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HomeMy WebLinkAbout08/12/1991 - Regular MeetingCOUNCIL MEMBERS ROLL CRLL " `f J Present x x Motion All Ayes Motion All Ayes • Ix x x CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING �-t PLACE: Council Chambers A TIME: 7:00 P. X. DATE: August 12, 1991 Presentation of Certificates of Appreciation to: A.Z. Taft, former member, Parks, Beaches and Recreation Commission Norman Loa.ts, former member, Civil Service Board James "Buzz" Person, former member, Planning Commission X x x x A. ROLL CALL. B. Reading of Minutes of Meeting of July 22, 1991, 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 and City Council review of USE PERMIT NO. 3420, being a request of LLOYD RASHER to permit the conversion of an existing legal, nonconforming duplex which exceeds the height allowed in the 24/28 Height Limitation Zone and which exceeds 1.5 times the buildable area of the site, into a two unit residential condominium project on property located in the R -2 District; AND RESUBDIVISION NO. 957, being a request to resubdivide an existing lot and portion of a second lot into a single parcel for residential condominium purposes on property located in the R -2 District. Property located at 208 -210 Carnation Avenue, on the southeasterly side of Carnation Avenue between Seaview Avenue and Ocean Boulevard, in Corona del Mar. Report from the Planning Department. The City Clerk advised that after the agenda was printed, a letter was received from the applicant in support of his request. It was noted that at its meeting of July 18, 1991, the Planning Commission approved the subject applications (6 Ayes, 1 No) with the findings and subject to the conditions of approval set forth in the attached excerpt of the draft Planning Commission minutes dated July 18, 1991. It was also noted that the Planning Commission's recommendation included the waiver of certain Uniform Building Code and Zoning Code requirements as set forth on page 5 and 6 of the Planning Commission staff report, with the exception that the waiver of the independent sewer lateral connections for each unit was not recommended. The Planning Commission required the separate sewer connections inasmuch as it was unable to obtain the Volume 45 - Page 241 MINUTES Use Permit 3420 (88) Resub 957 • • • Motion All Ayes COUNCIL MEMBERS x August 12, 1991 required 4 /5ths vote in order to waive that particular requirement. Bill Laycock, Current Planning Manager, stated that if it is the desire of the City Council to approve the subject application, and not require a separate sewer lateral for each dwelling unit, it is the staff's recommendation that Condition of Approval No. 2 for Use Permit No. 3420 be revised to read as follows: "That each dwelling unit shall be served with an individual water service connection to the public water system." Mr. Laycock also recommended that an additional. Condition of Approval (No. 15) be added to Use Permit No. 3420 to read as follows: "Prepare CC &R's by outside counsel, subject to the review and approval of the Public Works and Building Departments to address ownerships, repair and maintenance of common sewer sections located on private property." Mr. Laycock stated that the above requirement is not a typical condition, but because of the existing sewers in the building, and because of the cost to replace those sewers, it was felt this condition would meet the City's requirements. Lloyd E. Rasner, 208 Carnation Avenue, applicant„ addressed the Council in support of his request and reviewed his written presentation dated August 3, 1991. He stated that the cost to comply with all of the conditions of approval is "weighty," but acceptable. However, to convert: the sewer system, the expense would be such that it would create a grave hardship and therefore end his condo /conversion project. He indicated he was in agreement with revised Condition No. 2 as well as the additional Condition No. 15 as recommended by the staff in the foregoing. Jerry Tucker, Structural Engineer for the project, addressed the Council and displayed a drawing of the three -story structure, and explained how expensive it would 'be to install individual sewer lateral connections for each dwelling unit. Hearing no one else wishing to address the Council, the public hearing was closed. Motion was made to modify the decision of the Planning Commission and approve Use Permit No. 3420 and Resubdivision No. 957, with the Findings and Conditions of Approval designated as Exhibit "A" in the staff report, and Volume 45 - Page 242 MINUTES COUNCIL MEMBERS CITY OF NEWPORT BEACH August 12, 1991 Volume 45 - Page 243 MINUTES Use Permit 3423 (88) including revised Condition No. 2 and additional Condition No. 15 as set forth in the above. 2. Mayor Sansone opened the public hearing • and City Council review of USE PERMIT NO. 3423, being a request of DON HINSHAW 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 2308 Cliff Drive, on the northeasterly side of Cliff Drive, between Aliso Avenue and Fullerton Avenue, in Newport Heights. Report from the Planning Department. It was noted that at its meeting of July 18, 1991, the Planning Commission approved the subject application (5 Ayes, 2 Noes) with the findings and subject to the conditions of approval set forth in the Planning Commission minutes of that date. The applicant is proposing to construct a new three car garage and convert the existing garage into a shop area, construct a new second floor living area over the existing primary dwelling unit, and construct a second floor granny unit over the new • garage. Council Member Watt stated she had some concerns with respect to the Granny Unit Ordinance, particularly the age requirement (60 years and over), and indicated she would like to review the subject matter further at another time. Bill Laycock, Current Planning Manager, advised that as a condition of approval for each granny unit, the City receives documentation annually from each granny unit property owner, guaranteeing that the person residing in the granny unit is 60 years of age or over. The City Manager reported for the record that three letters in opposition to the subject request had not been included in the Planning Department's staff report, and are from residents in the immediate area who felt that the request was inappropriate and could set a precedent for R -2 zoning. Don Hinshaw, 2308 Cliff Drive, applicant, addressed the Council in support of his request. He stated that • he complies with all City requirements for the granny unit, but has not made a selection at this point who will be residing :in`the unit. Hearing no one else wishing to address the Council, the public hearing was closed. Volume 45 - Page 243 MINUTES Use Permit 3423 (88) 0 :Motion • COUNCIL MEMBERS x CITY OF NEWPORT BEACH August 12, 1991 Council Member Hedges inquired as to whether or not the applicant is required to have a tenant once the granny unit is built. The City Attorney responded in the negative, but stated that the unit must be maintained for rental purposes rather than for -sale, and that if it is occupied, the age criteria must satisfy the requirement of 60 years or over. Council Member Hart stated she does not feel the subject application falls within the intent of the Granny Unit Ordinance, and therefore moved to overrule the decision of the Planning Commission, based on the Findings for Denial designated as Exhibit "B" in the staff report. Council Member Hart stated she felt this request was just one way of converting R -1 zoning into R -2 which would not be good for the Newport Heights /Cliff Haven area. Council Member Plummer spoke in support of the motion stating the purpose of the Granny Unit Ordinance was to allow a "blood relative" to reside in it, such as mother, father, mother -in -law, etc. Council Member Hedges inquired if the Granny Unit Ordinance requires that the person residing in the unit be a blood relative, to which the City Attorney replied in the negative. At this time, the hearing was re- opened to allow the applicant to speak. Mr. Hinshaw stated that even though he has not made a selection as to who will reside in the granny unit, he does have two candidates as possible tenants, i.e., his uncle who is 80 years old or his mother -in -law. He indicated he had not pursued this issue inasmuch as he has not received approval to proceed with construction of the unit. The public hearing was closed. Council Members Watt and Turner spoke in support of the motion to deny this project, indicating they felt the "spirit of the law" had been violated in this particular case due to the applicant not having a specific tenant in mind. Council Hember Hedges noted that the applicant has complied with all City code requirements for a granny unit, and indicated he felt the City Council should not have enacted the Granny Unit Ordinance if it is not going to allow the units to`be built. Mayor Sansone stated he will support the motion because he felt it was the State Legislature's intention to allow granny units for older parents who can no Volume 45 - Page 244 MINUTES 1011 COUNCIL MEMBERS ROLL CRLL N Ayes 6 • • CITY OF NEWPORT BEACH A©©©©©© August 12, 1991 longer take care of themselves and need the assistance of their children close by. The motion was voted on and carried. Mayor Sansone opened the public hearing and City Council review of MODIFICATION N0. 3864. A request of KEN AND MARY ROUSE to permit the construction of an addition (10 feet in length) that will encroach 3 feet into the required 6 foot side yard setback, property located at 522 Seaward Road. Report from the Planning Department. The City Clerk advised that after the agenda was printed, two letters were received in opposition to the subject request from Gared Smith, Architect, and the Corona Highlands Architectural Committee. It was noted that at its meeting of July 2, 1991, the Modifications Committee voted (2 Ayes, 1 No) to recommend approval of Modification No. 3864, with the findings and subject to the condition of approval set forth in the staff report. The applicant proposes to expand the master bathroom into the required side yard setback. The existing side yard is already nonconforming in that it is 5 feet in width instead of 6 feet as required under the R -1 -B zoning. As approved, the bathroom, which is 10 feet in length, would encroach an additional 2 feet leaving a side yard of 3 feet. In addition, the garage on the adjoining property is approximately 6 feet off the common property line. Thus, if constructed, there would still be approximately 9 feet between the two structures. It was further pointed out that the proposed encroachment extends no further than an existing eave and not further than an existing upper level window seat encroachment which was approved by the Modifications Committee in 1985. Ken Rouse, 522 Seaward Avenue, applicant, addressed the Council in support of his request stating that a 6 foot high fence in front of the proposed addition is located so the new construction will not be highly visible from the street. He submitted photographs showing the addition as well as other modifications in the area approved by the City in 1985 and 1982. He also submitted a petition containing 17 signatures of residents on Seaward Road and Morning Canyon Road who have no objection to the proposed side yard encroachment:. In conclusion, he presented a copy of a recorded Declaration of Recision of Restrictions, Conditions and Covenants dated July 18, 1974, which he stated, in essence, means that he is not bound by the current CC &R's. Volume 45 - Page 245 MINUTES Modifica- tion 3864 (94) ROLL CRLL '\ • Motion Motion x x CITY OF NEWPORT BEACH \ \\ August 12, 1991 Ayes Noes Ix lx IxI I X I xIx Ll In response to question raised by the Mayor, Mr. Rouse stated that the neighbor who would be adjacent to the proposed encroachment did not sign the petition, but informed him he did not oppose the addition. Discussion ensued wherein it was pointed out that the Modifications Committee had approved six similar side yard encroachments in Corona Highlands from 1973 to 1989. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to sustain the decision of the Modifications Committee. Substitute motion was made to overrule the decision of the Modifications Committee. Mayor Sansone stated he made the substitute motion because the setbacks set by the CC&R's are no longer applicable, and because the setbacks required by the Zoning Code are applicable. He felt if this Modification were allowed, it would set a continuing precedent for a very valuable area. The City Attorney commented that CCSR's or private contracts between the property owners are not relevant to the decision of the City Council to grant or deny a modification. However, the input from the Corona Highlands Architectural Committee can be considered relevant to the extent: that it expresses planning considerations, etc. Mayor Sansone stated that another reason he was not: in favor of the request was because the property which will be most closely affected by the proposed encroachment is either up for sale, or in escrow„ and the new property owner would be only 9 feet from the addition. The substitute motion was voted on and carried. INDEX 4. Mayor Sansone opened the public hearing Tow Truck to consider application for CERTIFICATE (70) OF PUBLIC CONVENIENCE AND NECESSITY FOR DR. TOW to operate one tow truck in the City of Newport Beach. Report from the Revenue Manager. The City Manager advised that Dr. Tow is based at 114 E. 16th Street, Costa Mesa, and began business five months ago. The applicant proposes to conduct towing operations ,primarily for service to automotive: .repair facilities, and private property impounds. Dr. Tow is not requesting to conduct Police towing services in this City. The schedule of rates listed on the application are, on the average, eight percent (8 %) less than the rates approved for the two Volume 45 - Page 246 CALL Motion All Ayes • Motion All Ayes COUNCIL MEMBERS x DA CITY OF NEWPORT BEACH August 12, 1991 INDEX police tow companies. Tax returns were submitted by the applicant in lieu of a financial statement inasmuch as Dr. Tow has only been in business a short time. David Wyman, applicant, addressed the Council and stated he was available for questions. David Wyman, applicant, addressed the Council and stated he was available for questions. Hearing no questions, and no one else wishing to address the Council, the public hearing was closed. Motion was made to approve the request for Certificate of Public Convenience and Necessity to Dr. Tow. E. PUBLIC COMMENTS: Allan Beek, 2007 Highland Avenue, Secretary of SPON, addressed the Council and submitted a letter dated July 23, 1991, in support of the City Council's vote to deny the Balboa Bay Club's project on July 22, 1991, and urging the Council to follow up by creating a committee to determine what the voters of the City DO want. He stated that SPON should be represented on the committee as they believe their track record of study and constructive criticism of the City's planning process qualifies them for a role in finding and reporting to the Council what the people want from the Balboa Bay Club property. Kam Yee, no address given, addressed the Council regarding his desire to landscape and convert the street end at 42nd Street in excess of what is permitted by City Council policy. The Public Works Director reported that the area in question is adjacent to the bay rather than the ocean, and that his staff has drafted a report to the City Manager on this issue which might possibly be placed on the next Council agenda. Grant Reynolds, 1301 Kings Road, addressed the Council in support of their action taken on July 22, 1991 regarding the Balboa Bay Club project. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading and adoption on August 26, 1991: (a) Removed from the Consent Calendar (refer to agenda item G. 1 for Council; action). (b) Proposed ORDINANCE NO. 91 -34, Ord 91 -34 being, CVC Enforce - AN ORDINANCE OF THE CITY COUNCIL ment OF THE CITY OF NEWPORT BEACH (85) Volume.45 - Page 247 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL C \ \ \�TAugust 12, 1991 MINUTES INDEX Volume 45 - Page 248 DELETING SECTION 12.66.081 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING CVC ENFORCEMENT ON PRIVATE ROADS IN POINT DEL MAR DEVELOPMENT. [Report from Public Works-Traffic Engineering] • 2. RESOLUTIOINS FOR ADOPTION: (a) Resolution No. 91 -86 of urgent Res 91 -86 necessity regarding emergency Emergency contract replacement of BROKEN Contract of WATER MAIN IN JAMBOREE ROAD by Broken Wate informal competitive bidding process. [Report from the Main Utilities Director] (89) (b) Resolution No. 91 -87 prohibiting Res 91 -87 SKATEBOARDING on 15th Street Skateboard including area surrounding public rest.room. [Report from the Public (85) Works- Traffic Engineering] (c) Resolution No. 91 -88 ordering the Res 91 -88 summary vacation and abandonment Vacation Of en unused easement for public Abandonment utility purposes at 505 32nd of Easement Street (between Via Malaga in (90) Cannery Village/NeFadden Square Specific Plan Area) ; and directing City Clerk to record subject resolution. [Report from the Public Works Department] 3. CONTRACTS /'AGREEMENTS: • (a) Award Contract No. 2791 to Nobest, C -2791 Inc., for $43,987.10 for the t Shores NEWPORT SHORES PARK; and authorize park the Mayor and City Clerk to (38) execute the contract. [Report from the Public Works Department] (b) Authorize the Mayor and City Clerk -2875 to execute Agreement to Transfer obilehome Mobi :lehome Space No. 3 -E (lease from Robert Kadner and Herbert Space #3 -E. Citron to James R. & Marleen D. (38) Quandt) . (c) Authorize the Mayor and City Clerk -2876 to execute Agreement to Transfer Mobilehome Nobi:lehome Space No. 6 -B (lease ce #6 -B from Richard P. Kratz to Richard ( 8) Brown L. and Doris Brown, and Eunice J. Brown, Trustee for Brown Family Trust). (d) Authorize the Mayor and City Clerk -2539 to execute new Agreement to extend Harbor the HARBOR DEBRIS REMOVAL /CITY- COUNTY COST SHARING AGREEMENT brim (CONTRACT NO. 2539) for a five- (38) year period. [Report from the Marine Director] 4. COMMUNICATIONS For referral as indicated: (a) To the Parks, Beaches and B&R Recreation Department for (62) response, complaint from National Association Benefits, Bryan McDonald, regarding HIGH COST OF GOLF CHAMPIONSHIP ENTRY FEES. Volume 45 - Page 248 CITY OF NEWPORT BEACH ROLL CR \ August 12, 1991 MINUTES INDEX Volume 45 - Page 249 (b) To Library Board for reply, letter Library from Alfred and Shirley Wach (50) concerning: REQUEST FOR UNDERGROUND UTILITIES IN WEST NEWPORT AND RE- OPENING THE WEST • NEWPORT BRANCH LIBRARY. (c) To City Attorney for response, Legislation letter from Marilyn Burrell of (48) Thompson Investment Company, requesting revision to CITY'S SMOKING ORDINANCE NO. 85 -19, to include proviso that no smoking will. be allowed in any public workplace. After agenda printed, letter was received from president of Life Dimensions, Inc. (d) To Parks, Beaches and Recreation PB&R Department for response, letter (62) from Helen F. Kreutzkamp regarding LANDSCAPING PARK ABOVE AVON STREET. (e) To Marine Department for response, Marine letter from Angelo Peykoff with (51) suggestions to restore equity against excessive DOCK FEES. (f) To -the City Manager for reply, Traffic letter from The Bluffs Homeowners (85) Community Association requesting a postponement of the TEMPORARY • STOP SIGN at the corner of Vista del Oro and Mar Vista from the August 12 Council agenda to August 26. (g) To staff for response, article and Property letter from John W. Bennett citing (73) the City's future plans for the lot at 4210 River Avenue (PEOPLE'S PARK). (h) To the City Attorney for response, Attorney suggestions from George F. Gerard (31) toward combating GRAFFITI VANDALISM. (i) To Police Department for inclusion PD in the records, letter of thanks (70) from the Balboa Improvement Association for the professional and superb manner in which the FOURTH OF JULY "WEEKEND" was conducted. (j) To :staff for reply, letter from Traffic Judy Spindle requesting agenda (85) scheduling to consider SCHOOL BUS PROBLEM ON OCEAN AND POPPY AVENUE. • 5. COMMUNICATIONS - For referral to the City Clerk, for inclusion in the records: None. 6. CLAINS FOR DAMAGES - For denial and {36) confirmation of the City Clark's referral to the claims adjuster: Volume 45 - Page 249 CHLL C • • CITY OF NEWPORT REACH \ \\ August 12, 1991 (a) Eastman Kodak Company/Eugene DeLucas alleging City vehicle collided with company car on May 20, 1991 on 38th Street. (b) Diane Stillman alleging trip and fall on sand at Birch and Von Karman in front of Le Meridian Hotel on July 24, 1991, seeking reimbursement of $5.00 for damaged stockings. MINUTES Eastman Kodak.Co/ DeLucas Stillman (c) AR211cation for Leave to Present Thomas Late Claim of Dolores and Richard Thomas alleging personal injuries, damages, etc. , as a result of fall at the Balboa Bay Club (stepping stones outside lobby) on August 2, 1990. (d) Tom Foolery Chocolate and Bakery Foolery alleging City sewer backed up and caused flooding and damage to some inventory and personal property at 705 E. Balboa Boulevard on July 7, 1991. For rejection: (e) Late Claim of United States Postal US Postal Service (Jeff Davis) alleging he Serv/Davis was :stopped at red light and rear - ended by City Refuse truck at Jamboree Road and Michaels Avenue - City of Irvine, on November 23, 1990. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Steven Craig Laughlin, Orange County Superior Court Case No. 65- 97-82. Claim denied by the City Council on March 11, 1991. (b) Herbert J. Parker, Orange County Superior Court Case No. 663347 for personal injuries, etc. Claim was denied by City Council March 25, 1991. (c) Sheri L. Stroffe, Orange County Superior Court, Case No. 661836. Claim was denied by City Council January 14, 1991. (d) Desiree Wilson, Orange County Superior Court, Case No. 661401, for personal injuries and property damage. Claim was denied by City Council on January 28, 1991. 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Deputy General Services Director, General Services Department. (b) One Community Services Officer, Police Department. Volume 45 - Page 250 Laughlin Parker Stroffe Wilson ROLL CALL N • • • \ \\ August 12, 1991 (c) One Sr. Equipment Operator, General Services Department. (d) One Custody Officer, Police Department. (e) One Police Records Specialist, Police Department. (f) One Recreation Supervisor, Recreation Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the City Manager concerning IMPLEMENTATION OF CENTRAL BALBOA CIRCDLATION/PARKING STOD'r. (b) Removed from the Consent Calendar (refer to agenda item G. 1 for Council action) For Council information and filing: (c) Report from the Planning Department regarding ELECTION OF PLANNING COMMISSION OFFICERS for the FISCAL YEAR 1991 -92. (d) Report from the Board of Library Trustees regarding ELECTION OF OFFICERS FOR FISCAL YEAR 1991 -92. (e) Report from the Parks, Beaches and Recreation Director regarding the ELECTION OF PARKS, BEACHES AND RECREATION COMMISSION AND ARTS COMMISSION OFFICERS FOR FISCAL YEAR 1991 -92. 10. PUBLIC HEARING SCHEDULING: None. 11. RESUBDIVISION NO. 911 - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivision No. 911, on property located at 3245 -3251 Broad Street and 476 -480 North Newport Boulevard, bounded by North Newport Boulevard, Bolas Avenue and Broad Street, in the Old Newport Boulevard Specific Plan Area; and authorize the City Clerk to release the Faithful Performance Surety (Bank of America Time Deposit Account No. 04028- 00002), and release the Labor and Material Surety (Bank of America Time Deposit Account No. 04020 - 00001) in six months provided no claims have been filed. [Report from the Public Works Department) 12. RESUBDIVISION NO. 913 - Approve the improvement plans and specifications and accept the! public . improvements constructed in conjunction with Resubdivision No. 913 on property located at 700 Begonia Avenue, on the northeasterly corner of Begonia Avenue Volume 45 - Page 251 MINUTES INDEX ;85) ;24) Library Bd ;24) ?B&R /Arts :man ;24) 911 913 CITY OF IVEVORT BEACH S ROLL CHLL August 12, 1991 0011 INDEX raga c�< and Fourth Avenue in Corona del Mar; and authorize the City Clerk to release the Faithful Performance Surety and Labor and Materials Surety (Letter of Credit No. 7775940/00006 with Sunwest Bank). [Report from the Public Works • Department] 13. RESUBDIVISION NO. 861 - Approve the Resub 861 improvement: plans and specifications and accept the public improvements constructed in conjunction with Resubdivisi:on No. 861 on property located at 3841 Ocean Birch Drive, on the southerly side of Ocean Birch Drive between the southerly terminus of Spyglass Hills Road and Sea Bell Circle, in the Spyglass Ridge residential area; and authorize the City Clerk to release the Faithful Performance and Labor and Materials Bonds (No. 3217) in six months provided no claims have been filed. [Report from the Public Works Department] 14. USE PERMIT NOS. 3365 AND 3377 - Approve Use Permit the improvement plans and specifications 3365/33771 . and accept the public improvements (88) constructed in conjunction with Use Permit Nos. 3365 and 3377 on property located at: 2804 and 2806 Lafayette Avenue respectively, on the easterly side of Lafayette Avenue, between 28th Street and 29th Street, in the Cannery Village/McFadden Square Specific. Plan • Area; and authorize the City Clerk to release the Faithful Performance Surety, and Labor and Materials Surety (Certificates of Deposit No. 16582) in six months provided no claims have been filed. [Report from the Public Works Department] 15. Removed from the Consent Calendar (refer to agenda item G. 2 for Council action) 16. DELETION OF THE COLLINS AVENUE DRAIN C -2800 FROM THE CONTRACT FOR STORM DRAIN Storm Drain CONSTRUCTION (C -2800) - Direct the Public Works Department to negotiate an COnstructl0 agreement to delete the Collins Avenue (38) Drain from the contract; and adopt a budget amendment re- appropriating the funds to F.Y. 1991 -92. [Report from the Public Works Department] 17. ACCEPTANCE OF CONSTRUCTION OF -2824 MODIFICATIONS TO THE MARINERS MILE 4ariners PARKING LOT AND ACCESS ROAD (C -2824) - 'le Parkin Accept the work; and authorize the City Ot Clerk to file a Notice of Completion, 38) and release: the bonds 35 days after the Notice of Completion has been recorded r in accordance with applicable portions of the Civil Code. [Report from the Public Works Department] 18. THE IRVINE COMPANY'S APPEAL OF STAFFS Encroachment DENIAL OF AM ENCROACHMENT PERMIT - Permit/ Uphold staff's recommendation to denv Irvine Co. the subject appeal to allow an existing (65) 6' by 6' directional sign to remain on City property adjacent to Jamboree Road at the Mouth of Big Canyon; and direct raga c�< CITY OF NEWPORT BEACH COUNCIL MEMBERS r ��f August 12, 1991 ROLL CRLL���``` MINUTES INDEX owner to remove the existing directional sign from the property within 30 days. [Report from the Public Works Department] 19. COUNCIL TRAVEL AUTHORIZATION AND EXPENSE Cncl Travel • RECORD - Approve expenses incurred by Expanse Council Member Evelyn Hart in the amount (33) of $536.50 to attend League of Cities meeting in Monterey from July 10 - 13, 1991. 20. SPECIAL EVENTS APPLICATIONS - Uphold Special staff's recommendation to approve Event Application No. 91 -283, request of #91 -283 Duncan McIntosh Company to temporarily (27) close Via Oporto in the Lido Marina Village from .September 25 through October 7, 1991, for the 18th Annual In- The-Water Boat Show, subject to conditions listed in the staff report. (Report from the Revenue Manager) 21. BUDGET AMENDMENTS - For approval: (40) BA -010, $120,000 - Increase in Budget Appropriations to provide for the " construction of Collins Avenue Storm Drain Project; General Fund. [Refer to report w /agenda item F -16) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed ORDINANCE NO. 91 -33, being, Ord 91 -33 • AN ORDINANCE OF THE CITY COUNCIL Vehicle OF THE CITY OF NEWPORT BEACH Restriction, ADDING SECTION 17.28.045 TO THE on Pier NEWPORT BEACH MUNICIPAL CODE (51) PERTAINING TO VEHICLE RESTRICTIONS ON NEWPORT PIER. [Report from Public Works - Traffic Engineering] AND Report from the Public Works Department Cncl Policy concerning proposed COUNCIL POLICY L -15, L -15 MCFADDEN PLAZA AND PIER USE. (69) Council Member Hedges commented that he would like to further restrict wheeled conveyance:; in the McFadden Plaza area, Motion x and therefore moved to refer the All Ayes proposed Council Policy L -15, McFadden Plaza and Pier Use, to the Bicycle Trails and Traffic Affairs Committees for review and input. The Public Works Director noted that proposed ordinance pertains to vehicle loads on the pier and not wheeled conveyances, in the McFadden Square area, Motion x and therefore, motion was made to introduce Ordinance No. 91 -33 and pass 6yes to second reading on August 26, 1991. 2. Report from the Public Works Department Encroachment recommending denial of THE PENINSULA Permit/ SHIPYARD'S APPEAL OF STAFF'S DENIAL OF Peninsula AN ENCROACHMENT PERMIT for the Shipyard installation of a trash enclosure in the (65) Arcade right -of -way at 223 21st Street. V..l..nm AS - D --- qn% COUNCIL MEMBERS > A S August 12, 1991 ROLL Cf�L • • • Council Member Hedges stated that the reason he pulled this item off the Consent Calendar was due to the Council's on -going concern to support and nourish the vanishing shipyards throughout. the City, and to deny the subject request for encroachment he felt would have an onerous impact on the Peninsula Shipyard. The Public: Works Director stated that the primary reason for the staff recommending denial of the subject request was that it could constitute a significant precedent for approval of similar requests by many other businesses in the City. The City has never permitted private trash dumpsters to be stored on public property and it is not requiring anything of the Peninsula Shipyard that is not required of every other business. Council Member Hedges commented that he had viewed the site and does not feel the City would be setting a precedent if this request is approved because of the unique nature and location of the dumpster, which he added, will be screened. He also felt that inasmuch as the dumpster is not in any street right - of -way it should be allowed in order to preserve shipyards in the City. Council Member Hart indicated her concurrence with Council Member Hedges comments, and stated she did not feel it would be a disadvantage to the City to let the dumpster remain at its present location. The Public Works Director commented that the staff is recommending that the property owner move the trash container onto private property, and is suggesting that the Existing compressor be moved northerly approximately six feet along the building wall. Mary Lynn Norby, owner of Peninsula Shipyard, Inc., 223 21st Street, addressed the Council and stated that her corporation acquired the rights to operate the shipyard last August, which consisted of taking over a use permit issued to the previous owner. She stated she is now in the process of attempting to comply with all the conditions of approval of that permit. It is her intention to install a fence to screen the dumpster which will be painted blue and white to match the existing shipyard building. She submitted photographs of the shipyard as well as other pictures of various dumpsters throughout the City which have not been screened. She stated that the recommendation to relocate the compressor, underground the air compressor line, etc., is estimated to cost over $6,000. Volume 45 - Page 254 MINUTES INDEX PI�r� -ia-i•�a•� ROLL CRLL \ Motion x All Ayes • Motion All Ayes • Motion All Ayes Motion All Ayes Motion All Ayes x sm W.14 CITY OF NEWPORT BEACH MINUTES August 12, 1991 Following consideration, motion was made to grant the request for installation of a trash enclosure in the Arcade right - of -way at 223 21st Street, subject to it being screened from public view; that the applicant hold the City harmless from any livability, and that said permit be revokable upon notice by the City. H. ORDINANCES FOR ADOPTION: I. Proposed ORDINANCE NO. 91 -32, being, AN ORDINANCE OF THE CITY COUNCIL Retail Sale OF THE CITY OF NEWPORT BEACH Firearms AMENDING CHAPTER 5.80 OF THE NEWPORT BEACH MUNICIPAL CODE (27) PERTAINING TO THE RETAIL SALE OF FIREARMS, Recycled report from the Revenue Manager, dated July 22, 1991. Notion was made to adopt Ordinance No. Ord 91 -32 91 -32. I. CONTINUED 13USINESS: None. J. CURRENT BUSINESS: 1. Letter from Gary Appel, Attorney, REQUESTING A REHEARING ON THE DENIAL OF ENCROACHMENT PERMIT on property located at 1600 West Ocean Front (owner Thomas Berean). Motion was made to deny subject request and refer to the Public Works Department to administer under the new Beach Encroachment Policy. 2. Report from the City Manager concerning the ORANGE: COUNTY HOUSING AUTHORITY ADVISORY COMMITTEE. Motion was made to confirm the appointment of Craig Bluell as the City's representative; and Leslie Daigle, as the Alternate (replacing Robert Brockman) for two year terms ending June: 30, 1993. 3. Bulletin requesting Voting Delegate Information for the LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE, OCTOBER 13 - 16, 1991 IN SAN FRANCISCO. Notion was made to confirm Mayor Phil Sansone as City's Voting Delegate; and Council Member Ruthelyn Plummer as the Alternate; and direct the City Clerk to complete the "voting delegate form" and forward to the League of Cities as soon as possible. Volume 45 - Page 255 Permit (65) OC Housing Authority (54) ;61) of CA ,, 1 COLKIL MEMBERS 1!01�\V0 \\ August 12, 1991 Motion All Ayes • • Im 4. CITIES REPRESENTATIVES TO THE ORANGE COUNTY SANITATION DISTRICTS 5 AND 6. Notion was made to confirm the appointment of Council Member Evelyn Hart from DISTRICT NO. 5 TO DISTRICT NO. 6; and confirm appointment of Council Member Ruthelyn Plummer as Alternate for DISTRICT NO. 6; AND Confirm appointment of Council Member Ruthelyn Plummer to DISTRICT NO. 5; and confirm appointment of Council Member Evelyn Hart as Alternate for DISTRICT NO. 5. Meeting adjourned at 8:40 p.m. The agenda for this meeting was posted on August B, 1991 at 9:00 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 45 - Page 256 MINUTES INDEX OC Sanitation (54)