Chairman of the Economic Development
Committee, addressed the Council and stated
they have discussed this project with
representatives of the Ford Motor Company and
have reviewed the economic analysis as it relates
to the cost and benefit to the City. They
recommend the City approve the land
development agreement; that the Council
Volume 49 - Page 306
CITY OF NEWPORT BEACH
ILIA, a ION-1
ROLL
CALL
Lm
¢�¢0
X
W
FppMX0Z
X;
M
M°
Q_'
>W
L9
N
o
1�1y �o, 1995
INDEX
commend the staff for the efforts they have made
Ford Motor
•
to date on this project, and direct them to
Land Dev Corp
continue to fast -track the approvals that will be
required to see this project through to actual
completion. They believe this project will provide
the City with quality residents who will support the
business districts and restaurants, and believe the
use of the site is a great reduction over the
previous manufacturing use. They are in full
support of the project and urge that it be moved
along as rapidly as possible.
Richard Luehrs, President of Newport Harbor Area
Chamber of Commerce, addressed the Council in
support of the proposed development, and stated
they felt the project is a very positive step in the
orderly progression of the community, and is a
well- planned constructive residential addition
replacing an industrial site; the project will bring
much needed additional revenue to the City and
will provide in excess of $8 million in development
fees alone; it is projected to annually produce
sales tax of approximately $125,000, property tax of
over $600,000, and gas tax of $18,000, etc., and for
these and many other reasons, the Chamber urges
approval.
Bob Duke, 85 Hillsdale Drive, Belcourt Terrace,
addressed the Council in support of the project;
however, he stated that on several occasions the
Belcourt Terrace residents have requested Ford
and City representatives to provide suitable
landscaping along the entire length of the Hillsdale
Drive boundary wall to provide mutual screening
for the benefit of the two communities. Therefore,
they request the project be specifically
conditioned upon the landscape screening as
shown on the Draft EIR drawings. In addition, they
would like the specific landscaping responsibility to
rest with the respective homeowner associations
rather than with individual homeowners.
Barbara Magness, 9 St. Tropez, addressed the
Council and stated she operates a boutique in the
Newport North Center just north of the proposed
development, and felt the project will not only
increase her business, but benefit all of Newport
•
Beach.
Dolores Otting, 17 Hillsborough Drive, addressed the
Council in support of the project; however, she was
concerned about the clean -up process and
hazardous waste as referenced by Mr. Herzog.
Volume 49 - Page 307
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
A'
3F�Qxoz
w
3
m
U7
=
°
0!
;
J
o
July fo, 7995 INDEX
Tom Brunson, 901 Celtis Place, addressed the
Ford Motor
•
Council and stated he felt the proposed project
Land Dev Corp
will enhance the community and be a welcomed
addition. He stated he resides in Eastbluff and
complimented the Ford Motor Company for a job
well done.
Bill Dietz, 308 Avenida Carlos, Bluffs resident,
addressed the Council and cautioned them to not
"rush to judgment" with respect to the many
comments regarding Ford's good reputation
inasmuch as "the matter of clean -up and some of
the environmental results may be something we
have to live with."
The City Manager noted there are provisions in the
Development Agreement as well as the EIR
regarding the removal of hazardous materials, and
the staff feels this project has been conditioned as
such that all of these concerns will be taken care
of and there will not be any threat to public
health, etc.
Council Member Watt referenced the concerns of
Mr. Duke and the residents along Hillsdale Drive,
•
and read into the record the following proposed
condition to the development agreement:
"A landscape screen shall be provided along
the boundary of the Ford Land project and the
Belcourt Terrace project adjacent to the
Hillsdale Drive boundary wall. Existing trees on
the project site at that location shall be retained
to the extent feasible and prudent. Additionally,
where necessary to supplement the existing
trees, similar trees of no less than 244nch box
shall be provided to assure a reasonable
landscape screen between the Ford Land
project and the Belcourt Terrace project.
Design details for the landscape screen shall be
reviewed and approved as part of the 'B Map'
tentative tract map approval process."
Tim Paone, Legal Counsel for Ford Motor
Company, addressed the Council and suggested
the following additional sentence be added to the
above condition:
•
"Appropriate CC &R provision to facilitate the
long -term maintenance of the landscape
screen by individual lot owners will be
addressed as part of the 'B Map' tentative tract
map approval process."
Volume 49 - Page 308
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
A'
X
Q¢
W
3QMU(.90
w
CIl
QX0z
w
o
Q'
J'
J
July to, 1995
INDEX
Bob Duke addressed the Council again, and
Ford Motor
•
stated that Ford represented in their drawings that
Land Dev Corp
there would be landscaping going to the rooftops,
but now they are talking about putting in 24" box
trees, and there is nothing in the Development
Agreement that specifies how high they will be
allowed to grow, etc. He suggested there be some
provision requiring that both parties negotiate on
this issue at the appropriate time.
The City Attorney stated that Mr. Duke's concern is
that his homeowners association be given the
opportunity for input relative to the proposed
landscape plan before it is actually submitted to
the Planning Commission.
John Douglas stated that when the "B Map" is
submitted to the City, it will be reviewed and
compared against the representations in the EIR.
In addition, the Belcourt Terrace Homowners
Association will be notified when the public
hearing is held on the tentative map by the
Planning Commission.
Hearing no others wishing to address the Council,
•
the public hearing was closed.
Motion
x
Motion was made by Council Member Waft to take
All Ayes
the following actions with the added condition
regarding landscaping:
(a) Adopt Resolution No. 95 -87 certifying the
Res 95 -87
FINAL EIR NO. 153;
(b) Reintroduce Ordinance No. 95 -27, approving
Reintroduce
Development Agreement No. 8 as amended,
Ord 95 -27
and pass to 2nd reading on July 24, 1995.
(c) Adopt Resolution No. 95 -88 approving
Res 95 -88
General Plan Amendment No. 93.2(A);
(d) Adopt Resolution No. 95 -89 approving
Res 95 -89
Planning Commission Amendment No. 800; and
(e) Uphold the action of the Planning
TMapTr 14925
Commission and approve Tentative Map of Tract
No. 14925.
•
PUBLIC COMMENTS
None.
Volume 49 - Page 309
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
v,
��¢U
3
A3
i-
m
;=OU
m
x
WW
o
do
z
July 10, 1995
INDEX
ORDINANCE(S) FOR ADOPTION
•
29. Proposed ORDINANCE NO. 95. 26,
Ord 95 -26
Pacific View
ADOPTING A DEVELOPMENT AGREEMENT BETWEEN
Memorial Pk
THE CITY OF NEWPORT BEACH AND THE PIERCE
(45)
BROTHERS CORPORATION DOING BUSINESS AS
PACIFIC VIEW MEMORIAL PARK WITH RESPECT TO
THE PACIFIC VIEW MEMORIAL PARK MASTER PLAN
(DEVELOPMENT AGREEMENT NO. 7)
DevAgm No. 7
C -3058 (38)
Report from City Attorney.
The City Attorney stated that two minor changes
have been made in the Development Agreement
and represent modifications suggested by Mr. Wolf
and Mr. Fish:
Page 16, fourth line of paragraph five, delete
the word "proposed."
The technical site plan has been amended to
delete the lawn burial legend because lawn burial
means different things in different areas of the
park. Also, each portion of the park is covered in
the Development Agreement through use
•
restrictions.
The City Attorney stated that as a result of the
above deletion, Item 10(a) on page 19 and 20 has
been amended to delete the last four lines on
page 19 and the word "burial" on page 20, with the
first sentence to now read:
"Except for the community mausoleum and the
crypt, Pacific View is permitted only below
ground interment and the installation of
plaques or memorials at or below grade in
Building Site E."
Karl Wolf, properly owner of 17 Carmel Bay Drive,
addressed the Council and objected to various
provisions of the Development Agreement as
enumerated in his detailed letter of July 10, 1995. In
closing, he stated that if the Agreement is
approved as proposed, the cemetery owners are
getting far more than they deserve, including a
700% increase in mausoleum square footage and
the right to deviate from the memorial park setting
by building gigantic tombstones. He also
complimented the City Attorney for his diligence in
this matter and for his efforts in attempting to
resolve the many issues.
Volume 419 - Page 310
CITY OF NEWPORT BEACH
A8ii1121111L5
ROLL
CALL
cl:
3
Q
A
�¢�
HFpC]XOZ
¢
3
w
0720
w
o
>W
-'
C70
'
�UIr 10, 1995 INDEX
The City Attorney stated that the language
Pacific View
•
referenced by Mr. Wolf was the language he cited
Memorial Pk
at the last City Council meeting, but which had not
been reviewed by Pacific View, and the wording in
the draft before the Council in Site A and the
language which allows Pacific View to develop
Area 11, was pail of the overall compromise
whereby Pacific View committed to maintain the
lawn cemetery and park -like environment for all of
the undeveloped sites. He also believes the
Development Agreement in terms of land uses is
fair. He further feels that the concerns expressed
by Mr. Wolf relative to what would happen if there
was a third -party lawsuit, are adequately
addressed in the Restrictive Covenant and
protects the City as well as the residents.
Jeanette Miller, President, Seaview Homeowners
Association, addressed the Council and stated she
was alarmed and surprised to see the change in
the Development Agreement relative to Area 11
from what was presented on June 26, 1995. She
stated that Area 11 is the area Seaview
homeowners are most concerned with because it
is adjacent to their property. She noted that Area
•
11 is much larger than Area 1, and they should not
be compared with one another. She urged that
the paragraph on Page 21 of the Development
Agreement referencing Area 11 be replaced with
the "original" language.
The City Attorney pointed out that the language
referenced by Mr. Wolf in his letter was never part
of the Agreement, and was only a staff proposal
that was submitted to the City Council for
consideration prior to the last meeting. There was
never a definition of ground burial other than in
Areas E and G. Area 11 does have some relatively
vague language; however, 8 foot memorials are
not permitted in that area. The Council, at their
last meeting, tentatively adopted a compromise
that preserves the park -like environment for the
current developed areas. Area 11 would be
developed in a manner complimentary to Area 1.
Patricia Lee, 1901 Yacht Enchantress, addressed the
Council and stated their home is located in
Seaview adjacent to the northwest comer of the
•
Pacific View property. She stated it is her
understanding that the most recent Development
Agreement revision allows above ground
monuments adjacent to their home in Area 11 to
which they strongly object. She stated that at all
Volume 49 - Page 311
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
Q'
A¢
w3Mmc»o
¢
w
N
0
q
XO
IZ
'
O
H
W
Z
July lo, 1995
INDEX
the meetings she attended on this matter, there
Pacific View
was never any discussion, proposal or site plan
Memorial Pk
•
presented, to indicate that Area 11 would be
treated differently than the other lawn cemetery
areas. She urged that the Agreement be changed
to prohibit above ground improvements in Area
it.
Leonard Fish, 2 Twin Lakes Circle, addressed the
Council and stated the proposed development is
a 30 -year project in which he does not feel Pacific
View has shown good faith. He stated he hopes
the Council will be "very sensitive" to the
performance of Pacific View in the future to live up
to the spirit and intent of allowing them a 700%
increase. He referenced two letters he had written
dated July 9 and 10, 1995 expressing his concerns
which he submitted for the record.
Bill Buchan, 29 Carmel Bay Drive, addressed the
Council and concurred in the remarks made by
speakers Miller and Lee, and stated he was very
disappointed in the change in Area 11. He stated
it was his understanding that Areas 2 through 11
would remain as lawn burials (below grade).
•
Anita Taub, 1901 Yacht Colinia, addressed the
Council and stated Pacific View is moving dirt
seven days a week and that her home backs up to
the cemetery. She also concurred with the above
remarks regarding no above ground burials in Area
11.
Mr. David Neish, representing Pacific View,
addressed the Council in response to question of
Mayor Hedges, and stated that Area 11 is basically
equated with what presently exists in Area 1, and in
that area they would be allowed to have the 3-
foot walls, pillow blocks, etc., as specified in the
Development Agreement.
The City Attorney noted that the 8 -foot memorials
would be of statuary-type and lend ambience to
the park, and would not be "Texas- type"
tombstones. Also, on the north side of Site A, there
is a series of trees and vegetation proposed that
would screen that area from view from residences
to the north. He indicated he did not know
•
whether Pacific View could effectively screen that
area from the east; however, there will be a buffer
zone and landscaping immediately adjacent to
the residents.
Volume 49 - Page 312
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
cri
M
0_'
3
Ld
�-
M
W
'n
;
x'o
U
W
L9
N
z
0
July lo, 1995
INDEX
Mr. Neish stated that one of the backbones of this
Pacific View
entire project is the buffer area which is now 80
Memorial Pk
•
feet and more in certain areas. He noted that
Pacific View has agreed to irrigate and landscape
that buffer area which will effectively screen
everything from the park which is approximately
650 feet away. Along Area 11, there is a steep
slope that is landscaped at the present time and
which will not be impacted by Pacific View.
In response to question raised by Council Member
Watt, the City Attorney stated that at the last
Council meeting, he did read into the record that
Area 11, as shown on the Technical Site Plan, may
be developed in a manner complementary to the
existing improvements in that portion of Area 1
between San Joaquin Hills Road and Vista Del Mar
Drive and between Building Sites C & D.
In response to question raised by Council Member
Edwards, the City Attorney stated that Area 1
differs from Areas 2 through 10 in that there are low
walls that retain earth so that there is a series of flat
pads, and those walls do not exist elsewhere in the
lawn burial section of the park. It is his intention to
•
do a photo study of Area 1 as it currently exists so
that the City will know how Area 11 should look 20
years from now if Pacific View gets to that point.
Motion
x
Hearing no further comments, motion was made by
Council Member Cox to adopt Ordinance No. 95-
26 with the clarifying changes referenced by the
City Attorney in the foregoing.
With regard to the word "complementary," the
City Attorney stated that in his opinion he takes this
to mean the same as "consistent with" in Area 11,
and he does not think the Development
Agreement needs to be changed. With regard to
amending (b)(4) on page 20, regarding screening
homes to the north in Site A, he stated these
changes would be accomplished by the Council's
approval of the preliminary landscaped plan.
Motion
x
Substitute motion was made by Council Member
Waft to delete the language at the top of page 21
which currently states: Area 11 as shown on the
Technical Site Plan may be developed in a
•
manner complementary to the existing
improvements in that portion of Area 1 between
San Joaquin Hills Road and Vista Del Mar Drive and
between Building Sites C and D, and replace that
to read: Area 11 shall be improved in a manner
consistent with the lawn burial areas 2 through 10,
and to reintroduce Ordinance No. 95-26 as
amended.
Volume 49 - Page 313
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
1171
a
M
n
wan=U'50
F-
CCWWXOz
¢wwo0
cU
iQ n
>w
July 10, 1995
INDEX
Council Member Cox expressed his opposition to
•
the substitute motion, indicating he felt it would
only open negotiations again which have been
going on for over one year there has been a clear
understanding of the variety of viewpoints that
have taken place as well as a lot of compromising;
and he finds it hard to understand why 3 -foot walls
are so different at Pacific View when they exist on
private property all over the City.
Ayes
x
The substitute motion made by Council Member
Noes
x
x
x
x
x
Watt was voted on and FAILED.
Ayes
x
x
x
x
x
x
The motion made by Council Member Cox was
voted on and carried.
CURRENT BUSINESS
30. Report from City Manager regarding TRAVEL AND
Budget /Travel
MEETINGS EXPENSES; and BA -001 to approve
& Meetings
requests for two employees to attend a GIS Users
BA -001
Conference in Fort Collins, Colorado.
(4 0 )
The City Manager also referenced a Supplemental
report noting that the original proposal was to
•
allocate $73,380 for travel and meetings for 1995 -96;
however, he has now reduced that amount to
$60,050 as enumerated in his report.
Dolores Otting, 17 Hillsborough Drive, addressed the
Council and indicated she was not in favor of the
request for two City employees to attend a users
meeting in Colorado, and asked how much the
City spends with the subject vendor and if the City
has a software maintenance agreement with the
subject vendor. She felt the City should start
putting "its fiscal house in order" and that if the
vendor wants to sell the City new software, then
the vendor can come to Newport Beach. She also
indicated that in the private sector, many people
who travel on business do it at their own expense
and therefore can take it off their taxes. She also
felt that the City should not be spending
taxpayers' money on travel and meetings in view
of its elimination of the two Vantage Foundation
disabled employees.
With respect to the dollar cost referred to by Mrs.
•
Otting in the above:, the City Manager stated he
will obtain the information and pass it on to her.
Volume 49 - Page 314
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
v,
¢
Q¢wwo
w
3
¢
M
0
x
0
w
°Z
0
w
0
July 10, 1995
_ INDEX
Council Member Cox stated "I find this personally
Budget /Travel
•
embarrassing that we are discussing this issue even
& Meetings
though everyone is entitled to their own view. This
subject is the height of micro - managing and the
height of treating our staff like children. Travel and
meeting budgets are a common cost of doing
business in every entity that exists and if the
Council feels it is spending too much in this area,
then cut the budget rather than sit here and waste
taxpayers' time. We owe our staff more respect
than this dialogue represents, and we ought to
give them a budget to work with and let them use
their own good judgment on how to best use it."
Motion
x
In view of the foregoing comments, Council
Member Cox moved to approve the modified
travel and meetings expense budget for 1995.96 in
the amount of $60,050.
Motion
x
Substitute motion was made by Council Member
Glover to change the Council's allocation from
$7,500 to $2,000 and to eliminate the $1,500
allocated for the Planning Commission. She
indicated she wanted to "set a tone" for the
employees, and felt that if the City Council or
•
Planning Commission attends any conferences,
meetings, etc., they should pay for those expenses.
Council Member Cox spoke against the substitute
motion indicating he felt it was "putting handcuffs
around the Council's ability to function in an
effective way."
Council Member Watt stated she agreed with
Council Member Glover in that the City is in a
particular period of "budget crunching" and that
a certain set of criteria is needed to be put to the
test for the kinds of things that would be useful.
She also concurred in reducing the Council's
budget in this area, and will support the substitute
motion.
Motion
x
A substitute, substitute motion was made by Mayor
Ayes
x
x
Hedges to revise the City Council travel and
Noes
x
x
x
x
meetings amount to $2,000 for short -term
emergency travel, to delete the $1,500 for Planning
Commission travel, and to change the total
budget amount for travel and meetings to $35,000,
with the City Manager to determine what travel is
•
critical and necessary to the City's operation,
which motion FAILED.
Volume 49 - Page 315
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
U,
C�¢U
X
W
¢
M
w
M
W
M
o
U
Ww
of
?
0
July 10, 1995
INDEX
X
x
x
x
x
Council Member Edwards moved to amend
X
Council Member Glover's motion to change the
total budgeted amount to $50,000 with the City
Manager to determine how and where the money
is spent. The motion also includes $2,000 for
emergency travel by City Council, and the
elimination of $1,500 for Planning Commission
travel.
31. Appointments to the ECONOMIC DEVELOPMENT
Economic
COMMITTEE.
Dev Cmte
Motion
x
Motion was made by Mayor Hedges to defer
appointments to August 14, 1995.
Council Member Edwards suggested for future
consideration, "why not make the Chairman of the
Planning Commission the Commission's
representative on the Economic Development
Committee."
All Ayes
The motion to defer this Item was voted on and
carried.
32. Report from Public Works/Traffic Engineering
Balboa /Pkg
is
regarding Parking Meter Fees in Balboa.
Meter Fees
(85)
Motion
x
Motion was made to direct staff to delay
All Ayes
consideration of changes to meter rates until
August 14,1995.
26. At this time, the Council continued their
U/P 1956(A)
deliberation of Use Permit No. 1956 (Amended) for
Thunderbird
the THUNDERBIRD CLUB and the Toukan Restaurant
Club
at 3505 Via Oporto in Lido Marina Village. This
matter was briefly discussed earlier in the meeting
and is reflected on Minute Pages 299 -301.
Council Member O'Neil vacated his seat for the
reasons stated earlier in the meeting.
It was noted that a court reporter was in
attendance to transcribe this hearing verbatim,
and therefore, the Council minutes will only be a
summary of the proceedings.
Council Member Edwards swore in all witnesses
expected to testify in this hearing.
•
Volume 49 - Page 316
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
U,
Cr
3H0.1GXOZ
Q
3
g
U
i
U
W
U
w
o
July 10, 1995 INDEX
It was noted that the City Council "stayed"
Thunderbird
•
revocation of the subject Use Permit, in part,
Club
because there was a change in ownership
contemplated and the Council wanted to see
how that new ownership operated in the facility.
As far as the City is concerned, the individuals who
operated Bacchus are out of the picture and there
is no affiliation between the current permittee and
Bacchus.
Jerry Freeman, owner of the subject property,
indicated that inasmuch as Bacchus did not
comply with their conditions of approval imposed
by the City pursuant to the Use Permit, he did not
renew their lease and entered into a new lease
with the Thunderbird Club who assumed those
some conditions of approval.
At this time, Police Officers John Joyce, Mike
McDermott, and David Szkarodek gave the
following testimonies:
John Joyce: I have been a police officer with the
City of Newport Beach for six years. I've submitted
two declarations describing my observations of the
•
Thunderbird Nightclub. I would like to personally
relate some of my observations that may be
helpful to the Council's decision on the
Thunderbird Use Permit.
The Thunderbird Club opened last November,
and since that time, I have conducted walk -
through checks approximately 40 times;
probably 70% of the time I have conducted
walk- throughs, the Manager, Greg Mulholland,
has been with me. Based upon my
observations, the Thunderbird Club is clearly a
nightclub which emphasizes the sale of
alcoholic beverages. I frequently see 250 to
300 people or more in the Thunderbird Club
area and rarely see anyone in the Toukan
dining area. Occasionally I have seen 20 to 30
people eating in the banquet area. I was told
by a Thunderbird dining room employee that
patrons are not allowed in the dining area
when the bar is closed and the bar is typically
closed until 8:30 or 9:00 p.m. I was also told by
Greg Mulholland that the club generates
between $15,000 and $20.000 in bar revenues
•
on a typical Friday or Saturday night which far
exceeds any revenue generated by food
service.
Volume 4.9 - Page 317
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
���W
Ma:WW0oZ
Q
3
M
=
c°»
>W
o
— - --
loly lo, 1995 INDEX
Most of the alcohol consumption I have
Thunderbird
observed is in and around the dance floor
Club
area. Consumption of alcohol is not limited to
the bar areas or areas designated by the
Alcoholic Beverage Control. The Thunderbird
attracts patrons by offering extremely loud
music and dancing, either by live
entertainment or pre- recorded music. On
many occasions I have heard loud music from
the Thunderbird on Clubhouse Drive, west of
Newport Boulevard. I have responded based
on noise from residents in the Finley tract and
on those occasions, I responded back to the
Thunderbird and asked them to turn the music
down. The Thunderbird management complies
each time, but generally the volume is fumed
back up at a later time.
Normally I contact people either in or around
the area of the Thunderbird and have given
citations for urinating in public, arrested people
for being drunk in public, as well as handling
numerous fights. The security inside the
Thunderbird is almost always inadequate to
keep stairways and aisle ways clear generally
•
on Friday and Saturday nights. I have also
responded to dozens of complaints of
Thunderbird patrons fighting inside and outside
the club. I have frequently discussed my
observations with Greg Mulholland, the
Manager. Mr. Mulholland has been
cooperative at the time and corrects the
problems for a short period of time, but this
does not seem to change the basic business
practices that lead to fights, drunkenness,
excessive noise, disorderly conduct and
disturbances.
I also conduct walk- through checks at the
Warehouse Restaurant as often as the
Thunderbird and generally do one after the
other. The Warehouse Restaurant generates far
fewer problems than the Thunderbird and
when problems develop they generally
contact the Police Department and work
cooperatively to implement long -term
solutions. I believe there would be far fewer
violations of State and local law by
Thunderbird patrons if the Thunderbird was
•
operated in the same manner as the
Warehouse Restaurant.
Mike McDermott: I have been with the Newport
Beach Police Department for fifteen years, and
during the last eight months I have been assigned
as a field sergeant, primarily responsible for patrol
officers working in the Lid Village area. I typically
work Thursday, Friday and Saturday nights during
Volume 49 - Page 318
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
W
���0
3
W
XP=0000
pa
WW
g
X
�
July 10, 1995
INDEX
the time the Thunderbird is open for business. I also
Thunderbird
•
drive by the Thunderbird and other businesses in
Club
Lido Village four or five times a night, and try and
walk around the area at least once a night. As a
field supervisor, it is my responsibility to discuss
police problems with patrol officers under my
command.
The primary problem with the Thunderbird is
that it is a nightclub and not a restaurant. The
Thunderbird emphasizes the sale of alcoholic
beverages and attracts customers with loud
music and dancing. I've observed very little
food service in the Thunderbird. The
Thunderbird generates more police problems
than any other business in the City.
The majority of criminal violations committed
by Thunderbird patrons are the result of alcohol
intoxication. According to my patrol officers,
Thunderbird patrons constitute a majority of the
public urination and public intoxication
citations or arrests in the Lido Village area. The
sale of alcohol, inadequate security and large
crowds also result in numerous fights, some of
which involve beer bottles and result in serious
injuries. In the past 7-8 months, we have
frequently responded to Hoag Hospital and
interviewed victims of violent crimes for which
no notice was received by the Thunderbird or
its security officers.
On many occasions, the music from the
Thunderbird can be heard considerable
distance outside of the nightclub. I used to ask
the management to turn down the volume,
and while they would do so for a short time, the
noise would return to previous levels in a matter
of minutes. I now advise Thunderbird
management of excessive noise only when I
receive citizen complaints. It has become
routine to hear the music outside the doors or
on Newport Boulevard. I have personally
observed numerous Thunderbird patrons
consuming alcohol other than in areas
designated for drinking on the approved plans.
I have personally observed the Thunderbird
violate other conditions of the Use Permit, such
•
as the consumption of alcohol after 2:00 a.m.
and the Thunderbird's failure to close its
operation at 1:30 p.m.
Volume 49 - Page 319
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
v,
�
3~
"Xwwo00
w
3
¢
m
g
'
g
S
x
V
'
o
C7
w
z
O
July 10, 1995
INDEX
The Warehouse Restaurant, by comparison,
Thunderbird
does not generate the same level of criminal
Club
activity as the Thunderbird. In my opinion, this
is the result of Thunderbird business practices —
their emphasis on the sale of alcohol and the
failure of security to control the conduct of
patrons inside and outside of the club.
David Szkaradek: I am a detective with the
Newport Beach Police Department assigned to
Vice, Narcotics and Intelligence. I am one of two
police department employees primarily
responsible for monitoring the activities of the
Alcoholic Beverage Control Board licensed
establishments in the City. In that capacity, I have
conducted on -site inspections of the Thunderbird
and other ABC licensed businesses in the area,
such as the Warehouse, and reviewed all police
department reports regarding activities of the
Thunderbird, Warehouse, and Atlantis, as well as
their patrons.
Based upon my inspections and my review of all
reports prepared by the Police Department
relevant to ABC establishments in the Lido Marina
•
area, I have formed the following opinions:
I. The Thunderbird and Thunderbird patrons
generate more criminal activity than the
Warehouse or other ABC businesses in the area.
These criminal violations range from public
intoxication and public urination to assault with
a deadly weapon. In most cases, these
criminal violations are the result of excessive
consumption of alcohol, overcrowded
conditions, and in the case of violent crime,
inadequate security.
2. The Thunderbird routinely generates loud
music which can be heard across Newport
Boulevard, and residential areas of the Finley
tract. During my most recent visit to the area, I
was able to hear music from the Thunderbird
while traveling on Via Aporto, approximately
200 ft. east of the Thunderbird. The Police
Department has received numerous calls from
residents in the Finley tract complaining of
•
excessive noise.
Volume 49 - Page 320
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
v
¢
3¢
wag2:000
-
¢U
W
w
o
'W
J?
July 10, 1995
INDEX
•
3. Many of the violent crimes that occur inside
Thunderbird
the Thunderbird or immediately adjacent to
Club
the Thunderbird are not reported to the
Newport Beach police. In many cases, officers
are called to Hoag Hospital to interview
victims. When police officers return to the
scene they find security has not taken the
names of responsible parties and failed to call
the Police Department at a time when an
investigation could be conducted.
4. The Thunderbird operates exclusively as a
nightclub rather than a restaurant. Thunderbird
business records show that 83% of their gross
revenue is attributable to the sale of alcoholic
beverages, while only 17% is attributable to
food and non - alcoholic beverages. By
comparison, in the case of the Warehouse,
food and non - alcoholic beverages account
for approximately 65% of their gross receipts.
Based upon my observations and review of
reports, there is very little, if any, food service
conducted in the Thunderbird. The
®
Thunderbird attracts patrons by offering
dancing and loud music. Thunderbird patrons
routinely consume alcoholic beverages
throughout the establishment.
Officers Joyce, McDermott, and Szkaradek
responded to questions posed by Mr. Montgomery,
the City Attorney and Council Members, which are
reflected in full in the verbatim transcript which will
become part of the City Clerk's records when this
hearing is completed.
Mr. Montgomery stated that when his client
(Thunderbird) first showed him the case and the
complaint that had been filed, he noticed there
were 19 declarations that had been filed, and of
that amount, 16 were from Newport Beach police
officers, the City's fire Marshal, and two residents in
the neighborhood. He stated this gave him the
idea that there may have been a pre-
determination by the Police Department that the
"Thunderbird was riot a good place" and that
there may have been a hang -over from the
previous Bacchus situation.
Mr. Montgomery summarized the declarations of
Greg Mulholland and David Ariss, partners in the
Thunderbird Club and Toukan Restaurant, which
he stated he had filed with the City this date. He
also presented personal background information
relative to David Ariss.
Volume 49 - Page 321
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
rfi
¢�¢'
a
W
X
M
P=
U)
M
x
U
z
'W
0
09
-i
z
0
July, 10, 1995
INDEX
Mr. Montgomery also summarized declarations
Thunderbird
•
from the following:
Club
Ed Eaton, resident at 626 Clubhouse Drive;
Steve Kent, 610 Clubhouse Drive;
Dennis Lockard, City's Fire Marshal;
Police Cadet Garrick Twedt;
Police Officers Tom Voth, Dale Johnson, Will
Telish, Ron Vallercamp, William Hartford,
Gerald Lowe, Todd Hughes, and John
Joyce.
Due to the lateness of the hour, the City Council
agreed to begin the August 14, 1995 meeting at 6
p.m., with the Thunderbird hearing being the last
order of business.
Meeting adjourned at 11:30 p.m., to 1:00 p.m., July 24,
1995 at the Central Library Community Room for Study
Session regarding update on Goals, Objectives, etc., for
1995 -96.
THE NEXT REGULAR CITY COUNCIL MEETING ON AUGUST 14,
1995 WILL COMMENCE AT 6:00 P.M.
iUrri FrF ••M�iiii��i�•
The agenda for this meeting was posted on July 5, 1995 at
4:00 p.m., on the City Hall Bulletin Board located outside of
the City of Newport Beach Administration Building.
—�!L �,,)
Mayor
ATTEST:
e Pte)
IR
O r
City Clerk
•
P
�LIFQR�` .
Volume 49 - Page 322