HomeMy WebLinkAbout09/09/1985 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL s� o� 9 y9 yF 9c REGULAR COUNCIL MEETING
9� �� PLACE: Council Chambers
%P y6`p TIME: 7:30 P.M.
ROLL DATE: September 9. 1985
MINUTES
IIJnCY
Mayor Maurer presented Permaplaqued
•
Certificates of Appreciation to Mary
Richmond, former Library Board Trustee,
and Rae Cohen, former Parks, Beaches and
Recreation Commissioner.
Present
x
x
x
x
x
A. ROLL CALL.
Absent
x
x
Motion
x
B. The reading of the Minutes of the
All Ayes
Special Meeting of August 15, the
Adjourned Meeting of August 20, and the
Regular Meeting of August 26, 1985, 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 continued public
PPA 83 -ID
hearing regarding GENERAL PLAN AMENDMENT
Brisa del Mr
83-1(D), a request initiated by the CITY
(45)
OF NEWPORT BEACH, to amend the Land Use
Element of the Newport Beach General
Plan for the FIFTH AVENUE /MACARTHUR
•
BOULEVARD (BRISA DEL MAR) PARCEL.
Property located northeasterly of the
intersection of MacArthur Boulevard and
East Coast Highway, between Sea Lane and
Fifth Avenue; zoned P -C.
Report from the Planning Department, was
presented.
Dave Dmohowski of The Irvine Company
addressed the Council, and requested
this item be continued to September 23
when they will present a revised
proposal.
Motion
x
Motion was made to continue the public
All Ayes
hearing to September 23, 1985 as
requested.
2. Mayor Maurer opened the continued public
Ord 85 -17
hearing regarding PROPOSED ORDINANCE NO.
Zoning/
85 -17, being,
Restaurant
(94)
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING THE PROVISIONS OF
CHAPTER 20.72 AND SECTIONS
20.31.020, 20.32.020, 20.33.025,
20.34.020, 20.61.060, 20.62.040,
20.30.035, AND 20.30.040 OF THE
NEWPORT BEACH MUNICIPAL CODE
•
PERTAINING TO RESTAURANTS (Planning
Commission Amendment No. 617).
Volume 39 - Page 333
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
0 S -
'F 9ROLL CAL y�9 September 9, 1985
MINUTES
.fTrG737
Report from the City Attorney, with
Zoning/
•
proposed and revised Ordinances, were
Restaurant
presented.
It was noted that the "revised"
ordinance specifies those changes in the
operation of a restaurant which must be
reviewed and approved by the City. The
principal changes are found in
subsection D.1 dealing with the hours of
operation. This subsection has been
expanded to define "substantial" in
terms of the potential for creating
noise or traffic congestion. The other
major change is a qualification to the
language that an extension in the hours
of operation past 12:30 A.M. would
require use permit review. The
"revised" ordinance would require use
permit review only if the restaurant is
within 200 feet of a residential zone.
The City Manager advised that the
Restaurant Association, while not happy
with the 12:30 A.M. provision, is
willing to accept the language of the
"revised" ordinance. However, the
community groups felt that 12:00 A.M.
(or earlier) is appropriate because
restaurant employees will remain on the
premises for at least an hour cleaning
•
up after the patrons leave.
Dick Nichols, 519 Iris Avenue, addressed
the Council and indicated that he was
basically in support of the "revised"
ordinance; however, he did feel the
extension of the hours of operation past
12:30 A.M. was too late.
William Hamilton, President of Western
Canners Company, owners of the Cannery
Restaurant and Malarkey's Irish Pub, and
representing the Newport Beach
Restaurant Association, addressed the
Council and submitted a prepared
statement which read as follows:
"The Newport beach Restaurant
Association supports the revised
version of the restaurant ordinance
that is being presented to you
tonight. This version has been
derived as a result of the meetings
between Mr. Burnham, our
Association, and various
homeowner's association
representatives from throughout
•
Newport Beach. This document
Volume 39 - Page 334
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL 0ROLL G�`�' September 9, 1985
MINUTES
1[I rom
reflects the input and concerns of
Zoning/
both the residents and the Newport
Restaurant
•
Beach restaurant industry.
"This revised version addresses the
concerns that were the original
impetus for this ordinance. Under
this ordinance the City would have
automatic "triggers" that would
cause the use permit process to be
enacted when a restaurant would
attempt to make a change in
"operational characteristics" of
almost any type. The problems the
City has had in the past years with
several restaurants whose
operational characteristics
expanded significantly beyond the
scope of the restaurants which they
replaced, will not be repeated
under this ordinance. This
ordinance protects the rights of
the residents who live adjacent to
restaurants without ignoring the
rights of existing or future
restaurants.
"While we strongly support this
compromise Ordinance, we will
strongly oppose any future attempts
to change existing restaurant use
•
permits by means of additions or
modifications such as the "mom and
apple pie" clause. Newport Beach
restauranteurs agreed to the
conditions prescribed in their use
permits and then made substantial
investments in their restaurants
based on these operational rights.
To change any portion of these
pre -1983 use permits would be
unfair and unnecessary especially
with the adoption of this
ordinance.
"Our Association is developing
several programs planned to help
continue and improve the good
relations between restaurants and
the surrounding residential
communities. We also have a new
program that will educate
restauranteurs who plan to open
units in our City on the proper
operational standards for our mixed
use areas where commercial uses
abut residential uses.
•
Volume 39 - Page 335
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL 9 ROLL Gss 9 Fp Z�9 September 9, 1985
MINUTES
1104912F4
"We are confident that this revised
ordinance in conjunction with our
•
programs will handle the concerns
that were the original reasons for
the creation of this ordinance.
"We urge you to adopt the revised
version of the restaurant
ordinance. Thank you for
considering our position on this
issue."
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to disallow second Ord 85 -17
Ayes
x
x
x
x
reading of Ordinance No. 85 -17, amending Introduced
Noes
x
provisions of the Municipal Code (Revised)
pertaining to restaurants; introduce
Ordinance No. 85 -17 (revised) regarding
operational characteristics and
development standards for restaurants,
and pass to second reading on September
23, 1985; and direct staff to prepare
revisions to Chapter 20 of the Newport
Beach Municipal Code pertaining to the
approval, issuance and enforcement of
use permits.
3. Mayor Maurer opened the public hearing U/P 3156
and City Council review of an appeal by Ocean Frnt
•
OCEAN FRONT WHEELWORKS, Balboa from the Wheelworks
decision of the Planning Commission on (88)
July 18, 1985, denying USE PERMIT NO.
3156, a request to permit the
establishment of a take -out restaurant
serving hamburgers and soft drinks in an
existing building utilized as a bike,
skate, and beach accessory rental
facility in the Unclassified District,
and to waive the required off - street
parking spaces. Property located at 105
Main Street, on the southwesterly corner
of Main Street and East Ocean Front in
Central Balboa.
Report from the Planning Department, was
presented.
Report from the City Attorney, was
presented.
Appeal Application from applicant, was
presented.
David McDonnell, Attorney representing
the applicant, addressed the Council and
suggested they consider reversing or
modifying the decision of the Planning
•
Commission. He stated that if the
Volume 39 - Page 336
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
O� 99 `GSi gG,9 99� �9J, c�F
Rnl 1 C01 GP �i11, F,9 y�9 September 9, 1985 INDEX
application was denied, it would create
U/P 3156
a severe hardship on the applicant, and
•
could put him "out of business." They
believe the City is applying a double
standard with regard to development of
two separate contiguous properties
located at 105 Main Street (Balboa Inn),
and their facility located at East Ocean
Front and Main Street. He stated that
the owner of the Balboa Inn (Griswold's)
is also their landlord.
Mr. McDonnell stated that they do not
feel the proposed use of their property
will intensify the use of the property
to any significant effect, as they will
only be selling hamburgers, and
increasing their employees by two. They
also feel that the lack of parking
should not be a valid reason for denying
the appeal. They want to be treated
like other businesses in the City and
are open to suggestions regarding a
possible compromise.
In response to Council inquiry, Mr.
McDonnell stated that they have at least
three more years on their current lease,
and possibly eight; however, the latter
is a point of litigation at the present
•
time.
The City Attorney referred to his
report, wherein he summarized the
differences between the applications of
(Griswold's) Balboa Inn, and Ocean Front
Wheelworks, noting they would warrant
different treatment relating to the
following:
1) Consistency with Land Use
Plans;
2) Parking provided per offsite
parking agreement;
3) Extent to which there is a
change in the intensity of the type
of business requested; and
4) Proposed hours of operation and
extent to which the hours conflict
with parking demand.
Ray Sanford, representing Griswold's,
owners of the Balboa Inn and Ocean Front
Wheelworks, addressed the Council and
stated that when they purchased the
Balboa Inn property, they inherited the
•
lease of Ocean Front Wheelworks. Since
that time they have become very
Volume 39 - Page 337
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
s o 2i S ti v
ROLL September 9, 1985
MINUTES
INDEX
concerned with the rapid deterioration
U/P 3156
of that property, as well as the trash
•
and debris surrounding the building. He
stated that they requested Ocean Front
Wheelworks to clean up the area, but it
was not done. Pursuant to the lease,
Ocean Front Wheelworks should not have
commenced construction of their kitchen
facilities without their approval. They
also did not obtain a City permit for
the work. Griswold's requested that
they cease work on the kitchen addition,
but they dial not do so until a law suit
was filed against them. He stated that
everything Griswold's owns and operates
is "first- class," and they want to
maintain the same type of condition at
the Balboa Inn.
Mr. McDonnell addressed the Council
regarding the litigation referred to by
Mr. Sanford. He stated that there are
two law suits pending. The law suit
referred to by Mr. Sanford was, in fact,
a suit to "kick Ocean Front Wheelworks
off the property," which suit was thrown
out of court two weeks ago. The other
litigation is from Ocean Front
Wheelworks against Griswold's for
interference with the contractual rights
•
of their lease.
Hearing no others wishing to address the
Council, the public hearing was closed.
Discussion ensued wherein the Planning
Director, in response to Council Member
Agee, stated that any use not otherwise
prohibited by law, is permitted in the
Unclassified Zone, so long as it is
consistent with the General Plan, and in
this case, the Land Use Plan. This
particular use is not consistent with
either of those documents as the Land
Use Element of the General Plan
designates this site for Recreational
and Environmental Open Space. He stated
that the reason why the Balboa Inn
property and the Ocean Front Wheelworks
property, even though they are under the
same ownership, are classified
differently is because of the
relationship to the Ocean Front walk and
the policy adopted by the City Council
to have Recreational and Environmental
Open Space uses oceanward of the Ocean
Front walk and to allow retail uses to
occur inland of the Ocean Front walk.
He also noted, however, that the City
•
did grant a restaurant on Balboa Pier
Volume 39 - Page 338
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\,o
CAL RaLL �� September 9, 1985
MINUTES
II`.101WI
without the benefit of a Use Permit, and
U/P 3156
a food concession facility at Corona del
•
Mar State Beach.
The City Attorney commented that if the
subject property were designated under
the Local Coastal Plan or the Land Use
Element as a "visitors servicing" use,
for instance, the applicant would still
need a Use Permit for the expanded
operation. However, they do have the
right to continue the nonconforming uses
notwithstanding the General Plan
designation, or the Local Coastal Plan.
He did not feel the City was putting the
applicant in any type of undue burden or
a "catch 22" position because the
property is zoned Unclassified.
The City Attorney further stated that
the dispute between Griswold's and Ocean
Front Wheelworks and the pending
litigation between the two entities, is
irrelevant to the decision of the
Council.
The City Attorney also stated that if a
restaurant or take -out establishment
requests a waiver of parking
requirements from the City, it is not
always "routinely" granted as was
•
indicated earlier in the comments of Mr.
McDonnell.
Motion
x
Following further discussion, motion was
Ayes
x
x
x
made to reopen the public hearing and
Noes
x
x
continue it to September 23, 1985.
There being no objections, the staff was
directed to work with the applicant
regarding the feasibility of a
compromise.
4. Mayor Maurer opened the public hearing
GPA 85 -2(A)
regarding GENERAL PLAN AMENDMENT
(45)
85-2(A), a request initiated by the City
of Newport Beach, to amend the GENERAL
PLAN POLICIES REPORT concerning Housing,
Land Use, Future Residential Growth and
Community Design, and the acceptance of
an Environmental Document.
Report from the Planning Department, was
presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
•
Volume 30 - Page 339
COUNCIL
co s0
G�
ROLL CAL
Motion
Ayes
•
ID on
Ayes
CITY OF NEWPORT BEACH
MEMBERS
G G 9� y9� 9cFF
���P 9F9 yip September 9, 1985
MINUTES
x
Motion was made to adopt Resolution No.
85 -68 (revised), deleting the last
sentence of Paragraph f) and the entire
Paragraph g) on handwritten page 21 of
the General Plan Policies Report (as
suggested by Council Member Strauss),
eliminating obsolete policies in said
report concerning housing, land use,
future residential growth and community
design, and the acceptance of an
Environmental Document.
5. Mayor Maurer opened the public hearing
regarding:
DEVELOPMENT AGREEMENT NO. 3 (ORDINANCE
NO. 85 -24) - Consideration of an
agreement between the City of Newport
Beach and the J. M. Peters Company. The
subject agreement will establish
specific development rights and related
obligations pursuant to the annexation
to the City of Newport Beach of the
BAYVIEW site;
AND
GENERAL PLAN AMENDMENT 85 -2(B) -
Consideration of an amendment to the
Land Use and Recreation and Open Space
Elements of the Newport Beach General
Plan so as to change the land use
designation from "Recreational and
Environmental Open Space" with an
alternate of "Low- Density Residential"
to "Multi- Family Residential,"
"Recreational and Environmental Open
Space," and a mixture of
"Administrative, Professional and
Financial Commercial" and "Retail and
Service Commercial;"
AND
PLANNING COMMISSION AMENDMENT NO. 623
(ORDINANCE NO. 85 -25) - Consideration to
reclassify the subject property to the
P -C (Planned Community) District and
adopt the Bayview Planned Community
Development Plan and Development
Standards.
Report from the Planning Department, was
presented.
Report from the City Attorney, was
presented.
x
Motion was made to continue this item to
September 23, 1985, as recommended by
the City Attorney.
Volume 39 - Page 340
INDEX
IRes 85 -68
Ord 85 -24
Dvlpmt
Agmt 013/
Bayvu
(21)
GPA 85 -2(B)
(45)
PCA 623
Ord 85 -25
Bayvu PCDP
(94/21)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL �`n �fl F9 September 9, 1985
MINUTES
'Embin 1
•
6. Mayor Maurer opened the public hearing
on proposed lease of spaces within
Marinapark
Mb1Hm Prk
MARINAPARK.
C -1784
(38)
Report from Marina Park Mobilehome Park
Ad Hoc Committee, was presented.
The City Manager summarized the subject
report, noting the final recommendations
concerning the Marinapark only are as
follows:
1. That a new lease be approved
having a fifteen year term to
correspond with the current
term of the adjacent American
Legion property.
2. That the rents be adjusted as
follows:
Mobile Home Space Current
25 beach front $412
22 interior 347
11 rear 347
Proposed
$732
550
516
•
Rents are to increase on
October 1st and are to be
adjusted annually, based on
the Consumer Price Index
increases. The immediate
adjustment represents a 66%
increase.
3. The new lease shall provide
that within five years of
October 1, 1985, all
Marinapark mobile home tenants
must be residents of the City
of Newport Beach unless an
exception is granted by the
City Council.
4. The agreement contains
language giving the City the
right to convert Marinapark to
another use upon expiration of
the lease, without obligation
to pay relocation benefits or
providing other forms of
relocation assistance. The
lessee in the proposed lease
waives, gives up the right to
•
receive, releases the City
from any obligation due to
termination of the proposed
lease.
Volume 39 - Page 341
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL s�q 3 s s v
ROLL September 9, 1985
MINUTES
INDEX
5. Electricity is individually
Marinapark
metered, but water and gas are
Mblhm Prk
•
master metered. The lease
provides for the tenants to
reimburse the City for the
cost of water and gas utilized
at the Marinapark for all
purposes.
6. The City shall provide
maintenance for the common
areas and facilities.
The City Manager further noted that
one item that received considerable
attention of the Committee was the
possible widening of the public
walkway between the Marinapark and
the American Legion. Currently,
there is an 8' walkway. To widen
the walkway to 18', in the event
that the walkway is to be used in
the future for hand - launching of
boats, view corridor, etc., would
require the relocation of three
mobile homes. If the walkway is
widened by 5' so that it would have
a total width of 13', one trailer
would have o be.relocated at least
5'. To make this option possible,
•
Section 8.F was added to the lease.
Discussion ensued, wherein Council
Member Agee indicated he would favor a
shorter -term lease.
Bob Spurgeon, President, Marinapark
Homeowners Association, addressed the
Council and thanked the Council Members
who were on the Ad Hoc Committee for
their hospitable attitude during all the
discussions. He stated that the
homeowners of Marinapark gave a great
deal of time and study to the proposed
lease and the majority are willing to
accept the document.
Motion
x
Motion was made to accept the Negative
Declaration and adopt Resolution No.
Res 85 -69
85 -69 authorizing the Mayor and City
Clerk to execute new leases with
existing tenants of the Marinapark
Mobilehome Park.
Council Member Agee stated he could not
support the motion as he would rather
see the City take less rent, and have
more flexibility.
X
x
x
x
The motion was voted on and carried.
NOS'
S
x
Volume 39 - Page 342
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL RAlL September 9, 1985
MINUTES
INDEX
E. PUBLIC COMMENTS:
•
None.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as
All Ayes
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Schedule
for public hearing on September 23,
1985:
(a) Proposed ORDINANCE NO. 85 -26,
Ord 85 -26
being,
Zoning/
Height Lmts
AN ORDINANCE OF THE CITY OF
fr Arprt
NEWPORT BEACH AMENDING CHAPTER
LUCmsn Rvu
20.02 OF THE NEWPORT BEACH
(94)
MUNICIPAL CODE BY ADDING
SECTION 20.02.090 TO THE
CITY'S HEIGHT LIMITATION
ORDINANCE SPECIFYING AIRPORT
LAND USE COMMISSION REVIEW OF
ALL PROJECTS WHICH WOULD
REQUIRE FEDERAL AVIATION
ADMINISTRATION NOTIFICATION
(PLANNING COMMISSION AMENDMENT
PCA 622
NO. 622) (Report from the
Planning Department).
•
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 85 -70 authorizing
OrngCnty/
the County of Orange to purchase
Prchsg
certain items for the City of
Supplies
Newport Beach.
Res 85 -70
(54)
(b) Resolution No. 85 -71 establishing
Uniform Personnel Policies for City
Personnel/
employees with annual review by the
Policies
City Manager.
Res 85 -71
(66)
3. CONTRACTS/AGREEMENTS:
(a) Authorize the Mayor and City Clerk
West Npt
to execute a Professional Services
Prk /Prfsnl
Agreement with Cardoza DiLallo,
Services
Harrington, a Landscape
Agmt
Architecture and Planning
C -2537
Partnership, in the estimated
(38)
amount of $27,100 for West Newport
Park Development. (Report from
Parks, Beaches and Recreation
Director)
•
Volume 39 - Page 343
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL GSr yF9 September 9, 1985
MINUTES
%-
4. COMMUNICATIONS - For referral as
•
indicated:
(a) To Aviation Committee for inclusion
O/C-John
in the records, mailgrams from Mr.
Wayne Arprt
and Mrs. Stephens, Horace Coil, and
(54)
Ben Harris opposing the airport
settlement agreement, and Jan D.
Vandersloot recommending that
Council not ratify said agreement
for safety, and air quality
reasons.
(b) To Planning Department for
Planning/
inclusion in the records, letter of
Zone Enfrcm
thanks from Dick and Sandy Nichols
(68)
regarding recent request for noise
zoning, enforcement.
(c) Removed from the Consent Calendar.
(d) Removed from the Consent Calendar.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) City of Irvine Mayor David Baker's
letter to Donald P. Hodel, stating
opposition to Offshore Oil Drilling
along Orange County's Irvine Coast.
•
(b) Orange County League of Cities
bulletin, informing the City that
they have conceptually approved a
resolution supporting Prado
Reservoir Water Conservation.
(c) Orange County Local Agency
Formation Commission Preliminary
Agenda of September 11, 1985.
6. CLAIMS FOR :DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Regarding oil well fire on August
2, 1985 -
Al V. Abernathy, alleging damage to
Abernathy
boat at 44th Street and Balboa
Blvd.
D. G. Borthwick alleging damage to
Borthwick
boat at 44th Street and Balboa
Blvd.
Jois C. Hofman alleging damage to
Hofman
boat at 44th Street and Balboa
•
Blvd.
Volume 39 - Page 344
a
COUNCIL MEMBERS
\CALR ®LL F9 y�9 September 9, 1985
MINUTES
111,310114
Reginald Howell alleging damage to
Howell
•
boat at 4411 W. Coast Highway.
Robert Long alleging boat damage at
Long
4463 W. Pacific Coast Highway.
James A. Hehez alleging damage to
Nehez
boat at 43rd Street.
Leonard Swatt alleging carpet in
Swatt
home damaged, and seeking
reimbursement for loss of rental
income for one night due to
evacuation at 44th Street and
Balboa.
Thomas G. Tupman alleging damage to
Tupman
boat at 609 -36th Street.
(b) Blair Archambault seeking
Archambault
reimbursement for towing and
storage fees, alleging Police
Department thought claimant's
vehicle was stolen, and therefore
towed vehicle to storage yard on
August, 15, 1985.
(c) CNA Insurance Co. /Borg Warner for
CNA Ins.Coo
property damage, as a result of
claimant's vehicle involved in
accident with City Police vehicle
•
on July 19, 1985 at Balboa and 39th
Street.
(d) Donald William Degroat alleging
Degroat
false arrest and physical abuse by
City Police Department. (Attached
for Council only)
(e) Mark H. Klar alleging personal
Klar
injuries as a result of hit on the
head from plywood which was pushed
off of Lifeguard Station by City
Lifeguard at Lifeguard Station No.
10 on July 23, 1985.
(f) Barbara Melger (City employee)
Melger
alleging portable radio stolen from
locked storage room at Community
Youth Center, 5th and Iris, on June
7, 1985.
(g) Jane Elizabeth Pearson alleging
Pearson
City Utility Truck damaged
claimant's vehicle while parked at
2520 Ocean Boulevard, Corona del
Mar on August 8, 1985.
•
Volume 39 - Page 345
•
COUNCIL MEMBERS
\CALCGS ROLL September 9, 1985
IT`ITWN
(h) John F. Richardson alleging false
Richardson
arrest and physical abuse by City
•
Police! Department at 334 Baywood on
June 3, 1985.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) William B. Judd for personal
Judd
injuries sustained when claimant
dove into ocean and hit sandbar
near 15th Street, Orange County
Superior Court, Case No. 46- 31 -34.
Claim was denied by City Council on
January 14, 1985.
(b) Maurice Mandell II for damages,
Mandell II
Orange County Superior Court, Case
No. 46- 65 -34. Claim was denied by
City Council on March 11, 1985.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
None.
9. STAFF AND COMMISSION REPORTS - For
Council information and approval:
(a) Report from the Planning Department
Tr 10625
recommending the approval of the
•
proposed construction of a
single- family dwelling with
attached garage, swimming pool and
tennis court on Lot 21, Tract No.
10625, located at 1400 San Miguel
Drive, Harbor View Hills, subject
to conditions.
(b) Report from Personnel Director
Personnel/
recommending the City create the
Classifctn
promotional classification of
(66)
'Lifeguard Intern.°
10. PUBLIC HEARING SCHEDULING - September
23, 1985:
(a) PLANNING COMMISSION AMENDMENT NO.
PCA 621/
621, a request of GFELLER
Zoning
DEVELOPMENT COMPANY, Tustin, to
(94)
amend the CORONA DEL MAR HOMES
PLANNED COMMUNITY DEVELOPMENT
STANDARDS so as to eliminate the
third off - street parking space
requirement for two lots within the
development (Lots 1 and 2 of Block
531, Corona del Mar). Property
located at 500 Carnation Avenue and
501 Dahlia Avenue, on the
•
northeasterly side of Second Avenue
between Carnation Avenue and Dahlia
i
Volume 39 - Page 346
COUNCIL MEMBERS
\<o
CAL ROLL If September 9, 1985
finSI
Avenue in Corona del Mar; zoned P -C.
•
(Report from the Planning Department)
11. STREET LIGHT CONVERSION PROGRAM, PHASE
Street Lght
I. AIRPORT AREA (C -2521) - Approve the
Cnvrsn /Phse
plans and specifications; and authorize
I- Airport
the City Clerk to advertise for bids to
C -2521
be opened At 11 a.m. on October 1, 1985.
(38)
(Report from Public Works)
12. BALBOA PENINSULA POINT SEWER REPLACEMENT
Balboa Pnsla
(C -2497) - Authorize the Mayor and City
Pt Swr Rplcm
Clerk to execute an agreement with
C -2497
Orange County Sanitation District No. 5;
(38)
approve the plans and specifications and
authorize the City Clerk to advertise
for bids to be opened at 11 a.m. on
October 3, 1985. (Report from Public
Works)
13. HARBOR PERMIT APPLICATION (1128 -3017 -
Hrbr Perm
Approve the application by Lancer
Apl#128-
Landing, Inc., to revise the commercial
3017
docks bayward of 3101 West Coast
(51)
Highway, subject to conditions of
approval listed in the staff report.
(Report from Marine Department)
14. HARBOR PERMIT APPLICATION 11153 -235 -
Hrbr Perm
Approve the application by Ann Thagard
Apl /1153 -235
to revise the residential pier and float
(51)
•
bayward of 235 East Bay Front, subject
to conditions of approval listed in the
staff report. (Report from Marine
Department)
15. Removed from the Consent Calendar.
16. BICYCLE TRAILS CITIZENS ADVISORY
BTCAC
COMMITTEE - Accept with regret the
(24)
resignations of Richard Nelson and
Barbara Wong, and direct the City Clerk
to post vacancy notice. (Communication
from John Konwiser)
17. SPECIAL EVENTS PERMIT - Approve
Permit/
application for Gary Ganger Wedding at
Ganger
the Peninsula Park Gazebo on September
(65)
22, 1985, from 1 p.m. to 3 p.m., subject
to conditions of approval listed in the
staff report. (Report from Business
License)
18. SPECIAL EVENTS PERMIT - Approve
Permit/
application for Sue Gnegy Wedding at the
Gnegy
Peninsula Park Gazebo on September 24
(65)
and 25, 1985, (wedding rehersal and
wedding) 7 p.m. to 9 p.m., subject to
conditions listed in the staff report.
•
(Report from Business License)'
Volume 39 - Page 347
7i
COUNCIL MEMBERS
\CALS p 99.E R ®LL GPP ��A �� Sip September 9, 1985
1,11 0111
4
19. SPECIAL EVENTS PERMIT - Approve
Permit/
application for Two - Wheeled Transit,
Bic Safety
•
Bicycle Trails Committee, and Newport
(65)
Beach Police Department for Bicycle
Trails Safety Event on September 22,
1985 from 9 a.m. to 12 Noon, starting at
the Police Facility, subject to
conditions listed in the staff report.
(Report from Business License)
20. BUDGET AMENDMENTS - For approval:
(25)
BA -017, $200,000 - Transfer in Budget
Appropriations and Increase in Revenue
Estimates for housekeeping entry to
place appropriations and contribution
for boat yard improvements in
conjunction with Balboa Yacht Basin in
Tide and Submerged Lands Fund,
contributions to be provided by owner of
the boat yard; Tide and Submerged Lands
Fund.
BA -018, $11,000 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for annual park
maintenance cost for Mouth of Big
Canyon; Park and Recreation Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
•
1. Letter from Ray and Kathy Vermillion
PD/Animal
suggesting the use of large print in the
Cntrl
signing regarding dogs on beaches, such
(70)
as, 10No dogs allowed," vs. 1°No dogs
allowed anywhere without a leash," was
presented.
Motion
x
Motion was made to refer the subject
All Ayes
letter to the Police Department, for
report back at the September 23, 1985
study session.
2. Letters from Dennis Gimpel, Judy White,
Garbage/
Mr. and Mrs. Larry Klarer, Chuck and Liz
Trash
Jones, Mrs. Dorothy Johnson, and Mark
(44)
Lambert complaining about the litter
deposited by beachgoers in the streets
and alleys in the vicinity of 5520 River
Avenue, suggesting the City maintain
trash receptacles and adequate litter
signs, were presented.
Motion
x
Motion was made to refer the subject
All Ayes
I
letters to the General Services
Department for report back at the
September 23, 1985 study session.
•
I
Volume 39 - Page 348
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
ROLL s o qi S ti v
September 9, 19135
MINUTES
ltiTIDDFA
3. Report from Marine Department
Hrbr Perm
recommending approval of HARBOR PERMIT
Apl#112 ®813
•
APPLICATION #112 -813 by Boat Service,
(51)
Inc., to revise the commercial pier
bayward of 814 East Bay Avenue, subject
to conditions of approval listed in the
staff report, was presented.
Mary Moyer, 331 Seville, owner of 904 E.
Balboa, three lots east of the subject
pier, addressed the Council and
indicated she felt there was a conflict
between residential and commercial use
in this instance, and that a second
story was not needed and could destroy
some views.
Mayor Maurer, member of the Tidelands
Affairs Committee, advised that the
Committee had reviewed the permit in
question, and viewed the site which is
adjacent to the Pavilion. He stated
that the second story will be 8' lower
than the existing sign which will be
removed. The Committee felt the
addition would not be an intensification
of the permitted use and, therefore,
have recommended approval, subject to
conditions.
Ms. Moyer spoke again, stating that one
•
of the reasons she moved from the Balboa
Boulevard residence was because of the
continual diesel fuel film on top of the
water in the bay, which also creates a
problem for swimmers.
Motion
x
Motion was made to approve Harbor Permit
Application #112 -813 by Boat Service,
Inc., to revise the commercial pier
bayward of 814 East Bay Avenue, subject
to conditions of approval listed in the
staff report.
Wallace Siegel, 900 E. Balboa Boulevard,
addressed the Council and stated that he
has lived at his residence for
approximately 10 years, and feels that
Gary Hill's Boat Service has become a
public nuisance. He also feels that if
a second story is approved, it will
block his view of the ferry, and reduce
the value of his property. He stated
that there is continual fuel in the bay
as mentioned by Ms. Moyer and also noise
emanating from Mr. Hill's pier. He
stated he was just made aware of Mr.
Hill's request and wished he had had
•
more time to study the proposal.
Volume 39 - Page 349
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAL \�"� ROLL Fp y�9 September 9, 1985
MINUTES
11"q WA
Council Member Strauss indicated he felt
Hrbr Perm
•
that property owners within a certain
Apl#112 -813
radius of a proposed harbor permit
should be given notification of such
request.
Harry Fisher, 811 E. Bay Avenue,
addressed the Council and stated he felt
that Gary Hill was a good neighbor;
however, he wants to protect his
property and not have it decrease in
value. He felt that if a second story
were added, it could set a precedent for
similar requests.
Billie Hickock, 809 E. Bay Avenue,
addressed the Council and stated that
her home is currently for sale, and she
was told by her real estate agent that
if the second story were approved, it
definitely would lower the value of her
property, inasmuch as it would remove
some of her water view.
Gary Hill, applicant, addressed the
Council and stated that an existing
pylon will be removed from the second
floor, currently making the overall
height of the building 28 feet. The
proposed new building, with the second
floor, will have an overall height of 20
•
feet so that the visual impact should be
at a minimum. The existing structure
was built in 1947 and he needs the
additional space for office use. He
stated that the buildings to the rear of
his facility are two walk -in ice houses
and a filter /tool room. He emphasized
that his was the only fuel dock with no
property outside the bulkhead line, with
the exception of the Union dock at the
other end of the bay.
Tony Melum, Tidelands Administrator,
addressed the Council at their request,
and stated that the applicant currently
has a harbor permit which is renewed
annually, and which was issued in 1947.
At that tine, the City was allowing gas
docks to be built out over public piers,
and he believes there are only three in
the City. He felt the City permitted
the docks because they were and are a
public serving business.
Gary Hill, applicant, addressed the
Council again, and stated that his
facility is on private property, which
is designated as four underwater lots,
.
on which he pays taxes. He stated it
was his understanding from the Marine
Volume 39 - Page 350
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL September 9, 1985
MINUTES
lNnF X
Department that if he were to remove his
structure entirely, his property could
•
never be used for anything other than a
public service type dock.
Ayes
x
x
Following consideration, the motion on
Noes
x
x
x
the floor to approve the harbor permit
application was voted on and FAILED.
Motion
x
Motion was made to deny the subject
Ayes
x
x
x
application.
Noes
x
x
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. Report dated August 26, 1985, from the
Hrbr Perm
Marine Department regarding HARBOR
Apl#109 -1311
PERMIT APPLICATION #109 -1318 of John
(51)
Ortega and Elizabeth McGlohm to revise
the residential pier and float bayward
of 1318 East Balboa Boulevard, was
presented.
The City Clerk reported that after the
agenda was printed, a letter was
received from Mr. N. K. Nelson, agent
•
for the applicant, requesting this item
be removed from the agenda until further
notice due to the applicant's
out -of -town commitments.
Dr. Michael G. Wilson, 1322 E. Balboa
Boulevard, addressed the Council and
expressed his opposition to the proposed
application. He stated that his home is
two houses from Mr. Ortega and one home
away from Mrs. McGlohm. He feels the
proposal has two very major problems,
inasmuch as it significantly alters the
navigation along the main channel as
well as to his dock. In addition, any
dredging that would have to be done will
alter the configuration of the sand and
beach at that location. He stated Mr.
Ortega was new to the area and it could
be that he does not realize how
"profound" his proposal is and the
serious implications of his plan. He
stated that he has attempted to contact
Mr. Ortega on numerous occasions, but
Mr. Ortega has never returned his calls.
Volume 39 - Page 351
COUNCIL MEMBERS
\CAL �G 9GkP qi��9 P ROLL
Motion
Ayes
CITY OF NEWPORT BEACH
n
F
September 9, 1985
MINUTES
Perm
x
Motion was made to remove the subject
item from the agenda until further
notice as requested.
J. CURRENT BUSINESS:
None.
K. ADDITIONAL BUSINESS:
None.
Meeting adjourned at 10:20 p.m.
ayor
ATTEST:
t C
City Clerk
Po—
�m
Volume 39 - Page 352
Perm