HomeMy WebLinkAbout05/24/1999 - Regular Meeting0 CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
May 24, 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 — None
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil
Absent: None
Pledge of Allegiance - Mayor O'Neil.
Invocation by Pastor Warren Olson, Mariners Church.
• Presentation by Mayor O'Neil to Jerry Stewart, wife of the late T. Duncan
Stewart, a poet laureate for the City of Newport Beach in the 1970's. Mayor
O'Neil presented Ms. Stewart with a framed copy of The Happy Clapper, a poem
written by her late husband and one that Ms. Stewart did not have a copy of.
Presentation by Karen Evarts, President of the Newport Beach Sister City
Association. Ms. Evarts stated that the goal of the Sister City program is to create
greater international understanding through close communication and direct
contact. She stated that, in April, twenty -seven association members visited
Okasaki, Japan to celebrate the 15th Anniversary of their Sister City affiliation and
the 35th Anniversary of the Okasaki South Rotary Club. Ms. Evarts introduced
Wendell Fish, the founder of the Sister City Association in Newport Beach, and Scott
Paulsen, who provided a slide show highlighting the Association's recent trip to
Okasaki.
MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A
FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON -
DISCUSSION ITEM):
Council Member Glover stated that she is receiving correspondence and phone
calls regarding the cutting down of two trees at Broad & Westminster. She
announced that these trees were on private property so the City can take no
action on their removal.
• Council Member Glover invited the public to attend the New Arches Interchange
Grand Opening Celebration, to be held on May 31, 1999, at 10:00 a.m.
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City Council Minutes
May 24, 1999
• Mayor Pro Tem Thomson announced the celebration of Phase I of the Harbor
View Homes that was held over the weekend. He said the project was facilitated
by a small land swap between the City and the Association, and was made
possible through money raised from within the community.
• Council Member Debay requested that the City Manager possibly assign
someone from staff to attend an upcoming seminar regarding engineers and
disaster preparedness training for regions affected by liquefaction, to be held
June 17, 1999. She provided the City Manager with the flyer.
• Council Member Ridgeway requested that a future agenda item provide the City
Council with a resolution to support the fair competition and taxpayers savings
tax being promoted by the Taxpayers for Fair Competition.
• Council Member Noyes announced the community pride parade to be held on
Balboa Island on June 6, 1999. He added that City Manager Bludau will be the
Grand Marshall.
• Mayor O'Neil announced the 18th annual Corona del Mar Scenic 5K race to be
held on June 5, 1999.
CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR (STUDY SESSION) AND
REGULAR MEETING OF MAY 10, 1999. Waive reading of subject
minutes, approve as written and order filed.
2. READING OF ORDINANCES AND
full of all ordinances and resolutions
Clerk to read by title only.
RESOLUTIONS FOR ADOPTION
RESOLUTIONS. Waive reading in
under consideration, and direct City
3. REVISED PARKING LOT FEES FOR BALBOA PIER AND CORONA
DEL MAR PARKING LOTS (contd. from 4/26/99). Continue to June 14,
1999.
4. RESOLUTION AUTHORIZING SUPPLEMENTARY SALARY AND
BENEFIT PAYMENTS TO CITY EMPLOYEES CALLED TO ACTIVE
MILITARY DUTY. Adopt Resolution No. 99 -35.
5. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF
SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA
BOULEVARD AND SELECTED FEEDER STREETS DURING THE
FOURTH OF JULY HOLIDAY PERIOD. Adopt Resolution No. 99 -36.
ORDINANCES FOR ADOPTION
6. ADOPTION OF THE FIRE CODE AND FINDING OF FACTS.
Continued to June 14, 1999.
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INDEX
Res 99 -35
Military Duty
(66)
Res 99 -36
Fourth of July
Street Closure
(85)
Fire Code
(41/53)
City of Newport Beach
City Council Minutes
May 24, 1999 INDEX
• 7. ADOPTION OF THE BUILDING CODES AND RESOLUTION NO.
Building Code
99 -_ SETTING FORTH FINDINGS BASED ON LOCAL
(26/53)
CONDITIONS WITHIN THE CITY OF NEWPORT BEACH WHICH
MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE
CALIFORNIA BUILDING CODE, THE CALIFORNIA PLUMBING
CODE AND THE CALIFORNIA RESIDENTIIAL CODE REASONABLY
NECESSARY. Continued to June 14, 1999.
8. 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. Adopt ordinance.
Amendment (53)
9. Item removed from the Consent Calendar by Council Member
Glover.
CONTRACTS AND AGREEMENTS
10. 1997 -98 ALTERATIONS AND REFURBISHING POLICE FACILITY
C -3217
(C -3217) - COMPLETION AND ACCEPTANCE. Accept the work;
1997 -98 Alterations
authorize the City Clerk to file a Notice of Completion; and authorize the
and Refurbishing of
City Clerk to release the bonds 35 days after the Notice of Completion has
Police Facility
been recorded in accordance with applicable sections of the Civil Code.
(38)
11. GRAND CANAL DREDGING, EELGRASS TRANSPLANT AND ROCK
C -3154
• BUTTRESSES (C -3154) - COMPLETION AND ACCEPTANCE. Accept
Grand Canal
the work; authorize the City Clerk to file a Notice of Completion; and
Dredging
authorize the City Clerk to release the bonds 35 days after the Notice of
(38)
Completion has been recorded in accordance with applicable sections of the
Civil Code.
12. CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS
C -3191
(C -3191) - COMPLETION AND ACCEPTANCE. Accept the work;
Corona del Mar
authorize the City Clerk to file a Notice of Completion; and authorize the
Water and Alley
City Clerk to release the bonds 35 days after the Notice of Completion has
Replacements
been recorded in accordance with applicable sections of the Civil Code.
(38)
13. BONITA CANYON PARK (C -3270) - APPROVAL OF PROFESSIONAL
C- 3270 -A
SERVICES AGREEMENT WITH EPT LANDSCAPE ARCHITECTS.
Bonita Canyon
Authorize the Mayor and City Clerk to execute a Professional Services
Park Improvements
Agreement with EPT Landscape Architects to prepare plans and
(38)
specifications for the Bonita Canyon Park Improvements for a fee of
$332,067.
14. JAMBOREE ROAD/EASTBLUFF DRIVE INTERSECTION
C- 3202 -B
IMPROVEMENTS - AWARD OF CONTRACT (C- 3202 -B). Approve the
BA -071
plans and specifications; award C- 3202 -B to Peterson -Chase General
Jamboree Road/
Engineering Construction, Inc. for the total bid price of $1,013,906 and
Eastbluff Drive
authorize the Mayor and the City Clerk to execute the contract; establish an
Intersection
amount of $101,000 to cover the cost of unforeseen work; approve a budget
Improvements
amendment (BA -071) appropriating $614,906 to Account No. 7261- C5200473
(38/40)
from the unappropriated Circulation and Transportation Fund Reserves and
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City Council Minutes
May 24, 1999 INDEX
• appropriating $50,000 to the Contributions Fund, Account No. 7251 -
05200473.
15. NEWPORT DUNES HOTEL AND TIME -SHARE RESORT
C -3235
ENVIRONMENTAL IMPACT REPORT. Approve the amendment to the
Newport Dunes
professional services agreement with LSA Associates for the preparation of
Hotel & Time -Share
an environmental impact report for the Newport Dunes Hotel and Time-
Resort FIR
Share Resort project.
(38)
16. GEOGRAPHIC INFORMATION SYSTEM (GIS) PROJECT. Authorize
C -3287
the Mayor and the City Clerk to execute a Professional Services Agreement
BA -068
with PSOMAS and Associates to convert the City's water facilities atlas
GIS Project
drawings into an electronic digital atlas mapping system; approve the
(38/40)
conversion of the GIS system from Genasys to Environmental Systems
Research Institute (ESRI); and approve Budget Amendment (BA -068) to
transfer appropriations in the amount of $77,862 from various accounts and
increase appropriations in the amount of $49,715 to accomplish the above
named conversions.
17. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING
Legal Publications(
FISCAL YEAR JULY 1, 1999 TO JUNE 30, 2000. Authorize the City
One -Year Contract
Clerk to publish a notice advertising for bids to be received on or before the
for FY 1999 -2000
hour of 4:00 p.m., on Friday, June 11, 1999, for a one -year contract covering
(32)
the publishing and printing of legal notices, or other material required to be
• published and circulated in the City of Newport Beach.
MISCELLANEOUS ACTIONS
18. PLANNING COMMISSION AGENDA FOR MAY 20, 1999. Receive and
Planning
file.
(68)
19. RATIFICATION OF MAYOR'S APPOINTMENTS TO AD -HOC
Ad Hoc
APPOINTMENTS COMMITTEE. Ratify the appointment of Mayor Pro
Appointments
Tem Thomson (Chairman), and Council Members Glover and Ridgeway to
Committee
serve on the ad -hoc appointments committee to review applications and
(24)
make recommendations to the full Council for the Board and Commission
vacancies scheduled to occur on June 30, 1999.
20. BUDGET AMENDMENT (BA -067) TO APPROPRIATE A DONATION
BA -067
IN THE AMOUNT OF $3,480 FROM THE NEWPORT BEACH PUBLIC
Newport Beach
LIBRARY FOUNDATION TO PURCHASE OFFICE SUPPLIES.
Public Library
Approve BA -067.
Foundation (40/50)
21. BUDGET AMENDMENT (BA -069) TO INCREASE REVENUE
BA -069
ESTIMATES AND EXPENDITURE APPROPRIATIONS BY $2,800
Jail Management
FOR THE PURCHASE OF A JAIL MANAGEMENT COMPUTER
Computer System
SYSTEM TO BE REIMBURSED BY THE CALIFORNIA BOARD OF
(40/70)
CORRECTIONS. Approve BA -069.
22. ADDITION OF TWO LEASED ELECTRIC VEHICLES. Approve the
C -3185
leasing of two 1999 Toyota RAV -4 electric vehicles for a three year period at
•
BA -070
a total cost of $35,320; approve the purchase and installation of two electric
Electric Vehicles
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City of Newport Beach
City Council Minutes
May 24, 1999
• vehicle charger stations for a total cost of $9,000; and approve a budget
amendment (BA -070) in the amount of $44,320 to appropriate AQMD
matching grant funds (AB2766 non - discretionary funds) to lease the two
electric vehicles and purchase the two charger stations.
23. UNDERGROUND UTILITIES IN WEST NEWPORT (PROPOSED
UNDERGROUND ASSESSMENT DISTRICT NO. 69). Authorize an
advance to Underground Assessment District No. 69 in the amount of
$247,800 to provide for the design of the project by Southern California
Edison and Pacific Bell; and approve a budget amendment (BA -072) to
appropriate $47,800 from the General Fund unappropriated surplus to the
Assessment District Capital Project Fund for proposed Assessment District
No. 69, Account No. 7401- C5100212.
24. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS
CITIZENS ADVISORY COMMITTEE (EQAC). Confirm Mayor Pro Tem
Thomson's appointment of Philip Luger to EQAC (District 7 at -large
member).
Motion by Mayor Pro Tern Thomson to approve the Consent Calendar,
except for those items removed (9), and those items continued (6 and 7).
Without objection, the motion carried by acclamation.
• ITEMS REMOVED FROM THE CONSENT CALENDAR
9. 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 AND ADOPTION OF
RESOLUTION APPROVING DESIGN GUIDELINES FOR SERVICE
STATIONS. [AMENDMENT 8851.
Council Member Glover expressed her concerns about the availability of
alcoholic beverages at service stations and the number of children that drive
through the City. She added that she understands the amendment to the
municipal code, if approved, will include this provision. City Attorney
Burnham confirmed that if the amendments to the service station ordinance
are adopted, the City loses its grandfathered right to prohibit the sale of
alcohol at service stations. He added that the City Council could still
prohibit the sale if appropriate findings are made through the City's
alcoholic beverage outlet ordinance. Council Member Glover stated that the
requests to sell alcohol will go before the Planning Commission and not the
City Council. She expressed her concern that the Planning Commission
deals strictly with land use, whereas the City Council looks more at the
overall picture. City Attorney Burnham added that the City Council does
have the right to call up any decision of the Planning Commission. Council
Member Glover again stated her concern that this ordinance will increase
the availability of alcohol to drivers and children.
• Council Member Debay referred to page 5 of the staff report where it stated
that, "if sound findings can be made that the sale of alcoholic beverages
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INDEX
(38/40)
BA -072
Underground
Assessment
District 69
(40/89)
EQAC
Appointment
(24)
Ord 99 -16
Res 99 -37
PCA 885/
Service Station
Regulations/
Design Guidelines
(53/94)
City of Newport Beach
City Council Minutes
May 24, 1999
• would be detrimental to the community, then the Planning Commission
would have the authority to place conditions on the sale of alcoholic
beverages or prohibit their sale entirely ". She stated this statement was
enough for her to vote in support of the ordinance at the last meeting.
Council Member Debay asked about the availability of alcohol to children
and City Attorney Burnham confirmed that appropriate identification would
be required to purchase alcohol at service stations, the same as any other
establishment.
City Attorney Burnham listed the five considerations the Planning
Commission, or Planning Director, must consider when approving a use
permit for an alcoholic beverage outlet. He referred to Municipal Code
Section 20.89.030 (B). He stated that many potential service station alcohol
outlets would probably be subject to denial based on one or more of the
findings.
Council Member Glover stated that she has heard of adults buying alcohol
for minors at these types of outlets. She is concerned that this ordinance
brings a change to Newport Beach that is not desirable.
Motion by Council Member Rid ewav to adapt Ordinance No. 99 -16 and
Resolution No. 99 -37 adopting design guidelines for service stations.
• Council Member Ridgeway stated that he feels the ordinance is responsible
and new, and that the issue of adults buying alcohol for minors will be
addressed by the appropriate law enforcement personnel. He added that he
feels it will be very difficult for the Planning Commission to approve the sale
of alcohol at any service station.
Council Member Adams stated that he is in opposition to the ordinance
because he doesn't feel that a new land use needs to be introduced into the
City to allow convenience store development at service stations.
Additionally, he added that he has seen no documented evidence that
allowing service stations to have the opportunity to add convenience stores
at their locations will affect gas prices. He skated that he supports the
inability to even consider convenience stores at gas stations. He said that he
is well versed on the issue and he is not anti - business, but sees no reason to
change the existing ordinance.
Council Member Glover referred to handwritten page 28 of the staff report
and the Additional Design Guidelines for Special Development Types. She
asked if Council Member Ridgeway would amend his motion to include
another guideline.
Council Member Ridgeway asked for staffs opinion on the amendment.
Planning Director Temple, who wrote the additional language referred to by
Council Member Glover, stated that the proposal included a set of design
guidelines that the Planning Commission would use to judge the quality of
• the design of the new service station constructed under the new ordinance.
Planning Director Temple stated that the language would add to the design
criteria any supplemental design guidelines the City Council might adopt in
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May 24, 1999
the future.
INDEX
Council Member Ridgeway amended his motion to include the
following language in the first paragraph of the design guidelines, as
requested by Council Member Glover, "In addition to the design guidelines
contained herein, the service station design shall be consistent with any
design criteria or guidelines adopted by the City Council for the commercial
district within which the service station is located, if any."
Mayor Pro Tern Thomson stated his opposition to the motion because he sees
no compelling reason to allow the sale of alcohol from gas stations. He
stated that it will only make access to alcohol more convenient, and he has
seen no evidence that the gas stations need this alternate to survive. He
feels that the gas stations in the City are doing very well. He stated that bad
things come with alcohol sales at service station convenience stores, and he
cited information he heard from the Police Chief about minors being able to
easily obtain alcohol from these types of outlets. He stated that he sees no
reason to change the existing ordinance.
Mansoor Vakili, 19021 Glenmont Terrace, stated that the current ordinance
is thirty years old and has not changed to accommodate the change, over
that period, in gas stations. He stated that Newport Beach used to have 44
gas stations, and now has 17. He stated that more gas stations will go out of
business if this new ordinance is not approved. He said there are already
• other places selling alcohol, that ABC laws will still have to be adhered to
and that the ordinance provides enough restrictions to disallow any
application. He said that he currently makes more money in 40 square feet
of retail space than in the mechanic shop, which takes up much more space.
Rick Yost, 1300 S. Beach Blvd., La Habra, property development specialist
for Chevron, stated that he agrees with the comments of Mr. Vakili. He
stated that the new ordinance allows the Planning Commission to deny any
application, and it improves the existing and new stations. Referring to a
previous question, he stated that market research has shown that customers
prefer one -stop shopping, which includes convenience stores at gas stations.
He added that this provision would in no way affect the price of gasoline.
Council Member Glover stated that she was told that gas prices are
established based on the per capita income of the City in which the gas
station is located. Mr. Yost stated that gasoline prices are only established
by market competition, supply and demand.
Mayor Pro Tem Thomson requested that Police Chief McDonell address the
issue, and referred to the fact that over half of the City's budget goes to
public safety. He asked that the Police Chief discuss how new mini - market
alcohol outlets will affect the community and how they will be policed. Police
Chief McDonell stated that it would be difficult to quantify, but that he can
provide current statistics. He stated that year -to -date, as of May 10, there
have been 508 alcohol - related arrests made. Of these, 348 were for drunk in
• public or 160 were for drunk driving. He stated that of the 508, 26% were
Newport Beach residents and the remaining were from out -of -town. He said
the impact of any new alcohol outlets would be difficult to describe, but it is
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City Council Minutes
May 24, 1999
known by law enforcement to be a place where minors prefer to try to make
alcohol purchases. He said the Police Department would handle complaints
in the same manner that complaints regarding any alcoholic beverage outlet
are handled.
Council Member Debay stated that many of the service stations contain work
bays for maintenance activities on cars, but that she understands this type of
work has almost disappeared. She confirmed with Mr. Yost that the service
station owners would prefer to have convenience stores in place of the work
bays. Mr. Yost added that car maintenance business has dwindled enough,
that the owners can't afford to continue to operate and maintain the work
bays.
Council Member Adams stated that the number of gas stations in the City
has remained fairly stable over the last ten years, adding that he thinks
there are plenty currently in place. He also stated that he feels that the
service bays do provide a valuable service and that they must be doing
enough business, since they are still in business.
Jean Impey, 416 Hazel, stated her support for the current ordinance. She
stated that groceries can be bought at grocery stores. She added that she
has used the service stations for vehicle maintenance, and thinks that
service should remain.
• Kevin Yoches, 1972 Rosemary Place, Costa Mesa, stated that he could
confirm that his classmates and friends do get adults to buy alcohol for them
by standing outside of service station convenience stores. He stated that he's
seen his friends get into alcohol - related accidents, he's lost friends due to
alcohol and he's seen the damage alcohol can do. He would prefer to see
Newport Beach not allow alcohol sales at gas stations. He thinks it would
diminish the quality of the City and would make it more convenient for
children to get alcohol.
The amended motion carried by the following roll call vote
Ayes: Debay, Ridgeway, Noyes, Mayor O'Neil
Noes: Glover, Adams, Thomson
PUBLIC COMMENTS - None.
PUBLIC HEARING
25. 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
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
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INDEX
Mod. Permit 4843
Appeal/
2231 Pacific Drive
Rowe Residence
(94)
City of Newport Beach
City Council Minutes
May 24, 1999
• GARAGE TO BE CONVERTED TO LIVING AREA AND L
HOME OFFICE (contd. from 5/10/99).
City Manager Bludau stated that he was notified today that the appellant
has requested that the item be continued to June 28, 1999.
Mayor O'Neil requested that the item be taken off the agenda if it is not
heard at that meeting. He stated that it is a burden on staff and the City
Council to have the matter continually brought forward and then continued.
City Attorney Burnham stated that an agreement has been reached on the
matter, and that there is simply the need to prepare and record a convenant.
Motion by Mayor O'Neil to continue the item to June 28, 1999
Without objection, the motion carried by acclamation.
CONTINUED BUSINESS
26. PARKING TIME LIMITS ON HAZEL DRIVE (contd. from 5/10/99).
Public Works Director Webb stated that staff prepared a report per the City
Council's request to allow residential permit parking on Hazel Drive. He
stated that the resolution establishes the two -hour parking limit and the
. ordinance establishes a residential preferential zone. He said the ordinance
is necessary in order to issue permits for that area.
Paul Glowienke, 427 Hazel Drive, stated that he is in support of both the
resolution and the ordinance. He handed out a Proposal for Residential
Permitted Parking, put together by himself, and Walter & Jean Impey.
Referring to this handout, Mr. Glowienke pointed out the Residential
Parking Permit Survey in the report and noted that every City surveyed,
with the exception of Dana Point, offers residential parking permits on a
limited basis. He went on to discuss the uniqueness of Hazel Drive, as listed
in the report. He also highlighted a map in the handout that showed the
available parking spaces for the businesses as well as the available spaces
for the residences. He went on to detail the available parking spaces, as
illustrated in the report. He concluded that there is ample space for the
employees to park at the businesses.
Council Member Adams confirmed with Mr. Glowienke that all the
residences have on -site parking, three of the nine for possibly two cars and
the remainder for one car only.
Council Member Glover stated that if all of the residents are using their on-
site parking, then she could be in support of the resolution and the
ordinance.
Council Member Noyes stated that he has seen evidence that not all of the
• residents are using their garages. He added that no one in the City has the
right to park in front of their own homes.
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Restricted Parking
on Hazel Drive
(85)
City of Newport Beach
City Council Minutes
May 24, 1999
• Mr. Glowienke added that he works out of his home and that the residents
are not in support of the two -hour parking limit if the preferential permit is
not also approved. Mr. Glowienke pointed out the parking spaces in his
report, which are currently not being used by the businesses but could be.
Mayor O'Neil asked about the effect of Crown Pointe, the assisted care living
facility on Coast Highway. Mr. Glowienke answered that it's too early to tell
what the effect will be since the facility is not fully occupied.
Per Council Member Ridgeway's request, Mr. Glowienke listed the residents
who work out of their homes. Mr. Glowienke continued with his
presentation by pointing out the suggested notice that the Hazel Drive
residents would like to use to assist in enforcing any new parking
restrictions.
Walter Impey, 416 Hazel Drive, stated that parking is a little lighter
recently, but it's because there are a couple of vacant businesses. He went
on to point out a letter in the report where the Hazel Drive residents are, at
least, asking for a trial period. He stated that their purpose is to move the
employees of the businesses, and not the customers.
Mayor O'Neil stated that a concern of his is that if this request on Hazel
Drive is permitted, many other streets will ask for preferential parking. He
said it's a delicate balance between the residents and the businesses. He
• added that Hazel Drive may have unique topographical limitations.
Mr. Impey stated that Hazel Drive is unique and should provide the City
Council with the reasoning it needs. He expressed the difficulty his elderly
parents have when visiting and their attempts to find parking close enough
so that they don't have to walk too far on the steeply inclined street.
Council Member Noyes stated that, all over the City, residents move cars to
save spots. He said this is not a problem unique to the Hazel Drive
residents.
Mel Grandinette provided some history of Hazel Drive and the residents'
attempts to work with the businesses. He listed some of the areas in the
City that already have preferential parking, such as the high schools. He
asked that the City Council approve the trial period.
City Attorney Burnham responded to Mayor O'Neil's question about the
findings and criteria needed to issue preferential parking permits by
referring to Municipal Code Chapter 12.68. He stated that the findings that
have to be made to approve preferential parking include that it protects the
quality of life in the area, that it provides reasonably available and
convenient parking for the benefit of the adjacent residents and that it
alleviates traffic congestion and illegal parking. City Attorney Burnham
went on to read the seven criteria that must be considered, as listed in
Municipal Code Section 12.68.030 (A -G).
• Mayor O'Neil asked if the criteria were being met for preferential parking
permit on Hazel Drive. City Attorney Burnham stated that there is some
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City Council Minutes
May 24, 1999
INDEX
•
question as to if this permit would just displace vehicles to another block.
He added that he also questions if the current nonresidents parking is a
source of unreasonable noise, traffic hazards, environmental pollution or
devaluation.
Council Member Debay stated that she was surprised that staff was
recommending this, but that she feels that if it has been found to be
reasonable, she can support it on a trial basis. She also pointed out that the
permits would not be limited to residents.
Council Member Ridgeway stated that on the peninsula, where he lives, it is
common practice to move cars to save parking spaces. He added that he is
bothered by the fact that some of the Hazel Drive residents work out of the
their homes and may not be using their garages. He stated that he could
maybe support the two -hour parking time limit but not the preferential
parking permit.
City Attorney Burnham stated that, in addition to the previous criteria
mentioned, he also questions if Section 12.68.030 (G), which states that other
alternative solutions have been found to be unfeasible or impractical, has
been met.
Council Member Noyes stated his understanding of the residents' request
that they be given both the time limit and the permit, or neither.
•
Mayor O'Neil stated that he understood it the same way. He agreed that
Hazel Drive has some unique characteristics. He stated that he's not too
concerned about setting a precedent, because he feels that other areas in the
City may warrant preferential parking also.
Motion by Mayor O'Neil to approve a six -month trial for preferential
parking on a two-hour basis on Hazel Drive from the alley north of Coast
Highway to Second Avenue.
The motion failed by the following roll call vote:
Ayes: Debay, Glover, Mayor O'Neil
Noes: Ridgeway, Noyes, Adams, Thomson
Mayor O'Neil stated that the matter is difficult to resolve, but a solution
needs to be found.
Council Member Debay stated that she recently requested a report on what
the costs are to increase enforcement of existing preferential parking
restrictions. She stated that employees of businesses that park on nearby
residential streets need to change their habits, when commercial space is
available to them.
27. BEACH VOLLEYBALL COURT AT 2406 W. OCEANFRONT.
Beach Volleyball
Court at
•
City Manager Bludau stated that the item was back before the City Council
2406 W. Oceanfront
at the current meeting because a resident claimed that he was not given
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May 24, 1999
INDEX
• proper notification when the matter was before the City Council at its
meeting of April 26, 1999. City Manager Bludau stated that the City Council
could decide to leave the volleyball court in front of 2406 W. Oceanfront,
move it to another location or eliminate it from the current location.
Charles Hartwell, 2408 W. Oceanfront, stated that the volleyball court in
question is under high use and is in a very crowded area. He stated that the
regular volleyball players seem to own the court and it's not a public beach
anymore. He stated that he believes the court should be removed.
Stan Hatch, 1547 Orange Avenue, Costa Mesa, stated that he is a player on
the court at 2406 W. Oceanfront and, responding to the previous speaker's
comments, feels he and the other players respect the public's right to use the
beach. He added that they often leave their personal net up for others to
use. He stated his concern for just moving the court to another location
because it doesn't address the situation. He stated that the players have
worked with the City's Senior Recreation Manager and the only real
improvement that was considered was for the players to warm up at the
ends of the court instead of between the court and the boardwalk.
Andy Reinking, 6001 Newport Shores Drive, a player at the 2406 W.
Oceanfront court, stated that he collected 647 signatures on the opinions of
the public and businesses in the area. He stated that 276 of the signatures
were residents, 43 were businesses and 328 were non- residents. He stated
• that all enjoyed watching play and /or having access to the volleyball court.
Mr. Reinking added that the current location of the court is convenient for
several reasons. He concluded by stating that they clean up after themselves
and allow others to use the court.
Council Member Debay stated that she has been to the site. She stated that
although the court is the required distance from the boardwalk, it is near the
start of the bike path at the west end of the parking lot. She stated her
understanding of the fellowship that goes along with having a regular court
to play at, but she expressed her concern for the number of people that
gather to watch the regular players and the congestion that takes place at
that location. She asked if Mr. Reinking and the other players could
encourage the people that gather to continue moving along the boardwalk or
move onto the beach. He stated that they could do so and that it was a good
suggestion.
Brad Dorfman, 2402 W. Oceanfront, stated that the players are not causing
the problem, it's the location of the court that is the problem. He agreed
with Council Member Debay that it's a very congested area to begin with.
He added that it is not just the area contained within the volleyball court,
but the area where the ball will often fly outside the court. He stated that he
doesn't think that he, as a resident, should have to endure a flying volleyball
that could cause property damage or personal injury. He added that the
volleyball court used to be at 26th Street, where he feels there is more room.
He said the regular players are good and lots of people enjoy watching them.
• Moses Morezabi, 2406 W. Oceanfront, stated that he is in favor of moving the
volleyball court from 24th Street to 26th Street because the people that gather
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block his view. He thinks it makes sense to move it to 26th Street because
that location would be at the end of an alley.
Patrick Daw, 259 Lower Cliff Drive, Laguna Beach, stated that the Parks,
Beaches and Recreation Commission voted 7 -0 in favor of keeping the
volleyball court at its current location. He added that the Commission found
the court to provide entertainment for the pubb.c. He stated that the same
problems will occur at 26th Street.
Council Member Ridgeway requested that staff provide more information on
the subject. He understands that this issue has been ongoing for some time
and he would like more background information on what has taken place to
date. He also requested statistics on how many of the volleyball courts on
the peninsula are within 50 feet of the sidewalk. He stated that the court in
question is a problem because it is next to a public parking lot and in a
congested area.
City Manager Bludau stated that none of the beach volleyball courts are
within 50 feet of a property line or sidewalk, per :Resolution 92 -93.
Council Member Ridgeway restated his request and asked for a report of the
courts that are at the 50 -foot mark versus those that are farther out.
Community Services Director Kienitz confirmed that no courts are within 50
feet, but that staff could gather the information that Council Member
Ridgeway is requesting.
Council Member Debay stated that the beach is narrow at the 24th Street
location, and the court can't be moved closer to the water because the beach
slopes at that point.
Council Member Ridgeway stated that when the additional information is
provided by staff, the City Council may decide that 50 feet isn't enough in
congested areas such as the 24th Street location.
Council Member Noyes confirmed with Council Member Debay that the
slope disallows moving the 24th Street court any closer to the water. Council
Member Noyes also agreed that all the information on the subject should be
provided to the City Council.
Council Member Ridgeway and Council Member Noyes both mentioned
beach volleyball courts that are much farther than 50 feet from the
boardwalk.
Council Member Ridgeway expressed concern over the firmness of the sand
in this location and the ability for the ball to bounce into the parking lot.
Council Member Glover confirmed that the volleyball court in question is in
District One, Council Member Ridgeway's district.
Motion by Council Member Ridgeway to continue the item to June 28,
1999, to allow staff to provide the City Council with more backup
information.
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City Council Minutes
May 24, 1999
• Council Member Debay stated that probably another attraction of the
current location for the players is the access of the nearby parking lot.
Council Member Noyes again asked about moving the current court farther
out. The players in attendance stated that it could maybe be moved out ten
feet, but that there also has to be room left for the lifeguard vehicles on the
water side of the court.
Without objection, the motion carried by acclamation.
Council Member Debay asked about the width of the beach at 25th Street,
and was told that it was the same.
CURRENT BUSINESS
28. BALBOA BOULEVARD REHABILITATION, MAIN STREET TO "G"
STREET — AWARD OF CONTRACT (C -3176) AND APPROVAL OF
BUDGET AMENDMENT (BA -066).
Council Member Ridgeway stated that the Balboa Merchants Owners
Association supports either option 2(A) or 2(C), but that they prefer 2(A).
Motion by Council Member Ridgeway to approve the plans and
• specifications; award contract (C -3176) to Los Angeles Engineering and
authorize the Mayor and the City Clerk to execute the contract for the total
bid price of $574,564.10 for Alternate "A" (pavers in the roadway and
sidewalk areas at the intersection of Balboa Boulevard and Main Street);
establish an amount of $57,000 to cover the cost of unforeseen work in
Alternate "A "; and authorize a budget amendment (BA -066) to transfer
appropriations of $131,564.10, as described in the staff report.
Without objection, the motion carried by acclamation (Council Member
Thomson was absent during the vote).
29. 30TH STREET STORM DRAIN ENVIRONMENTAL AND PROJECT
COORDINATION.
City Attorney Burnham announced that staff would like the City Council to
consider an item that arose after the posting of the agenda. He summarized
the staff report as it was handed out to the council members.
Motion by Council Member Glover to approve consideration of the item
at the current meeting, based on the fact that the need to take action arose
after the posting of the agenda.
Without objection, the motion carried by acclamation.
• Motion by Council Member Ridgeway to approve professional services
with J. H. Douglas & Associates for Environmental and Project Coordination
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INDEX
C -3176
BA -066
Balboa Boulevard
Rehabilitation
(38/40)
C -3289
30th Street
Storm Drain
Environmental and
Project Coordination
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City Council Minutes
May 24, 1999
• work in conjunction with the 30th Street Storm Drain. The approval
recognizes that this firm has a former City employee working for them.
Without objection, the motion carried by acclamation.
•
•
MOTION FOR RECONSIDERATION — None.
ADJOURNMENT — 9:05 p.m.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
The agenda for the Regular Meeting was posted on May 19, 1999, at
3:30 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
a�
Recording Secrebery
41 v
Mayor
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