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HomeMy WebLinkAbout04/26/1982 - Regular MeetingC UN IL ME 8 RS S �•c . y9�'A oni i rAl CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: April 26, 1982 MINUTES I►�Td3 ] Mayor Pro Tem Hart presented a Proclamation to Pat Krone, Director of Orange County Mental Health Associa- tion, declaring the month of May as Mental Health Month. Council Member Cox introduced Boy Scout Troop No. 333 from Corona del Mar. Present x x x x x A. ROLL CALL. Absent x x Motion x B. The reading of the Minutes of the Meeting of All Ayes April 12, 1982, was waived, approved as written and ordered filed. Motion x C. The reading of all ordinances and resolutions under All Ayes consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Pro Tea Hart opened the public'hearing and U/P 2068 City Council review of an APPEAL BY NOVAK'S PLACE, (88) CORONA DEL MAR, from the decision of the Planning Commission on March. 18, 1982, approving USE PERMIT NO. 2068, a request of Neal Bergstrom, Costa Mesa, to establish a commercial dry cleaning facility in the C -1 District. The proposal, as approved by the Planning Commission, also includes modifications to the Zoning Code so as to allow a portion of the proposed building and a portion of the required off- street parking to encroach into a required ten foot rear yard setback adjacent to an alley which is proposed for abandonment and to allow one tandem • parking space where the Zoning Code provides that all required off - street parking in the C -1 District shall be independently accessible. In addition, the proposal as approved by the Planning Commission also allows a portion of the required off - street parking to encroach in a public alley which is proposed for abandonment. Property located at 2934 East Coast Highway on the northeasterly side of East Coast Highway between Iris Avenue and Helio- trope Avenue in Corona del Mar. Report from the Planning Department, was presented. Appeal Application with letter from David A. Kaylor, representing Novak's Place, was presented. Letter from Richard A. Nichols with a copy of a petition bearing approximately 15 signatures from residents urging approval of Use Permit 2068, was presented. A map was displayed showing the location of the proposed dry cleaning facility. • . Volume 36 - Page 133 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES y %o s- ?ice R()[ 1 COI l trn Aoril 26. 1982 I NDFY E. E. Clabaugh, Jr., Attorney representing the Appellant, urged that this item be continued • until a determination had been made as to the abandonment of the alley in question. It was noted in the staff report that the Planning Commission did not approve the abandon- ment of the alley, but rather, approved the subject use permit contingent upon the alley being aban- doned. The request for alley abandonment is scheduled for City Council consideration at its May 10, 1982 meeting. Neal Bergstrom, 11137 Glen Eagles Terrace, Costa Mesa, Applicant, skated that he talked with adjacent and surrounding property owners in the area and has received no objections to the pro- posed project other than Mr. Novak. Mr. Clabaugh spoke in rebuttal urging again that the item be continued until a decision has been made on the abandonment of the alley. Mary King, owner of 2920 E. Pacific Coast Highway, addressed the Council in favor of the project. Motion x Hearing no others wishing to address the Council, All Ayes the public hearing was closed. Motion x Sustained decision of Planning Commission, based All Ayes on the findings and conditions of approval desig- nated as Exhibit "A." • 2. Mayor Pro Tem Hart opened the public hearing per- Weed Abatm/ taining to WEED ABATEMENT PROGRAM. Fire (41) Report from the Fire Department dated April 12, 1982, was presented. In response to Council inquiry, Russ Cheek of the Fire Department advised that approximately 300 notices had been mailed to property owners of vacant lots, and that last year the City actually cleared about 50 lots. Motion x Hearing no one wishing to address the Council, the All Ayes public hearing was closed. Motion x Adopted Resolution No. 82 -56 ordering the Fire Res 82 -56 All Ayes Chief to abate weeds and other public nuisances existing upon streets, alleys, sidewalks, parkways and private property within the City. 3. Mayor Pro Tem Hart opened the public hearing Community regarding PROPOSED RATE INCREASE FOR 12- CHANNEL Cblv /CATV CABLE SERVICE SUBMITTED BY COMMUNITY CABLEVISION. (42) Report from the City Manager, was presented. • Volume 36 - Page 134 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES Rf11 f CAI I �� April 26. 1982 i.lnry Tom LaFourcade, President of Community Cablevision, stated that he was in agreement with the findings of the staff report and was available for questions: Motion x Hearing no others wishing to address the Council, All Ayes the public hearing; was closed. Motion x Adopted Resolution. No. 82 -57 establishing a rate Res 82 -57 All Ayes increase in fees for Community Cablevision as related to 12- channel service, and amending Resolution No. 10002. 4. Mayor Pro Tem Hart. opened the public hearing U/P 1717(A) regarding CLOSING 21ST PLACE TO VEHICULAR TRAFFIC. (88) Report from Public Works, was presented. The City Clerk advised that after the printing of the agenda, letters had been received in opposi- tion to the project from Bank of America and Eileen Rapp. The City Clerk further reported Mrs. Rapp had telephoned the afternoon of April 26, advising that she would like her letter of opposition with- drawn, as she was now in support of the project. The City Manager reported that no protests had been filed on behalf of the utility companies, including the City departments such as Water, Sewer, Fire and Police. • A map was displayed showing the proposed street closure. Richard Lawrence, Applicant, in response to Coun- cil inquiry, advised that the dumpaters on 21st Place will be manually rolled to either end of the street proposed to be blocked off, and will be stored within their building. He has received written support of the project from the owners of the Stag, Sid's Blue Beet, and Eileen Rapp. The only opposition he was aware of was from the Bank of America. Eileen L. Rapp, owner of 60 feet of property adjacent to the project, and Sid Soffer, owner of Sid's B1ue.Beet, 107 -21st Place, spoke in support of the proposed project. Motion x Hearing no others wishing to address the Council, All Ayes the public hearing was closed. Motion x Following comments by staff, Resolution No. 82 -58 Res 82 -58 All Ayes was adopted authorizing the closure of 21st Place between Ocean Front. and McFadden Place to vehicu- lar traffic; directing the City Clerk to record same with the Orange County Recorder; and directed the City Attorney to prepare supplemental findings • to the subject resolution, clarifying the legali- ties involved for consideration under the consent calendar at the next regular meeting. Volume 36 - Page 135 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES s �q ROLL CALLS s� 9 April 26, 1982 INDEX Volume 36 - Page 136 5. Mayor Pro Tem Hart opened the public hearing 15th 6 Bolas/ regarding ASSESSMENT PROJECT= -ALLEY 102D FROM 15TH Assmt Prj STREET TO BOLSA AVENUE (C- 23$°$). C -2327 (38) Report from Public Works, was presented. The Director of Public Works pointed out a correc- tion to Item 7 of the staff report, noting that the assessments may be paid in cash, or the City may allow the assessment to be paid over a 10 -year period at an interest rate of 7% on the unpaid balance. Motion x Hearing no one wishing to address the Council, the All Ayes ' public hearing was closed. Motion x Approved construction of the project per the plan, All Ayes if the property owners do not commence construc- tion within the 60 -day period of public notice. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated except All Ayes for those itfms removed: 1. ORDINANCES FOR INTRODUCTION: Set for public hearing on May 10, 1982: (a) Ordinance No. 82 -7, being, Ord 82 -7 Pkg /Coml Veh • AN ORDINANCE OF THE CITY OF NEWPORT (63) BEACH AMENDING SECTION 12.40.055 OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS PROHIBITED" TO APPLY TO OTHER TYPES OF VEHICLES AND NONMOTORIZED TRAILERS. (Report from the City Manager) (b) Removed from the Consent Calendar. Pass to second reading on May 10, 1982: (c) Ordinance No. 82 -8, being, Ord 82 -8 Massage Prl AN ORDINANCE OF THE CITY OF NEWPORT (27) BEACH AMENDING SECTION 5.50.150 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MASSAGE PARLORS. (Report from the City Attorney) (d) Ordinance No. 82 -9, being, Ord 82 -9 Pkg /Fire Hyd: AN ORDINANCE OF THE CITY OF NEWPORT (63) BEACH ADDING SECTION 12.66.085 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO APPLICATION OF THE CALIFORNIA VEHICLE CODE AS IT RELATES TO PARKING WITHIN.15 • FEET OF A FIRE HYDRANT ON PRIVATE ROADS WITHIN THE CITY AND AUTHORIZING THE POLICE DEPARTMENT TO CITE AND /OR TOW VIOLATORS THEREFOR. (Report from City Attorney) Volume 36 - Page 136 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES ROLL CALLS �� April 26, 1982 - i IucA 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 82 -59 authorizing the destruc- Police Dept tion of certain records in the Police Depart- Res 82 -59 ment. (Reports from the Police Department and VO) City Attorney) 3. CONTRACTS /AGREEMENTS FOR APPROVAL: (a) Subdivision Agreement guaranteeing completion Site Plan of public improvements required with Site Rev #28 Plan Review No. 28; and authorize the Mayor (84) and City Clerk to execute said Agreement. (Lot 1, Tract No. 443, located at 522 North Newport Boulevard, on the southerly corner of North Newport Boulevard and 15th Street, in the 'Old Newport Boulevard Area ") (Report from Public Works) (b) Award Contract No. 2300 to Sully- Miller Misc Resurf/ Contracting Company for $274,250; authorize Reconstr the Mayor and City Clerk to execute the C -2300 contract; and authorize the Public Works (38) Department to negotiate a project change order in the approximate amount of $50,000 to ' add the Shorecliffs area to the resurfacing program. (Miscellaneous Resurfacing and Reconstruction - Report from Public Works) (c) Agreement for Geotechnical Inspection Services Upr Npt Bay/ for the Upper Newport Bay Early Action Plan EAP S Pilot • and Pilot Marsh Restoration Combined Project (Contract No. 2276); authorize the Mayor and Marsh RCP C -2333 City Clerk to execute the subject Agreement. (38) (Report from Public Works) (d) Removed from the Consent Calendar. (e) Map Checking.. Agreement with County of Orange O/C Map Chkg (revised); and authorize Mayor and City Clerk C -1811 to execute said Agreement. (Report from (38) Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) To the Planning Department for reply, and U/P 2074 Planning Commission for inclusion in the (88) records, statement from Bette J. Estes along with petition bearing approximately 37 signa- tures in opposition to video games operation at 3024 East Pacific Coast Highway, Corona del Mar (Use Permit #2074 - Hersel Meyers). (b) To the Planning Department for reply, and Planning Planning Commission for inclusion in the (68) records, letter from Robert J. Craig, express ing opposition to proposed expansion of the St. Andrew's Church. (c) To the Planning Department for reply, letter Npt /Bang from Robert and Frances Tadych regarding Leaseholds • leaseholds in Newport Shores- Banning Ranch. (68) Volume 36 - Page 137 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES y yy ,p�ryA' G ROLL CALLS �+� April 26, 1982 INDEX (d) To the Planning Department for inclusion in Freeway Resv the records, letter from Newport Hills Com- West /Big C'yn munity Association expressing their Board's (68) • feelings regarding Freeway Reservations West (Big Canyon) Planned Community, and Park . Sites issues. (e) Removed from the Consent Calendar. (f) To the License Supervisor, Finance Department Vending /Bus for reply, letter from Audrey J. Maratta (27) regarding vending services. (g) To Traffic Affairs Committee for inclusion in Orchid /PCH'wy the records, copy of letter to CALTRANS from Tfk Signal Corona del Mar Community Association for (85) intersection improvement (traffic signal) at Orchid and Pacific Coast Highway. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Minutes of the Local Agency Formation Commis- sion of Orange County for March 24, 1982. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjust- er: (a) Paul DeSan for alleged false accusation and DeSan arrest by the Police Department, on January 5, 1982. • (b) Mary Lou Hilker for alleged personal injuries Hilker as a result of difference in sidewalk and curb levels at Miramar Street /Balboa Boule- vard, on January 11, 1982. (c) Joan Jeter for property damage, alleging Jeter trash crew took red metal wheelbarrow on trash day on March 10, 1982, at 1940 Teresita Lane. (d) Leslie Pion for personal injuries due to Pion alleged unsafe conditions of control signs/ signals at intersection of MacArthur Blvd. and Ford Road on January 8, 1982. (e) Application for leave to present late claim Prechel of Kristine L. Prechel for personal injuries sustained on April 15, 1981, alleging danger- ous and hazardous conditions existing at intersection of Superior and Placentia Ave- nues. 7. SUMMONS AND COMPLAINTS - For confirmation of the City Clerk's referral to the claims adjuster: (a) Peter Panno for money damages, negligence, Panno breach of third party beneficiary contract, • preliminary injunction, inverse condemnation, and trespass to property, Orange County Municipal Court, Case No. 52250. Volume 36 - Page 138 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ROLL CALL �n 'A Anril 26_ 1982 IIunry 8. REQUEST TO FILL PERSONNEL VACANCIES: None. • 9. STAFF AND COMMISSION REPORTS: For Council information filing - and (a) Removed from the Consent Calendar. (b) Report from Parks, Beaches and Recreation CALTRANS regarding CALTRANS WEST ACQUISITION. West /Acq (62) For Council information and approval - (c) Removed from the Consent Calendar. (d) Report from the City Attorney regarding O'Donnel/ CONFIRMATION OF ATTORNEY ESTIMATES FOR Gordon AIRPORT LITIGATION. C -2331 (38) (e) Reports from Library Director regarding the Library following gilts to the Newport Beach Public (50) Library: 1) Anonymous donation of triptych water color painting valued at $1,750; 2) Former Friends of the Newport Beach Arts Commission donation of oil painting valued at $650; and 3) Mr. and Mrs. Roy Freeman's donation of oil painting valued at $100 - $150 • (estimated). 10. PUBLIC HEARING SCHEDULING: - Set for public hear- ing on May 10, 1962: (a) TENTATIVE MAP OF TRACT NO. 11785 - To con- Tract 11785 sider a request of the J. M. PETERS COMPANY, Newport Beach, to subdivide 12.115 acres of land into seven lots for residential condo- minium development and three lots for private street purposes. Property located in Tract No. 11377, at the southwesterly corner of Bison Avenue and Belcourt Drive North, in, Area 7 of the Aeronutronic Ford Planned Community. (Report from Planning) 11. WESTCLIFF /DOVER DRIVE TRAFFIC MEDIAN LANDSCAPE WClf /Dvr Dr DEVELOPMENT (C -2319) - Approve the plans and Tfk Lndscp specifications; and authorize the City Clerk to C -2319 advertise for bids to be opened at 2:00 p.m., on (38) May 27, 1982. (Report from Parks, Beaches and Recreation /Public Works) 12. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 10274 - Tract 10274 Lot 182, Tract No. 2813, located at 2101 and 2121 East Coast Highway and 777 Avocado Avenue on property bounded by East Coast Highway, Avocado Avenue, Kewamee Drive and Kahma Drive, adjacent to • Irvine Terrace; accept the public improvements Volume 36 - Page 139 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES 'c�` 9��y�9 ROLL CALL J'�t+ April 26, 1982 INDEX constructed in conjunction with Tract No. 10274; authorize the City Clerk to release the Faithful Performance Bond (7116355); and the Labor and • Material Bond (7116355) in six months, provided no claims have been filed. (Report from Public Works) 13. NORTH NEWPORT BOULEVARD DRAINAGE IMPROVEMENTS AT N /Npt B1 Drug ORANGE AVENUE AND HOSPITAL ROAD (C -2124) - Affirm Orng /Hsptl Rd the Negative Declaration of Environmental Impact; C -2124 approve the plans and special provisions; and (38) authorize the City Clerk to advertise for bids to be opened at 11:00 a.m., on May 12, 1982. (Report from Public Works) 14. WATER MAIN REPLACEMENT PROGRAM (C -2221) - Approve Wtr Main Rpl the plans and specifications; and authorize the C -2221 City Clerk to advertise for bids to be opened at (38) 11:00 a.m., on May 13, 1982. (Report from Public Works) 15. Removed from the Consent Calendar. 16. APPEAL OF THOMAS AND NAOMI HOOPER FROM DENIAL OF Curb Cut /Perm AN APPLICATION TO WIDEN A CURB CUT ON SECOND Hooper AVENUE FOR 444 BEGONIA AVENUE - Uphold denial of (80) the application. (Report from Public Works) 17. MAINTENANCE DREDGING APPLICATIONS - Approve the Maint Drdg following applications in conjunction with condi- (51) tions of approval listed in the General Permit issued to the City by the Army Corps of Engineers: • (Report from Marine Department) 110 -1108 Leland Finley /1108 E. Balboa B1. 153 -309 Charles 12. Wickett /309 E. Bay Front 143 -031 Arnel Development Co. /31 Harbor Island 175 -654 Carl Akins /654 Via Lido Nord 225 -1400 City, Newport Beach /Marine Ave. Street- end 225 -1105 City, Newport Beach /Amethyst & Apolena Street -end 225 -600 City, Newport Beach /Collins Ave. Street- end 225 -536 City, Newport Beach /Turquoise Ave. Street -end 258 -312 City, Newport Beach /Pearl Ave. Street - end 18. Removed from the Consent Calendar. 19. BUDGET AMENDMENTS: None. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Public Works Department regarding 19th St /RstRm AWARD OF CONTRACT TO J. H. HEDRICK & COMPANY in Classrm the amount of $58,834 for the CONSTRUCTION OF THE C -2312 19TH STREET RESTROOM AND CLASSROOM; was presented. (38) • Volume 36 - Page 140 C UNCI� ME B RS ROLL COI I � �n CITY OF NEWPORT BEACH Anri] 26. 19R2 MINUTES -- INDEX A letter from Helen Rinderknecht, received after 19th St /RstRm the agenda was printed, asking the City Council Classrm to reconsider the award of contract for the subject work, was presented. It was noted that residents in the area had objected to the location of the restroom and classroom. The City Manager presented a report from the Director of Parks, Beaches and Recreation, advis- ing that the project involves the demolition and reconstruction of an existing restroom and boat storage facility located at the bayside end of 19th Street. The existing facility is used to store sabots used in the City's instructional sailing program. The proposed new construction will make the rest:rooms accessible to the handi- capped, as well as include boat storage and a small area for sailing instruction. The proposed reconstruction will not further encroach on the beach area. It was further pointed out that the location of the restroom facility is ideal for the swimming beach located between 18th and 19th Streets. The 19th Street restroom facility will not be used for public lauching of small boats. Parks, Beaches and Recreation Department sailing classes will use an existing dock for an instructional sabot sail- ing program. The instructional program has been using the existing 19th Street restroom building and dock for the past 15 years without problems. It was indicated by staff that the 19th Street Restroom project would eliminate an unattractive restroom facility existing at the site, and replace it with an attractive well- designed struc- ture, which will provide public restrooms for a heavily used beach area. The proposed restroom facility will not impact existing uses of the 18th to 19th Street swimming beach and will not in- crease sailing activity in the area. Ron Whitley, Director of Parks, Beaches and Recrea tion, stated that the existing sailing program is a year -round program. With the addition of a classroom, students who would normally use the beach for their sailing lesson will now be brought into the building, thereby leaving more space on the beach for other users. The new building will be no larger than the existing structure. Motion x Motion was made to award the contract to J. H. Hedrick and Company as recommended, with the understanding that there would be no intensity of sailing use at the site. • Volume 3fi - Page 141 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES \CALM ROLL J'n 'A Anril 26. 1982 INDEX The following persons addressed the Council in opposition to the restroom and classroom project at the 19th Street site: Beverly James, represent • ing Helen Rinderknecht, 1829 W. Bay Avenue, Tom Hyance, 217 -19th Street, Nina Harper, 233 719th Street, Marian Brown, 221 -19th Street, Joseph Philbrick, 1823 W. Bay Avenue, and Christine Hutchinson, 210 -19th Street. In response to Council inquiry, the Director of Parks, Beaches and Recreation, stated that the existing sailing program at the subject location utilizes the dock space and does not encroach upon the beach area. To relocate the program, as well as the restroom, is a complex problem which has been ,studied for several years. In his opin- ion, there was no other location that could accommodate the program and restroom facility as well, due to the public parking and dock space. Motion x Substitute motion was made to refer the subject Ayes x x x x item to the Parks, Beaches and Recreation Commis - Noes x sion for alternatives as to other site locations. Motion x Motion was made to reject all bids for the 19th All Ayes Street Restroom and Classroom. 2. LETTER FROM JOHN MACNAB REGARDING JOHN WAYNE John Wayne SCULPTURE, was presented. Sculpture (24) Motion x Following comments by Council Member Plummer, Ayes motion was made to authorize the release of donat- ed funds presently held by the City to be paid to the sculptor, Chris Matson. 3. Proposed Ordinance, AMENDING CHAPTER 20.73 OF THE Condo /Zoning NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO (94) RESIDENTIAL CONDOMINIUM PROJECTS, was presented. Motion x Motion was made to schedule the public hearing on the foregoing ordinance for June 14, 1982, in order to allow for additional time for public notification. Barnett Larks, 1901 Beryl Lane, representing the Friends of the Oasis, addressed the Council in support of the motion. All Ayes The motion was voted on, and carried. 4. A letter from Morriss and Alice Cusick regarding 19th St /RstRm opposition to the proposed project to enlarge Classrm the PUBLIC RF.STROOM AND STORAGE ROOM AT 19TH C -2312 STREET PUBLIC BEACH, was presented. (38) Motion x In view of the Council's action taken earlier in Al I Aye a the meeting, the subject letter was referred to the Public Works Department for reply. • Volume 36 - Page 142 CITY OF NEWPORT BEACH C U ME B RS MINUTES 'A ;?nl I rAI I Sn .A Anril 26. 1982 ...... - mv n 5. Report from the Traffic Affairs Committee regard- Tfk Sgnl /Bal ing a PROPOSED FOUR -WAY STOP AT BALBOA AND 15TH 15th St STREET, was presented. (85) • Richard Park, 1128 Ocean Front, representing the Central Newport Beach Community Association, ad- dressed the Council in favor of a signal at the subject location, rather than a four -way stop. He indicated he did not feel a four -way stop would be "worthwhile" as a temporary measure. Frank Hughes, 1521. Ocean Front, spoke in support of a signal at 15th and Balboa, but stated he felt a four -way stop sign was acceptable to the resi- dents if a signal was not approved by the Council. It was pointed out that the Council would be con- sidering the proposed traffic signal during review of the Capital Improvement items on June 14, and that public input could be made at that time. It was further noted that if a signal were approved, it would be four to five months before installa- tion. Motion x Received and filed the subject report, with the All Ayes understanding that said report be recycled and considered with Capital Improvement items on June 14. 6. Report from Parks, Beaches and Recreation regard- Mouth Big ing MOUTH OF BIG CANYON PARK CREDITS, was pre- Canyon /Prk sented. (62) on x Following clarification of the recommendation as to the four acres of park credit, motion was made to approve said recommendation as set forth in the subject report. Mayor Pro Tem Hart stated that the Mouth of Big Canyon is zoned Recreational Open Space. In her opinion, the land was a desirable piece of proper- ty, and she would like Council to consider its acquisition. She ;felt this item should have thorough study prior to action, which could in- elude an appraisal of the property. Richard Sims, representing The Irvine Company, addressed the Council stating that they were prepared to support the staff's recommendation with one clarification. They would like the Coun- cil to consider applying the park credits to Newport Center and Big Canyon Planned Community District instead of limiting the credits to those parcels recommended by staff. Following discussion, Council Member Hummel with- drew his motion. Motion x Motion was made to approve the recommendation as set forth in the staff report. n x Substitute motion was made to defer this item to A Ayes May 24, 1982. Volume 36 - Page 143. C UNCIL ME 8 RS G 1�` •� �• vG��9 3 ROLL CALL u'�+ CITY OF NEWPORT BEACH April 26 1982 MINUTES ' INDEX 7. APPLICATION OF ROBERT AND KATHLEEN TWETER TO Encroachmt/ • ENCROACH ONE FOOT INTO THE PUBLIC RIGHT -OF -WAY ON SECOND AVENUE AT 500 AVOCADO AVENUE WITH RETAINING Tweter (65) WALL EXCEEDING THREE FEET IN HEIGHT, with report from Public Works, was presented. Robert Tweter, 500 Avocado Avenue, Applicant, addressed the Council in support of his appeal. He stated that the four -foot wall was needed, as it was their desire to move the primary entryway from the front of the house to the side of the house. The encroachment of one -foot onto Second Avenue was not their initial intent as indicated in their building permit application. However, their re- taining wall contractor admittingly made an error in the initial construction. They feel the precedent for a one -foot encroachment has been set, inasmuch as another such wall, which exceeds the required height limit, exists at 600 Avocado Avenue, one block to the north. He felt his request was justified and fair,and urged approval. Motion x All Ayes Upheld the decision of the Public Works Depart - ment, and denied the application as recommended. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Report from the Planning Department regarding Kings Rd/ PETITION FROM "SAVE OUR NEIGHBORHOOD" requesting a Height Lmt moratorium on the construction of residences 1 (68) . along the bluff side of Kings Road, and an amend- ment to the Municipal Code, Section 20.02.030A, regarding residential height limitations, was pre- sented. Report from the City Attorney regarding height restrictions on Kings Road - opinion and proce- dures for imposition of moratorium, was presented. - . The City Clerk reported that after the printing of the agenda, a petition had been received, signed by 88 residents on the Bluff side of Kings Road and Kings Place, requesting the Council not reopen the issue, as requested by Save Our Neigh- forhood Organization. In addition, a letter was received from Ronald Brown, Attorney representing Save Our Neighborhood Organization, requesting this item be continued to May 10, 1982. Barbara Luther(500 Kings Road) and Robert Eschbach (510 Kings Road) spoke in support of continuing this item to May 10, 1982. They felt a full Council should be present when this item is to be considered, and they would prefer to be repre- sented by their legal counsel at that time. • Volume 36 - Page 144 COUNCIL MEMB RS ROLL CALL 0 Motion Ayes Noes Motion All Ayes Motion All Ayes CITY OF NEWPORT BEACH MINUTES April 26. 1982 INDEX U/P 1717(A) (88) Park Lido/ Tfk Study U/P 2021(88) The following persons addressed the Council and urged that the subject issue not be reopened: Robert Cecka, 1401 Kings Road, Lori Miller, 128 Kings Place, and Warren Howland, 311 Kings Road. x Received and filed reports from Planning Depart - x x x x ment and City Attorney, and staff to notify Cliff x Haven Homeowners Association of said action. It was indicated that if the Cliff Haven Home- owners Association was desirous of having the City Council reconsider this item, then it should be brought to the attenion of the Council. K. ADDITIONAL BUSINESS: 1. A report from Public Works regarding the ENCROACH- MENT AGREEMENT AND DECLARATION OF COVENANTS FOR NONSTANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF- WAY ALONG MCFADDEN PLACE, OCEAN FRONT, AND 21ST PLACE (USE PERMIT 1717 AMENDED), was presented. x Motion was made to approve the Encroachment Agree- ment for nonstandard improvements with Richard Lawrence, and authorize the Mayor and City Clerk to execute said agreement, with the provision that the surety agreement entered into on April 20, 1982, apply also to subject improvements with a deadline of June: 1 for sidewalk improvements on Ocean Front and McFadden, and June 30 deadline for mall improvements on 21st Place and the alley. Richard Lawrence, Applicant, stated that he was in agreement with the deadline dates for comple- tion, as recommended by the City Attorney and Director of Public Works. The motion was voted on, and carried. x 2. Scheduled the Park Lido Traffic Study for public hearing on May 24, 1982. Meeting adjourned at 11:00 p.m. Mayor FV Tem ATTEST- " C rt y Clerk Volume 36 —Page 145 INDEX U/P 1717(A) (88) Park Lido/ Tfk Study U/P 2021(88)