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CITY OF <br />F NEWPORT REACH <br />City Council Staff Report <br />November 25, 2014 <br />Agenda Item No. 17 <br />TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL <br />FROM: David A. Webb, Public Works Director- (949) 644 -3330, <br />dawebb @newportbeachca.gov <br />PREPARED BY: David Keely, Senior Civil Engineer <br />PHONE: (949) 644 -3349 <br />TITLE: Request to Construct Private Improvements within the Public Alley Right -of -Way <br />located adjacent to 401 and 403 Heliotrope Avenue <br />ABSTRACT: <br />The property owner of 401 and 403 Heliotrope Avenue requests to construct private improvements within <br />the public alley right -of -way adjacent to 401 and 403 Heliotrope Avenue. <br />RECOMMENDATION: <br />a) Waive City Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow a <br />retaining wall up to 6 -foot 2- inches in height encroaching up to 12 feet into the public alley right -of -way <br />adjacent to 401 and 403 Heliotrope Avenue; and <br />b) Direct Staff to enter into an Encroachment Agreement with the owner and authorize the City Manager <br />and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of <br />approval. <br />FUNDING REQUIREMENTS: <br />There is no fiscal impact related to this item. <br />DISCUSSION: <br />The property owner (Owner) at 401 and 403 Heliotrope Avenue is requesting to construct a retaining wall <br />up to 6 -foot 2- inches tall located within the public alley right -of -way behind 401 and 403 Heliotrope Avenue <br />(Attachment A). The subject property is located on the west side of Heliotrope Avenue between First <br />Avenue and Bayside Drive. <br />17 -1 <br />