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HomeMy WebLinkAbout08/11/1986 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEM13ERS MINUTES �, d+A \0' 9 REGULAR COU19CIL MEETING �¢ 9PLACE: Council Chambers TIME: 7:30 P.M. R ®LL CAL P �y DATE: August 11, 1986 INDEX Present x x x x x x x A. ROLL CALL. B. Mayor Maurer made reference to the minutes of July 14, 1986, and stated he wished to clarify for the record that • when the Council was straw - voting on GPA 85 -1(B), he inadvertently pushed the wrong button and voted "No" on the Westbay site. He stated that he meant to vote "Aye" and requested that the minutes be corrected to reflect such change, to which there was no objection. Motion x The reading, of the Minutes of the All Ayes Meeting of July 28, 1986, was waived, approved as, written, and ordered filed. Motion x C. The reading; in full of all ordinances All Ayes and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the public hearing Variance and City Council review of an appeal by 1134 /China ERNEST AND DONNA SCHROEDER, Corona del House Mar, from the denial by the Planning (91) Commission on July 10, 1986, of VARIANCE NO. 1134, a request to permit the • construction of a single - family dwelling which would exceed the 24 foot basic height limit in the 24/28 Foot Height Limitation District on property located at 2717 Shell Street, on the southwesterly side of Shell Street between Fernleaf Avenue and Way Lane in China Cove; zoned R -1. The proposal also included a-request to exceed 1.5 times the buildable area of the site, and the acceptance of an Environmental Document. Report from the Planning Department, was presented. Appeal application from Ernest and Donna Schroeder, was presented. The City Clerk reported that after the agenda was printed, a letter was received In opposition to the appeal for variance signed by eight residents on Shell Street in China Cove. • In addition, three letters were received from residents in favor of the variance. Volume 40 - Page 328 CITY OF NEWPORT BEACH COUNCIL MEMBERS d G� CG 3 � �i 9G P S S t" 9.y� � 9 9 GF 't^ August 11, 1986 9q o ROLL "Po � MINUTES INDEX The City Manager stated that the Variance Planning Commission denied the subject 1134 /China variance and made the following Findings House in conjunction with their action: 1) That there are no exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district, inasmuch as the structure could be designed within the 24 foot height limit at 1.5 times the buildable area on the site that contains over 4,000 sq. ft. of land area. 2) That the granting of the application is not necessary for the preservation and enjoyment of substantial property rights of the applicants, since the single - family dwelling could be redesigned to conform to the existing contour of the site, and be within the • required 24 foot height limit. 3) That there may be problems in splitting the existing rocks in conjunction with the construction of the subterranean parking structure. 4) That the building is too high In relation to the structures In the immediate area. 5) That the granting of such application will, under the circumstances of the particular case, be materially detrimental to the health, :safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the property of the applicants and will, under the circumstances of the particular case, be materially • detrimental to the public welfare or injurious to property improvements in the neighborhood, in that approval would result in a structure Volume 40 - 329 CITY OF NEWPORT BEACH COUNCIL MEMBERS s� 99 G adO �' G,\Opp M August 11, 1986 G ROLL MINUTES INDEX which is more visually Variance 1131 imposing than other structures China House in the areas. 6) That the Findings are based upon facts contained in the public record. It was noted by the City Manager that during the course of the Planning Commission hearing, the applicants' architect testified that it would be possible to design a structure on the site in conformance with the basic height limit. Based upon this and other public testimony, the Planning Commission took its action. Subsequent to the action of the Planning Commission, the applicants have submitted plans for "Approval in Concept" (for Coastal Permit purposes), which are generally consistent with the 24 foot height limit. It is, therefore, the opinion of staff that the Findings necessary to approve a variance cannot be made, and that the decision of the Planning Commission should be sustained. The City Manager stated that Finding No. 2, which is necessary before the Council can grant a variance, should be addressed during the public hearing, and that if the applicant can develop the subject property, meeting all the code requirements, then the City Council would not be denying "enjoyment of substantial property rights of the applicants." The staff feels that Findings No. 1 and 3 can be made, but question at this point in time whether No. 2 Finding can be made, inasmuch as the structure can be redesigned to comply with all code requirements. In response to Council inquiry, the Environmental Coordinator stated that the lots in question for this particular variance contain no residential structures at this time. As to the height of the China House, which is immediately next door, it is 43 feet in height. The maximum height of the proposed structure is 31 feet. Regarding tidal areas, there is a small portion of the site which is sandy • inter- tidal, but which is not a tide pool, and would involve a small amount of fill. Also, a portion of.the proposed structure was to bridge the sandy area and actually allow the water to flow underneath the structure. Volume 40 - Page 330 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL \1P ROLL � August 11, 1986 MINUTES INDEX In response=_ to Council Member Plummer, Variance 113 the Advance Planning Administrator China House stated that the portion of the structure that sits on top of a rock could be built to a height proposed in the plan as well as the portion adjacent to the street. It is the middle portion of the structure that would need to be redesigned to comply with the City's strict interpretation of the height limitation ordinance. Ernest Schroeder, applicant, 239 Heliotrope Avenue, addressed the Council and stated that he and his wife have designed a home which they feel will be comfortable for them and their two children to reside in, and a home which will have little impact on the neighborhood. They propose to set the structure back from the street and bay, further than other homes in the immediate area, allowing less view impact on the neighborhood. The home will be.lower at the street and bay sides, and the only place the house will be higher is in the middle, and that is only because of the natural drop in the land grade referred to earlier by Council Member Plummer. The roof line • will not be higher than either end of the house. They will also be providing with their home, five off - street parking spaces. They feel the majority of the neighbors in the area are in favor of the variance, and they would urge the Council to approve the request. Mr. Schroeder submitted a letter in support of their request for variance from Mr. and Mrs. Don Callender, 2620 Way Lane. Brion Jeannette, Architect for the project, addressed the Council and stated that a major portion of their appeal is to prove to the Council that they do have a hardship with regard to Finding No. 2. However, they feel that they have overcome that Finding. The . structure has now been reduced in size and does not exceed 1.5 times the buildable area of the site as originally requested. He stated that the subject site is different from any of the other sites in China Cove, because every • parcel around the site is higher in elevation. He referenced a site plan of the property, depicting the various elevations of the neighborhood. He stated that he surveyed different Volume 40 - Page 331 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL RN l August 11, 1986 MINUTES I M, I] WA heights of buildings surrounding the Tariance 1134 site and distributed a handout showing hina House structures 33 feet, 29 feet and 28 feet in height. He stated that they are not requesting a structure that is higher • than any in the area. He stated that they did design a building to meet all code requirements for coastal permit purposes, but it is not an adequate use of the space. He also discussed bulkhead elevations during high tide, and stated that they are also requesting acceptance of the Environmental Document. A letter from Pam and Rodney Emery was submitted by Mr. Jeannette in support of the variance. Gordon Hally, 2733 Shell Street, addressed the Council in opposition to the variance. He stated that the mean high tide line cuts well into a portion of lot 6 (one of the Schroeder's lots), and he does not see how the project can proceed when it is obvious that construction will extend into tidal area. He submitted six photographs showing that when the tide is in, a good portion of the subject property is • covered with water. In response to Council Member Agee regarding the tidal zone, the staff commented that the building proposed is well within the setback and bulkhead lines. The City periodically approves developments within setback areas that involve inter -tidal areas and use a mitigation program in cooperation with the Department of Fish and Game to try and account for any loss of habitat. In this particular case, a member of the staff, who is a biologist, surveyed the site to ascertain that there were not any endangered species, etc., inhabiting those inter -tidal areas, and that the City's standard mitigation program was appropriate. Tom Thomson, 23 White Water Drive, addressed the Council and stated that his father owns the property directly next door to the subject site at 2727 Shell Street. He stated that the neighbors in the area are very concerned • with the "boxed" look concept of the proposed structure and the preservation of public view. They are also concerned Volume 40 - Page 332 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL August 11, 1986 MINUTES INDEX over the string -line effect and want to 7ariance 1134 make sure that the new structure will Nina House not be built out beyond the string -line of homes that now exist. • Mr. Jeannette, in response to Mr. Thomson's comments regarding the string -line: issue, stated this was discussed with the Coastal Commission staff, who felt the string -line did not have an affect on the subject site because the concept was developed to prevent "galloping out" of houses along. the beach, and this was not the case. In response: to question raised by Council Member Hart regarding private views, the City Attorney stated that typically the City Council does not take action based upon protection of private views, but in the case of a variance, he felt it was appropriate to consider impact on private views because one of the items to consider is whether the granting of the variance in this case will materially affect the property and welfare of the neighborhood of adjoining property owners. With regard to the other proposal for a variance on the property next door, • which involves the existing China House structure, the staff stated that it was also denied by the Planning Commission and has not been appealed. Mr. Jeannette, stated that he represented the applicant on the above - referenced variance as well, and that the applicant accepted the ruling of the Planning Commission and has since redesigned the structure to be located on lots 12 and 5. If the Coastal Commission approves of the project, the China House will be demolished. Gerald L. Thompson, 2701 Shell Street, (immediately west of the Schroeder project) addressed the Council and stated that when he moved into his home, approximately 45% of the Schroeder lot was under water at that time, which was 10 years ago. However, sand has built up over the years and he questioned what if the situation were to reoccur in another 10 years. He feels this is an • issue that will be addressed by the Coastal Commission. He stated that if an eight foot tide were to occur, he would have water in his living room, which did happen in the Winter of 1982 Volume 40 - Page 333 CITY OF NEWPORT BEACH COUNCIL MEMBERS CN f 'o li S' 1 y c Of A,pq CG9� qG.p qp.� f�qT o� R[11 I COL GAS 9 August 11, 1986 MINUTES INDEX and 1983, and is why he now has rocks in Variance 1132 front of his property. He discussed the China House need for preserving public view and stated that his house is 26 feet in • height. Phil Tozer, 901 Kings Road, President of the Balboa Pavilion Company, addressed the Council and discussed historic preservation. He stated that he has a sentimental attachment to the China House, which he felt has been a well established, long- standing historical landmark in Newport Harbor, and that if it could be preserved without causing undue hardship to the current owners, he would certainly like to see it remain. Dean Wickstrom, 209 Fernleaf Avenue, addressed the Council and discussed property rights, and stated that "thou shall not ration justice." He stated that his house was built in 1929 and was the first Corona del Mar grocery store, and that maybe some neighbors might want to retain that same look. He would be very fearful that the decision pending against the Schroeders might impact upon his property rights. He requested the • Council consider that all property within Newport Beach be treated equally. Donald Bright, Bright and Associates, (Environmental Management and Research firm) 1200 N. Jefferson, Anaheim, addressed the Council and discussed his concerns regarding demolition of the rock, wave action, use of the tidelands, coastal application, and public views. He stated ghat, in his opinion, there was no need for the subject variance, and the Environmental Document should not be accepted. The Environmental Coordinator, in response to Council Member Plummer, stated that in terms of the actions the applicant would have to go to to achieve a building permit in an area such as the one in question, all building plans, including :foundation plans are reviewed by the Building Department, and in that department there is a geologist who reviews appropriate projects. This project may or may not require a grading permit; however, the geologist will look at the method of construction to assure that it is appropriate and adequate. Volume 40 - Page 334 CITY OF NEWPORT BEACH COUNCIL MEMBERS C' S 9 O� 9� �� Rf11 I (:01 y�'P August 11, 1986 MINUTES INDEX Bill Rice, 1524 Serenade Terrace, Jariance 1131 addressed the Council in favor of the ihina House variance. He stated that the Schroeders have spent a great deal of time and expense in the design of their • home and urged the Council to grant approval. Marie Sodaro, 11551 Las Luces, addressed the Council and spoke in support of preserving China Cove, and maintaining the current height limit, Evelyn Frost, 2904 Cove Street, addressed the Council in opposition to the variance. She stated that she felt the Council should "hold to the City's requirements," inasmuch as she will lose a view as a result of the proposed structure. She stated that the China House adds great significance to the area, and together with the Balboa Pavilion, they are the only two landmarks left in the City. Mr. Jeannette addressed the Council again, and responded to some of the comments with regard to rock splitting, wave action. and location of the house on the lot. He also stated that the • applicant has no intentions of building on the lots, which are presently under water, but included in the sale of the subject two lots. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Council Member Agee stated that he does not believe the subject variance meets the criteria of being an "exceptional" case, inasmuch as the subject house can be redesigned and built on the lots, and therefore, moved to sustain the decision of the Planning Commission and deny the variance. Council Member Strauss stated that he is usually very conservative when it comes to variances and changes in zones, etc. However, in view of the testimony given, and inasmuch as the difference in size requested is so small, he will support the variance. X x x x The motion was voted on and carried. s x x x Volume 40 - Page 335 CITY OF NEWPORT BEACH COUNCIL MEMBERS C0 J o �i i K 1T O� GPII I (:AI P y�"� August 11, 1986 MINUTES li961 W -1 E. PUBLIC COMMENTS: Tom Orlando, 15 Balboa Coves, West Newport) representing the West Newport Beach 4th of July Community Association, addressed the Council regarding incidents which occurred over the 4th of July weekend in West Newport. He stated that many of the residents were intimidated, assaulted, hassled, etc. In addition to the noise, there were fire hazards from firecrackers, etc. He stated that there were not enough police officers to handle enforcement properly. He stated that they are not finding fault with the Police Department, but that more help was needed to control the problems. He stated that: they met with the Police Chief to discuss what can be done to prevent similar occurrences next year. He stated that many of the problems are as a result: of "party" houses, which seem to be the same houses repeatedly. He requested that the City Council look into what the City can do legally in regard to the property owners of these party houses. Mayor Maurer advised Mr. Orlando that the Police Department will be discussing with the City Council in October what • preventative measures can be taken with regard to his concerns and that he will make sure he is invited to those meetings for input. The City Attorney advised that there is a section in the Penal Code that their office has used in prior occasions, that allows the City Attorney's office to send a letter to the property owner of a house or apartment that is being used as a "party" house. The property owner is notified to abate the nuisance, and if there is a repeat of the problem, it is a misdemeanor violation and can be filed in the Harbor Municipal Court. Jerry Bernheimer, 208 36th Street, addressed the Council, and stated that the problems mentioned by Mr. Orlando occur regularly in the West Newport area, not ,just on the 4th of July, and feels it's the same "party" houses repeatedly that are causing the trouble. With regard to the 4th of July, he • suggested the Police Department limit pedestrian access to the Peninsula, as well as vehicular access. Volume 40 — Page 336 CITY OF NEWPORT BEACH COUNCIL MEMBERS \rAL \kP\$PP \%P ROLL August 11, 1986 MINUTES INDEX F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed: • 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTIONt (a) Resolution No. 86 -67 authorizing alTrans /PCH the Mayor and City Clerk to execute idng /Bysd D: Program Supplement No. 4, Rev. 1 to - MacArthBl the Local Agency -State Agreement Res 86 -67 No. 07 -5151, covering the -2608 improvement of Pacific Coast (38) Highway from Bayside Drive to MacArthur Boulevard [Coast Highway Widening from Bayside Drive to MacArthur Boulevard]. (Report from Public. Works Department) 3. CONTRACTS /AGREEMENTS: (a) Approve Agreement with The Irvine Irvine Co/ Company concerning offer to acArthBl dedicate right -of -way for MacArthur idng /Fd Rd Boulevard Street widening southerly -2609 of Ford Road. (Report from (38) Assistant City Attorney) • (b) Terminate existing Contract 112243 Aarinapark with Eddie Osaka and approve new andscapg/ contract with Four Seasons - Seasns Landscaping for gardening services -2607 at Marinapark Mobilehome Park. (38) (Report from Executive Assistant to the City Manager) 4. COMMUNICATIONS - For referral as indicated: (a) To Planning Department for ing /Var1132 inclusion in the records, (68) communication from Mr. and Mrs. Paul J. Burchett in opposition to request of Richard L. Cooling for Variance 111133 on property located at 2301 Pacific Drive. (b) To Business License Supervisor for BusLic reply, letter from Ned McCune, (27) owner of business in Mariners Mile, regarding advance noticing of adequate park- and -ride facilities • for special events permits. Volume 40 - Page 337 CITY OF NEWPORT BEACH COUNCIL MEMBERS August 11, 1986 0 n ,\kpp'15G ROLL MINUTES INDEX (c) To Planning Department for ing /Md113187 response, letter from Mrs. George (68) G. Slack protesting the decision made at the July 22 Modifications meeting regarding the setbacks • approved for Modification #3187, the Corona del Mar /Seniors 5th Avenue building project. (d) To Public Works Department for PW /Jasmine reply, suggestions from Phil Prk Sansone requesting implementation (74) of improvements to the two existing lots in Jasmine Park (resurfacing, restriping, landscaping, lighting and parking meters). (e) Removed from the Consent Calendar. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange: County Local Agency Formation Commission Preliminary Agenda for August 13, 1986. (b) Application No. 86 -07 -041 by Southern California Edison Company, before the California Public • Utilities Commission for authority to reduce its Conservation Load Management Adjustment Billing Factor and to make certain changes to its Conservation Load Management Adjustment Clause Tariff. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Clifford Z. Battelle, Jr., for attele,Jr. alleged property damage to the edge of his driveway, as a result of work done by Flemming Engineering, (under City contract) while improving alley behind 308 Holmwood Drive from June 20 to July 21, 1986. (b) Catherine E. Davies alleging Davies daughter (Margaret) sustained personal injuries and damage to vehicle as a result of being hit by City equipment at 32nd Street and Newport Boulevard on July 17, 1986. • (c) Donald and Barbara Flamm alleging Flamm damage to boat as a result of dredging work done by City contractor in Bay at 224 Grand Canal. on May 24, 1986. Volume 40 - Page 338 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s o 1i S ti 9 ROLL 99 CGS 9G9 y,P.� ca`9l, c�F G`nif+ �F9 F9 $�9 • • MINUTES August 11, 1986 INDEX 316 Late Farm/ rimper right 36) ervot 66) .ibrary Bd ;24) ;ouncil 'xpense (33) iarbor St/ End Impvm ?rgrm /Frndo S Alvrdo P1 -2567 (38) (d) John Von Colin alleging personal injuries as a result of fall on dock while attending show held at Lido Village Waterfront on April 17. 1986. (e) State Farm Ins. Co., for Barbara L. Trimper for property damage to left front bumper area, as a result of her vehicle being involved in traffic accident with City Police vehicle at West Balboa and 40th Street on May 4, 1986. (f) Application for Leave to Present Late Claim of Larry Steven Wright alleging personal effects, etc., at 206 44th Street damaged as a result of oil explosion on August 2, 1985. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Roquin Gervot for property damage and personal injuries, Orange County Superior Court, Case No. 49- 16 -08. Claim was denied by City Council on April 28, 1986. 8. Removed from the Consent Calendar - REQUEST TO FILL PERSONNEL VACANCIES. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Board of Library Trustees memorandum recommending change in By -Laws Amendment regarding Board Meetings. 10. PUBLIC HEARING SCHEDULING: None. 11. CITY COUNCIL TRAVEL AUTHORIZATION AND EXPENSE RECORD - Approve expense records for Philip R. Maurer ($540.20) and Evelyn R. Hart ($526.20) for trip to Monterey to attend League of Cities Conference from July 23 - 25, 1986. 12. HARBOR STREET END IMPROVEMENT PROGRAM /FERNANDO STREET AND ALVARADO PLACE (C- 2567) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11 a.m. on August 28, 1986. (Report from Public Works Department) Volume 40 - Page 339 INDEX 316 Late Farm/ rimper right 36) ervot 66) .ibrary Bd ;24) ;ouncil 'xpense (33) iarbor St/ End Impvm ?rgrm /Frndo S Alvrdo P1 -2567 (38) CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL August 11, 1986 MINUTES IL]f%v 13. RESUBDIVTSION N0. 817 - Approve a Resub 817 Subdivision Agreement guaranteeing (84) completion of the public improvements required with Resubdivision No. 817 (Lot 9, Block 429, Corona del Mar, located at 433 Begonia Avenue on the northwesterly side of Begonia Avenue between First Avenue and Second Avenue, in Corona del Mar); and authorize the Mayor and City Clerk to execute subject agreement. (Report from Public Works Department) 14. SAN DIEGO CREEK SEDIMENT MONITORING 5Diego Crk/ PROGRAM COOPERATIVE AGREEMENT - 3dmnt Mntrg Authorize the Mayor and City Clerk to rgrm CopAgmt execute Contract No. 2441(f) with the /Cnty Orng County of Orange. (Report from Public - 2441(f) Works Department) 38) 15. BALBOA PENI14SULA SEWER REPLACEMENT Balboa Pnsla (C -2497) - Accept the work; and 3wr Rplcm authorize the City Clerk to file a -2497 Notice of Completion and release the 38) bonds 35 days after the Notice of Completion has been recorded, pursuant to applicable portions of the Civil Code. (Report from Public Works Department) 16. USE PERMIT NO. 3039 - Accept the public /P 3039 improvements constructed in conjunction (88) with Use Permit No. 3039; (Lots 43 through 47 and a portion of Lot No. 48, Tract No. 1210, located at 1220 and 1300 West Coast Highway on the northerly side of West Coast Highway, across from the Balboa Bay Club) and authorize the City Clerk to release the Faithful Performance Surety ($4,000 cash deposit, Account No. 02- 217 -02) and the Labor and Materials Surety ($4,000 cash deposit, Account No. 02- 217 -02) in six months, provided no claims have been filed. (Report from Public Works Department) 17. PUBLIC PIER. FLOAT REPLACEMENT (C -2587) - Pblc Pr Flt/ Approve the plans and specifications; Rplcm and authorize the City Clerk to _2587 advertise for bids to be opened at 11 (38) a.m. on August 29, 1986. (Report from Public Works Department) 18. RESUBDIVISION NO. 751 - Accept offer of Resub 751 dedication of a 12 -foot radius corner (84) cutoff at the corner of Begonia Avenue and East Coast Highway (Lot No. 1, Block B, Tract No. 740, a portion of Lot 10, Block 730, Corona del Mar Tract and a portion of an abandoned alley located at 2407 East Coast Highway on the southeasterly corner of Begonia Avenue Volume 40 - Page 340 CITY OF NEWPORT BEACH COUNCIL MEMBERS n s \'P\� S S 9 °f 99�� `°91y �� Rni 1 (`A% �� August 11, 19 86 MINUTES INnF Y and East Coast Highway in Corona del Mar); and approve an encroachment permit for the existing wall and sign located • in the 12 -foot radius corner cutoff area. (Report from Public Works Department) 19. BALBOA PIER RESTROOM (C -2494) - Accept Balboa Pr the work; authorize the City Clerk to Rstrm file a Notice of Completion and release C -2494 the bonds 35 days after recordation in (38) accordance with applicable portions of the Civil Code; and assess liquidated damages in the amount of $6,900. (Report from Public Works Department) 20. SPECIAL PAVING ON PRODUCTION PLACE - Permit /Pavg Approve a permit for special paving (65) installation on Production Place by Hixson Metal Finishing, subject to Public Works Department approval of the design and specifications. (Report from Public Works Department) 21. SPECIAL EVENTS PERMITS - Uphold staff's Permits /Spcl recommendation to approve the following: Evnts (Report from Business License (65) Supervisor) (a) Removed from the Consent Calendar - Application 1186 -168; (b) Application 1186 -188 - Eagles Nest Christian Fellowship use of amplified sound at Gazebo in "A" Street Park, August 29, 1986; (c) Application 1186 -186 - Boy Scouts /Kiwannis Club Mariners Mile Festival, use of amplified sound; and (d) Application 1186 -161 - Harbor High Homecoming approval of fireworks, October 24, 1986. 22. BUDGET AMENDMENTS - For approval: (25) BA -005 - $2,200 Transfer in Budget Appropriations for purchase of computer wheel balance for Automotive Shop; Police - Administrative Fund. • Volume 40 - Page 341 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL p9 'ROLL Gtr August 11, 1986 MINUTES II�I00 0 G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from Dolores Gunert requesting General Sv/ street cleaning services on Balboa Street Swpg Boulevard between 28th and 30th Streets (44) • on the east side, was presented. Motion x Motion was made to refer the subject All Ayes letter to General Services Department for reply, and in addition, that said Department investigate the feasibility of sweeping all street ends on Seashore Drive west of Orange Avenue. 2. Report from the Business License Permit /Spcl Supervisor recommending approval, Evnts subject to conditions listed in the (65) staff report for Special Events Permit Application 1186 -168 for McIntosh Boat pi#86 -168 Show, Lido Marina Village, September 4 - 15, 1986, was presented. Motion x Council Member Strauss pointed out that All Ayes the Police Department has recommended denial of the subject permit, inasmuch as the applicant failed to comply with all the conditions of approval last year, and therefore, moved to approve the Special. Events Permit, with the provision that the memorandum from the Police Department, dated July 3, 1986, • be forwarded to the applicant and that if the conditions set forth therein are not followed at this event, no future approvals of a boat show will be given. 3. Report from the City Manager requesting Personnel certain personnel vacancies be filled, (66) was presented. Council Member Agee made reference to the recruitment for one Animal Control Officer, and stated that he has not seen any Animal Control Officers patrolling in his area. However, he has seen a number of loose dogs and would hope that the animal leash law could be more strictly enforced. Motion x Following the above comments, motion was All Ayes made to: (a) Approve two Police Officers, Patrol Division. (b) Approve one Animal Control Officer, • Patrol Division. (c) Approve one Emergency Equipment Dispatcher, Patrol Division. Volume 40 - Page 342 CITY OF NEWPORT BEACH COUNCIL MEMBERS sA ' F August 11, 1986 o ROLL A MINUTES INDEX H. ORDINANCES FOR ADOPTION: None. • 1. CONTINUED BUSINESS: 1. Request for funding, dated July 21, Finance /TOTx 1986, from the Newport Beach Conference (40) & Visitor Bureau (Distributed to Council only on July 28, 1986) was presented. Request of the City Arts Commission for funding, dated July 28, 1986, was presented. Report from the City Manager regarding the request of the Convention and Visitors Bureau was presented. Recycled reports dated July 28, May 12, and March 17, were presented with copy of proposed Agreement and proposed ORDINANCE NO. 86 -5, being, Ord 86 -5 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 3.16 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO UNIFORM TRANSIENT OCCUPANCY TAR. The City Clerk advised that after the • agenda was printed, a letter was received from Philip Sansone regarding the proposed increase in Transient Occupancy Tax. Council Member Cox stated that when this issue was discussed on July 28, there seemed to be concern regarding how the transient occupancy tax would be spent; what kind of return the City would receive on its investment, etc. This proposal was originally intended for a promotional. campaign to promote tourism, and he felt that the City Council has the responsibility to provide a certain quality of life as well as a variety of services. In order to operate a City, there must be income, and in doing so, the Council. makes certain choices as to how that income is spent. The current transient occupancy tax brings to the City approximately $3,000,000 annually, and if the tax is increased by just 1 %, the income to the City would be • increased which revenue could then be used for such programs as Art in Public Places, McFadden Square, etc. He felt that because of all the circumstances Volume 40 - Page 343 CITY OF NEWPORT BEACH COUNCIL MEM13ERS \CALRALL August 11, 1986 MINUTES INDEX associated with the transient occupancy Finance /TOTx tax proposal, to try and improve the occupancy of the hotels and thus the income as it relates to the City, is a valid proposal and one for the Council • to consider. Motion x Following additional comments by Council Member Cox, motion was made to direct the City Attorney to prepare a revised ordinance, creating a 1% Service Charge to all hotels /motels /rental units, with 1% of said Service Charge to be returned to the City for administrative handling of the Service Charge. Council Member Plummer indicated she was in favor of exploring the idea of a Service Charge, but was unsure if she could support the proposal if the Service Charge is applicable to all hotels, motels, rental units, who are now required to pay the Transient Occupancy Tax. She stated she did not fee]. some of the businesses would benefit from the proposed marketing plan. Council Member Cox stated that he felt everyone in the hotel, motel and rental business would benefit from the promotional program, and that it would not be feasible to exclude certain individuals. Council Member Strauss stated that he did not understand this new approach, and felt it was contrary to the free enterprise system to fund businesses which are having some type of problem. He stated that the vacancy factor in office space is down, advertising businesses are down, and even hospitals are having a "tough" time, but the City does not step in and say "somehow or other, we should bail you out." He stated that: he felt the reason there is a problem is that there are too many hotels in the City, and cited the hotels approved in the last several years. He felt there was a supply problem. With regard to the revenue generated from the Transient Occupancy Tax, when the new hotels were approved, they committed to a certain dollar amount, and now that occupancy is down, they are asking the • City to add a 1% tax or service charge in order to keep their promise. In addition, there are no surrounding cities involved in such a program as the one being proposed, and he would Volume 50 — Page 344 CITY OF NEWPORT BEACH COUNCIL MEMBERS C'0* J'p9 CG�i �G9'S9V'`'S�\P\Gd�� August 11, 1986 MINUTES question why the City of Newport Beach Finance /TOTx be the high - priced operator to bring people here. He indicated he hoped the proposal would not get approved, but if it is approved, he felt it should be on a nominal basis that would match • whatever the hotel people are willing to give. Council Member Hart stated that the Inter - Cities Committee is continuing their review as to whether a regional -type visitors bureau would be appropriate, but are not ready to make a recommendation at this time. She stated that she was not in the "right" frame of mind to approve the subject proposal at this time, and felt that the City already has a great deal to attract many conference-type visitors. With respect to promoting tourism, she indicated the Council should be cautious, and show a certain amount of respect to the residential. community. Mayor Pro Tem Plummer stated that she would like to have more information from the staff relative to "how the service charge will be dispersed, what type of accountability procedure will be • followed, and what type of protection will the City be receiving." - Council Member Agee stated he did not feel the City was "giving" the Bureau something, inasmuch as the Bureau would be giving back to the City, monies in the form of an additional 1% self- imposed occupancy tax or service charge to promote tourism in the City. He felt the proposal would be an asset to the City, increase the occupancy factor, and therefore, the City would have additional revenue to use towards those programs such as Art in Public Places, etc. Jerry King, Member of the Board of Directors of the Newport Beach Visitors and Convention Bureau, addressed the Council and stated that they are basically suggesting a mechanism which they are asking their own industry to tax themselves so that they can take those dollars and turn them around to use them to maintain the healthy industry this City has enjoyed in the • past. Their interest in their proposal is to protect their market share and maintain the same level of service the City has witnessed in its hotels over the years. If the market is overbuilt, Volume 40 - Page 345 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL August 11, 1986 MINUTES ir`r.TM6 4 then it's overbuilt outside Newport Finance /TOTx Beach, and that is why the Bureau is trying to protect their share. With regard to traffic, they are of the opinion that if they do their job properly, they would much prefer to have the visitor residing in the City and using the services here, rather than residing outside the boundaries and traveling by vehicle to get here. Therefore, they feel they can add to the reduction in traffic by having the visitor locate here and use the services within the City. Over the past years, they have had a Bureau that has been funded principally by a very small number of hotels and minor memberships with a budget of $50,000. The Board has now doubled, and expanded the interest of the Bureau to include restaurants, fishing fleets, the museum, hotels, etc., a much more diversed group of visitor serving businesses which have not been served in the past. The hotel industry will pay for the proposed Service Charge, but all the associated industries that enjoy the visitors who come here will have the benefits of an organized Bureau. They do not feel they • will be subsidized if the proposal is approved and they don't dispute that there is a "down- turn" in the hotel industry, regionally. Motion x Following discussion, substitute motion was made to approve a 1% Service Charge, but that 10% of the 1% be returned to the City, and set aside for the Art in Public Places program for the first year, and reviewed each year thereafter with regard to other programs. Mayor Maurer pointed out that the Art in Public Places program has not yet been established by the Council, and therefore, Council Member Agee withdrew that portion of his motion. Discussion ensued, wherein Council Member Hart: questioned who would be administering the ordinance if approved, and suggested this be discussed when the item comes back to the Council. It was suggested by Mayor Pro Tem Plummer that the subject of Art in • Public Planes be placed on a future study session agenda for consideration, to which there were no objections. Volume 40 - Page 346 CITY OF NEWPORT BEACH COUNCIL MEMBERS C'p tP� 9 t 99 �G� 9Gp 99� �9� c�tn ROLL CAL Gtr y�9 August 11, 1986 MINUTES T:I W4 Following discussion, Council Member Finance /TOTx Agee withdrew his substitute motion. Council Member Heather stated that she will support the concept, but would also • hope that some type of commitment be made to the Art in Public Places program, and a commitment to upgrade the City's older hospitality areas. Council Member Strauss questioned the legality of a Service Charge, and asked the City Attorney to look into whether such a charge would jeopardize the City Council from enacting an increase in the Transient Occupancy Tax at a later date. Ayes x x x x x x The motion, as made by Council Member Abstain x Cox, was voted on and carried. 2. BICYCLE TRAILS CITIZENS ADVISORY BT /CAC COMMITTEE: Motion x Motion was made to confirm (District 3) All Ayes Council Member Hart's appointment of Robert F. Cooper to fill the unexpired term of Steve Fobes, ending December 31, 1986. • 3. QUALITY OF LIFE. CITIZENS ADVISORY COMMITTEE: QL /CAC The following motions were made to confirm the following appointments to fill terms ending December 31, 1986: Motion x (District 2) Mayor Pro Tem All Ayes Plummer's appointment of John Vestal to fill the unexpired term of Rosemary Luxton; and Motion x (District 5) Mayor Maurer's All Aye appointment of Phyllis Schneider to fill the unexpired term of Eleanor Baldwin. 4. HARBOR QUALITY CITIZENS ADVISORY HQ /CAC COMMITTEE: Motion x Motion was made to confirm the All Ayes following appointments for terms ending December 31., 1987: District 2 - Tom Orlando District 5 - Tom Houston • Districts 3, 6 and 7 deferred to August: 25, 1986. Volume 40 - Page 347 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL S o si S S 9 q �G9„ 9G,A 99� �9J,ct` ROLL August 11, 1986 MINUTES INDEX 5. Report from Public Works Department PW regarding BEACII RESTROOM REPLACEMENT (74) PROGRAM, was presented. on x Motion was made to continue the item on Ayes August 25, 1986. J. CURRENT BUSINESS: 1. League of California Cities request for Leag CA designation of voting delegate for Cities /Orgnz League Annual Conference October 19 - (61) 22, 1986 in Los Angeles, was presented. Motion x Motion was made to direct the City Clerk All Ayes to complete Voting Delegate Form; and Mayor Maurer was appointed as Voting Delegate, and Council Member Hart as Voting Alternate. 2. Report from Public Works Department Permit /Rtng regarding APPLICATION TO CONSTRUCT A Wall RETAINING WALL IN THE PUBLIC (65) RIGHT -OF -WAY AT 201 SANTA ANA AVENUE, was presented. It was pointed out in the report from the Public Works Department that the staff recommends denial of the subject application based on Council Policy L -6, • which provides that the public rights -of way are to be reserved for public use or open space, and that the rights of the public, present or future, are not to be diminished by the installation of private encroachments within the public rights -of -way. It was felt by the staff that if the wall is constructed immediately behind the curb, sight distance will be decreased for vehicles exiting La Jolla Drive; the possibility of a future sidewalk on Santa Ana Avenue will be eliminated; and cars parked at the curb cannot have their right side doors opened. It was recommended by the staff that the applicant construct the retaining wall on private property with the footing allowed to encroach into the public right -of -way below the elevation of the top of the curb. Thomas Anderson, 201 Santa Ana Avenue, • addressed the Council and stated that he is requesting an Encroachment Permit to build a 6 x 80 -foot retaining wall within 1 -foot of face of the curb on Volume 40 - Page 348 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL \AP ROLL• Gst' y�9 August 11, 1986 MINUTES INDEX Santa Ana Avenue. He stated that the Permit /Rtng reason for his request is to stop Wall erosion of the hillside with a one to one slope, and to stabilize the ground for future remodel. He stated that this • hillside condition exists only at his residence, (located at the bottom of the street) and that all other houses on Santa Ana Avenue along the hillside have walls and stairways on City property. Discussion ensued, wherein the Public Works Director advised that he did have a concern with regard to potential liability with the construction of a substantial structure in the right -of -way. Council Member Hart stated that she visited the site in question and that a few of her concerns pertain to a visibility problem of vehicles traveling on Santa Ana Avenue, and the opening of car doors at the curb, inasmuch as Mr. Anderson's home is located on a corner. Discussion continued, wherein the Public Works Director stated that the staff feels this issue is a private property problem and ought to be solved on • private property. The City Attorney stated that if a Hold Harmless Agreement is required, said agreement would not solve the City's problem of liability for sight distance problems created by a wall adjacent to the curb line. Motion x Following consideration, motion was made All Ayes to allow the applicant a 3 -foot setback. and to approve the construction of the footing of a retaining wall to encroach into the public right -of -way below the elevation of the top of curb, subject to an agreement for nonstandard improvements and hold harmless. K. ADDITIONAL BUSINESS: Motion x 1. Motion was made to schedule a public /P 3213/ Ayes x x x x hearing and City Council review of Use Resub 832/ Noes x x x Permit No. 3213 /Resubdivision No. Traffic Std3 832 /Traffic Study on August 25, 1986. 2. Report from the Marine Department Emergey Ord • recommending an Emergency Ordinance be No. 86 -24 adopted, closing the Grand Canal Channel Grand Canal to through boat traffic between June 1 (51) and September 15 of each year, was presented. volume 40 - Page 349 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL 99 Gss CFA �� y�9 August 11, 1986 Motion Ayes Abstain • Motion Ayes Noes • • MINUTES 86 -24 Permit /Spcl Evnt Apli #86 -195 (65) x Following discussion of the reasons for x x x x x the emergency ordinance, as enumerated x in the staff report, motion was made to adopt Ordinance No. 86 -24, being, AN URGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 17.12.060 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE GRAND CANAL CHANNEL. 3. Report from the Business License Supervisor recommending approval of Special Events Permit Application No. 86 -195, for amplified sound for Ed Zschau on August 17, 1986, at Corona del Mar Main Beach Parking Lot, was presented. x Motion was made to approve the subject x x x x x x application. x Meeting adjourned at 11:00 p.m. a4�- - Mayor Pro Tem ATTEST: City Clerk ®,QT k��WP d ��q Z U F0 If9k Volume 40 - Page 350 86 -24 Permit /Spcl Evnt Apli #86 -195 (65)