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HomeMy WebLinkAbout05/10/1999 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 10, 1999 - 7:00 p.m. INDEX STUDY SESSION - 4:00 p.m. [Refer to separate minutes] CLOSED SESSION - 6:00 p.m. CLOSED SESSION REPORT PRESENTED Pursuant to G.C. §54957.1, Mayor O'Neil reported that the final settlement for the consolidated Irvine Avenue cases, entitled Townsend vs. City of Newport Beach, et. al. (Case No. 794047), were settled without requiring the City to pay any money to any party. Pursuant to G.C. §54957.1, Mayor O'Neil reported that the final settlement for a Writ of Mandate action that was approved in Closed Session on April 26, 1999, for Quail Business Center Owners' Associations vs E.J. Holtze Corporation and the City of Newport Beach was settled without requiring the City to pay any money to any party. • RECESSED AND RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Adams, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: Glover (excused) Pledge of Allegiance - Council Member Noyes. Invocation by Pastor Glenn Rouse of Newport -Mesa Christian Center. Mayor O'Neil announced that City Manager Bludau has been on board since last week and that this is his first official City Council meeting. City Manager Bludau stated that it is good to be sitting at the dais after sitting in the audience for the past three meetings. Bob Traeger, Huntington Beach Community Clinic, invited everyone to the 7th Annual Duck- A -Thon on Saturday, May 15 at the Huntington Beach Pier; and presented Mayor O'Neil with a racing kit consisting of a Newport Beach scroll, a rubber duck, and decorating decals for the rubber duck. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM): • In response to Council Member Ridgeway's question on how to proceed with the Performing Arts Theater Foundation's request that the City co- sponsor a 5K Volume 52 - Page 466 City of Newport Beach City Council Minutes May 10, 1999 . Race in Balboa on October 16 or October 23, City Attorney Burnham stated that INDEX an item can be put on an agenda announcing the event and someone can request that Council approve co- sponsorship of the event. • Mayor O'Neil reported that Council Member Adams, Council Member Ridgeway, and he attended a ceremony last Saturday at Castaways Park in which a California Live Oak was planted in honor of Jean Watt receiving the Frank and Francis Robinson Environmental Award. The tree was donated by Stop Polluting Our Newport (SPON). CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR (STUDY SESSION) AND REGULAR MEETING OF APRIL 26, 1999. 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. Item removed from the Consent Calendar at the request of a member of the audience. • ORDINANCES FOR INTRODUCTION 4. ADOPTION OF THE FIRE CODE. Introduce Ordinance No. 99 -13 Ord 99 -13 Amending Title 9 of the NBMC to adopt 1998 California Fire Code and pass Fire Code to second reading on May 24, 1999. (41/53) 5. ADOPTION OF THE BUILDING CODES. Introduce Ordinance Ord 99 -14 No. 99 -14 Amending Chapters 15.02, 15.03, 15.04, 15.05, 15.06, 15.08, 15.09 Adoption of and 15.10 of Title 15 of the NBMC to adopt the 1997 Edition of the Uniform Building Code Administrative Code, the 1997 Edition of the Uniform Housing Code, the (26/53) 1998 Edition of the California Building Code, the 1998 Edition of the California Mechanical Code, the 1998 Edition of the Electrical Code, the 1998 Edition of the California Plumbing Code, the 1997 Edition of the Uniform Swimming Pool, Spa and Hot Tub Code, and the Excavation and Grading Code; and pass to second reading on May 24, 1999. 6. ORDINANCE NO. 99 -15 AMENDING SECTION 1.08.055 OF CHAPTER Ord 99 -15 1.08 OF THE NBMC PERTAINING TO APPOINTMENT OF HEARING Hearing Officer OFFICER. Introduce ordinance and pass to second reading on May 24, 1999. Amendment (53) CONTRACTS AND AGREEMENTS • 7. MACARTHUR BOULEVARD WIDENING - SEGMENT 2, C- 2825(x) CONSTRUCTION OF SOUND WALLS FOR CONTRACT NO. 2825(K) - MacArthur Blvd. COMPLETION AND ACCEPTANCE. Accept the work; authorize the City Widening Volume 52 - Page 467 • City of Newport Beach City Council Minutes May 10, 1999 Clerk to file a Notice of Completion; and authorize tI the bonds 35 days after the Notice of Completion accordance with applicable sections of the Civil Code. City Clerk to release has been recorded in 8. MARINERS LIBRARY ROOF REPLACEMENT - AWARD OF CONTRACT (C- 3241). Approve the plans and specifications; award C -3241 to Long Beach Roofing, Inc. for the total bid prim of $43,624.80 for Alternate "A" and authorize the Mayor and the City Clerk to execute the contract; and establish an amount of $2,375 for Alternate "A" to cover the cost of unforeseen work. 9. LEASE AGREEMENT WITH THE BALBOA ANGLING CLUB. Approve proposed lease. 10. RENEWAL OF CORONA DEL MAR FARMERS MARKET. Approve Third Amendment to Encroachment Agreement, which allows for annual renewal by the City Manager for up to ten (10) additional one -year terms. 11. PACIFIC PLAZA (BLOCK 800), NEWPORT CENTER. Approve a Professional Services Agreement with Bonterra Consulting of Costa Mesa for professional environmental services for a contract price of $51,510. 12. KOLL CENTER NEWPORT OFFICE PROJECT. Approve Professional Services Agreements with Lawrence Associates of San Juan Capistrano and • Keeton Kreitzer Consultants of Irvine for professional project management and environmental services. MISCELLANEOUS ACTIONS 13. PLANNING file. AGENDA FOR MAY 6, 1999. Receive and Motion by Mayor Pro Tem Thomson to approve the Consent Calendar, except for the item removed (3). Council Member Ridgeway noted for the record that he erroneously stated that the trees were to be planted at the Central Library when they were actually suppose to be planted at the Irvine Terrace Park (Agenda Item 16 of the April 26, 1999 regular meeting). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. RESOLUTION NO. 99-_ ESTABLISHING TWO -HOUR PARKING ON HAZEL DRIVE FROM THE ALLEY NORTH OF COAST HIGHWAY TO SECOND AVENUE. Paul Glowienke, 427 Hazel Drive, stated that the homeowners need to be • able to park in front of their homes and hoped that Council approves the 2 -hour time limit on Hazel Drive. Additionally, he reported that the residents are requesting that someone on Council make a motion to issue the Volume 52 - Page 468 `�ij (38) C -3241 Mariners Library Roof Replacement (38) C -1609; Balboa Angling Club (38) C -3143; Farmers Market Encroachment Agreement (38) C -3280 Pacific Plaza (38) C- 3281lC -3282 Koll Center (38) Planning (68) Restricted Parking Hazel Drive (85) City of Newport Beach City Council Minutes May 10, 1999 • nine homeowners on Hazel Drive residential parking permits. Motion by Council Member Ridgeway to approve the resolution establishing two-hour parking on Hazel Drive from the alley north of Coast Highway to Second Avenue; and issue residential parking permits to the nine homes on Hazel Drive. City Attorney Burnham confirmed Mayor O'Neil's statement that the issuing of permit parking cannot be included because it was not agendized. He indicated that this will need to be brought back at the next meeting. Noting that the parking permit issue might have been considered by the Traffic Affairs Committee, Mayor O'Neil wanted to know why they were not approved and suggested issuing them on a trial basis. He stated that he will accept the motion if the motion is to move it to the next meeting for consideration. Council Member Ridgeway amended his motion to direct staff to bring back a report at the May 24, 1999, meeting which includes issuing residential parking permits to the nine homes on Hazel Drive as a recommendation. Assistant to the City Manager Kiff reported that the Committee, under Police Department advice, believed that a two -hour parking limit without • residential parking permits would be the most straightforward way to deal with this. He indicated that issuing residential parking permits would entail needing more personnel and may cause other streets to request it. Mayor O'Neil stated that he would favor permit parking on a trial basis since this is a small street that is being impacted by many businesses. Council Member Debay noted that permit parking was discussed for the area near Hoag Hospital. She requested that a budget report be included in the staff report that shows what it would mean., manpower -wise, if other residential parking permits were instituted in other neighborhoods. Council Member Ridgeway noted that residential permit parking is effective in Redondo Beach and Manhattan Beach. He expressed the opinion that, if there is to be a trial basis of any kind, it should be with the parking permits. Council Member Adams expressed concern about permit parking growing in Corona del Mar and stated that the City needs to acknowledge that businesses and employees do need to park somewhere. He believed that, in writing the report, staff needs to consider what the ramifications would be if this were to spread in Corona del Mar. Mayor O'Neil believed that it is important that staff also point out the uniqueness of this area that separates it from the rest of the areas in the City. He indicated that the area near Newport - Harbor High School has • residential permit parking because there is a reason for it. Following discussion, it was determined that the area is out of the Coastal Volume 52 - Page 469 INDEX City of Newport Beach City Council Minutes May 10, 1999 . Zone and will not require the Coastal Commission to review Without objection, the amended motion carried by acclamation. issue. • Brad Dorfman, 2404 W. Oceanfront, expressed concern relative to the 24th Street volleyball court. Council Member Ridgeway stated that the other applicant, Charles Hartwell, phoned him today. He expressed the opinion that this is a matter that needs to be publicly aired and that the homeowners probably have some legitimate concerns. He stated that this item should probably be recalendared. Council Member Debay stated that she requested the report at the last meeting and indicated that she went to the volleyball court to observe the area and speak with those around the court. She stated that the charge that the 24th Street volleyball court was closer to the boardwalk than the other courts further down the beach was not true. Following discussion, Mayor O'Neil told Mr. Dorfman that he can request that this issue be placed on the agenda by sending correspondence to Council or by contacting his Council Member. • Pamela George and Faith Makowsky, 414 Hamilton Street, Costa Mesa, representing the Newport Club and Elegant Nails, stated that they have a petition requesting that the parking meters in front of the Newport Club (414 East 32nd Street) be changed from one -hour to two -hour meters. Ms. George indicated that all the Newport Club meetings last an hour to 1.5 hours and that participants leaving meetings to put coins in the :meters causes a disruption. She indicated that the same inconvenience is true for the patrons and employees of Elegant Nails. Mayor O'Neil stated that the best way to initiate the change would be to contact the City Manager's Office or the Traffic Affairs Committee. City Manager Bludau provided them with his business card. PUBLIC HEARINGS 14. VACATION AND ABANDONMENT OF A PORTION OF AVOCADO AVENUE LOCATED BETWEEN PACIFIC DRIVE AND WATERFRONT DRIVE IN THE CORONA DEL MAR AREA. Mayor O'Neil opened the public hearing. Susan and Gerald Ostrowsky, 413 Acacia Avenue, expressed opposition to any change to their charming neighborhood. They believed that widening the street or destroying the stone wall would be a waste of City money and that an easy solution would be to restrict parking. • Public Works Director Webb explained that the City does not anticipate widening Avocado Avenue or removing the stone wall. He stated that, in Volume 52 - Page 470 Res 99 -34 Vacation & Abandonment Avocado Avenue (90) City of Newport Beach City Council Minutes May 10, 1999 • exchange for the abandonment of 23 -feet of right -of -way, the Wheelers will provide the funding to construct a parking turnout across the frontage of two properties that will be in the parkway area. He explained that the Fire Department requested that corrections be made to the street because there is insufficient room for a fire vehicle or any large vehicle to make a circuit around the area when a vehicle is parked on that section of Avocado Avenue. This solution was worked out as a compromise since the residents were opposed to the proposed parking prohibition. He indicated that the proposal moves the curb back about five feet from the current walls. Council Member Debay provided the Ostrowskies with a copy of tl�e staff report. Terry Andrus, representing the Wheeler Family, stated that they support the recommendation in the staff report and that he is happy to answer any questions. There being no further testimony, Mayor O'Neil closed the public hearing. Motion by Mayor O'Neil to adopt Resolution No. 99 -34 ordering the vacation and abandonment of a portion of unused right -of -way along the westerly side of Avocado Avenue between Pacific Drive and Waterfront Drive, adjacent to 401 Avocado Avenue; and direct the City Clerk to have the Resolution recorded by the Orange County Recorder. Without objection, the motion carried by acclamation. • 15. AMENDMENT TO SECTION 20.65.040 (HEIGHT LIMITATION ZONES) OF TITLE 20 OF THE NBMC TO PLACE ALL PROPERTIES IN THE RESIDENTIAL - AGRICULTURAL (R -A) DISTRICT IN THE 32/50 FOOT HEIGHT LIMITATION ZONE [AMENDMENT 8871. Mayor O'Neil opened the public hearing. In response to Council Member Debay's question, Assistant City Manager Wood confirmed that this amendment only affects three residential properties off Mesa Drive. There being no further testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Debay to adopt Ordinance No. 99 -12. Without objection, the motion carried by acclamation. 16. AMENDMENT TO CHAPTERS 20.80 (SERVICE STATIONS), 20.03 (DEFINITIONS), AND 20.67 (SIGNS) OF TITLE 20 OF THE NBMC TO UPDATE LAND USE AND PROPERTY DEVELOPMENT REGULATIONS FOR SERVICE STATIONS [AMENDMENT 8851. Mayor O'Neil opened the public hearing. • Senior Planner Alford stated that this amendment represents the first comprehensive look at the City's service station regulations since they were adopted in 1972. He explained that this began as an initiative from the Volume 52 - Page 471 Ifzi7D" Ord 99- 12/PCA 887 Residential - Agricultural (R -A) District Height Limitations (53/94) Ord 99- 16/PCA 885 Service Stations (53/94) City of Newport Beach City Council Minutes May 10, 1999 • Economic Development Committee (EDC) and was overseen by a subcommittee consisting of Planning Commission and EDC members. The committee found that the existing regulations were antiquated and highly limited with regard to the types of permitted uses and activities. Mr. Alford reported that, with a use permit, service stations will be permitted to add convenience markets. Further, the amendment allows for an incidental and minor maintenance area; establishes a minimum land area; establishes new setbacks, landscaping standards, and sign standards; sets criteria for use permits; and includes updated zoning terms. Mr. Alford pointed out that there is a set of design review guidelines in the amendment, that does not include an architectural style review, to address the potential impacts the establishment may have to the visual quality and character of the community. Mr. Alford noted that the end to the ban on alcoholic beverage sales at service stations is one of the more serious consequences of the amendment. Currently, food and beverages can only be sold in vending machines and, since the State would not allow the sale of alcoholic beverages through a vending machine, there has been a defacto ban on their sales. By allowing the convenience markets and adding the 50 square foot public net area exemption, this ban would disappear. Mr. Alford believed that any issue can be addressed on a project -by- project basis with the regulations proposed to Chapter 20 and the procedures and standards established by the alcoholic • beverage outlet ordinance. Mr. Alford stated that the Planning Commission made a last minute revision to a provision regarding public restrooms but found that this conflicted with State law. Alternate language is proposed in the staff report. In response to Mayor O'Neil's questions, Mr. Alford confirmed that the City is not approving the sale of alcoholic beverages at all service stations by adopting the ordinance. Regarding the use permit, he stated that there is "double coverage" since the proposed ordinance and the alcoholic beverage outlet ordinance states that this type of use requires a use permit. In response to Council Member Adams' questions, Mr. Alford stated that this ordinance does allow for the construction of an AM/PM mini mart -type development as long as the minimum floor area for the convenience market is provided and the number of pumps and retail space meets the minimum land area criteria. He indicated that there are limitations on the types of equipment and products that can be displayed outside of the building. Council Member Adams stated that he was on the Planning Commission when this was discussed and that they were shown unsightly examples in which racks were creeping out the doors of the convenience stores. In response to Council Member Ridgeway's questions, Mr. Alford stated that the use of vending machines within the 50 square foot net public floor area is prohibited so that there is additional floor area within the structure for • selling items. He indicated that service stations are technically in violation of the code now by displaying items that are not in vending machines. Regarding design review guidelines for signs, Mr. Alford stated that Volume 52 - Page 472 INDEX City of Newport Beach City Council Minutes May 10, 1999 . limitations have been established relative to the quantity, size, and location of signs but not to its content. He indicated that the reason for having the size of the signs relate to the amount of building frontage was to keep the sign proportional to the size of the building, but a maximum size can be established if desired. There being no further testimony, Mayor O'Neil closed the public hearing. Council Member Adams stated that he is opposed to the amendment, explaining that he is not convinced that there is a need for this; that he has a problem with introducing design guidelines into the City; that the introduction of convenience markets will not be an asset to the community; and that he wants to preserve the defacto ban on alcohol sales at service stations. He believed that the tone of the staff report is to change the service station regulations so that the gasoline industry can do as they want. He noted that service stations having attached restaurants was a passing fancy and that he does not see anything wrong with keeping the status quo. Regarding the contention by the gasoline industry that no one wants to invest in gas stations, Council Member Adams noted that the gas station across the street from City Hall was completely renovated recently without the need for convenience markets or service bays. Council Member Ridgeway stated that he was also on the Planning Commission when the changes were not approved; however, he believed that • this ordinance goes a lot further than what was before the Planning Commission at that time. He expressed the opinion that there are adequate safeguards relative to alcohol, especially with the alcoholic beverage outlet ordinance. He noted that the City had 44 service stations at one time, but that there are now 17 in the City. Council Member Ridgeway expressed concern that the City will lose some of the service stations if changes are not made. He stated that there will soon be a flurry of gasoline company mergers in the next months, creating a need for the service station operators to augment their income. Noting that he has historically been opposed to design review guidelines, Council Member Ridgeway believed that the language in the ordinance is hardly a design review and that it will provide the City the ability to have first- class, quality service stations. Council Member Debay stated that the Planning Commission was also discussing this issue seven years ago when she was on the Commission. She indicated that she will support the amendment and noted that she has noticed the decline in the number of service stations and the high cost of gasoline in the City. She wondered if this has anything to do with the cost of the land in the City and the service stations having to keep mechanics on staff. Council Member Debay believed that the City will hardly end up with a "junk site" since there are so many conditions to meet in order to qualify for the use permit. Motion by Council Member Debay to introduce Ordinance No. 99 -16 and pass to second reading on May 24, 1999. • In response to Council Member Noyes' questions, Mr. Alford stated that the City has the ability to prohibit alcohol sales through the provisions in the Volume 52 - Page 473 INDEX City of Newport Beach City Council Minutes May 10, 1999 IIN11 11 • alcoholic beverage outlet ordinance, in addition to having the use permit applications evaluated on a case -by -case basis; the City can limit the hours that alcohol can be sold; and the City can limit the sale of single cans. Mayor Pro Tem Thomson stated that he is in favor of progress; however, expressed concern that this amendment may start a litter problem in the City. He stated that he is uncomfortable with having design review guidelines and believed that all concerns should be resolved before approving the amendment. He indicated that this was also discussed when he was on the Planning Commission and that they talked about selling the alcohol at ambient temperature so that they are not ready to drink as soon as the patrons leave the establishment. Regarding the decrease in the number of service stations in the City, Mayor Pro Tem Thomson believed that this makes them more competitive and takes up less land mass to serve the people. He stated that he will not support the amendment unless, and until, there are safeguards regarding the sale of alcohol. Referencing the Planning Commission minutes, Council Member Adams pointed out that the reduction of service stations in the City is no different than that of any other city, including those that allow convenience markets. He believed that there is no evidence that adding a convenience market will preserve or affect the number of gas stations in the City. Mayor O'Neil stated that he will support the motion for the same reasons as • Council Member Ridgeway. He believed that there are adequate safeguards built into the ordinance and that there are a lot of inconsistencies in the current service station regulations that need to be corrected. He indicated that he does not favor the sale of alcoholic beverages from services stations; however, stated that he cannot differentiate between driving into a service station for gas and then driving next door to a liquor store versus getting the alcohol at the convenience store at the service station. Mayor O'Neil did agree that it is bad to have more alcoholic beverage outlets perforate in the City, but believed that the industry is in a position where they need some of these uses to augment their income. Further, that this will be good for the City in the long run because the City will receive tax revenue from the sales. Council Member Noyes pointed out that the amendment is an intensification of use and warned those applying for the use permit that they will be under close scrutiny because of the many conditions involved. In response to Mayor Pro Tem Thomson's question, City Attorney Burnham confirmed that the City can legally limit the sale of alcohol in service stations and pointed out that this use also requires approval from the Alcohol Beverage Control (ABC). Noting that ABC is the ultimate authority, Mayor Pro Tem Thomson asked whose guidelines would be followed. Mr. Burnham stated that, even though ABC has their own regulations, the sale of alcohol at service stations will not be permitted if the City prohibits it. He indicated that ABC will recognize the City's legitimate and legal land use clause regarding alcohol. • With Council Member Adams and Mayor Pro Tem Thomson dissenting, the motion carried. Volume 52 - Page 474 • • • City of Newport Beach City Council Minutes May 10, 1999 17. ROWE RESIDENCE - 2231 PACIFIC DRIVE - AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION WHICH UPHELD THE DECISION OF THE MODIFICATIONS COMMITTEE, WHICH DENIED A REQUEST TO CHANGE CONDITION NO. 4 OF MODIFICATION NO. 4538 - THE CONDITION OF APPROVAL REQUIRES THAT USE OF AN ATTIC SPACE OVER A GARAGE BE LIMITED TO STORAGE ONLY, AND THAT THE STORAGE AREA IS NOT TO BE USED AS ADDITIONAL LIVING SPACE. THE APPLICANT IS REQUESTING THAT THE CONDITION OF APPROVAL BE CHANGED TO ALLOW THE AREA OVER THE GARAGE TO BE CONVERTED TO LIVING AREA AND USED AS A HOME OFFICE. Mayor O'Neil opened the appeal hearing. Motion by Mayor O'Neil to continue the item to May 24, 1999 at the request of the applicantlappellant's representative. Without objection, the motion carried by acclamation. MOTION FOR RECONSIDERATION -None. ADJOURNMENT -8:10 p.m. The agenda for the Regular Meeting was posted on May 5, 1999, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 52 - Page 475 INDEX Mod. Permit 4843 Appeal 2231 Pacific Drive Rowe Residence (94)