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HomeMy WebLinkAbout10/27/1986 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES REGULAR COUNCIL M EETING PLACE: Council Chamber s TIME: 7:30 P.M. DATE: October 27, 1986 CO ROLL INDEX The following Proclamations were presented: Toastmasters Communications Month; and Red Ribbon Week, Californians for Drug -Free Youth. Present x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Ayes x x x x x x Meeting of October 13, 1986, was waived, Abstain x approved as written, and ordered filed. Motion x C. The reading in full of all the All Ayes ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the public hearing /P 1421 and City Council review of an appeal by Hoag Hosptl/ CLARA M. LAIDLAW for the VILLA BALBOA Villa Balboa COMMUNITY ASSOCIATION, Newport Beach, (88) from the decision of the Planning Commission on September 4, 1986, approving USE PERMIT NO. 1421, a request of HOAG MEMORIAL HOSPITAL, PRESBYTERIAN, Newport Beach, to construct a 50,000 sq. ft. cancer center and covered walkway • system in the Unclassified District, to be located at 4000 West Coast Highway, on the northeasterly corner of Newport Boulevard and West Coast Highway, Newport Beach. The proposal also includes a request to allow a portion of the structure to exceed the 26 foot basic height limit in the 26/35 Foot Height Limitation District, a request to establish an off - street parking requirement based on a demonstrated formula; a modification to the Zoning Code so as to allow a portion of the required parking to be provided as compact spaces; and the acceptance of an Environmental Document and Traffic Study. Report from the Planning Department, was presented. Appeal application and letters dated September 24, and October 17, 1986, from Villa Balboa Community Association, were presented. • Letter from.Hoag Memorial Hospital Presbyterian, was presented. Volume 40 - Page 424 CITY OF NEWPORT BEACH COUNCIL MEMBERS 9 9 c� F October 27, 1986 Z �\kp%p�� 1G 9O C ROLL MINUTES INDEX Letters from Cordelia and Paul Butler, /P 1421 and Tom and Judith Richards opposed to Hoag's expansion plans, citing safety reasons, traffic, noise, smog and • negative aesthetic effects, were presented. Michael D. Stephens, President, Hoag Memorial Hospital Presbyterian, addressed the Council and stated that the proposed cancer center will be located on the 23 acre CalTrans parcel on West Coast Highway, which was purchased by the hospital three years ago. He stated that timing is critical because the capacity of their radiation therapy unit has been taxed so severly, that both the equipment and facility are badly in need of repair and replacement. They need to expand their facilities and centralize their location for cancer patients. Dr. Robert Shapiro, Director of Radiation Therapy, Hoag Memorial Hospital Presbyterian, addressed the Council and gave a medical overview of the needs for the cancer center. He stated that Hoag Hospital takes care of more cancer patients than any other • institution in Orange County. He stated that the current radiation department is approximately 12 years old, as are the treatment machines which treat 50 to 60 patients per day. The new radiation department will be twice as large as the current division and adequate parking will be provided adjacent to the building. He stated it is imperative that the cancer facility be built as quickly as humanly possible due to the age of the current equipment and the size of department. Phillip R. Schwartze, Vice President, Phillips /Brandt /Reddick, Planning Consultants, addressed the Council and presented a slide presentation of the proposed project depicting view analysis, pedestrian walkway between the hospital and the new facility, utilization of the three levels of the structure, landscaping, Villa Balboa Study, etc. He also made reference to a scale model which was on display. Mr. Schwartze also answered questions of the • Council regarding the height of the pedestrian walkway, and landscaping of the patio level. Volume 40 - Page 425 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s o 2 s q '9 9i 9 ROLL y�9 October 27, 1986 MINUTES 01WIA Paul R. Butler, 280 Cagney Lane, /P 1421 representing Villa Balboa Community Association, addressed the Council and • reviewed safety and geological studies regarding the proposed project. He stated that they are not opposed to a cancer center, only the proposed location. They do not feel the new facility should be constructed on the property purchased from CalTrans for several reasons: 1) The structure would be located directly in front of their building; and 2) 170 feet would have to be cut away from the natural bluff which would endanger their building in the event of an earthquake. Mr. Butler stated that the Newport /Inglewood Fault runs under Pacific Coast Highway and Superior Avenue near the southwest boundary of Hoag's recently acquired property, and is considered the most active fault in Southern California. He stated they feel there is plenty of room to build the cancer center elsewhere on Hoag's property; that the proposal is hazardous, and that the natural bluff should be preserved. In conclusion, he urged the Council to not approve the use • permit. Mr. Schwartze addressed the Council again and stated that the bluff referred to by Mr. Butler is a man -made bluff which was created by the removal of earth by Ca.lTrans and others when construction projects occurred, and is not a natural bluff. Discussion ensued regarding the previous General Plan land use designation for the subject parcel, wherein the City Manager advised that on February 11, 1985, the City Council approved an amendment to the General Plan designating this property as a Governmental, Educational and Institutional Facility, and up to that time, the site had been designated Recreational and Open Space. The proposed development is now consistent with said General Plan. Patricia Temple, Environmental Coordinator, addressed the Council and • stated that in doing the environmental studies for the proposed project, the City drew upon several technical reports and several of the State Geological and Mines maps„ The area in question is a Volume 40 - Page 426 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL Gds �' y�9 October 27, 19815 Iw r%V tt cut slope which was done at the time /P 1421 CalTrans owned the property. The basic geological formation is virtually the same as that which Villa Balboa is constructed on, which is a marine terrace, so the susceptibility of the land to earthquake hazards for both the CalTrans east side and the Villa Balboa is virtually the same. The Newport/ Inglewood ]Fault runs approximately between the City of Inglewood and off -shore Newport Beach. The fault for this area is actually in the ocean. The particular area for this site and the area which runs westerly through the Banning oil fields, was studied very recently in the last couple of years by the State for inclusion in the Alquist Priolo special study zone. These zones were established by enactment of the legislature and are administered by the State Department of Mines and Geology. The State studied the area between the CalTrans east property and the Banning oil fields and basically discovered that there was no significant movement in the 11,000 years and therefore, did not place the area in an Alquist Priolo special study zone. It is, therefore, the staff's opinion, which has been • substantiated by the State, that the specific geologic formation in the area is not of any particular concern. She noted that the designs of the building in the area must meet the seismic requirements of the Building Code. Mr. Schwartze addressed the Council again in response to some of the concerns expressed, and pointed out ' that: 1) Hospitals have to adhere to the most stringent building codes of any type of habitable structure; 2) The proposed center would actually buffer the slope; and 3) The site analysis which was prepared for this project, indicated that the center could not be developed on Hoag's other property due to construction, parking requirements, etc., and therefore, was the reason Hoag purchased the CalTrans parcel. In response to question raised by Council Member Strauss, the City Attorney stated that in the event of an earthquake, he did not feel the City • would be liable for any damage which may be done to the Villa Balboa property. Volume 40 - Page 427 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CALfl October 27, 1986 ROLL uunaY Hayward P. LeCrone, 1810 N. Broadway /P 1421 Street, Santa Ana, addressed the Council and stated that he was representing Clara Laidlaw, President of Villa Balboa Community Association, and Kim Ludlow, • who could not be in attendance. He requested that this hearing be continued to November 10 in order that the above -named persons could be present to express their views. He stated that this project will result in the loss of view to the public, as well as residents of Villa Balboa, have a significant effect on the environment, and they do not feel the project has been effectively mitigated. The development will also exceed the City's height requirement and will result in increased traffic. They also feel that: 1) The proposed use will Prejudice the ability of the City to consider a master site for the development plan of the property; 2) The proposed structure will have a significant adverse effect on the planning of public bike trails and proposed view park; 3) The structure could be designed to avoid the impairment of public view; 4) The height of the structure will result in an undesirable abrupt scale of relationship with the structures in the area; and 5) That environmental documents are not required for projects which are denied. In conclusion, Mr. LeCrone stated he felt the City Council should consider the following additional requirements if the subject use permit is approved: 1) That no portion of the development on Applicant's property exceed the height of the bluff; 2) That the top of the bluff be landscaped with low vegetation to preserve the view of the public from the pedestrian access way and bicycle trail; Volume 40 - Page 428 ,RTiT31 3) That the applicant be required U/P 1421 to use the existing service road to the bottom of the bluff, rather than a new service road and parking near the top of the bluff; 4) That Applicant's representations that there will be no overnight patients, also be made a condition. Wayne Lamb, 9171 Muhulland Drive, Huntington Beach, addressed the Council and stated that his parents reside at Villa Balboa and he is, therefore, very concerned about the proposed construction of a cancer center. He stated they feel there would be a loss of public view, as well as increased traffic if the project is approved. They also feel more time is needed to study the issue, and that timing is not that critical, inasmuch as there is another cancer center approximately 15 miles from Newport Beach which can be used for emergency purposes. Dick Nichols, 519 Iris Avenue, addressed the Council and stated that he works in gas gathering systems and it's his understanding that the bottom of the subject parcel is a gas gathering system, which has not properly been stated. He also understands that there is quite a bit of rock in the ground, rocks covered with clay, and that gases are constantly being gathered from the entire area on both sides of the highway and being brought to the burners and being burned. He stated that it is methane gas, which is of commercial value and could be used and sold to the hospital. With regard to the bluff referenced earlier, he feels it is a natural bluff, even though a portion has been "sheared" off for construction purposes. Cordelia Ramsay Butler, 280 Cagney Lane, addressed the Council and spoke in opposition to the project. She stated that if the project is approved, she will lose her view, and that if the bluff is allowed to be "cut into," it will be hazardous to the Villa Balboa building. She felt the development was • planned poorly, and should be denied. Hearing no others wishing to address the Council, the public hearing was closed. Volume 40 - Page 429 COUNCIL MEMBERS ROLL CAL f G 0 Motion All Ayes • I] WNUTES F October 27, 1986 IR9 ®Elt Council Member Heather raised a question U/P 1421 regarding the use of the existing service road, which required reopening the public hearing in order for Mr. Schwartze to respond. Mr. Schwart:ze stated that the existing service road extension would connect with the main campus under the covered walkway and across, and service the new parking lot: and cancer center. Hearing no other comments, the public hearing was closed. x Following discussion, motion was made to sustain the decision of the Planning Commission, with the provision that the following words be added to Condition No. 19: " . and in no event, shall landscaping exceed the height of the railing." 2. Mayor Maurer opened the public hearing regarding the following initiated by the City of Newport Beach: GENERAL PLAN AMENDMENT 86 -2(C) - An GPA 86 -2(C) amendment to the Land Use Element of the (45) General Plan to redesignate the property located at 3014 West Balboa Boulevard, Newport Beach, from "Two- Family Residential." to "Retail and Service Commercial" uses; AND AMENDMENT NO. 10 TO THE LOCAL COASTAL Amnd#lO PROGRAM LAND USE PLAN - An amendment to LCP /LUP the Local Coastal Program Land Use Plan so as to redesignate the property from "Two— Family Residential11 to "Retail and Service Commercial" uses; AND PLANNING COMMISSION AMENDMENT NO. 639 - PCA 639 An amendment to Section 20.63 of the (94) Newport Beach Municipal Code, the Cannery Village /McFadden Square Specific Map, so as to redesignate the property at 3014 West Balboa Boulevard from "Two- Family Residential" to "Retail and Service Commercial ;" and Districting Map No. 8 to reclassify the subject property from SP -6 (R -2) to SP -6, and establish setbacks. Report from the Planning Department, was presented. Volume 40 - Page 430 r- COUNCIL MEMBERS �S October 27, 1986 -A� ROLL A � ..t0 ,a p: rfTr EPAR2 Russ Fluter, Applicant, 510 30th Street, addressed the Council and stated that he concurred in the recommendation of the • Planning Commission and was available for questions. Hearing no others wishing to address the Council the public hearing was closed. Motion x Motion was made to adopt Resolution No. Res 86 -90 All Ayes 86 -90, approving General Plan Amendment 86 -2(C), an amendment to the Land Use Element of the Newport Beach General Plan, as it: pertains to the property located at 3014 West Balboa Boulevard; and adopt Resolution No. 86 -91, Res 86 -91 approving Amendment No. 10 to the City's Local Coastal Program, Land Use Plan Map No. 8, redesignating the property located at 3014 West Balboa Boulevard from "Two - Family Residential0° to "Retail and Service Commercial ;" and introduce and pass to second reading on November 10, 1986, ORDINANCE NO. 86 -27, an Ord 86 -27 amendment to Section 20.63 of the Newport Beach Municipal Code, the Cannery Village /McFadden Square Specific Area Map, so as to redesignate the property located at 3014 West Balboa Boulevard from "Two- Family Residential" to "Retail and Service Commercial," and Districting Map No. 8 to reclassify the subject property from SP -6 (R -2) to SP -6, and establish setbacks. E. PUBLIC COMMENTS: 1. Nancy Irvine, 3700 Newport Boulevard, Harbor Regs/ representing Yacht Masters and Marine Cmcl Actvts Associates, addressed the Council and stated that: they had a meeting last Thursday with members of the Planning Department staff regarding their parking situation, which they felt was beneficial and gave them some direction. They realize they have many other avenues to explore as a result of their discussions with various City staff, and would like to again meet with the Tidelands Affairs Committee and City Manager regarding commercial activities on the water. They would also like to request that their group be scheduled at a future study session to discuss their concerns further. • The Mayor informed Ms. Irvine that a meeting has been scheduled with the Tidelands Affairs Committee and that she will be receiving proper notification of the time and date. Volume: 40 - Page 431 rmr F. CONSENT CALENDAR* Motion x The following actions were taken as All Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No.86 -92 amending d Hoc Cncl Resolution No. 85 -104 by extending Aviation the team of the Aviation Committee ommittee to December 31, 1987. es86- 92(24) (b) Resolution No. 86 -93 requesting inane/ that the City of Newport Beach be Local Agcy accepted as a member of the Local Invstmt Fnd Agency Investment Fund. (Memo from Res 86 -93 the Finance Director w /resolution) (40) (c) Resolution No. 86 -94 establishing We Tip /" the positive contributions of "We rganiz loes Tip," the nonprofit citizen's crime 86 -94 fighting organization, to the (61) community. (d) Resolution No. 86 -95 authorizing - O- U /Aptd the Mayor to execute a Memorandum Officials of Understanding for appointed Res 86 -95 officials. - 2627(38) (e) Resolution No. 86 -96 authorizing - O- U /Mgmt the Mayor to execute a Memorandum Key Emplyes of Understanding for Management and Res 86 -96 Key Personnel Employees. C- 2628(38) 3. CONTRACTS /AGREEMENTS: (a) Award Contract No. 2563 to SteinySt Light and Company. Incorporated, for the Cnvrsn Prgrm total price of $119,463; and Phs III authorize the Mayor and City to C -2563 execute subject contract for Street (38) Light Conversion Program, Phase III. (Report from Public Works) (b) Authorize the Mayor and City Clerk Npt Bay Bike to execute an Agreement and Grant Eqstrn Trl/ of Easement with The Irvine Company The Irvine regarding Upper Newport Bay Bicycle Company and Equestrian Trail (C- 2435). C- 2435(F) (Report from Public Works) (38) • (c) Removed from the Consent Calendar. Volume 40 - Page 432 COUNCIL MEMBERS moo¢ 1p�9GS�G�F • • 9 \ F October 27, 1986 (d) Authorize the execution of an amended agreement with Sampson Oil Company (C -2428) for operating City -owned oil facilities in West Newport. (Report from Utilities Department) (e) Award Contract to Ralph Anderson for $39,100 as Consultant for Classification and Compensation Study„ (Report from Personnel Director) 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) To Pending Legislation and Procedural Ethics Committee, Resolution No. 1178 of the City of Loma Linda opposing Ballot Proposition 61. (d) To Planning Department for reply, letter from Attorney Richard T. Mudge, representing Avalon Pacific, Inc., objecting to decision made by Council in accepting an amended off -site parking agreement at 2751 West Coast Highway on September 22, 1986. (e) To Aviation Committee for consideration, City of Cerritos excerpt from their Council Minutes regarding air safety, and requesting support for improved air safety measures. (f) To Pending Legislation and Procedural Ethics Committee, request for support from the Metropolitan Water District of Southern California for President Reagan to sign H.R. 3113 into law (allow the California State Water Project and the Federal Bureau of Reclamation to enter into a Coordinated Operation Agreement). ties/ Npt Oil, -2428 38) onnel/ fctn/ Study (38) (48) (68) Hoc Cncl ation 24) (48) (g) To Traffic Engineer /Public Works Traffic /PW Department for response, letter (85) from Rolf Winterfelt regarding increased traffic and the new lane on the 55 Freeway. Volume 40 - Page 433 COUNCIL MEMBERS 9GS`G��A99�y9yFg)�\ October 27, 1986 MINUTES (62) 36) tfus Air (h) To Parks, Beaches and Recreation for inclusion in the records, letter from Alcohol Advisory Board of the Orange County Health Care Agency commending the City Council for its interest and action regarding the social environment during bike and foot races that include participants under the age of 21, 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Judy A. Alcaraz for reimbursement of storage fees imposed by G & W Towing Yard for impounded stolen car on August 24, 1986, alleging she was not advised that her car was in. storage yard until October 14, 1986. (b) Lucia B. Anderson alleging personal injuries as a result of trip and fall on raised sidewalk slab in • front of 123 36th Street, West _ Newport on August 23, 1986. (c) David Bartholomew alleging City truck backed into his vehicle at Topaz Avenue, Balboa Island on September 30, 1986. (d) Edward Brejtfus alleging damage to clothing from newly painted wall at Balboa Pier on October 9, 1986, claiming no signs were posted. (e) Daniel Dutcher alleging personal injuries as a result of being hit while crossing intersection at Pacific Coast Highway and Jasmine Street on July 5, 1986. (f) Robert R. Mayfield /Triangle Heating and Air Conditioning, alleging battery and battery charger which was being used to install Air Conditioner at Corporation Yard, 592 Superior Avenue, on October 10, • 1986, was found missing at the job site on October 13, 1986, and seeking reimbursement. Volume 40 - Page 434 (62) 36) tfus Air CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALOctober 27, 1986 ROLL s MINUTES lslnr v n•vr.n (g) The Newporter Inn seeking indemnity Newporter from claim filed by Priscilla Inn Seeler who fell in parking lot of hotel at 1107 Jamboree Road and sustained personal injuries on March 1, 1985. (h) Volkswagen Aktiengesellschaft Volkswagen seeking indemnity from claim filed Aktiengesel- by Linda Sue and Jerry Murray lschaft resulting from accident at Superior and West Coast Highway. (i) Edward and Beth Walker alleging Walker Police Officers used excessive force and claimants were falsely arrested at 2108 W. Ocean Front (in front of Perry's Pizza) on July 13, 1986. For rejection: (j) Late Claim of Marion P. Anderson Anderson alleging personal injuries as a result of fall off the walkway at Lido Marina Village on June 28, 1986. (k) Late Claim of Yawer Ali Mohammed Mohammed alleging his fishing pole was • damaged when he went to pick it up at the Police Department. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Fountain Valley Transit Mix vs. L. Ft, Valley R. Lehigh to Enforce Notice to Transit Withhold Labor and Materials Bond, Mix /Lehigh wares and merchandise sold and C -2461 delivered, etc., regarding City of Newport Beach Contract No. 2461 - Seashore Drive Reconstruction West of Orange Street. (b) Robert D. Harrison Complaint for Harrison Damages for Deprivation of Civil Rights and Demand for Jury, United States District Court, Case No. 86- 6517- DT(Bx). 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Police Sergeant, Patrol • Division. Volume 40 - Page 435 ROLL CITY OF NEWPORT BEACH COUNCIL MEMBERS \AL s� o s ti v Gss 9 y�9 October 27, 1986 MINUTES MUCA 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the Planning Department HUD /CDBG recommending transmittal of a Funds /HAP • one -year HOUSING ASSISTANCE PLAN (87) (HAP) to the DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) as required by HUD in order to receive next year's COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (b) Report from the Parks, Beaches and PB &R Recreation Director recommending (62) discontinuance of further investigation of a Municipal Skateboard Facility. (c) Report from the City Manager Council regarding Modification of Council Policy Policy Manual. (Attached) (69) (d) Memorandum from City Attorney O'Donnell & requesting approval of fees for Gordon O'Donnell & Gordon (C -2331) from C -2331 September 1 - October 31, 1986. (38) (e) Financial Statement 1985 -86, and Finance/ Management Letter regarding City Audit Audit I -or period ending June 30, 1986, from Moreland and Associates. (40) 10. PUBLIC HEARING SCHEDULING - November 10, 1986: (a) Proposed amended expenditure of Federal $126,440 from the Federal Revenue Rev Shrg Sharing Funds for Fiscal Year (40) 1986 -87. 11. LIDO ISLE BRIDGE - Approve application Lido Isle to relocate existing chain link fence at Bridge Lido Isle Bridge. (Report from Public (74) Works) 12. SPECIAL EVENTS APPLICATION 4186 -187 - Permit/ Uphold staff's recommendation to approve Special Evnt application of Ford Aerospace for 4186 -187 temporary road closure at Ford Aerospace (65) site and adjacent roads for "Spring Tune -Up VII" 1, 5 and 10 K -Run, Saturday, May 2, 1987, subject to conditions in the staff report. (Report from Business License Supervisor) 13. ENFORCEMENT OF SKATEBOARD REGULATIONS - Skateboard • Recommend report from the Youth Council Regs regarding seasonal enforcement of (85) Skateboard Regulations be referred to Traffic Affairs Committee for report back. Volume 40 - Page 436 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL �GROLL �`t Fp F9 October 27, 1986 MINUTES trvu�x 14. BUDGET AMENDMENTS - For approval: (25) BA -036, $83,634 Increase in Budget • Appropriations for reappropriation of prior year's encumbrances as required by GAAFR (erroneously omitted when others were submitted at Council meeting on September 22, 1986); General Fund. BA -037, $400 Increase in Budget Appropriations and Revenue Estimates for donations toy Mr, and Mrs. Howard B. Rapp, Jr. ($200) and Tuesday Club ($200) for the purchase of books; Library Fund. BA -038, $5,000 Decrease in Unappropriated Surplus and Increase in Budget Appropriations for Tidelands research for Balboa Bay Club; General Fund. BA -039, $9,635 Decrease in Unappropriated Surplus and Increase in Budget Appropriations to provide for payment of retention of Little Balboa Island Bridge Rehabilitation (C- 2209); General Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: • 1. Letter from.Althea Line, President, PD Newport Bay Towers Homeowners (70) Association regarding alleged increased disturbances in the surrounding vicinity of 310 Fernando Street, was presented. Loo Von Dyl, 310 Fernando Street, addressed the Council regarding the nuisance problems set forth in the above letter, and their request for regular police patrol during the hours of 10:00 p.m. to 1:00 a.m., Friday through Sunday. He stated that they are subjected to almost nightly disturbances, and that visitors park on their streets, in their alleys, and at times on the sidewalks. Loud boistrous, foul language, car screeching, bottle - throwing, drinking, heavy litter, urinating, and fights is the order of their weekend nights. !lotion x Following discussion, motion was made to All Ayes refer the subject letter to the Police Department for reply. . 2. Letter from Peggy LaGrandeur reguesting PW /Permit Council hearing for request to construct (65) brick wall encroachment at 2100 Miramar Drive, Balboa, was presented. Volume 40 - Page 437 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CALOctober 27, 1986 ROLL p luncv Ms. LaGrandeur was advised to contact the Public Works Department and make application for encroachment permit, which if filed timely, would appear on the November 10, 1986 agenda. Mo on x In view of the foregoing, motion was All Ayes made to refer the above letter to the Public Works Department for appropriate action. 3. Report from Public Works Department PCH Widng/ recommending that the City Council MacA- Jambre approve the action on the agenda (Phase I) regarding Coast Highway Widening C -2565 Project -- MacArthur Boulevard to Jamboree (38) Road (Phase I), was presented. Dick Nichols, 519 Iris Avenue, addressed the Council in opposition to the proposed project. He stated that the design is so large the highway will be incompatible with adjacent neighborhood. He stated that they are not against a 6 -lane road, but are opposed to an 8 -lane road. He urged the Council to reconsider the project prior to taking further action. Motion x Following comments by Council Member yes Cox, motion was made to waive the irregularity in the bid documents of Fleming Engineering, Incorporated; and award Contract No. 2565, PAU Project M- 5001(35) to Fleming Engineering, Inc. for the total price of $2,851,775; and authorize the Mayor and City Clerk to execute subject contract for Coast Highway Widening Project -- MacArthur Boulevard to Jamboree Road (Phase I). H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Report from Public Works regarding Permit/ APPLICATION TO CONSTRUCT A FENCE AND Encrchmt GATE ACROSS PUBLIC RIGHT -OF -WAY BETWEEN (65) #1 CANAL CIRCLE AND 447 CANAL STREET, was presented. The City Manager summarized the subject report noting that on August 25, 1986, the City Council considered a letter • from Pete Compton, #1 Canal Circle, appealing a denial by the staff of an application for a permit for a six - foot -high fence and gate that had Volume 40 - Page 438 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CAL ROLL �f �A October 27, 1986 INDEX �Y y` been constructed across a 20- foot -wide Permit/ public right: -of -way located between #1 Encrchmt Canal Circle and 447 Canal Street in Newport Shores. The City Council continued the matter until October 27, • to permit the staff to report back with alternatives. It was further noted by the City Manager that the 20• -foot right -of -way was dedicated for public use by the developer of Tract No. 772. The property is unimproved except for a storm drain down the center. Mr. Compton has requested that the City sell the property to him; however, because the right-of-way was acquired by dedication, it cannot be sold. Furthermore, Section 39933 of the Government Code implies that the City cannot abandon the right -of -way because it provides access from public streets to navigable waters. In addition, the staff of the Coastal Commission reports that the fence is in violation of the Coastal Zone Act because it prohibits public access to the navigable waters of the State. Mayor Pro Tem Plummer stated that a • similar type of easement exists on the other side of the Semeniuk Slough, which she understands the property owners were allowed to purchase. She stated she would like the staff to investigate the circumstances to determine if they are similar to that of Mr. Compton's, and report back on November 10, 1986. Motion x In view of the foregoing, motion was All Ayes made to continue this item to November 10, 1986. J. CURRENT BUSINESS: None. K. ADDITIONAL BUSINESS: None. Meeting adjou d'� �'t 10: 5 h '! I� NAM Y O ATTEST: City Clerk Volume 40 Page 439 �Y y`