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HomeMy WebLinkAbout08/09/1999 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 9, 1999 - 7:00 p.m. - 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 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 - DISCUSSION ITEM): • 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 OF 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 INDEX Groundwater Replenishment (89) City of Newport Beach City Council Minutes August 9, 1999 INDEX • Clerk to read by title only. RESOLUTION FOR ADOPTION 3. Removed at the request of Council Member Ridgeway. ORDINANCES FOR INTRODUCTION 4. ORDINANCE ADDING CHAPTER 13.20 TO THE NBMC Public Property PERTAINING TO OBSTRUCTIONS ON PUBLIC PROPERTY. Obstructions (70) 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 Ord 99 -21 PERTAINING TO MASSAGE ESTABLISHMENTS, Introduce Massage Establishments Ordinance No. 99 -21 and pass to second reading on August 23, 1999. (27) 6. ORDINANCE ADDING CHAPTER 1.55 TO THE NBMC PERTAINING Ord 99 -22 TO UPPER NEWPORT BAY RECREATION AND SCENIC TRAIL. Upper Newport Bay Introduce Ordinance No. 99 -22 and pass to second reading on August 23, (51) 1999. ORDINANCES FOR ADOPTION 7. ALARM ORDINANCE CHANGES AND ASSOCIATED FEES. Adopt Ord 99 -19 Ordinance No. 99 -19 amending Chapter 5.48 (Telephonic Alarm System) and • Alarm Systems Chapter 5.49 (Burglary- Robbery -Fire Alarm Systems) of the NBMC. (40170) 8. BALBOA BAY CLUB, 1221 WEST COAST HIGHWAY — AN Ord 99 -20 AMENDMENT TO CHANGE THE DEVELOPMENT LIMITATIONS OF Use Permit 3524 THE EXISTING PLANNED COMMUNITY DIISTRICT REGULATIONS Balboa Bay Club/ TO CORRECT AN ERROR IN THE ORIGINAL CALCULATION OF 1221 W. Coast Hwy. THE BUILDING SIZE ASSOCIATED WITH THE PREVIOUS (88) 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 C -3288 participation in the LIUNA Pension Plan; authorize the Mayor to sign the C -2059 Amendment to the MOU with the City Employees Association (CEA); and LIUNA Pension authorize the City Manager to sign the Standard Form Participation Fund/CEA and Agreement and other documents required to implement the City's • Key & Management - participation in the LIUNA Pension Fund for CEA employees and Key and (38) Management personnel. Volume 52 - Page 649 City of Newport Beach City Council Minutes August 9, 1999 • 10. AGREEMENT FOR PROFESSIONAL SERVICES. Authorize the City Manager to sign Professional Consulting Agreement with Peggy Ducey to serve as Executive Director of the Orange County Regional Airport Authority (OCRAA). MISCELLANEOUS ACTIONS 11. PLANNING COMMISSION AGENDA FOR AUGUST 5, 1999. Receive and file. 12. Removed at the request of Council Member Ridgeway. 13. MITIGATED NEGATIVE DECLARATION FOR DAHLIA/FERNLEAF SLOPE REPAIR (C- 3157). Adopt the Mitigated Negative Declaration for Dahlia/Fernleaf Slope Repair. 14. Removed at the request of Council Member Ridgeway. 15. 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 Tern Thomson to approve the Consent Calendar, except for those items removed (3, 12, and 14). • 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 ITEMS REMOVED FROM THE CONSENT CALENDAR 3. 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 INDEX Peggy Ducey /OCRAA El Toro Airport (38/54) Planning (68) C -3157 Slope Repair (38) 204 44'" 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 Ridgewav 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 Ridgewav 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 IIM 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 Noyes 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 INDEX Res 99 -57 Weed Abatement (41) 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 (36) • 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 Ridgeway 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 is. 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 logolbroken ticket sign with a size limitation of 4 -feet by 8 -feet. Volume 52 - Page 655 INDEX Modification 4879 Blockbuster Video Sign (94) 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 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 carried 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 • 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 IILIIII • 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 Lobe 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 logo /sign 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 • 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 No-yes 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 INDEX 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 Mariner's Mile are extremely narrow, abut a bluff, and need costly retaining walla. 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 mot • Ayes: Noes: Abstain: Absent: on carried by the following roll call vote: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil None None None Volume 52 - Page 660 I1N17s1:� Encroachment Permit 510 & 516 El Modena (65) City of Newport Beach City Council Minutes August 9, 1999 • ADJOURNMENT - 9:10 p.m. - None. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx The agenda for the Regular Meeting 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. �. City Clerk • .0 -A G&fa Recording Secretary i Volume 52 - Page 661 I i�7 **I City of Newport Beach City Council Minutes August 9, 1999 • ADJOURNMENT - 9:10 p.m. axr + +e +r•►rt *� +x *,r,txr,rxrrrrrax* The agenda for the Regular Meeting 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. City Clerk • =J ' !� LBMIK/ Recording Secretary Mayor Volume 52 - Page 661 INDEX