HomeMy WebLinkAbout05/26/1998 - Regular Meeting0 CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
May 26, 1998 - 7:00 p.m.
CLOSED SESSION - following Public Facilities Corporation meetine
CLOSED SESSION REPORT PRESENTED - None
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards
Absent: Hedges
Pledge of Allegiance - Mayor Pro Tern O'Neil.
Invocation by Reverend Lloyd H. Sellers, Hoag Memorial Hospital
Presbyterian.
MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A
• FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NO
DISCUSSION ITEM):
• Council Member Debay requested that another update on the Bay Dredging
fund be presented to the City Council in the future.
• Mayor Pro Tern O'Neil announced the 17th Annual Corona del Mar Scenic 5K
Run taking place on Saturday, June 6, 1998, benefiting the Corona del Mar
Chamber of Commerce and the City of Newport Beach.
• Council Member Noyes announced the opening of a new Irvine Ranch
Market on Marine Avenue.
CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE SPECIAL AND REGULAR MEETINGS OF
MAY 11, 1998. Waive reading of subject minutes, approve as written and
order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all ordinances and resolutions under consideration, and direct City
Clerk to read by title only.
• RESOLUTIONS FOR ADOPTION
3. LIBRARY CERTIFICATE OF PARTICIPATION AND WATER
Volume 52 - Page 41
INDEX
Res 98-33/Res 98 -34
City of Newport Beach
City Council Minutes
May 26, 1998
INDEX
•
REVENUE BOND REFINANCING. Adopt Resolution No. 98 -33
Library Certificate/
authorizing the preparation, sale and delivery not to exceed $7,500,000
Water Revenue
principal amount of Refunding Certificates of Participation, Series 1998
Bond Refinancing
(Central Library Building Project), and approving certain documents and
(40)
authorizing certain actions in connection therewith; and adopt Resolution
No. 98.34 approving the forms of and authorizing the execution of an
indenture of trust, purchase agreement and official statement relating to the
issuance of the City's Water Revenue Refunding Bonds, Series 1998, and
approving certain actions in connection therewith.
4. ARTERIAL HIGHWAY REHABILITATION PROGRAM. Adopt
Res 98 -35
Resolution No. 98 -35 approving the submittal of funding applications to the
Arterial Hwy
Orange County Transportation Authority for funding under the Arterial
Rehabilitation
Highway Rehabilitation Program.
Program (74)
CONTRACTS AND AGREEMENTS
5. AWARD OF CONTRACT FOR THE MacARTHUR BOULEVARD
C -2825K
WIDENING - WALL AGREEMENT (C- 2825K). Authorize an agreement
MacArthur Blvd
with the Big Canyon Country Club and the Big Canyon Community
Widening/Wall
Association that provides for cost sharing to construct a wall along a portion
Agreement
of the westerly side of MacArthur Boulevard replacing the earth berm which
(38/74)
previously existed.
• Ayes Glover, Debay, O'Neil, Noyes, Mayor Edwards
Noes: None
Abstain: Thomson
Absent: Hedges
6. Item removed from the Consent Calendar by Council Member
Glover.
MISCELLANEOUS ACTIONS
7. PLANNING COMMISSION AGENDA FOR MAY 21, 1998. Receive and
Planning (68)
file.
8. RESUBDIVISION NO. 1022 - 720 MARGUERITE AVENUE, CORONA
Resub 1022
DEL MAR. Approve the improvement plans and specifications and accept
(84)
the public improvements constructed in conjunction with Resubdivision
No. 1022; and authorize the City Clerk to release the faithful performance
bond and labor and material bond (Bond No. 192402S).
9. PAVEMENT MANAGEMENT PROGRAM. Adopt the Pavement
Pavement Mgmnt
Management Program.
Program (44)
10. APPROVE BUDGET AMENDMENT (BA -068) FOR CORONA DEL
BA -068
MAR MEDIAN REHABILITATION. Approve a budget amendment in the
Corona del Mar
amount of $19,000 to fund the design and rehabilitation of the landscaping
Median
and irrigation systems of three medians located on East Coast Highway near
•
Rehabilitation
Marguerite Avenue in Corona del Mar.
(40/44)
Volume 52 - Page 42
City of Newport Beach
City Council Minutes
May 26, 1998
•
11. APPROVE BUDGET AMENDMENT (BA -069) FROM SURPLUS FUND
BALANCE IN THE SUPPLEMENTAL LAW ENFORCEMENT
SERVICE FUND. Approve a budget amendment in the amount of $5,300
from the surplus fund balance of the Supplemental Law Enforcement
Service Fund (SLESF) as follows: $4,400 to account 1280.9010 for the
purchase of crime analysis software, and $900 to account 1280 -8250 for
replacement digital phones for use by the Crime Suppression Unit.
12. BOYS AND GIRLS CLUB EASTBLUFF LEASE AGREEMENT.
Approve the "General Concepts for New Agreement" as basic concepts to
structure an agreement between the City and the Boys and Girls Club of the
Harbor Area for the joint utilization of the facility at 2555 Vista del Oro in
Eastbluff Park, from July 1, 1998, through June 30, 2023; direct the City
Manager and City Attorney to prepare a detailed lease incorporating these
concepts, and return to the City Council for approval on June 8, 1998.
13. COMPLIANCE WITH NATIONAL POLLUTANT DISCHARGE AND
ELIMINATION SYSTEM (NPDES). (Request of Council Member
Thomson). Receive and file.
14. Item removed from the Consent Calendar by Council Member
Debay.
• 15. COUNCIL POLICY MANUAL CHANGES. Approve proposed
amendments to Council Policies A -6, A -9, F -1, F -3, F -4, F -7, F-18,1-18, L -13
and . L -20 resulting from the elimination of City Council Standing
Committees; and adopt proposed new Council Policy I -25.
Motion by Mavor Pro Tern O'Neil to approve the Consent Calendar,
except for the items removed (6 and 14). Without objection, the motion
carried by acclamation (Council Member Thomson abstained on Item No. 5). .
ITEMS REMOVED FROM THE CONSENT CALENDAR
6. AWARD OF CONTRACT FOR THE BACK BAY DRIVE ROADWAY
REPAIR AND BRIDGE APPROACHES REPAIR (C- 3180).
Council Member Glover confirmed with Public Works Director Webb that
three responses were received when the project was put out to bid and that
the low bidder did not attend a mandatory pre- construction conference,
making their bid a non - responsive bid. Public Works Director Webb has
since found out that some modifications to the original plans may be made
that will provide the same amount of protection to the City while decreasing
the cost of the project.
Council Member Glover asked Public Works Director Webb if this project
would allow Back Bay Drive to be open to the public or just to emergency
• vehicles. Public Works Director Webb replied that the repairs being done
with this project need to be done regardless of traffic being open to
emergency vehicles only or to the public, and for pedestrian as well as
Volume 52 - Page 43
INDEX
BA -069
Surplus Fund
Balance
(40/70)
Boys & Girls
Club Lease
(62)
NPDES
(68)
Council Policy
(69)
C -3180
Back Bay Drive
Roadway and
Bridge Approaches
Repairs (38/74)
•
•
C1
City of Newport Beach
City Council Minutes
May 26, 1998
Motion by Council Member Glover to approve the plans and
specifications; declare the low bid received as non - responsive; reject all bids
received; and authorize staff to re- advertise the project for bids. Without
objection, the motion carried by acclamation.
14. SEASHORE- OCEANFRONT COMPREHENSIVE PLAN UPDATE.
(Request of Council Member Debay).
Council Member Debay acknowledged Assistant to the City Manager Kiff for
his compilation of what has been done to date regarding the Seashore -
Oceanfront Comprehensive Plan. Council Member Debay stated that the
plan was originally sought because of problems in the West Newport area
associated with the Fourth of July, the noise in the area due to the density
and multiple rental units, congestion and cleanliness problems, and lack of
community pride.
Council Member Debay said that through the meetings of an executive
committee and input from the residents, many improvements have been
made. Council Member Debay announced that the executive committee will
be called into session on June 9, 1998, and she requested that Assistant to
the City Manager Kiff provide the committee with this most recent plan
update prior to the meeting and that any mailers be increased to include the
numbered streets (not just Seashore and Oceanfront) and the area between
Coast Highway and the ocean.
Council Member Debay said that a periodic update and review of the plan
will be done and more community pride is being brought in. Council
Member Debay further thanked the City Manager and the departments that
have been involved with this plan. Council Member Debay announced that
on June 24, 1998, at 7:00 p.m., a community pride meeting will take place to
discuss the actions being taken for this year's Fourth of July weekend.
Motion by Council Member Debay to receive and file the update.
Without objection, the motion carried by acclamation.
PUBLIC COMMENTS
Ernest Bastien, 1215 Surfline Way, expressed his concern regarding the 12-
acre parcel north of the Central Library, bordered by Avocado, San Miguel
and MacArthur Boulevard. Mr. Bastien was told, when he moved into the
area, that 33% of the parcel would remain open space. He stated that with
the addition of the new shopping center and the library, about 40% has been
developed and that he recently read in the Daily Pilot that the parcel is now
being considered for a 227 -unit senior housing complex. Mr Bastien was of
the understanding that the property was to remain open space due to the
density of Fashion Island, and that any projects would allow for public input.
Mr. Bastien requested that the status of the property be disclosed.
Volume 52 - Page 44
INDEX
Seashore - Oceanfront
Comp Plan (70)
City of Newport Beach
City Council Minutes
May 26, 1998
• PUBLIC HEARINGS
16. PUBLIC HEARING TO ADD CHAPTER 20.89 TO TITLE 20 OF THE
NBMC TO ESTABLISH REGULATIONS FOR THE OPERATION OF
RETAIL ALCOHOLIC BEVERAGE OUTLETS AND TO REVISE
SECTION 20.82.050 TO EXEMPT ACCESSORY OUTDOOR DINING
FROM THESE REGULATIONS (PLANNING COMMISSION
AMENDMENT 869). (Continued from the May 11, 1998, City Council
Meeting).
Council Member Thomson announced that he would be abstaining from
voting on this item due to conflict of interest.
Assistant City Manager Wood stated that the purpose of this ordinance is to
preserve a healthy environment for both City residents and businesses, and
to recognize the importance of hospitality- related businesses to the City's
economy but also the potential for businesses that serve and sell alcoholic
beverages to harm the community, if these businesses are not well operated.
Assistant City Manager Wood further stated that this ordinance regulates
both on -sale and off -sale of alcoholic beverages, with off-sale not being
regulated prior to this ordinance.
Assistant City Manager Wood stated that the provisions of the ordinance
• require that a use permit be obtained for all new establishments selling or
serving alcoholic beverages, and for existing establishments if there is a
substantial change to the operation of the establishment or if establishment
has been found to operate under objectionable conditions which constitute a
public nuisance. If a business is found to be operating as a public nuisance,
it would be given thirty days to correct the problem. If the problem is not
corrected, there would be a public hearing before the Planning Commission.
If it is determined that a public nuisance does exist, the establishment would
be required to obtain a use permit which would have conditions of approval.
The intent of the ordinance is to make sure that any problems are corrected
and not to close any businesses.
Assistant City Manager Wood stated that the preparation of the ordinance
has been lengthy, with input provided by businesses and residents.
Mayor Edwards confirmed with Assistant City Manager Wood that the
changes requested by the Chamber of Commerce in their letter of May 22,
1998, would be incorporated into the final ordinance, and that the intent of
the ordinance would not be changed by making the revision.
Mayor Edwards opened the public hearing.
Steven Silverstein, 1851 E. Pt Street, Santa Ana, provided the City Council
with a letter he submitted to the Planning Commission on April 21, 1998.
Mr. Silverstein stated that many of the issues addressed in the letter have
• since been resolved. However, with respect to requiring a use permit of
businesses that currently exist, he felt that the ordinance was nothing but a
veiled attempt to get rid of certain businesses. Mr. Silverstein stated that
Volume 52 - Page 45
9 IT
Ord 98 -12
Alcoholic
Beverage Outlets
PCA 869/Zoning
(94)
City of Newport Beach
City Council Minutes
May 26, 1995
• the City already has appropriate laws to shut down any business that
operates in violation of existing laws. Mr. Silverstein further felt that there
was a problem with some of the language in the ordinance.
Council Member Glover asked if an existing business, without a use permit,
would be required to obtain a use permit under the new ordinance.
Assistant City Manager Wood restated the two instances when an existing
business would be required to obtain a use permit and confirmed that the
ordinance would not require all businesses to obtain a use permit. Council
Member Glover inquired about the affect of density on the approval of a use
permit. Assistant City Manager Wood stated that the Planning Commission
would consider the concentration of the liquor licenses and the crime rate in
the area, but that the ordinance does not state a definitive standard for
disallowing a use permit.
Council Member Debay asked for a clarification about the Project 2000
report and what the City Council approved. City Manager Murphy stated
that staff has been given no direction whatsoever during drafting, modifying
or dealing with the ordinance to put any bar or restaurant out of business.
City Manager Murphy stated that the City is merely trying to deal with the
businesses that have become a problem, and that the City is trying to find
tools to deal with the problems.
• Assistant City Manager Wood was asked to summarize the procedure that
took place in the preparation of the ordinance. She stated that a first draft
of the ordinance was presented to members of the Restaurant Association.
Input was taken and changes were made. The draft was also reviewed by
the City Attorney, who made changes. The revised draft was then reviewed
by a group which included representatives from restaurants, a bar owner,
the Chamber of Commerce, representatives from off -sale establishments,
and residents in the Cannery Village and Corona del Mar area. Additional
changes were made due to input by this group.
Howard Norris, Stag Bar, discussed the directive given by the City Council
regarding Project 2000. He read from a staff report to the Planning
Commission stating that the City Council directed staff to continue drafting
regulations for alcoholic beverage outlets based on Project 2000
recommendations.
Dan Marcheano, Arches Restaurant and President of the Restaurant
Association, stated that he feels that Newport Beach has very little crime
and that problems are small. Mr. Marcheano doesn't understand why the
ordinance is needed. He feels that the industry is already over - regulated,
and he requested that it be shown how not having this ordinance would
affect Newport Beach.
Mayor Edwards responded that this ordinance does provide new regulations
and addresses a problem that exists in the City. City Manager Murphy
• stated that the ordinance gives the City a tool to eliminate the problems,
with no specific businesses being earmarked. Responding to Mr.
Marcheano's question, Assistant City Manager Wood stated that between six
Volume 52 - Page 46
INDEX
City of Newport Beach
City Council Minutes
May 26, 1998
• and ten bars and restaurants currently operate without a use permit. City
Manager Murphy stated that this ordinance also addresses existing
businesses that expand.
Bill Hamilton, Cannery Restaurant, stated that he has reservations with the
ordinance, highlighting the Thunderbird and Joe's Crab Shack disturbances
and how they were handled without this ordinance. Mr. Hamilton suggested
that the ordinance was not really necessary. Mayor Edwards responded that
the ordinance would allow the City to deal with these types of problem much
more quickly.
John Taylor, resident of Newport Beach and prior resident of Fort
Lauderdale, stated his concern that these types of ordinances tend to turn
resort communities into retirement communities. Mr. Taylor feels that the
language in the ordinance is not clear, and that the industry is already well
regulated.
Motion by Council Member Glover to introduce Ordinance No. 98 -12 for
Planning Commission Amendment 869 and pass to second reading on
June 8, 1998, with a modification to 20.89.030 A2 to delete paragraph two
and replace it with the following language: "As used in this chapter,
objectionable conditions which constitute a public nuisance shall mean
repeated instances of conduct or conditions such as a pattern of conduct in
• violation of ABC and local alcohol laws, or documented violations of
municipal and penal code statutes which conduct or condition is directly
related to the operation of the alcoholic beverage outlet."
City Attorney Burnham stated that he met with Mr. Silverstein. City
Attorney Burnham suggested some changes to the wording of the second
paragraph in 20.89.030 A2.
Amended Motion by Council Member. Glover to introduce Ordinance
No. 98 -12 for Planning Commission Amendment .869 and pass to second
reading on June 8, 1998, with a modification to 20.89.030 A2, to delete
paragraph two and replace it with the following language: "As used in this
chapter, objectionable conditions which constitute a public nuisance shall
mean repeated instances of conduct or conditions which adversely impact the
public health safety and welfare and which are directly related to the
operation of the alcoholic beverage outlet such as a pattern of documented
violations of ABC and local laws, a pattern of documented violations of the
Newport Beach Municipal Code, the Penal Code or other State statutes, or a
pattern of substantiated complaints of activity constituting evidence of a
nuisance."
Richard Luehrs, President of the Newport Chamber of Commerce, referred
to his correspondence of May 22, 1998, and confirmed that the Chamber did
agree with the ordinance at the time of the Planning Commission meeting,
but after further review and discussion with some of the restaurateurs, some
• late changes were requested.
Jason Luhan, 2632 San Miguel Drive, What's Cooking Bistro, stated that he
Volume 52 - Page 47
INDEX
•
City of Newport Beach
City Council Minutes
May 26, 1998
INDEX
understood the necessity for the ordinance but that he feels it targets small
operators, which he disagrees with. He feels that if he wants to expand his
business, this ordinance will limit his ability to make money.
Scott Shuttleworth, 1918 Holiday Road, Owner of Windows on the Bay and
Vice President of Newport Beach Restaurant Association, stated that he felt
that the problem with the ordinance is the language. He feels that the
existing laws are enough, and that an alcohol policy should address alcohol
establishments.
Hearing no further testimony, Mayor Edwards closed the public hearing.
City Attorney Burnham stated that the ordinance provides the City with a
formal mechanism to deal with alcoholic beverage outlet owners.
The amended motion carried by the following roll call vote:
Ayes Glover, Debay, O'Neil, Noyes, Mayor Edwards
Noes: None
Abstain: Thomson
Absent: Hedges
17. PUBLIC HEARING REGARDING THE VACATION AND
Res 98 -36
•
ABANDONMENT OF A PORTION OF BROAD STREET, LOCATED IN
THE NEWPORT HEIGHTS AREA.
Vacation/
Newport Heights/
Broad Street (90)
Council Member Glover announced that she would be abstaining from voting
on this item due to conflict of interest.
Mayor Edwards opened the public hearing.
Hearing no testimony, Mayor Edwards closed the public hearing.
Motion by Mayor Pro Tem O'Neil to adopt Resolution No. 98 -36 ordering
the vacation and abandonment of a portion of Broad Street, and directed the
City Clerk to have the Resolution recorded by the Orange County Recorder.
The motion carried by the following roll call vote:
Ayes Thomson, Debay, O'Neil, Noyes, Mayor Edwards
Noes: None
Abstain: Glover
Absent: Hedges
18. PUBLIC HEARING ON THE APPLICATION FOR TENTATIVE
TT 15607/
TRACT MAP NO. 15607 AND MODIFICATION PERMIT NO. 4688 ON
Modification
THE PROPERTY LOCATED AT 738 TUSTIN AVENUE - REQUEST
Permit 4688/
TO SUBDIVIDE AN EXISTING LOT INTO A SINGLE PARCEL OF
738 Tustin Ave
LAND FOR CONDOMINIUM PURPOSES IN CONJUNCTION WITH
(68)
THE DEVELOPMENT OF A SIX UNIT RESIDENTIAL PROJECT ON
A PROPERTY LOCATED IN THE MFR (2178) DISTRICT AND A
Volume 52 - Page 48
City of Newport Beach
City Council Minutes
May 26, 1998
• MODIFICATION TO PERMIT A REQUIRED GUEST PARKING
SPACE TO BE LOCATED IN THE FRONT YARD SETBACK AREA
THAT IS NOT ON A DRIVEWAY IN FRONT OF A GARAGE AS THE
ZONING CODE REQUIRES.
Council Member Glover provided the applicant and the City Council with
two changes to Modification No. 4688.
Mayor Edwards opened the public hearing.
Shawn Helda, the applicant, stated that he was in agreement with the two
changes as proposed by Council Member Glover. Mr. Helda stated that his
only concern was with regards to the three palm trees in the setback area.
He feels that the area would be better served with lower trees.
Council Member Glover stated her concern that too often the older trees are
removed when a new development is being done, and that since the older
areas of town tend to be redeveloped more, they are losing much of the
mature landscaping. Mr. Helda clarified that he is not suggesting that the
palm trees need to be removed, but that he'd like to add trees or decide on a
better design.
Mr. Helda displayed the plans as drawn up by his landscape architects, and
• discussed the various trees planned for the property.
Hearing no further testimony, Mayor Edwards closed the public hearing.
As Mr. Helda, Council Member Glover and Planning Director Temple
reviewed the plans in more detail, Mayor Edwards skipped to Agenda Item
#519.
519. LETTER STATING CITY'S SUPPORT FOR ADDITIONAL U.S.
COAST GUARD SMALL VESSEL STATIONED IN NEWPORT
HARBOR (Request of Council Member Thomson).
Council Member Thomson stated that the City is fortunate to have the Coast
Guard cutter in Newport.
Motion by Council Member Thomson to direct City staff to prepare and
issue a letter under the Mayor's signature to the Alameda office of the USCG
in support of USCGC Point Stuart's request for the placement of an
additional twin - engine, rigid hull inflatable (RHI) utility boat within
Newport Harbor.
Without objection, the motion carried by acclamation.
18. Motion by Council Member Glover to approve Tentative Tract Map No
15607 and Modification No. 4688, subject to the findings and conditions
IF the by the Planning Commission, with the following changes: 1) to add
the following language to Condition 2 of Modification 4688: "That guest
parking space #1 (in the front setback area) be paved with decorative
Volume 52 - Page 49
INDEX
U.S. Coast Guard/
Newport Harbor
(51/87)
•
City of Newport Beach
City Council Minutes
May 26, 1998
materials such as brick or stamped, colored concrete treads with a grass
center strip, or with turf blocks. The pavement treatment is to be approved
by the Planning Department prior to the issuance of the building permit ",
and 2) to add Condition 6 to Modification No. 4688, as follows: "Prior to the
issuance of demolition, grading or building permits, the applicant shall
submit a landscape plan for review and approval by General Services,
Planning and Public Works departments. Landscaping shall include canopy
trees of a size sufficient to be compatible with surrounding properties and
the scale of the subject project."
Without objection, the motion carried by acclamation.
MOTION FOR RECONSIDERATION - None
ADJOURNMENT - 8:25 p.m.
The agenda for the Regular Meeting was posted on May 21, 1998, at
9:00 a.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building. The supplemental agenda for the
Regular Meeting was posted on May 22, 1998, at 2:30 p.m. on the City Hall
Bulletin Board located outside of the City of Newport Beach
• Administration Building.
•
Recording Secrets
4eqa'. _ 7
Mayor Pro Tern
,�J�7tn.c. � • /VG�/J!��
City Clerk
Volume 52 - Page 50
INDEX