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HomeMy WebLinkAbout08/10/1992 - Regular MeetingCITY OF NEWPORT BEACH A REGULAR COUNCIL MEETING PLACE: Chambers TIME: 7:00 7:00 P.M. P. DATE: August 10, 1992 Mayor Sansone presented DENNIS DARNER, FINANCE DIRECTOR, AN AWARD OF FINANCIAL REPORTING ACHIEVEMENT from the Government Finance Officers Association of the United States and Canada. n t x x x x x x x ROLL CALL Motion x Reading of Minutes of Meeting of July 27, 1992 Ayes x x x x x was waived, approved as written, and ordered Abstained x x filed. Motion x Reading in full of all ordinances and All Ayes resolutions under consideration was waived, and the City Clerk was directed to read by titles only. PUBLIC HEARING 1. Mayor Sansone opened the public hearing regarding City Council review of application of MAR IH JOHNSON FOR USE PERMIT NO., 1502(AMENDED) - Request to amend a previously approved use permit that permitted the addition of on -sale alcoholic beverages, live entertainment and dancing with valet and tandem parking to an existing restaurant facility on property located in the C -1- H District, 353 East Coast Highway. The proposed amendment involves a request to change the operational characteristics of the previous Ellis Island Restaurant • so as to include six pool tables within the existing "net public area" of the facility; to allow the establishment of a second dance area with separate disc jockey; to allow the establishment of an outdoor patio dining area; and to allow expanded hours of operation to include a 4:00 a.m. daily closing time and a 6:00 a.m. opening for breakfast. Report from the Planning Department and supplemental report from the Police Department. Letter from Jacques Sopkin, objecting to any after hours permits. The City Clerk reported that after the agenda was printed, three additional letters opposing this request were received from the following: Marvin 0. :Burton, owner of 333 and 341 Bayside Drive; Mr. & Mrs. Dunkels, 607 Bayside Drive; Mr. & Mrs. Bransford, 524 Harbor Island Drive. The Planning Director summarized some of the history relative to this particular site, noting that the City Council in 1958 approved a use permit for a restaurant with an occupancy load of 150 persons and one condition of approval. In 1960, a second use permit was approved which allowed the serving of alcoholic beverages. Live entertainment was approved in 1971, as well as dancing and expanded occupancy to 347 persons. Voltmis 46 - Page 245 MINUTES se Permit 502(A) Bar /Grill (88) r! ara•� kL11 • • • CITY OF NEWPORT BEACH At that time, the applicant was required to provide 116 parking spaces on the site. Most recently, the establishment has been taken over by the Luhan's and operated as Lucy's Bayside Bar and Grill. The Planning Commission on July 9, 1992 approved an amendment to the last use permit approved in 1971 (No. 1502) which allows the restaurant to open one hour earlier at 6:00 a.m., the addition of a second dance floor and four pool tables, making a total of six, and the addition of an 848 sq. ft. outdoor patio. In response to that approval, the Planning Commission added 24 conditions to the use permit, which includes the following requirements: addition of 9 parking spaces for a total of 125; containing sound within the restaurant; a washout area for refuse containers; grease interceptors; screening trash and storage areas; that employees park on site; removal of the unused driveway opening on Bayside Drive; valet parking, and lastly, the standard requirement that this use permit can be reviewed at anytime by the Planning Commission or City Council if deemed appropriate and necessary. The request to remain open until 4:00 a.m. was denied by the Planning Commission. When this item was before the Planning Commission, no one appeared in opposition to the request. A brief discussion ensued with regard to employees parking on site; the number of vehicles travelling Coast Highway in the area during evening and early morning hours; hours of operation for the outdoor patio; and valet parking. In response to question raised by Council Member Hart, the City Attorney advised that if the City Council were to impose a condition on this particular amendment to give the Planning Commission or City Council jurisdiction to change the net public area or operational characteristics, etc. of the entire restaurant, as opposed to just the additional intensity or development now being requested, he felt this could be done pursuant to the Council making a finding that there have been problems related to the entire restaurant operation prior to granting this amendment. In order to make the findings that the new activity the Council would be authorizing would not adversely affect the neighborhood, the Council would need to retain jurisdiction over the restaurant operation as a whole. Mayor Sansone clarified for the benefit of those watching this item on television and in the audience, that the reason this particular use permit is being reviewed by the City Council is due to the following: 1) Complaints about noise and music audible outside the immediate area of the establishment. Volume 46 - Page 246 MINUTES Use Permit 1502(A) 0 CITY OF NEWPORT BEACH August 10, 1992 2) Complaints of excessive occupancy beyond that which was authorized, thereby creating a public safety and fire hazard. 3) Crash door being barred which also creates a safety & fire hazard. 4) Allowing patrons to enter the establishment other than the front door. 5) Disturbances on the property which required police intervention. 6) Serving alcoholic beverages to underage patrons. 7) Parking of vehicles across from the location in an area other than the site provided for parking. 8) Vehicles: backed up onto Coast Highway while waiting to have their car valet parked, thereby causing a traffic problem. 9) Complaints of patrons causing public nuisances on the property. Lucy Ann Luhan, applicant, addressed the Council in support of her request, and urged the decision of the Planning Commission be upheld. She stated that they intend to run a better operation and give beater service to the community than prior owners, as well as fill a need. She indicated that the Police Department spends what could be determined as an unreasonable amount of time in the establishment and an unnecessary amount of surveillance on anonymous calls; she also felt that the report from the Police Chief under consideration was incomplete and not accurate. She discussed the problems incurred on opening night, indicating they did not anticipate such a large crowd, and that it has not happened again due to tighter controls. The staff has met twice with Alcoholic Beverage Control representatives to assist them in having the minimal problems; she has undercover minors working on the premises who report to management for removal; doubled their security guards to 14; initiated a designated driver program for those who over indulge in alcoholic beverages; and they also have an incentive program for the employees relative to observing false ID's. The following persons appeared in support of the subject request: Carlos Gomez, 1812 W. Bay Front Gail Brandon, Country Western Dance Instructor. at Lucy's Bar & Grill Dr. Kramer, Orthopedic Surgeon in Newport Beach Joel Facets, 1100 Kings Road Jennifer Pomeroy, 2907 Ebbtide Road Irene Baker, door worker at Lucy's Bar & Grill Linda Privestt (no address given) Volume 46 - Page 247 MINUTES INDEX Use Permit 1502(A) CITY OF NEWPORT BEACH 1i IL, I7 I:3N ON 0 EXXXI • Motion • X It was indicated by the foregoing speakers that there is a definite need in the City for this type of an establishment; that it is a safe place for young 1:.omen to enjoy an evening; and that the owners are well known in the restaurant business and run a good operation. Brian Fargo, 426 Harbor Island Drive, addressed the Council in opposition to the request primarily due to the parking problem it creates in his neighborhood. He stated that persons going to Lucy's Bar and Grill park on Bayside and Harbor Island Drives, and when the establishment closes, many people continue to drink and visit in front of his house and leave beer bottles on his lawn. Buck Baker, Manager of Lucy's Bayside Bar and Grill, addressed the Council and submitted a copy of a security report prepared by Frontier Enterprises for the establishment. He also described the different methods of security they have recently implemented at the restaurant. He noted they have not had any over crowding problems nor been cited since opening night; they have not had any noise complaints since July 10th; and they have removed both big base speakers. He emphasized that they have taken great measures to reduce any burden the establishment may have on the community. Hearing no one else wishing to address the Council, the public hearing was closed. Council Member Cox commented that he was very familiar with the applicant's prior restaurant operations and that Lucy should be commended. She is highly regarded in the community, and while this establishment is a different concept, she ought to be given the opportunity to proceed, especially since the City Council has the opportunity to review this use permit if deemed necessary. Therefore, he moved to sustain the decision of the Planning Commission. The City Attorney advised that if the City Council wants to retain jurisdiction to impose conditions in the future on the entire restaurant operation, Condition No. 23 should be modified to read: "That. the Planning Commission may add or modify conditions of approval to the use permit that would reduce the hours of operation, the net public area, or any operational characteristics of the entire restaurant, or Volume 46 - Page 248 MINUTES Use Permit 1502(A) CITY OF NEWPORT BEACH COUNCIL a e; R ROLL August 10, l9-q2 \. • is • recommend to the City Council the modification or revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community." The City Attorney also presented two additional findings for consideration: "That there have been numerous complaints and problems with noise, traffic congestion, parking, disorderly conduct and alcohol related offenses caused by the entire restaurant." "That the expansion and intensification of the use approved by this amendment could, in the absence of conditions authorizing modification or imposition of conditions as to the entire restaurant operation, increase the noise, traffic congestion, parking problems, disorderly conduct and alcohol related offenses related to the entire restaurant." In addition, it was recommended that Finding No. 4 be modified to read as follows: "That the approval of Use Permit No. 1502 (Amended), subject to the conditions specifically giving the Planning Commission and City Council the authority to modify conditions of the entire restaurant operation, will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City." Discussion ensued relative to the first additional finding set forth in the above, wherein it was suggested the language be modified to reflect "That there has been some evidence of complaints to which there was no objections from the Council. Mayor Pro Tem Turner suggested Condition No. 1g be amended to read as follows: "That valet attendants shall be utilized from 6 p.m. to 2 a.m. at the restaurant facility." Volume 46 - Page 249 MINUTES 1 ❑i! Use Permit 1502(A) 0 All Ayes CITY OF NEWPORT BEACH August 10, 1992 The City Attorney, in clarifying the foregoing recommendations to the applicant, stated that in essence, they would allow the Planning Commission and City Council to impose conditions upon the entire restaurant in the event there was a problem relating to the restaurant, not just on conditions which the applicant has requested to add to the use permit. The applicant, Lucy Ann When, indicated she accepted all of the above additions and modifications. The motion, as revised in the foregoing, was voted on and carried. PUBLIC COMMENTS 1. Don Harvey, 2039 Port Weybridge, Member of SPON, addressed the Council regarding his comments made at the last Council meeting relative to his opposition to the City's action to join in the San Joaquin Hills Transportation Corridor Agency's lawsuit against SPON, etc. He remarked that following his testimony on July 27, Council Member Cox responded, after which he requested time to make a rebuttal, but was denied by the Mayor. He therefore made his comments at this time and were tape recorded as a part of tonight's proceeding. Mayor Sansone and Council Member Cox indicated that Mr. Harvey's remarks are a total misrepresentation of the facts and the circumstances involved. 2. Council Member Hedges stated he wished to bring up a "minor" item in the large scheme of things, but it speaks volumes about the manner in which some government agencies conduct business in their determination to help the taxpaying citizen. He stated that last week he received a rather large envelope (mailed lst class), from the Air Quality Management District (AQMD) at a cost of 48 cents. It was with something less than great anticipation that he ripped open the package while imagining what important news awaited him. He found a three -page letter proudly detailing the millions of dollars that this bureaucracy is spending to improve our quality of life. He questioned why the AQMD could not bulk mail their newsletter in a standard letter size envelope at half the cost, and further, questioned whether all of the other things they are attempting to do for our own good costs twice as much as it has to. It was suggested that a letter be sent to AQMD recommending such items be mailed in bulk to the City Hall for staff to distribute. Volume 46 - Page 250 MINUTES T r*_ Use Permit 1502(A) SJHT Corridor/ SPON Motion All Ayes • 0 • ,, � is a a•.. x CITY OF NEWPORT BEACH MINUTES \ \\ August 10, 1992 CONSENT CALENDAR. The following items were approved: Pass to second reading on August 24, 1992: Ord 92 -44 2. Proposed ORDINANCE NO. 92 -42, being, Ord 92 -42 AN ORDINANCE OF THE CITY COUNCIL Pkg AN ORDINANCE OF THE CITY COUNCIL M ete Meter r Zns OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.48.040(D) OF (85) THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE MEANING OF GREEN CURB NARKING IN PARKING METER ZONES. [Report from Public Works /Traffic Engineering PCA 773 Department] Schedule for Public Hearing on August 24, the Planning Department] 1992: RESOLUTIONS FOR ADOPTION 3. Proposed ORDINANCE NO. 92 -43, being, Ord 92 -43 AN ORDINANCE OF THE CITY COUNCIL Zoning (94) OF THE CITY OF NEWPORT BEACH Res 92 -83 AMENDING TITLE 20 OF THE MUNICIPAL (42) CODE PERTAINING TO THE PERMIT'T'ED HEIGHT, NUMBER AND YARD ENCROACHMENTS OF ACCESSORY 6. BUILDINGS IN RESIDENTIAL DISTRICTS Superior (PLANNING COMMISSION AMENDMENT NO. PCA 762 762). [Report from the Planning Res 92 -84 Department] (85) 4. PROPOSED ORDINANCE NO. 92 -44, being, Ord 92 -44 Zoning AN ORDINANCE OF THE CITY COUNCIL (94) OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ADD THE CONSTRUCTION OF CHIMNEYS AMD VENTS IN EXCESS OF THE PERMITTED HEIGHT LIMITS TO THE POWER AND DUTIES OF THE MODIFICATIONS. COMMITTEE (PLANNING COMMISSION PCA 773 AMENDMENT NO. 773). [Report from the Planning Department] RESOLUTIONS FOR ADOPTION 5. Resolution No. 92 -83 consenting to sale CATV/ and transfer of a cable television Franchise franchise granted to COMMUNITY Res 92 -83 CABLEVISION COMPANY to TIMES MIRROR (42) CABLE TELEVISION subject to certain conditions. [Report from Deputy City Manager w /resolution] 6. Resolution No. 92 -84 establishing a fee Superior of four dollars ($4.00) per day to park Pk Lot g in the SUPERIOR PARKING LOT. [Report Res 92 -84 from Public Works /Traffic Engineering] (85) 7. Resolution No. 92 -85 providing for the use of the ANNUAL PARKING PERMIT in the Superior SUPERIOR PARKING LOT, and rescinding Pgk Lot/ Resolution No. 91 -10; and approve Budget Fee Amendment No. 003 for $1,200 to purchase Res 92 -85 and install a parking fee collection (85) device in the Superior Parking Lot. (Refer to report w /agenda item 6, above] Volume 46 - Page 251 1. • • • CITY OF NEWPORT BEACH \ \\ August 10, 1992 STAFF AND COMMISSION REPORTS For Council information and approval: 8. Memorandum from the City Librarian requesting the City Council accept gift from the Friends of the Newport Beach Public Library totaling $10,480; and approve Budget Amendment No. 004 for expenditure into various accounts. For Council information and filing: 9. Report to the City Manager regarding actions taken by the PLANNING COMMISSION ON JULY 23, 1992. 10. TRAFFIC SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS (CONTRACT NO. 2919) - Approve plans and specifications; affirm Categorical Exemption; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on August 26, 1992. [Report from Public Works/Traffic Engineering] 11. NEWPORT BOULEVARD WIDENING, 32ND STREET TO PACIFIC COAST HIGHWAY (CONTRACT NO. 2642) - Accept the work; authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. [Report from the Public Works Department] 12. BAR OR PERMIT APPLICATION N0. 154 -1819 - Uphold staff's recommendation to approve the application by Ted Munroe to revise the residential float bayward of 1810 South Bay Front subject to conditions in the staff report. [Report from the Marine Department] 13. SPECIAL EVENTS APPLICATIONS No. 92 -302 - Uphold :staff's recommendation to approve the application for the Terraces (Corona del War Homeowner's Association Community Pool) for amplified sound in a residential area on August 22 and October 24„ 1992 from 6:00 to 9:00 p.m., subject to conditions in the staff report. (Report from the Revenue Manager /Finance Department) 14. BUDGET AMENDMENTS BA -001, $8,263.69 - Increase in Budget Appropriations to pay for professional services rendered by the County of Orange at the City Council's request to verify petition signatures related to the COUNCIL TERN T TATION; General Fund. BA -002, $11,500 - Increase in Budget Appropriations to provide additional consultant work for the CENTRAL BALBOA PASSING AND CIRCULATION STUDY; General Fund. [Report from Public Works/Traffic Engineering] ITEMS REMOVED FROM THE CONSENT CALENDAR None. Volume 46 - Page 252 MINUTES (50) 101 C.raffic Signal !lodfctns -2919 (38) ipt;Bl 4dng /32nd 3t -PCH -2642 (38) iarbor Per. 1pli 154- 1819 (51) Special ,vents ?ermit Apl 32 -302 (27) (40) (85) - COUNCIL MEMBERS W "I X CITY OF NEWPORT BEACH August 10, 1992 Volume 46 - Page 253 MINUTES (62) 92 -41 ORDINANCES FOR ADOPTION 15. Proposed ORDINANCE NO. 92 -41, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 11.04 BY ESTABLISHING TIME LIMITS ON THE USE OF PUBLIC OUTDOOR BASKETBALL COURTS. Recycled report dated July 27, 1992 from the Parks, Beaches and Recreation Department,. The City Manager noted that there has been an increase in the use of the City's current basketball courts, all of which are non - lighted. However, there are several courts that have overflow lighting from other nearby facilities which has encouraged basketball play into late evening hours, and as a result, has prompted the City to receive phone calls from nearby residents complaining about the constant bouncing of balls near their homes. The staff has looked at a number of ways to curtail that activity without resorting to the banning of the use of these courts entirely. The proposed ordinance prohibits the use of outdoor public basketball courts between the hours of sundown and 8 a.m. and is being recommended for adoption. Approval of the ordinance will enable appropriate signs to be installed and enforcement that will solve this problem. Cary Lovell, 1242 W. Ocean Front (at 15th Street), addressed the Council and stated he lives adjacent to probably the most heaviest used basketball court in the City. He stated he supports the intent of the ordinance; however, he would like to suggest some minor changes. The proposed ordinance affects all basketball courts in the City, with the exception of the court next to his home, which to the best of his knowledge, is owned by the City and leased and maintained by the school district. Therefore, he suggested that in Section 1 of the ordinance, the last line of paragraph 1 be changed to substitute the word "or" for the word "and." He also recommended that Item (f) under Prohibited Conduct be revised to read: "Play or bounce a basketball for any purpose on or immediately adjoining any public basketball court between sundown and 8 a.m." The City Attorney stated he had no objection to revising the langauge in • Section 1 (last line), to read "and /or;" however, with reference to Item (f) under Prohibited Conduct, he is comfortable with the present language and would not recommend any changes. Volume 46 - Page 253 MINUTES (62) 92 -41 • • Motion Wes CITY OF NEWPORT BEACH COUNCIL WGERS \ \\ August 10, 1992 x K, E, Council Member Watt referenced the B &R /Out- basketball. court at the end of Mesa door Baskei Drive adjacent to two homes and very all Crts heavily used, and questioned if other Council Members would support relocating it. Mayor Pro Tem Turner comm had raised this issue requested the Parks, Recreation Commission to feasibility of moving the bottom of the hill. ented that he before and Beaches & look at the court to the The City Manager advised that he visited the above court yesterday and talked with a Mrs. Pat Cox who lives adjacent to the court. He stated that as an alternative to moving the court, which would be very expensive, is to close the court and convert it to another use. Pat Cox, residing on Mesa Drive, adjacent to Bayview Park, appeared before the Council and stated she does not think the County prepared an environmental document prior to placing the court at the end of Mesa Drive. She stated that if the court were relocated to the bottom of the hill where a playground currently exists, she would provide financial assistance. She has lived at her present location 42 years and when the park was installed, a study was never done as to the exact location of the basketball court. She also advised that persons from all over come to use the court and that profanity is heard frequently. Council Member Cox suggested the proposed ordinance be amended to prohibit basketball play on those courts within 300 feet of a residence between the hours of sundown and 8 a.m. Council Member Hedges suggested "sundown" be changed to 7 p.m. all year round. Following consideration, motion was made by Council Member Hart to introduce Ordinance Mo. 92 -41 with Item (f) under Prohibited Conduct to read: Play basketball on any outdoor public basketball court between sundown and 8:00 a.m. within 300 feet of a legal residence, and pass to second reading on August 24, 1992. With respect to setting a time certain which basketball must cease, the City Attorney suggested the ordinance include "sunset or 7 p.m., whichever is later." The motion„ as amended in the above, was voted on and carried. Volume 46 - Page 254 tom. J. •� r �n yes Motion All Ayes Motion All Ayes • X X CITY OF NEWPORT BEACH x August 10, 1992 CONTINUED BUSINESS 16. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE VACANCY: Motion wart made to defer (District 2) Council Member Plummer's appointment to August 24, 1992, to fill the unexpired term of Deborah Lucas, ending December 31, 1992. CURRENT BUSINESS 17. Memo from the Deputy City Manager regarding establishing the INCOME PROPERTY CITY COUNCIL AD HOC COMMITTEE. Motion was made to adopt Resolution Ho. 92 -86, establishing subject committee, and appoint Council Members Hart and Plummer. 18. League of California Cities communication requesting designation of VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE, October 10 through October 13, 1992, in Los Angeles. Motion was made to designate Mayor Sansone as the City's Voting Delegate; and Council Member Hart as Alternate. 19. Report from the Public Works Department concerning request of John and Sharon Fairborn, to save the large 25 year old tree encroaching at 1021 E. Balboa Boulevard. The Public Works Director advised that the Fairborns are requesting that an existing Yucca tree, which exceeds the maximum 3 feet in height allowed in Council Policy L -14 and the Local Coastal Plan, remain in place. The policy prohibits any object, excluding palm trees planted pursuant to City policy, which exceeds 36" in height. At the time this policy was being developed, trees and landscaping did get some discussion, recognizing there could be some impacts on views. To date, 242 residences out of 266 with existing encroachments have applied for an Oceanfront- Encroachment Permit. Approximately 50 of those applications required removal or trimming of existing landscaping in order to comply with the provisions of Council Policy L -14. City staff recommends denial of this request for a variance in order to maintain equal enforcement of the Encroachment Policy. The City Attorney advised that another reason for the 3 foot limit on landscaping within the Encroachment Zone, was to minimize the private appearance of the public area. Also, Volume 46 - Page 255 WD-11:L9 EQA /CAC -- 'Imte /Ad 3oc (24) Res 92 -86 A League ities 61) 'airborn 65) n is r a-� • • Moo x August 10, 1992 after he spoke to Mrs. Fairborn, he talked with a representative of the Coastal Commission who indicated that the Coastal staff would be opposed to any amendment to the Council Policy that would allow the Public Works Director or the Council to have some discretion to decide whether to allow landscaping to exceed the 3 foot limit. John Fairborn, 1021 E. Balboa Boulevard, addressed the Council and stated the subject area is between A and E Streets, and was never the subject of complaints or concerns when the City undertook the study of patio encroachments. He stated he never realized his tree encroached into public right -of -way and feels the Council Policy is "arbitrary and distorted." He submitted a letter signed by residents of 1017, 1019, 1023, and 1025 E. Balboa Boulevard who are opposed to the City requiring that the Yucca tree be removed. With regard to another large tree located adjacent to the Fairborn's property which is allowed to remain, the City Attorney stated that trees planted pursuant to City policy can remain, and when the staff did their survey of the 7 -1/2 foot Encroachment Zone, this was brought to the attention of the Coastal Commission staff. It was felt that landscaping installed by the City pursuant to City policy in the Encroachment Zone on City property could remain, whereas, landscaping planted by a private property owner on a City easement must be reduced to 3 feet. In response to a question, the Public Works Director stated that when Council Policy L -14 was being formulated, one of the things that came to light was that there was formerly a Parks, Beaches and Recreation policy (which is no longer in effect), whereby the City and adjoining property owners provided for the planting of a number of palm trees on the Oceanfront. This was something that was permitted at the time, thus Council Policy L -14 made an exception to those specific trees and did not consider them to be encroachments. Council Member Hedges suggested this item be held in abeyance until such time as a policy change can be processed which would address this type of request, specifically those areas within Mr. Fairborn's neighborhood which abut the hard - surface Oceanfront Boardwalk. Council Member Hart spoke against continuing this matter, stating there has to be a limit as to what people can plant and cannot plant within this area because of views, etc., and therefore, made a motion to uphold staff's recommendation and deny this request. Volume 46 - Page 256 MINUTES u,a Encroachm Permit/ Fairborn COUNCIL MEMBERS 3$31' • on Ix I x Ix I x • a L! 01� CITY OF NEWPORT BEACH \\\ August 10, 1992 x 13 MINUTES Ed Rosenfeld, 1509 E. Balboa Boulevard, Encroachm addressed the Council and stated that he Permit / wants to plant a tree in his front yard, Fairborn but it is not allowed pursuant to (65) Council Policy L -14. He also has a neighbor who would like to keep his 9 year old tree in his front yard which is in the Encroachment Zone. He felt the City Council should have the discretion to deal with this matter on a case -by- case basis. Council Member Hart pointed out that the City is not saying "You cannot have a tree in your front yard;" however, in the Encroachment Zone, no landscaping, trees, walls, etc., shall exceed 3 feet in height to allow some private use of public property. Dr. Kenneth Cohn, 1313 E. Balboa Boulevard, addressed the Council and stated that when he planted his trees some 8 to SI years ago, he did it for the specific :reason of beautifying that particular area of the beach. He submitted a request for a variance with the Public Works Department, but was denied. However, he thought since his trees were Palm trees they would be exempt. He would like to keep his trees and would urge this item be continued for further review. Following consideration, substitute motion was made by Council Member Turner to defer action on this request for 45 days and direct staff to take another look at Council Policy L -14 as it relates to this specific area, which motion carried. Meeting adjourned at 9:00 p.m., in memory of Frances Sloper„ community activist and President of Friends of the Library, who passed away on August 1, 1992. The agenda for this meeting was posted on August 6, 1992 at 9:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. r L I Mayor — ATTEST: Volueae 46 - Page 257