HomeMy WebLinkAbout01/27/1992 - Regular MeetingCOUNCIL MEMBERS
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Present X x X x
Motion X
All Ayes
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CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
PLACE: council Chambers
TIME: 7::00 P.H.
DATE: January 27, 1992
X
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A. ROLL CALL.
B. Reading of Minutes of Meeting of
January 13, 1992, was waived, approved
as written, and ordered filed.
C. Reading in full of all ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
1. Mayor Sansone opened the public hearing
regarding PROPOSED ORDINANCE NO. 92 -1,
being,
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH AMENDING TITLE 20 OF
THE NEWPORT BEACH MUNICIPAL CODE
SO AS TO ESTABLISH SPECIFIC
NONCONFORNING PROVISIONS FOR
RESIDENTIAL STRUCTURES AND USES
WITHIN THE MARINERS MILE SPECIFIC
PLAN AREA (PLAMMJG COMMISSION
AMENDMENT NO. 747).
Report from the Planning Department.
It was noted that at its meeting of
October 10, 1991, the Planning
Commission considered a request to
initiate General Plan Amendment 91 -3,
which included among other proposals, a
request from the Towers residential
condominiums located at 3121 West Coast
Highway, to allow the enclosure of a spa
area for the existing nonconforming
residential condominium development
located in the "Recreational and Marine
Commercial" area of the Mariners Mile
Specific Plan Area. The proposed
amendment involved a request to either
increase the allowable Floor Area Ratio
for the site or the redesignation of the
property to "Multi - Family Residential
with a special floor area limit. After
consideration, the Planning Commission
decided not to initiate the General Plan
Amendment for the Towers; however, the
Commission directed staff to initiate
amendment procedures so as to amend the
Zoning Code to provide for the expansion
of floor area in nonconforming
developments. The application in
question has been initiated in response
to the Commission's previous action.
The proposed amendment consists of
adding language to the Mariners Mile
Specific Platt which allows increases to
the existing floor area of nonconforming
residential structures, provided that
such increase does not result in any
additional dwelling units within the
project. The proposed amendment also
provides that such additions will not
impact upon any public view through or
over the site, nor extend beyond any
existing balconies.
Hearing no one wishing to address the
Council, the public hearing was closed.
Volume 46 - Page 28
MINUTES
EQtat
Ord 92 -1
Zoning
(94)
PCA 747
n' a ra•..
s,
Motion
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CITY OF NEWPORT BEACH
January 27, 1992
Motion was made to adopt ORDINANCE NO.
92 -1.
Mayor Sansone opened the public hearing
and City Council review of USE PERMIT
NO. 3434. A request of ANTHONY K.
ELLSWORTH to permit the construction of
a second dwelling unit (Granny Unit) on
property located in the R -1 District in
accordance with Chapter 20.78 of the
Municipal Code that permits a second
dwelling unit if said residence is
intended for one or two persons who are
60 years of age or over. Property
located at 3130 Clay Street, on the
northeasterly corner of Westminster
Avenue and Clay Street, in Newport
Heights.
Report from the Planning Department.
It was noted that at its meeting of
December 5, 1991, the Planning
Commission voted (6 Ayes, 1 No) to
recommend the approval of Use Permit No.
3434, with the findings and subject to
conditions of approval set forth in the
excerpt of the Planning Commission
minutes. The proposed Granny Unit meets
all requirements for such units as set
forth in the Zoning Code. The Granny
Unit was originally intended to be the
residence of the Applicant's mother,
however, since the death of Mrs.
Ellsworth, the Granny Unit will be
occupied by an elderly woman who has
been a friend of the family for many
years.
Anthony Ellsworth, Applicant, addressed
the Council in support of his desire to
construct the subject Granny Unit over
the existing garage. He stated that his
mother's best friend and constant
companion since his father died 28 years
ago, is Mrs. Vivian LaFreniere, who is
In her seventies, and although she is
not a "blood relative," she is a family
member in every sense of the word, and
will be occupying the Granny Unit. He
stated he will be living on the property
(which he purchased two months ago); and
has also moved his business to Orange
County. He also emphasized that he would
sign an affidavit to the effect that the
Granny Unit would never be rented out
while he is owner of the subject
property. Inasmuch as he has met all
the requirements of the Zoning Code for
the proposed Granny Unit, he urged its
approval.
Walter Heim, 504 Westminster Avenue,
neighbor to Mr. Ellsworth, addressed the
Council and stated he had no objections
to the proposed Granny Unit.
Hearing no others wishing to address the
Council, the public hearing was closed.
Volume 46 - Page 29
MINUTEST
142111
U/P 3434
(88)
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January 27, 1992
Council Member Hart stated that she
understands the Planning Commission's
recommendation with respect to this
particular Granny Unit, however, she is
not inclined to just convert over from
R -1 to R -2, so- to- speak; and therefore,
suggested another Council Member make
the motion on this item.
Mayor Pro Tem Turner commented that he
felt the City's Granny Unit Ordinance
was prepared with good intentions; that
it addresses the need in our society
relative to housing for the elderly;
and, inasmuch as the applicant has met
all the Zoning requirements for a Granny
Unit, he moved to sustain the action of
the Planning Commission.
Council Member Watt stated she shares
the same concern as Council Member Hart
with respect to the conversion of R -1 to
R -2; and therefore, moved a substitute
motion to overrule the decision of the
Pl—Ing Commission and deny Use Permit
No. 34344.
Council Member Hedges stated he will not
be supporting the substitute motion due
to the fact that the City has a Granny
Unit Ordinance "on the books," and
because the applicant has met the
criteria of that Ordinance. He also
does not feel this request should be
treated or considered as a "conversion"
of zoning.
The substitute motion vas voted on and
FAILED.
The notion was voted an and carried.
3. Public hearing regarding OFFICIAL POLICE
TOW TRUCK SERVICES CT.
Report from the Revenue Manager, Finance
Department.
It was noted that the contract with
Harbor Towing expires February 7, 1992.
Notification of the open bid for
official police towing was published in
the Daily Pilot and sent to tow
companies currently licensed in the
City. Three companies submitted bids:
Harbor Towing, Jim's Towing and Lakeside
Towing Service. The Police Department
inspected the vehicles and facilities of
each applicant and their recommendations
are contained in the staff report.
Harbor Towing is the only applicant that
currently meets Municipal Code
requirements for official police tow
truck services. While both Lakeside
Towing Service and Harbor Towing have
experience providing police tow services
for municipalities, Harbor Towing has
nineteen (19) years more experience in
providing police tow services than does
Lakeside Towing Service.
Volume 46 - Page 30
MINUTES
/P 3434
Ofcl
Police
Tow Sry
C -2147
(38)
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January 27, 1992
Wayne Hersh, representing Lakeside
Towing Service, addressed the Council
and suggested consideration be given to
increasing the number of official police
towing companies from two to three,
stating he felt the increase would
provide more effective service. He also
advised that if Lakeside were given a
contract for official police towing,
they would be willing to purchase a
sixteen ton capacity tow truck as
required by the City.
Bill Rush, owner of Harbor Towing,
addressed the Council in support of his
bid proposal, and renewal of his two -
year contract. He stated that the
Police Department keeps a very "close
eye" on both towing companies as to
response time and quality of service,
and for the last two years, Harbor
Towing has not had one complaint as to
response time. Due to poor weather in
1991, the construction of Route 55, and
the economy, they were down 450 calls
from the previous year. If three
official police towing companies were
allowed, he felt the service would
actually decrease, and overhead would
increase.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to approve renewal of
CONTRACT MO. 2147, HARBOR TOWING for 2-
year period (February, 1992 through
January, 1994).
At the request of Council Member Hedges,
and there being no objections, the staff
was directed to review the requirements
for official police tow, as well as the
ordinance providing for only two
official police towing companies, and
bring back a report to a future study
session.
E. PUBLIC C S:
Sry
Frank Hisendrath, 104 Kings Place, Granny
addressed the Council and suggested an Units
ordinance be considered allowing granny
units only on lots larger than 8,000 sq.
ft. to 10,000 sq. ft. in order to
preserve the character of Newport
Heights as it has been planned.
Council Member Hart responded that she
had just recently discussed some of her
concerns relative to Granny Units with
the City Attorney and Planning Director;
that she would take into consideration
the above suggestion, and that possibly
this subject will be brought back at a
future study session.
F. CONSENT .
The following actions were taken, except for
those itama removed:
1..
None.
Volume 46 - Page 31
COUNCIL MEMBERS
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\ January 27, 1992
2. RESOLUTIONS FOR ADOPTION:
None.
3. CONTRACTS /AG S:
(a) Removed from the Consent Calendar
(refer to agenda item G. 2 for
Council action).
4. COMMUNICATIONS - For referral as
indicated:
(a) To staff for response, letter from
Robert C. Bordwell complaining
about the high cost of expired
PARKING METER FINE in the City.
(b) To Parks, Beaches and Recreation
for response, letter from Mr. and
Mrs. John Crosby urging that the
City take some action and change
the TREE PRUNING POLICY.
(c) To Planning Department for
inclusion in the records, letters
from Peter D. Brandow, M.
Cassimatis, Ross and Belle
Ribaudo, Barbara L. Barnard, A.
William Pierpoint, Jr., and
Friends of Cat -Tail Cove (JoAnne
D. Burns and Jan D. Vandersloot),
regarding HOAG HOSPITAL MASTER
PLAN CY ROOM RKPANSION.
Note: After the agenda was
printed, additional letters were
received supporting the Hoag
Master Plan/Emergency Room
Expansion from Raymond J. Dorn,
Terence A. Welsh, G. Larry Seal,
and Robert 0. Dillman (Medical
Director, Hoag Cancer Center).
(d) To Offstreet Parking Committee for
response, letter from Newport
Beach Employees Association
requesting ADDITIONAL PARKING AT
CITY HALL.
(e) Removed from the Consent Calendar
(refer to agenda item G. 1 for
Council action).
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letter from Gerald N.
Shelley to Orange County Board of
Supervisors regarding flight path
for JOHN WAYNE AIRPORT and what
precautions have been taken to
prevent a malfunctioning jet
engine from falling into
residential areas.
CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) City of Costa Mesa seeking
indemnity from claim filed by
Edwin Richards regarding accident
on May 29, 1991 at Irvine and 17th
Streets.
Volume 46 - Page 32
MINUTES
Parking
Meter Fine
(85)
PB &R
(62)
[03i
Wayne
(36)
ty of
sta Mesa
COUNCIL MEMBERS MINUTES
�\ January 27, 1992 INI�II
ROLL CRLL
(b) Dennis Eugene McIntyre alleging McIntyre
false arrest, malicious
prosecution, emotional distress,
etc. by City Police Department on
September 3, 1991 on Jamboree
• Road.
(c) Jonathan C. Moore alleging his Moore.
vehicle was towed in error on
December 18, 1991; seeking
reimbursement of towing charges
and cleaning fee.
(d) Jean A. Richards alleging City Richards
sign blew over onto parked vehicle
on December 27, 1991 in 300 block
of Marguerite.
(e) Stan and Judith Siegel for damages Siegel
as result of City truck striking
claimant's parked vehicle (left
rear fender) on 208 Agate, Balboa
Island on January 10, 1992.
FOR REJECTION:
(f) Late claim of Lisa Eliman alleging Kliman
City Refuse truck hit her parked
vehicle at 308 Anade on March 25,
1991.
(g) Late claim of Randall C. Varner Warner
seeking reimbursement of costs to
cover personal property at 101
Schultz Plaza 0224 allegedly
damaged by City Police Department
• on May 24, 1990.
7. SUMMONS AND COMP - For denial and (36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Michael Sheridan for personal Sheridan
injuries, Orange County Superior
Court, Case No. 660826. Claim was
denied by City Council on May 13,
1991.
8. REQUEST TO APPROVE/FILL PERSONNEL (66)
VACANCIES: (Report from the City
Manager)
(a) One Equipment Operator II, Field
Operations Division.
(b) One Utilities Specialist II,
Wastewater Division.
(c) One Fire Administrative Clerk,
Fire Department.
9. STAFF AND COMMISSION REPORTS:
For Council information and approval -
(a) Report from the Parks, Beaches and PB &R
Recreation Director regarding (62)
STREET TREE REPLACEMENT REQUEST OF
STUART WIT-1-TANS, 1748 BAYPORT WAY
(December 9, 1991 Minutes - Public
Comments).
Volume 46 - Page 33
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CITY OF NEWP0RT BEACH
MINUTES
January 27, 1992
For Council information and filing -
Trfc Sgn1.
(b) Report from the Parks, Beaches and
PB &R
Recreation Commission regarding
(62)
the UPPER CASTAWAYS AND NEWPORTER
NORTH PROPERTIES.
Hills Rd/
(c) Report to the City Manager
Planning
regarding ACTIONS TAKEN BY THE
(68)
PLANNING COMMISSION ON January 9,
C -2816
1992.
(38)
(d) Removed from the Consent Calendar
(refer to agenda item G. 3 for
Council action).
10. PUBLIC HEARING SCHEDULING:
None.
11. USE PERMIT M0. 1421 (Amended) - Approve
U /P',1421(A)
the improvement plans and specifications
(88)
and accept the public improvements
j
constructed on the southwesterly corner
of Hospital Road and Newport Boulevard
located at 301 Newport Boulevard, for
HOAG HOSPITAL use permit. [Report from
the Public Works Department]
12. RESUBDIVISION NO. 924 - Approve the esub 924
improvement plans and specifications and (84)
accept the public improvements
constructed in conjunction with
Resubdivision No. 924, located at 227
20th Street, on the westerly side of
20th Street, on the Rhine Channel, in
the CANNERY VILLAGE/ MCFADDEN SQUARE
SPECIFIC PLAN AREA; and authorize the
City Clerk to release the Faithful
Performance Surety and the Labor and
Materials Surety (Certificate of Deposit
No. 0372097725). [Report from the Public
Works Department]
13. RESUBDIVISION NO. 893 - Approve the JResub 893
improvement plans and specifications and (84)
accept the public improvements I
constructed in conjunction with
Resubdivision No. 893 located at 3114
WEST OCEAN FRONT, an the northeasterly
corner of West Ocean Front and 32nd
Street, in WEST NEWPORT; and authorize
the City Clerk to release the Faithful
Performance Surety (cash deposit in the
amount of $1,000.00; deposited into
Account No. 02- 217 -02 on May 15, 1990;
Receipt No. 52942), and release the
Labor and Materials Surety (cash deposit
in the amount of $1,000 deposited into
Account No. 02- 217 -02) in six months
Qrovided no claims have been filed.
[Report from the Public Works
Department]
TRAFFIC SIGNAL INTERCONNECT ON SAN
Trfc Sgn1.
JOAQUIN HILLS ROAD FROM JAMBOREE ROAD TO
Intercnct
SPYGLASS HILL ROAD (CONTRACT NO. 2816) -
SJoaquin
Accept the work and authorize the City
Clark to file a Notice of Completion,
Hills Rd/
and release the bonds 35 days after the
Spygl Hill
Notice of Completion has been recorded
Rd
in accordance with applicable portions
C -2816
of the Civil Code. [Report from the
(38)
Public Works Department]
Volume 46 - Page 34
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January 27. 1992 INIIEX
15. TRAFFIC SIGNAL INTERCONNECT ON IRVINE Trfc Sgnl
AVENUE FROM WESTCLIFF DRIVE -17TH STREET Intrcnct
TO ORCHARD DRIVE (CONTRACT NO. 2815) - Irvine Av
Accept the work, and authorize the City Fm Wstclf
Clerk to file a Notice of Completion,
and release the bonds 35 days after the Dr /Orchrd
Notice of Completion has been recorded C -2815
in accordance with applicable portions (38)
of the Civil Code. [Report from the
Public Works Department] ,
16. WIDENING OF PACIFIC COAST HIGHWAY,
PVH Wdng/
NEWPORT BOULEVARD TO HIGHLAND STREET,
Npt B1-
CONTRACT NO. 2591 - Accept the work and
Highlnd
authorize the City Clerk to file a
to approve request of HOPE HOUSE to
Notice of Completion, and release the
C -2591
bonds 35 days after Notice of Completion
(38)
has been recorded in accordance with
8:00 - 9:30 a.m., on Sunday, April 12,
applicable sections of the Civil Code.
[Report from the Public Works
Department]
raising event. [Report from the Revenue
17. APPLICATION OF ALISON LEWIS TO CONSTRUCT
Lewis /Curb
TWO CURB CUTS AT 4615 CAMDEN DRIVE,
Cut %4615
CAMEO SHORES DEVELOPMENT IN CORONA DEL
Camden Dr
MAR - Upholds staff's recommendation to
approve the application. [Report from
(74)
the Public Works Department]
i
18.
SPECIAL EVENTS PERMIT APPLICATION N0.
Special
92 -005 - Uphold staff's recommendation
Event Perm/
to approve request of HOPE HOUSE to
Apli 92 -005
temporarily close Back Bay Drive from
8:00 - 9:30 a.m., on Sunday, April 12,
(27)
1992 for running and walking fund
raising event. [Report from the Revenue
Manager, Finance Department)
19.
HOUSING TASK FORCE - Appoint Craig
Planning/
Bluell as the City's Representative to
Housing Tsk
participate in the joint city /county
Force
effort. [Copy of letter from Orange
(68)
County Board of Supervisors Roger
Stanton]
20.
BUDGET AMENDMENTS - For approval:
(40)
RA -038, $19,000 - Removed from the
Consent Calendar (refer' to agenda item
G. 3 for Council action).
G.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1.
Memorandum from Parks, Beaches and
B &R /Npt
Recreation Director concerning request
Irbr High
of NEWPORT HARBOR HIGH SCHOOL POOL
3chool
BUILDING COMMITTEE for budget amendment
ool Bldg
of an additional $20,000 to complete
construction.
62)
The City Clerk advised that after the
agenda was printed, a letter was
received from Sharon Pence, 725 Via Lido
Soud, supporting the above request.
Robert G. Lunde, Fundraising Chairman
for Newport Harbor High School Pool
Building, addressed the Council
regarding their request for an
additional $20,000 to be used towards
completion of the subject pool building.
He displayed slides depicting the 70%
completed building and stated that
Volume 46 - Page 35
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
January 27, 1992
handicap requirements have partially
increased the cost. The pool is used
350 days a year; the project has a
completion date of March 1, 1992; if the
City commits to the additional $20,000,
they feel their supporters in the
community will respond with the final
$26,400; and if they cannot obtain
adequate funding, the building will
remain unfinished. The facility is one
of the busiest aquatics structures on
the West Coast. It is the home of the
1992 Olympic Water Polo Team, and will
host National Teams from Cuba, Croatia,
Spain, Mexico, Japan, Germany, etc.,
this spring and summer as a tune -up to
the 1992 Summer Olympiad in Barcelona.
Ralph Sherwin, President, Newport Beach
Aquatics Association, stated that they
are funded for approximately one -third
of the appliances, so in essence, the
building would be completed with only
one -third of the appliances, and as the
funds are raised, the other two- thirds
would be completed.
Discussion ensued wherein it was brought
out that the City has already funded
this project in the amount of $150,000.
Bill Barnett, Water Polo Coach, answered
questions of the Council regarding
funding from the Olympic Committee.
Margo Cleary, 2234 Holiday Road, and
John Snelgrove, 408 San Bernardino
Avenue, addressed the Council in support
of the request.
Following discussion, motion was made to
refer the subject request to the Budget
Committee for report back to the Council
on February 10 or February 24 at the
latest.
2. Report from the Public Works Department
recommending award of CONTRACT 90. 2836
To REMODEL JAIL, to Adams/Mallory
Construction Co., Inc., of Placentia,
for total bid price of $198,076;
consisting of the base bid of $ 191,876,
plus three alternate bid items: $1,500
for acoustic tile ceilings; $2,500 for
carpeting; and $4,200 for vinyl
flooring; construction of a new
handicapped ramp for the police station
is included in the base bid.
Council Member Turner advised that he
will step down from the podium on this
issue due to a conflict of interest.
Motion was made to approve the
recommendation of the Public Works
Department as set forth in the above.
Volume 46 - Page 36
MINUTES
Npt Harbor
High School
Pool Bldg
COUNCIL MEMO
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CITY OF NEVORT BEACH
January 27, 1992
Report from Public Works
Department /Traffic Engineering
concerning; estimated costs for AIR
QUALITY PROGRAMS and proposed BA -038 for
$19,000 - Decrease in Unappropriated
Surplus and Increase in Budget
Appropriations to provide fund for
EMPLOYER RIDE SHARE PROGRAM; General
Fund.
Council Member Hedges referenced the
subject staff report and indicated he
felt it was too vague in terms of
adequately addressing where the funds
will be spent, and therefore, he had
concerns in approving the budget
amendment.
Council Member Cox responded that
pursuant to Federal and State
Legislation, the Los Angeles air basin
which takes in the counties of Los
Angeles, Orange, San Bernardino and
Riverside, has been declared the worst
air basin in the United States and must
clean up its air, smog, etc. As a
result, penalties will be imposed to
private as well as public agencies who
do not support the Federal Clean Air Act
and comply with their regulations. Air
pollution is a very serious problem and
it's costing every city and business
financially.
Following consideration, motion was made
to approve Budget Amendment Mo. 038 for
$19,000; and to receive and file the
subject report. In addition, staff was
directed to transmit letters to
Assemblyman Gil Ferguson and State
Senator Marian Bergeson, advising that
the AQMD requirements are causing a
hardship, and urging that the
legislature be more cautious when
imposing any further regulations.
Council Member Hedges, in reply to
comments by Council Member Cox,
emphasised that he does support clean
air, however, in order to approve the
$19,000 proposed appropriation for the
employee ride share program, he felt the
Council should be provided with more
information as to where the money is
going. He stated he doesn't want the
City to "throw away" the money just
because it is afraid of being fined by
the AQHD.
Council Member Cox stated he agreed with
Council Member Hedges' concerns, as he
too felt this subject is "highly
frustrating" and in essence, is "pure
bribery." He stated he has voiced his
objections on numerous occasions
relative to the AQMD requirements,
however, air pollution is everyone's
problem, but very few people are willing
to ride share or find other means of
transportation to help solve this
problem without an incentive program. He
noted that the City of Los Angeles is
having to spend $8.5 million on their
ride share program alone.
Volume 46 - Page 37
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PW /Trfc
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BA -038
(40)
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CITY OF NEWPORT BEACH
\ January 27, 1992
Council Member Hedges indicated he will
be supporting the motion, but would like
to see just what "clean air" benefit the
City will be getting from the ride share
program.
Council Member Watt stated that this
subject is very complex and that she has
been working on it for over two years.
She felt that with the representation of
Council Member Cox and staff member
Craig Bluell, the City's concerns are
being conveyed to AQMD; however, maybe
dialogue needs to be increased with more
information coming to the Council, as
well as the flow of input to the
appropriate State and Federal agencies.
The motion on the floor was voted on and
carried.
H. ORDINANCES FOR ADOPTION:
Proposed ORDINANCE MO. 91 -50, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 1.12.020 OF THE
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO THE ADTHORM OF
PUBLIC OFFICERS OR EMPLOYEES TO
ISSUE CITATIONS.
Recycled reports dated December 3, 1991
from the Assistant City Attorney, and
January 6, 1992 from the City Attorney.
Motion was made to adopt ORDINANCE N0.
91 -50.
I. CONTINUED ]BUSINESS:
1. Recycled report dated December 4, 1991
from the City Attorney regarding request
for Clarification of Condition to
Modificati (m No. 3810 granted to CIL AND
ANITA FERGUSON: 300 SAPPHIRE AVENUE,
BALBOA ISLAND, with verbatim transcript
from the Planning Commission.
The City Manager summarized the subject
report, and stated this item is being
brought to the Council because of a
misunderstanding. He stated that when
Mr. Ferguson constructed the structure
on Balboa Island, he appealed a decision
of the Modifications Committee to the
Planning Commission on April 4, 1991.
The Planning Department staff report was
accompanied by Exhibit "A" which
contained findings and conditions for
approval, and Exhibit "B," which
contained findings for denial.
Condition No. 4 in Exhibit "A" read as
follows:
"That if it is the desire of the
applicants to enclose the subject
parking space, a sliding gate
shall be utilized. An
encroachment permit shall be
required if said gate is located
in the public right -of -way."
Volume 46 - Page 38
MINUTES
91 -50
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The City Manager stated that the
Modificatn
foregoing condition was the subject of
3810 /Gil
considerable discussion at the
Ferguson,
commission meeting. Staff indicated the
condition was recommended for three
reasons. The applicants had installed
a gate to insure privacy and security.
Staff was opposed to a gate that would
open towards the sidewalk because of
concerns about pedestrian and traffic
safety. However, the applicants would
not be able to fully close a gate that
opened inward if a car was parked in the
space, and that could serve as a reason
not to use the area for parking. Mr.
Ferguson testified that he had wired the
property for a sliding gate, but decided
to install a swing -in gate because it
matched the decor of the house and
insured privacy when the space was
vacant.
The City Manager further stated that
Commissioner Merrill's motion was to
uphold Mr. Ferguson's appeal in
accordance with Exhibit "A," the
findings and conditions of approval of
the modifications, as requested by him.
Shortly after the motion was made,
Commissioner Edwards made a statement
that referenced Exhibit "A," but could
not be fully understood by listening to
the tape,. While no Planning
Commissioner specifically modified
Condition No. 4 to Exhibit "A," Mr.
Ferguson clearly requested the Condition
be modified to allow him to maintain the
swing -in gates then in place. The gates
currently installed by the Fergusons
avoided the concerns expressed by staff
during the Planning Commission meeting.
The gates open in so they do not
obstruct the sidewalk or the view of a
driver exiting the space. The gates can
be secured in a way that allows a
vehicle to be parked in the space while
providing some measure of security for
the property owner. However, the gates
do not slide and are not in full
compliance with Condition No. 4.
Therefore, staff would like the Council
to determine if the swing -in gates now
in place satisfy the intent of Condition
No. 4, or if the Fergusons are required
to install a sliding gate as specified
by the Condition.
Council Member Watt stated that when the
subject Modification was before the City
Council on appeal, she made a motion to
deny the appeal which motion failed. As
a result, another motion was made to
approve the request (which carried), and
it is her belief that the Council's
dialogue at that time was that the
compromise situation was served best by
a gate that would slide. She therefore
moved to determine that the gate does
not comply and direct staff to enforce
City Council action.
Substitute motion was made by Mayor Pro
Tam Turner to find that the present gate
construction (swing -in), satisfies the
Intent of Condition No. 4, which motion
carried.
Volume 46 - Page 39
f,lIM
Moon
yes
Motion
All Ayes
•
Motion
All Ayes
COIL MWERS
x
ix
x
CITY OF NXIWORT BEACH
January 27, 1992
2. APPOINTMENT BY THE CITY COUNCIL TO THE
BICYCLE TRAILS CITIZENS ADVISORY
COM1[rrM for a one -year term ending
December 31, 1992.
Motion was made to confirm (District 6)
Mayor Sansone's appointment of Cindy
Gittleman.
J. CURRENT REFS S:
1. Report from Ad Hoc Historic Preservation
Advisory Committee regarding DONATION
FROM CHINA HOUSE MATERIALS.
The City Manager stated that the
materials offered consist of over five
hundred (500) roof tiles, two (2)
corbels, and the roof peak ornament.
The roof tiles were imported from China
especially for the house. The corbels
are decorated with gold -leaf dragons,
hand painted by local artist Jeffrey
Hunter. The roof tiles are currently
stored outside of an industrial building
in Irvine; the other materials are in a
warehouse in Costa Mesa.
Motion was made to approve
recommendation of the subject committee
and accept the donation from China House
Materials.
The City Manager indicated the materials
will be stored at either the General
Services or Utilities yard, and that
they will be picked up and delivered by
City personnel.
2. Proposed resolution creating the CITY
COUNCIL MARINA MOBILE HOME PARE AND
AJMTCAN LEGION AD HOC CONIQITEE.
Motion was made to adopt Resolution No.
92 -14 and appoint Mayor Pro Tam Turner,
and Council Member Hedges.
Meeting adjourned at 8:55 p.m., to 3:30 p.m.,
February 1, 1992 to meet in closed session
regarding replacement of City Manager
position.
at * ar * rtr * yr yt t yt yt Rr dr
The agenda for this meeting was posted
on January 23, 1992 at 8:05 a.m., on the
City Hall Bulletin Board located outside
of the City of Newport Beach
Administration Building.
ATTEST:
Volume 46 - Page 40
DI GTIM
Bicycle
Trails /CAC
(68)
1d Hoc Cmte
(24)
Res 92 -14