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Home My WebLink About05/13/1985 - Regular Meeting• • COUNCIL MEMBERS REGULAR COUNCIL MEETING \CALPLACE: Council Chambers TIME: 7:30 P.M. DATE: May 13, 1985 ROLL MINUTES 111nal37 Preseflt x x x x x A. ROLL CALL. ent x x on x B. The reading of the Minutes of the All Ayes Meeting of April 22, 1985 was waived, approved as written, and ordered filed. Motion x C. The reading in full of all ordinances All Ayes and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the public hearing Ord 85 -12 regarding Ordinance No. 85 -12, being, PCA 618 (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING THE PROVISIONS OF SECTIONS 20.12.040, 20.13.040, 20.14.040, 20.15.040, 20.16.045 AND 20.17.045 TO CLARIFY MEASUREMENT OF SETBACK LINES IN RESIDENTIAL ZONES (PLANNING COMMISSION AMENDMENT NO. 618) Report from the Planning Department, was presented. Hearing no one wishing to address the - Council, the public hearing was closed. r n x Motion was made to adopt Ordinance No.' Ayes 85 -12. E. PUBLIC COMMENTS: Jack Mangels; 2322 Margaret Drive, addressed the Council regarding police helicopter noise. He stated that in his opinion noise from the helicopters is louder and more irritating than the jets flying out: of John Wayne Airport, especially between midnight and 2 a.m. He suggested the City.eliminate the helicopters and spend the money on more patrol cars and better enforcement. He also stated that it was his understanding that Newport Beach was the only City using helicopters for routine patrol. Following comments by Council and staff, the Mayor advised Mr. Mangels that his remarks would be taken under consideration. F. CONSENT CALENDARt n x The following actions were taken as yes indicated, except for those items removed: Volume 39 - Page 164 COUNCIL MEMBERS \CALROLL May 13, 1985 MINUTES INDEX 1. ORDINANCES FOR INTRODUCTION: Schedule for public hearing on May 28, • 1985 - (a) Proposed ORDINANCE NO. 85 -13, Ord 85 -13 being, PCA 619 (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING THE PROVISIONS OF CHAPTER 20.83 PERTAINING TO THE INTENSIFICATION OR EXPANSION OF NONCONFORMING USES (PLANNING COMMISSION AMENDMENT NO. 619.). (Report from Planning Department) Pass to second reading and adoption on May 28, 1985 - (b) Proposed ORDINANCE NO. 85 -14, Ord 85 -14 being, Study Sessions AN ORDINANCE OF THE CITY OF (33) NEWPORT BEACH AMENDING SECTION 2.04.020 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING THE TIME FOR STUDY SESSION AS 1:30 P.M., EFFECTIVE JULY 1, 1985. . 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 85 -32 declaring that Res 85 -32 weeds and other public nuisances Weeds/ exist upon streets, alleys, Nuisances sidewalks, parkways and private (41) property within the City, declaring that said weeds and public nuisances must be abated, setting the time and place for a public hearing at which the City Council will consider protests from persons objecting to the proposed destruction or removal of such public! nuisances by the City and directing the Fire Chief to give notice of the passage of this resolution and of the public hearing. (Report from Fire Chief) (b) Removed from the Consent Calendar. 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and the City Bal Yacht Clerk to execute the Balboa Yacht Basin Marine Basin Marina easement to the Easement Southern California Edison Company C -2422 • (C- 2422)'. (Report from Public (38) Works) Volume 39 - Page 165 CITY OF NEWPORT BEACH COUNCIL MEMBERS F May 13, 1985 LP ROLL \CAL S MINUTES INDEX (b) Authorize the Mayor and the City Upr Npt Bayl Clerk to execute the San Diego SDiego Ork Creek Sediment Monitoring Program Sdmtn Mntnc • Cooperative Agreement with County Prgrm /Orng of Orange (Upper Newport Bay, Unit Cnty I Contract NO. 2441(f)). (Report C- 2441(f) from Public Works) (38) (c) Authorize the Mayor and the City Balboa Ycht' Clerk to execute an Amended Ban Mrna /Eng. Engineering Services Agreement Srvc Agmt (Balboa Yacht Basin Marina) with C -2337 Rod Lundin and Associates (C- 2377). (38) (Report from Public Works) (d) Award Contract No. 2495 - Street St /Alley and Alley Slurry Seal Program to Slurry Sl/ Sunset Oil Inc, of Long Beach for Sunset Oil the total price of $60,337.50; and C -2495 authorize the Mayor and the City (38) Clerk to execute said contract. (Report from Public Works) (e) Authorize the staff to negotiate a Upr Npt Bay project change order to provide for Unt I /Sdmtn additional excavation from the Cntrl &Rstrtu Upper Bay under the Unit I Upper C -2441 Newport Bay Sediment Control and (38) Restoration Project; and authorize the Mayor and City Clerk to execute an amendment to the agreement with • the Department of Fish and Game providing additional funding to their portion of the cost for the Unit I Upper Newport Bay Sediment Control and Restoration Project (C- 2441). (Report from Public Works) (f) Authorize the Mayor and the City Library Clerk to execute the Library Automatn Automation Consultant Agreement Cnsltnt Agm with J. Matthews and Associates. C -2508 (Report from the Board of Library (38) Trustees) (g) Authorize the Mayor and the 'City'. O -C /Mooring Clerk to execute an Amendment to Agmt the Mooring Agreement with County C- 2241(a) of Orange, extending the agreement (38) to December 30, 1985 (C- 2241(a)). . (Report from Marine Department) 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) To Planning Department for Planning • response, letter from Steve Morris, regarding the Fun Zone. (68) Volume 39 - Page 166 COUNCIL MEMBERS \CAL\ vROLL s �Ffl ��9 May 13, 1985 MINUTES wnFY (c) To Planning Department for Planning inclusion in the records, letters (68) from Balboa Improvement Association • and Balboa Peninsula Point Association, supporting Balboa Landing Project (507 East Edgewater, Balboa). (d) To General Services for response, General letter from Albert Pizzo, regarding Services sidewalk and gutter situation at (44) 2227 Francisco Drive. (e) To Planning Department for report Planning back, letter from Canyon Crest (68) Estates Homeowners Association, regarding adverse impacts of Douglas Allred Project. (f) To Public Works for inclusion in Public Works the records, letter from Newport. (74) Hills Merchants Association, regarding San Joaquin Hills Transportation Corridor. (g) To Pending Legislation and Legislation Procedural Ethics Committee, letter (48) from J. W. Payton, regarding government spending. (h) To Planning Department for Planning inclusion in the records, letter (68) • from Golden State Mobilhome Owners League, Inc, regarding Lido Mobile Home Park. (1) To City Attorney for inclusion in Legislation the records, letter from Alice and Smoking in Edward Culver, regarding smoking in Public public places. (48) (j) To City Manager for response, City Manager requesting additional information (34) concerning letter from Beacon Bay Community Association, pertaining to request for a committee. (k) To Pending Legislation and Legislation Procedural Ethics Committee, letter AB 1327 from Mayor of City of Placentia, (48) urging support of AB 1327. 5. COMMUNICATIONS -.For referral to the City Clerk for inclusion in the records: (a) Orange County Local Agency Formation Commission Minutes of April 3, 1985 and Preliminary Agenda of May 1, 1985. • Volume 39 - Page 167 . el _ , COUNCIL MEMBERS \CAL \kpkP�\p 9ROLL May 13, 1985 MINUTES IFILTi7W1 (b) Application before the California Public Utilities Commission regarding Southern California • Edison Company application (No. 83- 12 -53), notice of public hearing. (c) League of California Cites - Minutes of April 11, 1985. (d) Orange County Senior Citizens Advisory Council - advocacy alert #70 (telephone service increases /charges) and #71 (OCTD toll free numbers to reach Dial-•A-Ride). 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Michael Amador alleging his vehicle Amador struck an overhanging tree approximately 300 feet south of Seaview in front of 235 Poppy thereby causing property damage and personal injuries on April 3, 1985. (b) John Barry & Associates alleging Barry & City refuse truck backed into Associates claimant's legally parked vehicle • at 31st Street on March 26, -1985. (c) Carl & Catherine Crewe seeking Crewe equitable indemnity from claim filed by Joan Christensen who fell while riding a bicycle at 601 Bayside Drive on February 10, 1984. (d) C. L. Lightburne alleging property Lightburne damage as a result of sewer backup at 4630 Dorchester Road on July 8, 1984. (e) Albert Powell alleging loss of Powell consortium as a result of accident Sue Powell was involved in and being rear -ended by City truck at Santa Barbara and Jamboree Road on March 29, 1985. i (f) Susan Powell alleging personal Powell injuries as a result of being rear -ended by City truck at Santa Barbara and Jamboree Road on March 29, 1985. • Volume 39 - Page 168 *- COUNCIL MEMBERS \CALROLL May 13, 1985 MINUTES INDEX (g) Southern California Gas Company South Cal alleging Water Department hit and Gas Co damaged claimant's main and service • line at Shorecrest Lane, Corona del Mar on March 19, 1985. For rejection: (h) Late claim of William Eric Leiphardt Leiphardt alleging failure to release vehicle from the impound lot prior to the time it was released at Pacific Coast Highway on July 14, 1984. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Susan E. Cook, Orange County Cook Superior Court, Case No. 45- 70 -83. Claim was denied by City Council on December 10, 1984. (b) Tyrone A. Pruett, Orange County Pruett Superior Court, Case No.. 45- 61 -98. Claim was denied by City Council on October 22, 1984. (c) Christina G. Yule and George P. Yule Yule, Jr., Orange County Superior • Court, Case No. 40- 36 -61. Claim was denied by City Council on March 28, 1983. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one License Clerk, Finance Department. (b) Approve one Steno Clerk II, City Attorney's Office. (c) Approve one Equipment Mechanic I, General Services Department. (d) Approve one Equipment Operator II, General Services Department. (e) Approve one Police Clerk I, Police Department. (f) Approve one Police Officer, Police Department. (g) Approve one Secretary to the Mayor /Administration, Mayor's Office. • Volume 39 - Page 169 y :< COUNCIL MEMBERS \CALROLL May 13, 1985 MINUTES Ii.r1133 9. STAFF AND COMMISSION REPORTS - For Council information and filing: • (a) Removed from the Consent Calendar. (b) Report from Public Works regarding Public Works Mobil service station - Coast Mobil Svc Highway at Jamboree Road. Station (74) For Council information and approval: (c) Report from City Attorney Marine/ recommending the posting of signs Beach Signs warning of certain beach (51) conditions. 10. PUBLIC HEARING SCHEDULING: None. 11. RESUBDIVISION NO. 753 - Accept the Resub 753 public improvements constructed in (84) conjunction with Resubdivision No. 753; and authorize the City Clerk to release the Faithful Performance set -aside letter in the amount of $1,000 and release the Labor and Material set -aside letter in six months provided no claims have been filed. (Report from Public Works) • 12. REQUEST OF ROBERT ZEPFEL AND ANGELA Zepfel S KRAUS OF #12 NAPOLI TO CONSTRUCT A LOW Kraus/ RETAINING WALL AND GARDEN FENCE WITHIN A #12 Napoli CITY PUBLIC UTILITY EASEMENT LOCATED (65) ALONG THEIR NORTHEASTERLY PROPERTY LINE - Approve :issuance of an encroachment permit for construction of non - standard improvements; approve the encroachment agreement; and authorize the Mayor and the City Clerk to execute the agreement and direct the City Clerk to have the agreement recorded with the Orange County Recorder. (Report from Public Works) 13. USE PERMIT 3126 - Approve a use permit UP 3126 agreement guaranteeing completion of the (88) public improvements required with Use Permit No. 3126; and authorize the Mayor and the City Clerk to execute said agreement. (Report from Public Works) 14. PEARL AVENUE STORM DRAIN (C -2432) - Pearl Ave Accept the work; and authorize the City Storm Drain Clerk to file a Notice of Completion and C -2432 release the bonds 35 days after Notice (38) of Completion has been recorded, provided no claims filed. (Report from • Public Works) Volume 39 - Page 170 •: T • :. F COUNCIL MEMBERS F May 13, 198\PP ROLL \CAL MINUTES 0032 FA 15. PUBLIC BAY PIER FLOAT REPLACEMENT Pub Bay Pier (C -2476) -• Approve the transfer of funds Float Replan into Account No. 23- 4197 -017; approve C -2476 • the plans and specifications; and (38) authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on May 30, 1985. (Report from Public Works) 16. REMODEL ENGINEERING WING OF CITY HALL Remodel Eng (C -2473) - Accept the work; and Wing/City authorize the City Clerk to file a Hall Notice of Completion and release the C -2473 bonds 35 drays after the Notice of (38) Completion. has been recorded, provided no claims filed. (Report from Public Works) 17. RESUBDIVISION NO. 796 - Accept the offer Resub 796 of dedication of a 12 -foot radius corner cutoff at the corner of East Coast Highway and Jasmine Avenue; approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 796; and authorize the Mayor and the City Clerk to execute the agreement. (Report from Public Works) 18. ENCROACHMENT PERMIT FOR CUBE SIGNS IN Encroach THE NEWPORT CENTER DRIVE RIGHT OF WAY - ermit /Nwpt Authorize the staff to issue an Cntr Dr encroachment permit allowing The Irvine (65) Company to install cube signs in seven locations in the Newport Center Drive street right of way. (Report from Public Works) 19. Removed from the Consent Calendar. - 20. STORM DRAIN IMPROVEMENT PROGRAM (C -2450) Storm Drain - Accept the work; and authorize the Impry Prgm City Clerk to file a Notice of -2450 Completion and release the bonds 35 days (38) after the Notice of Completion has been recorded, provided no claims filed. (Report from Public Works) 21. SIDEWALK AND TREE REPLACEMENT (C -2449) - Sidewalk & Accept the work; and authorize the City. Tree Replace Clerk to file a Notice of Completion and -2449 release the bonds 35 days after the (38) Notice of Completion has been recorded, provided no claims filed. (Report from Public Works) • Volume 39 - Page 171 • * • P" ' ., COUNCIL MEMBERS co sT A ti ti v ROLL CAL GsJ �Fq ZP May 13, 1985 MINUTES INDEX 22. REQUEST BY THE.NEWPORT OUTRIGGER CLUB - Nwpt Approve a request to store and launch Outrigger outrigger canoes on the public bay beach Club • near the street end at 18th and West (51) Bay, subject to the conditions of approval listed in the staff report. (Report from Marine Department) 23. RESUBDIVISION NO. 724 - Accept the offer Resub 724 of dedication of a 3- foot -wide sidewalk (84) and pedestrian easement along the Palm Street frontage; accept the offer of dedication of a two - foot -wide sidewalk and pedestrian easement along the East Bay Avenue: frontage; accept the offer of dedication of a 10 -foot corner cutoff at the intersection of Palm Street and East Bay Avenue; accept the offer of dedication. of a 7 -foot corner cutoff at the intersection of Washington Street and East Bay Avenue; accept the offer of dedication of a 23- foot -wide easement for sidewalk, public utility and pedestrian purposes along the bay side of the property; and approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 724; and. authorize the Mayor and the City Clerk to execute said agreement. (Report from Public Works) • 24. SOUND AMPLIFICATION PERMIT FOR OUR LADY Sound QUEEN OF ANGELS CHURCH - Approve the Amplfctn request of Our Lady Queen of Angels Permit-Our Church to have a band in conjunction Lady Queen with their annual fund raising event in Angels Churcl the church parking lot. (Report from (65) License Division with attachment from Police and Fire.Departments) _ 25. SOUND AMPLIFICATION PERMIT FOR THE ound BALBOA IMPROVEMENT ASSOCIATION - Approve Amplfctn the request of the Balboa Improvement ermit -Bal Association for summer concerts in mpry Assn Balboa Park. (Report from License (65) Division with attachment from Police Department) 26. SOUND AMPLIFICATION PERMIT FOR THE 5ound NEWPORT HEIGHTS COMMUNITY ASSOCIATION - limplfctn Approve the request of the Newport ermit-Nwpt Heights Community Association for sound igts Cmnty amplification at their neighborhood kssn picnic. (Report from License Division (65) with attachment from Police and Parks and Recreation Departments.) • Volume 39 - Page 172 �1. COUNCIL MEMBERS \CAL ! o ti ti 9 ROLL May 13, 1985 MINUTES IMk o WW 27. BUDGET AMENDMENTS - For approval: BA -084, $7,200 - Increase in Budget • Appropriations to provide for materials for beach warning signs and bay . pollution signs; Marine Department. BA -085, $12,000 - Increase in Budget Appropriations to provide for down payment on Uninterruptible Power Supply System to be purchased for Police Department in 1985 -86; Police - Administrative Department. BA -086, $20,900 - Transfer Budget Appropriations to provide for the replacement of three public pier floats in addition to the three currently funded; Public bay pier float replacement. BA -087, $170,000 - Increase in Budget Appropriations to provide for contribution by the Department of Fish and Game for additional excavation of Upper Newport Bay Sediment Control and Restoration Project; Upper Newport Bay Sediment Control. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: • 1. Proposed resolution approving Standard Specifications for Public Works Res /Std Spec for Construction, 1985 Edition; Work Area Public Works Traffic Control Handbook; 1985 Edition; Cnstr 1985 City of Newport Beach Design Criteria Edition for Public Works Construction, 1985 (74) Edition; and City of Newport Beach Standard Special Provisions and Standard Drawings for Public Works Construction, 1985 Edition, with a report from Public Works Department, was presented. Motion x Motion was made to delete this item from All Ayes the agenda as recommended by staff. 2. Letter from C. M. Johnson regarding Planning television satellite dishes, was .(68) presented. Motion x Motion was made to refer this item to All Ayes the Planning Commission for review and recommendation. In response to Council Member Heather regarding the antennas of three ham operators in her neighborhood which interfere with surrounding telephones • Volume 39 - Page 173 COUNCIL MEMBERS \CAL s o ti ti v ROLL May 13, 1985 MINUTES INDEX and television reception, the Planning Director advised that his staff has had contact with two of the three operators • who have indicated that it is their intent to hold their antennas to the 24' level, which will then meet the maximum height limit allowed under the Zoning Code. He also has had telephone contact with the third operator who is looking at the possibility of maintaining his antenna at the 24' level, but would prefer to keep it at 25'. He also briefly discussed the use of electronic filtering devices which are available to reduce interference from ham radio operations. 3. Report from the Public Works Department Balboa Pier regarding plans and specifications for Restrm Rplcm REPLACEMENT RESTROOM AT BALBOA PIER C -2494 (C- 2494), was presented. (38) Motion x Motion was made to approve the subject All Ayes plans and specifications, and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m, on July 30, 1985, with construction to commence mid - September: 4. Report from Utilities Director, Utilities/ transmitting the Minutes of the Water Water Cmte Committee dated April 2, 1985, was Minutes • presented. (89) Motion x Motion was made to approve the report, All Ayes and direct the staff to send a letter to the Secretary - Manager of the Orange County Water District, advising that the City desires to annex to the District at this time. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Rehearing request of E. LLewellyn Ord 85 -5 Overholt, Jr., in the matter of proposed Zoning Ordinance No. 85 -5 (Planning Commission PCA 616 Amendment No. 616), which was disallowed (94) by the City Council at the meeting of March 25, 1985. Report from Planning Department, was presented. • Volume 39 - Page 174 COUNCIL MEMBERS \AL\\d'\��p ROLL May 13, 1985 MINUTES INDEX Letter from E. LLewellyn Overholt, Jr., dated April 1, 1985 was presented. • Mr. E. Llewellyn Overholt, Jr., addressed the Council and requested a rehearing be scheduled for June 24, 1985. Motion x Motion was made to approve the request, Ayes x x x x subject to a fee of $258.00, and set the Abstain x hearing for June 24, 1985. 2. Request for owners of 209, 211, 213 Permit/ Grand Canal to encroach three feet four Fences inches into public right -of -way to Cnstr replace existing fences. (65) Report from Public Works dated April 8, 1985, was presented. Letter from Balboa Island Improvement Association dated April 21, 1985, recommending approval of request, was presented. Motion x Motion was made to approve the Ayes x x x x application, subject to the conditions Abstain x listed in the staff report. J. CURRENT BUSINESS: • 1. Report from Traffic Engineering regarding Balboa Pier Parking Lot,.was Trfc Eng/ Bal Pier presented. Pkg Lot (85) Council Member Agee, Chairman of the Off- Street Parking Committee, summarized the subject report noting that the Balboa Pier Parking Lot currently operates on a Pay -As- You -Enter basis both winter and summer. The winter rate is $1.00 and the summer rate is $3.00. The lot serves a variety of users with an equal variety of parking desires. Pier and boat fishermen, pleasure boaters, Catalina goers, local residents, local business persons and their customers, as well as numerous tourists frequently fill the lot to capacity on summer days. It was also pointed out by Council Member Agee that another meeting would be held with the Balboa business community to determine a new fee structure. • Volume 39 - Page 175 / . a To COUNCIL MEMBERS \CAL\ ROLL May 13, 1985 MINUTES 10912F3 It was recommended by the Off- Street Trfc Engr( Parking Committee that a Bal Pier Pay -As -You -Leave system be implemented Prkg Lot • on a temporary basis this summer. This would then be followed with a comprehensive parking and circulation study of this area of the peninsula in order to develop a balanced program for the implementation of necessary changes to the parking areas and surrounding street system. The City Manager advised that Council Member Strauss, prior to going out of town, requested that this item be continued until he returns if there were any opposition from the local merchants. Charles Bauman, President, Balboa Improvement Association, addressed the Council and requested that this program not be implemented this summer. He stated that they have not had adequate time to consider the proposal in its entirely or to get input from the businesses. Phil Tozer, representing the Balboa Pavilion, addressed the Council regarding the proposed parking fees and stated that he felt .50C for the first one -half hour with a maximum of $6.00 was too excessive. He commented that • all other beach cities north of Newport Beach charge $3.00 for all -day parking, and that the coastal cities south of the City provide free parking. He also felt that it was too soon to implement the new program this summer. He stated that the Balboa merchants cannot live with the new fetes as proposed and urged this item be given further study. Tom Gray, representing Davey °s Locker, addressed the Council regarding annual parking permits for the Balboa Pier Parking Lot. He stated that in many instances families are issued two and three stickers and therefore use the parking lot as a second garage for only $30.00 a year. He stated that each of his employees are issued a sticker, but they use it only one -half hour before work time, and vacate the lot as soon as the work day is over. He suggested consideration be given to placing a "not to exceed 24- hour" period on the parking lot. • Volume 39 - Page 176 .b COUNCIL MEMBERS \CAL \tpP<� g cROLL �� y�9 May 13, 1985 MINUTES INDEX Motion x Following comments by Council Member Ayes x x x Agee, motion was made to authorize staff x x to negotiate a Consultant Services Agreement with Executive Parking, Inc.; and to prepare a budget amendment, and further, that the parking fees be considered at a later date. Motion x An additional motion was made that said All Ayes, agreement and budget amendment be placed on June 10, 1985 agenda. 2. Request of Corona del Mar Spirit B &R /Bus Lic Committee, regarding proposed 5K /IOK run 5K Run Parrot on Saturday, January 18, 1986. (65)/(27) Report from Parks, Beaches and Recreation Director, License Supervisor and Police Department, was presented. Diane J. Boggs, Race Director, addressed the Council and spoke in support of their request for the 5 and 10K runs. She stated that they will post necessary signs, pay for additional police enforcement, and comply with all City regulations. She also stated that all food will be kept in the beach parking lot. She outlined the route for the race and stated that the Spirit Run benefits the 1,200 children who attend Andersen and Harbor View elementary • schools. The race in its two years of existence has raised a net of $47,000. A petition was submitted to the City Clerk by Ms. Boggs, containing approximately 238 signatures, in support of the event. Discussion ensued wherein Council Members indicated they could support the 5K race, but not both the 5 and 10K runs. Donald Solsby, representing sponsors of the Spirit Run, addressed the Council and stated that this event is a public school program to help themselves and whatever assistance they receive from the City is reimbursed from the proceeds of the Spirit Run. He made reference to the number of businesses who support the Spirit Run, and urged the Council to grant their request for both races. • Volume 39 - Page 177 COUNCIL MEMBERS F May 13, 1985 os \kpkP�� ROLL MINUTES INDEX It was indicated by the Council that they were only supportive of a 5K race, and suggested the Spirit Run Committee • contact The Irvine Company regarding possible use of the Fashion Island area for both races, or as an alternative, the races could be held in the Industrial /Airport area where there are no residents. Motion x Motion was made to approve a 5K Spirit All Ayes Run for Saturday, January 18, 1986, in Old Corona del Mar. 3. Request of Events Inc., to address City Permit/ Council regarding denial of permit for Nwpt GT Newport GT Contours d'Elegance to be Contours held at Newporter Inn on June 30, 1985. d'Elegance (65) Report from License Supervisor, was presented. The City Manager advised that pursuant to the provisions of the Municipal Code, approval or denial of Special Events Permits are made by the City Manager's Office, and as of this date he has not met with staff to consider the application in question. However, the Police Department has recommended denial for the reasons as set forth in the • staff report to which the applicant would like to address the Council. Victor Manuelli, representing Events Inc., appeared before the Council and responded to the six reasons for denial cited in the staff report. He pointed out that their event has been held on the last Sunday in June for the last nine years without any problems and that they have always complied with all City regulations. They have spent a considerable amount of monies in promotion of the event, and to date 20,000 flyers have been printed and distributed. There has been advertising In national publications for the past two months, and entires have been received for the June 30th date. With respect to :Law enforcement, they provide one policeman for foot patrol and one motorcycle patrolman at the entrance to the Newporter Inn. He indicated he did not feel a denial of their permit was justified, and urged the Council to grant their request. Volume 39 - Page 178 COUNCIL MEMBERS � May 13, 1985 3 O tp ROLL � MINUTES INQFX Lt. Tony 'Villa of the Newport Beach Police Department, addressed the Council and stated that he was not familiar with • the reasons for-denial, however, because of another event at Fashion Island the same day, some police manpower will be obligated at that location. In addition, with the July 4th holiday approaching, all Police Department personnel will go on 12 -hour shifts beginning July 3rd, so the week -end prior to that which is June 30th, the majority of personnel will be taking time off. As a result, they could be short of providing manpower for the event at the Newporter Inn. Motion x Following discussion, motion was made to Ayes x x x x grant the request. Noes x 4. Proposed Resolution No. 85 -33 amending Res 85 -33 Resolution 84 -121, changing membership Cory Vlg/ in the Cannery Village /McFadden Square McFad Sq Specific Area Plan Citizens Advisory Spc Area Flo Committee from 12 members to 13. (24) Copy of letter from Council Member Strauss, was presented. Motion x Motion was made to adopt Resolution No. All Ayes 85 -33 and appoint Marilyn Hendrickson as • a member. 5. Letter from William B. Brown, regarding Bldg Permit granting a building permit on property 5309 Seashor at 5309 Seashore Drive. Dr (26) Report from Building Director, was presented. Kurt Donat, Architect representing - applicant, addressed the Council and advised that on April 18, 1985 the subject property was "Red Tagged" for "Construction without Permit" of a "wall with glass enclosure" extending seaward beyond the property line. The construction consists of a brick paved patio slab, and a 16 -inch high concrete block wall base with a glazed aluminum frame wind screen to 36 inches high. He stated that his client was unaware that these improvements required a building permit and was unaware of any beach encroachment as his neighbors to the north and south enjoy a similar encroachment. • Volume 39 - Page 179 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL -oZ 9kOLL Gsr A May 13, 1985 MINUTES INDEX Mr. Donat: noted that a building permit has been obtained to complete the new • brick paving within the boundaries of the property, and that construction has ceased on. the improvements in the encroachment area which was 60% complete at the time the "Red Tag" was issued. Reference was made to the survey currently being undertaken by the Public Works Department of encroachments on beach fronting properties, wherein Mr. Donat requested that the Council not taken any action on his applicant's permit until the results of the survey are completed. He does not feel there is sufficient grounds for denial at this time in view of the fact there are a number of similar encroachments in the immediate area. Motion x Following discussion, motion was made to All Ayes deny the request to allow completion of the patio to City standards. Motion x Reference was made to what had already All Ayes been constructed, and motion was made to reconsider the original motion. Motion x Motion was made to deny the request for All Ayes completion of the patio, and that any existing hazardous construction be removed to the satisfaction of the • Public Works Director. K. ADDITIONAL BUSINESS: Motion x 1. Motion was made to schedule public GPPAA 8s 3P1(t)� All Ayes hearing for June 10, 1985 on the r 0 P y proposed General Plan Amendment for the Oasis property in Corona del Mar. Meeting was adjiourned at 9:50 p.m. Mayor ATTEST: po Et�I,W ity Clerk ; * -;__. �IIIFOAL` ._. Volume 39 - Page 180