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HomeMy WebLinkAbout01/26/1998 - Regular MeetingI CITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 26, 1998 - 7:00 p.m. ULUS;ED SESSION - 5:00 mm. CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Absent: None Pledge of Allegiance - Council Member Glover. Invocation by Reverend William Kirlin- Hackett, Newport Harbor Lutheran Church. Presentation Regarding the City's 1997 United Way Campaign. City Manager Murphy introduced and acknowledged Deputy Fire Marshall Mike Macey, employee chair of this year's campaign, and Kathy Tipre, Campaign Manager with the United Way. The City's employees in the 1997 Campaign raised almost $49,000. Ms. Tipre presented Mayor Edwards with a bronze award from the United Way. Mayor Edwards accepted the award on behalf of the City's employees. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): • Council Member Debay mentioned that a good meeting with the Peninsula Revitalization Committee was held on Monday, January 26, 1998. • Mayor Pro Tem O'Neil requested that the Legislative Committee hold a meeting with Comcast to discuss the Comcast contract, and what might be done to update and modernize the method in which the City Council meetings are taped. • Council Member Hedges announced that the next meeting of the Peninsula Revitalization Committee will be held on Monday, February 23, 1998, at 12:00 p.m. at the Newport Landing Restaurant. • Council Member Glover requested that an attendance record of all the various City Committees, Commissions and Boards be provided at the next City Council meeting. • Council Member Thomson requested that he be appointed to a cable television ad hoc committee. Volume 51- Page 587 INDEX t E: t City of Newport Beach City Council Minutes January 26, 1998 Council Member Thomson feels that door -to -door solicitation is a problem in all districts of the City. He is aware that the City Attorney and the Police Chief are working on a new policy, and requested that the information be provided to the citizens when available. Council Member Thomson requested that EQ,AC work with a volunteer citizens committee to look into standardizing the various types of real estate signs acceptable to the different community associations. Council Member Thomson would like to see a uniform sign accepted by the various associations, so that independent realtors don't have to buy a different sign for every association. Mayor Edwards reminded the City Council members to contact the City Clerk's office with their appointments for the Bicycle Trails and Harbor Quality Committees, so that the item can be brought back to the City Council on a future Consent Calendar. Mayor Edwards paid tribute to the City's Arts Commission for their efforts on the Saturday night fundraising event at the Orange County Museum of Art. Mayor Edwards also acknowledged the 652 attendees, the 20 artists, the communities of Laguna Beach and San Juan Capistrano, as well as Bill Valentine, Pat Brubaker, Kathy Harrison, Roya Fouladi, Nancy Warzer- Brady, Cathy Michaels, Mary MacIntyre- Hamilton and Lyn Belasco. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF JANUARY 12, 1998. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. ORDINANCES FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. ADOPT ORDINANCE NO. 97 -37 APPROVING THE RENEWAL OF THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT AND MODIFYING THE BASIS FOR LEVYING ASSESSMENTS. 4. ADOPT ORDINANCE NO. 98 -1 APPROVING AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE PROPERTY DEVELOPMENT REGULATIONS RELATING TO THE MAXIMUM GROSS FLOOR AREA LIMITS AND OFF - STREET PARKING REQUIREMENTS IN THE R -1.5 DISTRICT [PLANNING COMMISSION AMENDMENT 8661. Volume 51 - Page 588 INDEX Marine Ave BID Ord 97 -37 (27) Zoning /Planning Commission Amendment 866 Ord 98 -1 (68/94) City of Newport Beach City Council Minutes January 26, 1998 INDEX RESOLUTIONS FOR ADOPTION 5. RESOLUTION NO. 98 -7 RECOMMENDING THAT PERSONS UNDER Alcohol/Drug COURT JURISDICTION WHO ARE REQUIRED TO PARTICIPATE Res 98 -7 IN A RESIDENTIAL DRUG OR ALCOHOLISM ABUSE (70/28) REHABILITATION PROGRAM BE REQUIRED TO ATTEND A RECOVERY OR TREATMENT FACILITY THAT IS LICENSED BY THE CALIFORNIA DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS. Adopt Resolution requesting the courts in Orange County only sentence defendants to rehabilitation programs in licensed sober living homes in an effort to insure some State regulatory oversight over those facilities. 6. RESOLUTION NO. 98 -8 AUTHORIZING THE DESTRUCTION OF Records Destruction CERTAIN RECORDS OF THE CITY ATTORNEYS OFFICE AS Res 98 -8 PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF (76) THE STATE OF CALIFORNIA. Adopt Resolution authorizing the City Attorney to arrange for the destruction of certain records. 7. RESOLUTION NO. 98 -9 ADDING THE BALBOA SALOON, 700 E. BAY Historical Dedication AVENUE AND 701 EDGEWATER, TO THE CITY S REGISTER OF Res 98 -9 HISTORICAL PROPERTIES. Adopt Resolution adding the Balboa Saloon (35) (building only) to the City of Newport Beach Register of Historical Property as a Local Historic Site (Class 3). 8. Removed from the Consent Calendar by Council Member Hedges. 9. Removed from the Consent Calendar by Council Member Hedges. CONTRACTS AND AGREEMENTS 10. APPROVE BUDGET AMENDMENT (BA -036) TO APPROPRIATE AN Santa Ana River ADDITIONAL $2,000 FOR A COOPERATIVE AGREEMENT WITH Crossing (SARX) THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE BA -036 SANTA ANA RIVER CROSSING STUDY ENVIRONMENTAL IMPACT C -2967 REPORT. Authorize the Mayor and City Clerk to execute a Cooperative (40/38) Agreement with the Orange County Transportation Authority for the Santa Ana River Crossing Study (SARX) Environmental Impact Report; and approve Budget Amendment (BA -036) in the amount of $2,000 for the study. 11. COMPLETION AND ACCEPTANCE OF BIG CANYON RESERVOIR Big Canyon Reservoir PIPING MODIFICATION (C- 3110). Accept the work and authorize the C -3110 City Clerk to file a Notice of Completion; and authorize the City Clerk to (38) release the 'Performance Bond" 35 days after the Notice of Completion has been recorded with the applicable portions of the Civil Code. 12. APPROVE THE QUITCLAIM DEED FOR IRVINE AVENUE AND Bike Trail & Street UNIVERSITY DRIVE CLASS -1 BIKE TRAIL AND STREET Improvement Project IMPROVEMENT PROJECT (C- 2851). Approve the Quitclaim Deed for C -2851 the City property commonly known as the West Bay Park Site located south (38/74) of Irvine Avenue/Monte Vista Avenue intersection, within the County of Volume 51 - Page 589 P� I :3 City of Newport Beach City Council Minutes January 26, 1998 Orange Upper Newport Bay Regional Park; authorize the Mayor to execute the Quitclaim Deed; and direct the City Clerk to record the Quitclaim Deed. 13. COMPLETION AND ACCEPTANCE OF 15TH STREET AND AVOCADO AVENUE PAVEMENT REHABILITATION AND TRAFFIC SIGNAL MODIFICATION AT JAMBOREE ROAD AND BISON AVENUE (C- 3139); APPROVE BUDGET AMENDMENT (BA -038) TO TRANSFER FUNDS TO BALBOA BOULEVARD MAIN TO G STREET, AND RIVER AVENUE STREET RECONSTRUCTION ACCOUNTS. Accept the work; authorize the City Clerk to file a Notice of Completion; release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and authorize a budget amendment (BA -038) to a) transfer $20,900 from Account No. 7181 - 05100354 to 7181- C5100390 (Balboa Boulevard Main to G Street), and b) transfer $50,000 from 7181- C5100354 to 7181- C5100364 (River Avenue Street Reconstruction). 14. GATEWAY PARKS LANDSCAPING AND LIDO SEWAGE PUMP STATION REPLACEMENT (C -2886 AND C- 3124). Affirm the filing of a Mitigated Negative Declaration as the environmental impact determination for the Lido Sewage Pump Station Replacement and Gateway Parks Landscaping projects. 15. Removed from the Consent Calendar by Madeline Arakelian. MISCELLANEOUS ACTIONS 16. PLANNING COMMISSION AGENDA FOR JANUARY 22, 1998. 17. ENCROACHMENT PERMIT FOR THE CONSTRUCTION OF A CURB CUT IN SEASHORE DRIVE AT 109 32ND STREET. Approve the encroachment permit to allow construction of a curb cut in Seashore Drive at 109 32.d Street where alley access is available. 18. APPROVE BUDGET AMENDMENT (BA -034) TO REAPPROPRIATE A LIBRARY GIFT IN THE AMOUNT OF $7,650 FOR A GIFT COLLECTION IN HONOR OF JOHN STAHR THAT WAS RECEIVED IN FISCAL YEAR 1996 -1997 BUT NOT EXPENDED. 19. APPROVE BUDGET AMENDMENT (BA -039) TO INCREASE THE REVENUE ESTIMATE BY $50,000 IN ACCOUNT 010 -5008 (SPECIAL INSPECTION FEES), AND APPROPRIATE SAID AMOUNT FROM PACIFIC BAY HOME DEPOSIT ACCOUNT 0102 -2039 TO 2900 -8250 (SPECIAL DEPARTMENTAL EXPENSE) ACCOUNT TO HIRE A CONTRACT INSPECTOR TO PROVIDE A FULL -TIME INSPECTOR TO PACIFIC BAY HOMES PER THEIR REQUEST (PBH HAS PAID THE COST OF THE NEW POSITION FOR THE FIRST TWO YEARS WITH A DEPOSIT OF $233,000). INDEX Pavement Rehab BA -038 C -3139 (40/74/38) Pump Station & Gateway Park Landscaping C -2886 C -3124 (38/74) Planning (68) Encroachment Seashore Drive (65) Library BA -034 (40/50) Pacific Bay Homes BA -039 (66/40) 20. APPROVE BUDGET AMENDMENT (BA -035) IN THE AMOUNT OF Fire Station $23,663.60 FOR AN UNEXPECTED REPLACEMENT OF THE BA -035 Volume 51 - Page 590 City of Newport Beach City Council Minutes January 26, 1998 EMERGENCY GENERATOR AT THE FASHION ISLAND FIRE STATION. 21. APPROVE BUDGET AMENDMENT (BA -037) IN THE AMOUNT OF $12,430 TO PURCHASE A LARGE STORM WATER PUMP NEEDED THROUGH THE HEAVY RAINS. 22. SEMI - ANNUAL NARCOTICS ASSET FORFEITURE REPORT FROM JULY 1, 1997, THROUGH JANUARY 1, 1998. Receive and file. 23. Removed from the Consent Calendar by Council Member Glover. 24. Removed from the Consent Calendar by Council Member Glover. Motion by Mayor Pro Tern O'Neil to approve the Consent Calendar, except for those items removed (8, 9, 15, 23 and 24). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 8. RESOLUTION OF INTENTION NO. 98 -10 ESTABLISHING REGULATIONS FOR THE OPERATION OF ALCOHOLIC BEVERAGE OUTLETS. Council Member Hedges confirmed that the proposed regulations regulate new alcohol establishments and also those establishments that have undergone a substantial change, or those that have been determined by the Planning Commission or Planning Director to constitute a public nuisance. Council Member Hedges asked if there was any reason why the City couldn't require a use permit for a free- standing bar. City Attorney Burnham answered that a use permit is needed, per the zoning code, if there is a change in operational characteristics. Council Member Hedges then asked if the City has the ability to require a use permit for existing bars. City Attorney Burnham suggested that it would be difficult to do so, without changes in operational characteristics or the public nuisance determination. Council Member Hedges requested that staff look into what regulatory authority the City might have to require existing bars to obtain a use permit. Motion by Council Member Hedges to adopt Resolution No. 98 -10 initiating an amendment to Title 20 of the Municipal Code pertaining to the regulation of alcoholic beverage outlets and refer it to the Planning Commission for public hearing. Dan Marcheano, 1238 Blue Gum Lane, President of the Newport Beach Restaurant Association and owner of the Arches Restaurant, stated that his bar is one of the few establishments operating without a use permit. Mr. Marcheano stated that due to the Arches Interchange construction as well as the new smoking law, he would like to see this new regulation postponed for a while. He would like the restaurants to have the opportunity to comment on the regulation, which he feels has some problems that need to be worked out. Volume 51- Page 591 INDEX (41/40) Water Pump BA -037 (74/40) Narcotics Report (70) Alcoholic Beverage Outlets Res 98 -10 (68) i City of Newport Beach City Council Minutes January 26, 1998 Council Member Glover asked Mr. Marcheano how the new regulation would change the operation of the Arches Restaurant. Mr. Marcheano stated that the operation of the restaurant would not change. He is concerned about a problem existing outside a group of bars, and how it will be determined which bar is causing the problem. Mayor Edwards stated that if the regulation is adopted, public hearings would then take place before the Planning Commission. Council Member Glover asked Assistant City Manager Wood if a non- conforming use exists and if the facility is not operating under a conditional use permit, if this new regulation gives the City the authority to handle the situation. Assistant City Manager Wood stated that the City could require a use permit for a use that is now existing without one if there was a substantial change in the character of the operation or the size of the facility, or if the conditions of the operation were so bad that they were constituting a public nuisance. Howard Norris, 121 McFadden Pl., owner of the Stag Bar, stated that the Stag Bar is one of the few freestanding bars in the City. Mr. Norris stated that he bought the bar six to seven years ago, and has received no citations from the ABC or the City of Newport Beach during that time. He would like the regulation reviewedand its language made more specific. Mayor Edwards again stated that this is a resolution of intention only, and that from here, there would be additional public hearings. Don Gregory, 601 Lido Park Drive, stated that he believes that it is the responsibility of each bar owner to be responsible for their bar, their property and the land around their bar. He doesn't feel more time should be spent reviewing this regulation. Without objection, the motion carried by acclamation. 9. RESOLUTION NO. 98 -11 APPROVING A LEGISLATIVE ADVOCACY AGENDA FOR 1998. Council Member Hedges stated that the document gives direction to City staff and the Mayor as to what letters will be sent out on the City's position regarding various legislative policies and positions, as well as the City's position with regards to other cities and the federal government. Motion by Council Member Hedges to adopt Resolution No. 98 -11 approving a legislative advocacy agenda, with the following changes: 1) Page 1, Section I, first sentence, strike "seek new funding sources "; 2) Page 2, Section II C, strike "without offsetting fiscal benefit "; and 3) Page 3, Section VII B, delete entirely. Council Member Glover feels that the City does need new funding sources, and not necessarily from taxes. She disagreed with Hedges' change to Volume 51 - Page 592 INDEX Legislative Advocacy Agenda Res 98 -11 (48) • City of Newport Beach City Council Minutes January 26, 1998 Section I. Mayor Edwards feels that the clean -up language suggested by Council Member Hedges is appropriate and, that when the entire section is read, it covers the concerns of Council Member Glover. Without objection, the motion carried by acclamation. 15. SALTARELLI CONSULTANT AGREEMENT. Madeline Arakelian stated that she attended the last City Council meeting of Newport Beach and then the following day, attended the City Council meeting of Irvine. She was appalled that the City of Newport Beach had offended Irvine so greatly that negative comments were made about the City of Newport Beach. Ms. Arakelian was disturbed that the City had hired Mr. Saltarelli by purchase order. She stated that she feels that the two cities should work together, and if Newport Beach does need to hire Mr. Saltarelli, that it be done so legitimately. Mayor Edwards stated that Mr. Saltarelli had not been hired yet, but had been retained on a temporary basis only. The contract now before the City Council, if approved, would approve the hiring of Mr. Saltarelli. City Attorney Burnham stated that purchase orders for under $30,000 do not require City Council approval. City Attorney Burnham signed the purchase order in this case and felt that by working with Mr. Saltarelli on an interim basis, it could be determined if there was a good working relationship. Mayor Edwards stated that Mr. Saltarelli was not hired to impede Irvine's annexation issues. Dolores Otting stated that Mr. Saltarelli has been a consultant in the past, including work with The Irvine Company. Ms. Otting asked if the City Council had a list of the other companies Mr. Saltarelh has consulted for, in case there might be other conflict of interest issues. Ms. Otting also questioned the practice of hiring by purchase order, and asked if this was being done on a regular basis. Motion by Mayor Pro Tern O'Neil to approve the agreement with Donald Saltarelli for aviation related consultant services. Without objection, the motion carried by acclamation. 23. UPDATE ON THE RECLASSIFICATION OF SANTIAGO DRIVE BETWEEN IRVINE & TUSTIN AVENUES WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA). • Council Member Glover requested an update from Public Works Director Webb. Public Works Director Webb stated that the City is waiting for the Orange Volume 51- Page 593 INDEX Saltareth Agreement El Toro Airport C -3190 (54/38) Santiago Drive OCTA (74/54) I City of Newport Beach City Council Minutes January 26,1998 County Transportation Authority's (OCTA) technical advisory committee to look at options on local traffic calming issues using arterial highways. He stated that on Wednesday, January 28, 1998, a meeting of the technical steering committee will be held. The issue should be referred to the full committee in mid February. If the wording is approved, then it would be forwarded to the OCTA Board. If approved there, the policy would be in effect and would allow for traffic calming measures to be put into place for collector arterial streets. Council Member Glover stated that she is concerned about the insignificant impact of this change compared to the significant amount of data that must be provided. Public Works Director Webb said that that when a change in the classification of an arterial street impacts, or potentially impacts, an adjoining agency, it must be approved by OCTA. Public Works Director Webb stated that a decision on the traffic calming issue could be made before the approval of the arterial classification change. Motion by Council Member Glover to receive and file the report. Without objection, the motion carried by acclamation. 24. APPROVE BUDGET AMENDMENT (BA -040) IN THE AMOUNT OF $255,227 FOR DECEMBER 1997 STORM - RELATED EXPENSES. Council Member Glover read the budget amendment wording. She understood that this was an unusual storm, but one thing that she felt has not been characterized adequately was that the local businesses really took over the cleaning up of the Bay. She acknowledged the Cannery, Swift Slip, Bill Hamilton, the Boy Scout Base, Shock Boats and Shellmaker for their efforts. Council Member Glover feels that the City didn't come on line quickly enough. Motion by Council Member Glover to approve BA -040 in the amount of $255,227 for December 1997 storm - related expenses. Council Member Hedges inquired about the $50,000 item in the budget amendment titled "Special Department Expense NOC ". City Manager Murphy explained that the "not otherwise classified" item includes the additional dump fees, estimated through the end of the year. City Manager Murphy explained that this budget amendment is a comprehensive total that should cover the City through the end of the year, as well as for the storm in December. Council Member Hedges asked what would happen if the total amount is not used. City Manager Murphy stated that any unspent money would remain in the general fund. Council Member Hedges asked if the budget targets were being met up to the December storm event. City Manager Murphy stated that some accounts, to date, have been overexpended due to abnormal occurrences. City Manager stated that funding will be sought for any abnormal expenses, which would include anything above that which was budgeted. Council Member Debay stated that she has been in contact with General Volume 51 - Page 594 INDEX Storm- related expenses BA -040 (40/74) I I City of Newport Beach City Council Minutes January 26, 1998 Services Director Niederhaus and City Manager Murphy about the debris in the bay caused by cuttings higher up the stream bed which were not disposed of properly. Council Member Debay would like to see some sort of reimbursement come from those sources also. Without objection, the motion carried by acclamation. Mayor Edwards indicated that the City crews were on line by 4:00 a.m. He acknowledged the help of the local businesses, but also feels that City crews put in a tremendous amount of time and were on hand quickly. PUBLIC COMMENTS Chuck Avery, 1609 East Balboa, inquired about the letter he wrote to Council Member Hedges about the posting of signs on trees and public property. Council Member Hedges explained that the City ordinances are in place prohibiting the posting of signs on City property, but that enforcement is another issue. Council Member Hedges referred the letter to City Manager Murphy, who corresponded with the Police Chief regarding the matter. City Manager Murphy stated that the Police Department does not consider signs on public property as one of their top priorities, and suggested a volunteer program. Council Member Hedges stated that he suggested a Senior Volunteer Program, three years ago. Mr. Avery contacted Chuck Johnson, the contractor who takes care of the center divider on Balboa Blvd., and suggested that his employees, who collect the trash, also remove the signs. Mr. Avery left several signs at the podium. He also suggested a flyer be placed in the water bill informing people of the ordinance. He feels that people do not know about the ordinance. Dolores Otting noted that the $50,000 approved on BA -040, earlier in the evening, equals 200 trucks of trash at the 10 -ton limit. Additionally, Ms. Otting asked if Craig Scott was still contracted with the City to provide attorney services. She felt it was contradictory to the hiring of Mr. Saltarelh. Lastly, Ms. Otting questioned the Cal - Surance policy paid for by the trash haulers franchise fee money. She said she endorses the pollution and remediation legal liability declaration, but that there are several pieces of City property being covered by this insurance, and she questioned why that would come out of the franchise fee. PUBLIC HEARINGS 25. REQUEST BY FRANKLIN REALTY SIGN (JEFFREY STERN, APPLICANT /APPELLANT), 3250 EAST COAST HIGHWAY, FOR AN EXCEPTION TO THE SIGN CODE TO ALLOW THE REPLACEMENT OF AN EXISTING CONFORMING POLE SIGN WITH A POLE SIGN WHICH CONTAINS A MARQUEE TYPE SIGN ANIMATED WITH MECHANICALLY CHANGEABLE COPY. Motion by Mayor Pro Tem O'Neil to continue the public hearing for this item to March 9, 1998, per the applicant's request. Volume 51- Page 595 INDEX Franklin Realty Sign (68) J City of Newport Beach City Council Minutes January 26, 1998 Mayor Edwards opened the public hearing, and hearing no testimony, continued the hearing. Without objection, the motion carried by acclamation. 26. STATUS REPORT ON DEVELOPMENT AGREEMENTS NOS. 4, 5, 6, 7, 8, 9, and 10. Conduct annual review of current Development Agreements to review the applicants' good faith and substantial compliance with each agreement in addition to those terms and conditions required of the City. Development Agreement No. 4 (C- 2823A) The Irvine Company, Library Exchange Agreement Development Agreement No. 5 (C -2912) Hoag Memorial Hospital Presbyterian Development Agreement No. 6 (C- 2920A) The Irvine Company, Circulation Improvement and Open Space Agreement (CIOSA) Development Agreement No. 7 (C -3058) Pacific View Memorial Park ® Development Agreement No. 8 (C -3059) Ford Motor Land Development Corporation Development Agreement No. 9 (C -3067) Fletcher Jones Motor Cars Development Agreement No. 10 (C -3152) Newport Harbor Lutheran Church City Manager Murphy stated that each development agreement requires an annual status report and review. He stated that staff was available to answer any questions about the information provided in the staff report. Council Member Glover asked for a clarification regarding Development Agreement #6, The Irvine Company Circulation Improvement and Open Space Agreement. She noted that on Page 4 of the Project Status Report, it states that the site on the southeast corner of San Miguel Road and Avocado Avenue was redesignated as multi- family residential according to General Plan Amendment No. 97 -3. She then noted that on Page 5 of the report, the same site is listed as being open space. Assistant City Manager Wood said that the amendment has only been initiated. Planning Director Temple explained that the general plan was never actually amended to change the underlying land use designation. She stated that the actual land use ® designation, as mapped on the existing land use element, is administrative, professional and financial commercial, however, through the development agreement, The Irvine Company agreed to dedicate the site as open space. Planning Director Temple said that if the multi - family residential project is Volume 51 - Page 596 INDEX Development Agreements C -2823A C -2912 C -2920A C -3058 C -3059 C -3067 C -3152 (38/68) I City of Newport Beach City Council Minutes January 26, 1998 not approved, then staff would request a subsequent amendment to designate the property as open space in the general plan. Council Member Debay inquired about Development Agreements #4, 6 and 9, and the fact that they appear to be incomplete. Assistant City Manager Wood stated, that in the past, Development Agreement #5, Hoag Memorial Hospital Presbyterian, has been the only applicant to provide a detailed progress annual report. She stated, further, that staff has determined that the other applicants have been in compliance with the substantive requirements of the agreements. Motion by Council Member Hedges to continue the item for one month, with the exception of Development Agreement #5. Mayor Edwards opened the public hearing. Reverend Bill Kirlin- Hackett, Newport Harbor Lutheran Church, stated that they submitted a report of compliance on their portion of the development agreement ( #10) and doesn't feel they should be continued. He feels that they've complied. Council Member Debay clarified that the only development agreements that she noticed were in non - compliance were Development Agreements #4, 6 and 9. Council Member O'Neil feels that if staff feels there is substantial compliance, he doesn't feel that the development agreements need to come back to the City Council this year, but that he'd like to see more comprehensive compliance in the future. Council Member O'Neil stated that he would not be supporting motion. Don Stahlin, Pacific Bay Homes, understood that Development Agreement #8, Ford Motor Land Development Corporation, was in full compliance. He apologized for anything that is found to be substandard, but they would be happy to bring their development agreement to full compliance. Assistant City Manager Wood clarified that reports have been received from Pacific View Memorial Park, Development Agreement #7, and Ford Motor Land Development Corporation, Development Agreement #8. In regards to Fletcher Jones Motor Cars, Development Agreement #9, and Newport Harbor Lutheran Church, Development Agreement #10, she stated that it is the responsibility of the City to provide the information. Carol Hoffman, The Irvine Company, understood from staff that all the information needed for Development Agreements #4 and 6 had been received. She stated that if additional information was needed, she would be happy to provide it. They would like their information to be complete. Hearing no further testimony, Mayor Edwards closed the public hearing. Amended Motion by Council Member Hedges to delete reference to Development Agreements #5, 7, 8, 9 and 10; and request that Development Agreements #4 and 6 be brought back to the City Council within 30 days. Volume 51 - Page 597 INDEX City of Newport Beach City Council Minutes January 26, 1998 The amended motion carried by the following roll call vote: Ayes Thomson, Debay, Hedges, Glover, Noyes, Mayor Edwards Noes: O'Neil Abstain: None Absent: None 27. CONTINUED APPEAL HEARING ON THE APPLICATION OF WINDOWS ON THE BAY RESTAURANT (SCOTT SHUTTLEWORTH, APPLICANT) FOR USE PERMIT NO. 3293 (AMENDED) ON THE PROPERTY LOCATED AT 2241 WEST COAST HIGHWAY - REQUEST TO AMEND CONDITIONS OF APPROVAL OF AN EXISTING FULL SERVICE RESTAURANT TO CHANGE THE OPERATIONAL CHARACTERISTICS (contd. from 11/24/97). Mayor Edwards asked for Council Member Glover to provide a brief update Council Member Glover began by clarifying some of the background information provided in the staff report. At the City Council meeting of November 24, 1997, the City Council directed Council Member Glover to meet with Joe's Crab Shack to resolve some of the issues associated with that property, with Scott Shuttleworth, manager of Windows on the Bay, and also with the appellants, Mr. & Mrs. Weinberg. Council Member Glover stated that she has since met with each. Both the attorney for Joe's Crab Shack and Mr. Shuttleworth agreed to meet with Mr. & Mrs. Weinberg and the other residents of Lido Isle. Mr. & Mrs. Weinberg declined the offer through correspondence dated December 23, 1997. Council Member Glover then referred to Mr. Shuttleworth's letter of January 14, 1998. She noted that in that letter, Mr. Shuttleworth makes some concessions to the requests of the Planning Commission. Council Member Glover stated that later she met with Mr. & Mrs. Weinberg, Carolyn Klein and Planning Director Temple. At that meeting, she understood the complaints from the residents of Lido Isle seem to be directed at Joe's Crab Shack, and not Windows on the Bay. Council Member Glover feels that the residents have concerns about Windows on the Bay because of the problems associated with Joe's Crab Shack. Council Member Glover also explained Windows on the Bay and how it sits on the bay. She stated that the outside dining is actually on the parking lot side of the building, enclosed with plexiglas. She said that the bar is not right out on the bay, but on an inset. Council Member Glover reminded the City Council that the decision made on the Windows on the Bay application will set a precedence for other establishments on the bay. Planning Director Temple explained the options available to the City Council. She stated that if the decision of the Planning Commission is sustained, the original Exhibit A, dated October 23, 1997, would be appropriate. A Revised Exhibit A was also provided in the staff report that incorporated the requests of Mr. Shuttleworth's letter of January 14, 1998. Volume 51 - Page 598 INDEX Windows on the Bay Use Permit 3293 (88) City of Newport Beach City Council Minutes January 26, 1995 INDEX Planning Director Temple suggested, however, that one change to Condition #4 be made. She suggested that the first line be changed to read "that meal service shall be made available at all times ". Planning Director Temple also stated that Code Enforcement Supervisor Sinasek has been taking noise measurements at Joe's Crab Shack on the bay side of the property on weekends. The most recent measurements show that the property has been exactly at the limit of the community noise ordinance, which is 65 decibels at the commercial property line. Prior to the most recent tests, the property had reached 68 decibels. The City will continue to monitor the property and issue citations, as appropriate. The property owner is also in the process of preparing a use permit application to request live entertainment and dancing at the facility. Mayor Edwards asked if there was any common ground between the residents of Lido Isle and Windows on the Bay. Planning Director Temple stated that there was not, and that the resident requests have not been agreed to by the applicant. Mayor Edwards opened the public hearing. Mr. Shuttleworth, the applicant, and manager of the Windows on the Bay, reminded the City Council of the thirty -three conditions placed on the facility, in addition to the seven additional constraints with the entertainment permit. Mr. Shuttleworth feels that he has assured compliance of all conditions, and that Windows on the Bay continues to operate with no violations and complies with all requirements. He stated that he couldn't agree with the additional constraints requested by the residents because those constraints would, in effect, eliminate his patio. Mr. Shuttleworth feels that Windows on the Bay has done everything it can to remain in compliance, and he'd like to continue with the current operation. Council Member Debay asked about the current patio and if it was already enclosed. Mr. Shuttleworth answered that the patio was currently enclosed with six and one -half feet of glass. Council Member Debay also heard that the patio is quieter than the indoor area. Again, Mr. Shuttleworth responded in the affirmative, and stated that the patio is intended as outdoor dining, not outdoor partying. Council Member Debay asked about the nightclub atmosphere some have mentioned. Mr. Shuttleworth stated that dinner will be served throughout the operating hours and that a nightclub atmosphere is not intended. Council Member Thomson explained that the City Council has an obligation to the citizens, and the maintenance of the quality of life on Lido Isle. He asked if Mr. Shuttleworth would consider not having any music piped outdoors. Mr. Shuttleworth felt that they've had the music playing outdoors for three years, with no complaints, and he feels that it adds to the ambiance of the dining experience. He would consider it, down the road, if necessary, but doesn't feel it's a problem now. Council Member Hedges asked about the size of the patio and if it was Volume 51 - Page 599 City of Newport Beach City Council Minutes January 26, 1998 INDEX needed. Mr. Shuttleworth said that the space of the patio is needed to reduce the wait time for customers during peak times. He added that food demand on the weekends doesn't usually drop off until about 11:00 or 11:30 p.m. Paul Baldwin, 326 Via Lido Nord, stated that the noise that comes across the bay changes during different times of the year. The Boy Scout Base has noise, but not during the night. He feels that this is a quality of life issue, and he hears the noise from Windows on the Bay. The paging system is loud and he'd like the outdoor music eliminated, but more importantly, he feels there should be a cutoff hour. He stated that he can hear everything over the bay, even talking, especially when the traffic on Coast Highway dies down in the evening. Council Member Glover corrected the speaker and stated that Windows on the Bay does not have a paging system, and has never had one. Martin Weinberg, 100 Via Lido Nord, clarified that he was at this City Council meeting for the Windows on the Bay issue, and not Joe's Crab Shack. Mr. Weinberg earlier delivered 280 petitions to the City Attorney's office, and each dealt with Windows on the Bay. Mr. Weinberg read from a letter written by Randolph J. Kroenert, 119 Via Zurich, dated November 21, 1997, which Mr. Weinberg felt provided a good example of the types of letters received from residents on all parts of Lido Isle. The letter reflected opposition to the permit as requested by Windows on the Bay. Mr. Weinberg had other letters and signed protests. He said the bottom line was the noise outside the restaurant, not what was occurring inside the restaurant. Mr. Weinberg does not consider the patio to be enclosed. James Newkirk, 434 Via Lido Nord, stated that he feels that Windows on the Bay is more than a restaurant, and that people go there to have a good time and listen to music. He agrees with Council Member Thomson's suggestion of having the music on the patio end at 9:00 p.m.. Mr. Newkirk doesn't feel that the patio needs to close, but that just the music needs to end at an earlier hour. He suggests trying it for a trial period. Bill Klein, 101 Via Lido Soud, thanked the City Council for the action they've taken with Joe's Crab Shack. He understands that Windows on the Bay is the first, of the restaurants on the bay, to apply for a permit of this type. Mr. Klein feels that this will set precedence and that the collective noise, when all the restaurants on the bay have outdoor music, will be intolerable. He feels it will affect property values and create a noise nuisance. Mr. Klein feels that the requests for outdoor dining are not necessary, that the restaurants are prospering already. He thinks Council Member Thomson's suggestion is a rational one. He agrees that music should not be allowed outside the building. Mr. Klein would support any indoor function Mr. Shuttleworth wants, as long as there is no music outside. Joe Rosener, 125 Via Venezia, stated that he sees a problem with zoning by permit, as he sees being the case with the Windows on the Bay situation. He suggests that it would be appropriate to have a specific area plan that would Volume 51 - Page 600 City of Newport Beach City Council Minutes January 26, 1998 I1Z11)9/Y define this, and other, problems of Mariner's Mile. He feels that the problem is the noise level at the residences. Additionally, he feels that the noise measurements should be taken at the impact area — at the individual residences. Downie Muir, 716 Via Lido Nord, recalled that the City curtailed the noise on the bay a few years ago. He feels that the restaurant patios should also have a roof. Bill Feeney, 208 Via Mentone, a real estate agent, talked about the diminishing property value that would result if the Windows on the Bay permit were approved. It would also require sellers and real estate agents to disclose this noise issue as a possible nuisance. Larry Higby, 213 Via Lido Nord, stated that he is a potential buyer of a property on Lido Isle and was made aware of this noise issue. He has been down on the Isle at the park, and could hear the noise traveling across the water. He understands that the Police can always be called when there is a disturbance at a residence, and he feels that there should be some consistency between how the businesses and the residences are treated. Paul Weinberg, 138 Via Xanthe, stated that he thinks a bar outside would encourage the kind of conduct the residents on Lido Isle are trying to avoid. He doesn't think the hours are as important as the type of activity that takes place. He thinks a bar only, without food service, would create a different atmosphere than drinks being served with meals. Dan McGurk, 114 Via Lido Nord, stated that he thinks the only issue is the noise, regardless of what activity takes place outside. He thinks the City should set noise limits, take noise measurements, and if the level is over the limit, citations should be issued. Mr. McGurk doesn't think the City Council needs to decide how the Windows on the Bay is run. He thinks they should only be concerned with ensuring that the noise limits are not exceeded. Council Member Glover asked how noise measurements are taken. Assistant City Manager Wood answered that measurements are not taken on a regular basis. They are usually taken as the result of a complaint. Assistant City Manager stated that a resident with a complaint can contact either the Police, for immediate attention, or the Planning Department, who would send a code enforcement officer to the site. Either would take the noise measurements. Lyn Belasco, 310 Via Lido Nord stated that she lives in Newport Beach because it is not wild and crazy, and she'd like to see it stay that way. Carolyn Klein, 101 Via Lido Soud, complained that she's called several times on Joe's Crab Shack and has never been pleased with the response she's received. She stated that, of course, there's no problem now with Windows on the Bay because they know they're being monitored and it's winter, when things are always quieter outdoors. She thinks the City Council should be consistent with the vote they took recently regarding the Cannery and she Volume 51 - Page 601 City of Newport Beach City Council Minutes January 26, 1998 feels that all the other restaurants will ask for the same thing if Windows on the Bay's request is approved. Richard Luehrs, President of Newport Chamber of Commerce, stated that Windows on the Bay has been operating with its current configuration for the past three years, and that this is not a new request by Windows on the Bay. In regards to the noise carrying across the water, Mr. Luehrs stated that from the Chambers perspective, they are concerned with the noise issue and were involved with the noise ordinance when it was approved several years ago. He feels there are reasonable steps to take to make sure the ordinance is being met. He feels that the tools are already in place, and doesn't feel that Mr. Shuttleworth's request needs to be denied. Lastly, Mr. Luehrs stated that he feels that the Council's decision on the Cannery was not based on the internal issues, but on the external issues that the Cannery might add to. However, in the case of Windows on the Bay, there have not been external issues or problems to date. Elaine Weinberg, 100 Via Lido Nord, the appellant, stated that some of the conditions that have been added are not necessary. She said her issue is with the outside noise, and nothing else. She also brought up the issue of the new smoking law and that all bar /restaurant owners have known of this law and will continue to seek outdoor dining and bars. Ms. Weinberg concluded by restating the five additional conditions the Lido Isle residents requested in their meeting with Council Member Glover, as written in the staff report. Don Gregory, 601 Lido Park Drive, stated that he doesn't want the weight of the Chamber of Commerce to affect the City Council's decision regarding this issue. Rush Hill, 1211 Cliff Drive, emphasized that this application does not change the current operations at Windows on the Bay, it is only a method to coordinate the paperwork of the conditional use permit with the way that the establishment has been operating. He stated that Windows on the Bay has conducted their business, without complaint. He said that Mr. Shuttleworth has attempted to meet with the residents, has volunteered to additional constraints, has agreed to not have a paging system, and to conduct meal service at all times, while the restaurant is open. However, Mr. Hill said that Mr. Shuttleworth cannot agree to separate the patio from the restaurant, because they work as a unit. Mr. Hill urged the Council to sustain the action of the Planning Commission. Hearing no further testimony, Mayor Edwards closed the public hearing Motion by Council Member Hedges to modify the decision of the Planning Commission, and approve the application in Revised Exhibit A with changes to include the deletion of Condition #4, removal of the language pertaining to the hour in Condition #7, deletion of "at his or her discretion" in Condition #8, a change in the language to Condition #12, adding the conditions requested by the residents of Lido Isle, and adding a condition that the business be subject to the provisions of the party -house ordinance, with Volume 51 - Page 602 11013 City of Newport Beach City Council Minutes January 26, 1998 INDEX respect to disturbance advisory cards and fines for excessive noise. Council Member Debay asked about a service bar on the patio. Council Member Hedges doesn't think there should be a bar on the patio, but that waiter /waitress service is acceptable. Council Member Glover asked about the rules of the City's current party -house ordinance. City Attorney Burnham explained that the violator is charged a fine to cover the costs of the services of the Police Department. City Attorney Burnham doesn't think the party -house ordinance would have to be rewritten, but that this would be specific to the use permit for this business. Council Member Hedges also wanted to clarify that Condition #26 should be changed to state that subsequent owners or operators of the business would be notified of the terms of operation, prior to sell or transfer. City Attorney Burnham stated that the new owners or operators would, already, be subject to the conditions. Council Member Thomson asked for a clarification on the difference between the noise ordinance and the party -house ordinance, and why both would be needed. Council Member Hedges responded that the party -house ordinance is intended to fine the property owner and/or tenant. He added that the noise ordinance is more restrictive because it contains quantifiable measurements. City Attorney Burnham stated that the zoning ordinance allows staff to quickly deal with violations. Council Member Hedges withdrew referral to the party -house ordinance in the original motion. Council Member Noyes wanted to point out that the decisions made at this City Council meeting would all be on a trial basis only, and that the use permit comes back to the City Council in July of 1998. Council Member Noyes would like to see the hours extended a bit, since this is all on a trial basis. Council Member O'Neil agrees that if this will be on a trial basis, the hours should be extended to at least to 10:00 p.m. or 11:00 p.m. midweek, and midnight on the weekends. Council Member Hedges stated that his motion should include no special events on the patio after 9:00 p.m., however, if the noise level is higher than allowed by ordinance, no matter what time, the property is in violation of the noise ordinance. Council Member Noyes again stated that this all will be on a trial basis. He thinks the hours are too restrictive, and that the issue is the noise level. Mayor Edwards discussed a federal standard that discusses noise levels after 10:00 p.m., and he feels the hours are within reason. Planning Director Temple requested that Condition #4 not be tampered with. The Planning Department's recommendation is at the request of the Police Department. Mr. Shuttleworth was invited to the podium and stated that he would prefer to keep the dining room open to serve meals for as long Volume 51 - Page 603 City of Newport Beach City Council Minutes January 26, 1998 as there is the demand. City Attorney Burnham understands that there are two issues that Condition #4 deals with. One being the security issue, which the Police Department feels more comfortable with. The second issue, as he understands it, is that there is some parking demand change under the zoning code, if the operation switches from a restaurant to a nightclub. Planning Director Temple clarified that Condition #4 required that food service be made available until at least 10:00 p.m. Sunday through Thursday and midnight Friday and Saturday. Council Member Glover said that she felt that the City Council should deal with only the outside noise and that they shouldn't talk about the inside issues. Council Member Hedges reiterated his motion as follows: modify the decision of the Planning Commission, and approve the application in Revised Exhibit A with the following changes: 1) delete Condition #4; 2) in Condition #7, delete "until 8:00 p.m. and 3 performers after 8:00 p.m. "; 3) in Condition #8, delete "at his or her discretion "; 4) in Condition #12, begin the sentence with "the Planning Director may require ", and delete the language after the comma; 5) change the language to require that potential owners or assignees are notified prior to sale, not after, and in writing; 6) add a condition that states that physical barriers be designed, installed and maintained around the patio area for the purpose of minimizing potential for noise heard at or on residences on Lido Isle, and that such barriers shall be designed to insure compliance with the noise ordinance; 7) add a condition that states that only recorded background music is allowed on the patio area, and that such music must be in compliance with the noise ordinance; 8) add a condition that states that no bar, either permanent or portable, shall be allowed on the patio; 9) add a condition that the patio shall be closed to use by patrons or employees of the business at 9:00 p.m. Sunday through Thursday, and 10:00 p.m. Friday and Saturday; 10) add a condition that the patio is to close for the evening upon a founded complaint verified by the Police Department, and if the patio is not closed, the violation will be referred to the Planning Department for action on the use permit; and, 11) add a condition that no special events which make use of the outdoor patio shall be allowed after 9:00 p.m. daily. The motion carried by the following roll call vote Ayes Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Noes: None Abstain: None Absent: None 28. UPDATE RE: FLETCHER JONES LIGHTS. Assistant City Manager Wood stated that she felt staff has made progress on the issue since the last time it was brought before the City Council, however Volume 51- Page 604 INDEX Fletcher Jones Motorcars C -3067 (38) t City of Newport Beach City Council Minutes January 26, 1998 staff still has an outstanding. issue with compliance of the mitigation measures and conditions of approval regarding reflection of the interior lights. Additionally, the neighbors still feel that something should be done about the reflection of the exterior lights. She apologized for a lack of communication, resulting in representatives from Fletcher Jones not being present at the current meeting. Assistant City Manager Wood added that Fletcher Jones is still considering some additional alternatives to deal with the issue of the interior lighting. She recommended that the matter be continued for one month to the second meeting in February. Carol Hartman, 414 Plata, stated that the issue is not resolved, and she plans to return when the matter is brought back to the City Council. Carol Boice, 2945 Catalpa Street, stated that she feels that they've made great progress by working with Assistant City Manager Wood. Ms. Boice stated that she'd like to see work begin on the daylight issue. She stated that there is a problem with the reflection and glare off of the cars, and the exterior of the building. She presented some photos showing her suggestions for improving the landscaping in the area. She said that she understood one area of landscaping improvement would be on City property, and another is on the Fletcher Jones' property. Ms. Boice would like to be involved when the landscaping decisions are made. Council Member Glover stated that other areas in Newport Beach could also use a landscaping makeover. She requested that this one not be done without giving the other areas consideration. Motion by Mayor Edwards to receive and file the report, and continue the item to the City Council meeting of February 23, 1998. Without objection, the motion carried by acclamation. CURRENT BUSINESS 29. ORAL UPPER BAY DREDGING UPDATE. Mayor Edwards received confirmation from City Manager Murphy that there was no new information to report. Mayor Edwards asked for questions from the council members. Seeing none, City Manager Murphy suggested that this item, as well as the Airport Update item, be moved to the Consent Calendar on future City Council meeting agendas. Mayor Edwards agreed, and stated that the item would be received and filed. Mayor Edwards acknowledged the following representatives: Congressman Cox, Senator Johnson, Assemblywoman Brewer, Supervisor Wilson, Former - Supervisor Bergeson, Secretary Wheeler and Ms. Shafer. 30. ORAL AIRPORT UPDATE. City Attorney Burnham stated that members of the Orange County Regional Airport Authority (OCRAA), including Council Member Glover, would be traveling to Washington D.C.. Additionally, that the County released Volume 51 - Page 605 INDEX No report. No report. I I City of Newport Beach City Council Minutes January 26, 1998 information from their airspace experts that commercial flights out of El Toro could be conducted efficiently and safely. Lastly, City Attorney Burnham stated that American Airlines wrote a letter confirming that commercial aircraft could depart to the east on Runway 07. Mayor Edwards requested the report be received and filed. 31. BONITA CANYON UPDATE. Mayor Edwards reported that in early January, he received calls from the City of Irvine alleging actions by the City of Newport Beach to interfere with the annexation of El Toro MCAS by the City of Irvine. Mayor Edwards has since met with representatives from the City of Irvine to clarify that the City of Newport Beach is not intending to interfere with the City of Irvine's annexation efforts. Motion by Mayor Edwards to authorize the Mayor to send a letter to City of Irvine Mayor Shea confirming that the City of Newport Beach has no policy, or intent, to impede the City of Irvine's annexation efforts. Without objection, the motion carried by acclamation. MOTION FOR RECONSIDERATION - None ADJOURNMENT - 10:20 p.m. +r�+r+r+rr� *tt *aa *s: trr *x�* xraxrtrt* The agenda for the Regular Meeting was posted on January 21, 1998 at 3:46 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. /\ Volume 51 - Page 606 Iz Bonita Canyon Annexation (21)