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