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HomeMy WebLinkAbout04/24/1995 - Regular MeetingROLL CALL • Present Motion All Ayes Motion All Ayes • Motion All Ayes E CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING MINUTES INDEX PLACE: Council Chambers W W TIME: 7:00 P.M. i > w DATE: April 24, 1995 3 =U W x0Zg O J W ]SUC70 CLOSED SESSION - 5:00 p.m. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED: None RECESSED AT 6:50 P.M. RECONVENED AT 7:00 P.M. for regular meefina x x x x x x x ROLL CALL x Reading of Minutes of April 10, 1995, was waived, approved as written, and ordered filed. x Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. Phil Glasgow, Chairman of the Parks, Beaches & Recreation Commission, was presented with a five year TREE CITY USA AWARD by Forester, Linda Romero, from the California Department of Forestry and Fire Protection, on behalf of the National Arbor Day Foundation. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: • Council Member Edwards requested the City Attorney report back of the meeting of May 8, 1995 on his response to recent legislation pertaining to Adult Entertainment /Adult Businesses. • Council Member Edwards requested staff report back on May 8, 1995, regarding the feasibility of establishing a Memorial In recognition of Police Officer Robert Henry and any other officer that has been killed in the line of duty. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: None MATTERS WHICH A COUNCIL MEMBER HAS ASKED TO BE PLACED ON THE AGENDA FOR DISCUSSION /ACTION: x Motion was made by Council Member O'Neil to authorize the Mayor to direct a letter to Caltrans requesting that they reevaluate their design to remove crosswalks on Coast Highway at Dahlia, Iris, and Orchid Avenues in Corona del Mar. In response to question raised by Mayor Hedges, the City Attorney stated that the City would not incur any liability as a result of the above request. Volume 49 - Page 153 INDEX ROLL CALL Mon All Ayes • • CITY OF NEWPORT BEACH En Ord 95 -14 n to F M J Q F ¢ L, > w April 24, 1995 3 HCUgXOZ E PCA 818 qCE W:K W W O U J CONSENT CALENDAR X The following items were approved, except for those item removed: ORDINANCE(S) FOR INTRODUCTION Schedule for public hearing on May 8, 1995: 1. Report from Planning Department regarding: Proposed ORDINANCE NO. 95 -14, being, AN ORDINANCE OF THE CITY COUNCIL C THE CITY OF NEWPORT BEACH AMENDINi TITLE 20 OF THE NEWPORT BEACH MUNICIPA CODE BY AMENDING PORTIONS C DISTRICTING MAP NO. 4, SO AS 71 RECLASSIFY THE EASTERLY 114 FEET OF LOT i TRACT NO. 1117 AND LOTS 1197 -1200, TRAC NO. 907, FROM THE RSC -H DISTRICT TO TH GEIF 10.5/751 DISTRICT (PLANNIN COMMISSION AMENDMENT NO. 818); AND GENERAL PLAN AMENDMENT NO. 88.2(E1 - Reque to amend the Local Coastal Program Land U< Plan so as to redesignate the subject property froi "Retail Service Commercial" use to Governmentc Educational, and Institutional Facilities" use; an the acceptance of an Environmental Document; AND LOCAL COASTAL PROGRAM AMENDMENT NO. 36 Request to amend the Local Coastal Prograi Land Use Plan so as to redesignate the subje, property located at 3209 Via Lido, on it southwesterly corner of Via Lido and Via Malaf (St. James Episcopal Church) from "Retail Servic Commercial' use to "Governmental, Education( and Institutional Facilities" use. 2. Removed from the Consent Calendar. ORDINANCE(S) FOR ADOPTION 3. Removed from the Consent Calendar. SUPPLEMENTAL AGENDA ITEM 5. Removed from the Consent Calendar. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. AGENDA /ACTION BY THE PLANNING COMMISSIC DATED APRIL 20, 1995. Volume 49 - Page 154 MINUTES INDEX s ;t GPA 88 -2(E) e n t, d Ord 95 -14 n Zoning F (94) v L F T E PCA 818 ;t GPA 88 -2(E) e n t, d N 1 (68) LCPA 36 n St. James :t Episcopal Ch e a e d, N 1 (68) CITY OF NEWPORT BEACH MINUTES ROLL CALL A cc cc 3 Q¢WWOJ' W H ~P4QxoZ 3A2V(9O >- ¢ W c� W > W April 24, 1995 INDEX L x Motion was made by Mayor Hedges to schedule 1 e public hearings for May 22, 1995 for Use Permit No. _ 1581(A), Ken Poole (Hoofers Restaurant), 2406 and 2410 Newport Boulevard; and Use Permit No. 1758(A), Club H2O, Inc., (The Atlantis Club) 3380 Via Lido; remaining items received and filed. 3. Recycled memorandum from Public Works Ord 95 -12 Department/Traffic Engineering of April 10, 1995 Trfc /Parking recommending adoption of ORDINANCE NO. 95- (85) 12, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 12.44.027 TO THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING A NEIGHBORHOOD ENHANCEMENT RESERVE WITHIN THE GENERAL FUND. It was noted in the subject report, that the City Council may, by ordinance, establish Neighborhood Enhancement Areas and shall specify those parking meters located within each area which are to contribute to the Reserve. Fifty percent (50 %) of the gross meter fees collected from the designated meters shall be deposited in said reserve. Said reserve shall be used for • purposes of enhancing and supplementing services to the neighborhood in the general vicinity of the parking meters contributing to the fund and not supplanting existing services. Enhancements may be in the form of capital improvements, special services or extraordinary maintenance and shall include all expenditures necessary or convenient to accomplish said purposes. The area specified in this Ordinance is in West Newport, and designated as Parking Meter Zone 9. Tom Hyans, President, Central Newport Beach Community Association, addressed the Council and stated he would like to add another area to the proposed Ordinance, and suggested the following amendment: "B. 2. Area 'B' - Central Newport. This area bounded by 21st Street, Newport Bay, the Pacific Ocean and Coronado Street." The City Manager commented that if the • Ordinance is amended, then it would have to be re- introduced at this time. He also stated that prior to considering the above suggestion, he would like to determine what the fiscal implications are to the General Fund, which could be significant. otion x Motion was made by Council Member O'Neil to adopt Ordinance No. 95 -12 as presented, and that staff come back with a report based on Mr. Hyans remarks. Volume 49 - Page 155 CITY OF NEWPORT BEACH MINUTES ROLL CALL A C Q¢Wwo°? W 3g2UC70 ¢ N ' �J ' w April 24, 1995 INDEX In response to Mayor Hedges' request, Council Ayes Member O'Neil amended his motion to adopt Ordinance No. 95 -12 as presented, and that Mr. Hyans meet with Mayor Hedges on this Issue prior to any further Council action. Supplemental Aaenda Item 5. SPECIAL EVENT PERMIT - Report from Community Special Event Services Superintendent recommending approval Permit of the following application, subject to conditions (27 ) in the staff report: Application No. 95 -095 - Request to hold a 12 Apl 95 -095 hour relay to raise funds for the American Cancer Society, May 19 and 20, 1995 at Newport Harbor High School in Davison Stadium which includes utilizing the School District's stadium lights from 7 p.m. - 7 a.m. Motion x Council Member Glover stated that the proposed activity is in a residential area which she felt will be impacted by noise and lights inasmuch as the stadium lights would be on from 7 p.m. to 7 a.m. She also does not think the City should start a • precedent for overnight parties, and therefore, moved to deny the subject application. In response to question raised by Mayor Pro Tem Debay regarding the conditions imposed with this event, the City Manager stated that they have not been included with the subject report; however, if the application is approved, staff will follow -up to see that all the conditions are met. Matt Kolb, 511 W. Bay Avenue, Co-Chair of the proposed event, addressed the Council in support of their request for the following reasons: 1) they have contacted the residents at Oakwood Apartments, as well as other residents in the area, and they are in favor of the event; 2) the purpose of the function is to raise funds for the research and fight against cancer and to educate the youth in schools about this disease; 3) this is a new event, but it is being supported by many businesses in the communities of Corona del Mar, Costa Mesa and Irvine; 4) there will be no amplified music after 10 p.m., only the participants walking around the • track; 5) no alcohol or tobacco will be allowed; 6) this is a family oriented event, and people will be camping out on the in- field; and 7) they anticipate a maximum of 500 people at the event, and there is adequate parking. Volume 49 - Page 156 CITY OF NEWPORT BEACH MINUTES ROLL CALL rfi � Q¢wwooz W ~ MMM000 ¢ In W ' W � " W April 24, 1995 INDEX Dr. Warren Fong, Oncologist at Hoag Hospital, Apl 95 -095 addressed the Council in support of the subject request, and stated that in 1993, 1500 residents in the community were diagnosed with cancer at Hoag. He discussed the importance of cancer research, the work of the American Cancer Society, and educating people about the disease. Motion x Following consideration, substitute motion was made by Mayor Pro Tern Debay to approve the applicant's request for this Special Event, subject to the conditions recommended by staff, and with the request that the applicant caution the participants with respect to creating noise in a residential neighborhood. Council Member Edwards stated he will be supporting the substitute motion due to the fact that he does not think this activity would create any more noise than that of a football game held at the school; he noted that the lights at those events remain well past midnight, and because we are now into daylight savings, the lights would be • on only an additional five hours; all -night graduation parties have been held at the school with no complaints, and he does not think this request is asking too much of the community. Council Member Glover reiterated some her earlier remarks in opposition to this event stating she does not think it is fair to the residential area, and that it would set a precedent for future requests. Council Member Watt stated it is very difficult to turn down requests for philanthropic efforts, particularly in this context; however, this City is very popular for events, and if this application is approved, she agreed that it could set a precedent in this neighborhood. She therefore will not be supporting the substitute motion. In response to question raised by Mayor Hedges, Mr. Kolb stated that if this activity were held during daytime hours, it would "kill" the event inasmuch as they already have corporate underwriting for the activity in the amount of $15,000, and brochures have been printed with that agency's name. A# x x x x The substitute motion was voted on and carried. Noes x x x Volume 49 - Page 157 CITY OF NEWPORT BEACH MINUTES ROLL CALL v, c Q¢wWO L,�XQ=000 � � °? w April 24, 1995 INDEX PUBLIC HEARING(SI 4. Mayor Hedges opened the public hearing Utilities/ regarding UNDERGROUNDING UTILITIES IN BLOCK Undergr —Asmt 133, CORONA DEL MAR, BOUNDED BY FERNLEAF Dist 67 AVENUE, SEAVIEW AVENUE, GOLDENROD AVENUE (89) AND BAYVIEW DRIVE (PROPOSED ASSESSMENT DISTRICT NO. 67). Report from Public Works Department. The Public Works Director stated that on September 23. 1991, the proposed Assessment District No. 67 was initiated as a result of a petition signed by the owners of 57.8% of the assessable property. On February 13, 1995, the City Council accepted a preliminary Engineer's Report for the proposed District, adopted a Resolution of Intention to form the District, and set public hearings for April 24 and May 8, 1995. Action on the District will be taken after the second public hearing. The boundaries for this District are between Femleaf and Goldenrod Avenues and Seaview and Ocean Boulevard, and involve undergrounding the utilities in the alleys in these • areas. The total cost is estimated at $86,046.23. Each parcel receives the same benefit from the undergrounding of the overhead utilities except for four (4) parcels with frontages along Seaview Avenue (216 Femleaf Avenue, 2701, 2711 and 2731 Seaview Avenue). These parcels will receive credit because the overhead lines along their Seaview Avenue frontages will remain. The assessments for all parcels except the parcel with frontages along Seaview Avenue are equal and estimated to be $4,097.44. The number of protests as of this time is 52% against this Assessment District. Mackenzie Brown, Legal Bond Counsel, stated that if there still remains a written majority protest at the conclusion of the second public hearing on May 8, the proceedings shall be abandoned, unless there is a four - fifths vote by the City Council to overrule those protests based on public safety; however, written withdrawals can also be received anytime prior to the conclusion of that public hearing. The affected property owners have all been notified of their estimated individual assessments; pursuant to • State law, the costs and expenses for this Assessment District are to be allocated in accordance with the special and direct benefit that the land receives from the improvements; with utility conversions such as this project, and the other nine Assessment Districts the City has been involved in, the normal practice is that the cost is allocated based upon the parcels within the boundaries of the Assessment District. Volume 49 - Page 158 ROLL CALL • • CITY OF NEWPORT BEACH MINUTES N 3��gxoz M¢ W 3g2(�C70 W N W O > J N w April 24, 1995 INDEX In response to question raised by Council Member Utilities/ O'Neil regarding the assessment spread formula Asmt Dist 67 used for the Corona Highlands area, Mr. Brown stated that in the Assessment Engineer's attempt to take into consideration the usage of view, he made an analysis of the assessed values of the land only based upon the County's assessment records, and found that the lots located higher on the hill did have a higher value than the lots below, and consequently, he made the determination that the increase in assessed value in land only was because of the views from those parcels. Therefore, the Assessment Engineer made a recommendation using assessed values. John Freidrich, Assessment Engineer, stated that all parcels within the boundaries described, are receiving benefit from the improvements, and the assessments are being spread on a parcel basis, with the exception of the four (4) parcels as referenced by the Public Works Director's report. He stated they looked at a number of assessment methods, including front footage and area of parcels, as well as ocean views; however, they felt there was no tangible subjective way to relate ocean views to the type of improvement being funded. They looked at pre -Prop 13 values on this particular District and they could see no real relationship between ocean views and the value of property; they also felt that the courts would "throw this out" if they used views as a method of assessment and, therefore, they went back to the parcel method of equal assessment for equal benefit. Carter Wurts, 2700 Ocean Boulevard, representing the opponents, addressed the Council and stated they felt there are elements of this process that are unfair, and that many of the provisions in the Underground Utilities Act do not apply to their particular situation; the alleys throughout old Corona del Mar hide utility poles, wires, trash cans, etc., and are not seen from the front of the homes; the issue here is not flat land, but rather sloping land; properties rise as one goes up Fernleaf and Goldenrod as well as from Fernleaf to Goldenrod. Mr. Wurts showed some slides of the alleys in question, and stated they felt that only a few property owners will receive a major benefit from the improvements, and as a result, is it really worth it? He stated they want their views to be improved, but they want it to be fair in terms of how the property owners are assessed. He recommended the City Council reject this project until a better solution can be developed. Volume 49 - Page 159 CITY OF NEWPORT BEACH MINUTES ROLL CALL M Im ¢ c W3g2UC70 ¢ ¢ W N ' W ° � w ? April 24, 1995 INDEX Robert Walchli, 219 Goldenrod Avenue, Utilities/ • representing the proponents, addressed the Asmt Dist 67 Council and stated they support the project primarily because of aesthetics; this is the only alley in old Corona del Mar that has an ocean view the entire length of the alley, but blocked by the unsightly utility poles; Mr. Wurts enters his home from the front and does not see the condition of the alley on a daily basis, but to the majority of the other property owners, the alley is their entrance to their home; every property has a potential increase in value with the removal of the power lines; the homes within the proposed Assessment District are valued between $700,000 and $1,500,000 and the owners can certainly afford to pay for the improvements; a financial offering from some of the proponents was made to Mr. Wurts to insure his support of this project, but he refused to negotiate a settlement; this project had a majority of property owners in favor up until just the last week because of Mr. Wurts being so vocal; in closing, he urged the City Council to take his remarks under consideration. • Robert Scherer, 217 Goldenrod Avenue, addressed the Council and stated he was 100% behind underground utilities in Assessment District No. 67; utility poles are "ugly" and are presently being placed underground throughout the City; he will gladly pay $450 per year to pay for the improvements; underground utilities will not only improve the look of the alley, but will increase views; to oppose the undergrounding of utility wires in their area is to oppose burying wires throughout the City; underground utility wires are safer than overhead wires and decrease the risk of a service interruption from poor weather and exposure to salt air, live uninsulated wires put their homes at increased risk of fire damage; aesthetics and safety are just two of the reasons why developers are required by the City to place utilities underground for new projects; he also does not feel that it is fair for the property owners on one side of the street to entirely pay for the whole alley as felt by Mr. Wurts; in closing, he stated he will do his best to see what can be done to resolve this issue between now and May 8. • Baird Woolsey, 215 Goldenrod Avenue, addressed the Council in favor of this project and stated he supports how the assessments are being spread; however, since it seems as though this is the issue, he does not feel it is appropriate for the proponents to have to "bribe" an opponent in order to get this project approved, and he would hope the Council could find a way to make this a win -win situation for everyone. Volume 49 - Page 160 CITY OF NEWPORT BEACH MINUTES ROLL ¢ ¢ 'w' > w CALL Q¢WW wXMmUC70 °�? April 24, 1995 INDEX Sandy Beckman, 206 - 206 -1/2 Femleaf Avenue, utilities • addressed the Council in support of this project Asmt Dist 67 and stated she has no view amenity to gain, but would very much like to see the utility poles placed underground; she does not think the proposed assessments are that "outrageous," but does believe there is an unfair equity inasmuch as the Goldenrod side may indeed benefit more than the Femleaf side. Mayor Hedges stated that in general, underground utility projects do improve the neighborhoods in which the work is done; however, he has not been overly impressed with the dialogue presented during public testimony and he is hopeful that the opponents and proponents can reach some agreement within the next two weeks because no matter what decision the City Council takes in this regard, "the residents in this area are still going to have to live with each other." Council Member O'Neil stated that the formation or non - formation of this Assessment District is really in the hands of the landowners; he has tried to • meet with the parties involved and work this problem out at a time when he thought there was more flexibility in the State statutes and case law which could take into consideration some of the issues raised by Mr. Wurts with regard to views, inasmuch as he himself lives in an area of the City where that was taken into consideration; however, as Mr. Brown pointed out, the land values without homes on them in Corona Highlands were assessed differently because of pre -Prop 13 than the area included in Assessment District No. 67; if there is a majority protest on May 8th, this District will not be formed due to the fact that the formula used for the spread of assessments cannot be changed; however, if there is not a 51% protest, it would be his direction to go forward and form the proposed District. He noted that the City has invested between $15,000 and $20,000 in this Assessment District which will be lost if the District fails to proceed. Discussion ensued wherein Mackenzie Brown stated that one of the purposes for the public hearing is to consider whether or not the • assessments should be modified, and pointed out again, that an Assessment Engineer was hired to determine the formula for the assessments and has made a recommendation that has a basis which he feels will stand up in court. If the proposed Assessment District does go forward on May 8th, it will be on this year's tax rolls, but if the Assessment Volume 49 • Page 161 CITY OF NEWPORT BEACH MINUTES ROLL CALL Ul ¢ Q 1,,3g2uC90 '— Cc ¢ Ln 0 z ' N W April 24, 1995 INDEX Engineer could find a basis for modification, the Utilities/ • assessments would not go onto this year's tax rolls Asmt Dist 67 because of renotification to all property owners. In addition, overall costs would increase as well. To date, they cannot find a foundation to change the formula used for the assessment spread; views were considered to the same extent that was considered in the Corona Highlands area, but the Assessment Engineer could not make that same recommendation for the area in question, and he feels that recommendation is correct. Mr. Freidrich addressed the Council again and stated he took views into consideration at great length in determining the appropriate formula for the assessment spread, but he could not establish a link between views and benefit to land that would hold up in court; the difference between this area and Corona Highlands is that the views upon the terrace in Corona Highlands were basically parallel to the bay, whereas in the subject area, they are perpendicular; as you go farther up on Fernleaf, each one of those homes has a less view • of the ocean; it is incumbent upon him to make sure this District will hold up in court; and therefore, he supports his recommendation. Motion x Following further discussion, motion was made by All Ayes Council Member O'Neil to continue this public hearing to May 8,1995. PUBLIC COMMENTS Robert Small, 114 39th Street, addressed the Council regarding loud music emanating from balconies and decks in his neighborhood; he stated that the Police Department is aware of this nuisance, but it does not seem to get any better inasmuch as the music is "turned up" as soon as the Police Department leaves the scene; this situation has personally affected his family, and as a result, they are moving out of the area. Mayor Pro Tem Debay stated that she had visited Mr. Small's neighborhood and his comments are correct; she asked if there was something in the current noise regulations that prohibits music being played from • outdoor decks and balconies, to which the City Attorney replied in the negative. The City Attorney stated that he would review current provisions in the Municipal Code that relate to loud noise in residential areas generated by parties, etc. and report back. Volume 49 - Page 162 CITY OF NEWPORT BEACH MINUTES ROLL CALL P Cr WzPX000 } W a x W o' " z April 24, 1995 INDEX • Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the • Council and stated that in reference to Mr. Small's remarks, it was his understanding that if a person is willing to sign a complaint regarding loud noise, it can be taken to court. He also stated he felt it would be a good idea for police officers to have periodic psychiatric evaluations because of stress, and that consideration should be given to requiring some type of recording device be carried by police officers or installed in police vehicles similar to that used in airplanes. • George Brokate, 2705 Boyshore Drive, addressed the Council and expressed his opposition to the recently opened Mermaid topless bar, and the proposed expansion of the Hooters Restaurant; he felt that property values will decrease if these types of establishments are allowed; he also felt the primary responsibility of government is to protect its residents physically, as well as protection from evil influences, which can destroy people emotionally;.. he felt that more of the above - mentioned type businesses will open in the City if something is not done at this point; • he urged the Council to have the courage to fight this issue, in court if necessary, and uphold community standards; he also suggested that there be two police officers in each of the patrol cars during certain night- time hours. • Yvonne Riley, 223 Poppy Avenue, addressed the Council and also expressed her opposition to the new Mermaid topless bar, she stated she objects to businesses which condone or practice pornography; she felt the City needs to take an active part in shaping the community, and should be proud and protective of the commercial development around the airport. • Prior to adjournment, Mayor Hedges read the following statement into the record that Congressman Chris Cox had read into the Congressional record: "Today we honor a former police officer. On March 12, 1995 at approximately 4:00 a.m., Officer Bob Henry of the Newport Beach Police Department was shot in the head by a despondent and intoxicated male subject who shot himself as well. Officer Henry was in a coma for 33 days while • family, friends and the Community at large did their best to cope with the tragedy they had been dealt. Sadly, on April 13th, Officer Henry died with family and friends close by his side. Officer Henry had served with the Newport Beach Police Department for five years. He leaves behind his wife, Patty and their three small children, Bobby, age 6, Jenna, age 2 and Alyssa, who is only 10 weeks old. Officer Volume 49 - Page 163 ROLL CALL • 0 0 CITY OF NEWPORT BEACH MINUTES En 3 QQWW0-J, W F H 3G12000 ¢ M w W Q j 0 z April 24, 1995 IND Henry, a native Californian, loved being a police officer and serving the community. He and his family made the ultimate sacrifice on behalf of all of us. I request this information be entered into the Congressional record in honor of the slain officer and his family. Officer Henry was 30 years old." Meeting adjourned at 9:05 p.m., in memory of Police Officer Robert Henry. iiittttttttttttt4i44• The agenda for this meeting was posted on April 18, 1995, of 2:15 p.m., on the Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: City Clerk . ®� a C nom® Volume 49 - Page 164 IEX