HomeMy WebLinkAbout06/08/1998 - Regular Meeting0 CITY OF NEWPORT BEACH
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City Council Minutes
Regular Meeting
June 8, 1998 - 7:00 p.m.
- None
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Hedges, Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards
Absent: None
Pledge of Allegiance - Council Member Noyes.
Invocation by Design Engineer Lloyd Dalton.
Proclamation Declaring June 16 -21, 1998, as "U.S. Cup at Newport Beach
Water Polo Week." In the absence of a representative from the U.S. Cup, the
Mayor gave the proclamation to the City Clerk for presentation at a later date.
MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A
FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON-
Council Member Glover requested that a report be presented to the City
Council at a future meeting regarding the City's new tree policy. The report
should include how many trees have been cut down and how many trees
have been replaced since the new policy went into affect, and how requests
for tree removal are handled and what is done to alleviate the problem
before removing the tree.
• Mayor Pro Tern O'Neil announced that the Corona del Mar 5K, held June 6,
1998, was well organized and extremely successful.
• Council Member Debay announced the West Newport Community Pride
meeting to be held on June 24, 1998, at 7:00 p.m.
• Council Member Thomson announced the U. S. Cup Water Polo Tournament
to be held at the Marian Bergeson Aquatic Center, June 16 - 21, 1998.
• Mayor Edwards announced the tennis matches coming to the Palisades the
week of June 15, 1998.
• Mayor Edwards congratulated Principal Don Martin on Corona del Mar
High School being honored as one of the outstanding high schools in the
nation.
Volume 52 - Page 58
INDEX
City of Newport Beach
City. Council Minutes
• June 8, 1998
INDEX
CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES. OF THE SPECIAL AND REGULAR MEETINGS OF
MAY 26, 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.
ORDINANCE FOR INTRODUCTION
3. ORDINANCE NO. 98 -13 AMENDING SECTIONS 17.24.010 AND
Ord 98 -13
17.24.050 OF THE NBMC PERTAINING TO PERMITS FOR BEACH
Beach Excavation/
EXCAVATION AND APPEAL PROCEDURES FOR HARBOR
Harbor Permits
PERMITS. Introduce the Ordinance and pass to second reading on June 22,
(51)
1998; and approve amendment to City Council Policy H -1.
ORDINANCE FOR ADOPTION
• 4. Removed from the Consent Calendar at the request of Steven
Silverstein.
RESOLUTIONS FOR ADOPTION
5. RESOLUTION NO. 98 -37 REGARDING THE 1998 WEED
Res 98 -37
ABATEMENT PROGRAM. Adopt the Resolution declaring that weeds and
Weed Abatement
other nuisances exist and schedule a public hearing for July 13, 1998,
(41)
regarding their abatement.
6. RESOLUTION NO. 98 -38 REGARDING THE FOURTH OF JULY
Res 98 -38
STREET CLOSURE. Adopt the Resolution authorizing the temporary
July 4 Street
closure of Seashore Drive, Newport Boulevard, and Balboa Boulevard, and
Closure
selected feeder streets.
(85)
7. Removed from Consent Calendar at the request of Mayor Pro Tern
O'Neil.
8. RESOLUTION NO. 98 -_ REGARDING THE CITY FEE SCHEDULE.
Resolution
Continued to June 22, 1998, at the request of staff.
Fee Schedule (40)
CONTRACTS AND AGREEMENTS
9. NOTICE OF COMPLETION - UTILITIES YARD SITE AND
C- 3004 -DD
BUILDING IMPROVEMENTS - PHASE II (C- 3004 -DD). Accept the
Utilities Yard
• work; authorize the City Clerk to file a Notice of Completion; and authorize
Site & Building
Volume 52 - Page 59
City of Newport Beach
City Council Minutes
• June 8, 1998
the City Clerk to release the bonds 35 days after the Notice of Completion
INDEX
Improvements
has been recorded with applicable portions of the Civil Code.
(38)
10. AWARD OF CONTRACT FOR THE 1997 -1998 SLURRY SEAL
C -3188
(C- 3188). Approve the plans and specifications; award the contract to Roy
Slurry Seal
Allan Slurry Seal, Inc. for the total bid price of $193,260.00 and authorize
(38)
the Mayor and the City Clerk to execute the contract; and establish an
amount of $19,236.00 to cover the cost of materials testing and additional
work.
11. AWARD OF CONTRACT FOR THE 1997 -98 SIDEWALK, CURB AND
C -3201
GUTTER REPLACEMENT (C- 3201). Approve the specifications and work
Sidewalk, Curb
schedule; award the contract to West Coast Construction for the total bid
and Gutter
price of $77,825.00 and authorize the Mayor and the City Clerk to execute
Replacement
the contract; establish a construction reserve in the amount of $7,800.00 for
(38)
materials testing and unforeseen work.
12. AWARD OF CONTRACT FOR THE GALAXY DRIVE PARK
C -3196
REHABILITATION (C- 3196). Approve the specifications; award the
BA -070
contract to J.D.C. Inc. for the total bid price of $23,212.50 and authorize the
Galaxy Drive
Mayor and the City Clerk to execute the contract; establish a construction
Park
contingency in the amount of $2,300.00 for materials testing and unforeseen
Rehabilitation
work; and authorize a budget amendment (BA -070) to transfer funds in the
(38/40)
amount of $25,600.00 from account number 3170 -8080 to account number
•
7015- C3170424, Galaxy Drive Park.
13. AWARD OF CONTRACT FOR THE SEISMIC RETROFIT OF LIDO
C -2804
ISLE BRIDGE AND NEWPORT ISLAND BRIDGE (C- 2804). Approve
Seismic Retrofit
the plans and specifications; award the contract to Peterson -Chase and
of Lido Island &
authorize the Mayor and the City Clerk to execute the contract; authorize a
Newport Island
$50,000 construction reserve amount for materials testing and unforeseen
Bridge
work; and approve a construction management agreement with Dokken
(38)
Engineering and authorize the Mayor and the City Clerk to execute the
agreement.
14. AWARD OF CONTRACT FOR THE CORONA DEL MAR ALLEY,
C -3191
SEWER, AND WATER MAIN (C- 3191). Approve the plans and
BA -075
specifications; award the contract to Gillespie Construction, Inc. for the total
Corona del Mar
bid price of $791,418.75 and authorize the Mayor and the City Clerk to
Alley, Sewer, &
execute the contract; establish construction reserves in the various accounts
Water Main
that total $79,000.00; and authorize a budget amendment (BA -075) to
(38/40)
transfer funds in the amount of $81,437.50 from Wastewater Fund balance
to account number 7532- C5600292, Sewer Pump Station Improvement
Program.
15. LEASE AGREEMENT WITH NEWPORT HARBOR LAWN BOWLING C -1581
ASSOCIATION (C- 1581). Approve the lease agreement for the Newport Lawn Bowling
• Harbor Lawn Bowling Association's use of that portion of the San Joaquin (38)
Hills Park devoted to the sport of lawn bowling.
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City of Newport Beach
City Council Minutes
• June S, 1995
16. ADDENDUM TO CSDOC COOPERATIVE AGREEMENT (C -2886)
INDEX
C -2886
FOR LIDO PUMP STATION (ARCHES). Approve Addendum No. 1 to
BA -071
the Cooperative and Reimbursement Agreement with the County Sanitation
Lido Pump
Districts of Orange County relative to design of the Lido Sewage Pump
Station
Station replacement and authorize the Mayor and City Clerk to execute the
(38/40)
Addendum; approve Amendment No. 5 to the Consultant Agreement with
Moffatt and Nichol Engineers for final design of the Arches Interchange
Improvements expanding the scope of services and increasing the
compensation by $100,000.00 for design of the Lido Sewage Pump Station
replacement; authorize a budget amendment (BA -071) to adjust revenue to
the Contribution Fund in the amount of $100,000.00 to compensate Moffatt
and Nichol Engineers for the Lido Sewage Pump Station replacement design
and appropriate the same amount in account number 7251- C5100199 as the
City will receive future reimbursement from the Orange County Sanitation
Districts in the same amount.
17. PROJECT MANAGEMENT SERVICES AGREEMENT WITH GAIL P.
C -2825
PICKART, P.E. FOR MACARTHUR BOULEVARD WIDENING AND
C -2886
ARCHES INTERCHANGE IMPROVEMENTS (C -2825 AND C- 2886).
BA -074
Approve Amendment No. 1 to Professional Services Agreement with Gail P.
MacArthur Blvd
Pickart, P.E. for MacArthur Boulevard Widening, Segment 2, Project
Widening & Arches
Management Services and authorize the Mayor and the City Clerk to
Interchange
• execute the amendment; and approve Amendment No. 1 to the Professional
Improvements
Services Agreement with Gail P. Pickart, P.E. for Newport Boulevard and
(38/40)
Coast Highway "Arches" Interchange Improvements project management
services and authorize the Mayor and the City Clerk to execute the
amendment; authorize a budget amendment (BA -074) to: a) transfer funds in
the amount of $19,800.00 from account number 7181- C5100071 (Gas Tax
Project Management) to account number 7181- C5100066 (MacArthur
Boulevard Widening) and $19,800.00 from account number 7286- C5100072
(Measure M Project Management) to account number 7281- C5100066
(MacArthur Boulevard Widening), and b) transfer funds in the amount of
$12,150.00 from account number 7181- C5100071 (Gas Tax Project
Management) to account number 7181 - 051000199 (PCH/Newport
Boulevard) and $12,150.00 from account number 7181- C5100072 (Measure
M Project Management) to account number 7181- C51000199 (PCH /Newport
Boulevard).
MISCELLANEOUS ACTIONS
18. PLANNING COMMISSION AGENDA FOR JUNE 4, 1998. Receive and
Planning (68)
file.
19. UNSCHEDULED VACANCIES ON THE PARKS, BEACHES AND
Commission
RECREATION COMMISSION AND CITY ARTS COMMISSION. Accept
Vacancies
resignation of Malcolm Dunn (Parks, Beaches & Recreation Commission)
(24)
effective May 25, 1998, and Mary MacIntyre Hamilton (City Arts
•
Commission) effective May 13, 1998; waive noticing and appointment
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City of Newport Beach
City Council Minutes
• June 8, 1998
requirements pertaining to unscheduled vacancies as outlined in City
Council Policy A -2; and confirm the direction provided by the Ad Hoc
Appointments Committee to incorporate the appointment for these two
vacancies with the appointments to fill the scheduled vacancies.
20. APPOINTMENT OF BOARD MEMBER TO ORANGE COUNTY -CITY
HAZARDOUS MATERIALS EMERGENCY RESPONSE AUTHORITY.
Appoint Fire and Marine Chief Tim Riley to represent the City of Newport
Beach on the Board of Directors for the Orange County -City Hazardous
Materials Emergency Response Joint Powers Authority; and appoint Deputy
Chief Tom Arnold as the alternate member.
21. APPROVE BUDGET AMENDMENT (BA -072) FOR THE
REPLACEMENT OF A HEAVY -DUTY HOIST IN THE AUTOMOTIVE
SHOP AT THE CITY CORPORATION YARD. Approve the transfer of
$45,000 from the Equipment Replacement Fund Reserves.
22. Removed from the Consent Calendar at the request of Council
Member Hedges.
23. DISBURSEMENT OF BALBOA RUN FOR CLEAN WATER
PROCEEDS. If desired, approve the disbursement of $7,651.04 proceeds
• from the 1997 Balboa Run for Clean Water as follows: $3,825.52 to the
Surfrider Foundation and $3,825.52 to the Newport Harbor Area Chamber of
Commerce for Clean Harbor Day.
24. PARTICIPATION IN "CAL COAST"- A COALITION OF CALIFORNIA
COASTAL CITIES. Join CalCoast with a dues membership of $500 in FY
1998 -99; direct the Mayor to select a member of the City Council to
participate on the Board of Directors of CalCoast should the organization so
request Board -level participation; and state the City's intent that the
CalCoast organization include among its goals the long -term preservation of
the OCS moratorium.
25. MEASURE M ELIGIBILITY REQUALIFICATION FOR FISCAL YEAR
1998 -99. Adopt the Seven -Year Capital Improvement Program; adopt
Resolution No. 98 -40 pertaining to the status of the City's Circulation
Element and affirming that there has been no unilateral reduction in lanes
on any Master Plan of Arterial Highways street during fiscal year 1997 -98;
and direct staff to submit the adopted Capital Improvement Program, and
the Maintenance of Effort certification to the Orange County Transportation
Authority to satisfy the eligibility provisions for the Measure M and the
Congestion Management Programs.
26. Removed from the Consent Calendar at the request of Council
Member Glover.
• 27. Removed from the Consent Calendar at the request of Council
Member Debay.
Volume 52 - Page 62
INDEX
OC -City
Hazardous
Materials
Emergency
Response
Authority (41/54)
BA -072
Hoist
Replacement
(40/44)
Balboa Run
Proceeds
(40/62)
Cal -Coast
(51/61)
Res 98 -40
Measure M
(74)
City of Newport Beach
City Council Minutes
• June 8, 1998
531. BALBOA BOULEVARD/NEWPORT BOULEVARD MERGER - AWARD
OF PROFESSIONAL SERVICES AGREEMENT. Authorize Mayor and
City Clerk to execute a Professional Services Agreement
(C -3214) with Parsons Transportation Group, Inc. for the preparation of a
Circulation Study for the merger of Balboa Boulevard and Newport
Boulevard.
532. OUTLINE OF LEASE TERMS WITH JAMES RATKOVICH &
ASSOCIATES FOR TIDELANDS ASSOCIATED WITH LIDO MARINA
VILLAGE. Review and approve the outline of proposed terms for a long-
term lease; and instruct the City Attorney to prepare the lease agreement
and return for City Council action.
Motion by Mayor Pro Tern O'Neil to approve the Consent Calendar,
except for the items removed (4, 7, 22, 26 and 27). Without objection, the
motion carried by acclamation.
ITEMS REMOVED FROM THE CONSENT CALENDAR
4. ORDINANCE NO. 98 -12 APPROVING AN AMENDMENT TO TITLE 20
OF THE MUNICIPAL CODE TO ESTABLISH REGULATIONS
• RELATING TO THE OPERATION OF RETAIL ALCOHOLIC
BEVERAGE OUTLETS [PLANNING COMMISSION AMENDMENT
NO. 869].
Steven Silverstein, 1851 E. 1st St., #1050, Santa Ana, stated that he has been
working with staff and feels that tremendous improvements have been made
to the ordinance. Mr. Silverstein stated that he is still concerned, however,
about the two bars that have been singled out by the term "non -use-
permitted alcohol establishments ", the Balboa Saloon and the Stag Bar. Mr.
Silverstein concluded by saying that he is in agreement with the Police
Chiefs memorandum and the statistics that have been provided, but he feels
that existing establishments without a use permit are being targeted.
Council Member Hedges confirmed with Assistant City Manager Wood that
there are several establishments on the peninsula operating without a use
permit and that the ordinance does not exclude bars that call themselves
restaurants. Assistant City Manager Wood further stated that the ordinance
is written to include all alcohol beverage - serving establishments, whether or
not the alcohol is sold for consumption on the premises.
Lynne Anthony- Campbell, owner of the Quiet Woman restaurant, began by
saying that she is operating without a use permit and does not feel that her
business is being targeted. Ms. Campbell referred to her letter of June 1,
1998, addressed to Mayor Edwards, and stated her understanding of the
residents' desire to live in neighborhoods free of late night nuisances. Ms.
• Campbell feels that there needs to be a clear definition on how a direct link
between a patron and an establishment can be made.
Volume 52 - Page 63
INDEX
C -3214
Balboa Blvd/
Newport Blvd
Merger
(38)
C -3216
Tidelands/
Lido Marina
Village
(38)
Ord 98 -12
Alcohol Beverage
Outlets
PCA 869 /Zoning
(94)
City of Newport Beach
City Council Minutes
• June 8, 1998
CJ
•
INDEX
Motion by Mayor Pro Tem O'Neil to accept the language and adopt the
Ordinance.
The motion carried by the following roll call vote:
Ayes Hedges, Debay, O'Neil, Noyes, Glover,
Mayor Edwards
Noes: None
Abstain: Thomson
Absent: None
7. RESOLUTION NO. 98 -39 REGARDING THE RECYCLING
Res 98 -39
SURCHARGE.
Recycling
Surcharge (44)
Mayor Pro Tem O'Neil stated that a resident in his district asked for an
explanation as to why the recycling surcharge is going from $1.28 per month
to $2.10 per month.
City Manager Murphy responded that when a new agreement was
negotiated with the recycling contractor; CRT, the City Council approved the
resulting savings to be passed on to the recycling customers. The savings
were actually being paid back to the customers through a reduced rate
during 1997 -98. The 1998 -99 rate is being reset to reflect the actual cost of
the recycling service for the upcoming year.
Mayor Pro Tem O'Neil confirmed with City Attorney Burnham that although
the refuse pick -up is performed at no charge to the residents, there is legal
authority to charge for the recycling service. Mayor Pro Tem O'Neil
requested that a copy of the legal opinion, written by the City Attorney
approximately six years ago, be provided to him.
Motion by Mayor Pro Tem O'Neil to adopt the Resolution authorizing the
recycling surcharge to be set at $2.10 per month per residential unit effective
July 1, 1998.
Council Member Hedges stated that he will be opposing the motion because
he feels that the recycling service should not be charged for at all, since it is
a part of the collecting, hauling and disposing of refuse.
The motion carried by the following roll call vote:
Ayes Debay, O'Neil, Noyes, Glover, Mayor Edwards
Noes: Hedges, Thomson
Abstain: None
Absent: None
22. APPROVE BUDGET AMENDMENT (BA -073) FOR EQUIPPING
BA -073
BEACH MARKETING PROGRAM VEHICLES.
Beach
Volume 52 - Page 64
City of Newport Beach
City Council Minutes
• June 8, 1998
Council Member Hedges asked about the amount of money that is saved
with the referenced vehicles. City Manager Murphy answered that $22,000
per year is saved for each year that there are no equipment maintenance
costs, and that the City is committed to the program for three years, with an
option for a second and third -year term. City Manager Murphy stated that
the $25,500 expenditure proposed at this meeting is to cover the cost of
accessories for the new vehicles. Some accessories will be transferred off of
the old vehicles, but not all are compatible with the new vehicles.
Motion by Mayor Pro Tern O'Neil to approve the budget amendment in
the amount of $25,500 to fund the purchase of equipment and contracted
setup for the eleven vehicles to be leased to the City as part of the Chevrolet
Beach Marketing Program.
The motion carried by the following roll call vote
Ayes
Debay, O'Neil, Noyes, Glover, Thomson,
Mayor Edwards
Noes:
Hedges
Abstain:
None
Absent:
None
is 26. BAYFRONT RESTAURANT REGULATIONS.
Council Member Glover asked for a clarification with regards to the
recommendation in the staff report about the restaurants and bars providing
private security service, but later stating that Bill Hamilton of the Cannery
Restaurant is not confident that the restaurants and bars will agree to this.
City Manager Murphy responded that the action before the City Council was
to add to the Budget Checklist the additional cost to the City in funding the
recommendations.
Motion by Council Member Glover to direct 'staff to require acoustical
studies for all new Bayfront restaurant development, additions or
intensification; and add the consideration of additional Code Enforcement
staff and Police overtime as part of 1998 -99 City Budget checklist to be acted
upon on June 22, 1998.
Don Gregory, 601 Lido Park Drive, a member of the subcommittee that made
the recommendations to the Environmental Quality Affairs Committee
(EQAC), stated that the recommendations were to all be enacted as a whole,
and not just parts of them. Mr. Gregory suggested that the subject be
reviewed further by EQAC until an entire set of recommendations can be
made that will be adhered to.
• Council Member Hedges asked Assistant City Manager Wood why a set of
recommendations was received from the joint subcommittee, and then later
Volume 52 - Page 65
INDEX
Program
(40144)
Bayfront
Restaurant
Regulations
(68)
City of Newport Beach
City Council Minutes
• June 8, 1998
input was asked of Mr. Hamilton. Assistant City Manager Wood responded
that, in preparing the staff report, she sought the latest input from a
representative of the restaurants in Cannery Village, where the pilot
program would take place. Assistant City Manager Wood stated that at the
subcommittee meeting, Mr. Hamilton spoke in support of the
recommendations, but that he was speaking only for himself and hadn't
received input from the other restaurants in the Cannery Village area.
Council Member Hedges confirmed that the City Council had previously
asked EQfAC to meet and make recommendations on the subject, that this
was done and provided in the staff report. Council Member Hedges asked
why a call was then made to Mr. Hamilton. City Manager Murphy stated
that given the recommendations, staff is trying to inform the City Council if
the restaurants and bars would carry them out.
Council Member Debay stated that she was prepared to go forward with the
action before the City Council tonight. Mr. Gregory confirmed that he would
support that, as a step in following all of the recommendations.
Mayor Edwards further clarified that the action before the City Council is
the part of the recommendation that the City can impose, and that the part
that the City can't impose is not before the City Council at this meeting.
• Council Member Noyes stated that he feels that the committee went further
than it was instructed to do, and that the action tonight deals with the initial
request.
Council Member Debay referenced a letter she received from Mr. Weinberg
addressing the tour boats that cruise the harbor, and if the noise from the
boats, while they are docked, can be regulated. It was confirmed that this
subject would be taken up in the future.
Without objection, the motion carried by acclamation.
27. UPPER NEWPORT BAY FUNDING UPDATE.
Assistant to the City Manager Kiff stated that it is expected that the current
dredging project will be fully funded by the State in the amount of $7.4
million. Additionally, a separate legislative item, an annuity bill, would set
aside $400,000 annually in the Fish & Game budget solely for use in the
Upper Newport Bay. A Federal appropriation is also making its way in the
Federal budget process for $1.5 million, to be directed to the U. S. Army
Corps of Engineers for use in the lower portion of the Bay.
Assistant to the City Manager Kiff confirmed that there are currently three
dredges working in the Bay, and that efforts are underway to designate a
site in the ocean, off of the Newport Pier, as a permanent dumping site for
• the dredged material. Currently, the site is being used on a temporary basis.
Volume 52 - Page 66
�`1 011)
Upper Newport
Bay Funding
(51)
City of Newport Beach
City Council Minutes
• June 8, 1998
Motion by Council Member Debav to receive and file report; and direct
staff to prepare a letter to the Assembly leadership on behalf of the annuity
bill (SB 1546, Johnson) and to Governor Wilson in support of the Upper
Newport Bay budget appropriation in the FY 1998 -99 State Budget (SB
1391, Thompson).
Mayor Edwards thanked Assistant to the City Manager Kiff, Congressman
Cox, Assemblywoman Brewer and Senator Johnson.
Without objection, the motion carried by acclamation.
PUBLIC COMMENTS
Curtis Herberts, 2290 Channel Road, provided an artist's rendering of a
Proposed Mayors Walk for Washington Street, between the Balboa Saloon
and the Fun Zone. Mr. Herberts stated that other names could be used such
as Balboa VIP Walk. He stated that he would like to see the idea started
and the area upgraded. Mr. Herberts estimates a cost of $30,000 to $35,000,
and was seeking the City Council's reaction to the item being placed on the
Budget Checklist.
Council Member Glover stated that she felt the idea was a good one. Mr.
• Herberts clarified that he is not planning to sell any of the bricks for the
walkway, and that he could fund the project for any amount over $35,000.
PUBLIC HEARING
28. PUBLIC HEARING REGARDING THE PRELIMINARY BUDGET
FOR THE 1998 -99 FISCAL YEAR, PURSUANT TO SECTION 1102 OF
THE NEWPORT BEACH CITY CHARTER, AND THE CITY'S
APPROPRIATION (GANN) LIMIT FOR THE 1998 -99 FISCAL YEAR,
PURSUANT TO ARTICLE 13B OF THE STATE CONSTITUTION.
City Manager Murphy introduced the item by saying that the City's 1998 -99
preliminary budget has been reviewed by the City Council at three study
sessions, and that the action at this meeting was to take public input on the
proposed budget as well as adopt the resolution to determine and establish
the appropriations limit.
Mayor Edwards opened the public hearing.
Hearing no testimony; Mayor Edwards closed the public hearing.
Motion by Council Member Glover to adopt Resolution No. 98 -41
determining and establishing an appropriations limit for fiscal year 1998 -99
in accordance with Article XIIIB of the California Constitution and
Government Code Section 7910.
• Without objection, the motion carried by acclamation.
Volume 52 - Page 67
INDEX
Res 98 -41
Budget/
Gann Limit
(40)
City of Newport Beach
City Council Minutes
• June 8, 1998
CURRENT BUSINESS
29. REQUEST TO CALL UP FOR REVIEW THE DECISION OF THE
PLANNING COMMISSION ON USE PERMIT NO. 3626 - J.P.'S OF
NEWPORT BEACH (Requested by Council Member Hedges).
Council Member Hedges stated that he requested this item be placed on the
agenda to have some discussion with the City Council on the direction of the
Via Lido Plaza and Lido Marina Village area, the requirements of the
businesses in the area and the overall parking situation. Council Member
Hedges stated that J. P.'s is just the latest example of trying to put a
bandaid fix on the area, rather than looking at the entire problem.
Mayor Pro Tem O'Neil agreed and added that J. P.'s is the anchor for the
Lido Marina Village. Mayor Pro Tem O'Neil stated that with another large
developer also interested in the area, he sees the opportunity to get the
major landowners involved in working with the City to resolve the problems.
Council Member Debay confirmed with Council Member Hedges that he
feels that J. P.'s use permit should be looked at as part of solving the parking
problem in the area, and not approved before doing so.
• Motion by Council Member Glover to set the public hearing to review
the project on June 22, 1998.
Council Member Glover agreed that the parking as a whole needs to be
looked at before approving a single use permit.
Jerry King, P.O. Box 7992, Newport Beach, stated his concerns about J. P.'s
having to go through the public hearing process on June 22, 1998. Mr. King
stated that he feels that the owners and tenants in the area should come
together to solve the overall parking problem, but that the use permit for
J. P.'s improves the situation and should not be held up. Mr. King repeated
his desire to work with the City.
Percy Hendler, 3450 Via Oporto, President of the Warehouse Restaurant,
stated that he could have come to the City and asked only for an increase in
interactive games, but it was decided to fully inform the City of the new
partnership. Mr. Hendler stated that he disagrees with the use permit being
held up.
Council Member Glover stated that she does not feel that the motion
penalizes the Warehouse Restaurant. Council Member Glover stated that by
looking at the entire area, she is hoping other tenants will not encounter the
same problems.
• Council Member Debay again asked Council Member Hedges if J. P.'s could
go ahead with its remodel and the parking situation be looked at separately.
Volume 52 - Page 68
INDEX
UP 3626
J.P.'s Restaurant
(68/88)
City of Newport Beach
City Council Minutes
• June 8, 1998
Council Member Hedges stated his opposition to that procedure.
The motion carried by the following roll call vote:
Ayes
Debay, O'Neil, Noyes, Glover, Hedges
Noes:
Thomson, Mayor Edwards
Abstain:
None
Absent:
None
30. BOARD AND COMMISSION VACANCIES - CONFIRMATION OF
NOMINEES.
Mayor Edwards stated that the Ad Hoc Committee, consisting of himself,
Council Member Noyes and Mayor Pro Tern O'Neil, met to select the
nominees for the Board and Commission vacancies. Mayor Edwards
summarized the available vacancies, and announced the nominees selected
by the Ad Hoc Committee as follows:
Board of Library Trustees (2 Vacancies - Jeffries and Lynch)
[4 Nominees]
Patrick Bartolic, Janet Hadley, Robert Knox and Catherine Saar-
• Kranzley.
City Arts Commission (2 Vacancies - Warzer -Brady and MacIntyre
Hamilton) [4 Nominees]
Arlene Cartozian, Roberta Jorgensen, Tom Staple and Patricia
Stark.
Civil Service Board - (1 Vacancy - Foster) [2 Nominees]
Robert Foster and Douglas Wood.
Parks. Beaches & Recreation Commission (3 Vacancies - Schonlau,
Phillips, and Dunn) [6 Nominees]
Marc Franklin, Robin Sinclair, Marilee Stockman, Thomas Tobin,
Charlene Turco and Nancy Vance.
Plannine Commission (1 Vacancy - Adams) [2 Nominees]
Garold Adams and Paul Watkins.
Motion by Mayor Pro Tern O'Neil to confirm the nominations and make
appointment on June 22, 1995.
• Without objection, the motion carried by acclamation.
Volume 52 - Page 69
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Board and
Commission
Vacancies
(24)
City of Newport Beach
City Council Minutes
• June 8, 1998
- None
ADJOURNMENT - 8:20 p.m.
The agenda for the Regular Meeting was posted on June 4, 1998, at
8:30 a.nL 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 June 5, 1998, at 3:30 p.m. on the City Hall
Bulletin Board located outside of the City of Newport Beach
Administration Building.
•
City Clerk
ID
Volume 52 - Page 70
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