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HomeMy WebLinkAbout09/25/1995 - Regular MeetingROLL CALL • Present Excused Motion All Ayes Motion All Ayes Motion AiVes CITY OF NEWPORT REGULAR COUNCIL MEETING PLACE: Council Chambers BEACH MINUTES ur N W J TIME: 7:00 P.M. } w w > H W DATE: September 25, 1995 � 3 ,-� H- ¢ MM 0Z W 3 ;=°0o INL CLOSED SESSION - 6:30 p.m. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED: None RECESSED AT 6:55 P.M. RECONVENED AT 7:00 P.M. for reaular meetina Pledge of Allegiance. X x x x x x ROLL CALL x X Reading of Minutes of September 11, 1995 (3:00 p.m. Special Meeting and 7:00 p.m. Regular Meeting) was waived, approved as written and ordered filed. x Reading in full of all of ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. Assemblywoman Marilyn Brewer, 70th District, updated the City Council on the recently adopted State budget noting it provides for 1) 1.1 billion dollars more for schools throughout California whL;h equates to an additional $200 per student and an additional $3,000 per classroom; 2) 9.87a reduction in welfare benefits; 3) Orange County Bankruptcy Recovery Plan; and 4) abolishment of the Ride Share Program. She stated she is very concerned over the Irvine Ranch Water District's proposed Wetlands Project, and urged the Council to not act too hastily as she would like to offer input and be a part of the process. She stated that if the project is good, it will stand on its own merit. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: None MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: None CONSENT CALENDAR X The following items were approved, except for those Items removed: Volume 49 - Page 42S EX CITY OF NEWPORT BEACH lu l izleffe -O 1 ROLL CALL Q A W (r 3QS000 Q Wwo U > °Z W Septernber 25, 1995 INDEX • ORDINANCES FOR INTRODUCTION Schedule for public hearing on October 9,1995: 1. Proposed ORDINANCE NO. 95 -47, Ord 95 -47 Zoning AMENDING TITLIE 20 OF THE MUNICIPAL CODE (94) PERTAINING TO DEFINITIONS OF BARS AND THEATRE /NIGHTCLUBS (PLANNING COMMISSION AMENDMENT NO. 825) . [Report from Planning PCA 825 Department] 2. Removed from the Consent Calendar. Schedule for public hearing on October 23,1995: 3. Removed from the Consent Calendar. 4. Removed from the Consent Calendar. RESOLUTION(S) FOR ADOPTION 5. Resolution No. 95 -106, authorizing the submittal of GS an application of the California Integrated Waste Res 95 -106 • Management Board for a HOUSEHOLD HAZARDOUS (4 4 ) WASTE DISCRETIONARY GRANT. [Report from General Services Department] 6. Resolution No. 95 -107, requiring all traffic on Trfc GALAXY DRIVE to stop at HOLIDAY ROAD. [Report Res 95 -107 from Public Works Department] (85) . CONTRACT(Sl AND AGREEMENT (S) 7. Authorize staff to negotiate a consultant contract Seism Retro- to prepare final plans and specifications for fit /Bal Is/ SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE, LIDO Lido Is /Npt I ISLE BRIDGE, AND NEWPORT ISLAND BRIDGE Bridges (CONTRACT NO. 2804), and endorse staff's findings C -2804 that Caltrans' criteria for seismic retrofit is (3 8 ) appropriate for City -owned bridges. [Report from Public Works Department] 8. Award CONTRACT NO. 2930 to ACE FENCE Strm Drn Imps COMPANY for the total bid price of $179,000 for Bayside /Santi Alternative A, and establish a ten (10%) ago /Ocean Bl/ construction contingency account for STORM Kings P1 DRAIN IMPROVEMENTS ALONG BAYSIDE DRIVE, C -2930 • SANTIAGO DRIVE, OCEAN BOULEVARD AND KINGS (38) PLACE; and consent to relieve Ace Fence Company of their apparent low total bid price for Alternative B because of a significant clerical error in their bid tabulation. [Report from Public Works Department) Volume 49 - Page 426 CITY OF NEWPORT BEACH MINUTES ROLL CALL v, Q�WW0 W 3 M m 0 2 U > °Z LD w O September 25, 1995 INDEX • 9. Award CONTRACT NO. 3050 to HIGHLAND River Av Wtr/ ENGINEERING in the amount of $507,000 for RIVER Swr Yin Rplcm AVENUE WATER AND SEWER MAIN REPLACEMENT C -3050 PROJECT; approve appropriation of $335,000 from (38 ) the Sewer Enterprise Fund Reserves. [Report from Public Works Department] 10. Approve amendment to Professional Services Little Bal Is, Agreement with BARRETT CONSULTING GROUP, Final Wst Wtr Lift Design of Section 5 (LITTLE BALBOA ISLAND) Sta C -2935 WASTEWATER LIFT .STATION (CONTRACT NO. 2935) (38) for a fee not to exceed $25,000. [Report from Public Works Department] 11. Approve Professional Services Agreement for 16th St Pump modification to the 16TH STREET PUMP STATION Sta /Grndwtr DISINFECTION FACILITY AS A PART OF THE Dev Prg GROUNDWATER DEVELOPMENT PROGRAM C- 3004 -P (CONTRACT NO. 3004 -P) with JOHN CAROLLO (38) ENGINEERS for a fee not to exceed $113,531. [Report from Public Works Department] 12. Approve Professional Services Agreement for Grndwtr Dev Project Management, Planning, Engineering, Prj /PS /Agm . Mapping, Surveying and Construction staking C- 3004 -0 Services as part of the GROUNDWATER (38 ) DEVELOPMENT PROJECT (CONTRACT NO. 3004 -0) with DMc ENGINEERING for a fee not to exceed $99,670. [Report from Public Works Department] 13. LC AIMS - For Denial by the City Manager. (3 6 ) Carlos and Mary Caicedo alleging wrongful death of their son as a result of being shot and killed on March 12, 1995 at 798 Dover Drive. Suzette Kirby alleging new water faucet blew seal as a result of water being shut off by Utilities Department; seeking reimbursement of $63.03. Karl Kosmos alleging personal injuries as a result of hitting trash dumpster on Bayside Drive on March 30, 1995. Kelleen Fffzgeorge seeking reimbursement of plumbing expenses in connection with blockage to City side of sewer system at 112 W. Bay Avenue. • 14. PLANNING COMMISSION AGENDA FOR SEPTEMBER (6 8 ) 21,1995. 15. Acceptance of 94/95 SIDEWALK, CURB & GUTTER 94/95 Sdwlk REPLACEMENT PROGRAM, BALBOA ISLAND, Crb & Gtr Rpl CORONA DEL MAR AND LIDO ISLE SIDEWALK Bal Is /CdM & REPLACEMENT PROGRAM (CONTRACT NO. 3021). Lido Is [Report from Public Works] C -3021 (38) Volume 419 - Page 427 ROLL CALL • CITY OF NEWPORT BEACH MINUTES L0 O cl: X g3Q2°0o i- F--MmXOZ r ¢0 w w >w September 25, 1995 IND 16. Approve reappropriation of $3,342,000 from Water Budget /5 Enterprise Fund Reserves for proposed 1994 -95 Wtr Entx WATER ENTERPRISE FUND CAPITAL PROJECT & Capital REAPPROPRIATIONS INTO 1995 -96 CAPITAL PROJECT (40 ) BUDGET. [Report from Public Works Department] 17. Removed from the Consent Calendar. 18. SPECIAL EVENTS APPLICATIONS - Approve the Special following applications, subject to conditions in the Events staff report from the Recreation Manager, (2 7 ) Community Services Department: Application No. 95 -189 - Spirit Run 1996 Apl 95 -. Race Committee for 13th Annual Spirit Run on Sunday, February 25, 1996 from 6:00 a.m. to 12:00 p.m. at Fashion Island with amplified sound requested from 7:00 a.m. to 12:00 p.m. Application No. 95 -195 - Home Aid of Apl 95- Orange County for 1995 Run for Cover on Sunday, November 5, 1995 from 6:00 a.m. to 11:00 a.m. at Fashion Island, with amplified sound requested from 7:00 a.m. to 11:00 a.m. 19. BUDGETAMENDMENT(S) (40) BA -008 - $6,760 - For the planting of trees to obstruct the glaring light from the Buffalo and Ford Road intersection. This is in response to complaints from residents. The trees are to be funded through reimbursement by the SJH Transportation Corridor Agency. BA -009 - $46,480 - Removed from the Consent Calendar. BA -010 - $25,000 - To transfer from Reserves for Tennis to Professional and Technical Services to permit contracting for professional services in conjunction with the update to the Recreation and Open Space Element of the General Plan. BA -011 - $1,450 - To replace 200 traffic cones, Parks Division, General Services. Suoolemental Agenda Items 19 a -e Removed from the Consent Calendar. Volume 49 - Page 428 IEX 14 -95 -pr Fd Prj Im 195 CITY OF NEWPORT BEACH MINUTES ROLL CALL A Q Q�WW0 W 3g2UC70 Cr u" UJI � -J H w September 25, 1995 INDEX • ITEMS REMOVED FROM THE CONSENT CALENDAR 2. Report from Planning Department regarding Mariners Mile proposed ORDINANCE, Auto Repair Zoning (94) AMENDING TITLE 20 OF THE MUNICIPAL CODE AS TO LIMIT AUTOMOBILE REPAIR USES IN THE MARINER'S MILE SPECIFIC AREA PLAN TO THOSE WHICH ARE ANCILLARY AUTOMOBILE SALES USES (PLANNING COMMISSION AMENDMENT NO. 830). PCA 830 In response to question raised by Council Member Edwards as to the effect on existing operations, Assistant City Manager Ken Delino stated that Mariners Mile Specific Area Plan begins at Rocky Point and goes west and there are no auto repair uses west of Rocky Point. Motion x In view of the foregoing, motion was made by Ord 95 -48 All Ayes Council Member Edwards to introduce Ordinance No. 95 -48 and schedule for public hearing on October 9,1995. • 3. Report from Planning Department regarding proposed ORDINANCE, CdM Imprvm Dist /Ping (27) ESTABLISHING THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT; and S19(a) Proposed RESOLUTION OF INTENTION TO ESTABLISH THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT. It was noted that the Corona del Mar Chamber of Commerce has requested that the City Council establish a Business Improvement District to provide funding for activities and improvements to promote business in this area. This proposal would impose an assessment on businesses within the District equal to each establishment's annual business license tax. The funds collected from this assessment would be allocated by an Advisory Board, which is anticipated to be the Board of Directors of the Corona del Mar Chamber of Commerce. It is estimated that this District would generate approximately $53,000 per year to be used for improvements, advertising and promotion. The key provisions of this district are outlined in the • staff report. Prior to establishing the district, the City Council must hold a protest hearing. If protests are received from business owners which would pay 50 percent or more of the total assessment, no further proceedings to establish the district shall be taken for one year. Volume 49 - Page 429 ROLL CALL • CITY OF NEWPORT BEACH MINUTES ED cl: X W F HrpmXOZ MMM000 ¢ N W j w September 25, 1995 INE James D. Jennett, 2 Jade Cove, addressed the CdM Impr Council in opposition to the proposed BID. He Dist /Plr stated that he has an office in Corona del Mar which will receive no benefit from the increased assessment and felt the proposal is double taxation. Sam Wiggins, owner of beauty salon at 2620 E. Coast Highway, also spoke in opposition to the proposed BID. He felt the proposed assessment would be an additional tax burden to what is already being paid to the City in individual business license fees from the various hairdressers who work in his shop. Tracy Clausen, 2034/2 Coral Avenue, addressed the Council in support of the basic concept of the CDM BID, but submitted a letter signed by businesses owners recommending that the Advisory Board include a broad cross - section of the business owners inasmuch as there are many owners of new, young businesses whose needs differ from those of the older, established ones. She stated they felt a lot of support for this BID may be lost if participation in the process is exclusive from its inception. Dan Dunham, Committee member for the CDM BID, and Board Member of the Corona del Mar Chamber of Commerce, addressed the Council and referenced the letter he had written in response to the concerns expressed in the above communication. He stated he felt the Chamber Board represents a broad cross - section of the interests of the village business district as enumerated in his letter, the Chamber of Commerce Board is the only officially recognized organization representing the business interests of Corona del Mar, the Chamber is a California Corporation and without such documentation, the City Council cannot appoint a body to spend what is essentially City tax money; the opportunity to serve as an Advisory Board member is open to anyone who is duly elected to the Chamber of Commerce Board of Directors; and the BID planning was not done in a vacuum or was it in any way exclusionary as the Coaster Magazine wrote a feature article that included interviews with several members of the Committee and described the BID efforts. Volume 49 - Page 430 ►EX wm rg CITY OF NEWPORT BEACH MINUTES ROLL CALL Q 3 M �,,� F - CC Q 3gSUC7O Q W � a: 002 O w J W 0 Septernber 25, 1995 INDEX • In response to question raised by Council Member Glover, Assistant City Manager Ken Delino stated that the Resolution included with the subject staff report designates that the City Council shall appoint the Board of Directors of the Corona del Mar Chamber of Commerce as the Advisory Board to the BID. If the BID is put into effect, that Advisory Board becomes a quasi - public agency, subject to the Brown Act, and has the authority to recommend the expenditure of funds. He emphasized that the Advisory Board for any BID must meet a series of guidelines, one of which is articles of incorporation. Motion x Following discussion, motion was made by Council Ord 95 -49 All Ayes Member O'Neil to Introduce Ordinance No. 95 -49; to schedule a public hearing on a date to be determined, and to adopt Resolution No. 95 -108. Res 95 -108 4. Report from Planning Department regarding Marine Av/ proposed ORDINANCE, Bal Is Bus Imprvm Dist ESTABLISHING THE MARINE AVENUE (BALBOA (27) • ISLAND) BUSINESS IMPROVEMENT DISTRICT, and S19(b) Resolution of INTENTION TO ESTABLISH THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT. Michael Dunkley, 118-1/2 Marine Avenue, addressed the Council in opposition to the proposed BID for Marine Avenue on Balboa Island. He stated he felt the only business owners who would benefit from this proposal are the retailers, and urged that the? assessments apply to only the 200 and 300 block of Marine Avenue. John Noyes, business owner on Marine Avenue, addressed the Council and pointed out to Mr. Dunkley that the proposed BID does not apply to anyone in the 100 block of Marine Avenue. Motion x There being no further comments, motion was All Ayes made by Mayor Hedges to Introduce Ordinance Ord 95 -50 No. 95 -50; to schedule a public hearing on a date to be determined, and to adopt Resolution No. 95- Res 95 -109 109. 17. Report from General Services Director Finance /GS • recommending approval regarding CHANGE TO Purchasing PURCHASING PROCEDURES that will permit (40 ) equipment purchases costing in excess of $30K from a second Council review after budget approval and compliance with all other purchasing procedures. Volume 419 - Page 431 CITY OF NEWPORT BEACH MINUTES ROLL CALL LO ¢ Q¢WW00 wXMa:000 ¢ LO Ld R � J w ? Septennber 25, 1995 INDEX • Council Member Glover stated that she does not have a problem with the Equipment Maintenance and Replacement Fund list as noted in the staff report, but is concerned that if the procedures are changed the budget should be reviewed quarterly to determine if the projected revenues are on target. If it is found that they are not on target, then she felt the budget should be amended as she is very concerned about deficit budgeting. Therefore, she will not be supporting the request inasmuch as the Council will not have time to go back and review this matter in that context. Motion x Motion was made by Council Member Cox to Ayes x x x x x approve the recommended action. Noes X 19. BA -009 - $46,480 - Recommendation to accept Budget Amend and appropriate funds from two State grants to 009 (40) fund a new InfoPeople Internet Workstation at the Central Library. Council Member Glover stated she was concerned • about accepting the subject grants inasmuch as the City would have to fund the part-time salaries once that particular grant has expired if the program were to continue. La Donna Kienitz, Community Services Director, explained that the budget amendment involves two grants, i.e., one grant for $3,000 which provides for a work station on the Internet, the City has a T -1 line to the Internet in which various City departments participate; this grant essentially provides the City with another terminal; the second grant provides for a part-time person (however, the City will be using two part-time people because of current policy to not hire any part-time help over 19 hours a week) who will provide training in the library to assist the students to use the wide - area network. This will result in meeting the informational needs of approximately 4,500 students in the schools (grades 7 -12). The part- time staff members that would be used are only for this current fiscal year. n Motion was made by Council Member O'Neil to approve Budget Amendment 009 as A yes recommended. Volume 419 - Page 432 CITY OF NEWPORT BEACH hTA Ire ROLL CALL (fi QCrWW0 wxra=U00 J ¢ n w > °Z J w September 25,199S INDEX •S19(cl UTILITIES COMMITTEE MINUTES REGARDING THE Utilities IRVINE RANCH WATER DISTRICT PROJECT. Committee /IRW (24) Council Member Glover stated that pursuant to Council action on September 11, 1995 regarding this item, the Utilities Committee met on September 20 to discuss this issue further. She removed this item from the Consent Calendar so that public input could be given regarding the minutes of that meeting and IRWD'S Wetlands Water Supply proposal. Mayor Hedges pointed out to the persons wishing to give testimony on this item that the City Council has no legislative authority in this matter, and that the Council's legal options are limited to challenging the adequacy of the EIR. He noted that the City Attorney had submitted remarks to IRWD regarding the EIR which will have to be addressed before any further action is taken by the City. The following persons addressed the Council in • oogoosition to the proposed IRWD project: Donald Beatty (no address given) Jack Skinner, 1724 Highland Drive Jackie Heather, 1500 Dorothy Lane Nancy Skinner, 1724 Highland Drive Bob Coustin, 58 Beacon Bay Dolores Otting, 17 Hillsborough Ron Hess, 1501 W. Commonwealth, Fullerton Long Pham, 1529 E. Balboa Boulevard Susan Skinner, 2421 E. 16th Street Jan Vandersloot, 2221 E. 16th Street Roland Hornbey, 324 El Modena Avenue Some of the issues raised by the above speakers were: nutrient loading into the Bay; if this proposal is approved by the Regional Board on December I, it will be a permanent source of discharge into the Bay: the City should retain an independent consultant to review the EIR; the City should be cautious over IRWD's offer to "sweeten" the deal with the so- called low -flow project over the Summer months; the Upper Bay also serves as a • flood control channel and consideration should be given as to how that will be impacted if this proposal is approved; the City Council has to take a stronger "caring" position with regard to this project even though they have no legal jurisdiction; there is no perceivable benefit to the City if this project goes through; the project is actually located on Irvine Company property and Volume 49 - Page 433 CITY OF NEWPORT BEACH MINUTES ROLL CALL q ¢ Q¢wWO W 382000 ¢ N IE > °z J w September 25, 1995 INDEX • they gain no mitigation benefits from it; swimming Utilities in reclaimed water can be hazardous to ones Committee /IRW health; the Council should rescind their previous actions on this project; the State Health Department has declined to comment on the EIR; under what authority does the IRWD have the right to discharge sewage into the Bay; there are alternatives to this project, and the City Council should not compromise and oppose it the Council should adopt a resolution formally opposing the project inasmuch as there is so much strong opposition from the residents. Council Member Edwards indicated that everyone on the Council shares the some concerns of the above speakers; however, it may not look that way from the media's standpoint; the City has taken a strong position in an attempt to protect the Bay by previous Council actions; the City Attorney has also submitted 13 pages of comments to the Environmental Impact Report, and as a result, the EIR has not yet been certified; this is not a permissive project before the City Council as the IRWD can go forward with or without the "blessing" • of the City of Newport Beach; however, the City Council is desirous of protecting its rights by way of responses to the EIR. Council Member Glover stated that at the Utilities Committee meeting on September 20, she made a motion to recommend to the City Council that they oppose IRWD's proposal, but that was voted down by the other two members (Mayor Pro Tern Debay and Council Member Watt). The next motion she made was to direct the City Attorney to make appropriate comments to the IRWD EIR. If the City chooses to vote against this project, this does not preclude the City from continuing to oppose and respond to the EIR. She felt the City Council should go on record as opposing this project, and indicated that in due time, she felt IRWD will back down and stop the project. Motion x In view of the foregoing remarks, motion was made by Council Member Glover that the Newport Beach City Council oppose the IRWD Wetlands Water Supply project, and continue to support the responses to the EIR as submitted by the City • Attorney. Volume 49 - Page 434 CITY OF NEWPORT BEACH MINUTES ROLL CALL U i 3 W H XM=Uf90 } MrO w 0 w H Z September 25, 1995 INDEX M x Council Member Edwards stated he respects Utilities Council Member Glover's position, and felt that Committee /IRW ultimately the Council may adopt a resolution formally supporting her position; however, he disagrees with the manner in which it is being brought forward only from the standpoint that saying "no" is in fact detrimental in terms of the City's position should the City have to challenge the EIR, etc. Therefore, he moved a substitute motion to ratify the Utility Committee Minutes of September 20, 1995, and to refer this matter to the Harbor Quality Committee for additional recommendations, continued analysis, and monitoring of this particular project, including, but not limited to, the retention of an individual or firm to review the adequacy of the EIR for the purpose of preserving the City's position in response to sold document. Council Member Glover spoke against the motion indicating she felt that referring this item to another committee is just another delaying tactic to slow this project down. She reiterated that the Council can vote against the project and still be very • involved in the process. The City Attorney stated he would assume that the individual or firm hired to review the EIR also would be available to provide input to the Regional Water Quality Control Board and to the DFG agencies to which the Council concurred. Mayor Pro Tem Debay indicated she concurred with Council Member Edwards' recommendation to hire outside experts to review the EIR who are not only knowledgeable, but also not involved in anyway with the proposed project. She also felt that as a result of this review, if the City Council does vote to oppose the project, they will have the facts to back up that decision. She asked the concerned residents who spoke to be patient, and trust the Council during this process. Ayes x x x x x The substitute motion was voted on and carried. Noes x • PUBLIC HEARING(S) 20. Mayor Hedges opened the public hearing Phase II /1995 regarding the 1995 WEED ABATEMENT PROGRAM - Weed Abatm Pi PHASE II. (41) Report from Fire and Marine Chief. Volume 919 - Page 435 CITY OF NEWPORT BEACH MINUTES ROLL CALL QQWwo W 3g2UC90 W W °Z W September 25, 1995 INDEX • It was noted that on September 11, 1995, the City Council adopted Resolution 95 -101, declaring that weeds and other public nuisances existing upon streets, alleys, sidewalks, parkways and private property within the City be abated. Fire and Marine Department staff have identified the properties as enumerated in the staff report which are in need of cleaning, and all affected property owners have been notified of this public hearing. It was recommended the City Council hold this hearing to consider objections of any property owners whose property is subject to cleaning by the City appointed contractor, and adopt a resolution ordering the Fire and Marine Chief to abate weeds and other nuisances identified to be existing upon streets, alleys, etc. Motion x Hearing no one wishing to address the Council, the All Ayes public hearing was closed, and motion was made by Mayor Pro Tern Deboy to adopt Resolution No. Res 95 -110 95 -110 ordering fhe Fire and Marine Chief to abate weeds and other nuisances identified to be existing upon streets, alleys, sidewalks, parkways and private property within the City, and schedule • public hearing for November 13, 1995 to confirm assessments. 21. Mayor Hedges opened the continued public U/P 1956 (A) hearing regarding USE PERMIT NO. 1956 (AMENDED) Thunderbird for the THUNDERBIRD CLUB AT 3505 VIA OPORTO. Club (88) Report from City Attorney. The City Attorney referenced his memorandum on this subject which included additional evidence (declarations), and stated that on September 13, a hearing was held before a Hearing Officer as directed by the City Council. Copies of his memorandum have been given to Gregg Mulholland of the Thunderbird Restaurant. He recommended this hearing be continued to October 9 to give the City Council an opportunity to review the additional information presented in his memorandum and the transcript of the hearing on September 13. John Frazier, representing the Fritz Duda Company, owners of Via Lido Plaza, addressed the Council • and showed a video of activities that took place in their parking lot and surrounding areas on September 9, 1995, which included urinating, vomiting, public drinking, etc., by patrons coming from the Thunderbird Club. He stated these public nuisance activities occur every Thursday, Friday, Saturday and Sunday at the late night hour. Volume 49 - Page 436 CITY OF NEWPORT BEACH MINUTES ROLL CALL rr) 3 LUXMM:000 F~ - } �QXOZ m W w H September 25, 1995 INDEX • Dave Ariss, Co -owner of the Thunderbird Club, Thunderbird addressed the Council and stated he wrote a Club letter to Mr. Frazier regarding his complaints on September 19, but never received a response. He noted there are three night clubs in the area, i.e., Thunderbird, Warehouse and Atlantis, plus other restaurants and a movie theatre, and that the public nuisances referenced by Mr. Frazier are not all patrons of the Thunderbird. He stated that the Thunderbird Club was asked by the Police Department to exit their building at 1:30 a.m., and that normally everyone is cleared out within 15 minutes. The other two night clubs are open until 2:00 a.m., so any activity after that time should not be blamed on Thunderbird patrons. He submitted photographs taken September 16 of diners who attended their magic and dinner performances. Their restaurant has been doing very well, and many patrons are happy to see that they have reestablished Magic Island. They will also be offering family magic shows on Sundays. They want to be good neighbors and will continue to try and work with representatives of Fritz Duda in hopes of resolving their concerns. In response to • question raised by Mayor Hedges regarding a flyer advertising drink specials, 4 bars, 3 dance floors, etc., Mr. Ariss stated that the promoter of that advertisement has been fired, and that they cannot offer drink specials pursuant to their liquor license. Steve Stafford, 3250 Broad Avenue, addressed the Council and stated that on the Sunday before labor day, he witnessed a live band outside the Thunderbird Club which is in direct violation of their Use Permit. Also, approximately 200 to 300 people were in attendance in front of the Thunderbird. The noise could be heard from afar, and it appears to him that the Thunderbird Club can do almost anything they want and get away with it. He urged the Council to deal with the problems or they will only get worse. Donna Larson, representing Lido Marina Village Property Management, 3400 Via Oporto, addressed the Council, and read into the record a • statement from the owner, Gerald Freidman, indicating "he was in full support of the Thunderbird Club and that there have been no problems or conflict between the owners of the property and the Club; Thunderbird has made every effort to cooperate with the Lido management at all times and they abide by their various rules and regulations; he believes the Thunderbird has taken corrective steps to improve Volume 49 - Page 437 CITY OF NEWPORT BEACH MINUTES ROLL CALL ¢ ¢ Q¢wwooz waAx000 U � w September 25, 1995 INDEX • the Club in attempts to reduce complaints by the Thunderbird City and Police officials; he also believes the City Club and Police Department need to work closely with property owners and tenants to improve the likelihood of success in new businesses starting up in the area; he has never been contacted by the City or the Police Department concerning any matters about the Thunderbird." Ms. Larson added that they have never been contacted by any representatives from Fritz Duda or other property owners in the area with complaints about the Thunderbird. Kevin Rosamilia, representing Cicso Food Services, addressed the Council and stated he services most of the local restaurants in the area, i.e., Cannery, Warehouse, Newport Landing, etc., as well as the Thunderbird Club; he has been providing food to the Thunderbird for approximately one year, and within that time, their food product volume has steadily increased, particularly the last month or two; he feels the Thunderbird Club is a viable restaurant by the amount of food his company provides to the establishment, and he could • provide invoices to the City with the approval of his employer and ownership of the Thunderbird Club. Nick Davidson, representing the Back Bay Rugby Football Club, addressed the Council and stated that the Thunderbird Club sponsors their team which plays on Saturdays from October through April. After their match functions, they would go to the Thunderbird along with the visiting team for a two -to three -course meal. He stated that leaving the Club (as referenced earlier in the video) is one of the most orderly exits he has ever seen. He was also very impressed with the way the security handled the crowd. He also added that Gregg Mulholland, Co-owner of the Thunderbird is a member of their rugby team. Dominic Menaldi, representing MPS Security who patrols Lido Marina Village, addressed the Council and stated he has been working in the village since May, 1995; the patrons of the Thunderbird dress well, are polite and usually 30 to 45 years of age; there are many other businesses open at night in the area, and he does not think the City should pinpoint one business as causing all the problems; he discussed the exiting of the club to the parking structure and stated that generally Volume 49 - Page 438 CITY OF NEWPORT BEACH MINUTES ROLL CALL ¢ Q�wW W 382000 ¢ 0 °oz > W Sep4ember25, 1995 INDEX there is not a problem and everyone is out of the Thunderbird Thunderbird by 1:45 a.m.; he does not understand Club where the complaints are coming from because many nights it is extremely quiet; he stated that parking is probably the worse problem in the area. Mitch Bailey, Beverage Manager, Thunderbird Club, addressed the Council and stated he oversees approximately 20 employees; however, the Club employs over 50; he feels the Thunderbird Club complies with all City rules and regulations and when a problem occurs, they make every attempt to correct it; he also feels they have a very professional staff who have made every attempt possible to correct any indifference with the Police Department. Theirry Vergnault, Executive Chef for the Thunderbird Club, addressed the Council and stated he has been in the business for about 12 years, and with the Thunderbird Club for approximately nine months, and feels it is a very good restaurant. Abbey Shilleh, California Parking Services, addressed the Council and stated their company operates and leases the parking structure adjacent to Lido Marina Village, and that patrons of the Thunderbird as well as patrons of other businesses in the area, pay their company to park in the garage; he has seen a tremendous change for the better since the Thunderbird took over from Bacchus and feels the parking problem is solved; the parking garage is usually cleared out by 1:45 a.m., and if necessary, he can provide written data to this effect; the clientele of the Thunderbird is 25 years of age or older, and the majority drive exotic automobiles. Gregg Mulholland, Co -owner of the Thunderbird Club, addressed the Council and stated since inception of the Thunderbird in November 1994, their restaurant business has increased 400%; with the addition of the magic and dinner show offering, their business has increased two -to three- fold; they have been diligently working over the last year to perpetuate their restaurant to a level • they can be proud of, but as everyone knows, it takes time to build a restaurant clientele; it is their hope that they will succeed with the resurrection of Magic Island which returned on September 14; the clientele of the Thunderbird is one of the most upscale around, and although the food prices are quite a bit higher than many other restaurants in Volume 49 - Page 439 CITY OF NEWPORT BEACH MINUTES ROLL CALL cl: Q�WW 1JJ i--¢C9 sQ2:UC90 ° WW oz September 25, 1995 INDEX the area, they are still successful in that regard; Thunderbird • they do have a strict dress code and there is no Club problem enforcing that regulation because of the type of people who patronize their establishment; it usually takes no longer than 15 to 20 minutes to clear all patrons out of the restaurant and the exiting procedures to the parking structure seem to work very well; the Thunderbird Club is not a perfect organization, and when they took over the operation left by the previous predecessor, they had a serious job ahead of them, however, they took that establishment and turned it into what is now a quality dinner house; they are still attempting to work, out some of the problems, and any help they can get from the Police Department would be appreciated; the Thunderbird operates as a restaurant with entertainment and they have functioned as such from the time they opened in November of last year with regard to promotional activities, he stated they have a strict set of guidelines for their promotional staff, and when someone differs from those guidelines, there is an immediate termination; if they could get their magic and comedy shows up to a level of • performing every night, then they would only provide live entertainment on Friday and Saturday evenings. Motion x Following discussion, motion was made by Mayor Ayes x x x x x Hedges to continue this public hearing to October Abstained x 9, 1995 and set that date as the final time for arguments and decision. PUBLIC COMMENTS None ORDINANCE(S) FOR ADOPTION 22. Proposed ORDINANCE NO. 95 -44, Ord 95 -44 Park Actvts AMENDING SECTION 11.04.020 OF CHAPTER (62 ) 11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PROHIBITED ACTIVITIES IN PARKS. Recycled report frorn Community Services Director. It was noted that the purpose of the proposed • Ordinance is to prohibit the use of rollerblades, roller - skates or skateboards on any public tennis court in the City. Volume 49 - Page 440 ROLL CALL A M Al yes Motion All Ayes • Motion All Ayes CITY OF NEWPORT BEACH MINUTES Q 3 W F -MMx0z Cr > ; N =°0o > H w $epternber 25, 1995 INE x Motion was made by Council Member O'Neil to adopt Ordinance No. 95 -44. 23. Proposed ORDINANCE NO. 95 -45, Ord 95 — Animal I AMENDING SECTION 7.20.020 OF CHAPTER (27) 7.20 OF THE MUNICIPAL CODE PERTAINING TO ANIMAL NUISANCES. Recycled report from Assistant City Attorney. It was noted that the proposed amendment adds the requirement that any person who is walking an animal on any public property City -wide to carry an implement to remove any deposits made by the animal. x Motion was made by Council Member O'Neil to adopt Ordinance No. 95 -45. 24. Proposed ORDINANCE NO. 95 -46, Ord 95 -+ Public i AMENDING CHAPTER 10.50 OF THE Abatemei MUNICIPAL CODE TO DEFINE WINDOW (26/70) REPLACEMENTS WITH MATERIALS OTHER THAN GLASS AS A NUISANCE. Report from Assistant City Manager, Building and Planning. It was pointed out that the proposed amendment would add the following to the definition of unsafe or unsightly premises maintenance: "The use of materials other than glass as a replacement or covering of window panes." x Motion was made by Council Member O'Neil to adopt Ordinance No. 95 -46. Meeting adjourned at 10 p.m. in recognition of WW 11 armed forces Veterans. The agenda for this meeting and the Supplemental Agenda was posted on September 20, 1995 at 1:35 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration 4Buil�ding. Mayor ATTEST: rW pCp City Clerk (u ' ;� Volume 9 - Fag ' M g .. EX 15 luis !6 ruis it