Loading...
HomeMy WebLinkAbout01 - 08-09-99August 23, 1999 Agenda Item # 1 * CITY OF NEWPORT BEACH City Council Minutes Study Session August 9, 1999 - 4:00 p.m. A�1 r INDEX ROLL CALL Present: Adams, Glover, Thomson, Ridgeway, Debay, Noyes, Mayor O'Neil Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Debay asked when the results of the DNA Study of Contaminants to Newport Bay (Item #3) would be provided. Assistant to the City Manager Kiff stated that it would depend upon how quickly the State sets the scope of the study and when the contract is received. He added that results could be provided as quickly as three to four months but more likely, it would be next Spring. City Manager Bludau stated that, in Coronado, once the samples were sent to Washington, it took forty days to receive the results. Council Member Ridgeway stated that he would[ be pulling both Items #3 and #12 (City's Response to Orange County Grand Jury's Report Entitled Coastal Water Quality and Urban Runoff in Orange County) at the evening City Council meeting to allow the opportunity for the public to hear a verbal report on the items. Council Member Debay requested that the City Attorney provide background information on the intent of Item #4 (Ordinance Pertaining to Obstructions on Public Property). City Attorney Burnham stated that the ordinance provides the Police Department with a vehicle to prevent the erection of permanent structures. He described a dispute that the Police Department was recently involved in where they discovered that they had no code available to them to enforce a suspected violation. City Attorney Burnham stated that the language of the ordinance could be clarified, but confirmed for Council Member Debay that the Police Department would use discretion. Assistant City Attorney Clauson added that there are already code provisions that deal with different elements of structures on public property. She noted Section 13.20.010 of the proposed ordinance that allows obstructions "otherwise authorized or permitted—by the City Council, City Manager, or this Code ". Council Member Debay asked for clarification on what contributions the City will make pertaining to the LIUNA Pension Fund (Item #9). Assistant City Attorney Clauson confirmed that the LIUNA contract adds no additional costs to the City and that although the City will actually make the payments to LIUNA, it is in lieu of a pay raise for those employees. Mayor Pro Tern Thomson asked if there was an opportunity for the City to reassign the position in the Agreement for Professional Services (Item #10). Volume 52 - Page 636 City of Newport Beach Study Session Minutes August 9, 1999 City Attorney Burnham stated that there was and that language could be added to the agreement to make this clear. Mayor O'Neil suggested that the City Attorney be prepared to come back to the evening meeting with a proposed provision that will allow the City to use the position in another capacity if desired, rather than just terminating. Mayor Pro Tern Thomson asked about the disclosure required for the Sale of City -Owned Property at 204 44th Street (Item #15). City Attorney Burnham could not confirm if the City is liable for the capped oil well or if the entity that created the oil well would have the responsibility. He could confirm that it was the City that capped the oil well. Council Member Ridgeway stated that the person on title for the property holds the responsibility, unless there was an indemnity with the previous titleholder. Mayor O'Neil asked if the liability could be transferred to the new owner. City Attorney Burnham could not confirm if the City would retain liability after the statute of limitations may have expired and stated that other statutes may also apply. Mayor O'Neil suggested that the City should document the sale to make sure the buyer assumes the liability and indemnifies the City, if possible. City Attorney Burnham stated that an agreement could be drafted that protects the City to the maximum extent possible. Council Member Debay confirmed with Assistant to the City Manager Kiff that the abandoned oil well is not directly under the house, but adjacent to it. She further confirmed with Assistant City Attorney Clauson that the disclosure of the oil well would be provided to the buyer and that the City could have the buyer sign a release that they have received the information. Council Member Ridgeway confirmed again that the City can reduce its liability for what occurred in the past, but that it cannot eliminate all liability for possible future leaks or occurrences. Regarding Development Agreement No. 6, CIOSA (Item #17), Council Member Glover informed staff that she would be asking for clarification on the fencing and the bluff top trail at the evening meeting. TRAFFIC SIGNAL PRIORITY PROGRAM. Transportation and Development Services Manager Edmonston stated that the staff report was compiled after staff looked at twenty -three intersections, which were chosen based on specific requests or per staff recommendation. He said that data was collected on each intersection to help make a determination on where traffic signals should be installed. He said that staff narrowed the selection to three intersections that could be built and funded in the current and next fiscal years. Mr. Edmonston stated that three options for completing the work have been provided in the staff report. He summarized that Options One and Two provide for two construction contracts, one in each of the two fiscal years. He said that Option Three would allow for all of the work to be done in the current fiscal year. Mr. Edmonston concluded by mentioning that representatives from the Sea View community were in attendance at the meeting to support the signal at San Miguel & Port Sutton/Yacht Coquette. Volume 52 - Page 637 INDEX Traffic Signal Priority Program (85) 0 City of Newport Beach Study Session Minutes August 9, 1999 Council Member Glover confirmed with Mr. Edmonston that the three signals being recommended did meet at least one of the nationally recognized signal warrants. Mr. Edmonston added that they also met certain point criteria in the technical rankings. He added that six of the twenty -three intersections studied did not meet the warrant criteria. In response to Council Member Glover's question about how the signals that were studied were selected, Mr. Edmonston stated that an accident will often cause a citizen to request that an intersection be studied or staff will study one based on previous reports. Council Member Debay thanked the people in attendance from Sea View for working with the City on the issue and for their willingness to help fund the new signal. Council Member Ridgeway asked for information about the criteria used for the warrants. Mr. Edmonston referred to the last page of the staff report, Traffic Signal Priority Ranking System, and stated that the warrants primarily deal with the volume of traffic on the main street and side street. He said that there are a total of eleven warrants, and although an intersection might not meet the criteria of one warrant, it could meet it for others. Mr. Edmonston confirmed for Council Member Ridgeway that only one warrant needs to be met for it to be determined that an intersection should be looked at more closely and in some cases, it may be recommended that a four-way stop would work better. He explained an example of how the point system would work for an intersection that satisfied Warrant 6, Accident Experience. Mayor Pro Tem Thomson confirmed with Mr. Edmonston that Option Three is more efficient than Option One because only one construction contract would be needed. With this made possible due to a borrowing of the gas tax funds during the current year, Mayor Pro Tem Thomson asked when staff would know the actual cost of completing all three signals. Public Works Director Webb stated that in February, staff usually has a good idea of what projects will be completed during the current fiscal year and whether they will come in as budgeted. Motion by Mayor Pro Tem Thomson to direct staff to proceed with Option Three for the installation of three signals and the upgrade of two signal locations with the funding shortfall to be completed by the processing of a $90,000 budget amendment. Bill Wenke, 2025 Yacht Defender, President of the Sea View Homeowners Association, stated that the Sea View community has been concerned about the San Miguel Qa Port Sutton/Yacht Coquette intersection for many years and finally took official action last year. He thanked the City Council and staff for their support. Council Member Ridgeway asked why the design and construction of a . traffic signal is expected to take eighteen to twenty months. Public Works Director Webb explained that it will take three to five months to complete the design. Then the bidding process will begun and the contract can be Volume 52 - Page 638 INDEX City of Newport Beach Study Session Minutes August 9, 1999 INDEX awarded. He stated that delivery of the poles takes six months, and that the actual installation work will take only two to three months. Council Member Debay asked how it is determined if the signals are set on a cycle or triggered by mechanisms under the street. Public Works Director Webb stated that all the signals that the City installs are vehicle- actuated signals. He added that the decision that the City has to make is if the signals should be inter -tied with other signals. Darrell Chappell, 2007 Yacht Vindex, thanked the City Council and staff for their hard work. Paula Bogenrief, 1908 Yacht Maria, stated that the elementary school that the students from the Sea View community attend is on the other side of San Miguel. She stated that the children population in the development has increased. She stated that some of the parents have decided to send their children to Lincoln instead, and it divides the neighborhood. She encouraged the City Council to vote in favor of the proposed traffic signals. Without objection, the motion carried by acclamation. 3. PLANNING DEPARTMENT PRIORITIES. Planning Department Priorities City Manager Bludau stated that due to the number of projects and the (68) heavy workload in the Planning Department, he wanted to confirm that the department was prioritizing their efforts as desired by the City Council. He • stated that this will provide the City Council with an opportunity to ask questions about the time spent on various projects and give staff clear direction on the City Council's priority planning issues. Council Member Ridgeway stated that the focused general plan amendment on land use and circulation elements in the airport and Fashion Island areas should be looked at specifically and prioritized by the City Council, as related to the Traffic Phasing Ordinance and the recent initiative that was filed. Planning Director Temple stated that preparing the report provided her with a new understanding of the reasons for the heavy workload in her department. Referring to the budget amendment earlier in the year to pay overtime for zoning level plan check reviews, she stated that they thought the need would be for a temporary period only but that they have since discovered that the City is in a period of sustained residential development activity. Planning Director Temple stated that approximately 95% of the department's staff time is spent on sustaining mandatory activities, which does not leave many hours for discretionary issues or projects. She stated that the need to use overtime hours is ongoing because of the deficit of available hours needed for the current workload activity list. She stated that the overtime hours, in most cases, are paid at 1 1/2 times the employee's salary. She asked that the City Council look at the planning program priorities and provide staff with direction. Volume 52 - Page 639 City of Newport Beach Study Session Minutes August 9, 1999 Council Member Ridgeway asked where the department could most use an additional staff member or if it was needed. Planning Director Temple explained that the report was not prepared with that intention, but that it would probably be in the assistant or associate planner level. Planning Director Temple added that the overtime hours utilized per year equal approximately one -half of a full -time position's hours. Council Member Ridgeway referred to the prioritization of the Harbor Element item as "medium" in the staff report. He requested that this item be changed to a "high" priority item. He stated that a harbor element for Newport Bay is critical to managing and understanding the asset. Council Member Debay referred to the Affordable Housing Project in the Projects Not Yet Allocated list and asked if the City isn't required to move ahead more quickly with this effort. Assistant City Manager Wood explained that staff has included the Housing Element as a mandatory activity and could later change the Affordable Housing Project to a higher priority if a developer comes to the City with a project. Council Member Glover thanked City Manager Bludau for beginning the discussion with a clarification as to why the report was before the City Council. She said that she had been confused by statements at previous meetings about the Planning Department being adequately staffed and even able to handle planning issues associated with the El Toro airport if needed. Council Member Glover stated that the Planning Department probably reached its height in the 1970's and that the tone of the department, as it remains today, was set by Jim Hewicker. She stated her concern about all the new projects and recommendations, and that the City should remember the leaner times and that they could return. Council Member Glover referred to the outline prepared by the Planning Commission General Plan Update Committee in the staff report. She asked why the City would be looking at Newport Tomorrow, a process put together in the 1960's. Planning Director Temple stated that Newport Tomorrow is a detailed assessment of the vision for Newport Beach. She added that she refers to it every year or so, and tries to use it to the greatest extent possible. Council Member Glover stated that she feels that policy issues should be addressed by the City Council at the time the General Plan Amendment is done, which she understands to be a couple years away. Planning Director Temple confirmed that the City Council did decide not to pursue a Comprehensive General Plan Update for two years, but the Planning Commission is recommending that certain issues be focused on prior to that update. Council Member Glover stated her concern that not everything can be done now, and she feels that Newport Tomorrow would be better done in conjunction with the General Plan Update. Council Member Glover also asked when it was decided to do the Economic Development element, as listed in the outline. Planning Director Temple stated that it has only been suggested as a consideration, and the final . decision would be made by the City Council. Council Member Glover asked for staffs position on the Local Coastal Plan Volume 62 - Page 640 INDEX City of Newport Beach Study Session Minutes August 9, 1999 INDEX (LCP), listed in the outline under Land Use and Circulation Elements. Planning Director Temple stated that staff would not want to bring the certification process to the City Council, unless circumstances changed with the Coastal Commission. Assistant City Manager Wood added that another issue, in addition to the certification of the LCP, is the review of the planning for the coastal zone and that staff would recommend that this be done. She stated that this would be a review and update of the land use plan portion of the LCP. Council Member Glover asked what staff would recommend as the priorities. Planning Director Temple stated that the report was put together with the desire to receive input from the City Council, and that staff may not be able to accomplish all of the priorities in the current fiscal year. Council Member Glover stated that her priorities would be the airport and annexation, while taking care of the daily business. She asked what the involvement of the Planning Department would be if annexations were accomplished. Planning Director Temple confirmed that planning consultants would possibly be used, depending upon the timeframe of the requests. She added that an annexation would also increase the daily routine work in the Planning Department. Council Member Glover asked how the processing of the development documents would occur. Planning Director Temple stated that, in the case of Newport Coast, the planning documents used by the County are similar to the City of Newport Beach's and shouldn't cause a great burden to City staff. She added that the Banning Ranch and Santa Ana Heights areas may require additional work for document checking. Council Member Noyes agreed with Council Member Glover that the City Council should be realistic, and that he'd like to be more specific with the number of hours spent on each of the activities. He referred to the 600 hours allocated to BID Administration and 100 hours to Balboa Peninsula Sign Regulations. He stated that he thought the BID Administration was going to be outsourced but regardless, the priorities should be for those programs that benefit the citizens. Assistant City Manager Wood stated that only 100 hours is allocated to the review of the sign regulations because a consultant is actually drafting the document. She added that the BID Administration estimate takes into consideration the use of a consultant, but that the hours of the consultant also benefit the Administrative Services Department. Council Member Noyes stated that he still sees hours that seem unrealistic, referring to CDBG Administration, Economic Development Strategic Plan and Image Enhancement as being too high, and Code Enforcement as being too low. He suggested that the Economic Development Committee could possibly work on the Strategic Plan and the Planning Department could concentrate on code enforcement more. Council Member Noyes added that he'd like to look at the sign ordinance for the entire City, rather than just the Peninsula. Assistant City Manager Wood stated that the study of the Peninsula is already pretty far along, and that adding the entire City would slow things down by several months. Council Member Noyes stated that, even with the delay, looking at the entire City at once might still be the way to go. Planning Director Temple added Volume 52 - Page 641 City of Newport Beach Study Session Minutes August 9, 1999 that comprehensive sign code updates can be very controversial and her goal by handling the Peninsula first is to make it a model for the rest of the City. Council Member Ridgeway stated that maybe the older parts of the City, such as Corona del Mar and Balboa Island, could be incorporated into the Peninsula study. He stated that the newer planned communities often have their own sign regulations. Council Member Glover stated that if different parts of the town are truly unique, maybe a different sign program for each would be more appropriate. Council Member Noyes clarified that he was not suggesting that the entire City have the same sign ordinance, but that it might be beneficial to look at the entire City at the same time and possibly develop some general regulations that would apply City -wide. Council Member Debay asked if the number of code enforcement officers is sufficient. Assistant City Manager Wood stated that currently there are three code enforcement officers, two in Planning and one in Building, and that other employees also perform code enforcement duties. Planning Director Temple stated that staff is preparing a report on the assessment of the administrative citations ordinance and long -term revenue stream predictions. She stated that the report may point to available funding for a part -time code enforcement officer. City Manager Bludau stated that the City is currently only responsive to complaints and issues, and it would be a policy decision to become more pro - active. Assistant City Manager Wood clarified for Council Member Debay that the report of Residential Building Records (RBR) is still mandatory, but the seller can decline the inspection by informing the prospective buyer of this and providing proof to the City that he has done so. She added that although there may have been an isolated complaint from an individual, the Board of Realtors is very happy with the City's program. Mayor Pro Tern Thomson confirmed with Assistant City Manager Wood that the seller can decline the primary inspection as well as any secondary inspection, with the buyer's consent. Mayor Pro Tem Thomson stated that he feels that the code enforcement efforts should be increased, and he cited not parking cars in garages and illegal real estate signs as examples. Council Member Glover stated that the philosophy of the City has been that codes are not enforced unless a complaint is submitted. She stated that if the City Council wants to change this, they need to let the City Manager know. She requested that the City Manager prepare a set of priorities from the information received from the City Council at the current meeting, and present it at the goal setting session in September. Motion by Council Member .lover to agendize the item for further direction at the City Council's September 18, 1999, goal setting conference. In response to Council Member Noyes' concern about delaying direction to Volume 62 - Page 642 INDEX City of Newport Beach Study Session Minutes August 9, 1999 INDEX staff, City Manager Bludau stated that the Planning Department can proceed as they have been until that time. He added that the hours spent on each activity and project, as presented in the report, are the best guesses of the department. He stated that the department is looking to the City Council for direction on whether the hours spent on each activity are consistent with the priorities of the City Council. Council Member Noyes stated that the code enforcement that is being done is being done well, but sometimes the code enforcement officers are difficult to reach. Mayor O'Neil summarized some of the previous comments, and agreed that there are a lot of activities and projects that are worthy of consideration but the City Council needs to decide which can be done and how much time should be spent on each. Council Member Noyes suggested that less time should be spent on BID and CDBG Administration and more time on Code Enforcement, and less time on the Economic Development Strategic Plan and Image Enhancement and more time on Sign Regulations. Mayor O'Neil agreed that the issue of prioritizing the Planning Department's activities is a large one and may not be possible at just the current meeting. He said he supported the motion made by Council Member Glover. Council Member Debay suggested that if the issue will be discussed at the goal setting conference, that the Planning Commissioners should be invited to attend that meeting. Planning Commission Chairman Ed Selich stated that the goal of the Planning Commission subcommittee in preparing the outline on the General Plan Update was to provide the City Council with a roadmap of how to accomplish a general plan update and what elements should be included. He stated that Newport Center was the subcommittee's top priority, followed by the airport area. He stated that they wanted to have the results of a total comprehensive general plan without doing a complete overhaul and amendment to the entire general plan. He said that the subcommittee felt that most areas in the City do not need a change in their general plan elements. Mayor O'Neil agreed and stated that the City Council had already provided this direction to the Planning Commission. He added that setting the priorities of the Planning Department's activities is a huge task and not one that is easy to accomplish. Council Member Debay stated that she did not realize, and does not know that she agrees, with doing a telephone survey to find out what the community wants done with Newport Center. Chairman Selich stated that it was decided that a telephone survey would be an efficient way to receive scientific, helpful input and initial reactions from the public about the future of Newport Center. Council Member Debay disagreed that a poll of public opinion is scientifically accurate. Chairman Selich stated that the general direction is to get people's feelings about Newport Center and how they see it Volume 52 - Page 643 0 City of Newport Beach Study Session Minutes August 9, 1999 functioning. Council Member Debay suggested that the City Council meet with the Planning Commission or the subcommittee, and stated her concern that public input of that nature could be detrimental to the process and possibly to the existing property owners. City Manager Bludau stated that his intent in presenting the report on the Planning Department priorities was to provide a snapshot of where the department is spending its time currently and receive input on how it should utilize its resources to accomplish the priorities of the City Council. Mayor O'Neil understood that the exercise of looking at the broad picture of the projects and priorities is useful, but he would prefer a recommendation from staff on how to run the department. Council Member Glover stated her agreement with Council Member Debay's comment that the City Council needs to work more closely with the Planning Commission, with the telephone survey providing an example of something the City Council was not aware of and may not agree with. Mayor O'Neil stated the City Council's appreciation of the Planning Commission's efforts. Council Member Noyes stated his support of the Commission also. The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: None 4. MOORING RATES WITHIN THE CITY OF NEWPORT BEACH. Deputy Fire & Marine Chief Melum stated that representatives of the Newport Mooring Association were present at the meeting. Deputy Chief Melum stated that the staff report deals with the 750 offshore moorings in the harbor, which float over the State tidelands for which the City is the trustee. This requires the City to establish leases and permit rates which are reasonably consistent with those charged for similar locations, values and uses. Deputy Chief Melum stated that in 1974, through an audit conducted by the State, it was advised that the City adjust its rates from $1.20 per foot per year to $6.00 per foot per year. In 1976, the City made the recommended adjustment and over the years, has adjusted the rate based on the Consumer Price Index (CPI). He stated that today, the rate is $20.00 per foot per year, with the last adjustment made in 1994. He stated that since the last adjustment, the CPI has increased 9.30A. Deputy Chief Melum stated that another consideration that needs to be made is whether the City is charging an appropriate amount based on what other harbors in the state are charging for offshore moorings. He referred to Exhibit A in the staff report, Annual Mooring and Slip Rate Comparisons by Volume 52 - Page 644 INDEX Mooring Rates (61) City of Newport Beach Study Session Minutes August 9, 1999 IO1]o1:1 Region, and stated that the rates of moorings and slips as well as the ratio between the two should be looked at. The graph pointed out that the City of Newport Beach is among the highest in the State for both. Deputy Chief Melum stated that another issue to consider when deciding whether to adjust rates is to look at the type of amenities that are provided. He referred to Exhibit B which listed the same harbors and showed that the City of Newport Beach offers very few amenities, in comparison to the others. Deputy Chief Melum referred to Exhibit C, Tideland User Fee Comparison, and stated that it illustrates that there is a major difference in what the tideland users pay but that there is also a major difference in the capital outlay and costs. In conclusion, Deputy Chief Melum stated that the City has typically adjusted the mooring rate based on the CPI, but that Newport is higher than adjacent harbors. He stated that amenities provided should be addressed and is already being looked at by the Ad Hoc Harbor Committee. Lastly, he stated that the slip fees were recently adjusted and are at market, but that the mooring rates are below market. He added that staff is preparing a report on the commercial fees, and will also ask that the City Council look at the residential fees in the future. Council Member Noyes asked about the other maintenance costs associated with the moorings. Deputy Chief Melum stated that moorings are required to be inspected and repaired every two years, which usually costs $300 to $400 and is paid for by the mooring permittee. Council Member Noyes stated that Exhibit B clearly illustrates that the City of Newport Beach provides little in the way of amenities. He asked for further information on what the Ad Hoc Harbor Committee has considered. Deputy Chief Melum stated that dinghy storage would be a great benefit to the mooring owners, and that there might be a possible opportunity with the Marina Village or American Legion sites, as well as appropriate public beach locations. He added that public parking has been another consideration of the Committee and might be made more efficient for the mooring owners through some type of parking pass. In response to Council Member Noyes' suggestion, Deputy Chief Melum stated that the parking lot at the Yacht Basin is now full most every weekend. Council Member Noyes suggested that those parking spots might be better utilized for dinghy storage, and confirmed with Deputy Chief Melum that no fee is currently charged for parking in the lot and that mainly tenants of the Yacht Basin use it. Deputy Chief Melum clarified for Council Member Ridgeway that of the 1200 moorings in the harbor, approximately 450 are onshore moorings and the remaining 750 are offshore moorings. He added that each offshore mooring is designated with a specific maximum length and that length is what the rate is based on. The length is determined by the size of the mooring area and the weight that is used. He stated that the City used to bill by boat length. He added that under the current billing method, the approximate average length billed is 35 to 45 feet. Volume 52 - Page 645 City of Newport Beach Study Session Minutes August 9, 1999 Mayor Pro Tem Thomson asked about the vacancy factor. Deputy Chief Melum stated that all of the 750 offshore moorings are full, with a waiting Est of 20 to 30 years. He stated that the Harbor Patrol fills temporarily vacant moorings with transient boats at a per night charge. Council Member Adams stated his awareness of the waiting list and suggested that the City might want to charge full market rate for those owners that come off of the waiting list. Deputy Chief Melum stated that only one or two owners come off of the waiting list per year due to the fact that the moorings can be transferred with the sale of a boat. He added that some regions have a transfer fee, and that the City of Newport Beach has considered this. For Council Member Noyes, Deputy Chief Melum stated that the total revenue is almost $700,000 per year, with offshore moorings accounting for approximately $540,000 of that total. Clive Towndrow, 1463 Villa Cardiff Drive, Cardiff, President of the Newport Mooring Association, stated that the Newport Mooring Association (NMA) was formed when the City changed its accounting method for billing mooring permittees from boat length to mooring length. He stated that the NMA Board studied the issue of tidelands administration, prepared a full report and found that the City of Newport Beach is charging more than other moorings in the harbor as well as up and down the coast. Further, he stated that they were paying more than what the CPI increases would have totaled . had the method not changed. He added that the staff report is trying to compare Newport's rates to others when Newport charges per mooring foot not boat foot and when Newport doesn't offer the amenities of the other regions. Mr. Towndrow stated that in addition to studying mooring rates, the NMA has also been active in working with the City on such things as the derelict boat ordinance, participating on the Ad Hoc Harbor Committee and providing input on water quality issues. In conclusion, he requested that the mooring fees be reduced. Council Member Ridgeway informed Mr. Towndrow that the City Council is probably not in possession of the report prepared by the NMA and that it was not included in the staff report. Council Member Adams stated that it would be difficult to decrease the mooring rates when they are 100% occupied. He did agree that the amenities offered by the City should be enhanced, particularly in the area of dinghy storage, and he was anxious to hear what the Ad Hoc Harbor Committee would be suggesting. Lastly, Council Member Adams stated that he'd like the City to change the way it transfers moorings to those on the waiting list. Council Member Noyes suggested that the City Council might want to consider leaving the rates as they are, but setting aside a portion of the current fee to apply to amenity enhancement in the future. . Council Member Ridgeway stated that the City is currently at about a 50% deficit on all tidelands administration and probably shouldn't be setting aside money for amenity enhancements. He stated that dinghy storage is Volume 52 - Page 646 INDEX City of Newport Beach Study Session Minutes August 9, 1999 INDEX difficult because the City does not own any upland parcels. Council Member Debay confirmed with Deputy Chief Melum that the County charges differently than the City. She further confirmed that a comprehensive study of the tidelands is only in its beginning phases, and expressed her opinion that it might be better to make any adjustments to the fees once the study is completed. Council Member Debay stated that in Tahoe a service is provided to drive people to their boats. Deputy Chief Melum stated that this idea could be looked at by the Ad Hoc Harbor Committee in conjunction with the water taxi concept that is already being discussed. Council Member Glover asked why transfers of moorings are even allowed, and she asked the City Attorney if this was improper use of tidelands. City Attorney Burnham stated that amendments were considered by the City at one point to prohibit transfers, but the issue was protested by a great number of mooring owners and not pursued further. City Attorney Burnham stated that rules have been adopted related to seaworthiness of vessels assigned to moorings. Mayor O'Neil summed up the City Council's direction to staff by stating that the rates should not be adjusted at this time, but that amenities should be looked at and included in the comprehensive report that is being prepared. PUBLIC COMMENTS Council Member Noyes read an excerpt from a letter from Supervisor Tom Wilson to the Chairman of the Orange County Board of Supervisors. He stated that with some minor editing, someone could have some fun with the letter. He gave the letter to the City Attorney. ADJOURNMENT — 6:00 p.m. The agenda for the Study Session was posted on August 4, 1999, at 4:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayor City Clerk Volume 52 - Page 647 CITY OF NEWPORT BEACH City Council Minutes DRAFT Regular Meeting August 9, 1999 - 7:00 p.m. INDEX — 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 — Council Member Noyes. Invocation by Bishop Mike Browning, Newport Beach Stake - Church of Jesus Christ of Latter -Day Saints. Groundwater Replenishment System Presentation by William R. Mills, General Manager, Orange County Water District.. Council Member Debay is requested that a resolution supporting the groundwater replenishment system be placed on the August 23 agenda. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- • Council Member Ridgeway requested that the Balboa Pier parking study and the Parking Management Plan be agendized for a study session and subsequently for a regular meeting. • Council Member Ridgeway requested that charter boat regulations, parking, mooring, and noise compliance be reviewed at a future study session. • Council Member Noyes requested that a resolution be placed on the August 23 agenda regarding the Santa Ana River Watershed Authority. • In response to a letter in the Daily Pilot, Council Member Noyes stated that the Balboa Bay Club remodel will provide more public access to the Club. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING O]F JULY 26, 1999. 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 Volume 52 - Page 648 Groundwater Replenishment (69) City of Newport Beach City Council Minutes August 9, 1999 to read by title RESOLUTION FOR ADOPTION 3. Removed at the request of Council Member Ridgeway. ORDINANCES FOR INTRODUCTION 4. ORDINANCE ADDING CHAPTER 13.20 TO THE NBMC PERTAINING TO OBSTRUCTIONS ON PUBLIC PROPERTY. Continue to August 23, 1999, to afford the City Attorney more time to rewrite the ordinance. 5. ORDINANCE AMENDING CHAPTER 5.50 OF THE NBMC PERTAINING TO MASSAGE ESTABLISHMENTS. Introduce Ordinance No. 99 -21 and pass to second reading on August 23, 1999. 6. ORDINANCE ADDING CHAPTER 1.55 TO THE NBMC PERTAINING TO UPPER NEWPORT BAY RECREATION AND SCENIC TRAIL. Introduce Ordinance No. 99 -22 and pass to second reading on August 23, 1999. ORDINANCES FOR ADOPTION ALARM ORDINANCE CHANGES AND ASSOCIATED FEES. Adopt Ordinance No. 99 -19 amending Chapter 5.48 (Telephonic Alarm System) and Chapter 5.49 (Burglary- Robbery -Fire Alarm Systems) of the NBMC. 8. BALBOA BAY CLUB, 1221 WEST COAST HIGHWAY — AN AMENDMENT TO CHANGE THE DEVELOPMENT LIMITATIONS OF THE EXISTING PLANNED COMMUNITY DISTRICT REGULATIONS TO CORRECT AN ERROR IN THE ORIGINAL CALCULATION OF THE BUILDING SIZE ASSOCIATED WITH THE PREVIOUS APPROVAL, AS WELL AS TO ALLOW AN INCREASE IN THE SIZE OF THE HOTEL FACILITY TO PROVIDE ADEQUATE BUILDING SUPPORT AREAS, ATHLETIC FACILITIES, AND MEETING SPACE. ALSO INCLUDED IN THE AMENDMENT ARE PROVISIONS TO ALLOW THE HEIGHT OF THE BUILDING TO BE MEASURED FROM THE AVERAGE GRADE OF THE SITE, AND TO ALLOW THE PLANNING COMMISSION TO APPROVE ARCHITECTURAL FEATURES WHICH EXCEED THE BASIC HEIGHT LIMIT. Adopt Ordinance No. 99 -20 approving amendments to the Planned Community District Regulations for the Balboa Bay Club. CONTRACTS AND AGREEMENTS 9. LIUNA PENSION FUND. Approve City Key and Management employees participation in the LIUNA Pension Plan; authorize the Mayor to sign the Amendment to the MOU with the City Employees Association (CEA); and authorize the City Manager to sign the Standard Form Participation Agreement and other documents required to implement the City's participation in the LIUNA Pension Fund for CEA employees and Key and Management personnel. Volume 52 - Page 649 TI -iw.1 Public Property Obstructions (70) Ord 99 -21 Massage Establishments (27) Ord 99 -22 Upper Newport Bay (51) Ord 99 -19 Alarm Systems (40/70) Ord 99 -20 Use Permit 3524 Balboa Bay Club/ 1221 W. Coast Hwy. (38) C -3288 C -2059 LIUNA Pension Fund/CEA and Key & Management (38) City of Newport Beach City Council Minutes August 9, 1999 INDEX • 10. AGREEMENT FOR PROFESSIONAL SERVICES. Authorize the City C -3300 Manager to sign Professional Consulting Agreement with Peggy Ducey to Peggy Ducey /OCRAA serve as Executive Director of the Orange County Regional Airport E1 Toro Airport Authority (OCRAA). (38/54) MISCELLANEOUS ACTIONS 11. 12. 13. 14. 15. PLANNING COMMISSION AGENDA FOR AUGUST 5, 1999. Receive Planning and file. (68) Removed at the request of Council Member Ridgeway. MITIGATED NEGATIVE DECLARATION FOR DAHLIA/FERNLEAF SLOPE REPAIR (C- 3157). Adopt the Mitigated Negative Declaration for Dahlia/Fernleaf Slope Repair. Removed at the request of Council Member Ridgeway. SALE OF CITY -OWNED PROPERTY — 204 44TH STREET. Authorize the sale of City -owned property at 204 44th Street for $430,000. Motion by Mayor Pro Tem Thomson to approve the Consent Calendar, except for those items removed (3, 12, and 14). The mot Ayes: Noes: Abstain: Absent: ion carried by the following roll call vote: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil None None None ITEMS REMOVED FROM THE CONSENT CALE NDAR S. DNA STUDY OF CONTAMINANTS TO NEWPORT BAY — APPROVAL OF PRELIMINARY SCOPE OF WORK AND AUTHORIZATION TO APPROVE CONTRACT. 12. CITY'S RESPONSE TO ORANGE COUNTY GRAND JURY'S REPORT ENTITLED COASTAL WATER QUALITY AND URBAN RUNOFF IN ORANGE COUNTY. Regarding Item 3, Assistant to the City Manager Kiff reported that the City will use $175,000 of State funds to conduct DNA fingerprinting of contaminants in Newport Bay. He reported that there are occasional high coliform readings, which designates the presence of pathogens, and that the study will help determine what is causing the contaminants and assist in determining how to deal with the problem. He reported that the Harbor Quality Committee expressed their support of the study on Thursday. In response to Council Member Glover's questions, Mr. Kiff confirmed that the City is responsible for limiting coliform levels (TMDL limits) that come down the storm drains and stated that the DNA study will help characterize the coliform and meet the TMDLs. Volume 52 - Page 650 C -3157 Slope Repair (38) 204 44th Street (73) C- 3263/Res 99 -56 Newport Bay DNA Study (38/51) OC Grand Jury/ Water Quality & Urban Runoff (51) City of Newport Beach City Council Minutes August 9, 1999 Council Member Glover stated that she serves on the Executive Water Committee and expressed concern about what the TMDL limits will mean to the City. She believed that this could become a tremendous financial burden for the City if it cannot meet the TMDL limits, and that all watershed entities should be responsible. She believed that periodic testing should be conducted to determine what is going into the Bay from upstream. Noting that Council tried to pass an ordinance banning the feeding of birds, Council Member Ridgeway stated that this test could also determine if birds are the cause of the coliform levels. Regarding Item 12, Assistant to the City Manager Kiff reported that the Orange County Grand Jury studied the issue of urban runoff/discharge from the storm drains and sent a report which requested a response from the City. He agreed with the Grand Jury's analysis that there is a lack of public education about what ends up in the oceans and bays. He indicated that the City is trying to work with the upstream cities and reported that the City's street sweeping program has helped in the clean -up effort. City Manager Bludau added that the Orange County Grand Jury sent this report to other cities for feedback. Motion by Council Member Ridgeway to approve, in concept, proposed Scope of Work for DNA Study, and adopt Resolution No. 99 -56 authorizing the Mayor to approve a future contract with the California Regional Water Quality Control Board (Santa Ana Region) for a DNA study of contaminants to Newport Bay based on the approved Scope of Work (Item 3); and authorize the Mayor to sign a letter responding to the Orange County Grand Jury's report (Item 12). The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: None 14. PUBLIC INPUT ON LONG RANGE PLANNING FOR NEWPORT CENTER. Council Member Ridgeway expressed the opinion that spending $20,000 for a non - scientific study is an improper use of funds and an improper way to plan. Further, the questions in the survey are very subjective and misleading, and consequently may result in Fashion Island being expanded through the conduct of a telephone interview. Motion by Council Member Ridgeway to deny the contract for survey work. Council Member Adams stated that, if Council denies this, the Planning Commission should know that Council understands their desire to get community feedback but that they may want to do this in a different way. He believed that the Planning Commission's efforts to work on a long term Newport Center comprehensive plan is good and that they do need community input. Volume 52 - Page 651 INDEX Newport Center (68) • City of Newport Beach City Council Minutes August 9, 1999 INDEX • Substitute motion by Council Member Noyes to bring this back in 30 days in order to give the Planning Commission the opportunity to adapt to Council comments and concerns. Assistant City Manager Wood expressed concern regarding the 30 day continuance since they are trying to move this project along quickly, as directed by Council. Council Member Noves amended his substitute motion to bring this back in two weeks in order to give the Planning Commission the opportunity to adapt to Council comments and concerns. Council Member Noyes stated that the Planning Commission has worked hard on this and that he does not want them to lose their motivation on the concept. Council Member Glover stated that Council asked that Urban Design come up with a design concept for Fashion Island. She indicated that involving the community is a long term process and believed that true involvement cannot be reached in a short period. She stated that she will not support anything that is rushed. She expressed the opinion that this is inappropriate and that the information would not serve a good purpose. Council Member Debay stated that she will be supporting the substitute motion even though she is not supportive of the telephone survey. She . indicated that she is willing to look at this again in two weeks and added that she does not want to discourage the overall concept -of doing a partial general plan amendment for Newport Center. The amended substitute motion carried by the following roll call vote: Ayes: Adams, Thomson, Debay, Noyes Noes: Glover, Ridgeway, Mayor O'Neil Abstain: None Absent: None PUBLIC COMMENTS • Clive Towndrow, President of the Newport Mooring Association, stated that the members of the Mooring Association are upset with the fees that are being charged for offshore moorings. Sara Jane Towndrow, Past President and now Treasurer of the Newport Mooring Association, stated that she spent money to inform the members that the mooring issue was going to be on the regular agenda, not the study session agenda. Mayor O'Neil indicated that she can contact the City Manager to have this issue placed on a future agenda. Ms. Towndrow stated that they are looking for a fee structure that is not based on what the City charges for a boat slip. • Bob Pone, 5314 West Henderson Place, reported that he initially paid $12/foot for his mooring, but is now paying $20 /foot. He asked where the taxes are going and if they benefit the mooring owners. He noted that there are no facilities for the mooring owners and that a bathroom would be nice. He emphasized that he Volume 52 - Page 652 City of Newport Beach City Council Minutes August 9, 1999 is wanting fair rates, believing that there is a 90 percent difference between what he is paying and what others are paying for docks and shore moorings. Tim Lewis, 2075 Harbor, stated that he has been a mooring permittee for ten years and that he recently returned from a boating trip to Sacramento where he visited many harbors and marinas. He believed that his Newport Beach mooring is the best value to store his vessel, even though he pays half the amount at another location. He stated that the Newport Mooring Association does not represent him and others he knows and that, even though they would like to pay less, they realize they could be paying more. Mr. Lewis expressed the opinion that the City has been fair and that the work in determining the rates was well done and accurate. He requested that he also be invited to participate in the study if the Newport Mooring Association is invited. Don Holly, 14712 Buckingham Place, Tustin, stated that he spent most of his youth working in the boating environment and has been a mooring permitee for the past four years. He expressed the opinion that Newport Harbor is one of the most unfriendly harbors in terms of amenities. He believed that the staff report is false because Exhibit A makes a comparison between slip rates, which are private property, and mooring rates, which are public property. He noted that Exhibit B tries to compare the amenities in Newport Harbor and other harbors, but noted that there are none. Mr. Holly expressed the opinion that staff should do an analysis with the revenues that are generated from mooring fees and then compare them with other ports. Council Member Debay stated that Council realizes that the amenities are few, but explained that there are no places for the City to put in dinghy storage since it does not own the uplands. She reported that including a parking permit to go with the mooring permit was discussed during the study session. She stated that a study is being conducted and clarified that the slips that were included in the staff report were public slips, not private slips. She believed that a mailing should go out before this comes back to Council. PUBLIC HEARINGS 16. 1999 WEED ABATEMENT PROGRAM. Mayor O'Neil opened the public hearing. There being no public testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Glover to adopt Resolution No. 99 -57 ordering the Fire and Marine Chief to abate weeds and other nuisances identified to be existing upon streets, alleys, sidewalks, parkways, and private property within the City; and schedule a public hearing on October 25, 1999, to confirm assessments against those properties cleaned by the City. The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Volume 52 - Page 653 ZF113F.9 Res 99.57 Weed Abatement (41) I* 0 0 City of Newport Beach City Council Minutes August 9, 1999 Absent: None 17. STATUS REPORT ON DEVELOPMENT AGREEMENT NO. 6 (THE IRVINE COMPANY, CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT [ CIOSA] (contd. from 7/12/99). Mayor O'Neil opened the public hearing. Assistant City Manager Wood stated that the CIOSA development agreement was carried over because of some questions regarding the landscaping and fence work at the Castaways. She indicated that staff has worked with the project developer and that a number of things have been done to correct some of the problems. She reported that there is compliance with the development agreement. Referencing page 3 of the staff report, Council Member Glover expressed the opinion that the fence is inferior and asked if the City will accept such a fence from Taylor Woodrow. Ms. Wood reported that none of the conditions for approval specified the type of fence to use and that the City approved the fence that was installed. Council Member Glover believed that the assumption was that Taylor Woodrow would give an appropriate fence that meets City standards and that they should respect the community enough to provide decent fencing. City Attorney Burnham indicated that the City cannot deny the development agreement based on the fence issue. However, he noted that the City has not yet accepted the maintenance responsibility for all improvements and landscaping and indicated that it is the City's intent.to discuss the fence issue with Taylor Woodrow. City Manager Bludau recommended that this item be tabled until the City can have discussions with Taylor Woodrow. In response to Council Member Glover's statement that she will not support this until Taylor Woodrow provides decent fencing, Council Member Ridgeway indicated that the City has not yet accepted this and that the City has until 2001 before it accepts the improvements. He clarified that tonight's action is to indicate that Taylor Woodrow is in compliance with the landscaping. A.J. Jarvis, Development Manager for Taylor Woodrow, 20466 Ridge Route Drive, Laguna Hills, stated that they have commenced the remedial work along the bluff top for the removal of saltbush, as recommended by their environmental consultant, and that they will continue to do this over the next three to four weeks. He indicated that Taylor Woodrow is in agreement with staffs recommendations regarding the revegetation of the Castaways bluff top. However, he took issue with the recommendation that Taylor Woodrow maintain responsibility until the overgrowth of the saltbush is under control and replanting has been successful, noting that it could take about two years before the plants grow. Mr. Jarvis stated that Taylor Woodrow requests that the maintenance responsibilities be immediately transferred to the City following the trimming; of the saltbush and the replanting of the new specie. He explained that Taylor Woodrow has met, and sometimes exceeded, the revegetation planting; therefore, is in compliance with the Coastal Development Permit (CDP) and the EIR mitigation measures. He noted that much of the trampling /damage that Volume 52 - Page 654 INDEX C -2920 Development Agreement No. 6 CIOSA (38) City of Newport Beach City Council Minutes August 9, 1999 occurred was a result of the City's request to have the chain link fence removed. He indicated that he sent correspondence and a report from LSA to Development Engineer Hoffstadt that stated that Taylor Woodrow was strongly opposed to the removal of that fence. Mr. Jarvis stated that Taylor Woodrow erected a fence that was designed to be viewed through and was not intrusive. He stated that they spent $14,000 to $20,000 to replace the fence, but indicated that he will go back to Taylor Woodrow to let them know what Council Member Glover's views are and then meet with Public Works later in the week. Council Member Glover stated that she has been receiving emails and calls regarding the fence from people who purchased Taylor Woodrow homes and expressed concern for those who are looking at these fences. She indicated that she understands the problem with the trampling of the vegetation, but stated that, until the area establishes itself, everyone is needing to replant. Mr. Jarvis reported that the titles for those areas have been conveyed to the City. Further, the City accepted the trail and that the fence probably falls under the definition of the trail. He indicated that he is the President of the Castaways Homeowners Association and that he has not received any calls. Council Member Ridgeway referenced page 3 and stated that Taylor Woodrow technically does not have to provide a new fence and reiterated that Mr. Jarvis indicated that they will work to provide an adequate fence. He pointed out that Taylor Woodrow has not provided fencing to the island area and, therefore, are not in full compliance and the City cannot receive the dedication. Council Member Ridgeway noted that the saltbush has not been eradicated and that this also shows that they are working towards compliance even though they are not currently in compliance. There being no further testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Rid¢ewav to continue this item for 30 days. The motion carried by the following roll call vote Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: None 18. BLOCKBUSTER VIDEO SIGN (MARK FRANK, CONTACT PERSON), 3007 EAST COAST HIGHWAY — REQUEST TO PERMIT THE INSTALLATION OF A ROOF SIGN ON A NEW PARAPET WALL WHERE THE CODE LIMITS ROOF SIGNS TO BUSINESS LOCATIONS THAT PRECLUDE THE EFFECTIVE USE OF A POLE SIGN, GROUND SIGN OR PROJECTING SIGN. Planning Director Temple stated that, at the July 22 Planning Commission meeting, the applicant offered a reduced sign size as one of the options. The Planning Commission approved the proposed logotbroken ticket sign with a size limitation of 4 -feet by 8 -feet. Volume 52 - Page 655 ` Ii�I17a1:1 Modification 4879 Blockbuster Video Sign (94) 0 11 City of Newport Beach City Council Minutes August 9, 1999 . In response to Council Member Debay's questions, Ms. Temple stated that the zoning code does not have good definitions to determine if this was a wall sign or a roof sign. However, upon reviewing the specifics of the parapet, it became clear that this was part of the roof. Mayor O'Neil opened the public hearing. Mark Frank, 19209 Foxglen Lane, Huntington Beach, San Pedro Sign Company, stated that they are requesting a roof top sign to help create a focal point to the entrance. He presented Council with a comparison of the current channel lettering to the proposed torn ticket logo, believing that people do not read signs but recognize logos. He reported that the logo would have 9.5 -inch high lettering, as opposed to the current 19 -inch lettering. He stated that they have a letter of support from the Corona del Mar Chamber of Commerce and indicated that the sign could be turned off at the close of business. In response to Council Member Noyes' question, Mr. Frank confirmed that he would be willing to include language that the sign be turned off at closing. Val Skoro, 1601 Bayadere Terrace, expressed the opinion that the current Blockbuster sign is a smart sign and that everyone knows what Blockbuster is. He believed that there is a propensity to get bigger signs and reported that signs were a concern at the Corona del Mar design charette. He stated that the sign is not necessary and hoped that the request is denied. He db distributed photos of the current Blockbuster sign, Rite Aid signs, signs on Mariner's Mile, and Beach Boulevard signs. There being no further testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Noyes to sustain the action of the Planning Commission and include language that the sign be turned off at closing time. Council Member Ridgeway expressed the opinion that the type of business Blockbuster produces is repeat business and does not necessarily need the torn ticket logo. He stated that there are two Blockbusters in the City and that the one at MacArthur and Bison, which does not have the torn ticket logo, does very well. The motion carr ied by the following roll call vote: Ayes: Adams, Glover, Thomson, Debay, Noyes, Mayor O'Neil Noes: None Abstain: Ridgeway Absent: None 19. JIFFY LUBE OF NEWPORT BEACH. (ARTHUR BAHAR, ARCHITECT), 1520 WEST COAST HIGHWAY — REQUEST TO PERMIT THE CONSTRUCTION OF AN AUTOMOBILE MAINTENANCE FACILITY WHICH SPECIALIZES IN OIL AND FILTER CHANGES AND CHASSIS LUBRICATION ONLY AND A REQUEST TO WAIVE SIXTEEN OF THE REQUIRED PARKING SPACES. Volume 52 - Page 656 INDEX Use Permit 3647 Jiffy Lube/ 1520 West Coast Hwy. (88) City of Newport Beach City Council Minutes August 9, 1999 INDEX Assistant City Manager Wood stated that the Planning Commission struggled over this for some time and that two Commissioners felt that the use permit should not be approved because this would have detrimental effects on surrounding properties. Additionally, they had concerns with the visibility of the service bays from Coast Highway; the impact that this would have for the properties on either side; the intensity of this project on this size lot; and whether the circulation could be properly accommodated. She reported that the applicant spent quite some time with staff and the Mariner's Mile design consultant to continuously improve the architecture and appearance of the building and redesign the site plan to eliminate one driveway and use a shared driveway with Taco Bell. She indicated that the applicant also agreed to different colors and materials for the building and to extend the appearance around the building so that the service doors will coordinate with the rest of the building when they are closed. She indicated that, because the applicant was willing to do these things, the majority of the Commissioners felt the conditions of approval would minimize any potential for detrimental impact on surrounding property owners. In response to Mayor Pro Tem Thomson's questions, Associate Planner Myers stated that there are no parking requirements for this type of use, but that the closest use would be of a service station which is required to provide five spaces per bay. He added that the requirement also takes the mezzanine office into account and indicated that the applicant was unable to provide the entire parking amount on site. Mr. Myers reported that the building is set back about 12 -feet from the property line to the street. He described the building, stating that it will use travertine marble on the vertical elements, smooth stucco of similar color on the balance of the building, and taupe colored concrete tile on the roof. Regarding prohibiting left turns out of the driveway, Ms. Wood stated that the Planning Commission discussed this, but felt that it was unenforceable. She indicated that, after the applicant agreed to install the sign and encourage customers to only make right turns, the condition to install the sign with no requirement to angle the driveway to prevent left turns was included (Condition No. 24). Council Member Adams believed that it is not right to install a regulatory sign knowing that people are going to ignore it and that doing this degrades the value of similar signs. Public Works Director Webb agreed that a sign should not be installed if it is unenforceable or is not intended to be enforced. Council Member Adams believed that people should be able to make the left turn if it is not problematic. Mayor O'Neil opened the public hearing. Christian Fanticola, 45 Auvergne, Jiffy Lube, stated that he has worked closely with Council Member Glover and staff to provide a good project and noted that the design has gone through many revisions. He stated that the Jiffy Lube is a use that can survive on 60 to 70 cars a day and creates less traffic. He referred to his business as a "lubertorium" that does not require many parking spaces since customers do not park their cars in a parking stall. He stated that the only parking spaces that are needed are for employees. Mr. Fanticola indicated that staff has visited other centers that have less parking and that their parking is adequate. He explained that the Volume 52 - Page 657 City of Newport Beach City Council Minutes August 9, 1999 INDEX differences between Jiffy Lubes and service stations are that service stations are designed to make money from more expensive services, like brake jobs, and are not designed for high volume. Mr. Fanticola expressed the opinion that the building will be a beautiful building for the area and an excellent improvement. Council Member Debay commended Mr. Fanticola for getting this project through and thanked Council Member Glover for all the work she has done to create some type of design standard for Mariner's Mile. She expressed the opinion that the design is high quality and that the landscaping will be superior. She reiterated that this use is a low traffic generator, creates almost no noise, and is an efficient business. Council Member Debay stated that the code does not specify what an inappropriate use is and that the narrow lots and harsh conditions have caused many businesses to fail. Ayres Boyd, 2541 Crestview Drive, Vice President of the Board of Directors of the Bayshores Community Association, stated that he is representing the 249 homeowners in that Association. He urged Council to vote against the Jiffy Lube since it will offer minimal amount of new tax revenue; there are plenty of places on 17th Street and in Costa Mesa to get oil changed; it is inexcusable to place another utility business in front of the world famous Balboa Bay Club; it does not improve the quality of life; and it limits future development opportunities. Mr. Boyd stated that he spoke against the Taco Bell project last year, but that was still approved and built across from the Balboa Bay Club. He believed that the reason for the systematic "junking" of . this part of Mariner's Mile is because the City does not have a conclusive plan for that section. He asked if the City wants to attract quality businesses and guests, or if it wants people thinking that they can leave their used oil in the City. He requested that the City keep utility businesses separate from residential and recreational areas. In response to Council Member Ridgeway's questions, Mr. Boyd indicated that neither the Association nor the Board voted on this. Council Member Ridgeway took issue, stating that Mr. Boyd indicated that he represented the homeowners when that was untrue. Ira Handelman, 500 South Grand Avenue, Los Angeles, Jiffy Lube Consultant, pointed out that no letters or telephone calls were received during the three Planning Commission hearings and that they even went to the Cliff Haven neighborhood to let them know what was happening. Mr. Handelman reported that the Fanticola family owns six of the top ten Jiffy Lubes in the country. He stated that this type of business is a neighborhood service and that the Jiffy Lube could be one of the nicest buildings on Mariner's Mile. He reported that they have also worked very closely with Council Member Glover on the logolsign and urged Council to support the project. Val Skoro, 1601 Bayadere Terrace, stated that he has not looked at the detailed designs but that everyone he has spoken with is against having a Jiffy Lube on Mariner's Mile. He expressed concern relative to the affects this would have on the overall quality of future: business in the area and believed that this is the wrong type of business. Council Member Debay encouraged Mr. Skoro to look at the project designs. Volume 52 - Page 658 City of Newport Beach City Council Minutes August 9, 1999 10-11 John Faul, 2622 Crestview Drive, believed that this issue was not brought forward very well to the community and stated that there is a general consensus against having a Jiffy Lube. He expressed concern relative to the ingress /egress and the amount of traffic that they may incur. Mr. Faul stated that there are several oil change locations on Newport Boulevard and asked how many places are needed to get oil changed. He hoped that Council does not approve the project, believing that the community is not as aware of this as Council may believe. James Santaniello, 1030 West Sharon Road, Santa Ana, stated that he has built a few projects on Coast Highway and indicated that the owner wants to build a very quality- oriented building to remove the eyesores that are on Coast Highway. He stated that he reviewed the plans and believed that, other than the name, there is no other resemblance to an oil changing facility. Mr. Fanticola presented photos of some of the existing bays on Coast Highway and the types of building materials that will be used. He also provided a line of sight drawing. There being no further testimony, Mayor O'Neil closed the public hearing. Council Member Ridgeway expressed the opinion that the City's parking code is erroneous and probably should be revisited; however, he believed that the project provides adequate parking. He stated that he agrees with Council Member Adams that left turns should be allowed out of the driveway. He pointed out that Mr. Fanticola has worked closely with the Mariner's Mile Association and Council Member Glover, and that the building is gorgeous, is of quality, and will be an asset to the City. He noted that there are auto dealers, auto part stores, and boat yards on Pacific Coast Highway now. Council Member Noyes agreed that the building is nice; however, he believed that this project will be detrimental to the public welfare or injurious to property or improvements in the neighborhood. He stated that the City is taking an area that is trying to have more hospitality uses and allowing the first auto use. He expressed the opinion that the project would dominate the site, negatively impact the adjacent uses due to its physical prominence on a small site, and create more detrimental uses on Mariner's Mile. He believed that the community does not want it there and that the City does not need it there. He noted that the City has a specific area plan for Mariner's Mile that stops at Rocky Point and believed that Council should protect the property rights of the adjacent properties. Motion by Council Member Noyes to deny Use Permit 3647. The motion died for lack of a second. Council Member Glover stated that Mariner's Mile is a unique area because papers are not held by many of the property owners. She indicated that she, Ms. Wood, and Senior Planner Teague established a group consisting of business owners and community leaders that live in the area to look at a design framework. That has been done but has yet to come to Council because they were waiting for the City Manager to become more familiar Volume 52 - Page 659 i City of Newport Beach City Council Minutes August 9, 1999 with the area. She believed that Mariner's Mile :is improving. She described the property history from Dover Drive to the Pelican Wall and explained what is desired on each site. She asked Council to look at this area more positively with regard to what is trying to be done. Council Member Glover stated that, since Jiffy Lube asked for her assistance, she worked with them to make the best project possible and because she did not intend to "get stuck" in the same way she is with the Auto Bistro. Council Member Glover stated that she does not want all of Mariner's Mile to look the same. She reiterated that there are auto uses on Mariner's Mile and hoped that everyone understands that the lots on Mariners Mile are extremely narrow, abut a bluff, and need costly retaining walls. Council Member Glover stated that the applicant has worked very hard to make this a good project; spent a lot of time with the landscape architect and the City's architect; worked personally on this without the use of a lobbyist; and joined the business association. She agreed that there are improvements that can happen to Mariner's Mile but hoped that people realize the good improvements that are there now. Ms. Temple requested that Condition No. 22 be amended to remove the requirement for the two -foot berm. Motion by Council Member Glover to sustain the action of the Planning Commission, but modify Condition No. 22 and exclude Condition No. 24. The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Mayor O'Neil Noes: Noyes Abstain: None Absent: None 20. APPEAL OF THE DENIAL OF AN ENCROACHMENT PERMIT FOR THE CONSTRUCTION OF A CURB CUT ADJACENT TO 510 AND 516 EL MODENA AVENUE IN THE NEWPORT HEIGHTS AREA. Public Works Director Webb stated that the applicant is requesting permission to install a drive approach on El Modena to have drive through from the alley to the street. He reported that there is a Council Policy that indicates that vehicular access should be taken from the alley if one is available. Motion by Council Member Glover to deny the appeal for an Encroachment Permit to allow construction of a curb cut in El Modena Avenue at 510 and 516 El Modena Avenue. The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: . None Abstain: None Absent: None Volume 52 - Page 660 liu0�1:1 Encroachment Permit 510 & 516 El Modena (65) City of Newport Beach City Council Minutes August 9, 1999 ADJOURNMENT — 9:10 p.m. The agenda for the Regular Meeting was posted on August 4, 1999, at 4:00 p.m. on the City Ball Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 52 - Page 661 INDEX u 0