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HomeMy WebLinkAbout10/09/1989 - Regular Meeting�ent x x Motion All Ayes Motion All Ayes 0 • CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING O �9 PLACE: Council Chambers -\Ve_40�to TIME: 7:30 P.M. 4 DATE: October 9, 1989 X x x x x X X A Proclamation was presented by Mayor Strauss in recognition of the ANNUAL UNITED WAY CAMPAIGN. ROLL CALL. B. Reading of Minutes of Meeting of September 25, 1989 was waived, approved as written, and ordered filed. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. HEARINGS: 1. Mayor Strauss opened the public hearing regarding PROPOSED ORDINANCE NO. 89 -28, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE ESTABLISHING THE MULTI- FAMILY RESIDENTIAL (MFR) DISTRICT [PLANNING COMMISSION AMENDMENT NO. 6871, was presented for second reading with report from Planning Department. Bob Lenard, Advance Planning Manager, advised that on August 24, 1989, the Planning Commission initiated Zoning Amendment No. 687, etc., which is intended to implement the provisions of the comprehensive revisions to the General Plan adopted by the City Council on October, 24, 1989. When the Council adopted the comprehensive General Plan revision, residential densities were designated for various multi - family areas. These densities and permitted uses do not directly correspond to the existing R -3 or R -4 residential zoning categories. Therefore, a new district, the Multi- Family Residential, or MFR District, has been proposed. The Planning Commission held public hearings regarding the proposed MFR District on August 24, 1989 and September 7, 1989. At that time, discussion centered primarily on allowable gross floor area, building height, and parking and these issues are discussed in more detail in the staff report. The ordinance under consideration was introduced by the City Council on September 26. Volume 43 - Page 395 Ord 89 -28 Zoning (94) PCA 687 • • • CITY OF NEWPORT BEACH MEMBERS 0* 9� \3�A GIN October 9, 1989 Mr. Lenard further stated that ultimately the properties that remain Multi - Family Residential.under the new General Plan will be rezoned from R -3 and R -4 to this new MFR District. In addition, the Planning Commission is considering zone changes for properties, as part of the General Plan implementa- tion, that are currently zoned R -3 and R -4 that are going to be rezoned R -1 and R -2. Those hearings will be commencing before the Commission next week, and involve approximately 1,000 properties on the Peninsula and West Newport. The MFR District being considered at this time is not being applied to any properties and is merely being created for the Multi- Family Residential properties which remain since the General Plan was revised last October. It was noted that when the Planning Commission considered this item three issues were discussed, i.e., building bulk, building height, and parking. Reference was made to handwritten page 5 of the staff report, wherein a zone comparison was shown regarding building heights, side yard setbacks, parking and permitted uses in the R -2, R -3, R -4 and MFR zones. With regard to building bulk, the Planning Commission has recommended that a maximum of 200 square feet per required parking space be permitted for portions of a structure devoted to enclosed parking which is in excess of the basic limit of 1.75 times the buildable area of the lot for the reasons stated in the report. Pertaining to building height, under the proposed ordinance, the 24/28 foot height limitation district would be applied to the MFR District, further limiting building bulk. Thus, the basic height limit in all residential districts would be 24 feet. Regarding parking, inasmuch as the provision of parking has long been a problem in higher density areas of the City, the Planning Commission has recommended the following requirements: One or two dwelling units on a lot: At least two parking spaces for each dwelling unit. Volume 43 - Page 396 MINUTES MFR Zoning • L • CITY OF NEWPORT BEACH NCIL MEMBERS S9 \10�\Oa oo y � Octobe r 9, 1989 MINUTES 2. Three dwelling units on a lot: MFR At least two parking spaces Zoning for each dwelling unit and one additional guest parking space, for a total of seven spaces overall. 3. :Four or more dwelling units on a lot: At least 2.5 parking spaces for each dwelling unit of which at least 0.5 parking spaces per dwelling unit shall be provided for guest parking. At this time, a slide presentation was given depicting the building heights of various structures in the R -2, R -3 and R -4 zones constructed under the existing R -2, R -3 and R -4 zoning requirements. Mr. Lenard stated that one other issue has come up since the Planning Commission hearing regarding City standards for subterranean parking and what type of slope is required for ramping, which is currently being looked at by the Public Works and Building Departments. In response to Council inquiries, it was noted that in Old Corona del Mar, the Residential Development Standards would continue to limit the gross floor areas of residential development to 1.5 times the buildable area of the site; the majority of the areas proposed for MFR would not include the large planned community zoned properties; and the new standards for the MFR district include larger setbacks as shown on handwritten page 5 of the staff report. Todd Schooler, Architect, 503 32nd Street, addressed the Council and stated that he met with a group of architects who do a :reasonable amount of design work in the City to review the subject ordinance, and as a result, they are concerned with a few of the issues proposed. Regarding parking verses buildable area, they feel that the proposed change from 2 times buildable, including parking, to livable area ratio is good and support it. However, since parking on the Peninsula is a major issue, they feel additional parking should be promoted beyond what is being required. Pertaining to building bulk, if subterranean garages are eliminated and height limits are lowered, the same Volume 43 - Page 397 • Motion • CITY OF NEWPORT BEACH 9 G� October 9, 1989 x amount of buildable area is being utilized into a smaller three - dimensional space, therefore they felt some combination of a higher height limit would be better. Mr. Schooler displayed slides of structures with subterranean garages which are proposed to be eliminated under the new MFR district ordinance, to which he is opposed. With regard to guest parking, Mr. Schooler stated that under the new ordinance tandem parking is not allowed, which he felt should be reevaluated, particularly in the ocean front areas. He also stated that if the height limit was to remain as present, it would give him more flexibility in the area of design. He also felt that lowering height limit would not eliminate building bulk. In conclusion, Mr. Schooler submitted a letter from Rob Patterson, Architect, 18002 Skypark Circle, Irvine, citing concerns and suggestions relative to the proposed ordinance. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and indicated he was in support of the concept of the proposed ordinance, but suggested there be additional interaction among staff and local architects prior to final adoption. Bill Martin, 1824 W. Ocean Front, addressed the Council in concurrence with the remarks of Mr. Schooler. Following discussion, motion was made to uphold the decision of the Planning Commission and adopt Ordinance No. 89 -28, as presented. Council Member Turner commented he was somewhat uncomfortable in reducing the proposed height limit, as he felt it would take away a certain amount of flexibility from the architects, and therefore, suggested this item be continued at the present time. Mayor Pro Tem Plummer agreed with the comments of Council Member Turner in terms of reducing the height limit, and stated she felt it would be worth while to continue this subject for additional input and report back. Volume 43 - Page 398 MINUTES MFR Zoning • Motion All Ayes �J • CITY OF NEWPORT BEACH MINUTES 0 0g October 9, 1989 x Mayor Strauss indicated he was in favor of reducing the height limit, and will support the motion to adopt the ordinance as written. . Council Member Cox stated he would like to see the existing height limit remain, but would also like a setback area established off of alleys and front yards on the second story so that a billboard effect is not created. Council Member Watt indicated she was also in agreement with deferring this item for additional information. Council Member Sansone requested that staff clearly define "what is a side yard and from what point that side yard is measured." He was also concerned with setbacks off of alleys on the 8 ft. ground level. In view of the foregoing comments, Council Member Hart withdrew her motion, and made a new motion to continue this item to October 30 for additional input from staff. Mayor Strauss opened public hearing and City Council review of an APPEAL BY LOURDES GULMATICO, Huntington Beach, from the denial by the Planning Commission on August 10, 1989, for USE PERMIT NO. 3356, a request to permit the establishment of a take -out restaurant with on sale beer and wine and incidental seating, specializing in pizza, on property located at 107 Palm Street, Central Balboa; zoned C -1. The proposal also includes a request to waive the required off - street parking spaces. Report from the Planning Department. Appeal application and statement of Lourdes Gulmatico. The City Clerk advised that after the agenda was printed, a letter was received from Mary Jane Lewis in opposition to the appeal. The City Manager outlined the staff report, wherein it was noted that the Planning Commission first considered this application at its meeting of July 6, 1989; however, no action was taken at that time, inasmuch as the Volume 43 - Page 399 MFR Zoning U/P 3356 (88) LL • r� �J • CITY OF NEWPORT BEACH MINUTES to \GN October 9, 1989 N Planning Commission could not reasonably make the required finding that the establishment of the subject take -out restaurant was not an intensification of use. The inability to make such a finding arises from the provisions of the recently adopted General Plan update, whereby take -out restaurants are classified as "Reduced FAR Uses" which have a Floor Area Ratio development limit of 0.3. However, inasmuch as the Planning Commission was going to be considering a proposed "Specialty Food Uses" Ordinance at its meeting of August 10, 1989, whereby certain specialized take -out food establishments would be considered the same as a retail use relative to the allowable intensity of development, Use Permit No. 3356 was continued to the August 10, 1989 Planning Commission meeting. Said continuance was significant, inasmuch as the proposed "Specialty Food Uses" Ordinance included provisions which would allow the Planning Commission to make a finding that the proposed pizza facility did not represent an intensification of use, provided that the operational characteristics of the facility were such that it did not open before 8:00 a.m. and closed before 10:00 p.m.; it did not involve the sale of alcoholic beverages; it was limited to 1,200 sq. ft. of gross floor area; and provided no more than 12 seats or stand -up counter spaces for patrons. The City Manager continued that at its meeting of August 10, 1989, the Planning Commission considered the proposed "Specialty Food Uses" Ordinance which, in addition to including the above described provisions associated with intensity of use, also included provisions which allowed such uses to be established without the approval of a use permit, provided it met certain criteria. The Planning Commission had some significant concerns regarding the proposed ordinance and voted unanimously to continue the item to its October 5, 1989 meeting. In light of said continuance, along with the fact that the applicant for this Use Permit was reluctant to have his application continued again, the Planning Commission voted unanimously to deny Use Permit No. 3356. Volume 43 - Page 400 /P 3356 YCCIL MEMBEF CITY OF NEWPORT BEACH October 9, 1989 MINUTES The City Manager also stated he felt another reason this use permit was denied was because of insufficient • parking. Under current standards, the proposed restaurant use would require a total of 19 off — street parking spaces. Four parking spaces were provided, and 14 parking spaces would have to be waived. Carlo Mione, applicant, appeared before the Council in support of his request to open a Pappa Mione's restaurant at the subject location. He stated that prior to submitting his application for a use permit, he reviewed his plans with the staff, and it was indicated to him at that time, there should be no problem in processing his application. He was also told about the proposed Specialty Food Uses Ordinance being considered by the Commission, and was informed that when it is adopted by the City Council, he would not be required to file for a use permit or file an application with the Coastal Commission if he delayed the filing of his application. During the public hearing before the Planning Commission, he was told that the City • could not accept his application, inasmuch as it exceeds the permitted FAR requirements of the General Plan for restaurant uses. He contended his application was not any different than that of a bakery, and offered to withdraw his application for beer and wine. He stated he has operated two other pizza restaurants on Balboa Island and in Lido Village, and would like to serve the public in the Balboa area. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and indicated he felt there should be better communication between the Planning staff, Planning Commission and City Council. He also felt that due to the high cost of property, it was almost impossible for tenants who rent commercial property to provide sufficient parking, and that this issue should be given consideration. Dennis Clark and Jack Prebicin, 600 E. Ocean Front, addressed the Council in • opposition to the proposed take -out restaurant if the applicant is allowed to serve beer and wine. Volume 43 - Page 401 U/P 3356 Motion • • CITY OF NEWPORT BEACH co \GN -k October 9, 1989 X MINUTES Discussion ensued with regard to the application not being consistent with the General Plan, and the request for waiver of parking requirements, and following consideration, motion was made to sustain the decision of the Planning Commission, and deny the subject application. It was pointed out by the City Attorney that if there was a misunderstanding between the applicant and the staff, and the staff did in fact make an error of misinforming the applicant, this does not give the applicant a vested right to proceed with the project, nor does it prevent the Planning Commission or City Council from applying the ordinances of the City. The Planning Director advised that the proposed Specialty Food Uses Ordinance that is pending before the Planning Commission does not carry with it the same requirements that would be imposed on a take -out restaurant or a free - standing sit down restaurant as required by current zoning regulations. It has been the inability of the Planning Commission to come up with an opinion as to what they want to see in that particular ordinance, which basically lead to the denial of the subject application. He stated he still feels confident that once the Specialty Food Ordinance is adopted, Mr. Mione would be able to have some type of food operation at the subject location, but until that ordinance is in effect, the application under consideration does not meet the requirements of the General Plan. Council Member Cox spoke against the motion to deny, stating that the subject location is already in a commercially zoned area with an established visitor -base, and inasmuch as the proposed use is only 700 sq. ft. in size, he did not feel the impact would be that significant. A question was raised as to when the Specialty Food Uses Ordinance might be considered by the City Council, and it was indicated that if the document is introduced on November 13 and adopted on November 27, it would be effective December 27. Volume 43 - Page 402 U/P 3356 CITY OF NEWPORT BEACH COUNCIL MEMBERS October 9, 1989 Motion All Ayes Motion All Ayes x x The City Attorney pointed out that if the Specialty Food Ordinance is adopted by the City Council, he does not feel Mr. Mione would have to apply for a use permit to the Planning Commission for the requested use. MINUTES Following discussion, substitute motion was made to continue this public hearing to December 11, 1989. Carlo Mione, applicant, stated he had no objection to the continuance, and that he formally withdraws his request to serve beer and wine. The substitute motion was voted on and carried. Council Member Sansone suggested staff consider implementing some type of a disclaimer so that when an applicant comes to City Hall to receive information as to what he or she can or cannot do with respect to zoning regulations, that information cannot be used to interpret an approval to proceed, and that this item be brought back to a future study session. Mayor Strauss opened the public hearing pursuant to Newport Beach Municipal Code Section 5.12.100 concerning request of ORANGE COAST YELLOW CAB for taxicab rate increase, which will also apply to other taxicab companies operating within the City. Report from Business License Supervisor. Bill Craig, Manager, Orange Coast Yellow Cab Company, addressed the Council and stated he was available for questions. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to uphold staff's recommendation to approve requested rate increase by adopting Resolution No. 89 -112. PUBLIC COMMENTS: Dennis Clark, 600 E. Ocean Front, addressed the Council regarding the noise and traffic congestion in the vicinity of the parking lot in front of 600 E. Volume 43 - Page 403 U/P 3356 Orng Cst Yellow Cab (86) 89 -112 Ocean Traffic L • on Ayes 1 CITY OF NEWPORT BEACH MINUTES 4s A�9'f% p� 9�,► G� October 9, 1989 Ocean Front, and requested Police enforcement in that area from 10:00 p.m. to 12:30 a.m. on weekends during the winter, and from 10:00 p.m. to 3:00 a.m. every night during the summer. In view of the foregoing comments, the staff was directed to brief the Council at an upcoming study session on the status of the cruising ordinance. 2. Ron Rerrick, 890 W. 15th Street, resident of Seacliffe Mobile Home Park, addressed the Council regarding rent control. He stated that the owner of the mobile home park has raised the tenants rent substantially over the years, with a 14 %,last year. Mr. Rerrick was advised that the City Council does not have the authority to mediate or arbitrate rent control and that it is a private matter between the property owner and tenant. Following discussion, Council Member Watt commented that she would like more information on the Rent Arbitration Board concept, to which there were no objections. 3. Nan Von Oppenheim, 423 E. Edgewater, addressed the Council regarding dredging in front of Newport Landing. The City Attorney reported that he has spoken to Ms. Von Oppenheim and Tony Melum, Tidelands Administrator, regarding this issue and stated that the project involves 146 cu. yds, of dredging which is well under the 500 cu. yds. limit the Coastal Commission considers to be maintenance dredging. Ms. Oppenheim requested that the City impose a condition on the permit requiring the person engaged in the dredging to indemnify the Oppenheims for any damage caused to their facility, to which Mr. Melum has agreed to add to the permit. Mr. Melum has also delayed the issuance of this permit to allow the Oppenheims to study the request further. F. CONSENT CALENDAR: x rhe following actions were taken as indicated, except for those items removed. Volume 43 - Page 404 0 Parks Landg OUNCIL MEMBEF • • • CITY OF NEWPORT BEACH MINUTES October 9, 1989 1. ORDINANCES FOR INTRODUCTION: Pass to second reading on October 30, 1989 - (a) Proposed ORDINANCE NO. 89 -29, Ord 89 -29 being, Veh /Trfc Avon /Angl AN ORDINANCE OF THE CITY Pkg COUNCIL OF THE CITY OF NEWPORT (85) BEACH AMENDING SECTION 12.40.100 OF THE NEWPORT BEACH MUNICIPAL CODE TO DESIGNATE THE PORTION OF AVON AVENUE WESTERLY OF RIVERSIDE AVENUE FOR ANGLE PARKING. (Report from Traffic Affairs Committee) (b) Proposed ORDINANCE NO. 89 -30, Ord 89 -30 being, Adm /Sfty (31) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REPEALING SECTION 2.12.120 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DUTIES OF POLICE, MARINE AND FIRE DEPARTMENTS IN CASE OF DISTRESS. (Report.from the City Attorney) for public hearing on October 30, (c) Proposed ORDINANCE NO. 89 -31, Ord 89 -31 being, Zoning Seaview AN ORDINANCE OF THE CITY Avenue COUNCIL OF THE CITY OF NEWPORT (94) BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 17 SO AS TO ESTABLISH A TEN FOOT FRONT YARD SETBACK ALONG CARNATION AVENUE (PRIVATE) FRONTAGE OF PROPERTY LOCATED AT 2500 SEAVIEW AVENUE IN CORONA DEL MAR; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT [PLANNING COMMISSION AMENDMENT PCA 685 NO. 6851. (Report from the Planning Department) Volume 43 - Page 405 CITY OF NEWPORT BEACH COUNCIL MEMBERS A '� aAA f, P� iC G9'Ltn O,y G+%� 9p9�A � 9AA nw, 1 to �� NN October 9, 1989 MINUTES TiTJ � � 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 89 -113 ESTABLISHING Fee /Amateur A FEE FOR AN APPEAL of a decision Radio Ant • of the Planning Director and Prmt /Satlt Planning Commission REGARDING AN Dish APPLICATION FOR AN AMATEUR RADIO Appeal ANTENNA PERMIT AND SATELLITE DISH Res 89 -113 ANTENNA PERMIT. (Report from the (40) City Attorney) (b) Resolution No. 89 -114 ESTABLISHING Fee /Video- FEE FOR VIDEOTAPE REPRODUCTIONS. tape (Report from the City Attorney) Res 89 -114 (40) (c) Resolution No. 89 -115 reestablishing a PARKING PERMIT Pkg Prmt SYSTEM FOR USE IN CERTAIN CITY Sys /Canry PARKING LOTS AND OFFSTREET PARKING Vlg METER ZONES, [CANNERY VILLAGE] AND Res 89 -115 RESCINDING RESOLUTION NO. 89 -37. (63) (Report from Offstreet Parking Committee) (d) Resolution No. 89 -116 DETERMINING Finance/ AND ESTABLISHING AN APPROPRIATIONS '89 -90 LIMIT FOR FISCAL YEAR 1989 -90 in Aprprtns accordance with Article XIII -B of Lmt the California Constitution and Res 89 -116 Government Code Section 7910. (40) • (Resolution w /memorandum from Finance Director) 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk Npt B1 Wdg to execute Amended Engineering 32nd St - Service Agreement with Williamson PCHwy and Schmidt Consulting Civil -2642B Engineers for NEWPORT BOULEVARD (38) WIDENING, 32ND STREET TO PACIFIC COAST HIGHWAY - AMENDED ENGINEERING SERVICES AGREEMENT [Contract No. 2642B]. (Report from Public Works Department) COMMUNICATIONS - For referral as indicated: (a) To General Services for inclusion "IS/Solid in the records, memorandum from dst Mgm Orange County Division of League of (44) California Cities concerning the County of Orange's recommendation to abolish the ORANGE COUNTY LOCAL ENFORCEMENT AGENCY ON SOLID WASTE • MANAGEMENT. Volume 43 - Page 406 CIL E • • CITY OF NEWPORT BEACH MINUTES \y9'A C� 9�A 'v GN October 9, 1989 N (b) To Marine Department for reply, letter from Debbie Holman concerning FISHING OFF THE NEWPORT PIER and the history of the Dory Fishermen. (c) To Executive Assistant to the City Manager for response, letter from Patricia Wilsey to COMCAST with complaint of recent and past unsatisfactory customer service. (d) To Building Department for response, letter from Berenice Maltby concerning enforcement of the BUILDING CODE for the construction at 717 Orchid. (w /copy of response dated September 25 from Building Director) COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Letter from American Red Cross, Orange County Chapter, expressing appreciation for the support received from City employees who participated in the recruitment and who donated their blood during the City's recent BLOOD DRIVE. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Nigel H. Armstrong alleging his parked vehicle damaged by City refuse truck at Via Jucar (Lido Isle) on September 26, 1989. (b) Danny Jaimez alleging physical abuse during arrest on South Street at West Street in Anaheim and Newport Beach Police Station on March 25, 1989. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Harold V. Roseberry, Orange County Superior Court Case No. 602306 for deprivation of civil rights, assault and battery, personal injuries, etc. Claim was denied by City Council on March 13, 1989. Volume 43 - Page 407 Marine Dpt (51) COMCAST/ CATV (42) Building Dpt (26) (36) imez (36) seberry CITY OF NEWPORT BEACH MINUTES co 4 \GN October 9, 1989 l�,p to (66) (62) (44) U/P 3229 Appeal Finley Tr Imprms C -2462 (38) 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) • (a) One Marine Safety Officer, Marine Department. (b) Two Police Dispatchers, Police Department. (c) One Park Equipment Mechanic, Parks Division. (d) One Utilities Specialist II, Water division. (e) One Equipment Serviceworker, Equipment Maintenance Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from Parks, Beaches and Recreation Director concerning REQUEST FROM FRIENDS OF OASIS TO SERVE ALCOHOL AT TWO ANNUAL EVENTS on November 11 and December 3, 1989. • (b) Report from General Services Director concerning SALE OF CITY VEHICLE and various City equipment to City of Ensenada for $1,500. For Council information and filing: (c) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING: October 30, 1989 - (a) APPEAL OF SAN D. VANDERSLOOT, M.D., from Planning Commission decision on September 7, 1989, approving application of Lee West (Newport Imports) for USE PERMIT NO. 3229. November 13, 1989 - (b) FINLEY TRACT IMPROVEMENTS [CONTRACT NO. 2462] - Hear and pass upon cost of construction concerning P.C.C. Improvements in the Finley Tract • using the procedure of Chapter 27 of the Improvement Act of 1911. (Report from Public Works Department) Volume 43 - Page 408 (66) (62) (44) U/P 3229 Appeal Finley Tr Imprms C -2462 (38) • • CITY OF NEWPORT BEACH EMBERS MINUTES O 4 9 GIN October 9, 1989 INDEX 9 11. NONSTANDARD IMPROVEMENTS AND STREET Tract 11937 MAINTENANCE FOR BACK BAY DRIVE ADJACENT TO TRACT NO. 11937 - Approve an agreement for nonstandard improvements and street maintenance for a portion of Back Bay Drive adjacent to Tract 11937 with the Irvine Company; and authorize the Mayor and City Clerk to execute subject agreement and record with Orange County Recorder. (Report from Public Works Department) 12. CONSTRUCT NEW RESTROOM AND REMODEL estrm/ LIFEGUARD HEADQUARTERS (CONTRACT NO. Lifeguard 2721) - Approve the plans and dl specifications; and authorize the City C -2721 Clerk to advertise for bids to be (38) received and opened at 2:00 p.m. on November 9, 1989. (Report from Public Works Department) 13. NONSTANDARD DRIVEWAY APPROACH AT 3607 Permit/ . FINLEY AVENUE - Uphold staff's approval Faubert of the execution of an agreement for (65) nonstandard improvements at 3607 Finley Avenue [Mary Ann Faubert]. (Report from Public Works Department) 14. HARBOR PERMIT APPLICATIONS - Uphold Harbor staff's recommendation in the reports Permit from the Marine Department for the (51) following: (a) Application No. 129 -2703 by ApIi# 129 -. Bertha Robinson Partnership to 2703 revise the commercial docks bayward of 2703 West Coast Highway, approve, subject to conditions in the staff report. (b) Removed from the Consent Calendar - Application No. 1.05 -2209 by Lynn Burnett to build a new bulkhead bayward of 2209 Bayside Drive. 15. SPECIAL EVENT PERMIT - Uphold staff's Special recommendation to approve Application 7vents No. 89 -317 for public pyrotechnics ermit display Grand Reopening Celebration at kpli# 89- Fashion Island, Newport Center for 317 October 23 thru 29, 1989. (Report from (65) Business License Supervisor) 6. BUDGET AMENDMENTS - For approval: (25) BA -031, $29,500 - Transfer in Budget Appropriations for purchase of new truck tractor; General Services- Refuse Fund. Volume 43 - Page 409 L Motion All Ayes • Motion 0a s CITY OF NEWPORT BEACH MINUTES co \GN -4 October 9, 1989 lnfl � x X I x I x I x I x I x BA -032, $2,120 - Transfer in Budget Appropriations for one -half of the cost of entrance sign for Corona del Mar; General Services- Traffic Signs and Markings Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Marine Department recommending HARBOR PERMIT APPLICATION NO. 105 -2209 by Lynn Burnett to build a new bulkhead bayward of 2209 Bayside Drive be referred to the Tidelands Affairs Committee for review and report back to the City Council. X Council Member Watt stated she was in concurrence with the recommendation; however, she did want the television audience interested in this item to be aware of said recommendation and action, and therefore, moved to refer this item to the Tidelands Affairs Committee for review and report back to the City Council. Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON SEPTEMBER 21, 1989, and a copy of the PLANNING COMMISSION AGENDA REGULAR MEETING OF OCTOBER 5, 1989. Motion was made to schedule public hearing on October 30, 1989 for Site Plan Review 52; Use Permit No. 3361; Traffic Study No. 59; Tentative Tract Map No. 14025; Coastal Residential Development Permit No. 18; and proposed Ordinance amending Section 20.63.035 of the Newport Beach Municipal Code so as to allow Mixed Use Retail /Commercial and Retail land uses as permitted uses in the Recreational and Marine Commercial District of the Cannery Village /McFadden Square Specific Plan [Planning Commission Amendment No. 689); and to receive and file the remaining actions. Council Member Cox spoke against the motion stating he felt the presentation given by the Planning Director at the study session this afternoon on the proposed project was sufficient review. x I The motion was voted on and carried. Volume 43 - Page 410 (65) (68) 105- L • Motion All Ayes C • CITY OF NEWPORT BEACH MINUTES F� �ih October 9, 1989 s x H. 1. ORDINANCES FOR ADOPTION: Proposed ORDINANCE NO. 89 -27, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.56.020 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE WAIVER OF BICYCLE REGISTRATION FEES AT CITY SPONSORED BICYCLE SAFETY PROGRAMS, was presented for second reading with recycled report from the City Attorney dated September 18, 1989. Motion was made to adopt Ordinance No. 89 -27. CONTINUED BUSINESS: CURRENT BUSINESS: eeting adjourned at 9:50 p.m. to October 30, 989 (no Council meeting on October 23, due ATTEST: ty The agenda for this meeting was posted on October 5, 1989, at 8:15 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 43 - Page 411 Ord 89 -27 (85)