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Home My WebLink About06/10/1991 - Regular Meetings ROLL C L Pr t x x Mo All Ayes Motion All Ayes • ;tion "11 Ayes • x REGULAR COUNCIL MEETING PLACE: Council Chambers f TIME: 7:00 P.M. DATE: June 10, 1991 x x x x x x X Mayor Sansone presented a Proclamation to Jim DeBoom, Member of the Newport -Mesa School Board, in recognition of GRADS NIGHT WEEKS, JUNE 1 THROUGH 21, 1991, in Newport Beach. A. ROLL CALL., B. Reading of Minutes of Meeting of May 28, 1991, was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. Fl i'WILAUD!RF 1. Mayor Sansone opened the public hearing and City Council review of an appeal by JOE PORTO regarding USE PERMIT NO. 1995 (AMENDED). A request to amend a previously approved use permit which permitted the use of a relocatable modular building for a temporary retail flower establishment on property located in the P -C District. The proposed amendment involves a request to approve two as -built relocatable buildings on the site for the temporary flower sales establishment; and to allow an existing outdoor work and storage area where the approved development indicated that all such activity would be located within the temporary building. The proposal also includes a request to install an off -site directional sign on Avocado Avenue for the temporary facility. Property Located at 2166 East Coast Highway, on the northeasterly corner of East Coast Highway and Avocado Avenue, in Newport Village. Report from the Planning Department. Appeal application from Joe Porto. The City Clerk advised that after the agenda was printed, a letter was received from the applicant requesting his appeal be canceled, as he is negotiating a new location for his business. Hearing no one wishing to address the Council, the public hearing was closed, and motion was made to sustain the decision of the Planning Commission. 2. Mayor Sansone opened the public hearing and City Council review of an appeal by $AM FOY YEE regarding HODIFICATION No. 3840. A request to permit the construction of a second floor balcony, 7 feet 8± inches in width, to encroach 2 feet into the required 20 foot front yard setback adjacent to the Rivo Alto Channel. Property located at 4110 River Avenue, on the northeasterly corner of River Avenue and 42nd Street, in West Newport. Volume 45 - Page 178 MINUTES J/P 1995(A) (88) Modificati._ 3840 (94) PFUT 111'5711, I MINUTES INDEX 0 Report from the Planning Department. Modificatio 3840 Appeal application from Ram Foy Yee. It was noted that the Planning Commission, at its meeting of May 9, ' 1991, voted (2 ayes, 5 noes) to not approve the applicant's request for the 2 foot encroachment of a second floor balcony into the required 20 foot front yard setback adjacent to the Rivo Alto Channel. It was the determination of a majority of the Commissioners that such a balcony encroachment could set a precedent for other encroachments along similar water front properties. It was also pointed out at the Commission meeting that, unless there have been very unusual circumstances, the Modifications Committee, at the direction of the City Council and the Planning Commission has not approved second floor balcony encroachments in required front yard setbacks on lots adjacent to the ocean or the bay. It was further noted that the City Council should also be aware that the floor of the subject second floor balcony has subsequently been constructed in the required 20 foot front yard setback even though the applicant is cognizant that the approved set of building plans does not reflect this encroachment. • Kam Foy Yee, applicant, addressed the Council and stated that the staff reversed their approval of the subject balcony in January 1991, but he was not notified of said action for 3 months. He felt that if the issue was so critical, why did it take the staff so long to advise him. He stated the balcony does not obstruct any views, air or light to his neighbors; denial by the Planning Commission was not in the ,spirit" of the code; and the decision to deny by the Modifications Committee was arbitrary and inconsistent. He felt that Section 20.10 of the Municipal Code relative to general controls for residential property, i.e., architectural features, was very difficult to interpret and ambiguous. In conclusion, he submitted ten (10) letters in support of his appeal from immediate neighbors in the area. The City Attorney reported that when Mr. Yee applied for the earlier Modification, he sought a number of different approvals; i.e., three separate encroachments into the side • yard adjacent to 42nd Street (planter box, bay window and awning), in which each were allowed to encroach up to 2 feet. In the easterly side yard, a bay window was permitted to encroach 1 foot into the 3 foot setback, and along River Avenue, a 1 foot 4 inch encroachment was allowed,into the side yard. The wn9a.mu A4 _ V.m. 970 0 0 • tion • \ \\ June 10, 1991 x previous approval by the Modifications Committee included all of Mr. Yea's requests, with the exception of the balcony. He cited Municipal Code Section 20.10.025 - Architectural Features, as follows: "Architectural features such as cornices or eaves may extend not exceeding 2 -1/2 feet into any required front or rear yard setback, provided however, that such architectural features shall not project any closer than 2 feet from side property line. Open Porches and Landings - Open uncovered porches or landings may project a distance not exceeding 5 feet into any required front yard setback ". He stated that if the City Council were to consider the subject balcony an architectural feature or some type of landing, then there is no need for the Modification. However, he felt it was the Planning Commission's opinion that the open porches and landing provisions of the Code is limited to things on the ground floor. He also thought it was the Commission's feelings that architectural features are limited to cornices or eaves and the like, rather than balconies or decks. The City Manager, in attempting to clarify a misunderstanding on the part of Mr. Yee, stated that whenever a set of plans is received by the City that require Coastal Commission approval, the staff issuers what is known as an "approval in concept." Mr. Yea's plans were approved in concept, but interpreted by Mr. Yee to be approved as final by the City and that construction could begin, until he was notified in February that Modification approval was needed. He felt this was the reason Mr. Yee made the statement that the staff reversed it's decision with respect to approval of his plans. The following persons addressed the Council in favor of the applicant's request and indicated they felt the project was an asset to the area: James E. Wilkoski, 3419 Via Lido Gene Yee, applicant's son Jennifer Martin, 212 42nd Street Steve High, 213 Topaz Avenue Darlene Wilkoski, 2419 Via Lido Christine White (no address given) Hearing no others wishing to address the Council, the public hearing was closed. Council Member Plummer commented that the subject request for the additional 2 feet is "more than she can handle in view of the fact that the architect has maximized every inch on the lot, and because of the other encroachments the applicant has been granted." She therefore made a motion to sustain the decision of the Planning Commission, based on the Findings for Denial designated as Exhibit "E" in the staff report. Volume 45 - Page 180 MINUTES 3840 ication all • --tion • lop 1 ,I,, ,. 3 MINUTES June 10, 1991 Council Member Watt stated that she will Modi support the motion, however, she does 3840 feel the Zoning Code needs to be amended in order to more clearly define upper and lower floor landings and /or porches, and the distinction between the two. The City Attorney recommended the following three additional Findings for Denial be included in the above action: 5. The 2- foot "lip" proposed to be added to the second floor deck does not constitute an "open porch or landing" as that term is used in Section 20.10.025(c) of the Newport Beach Municipal Code. That the lip proposed to be added to the second floor deck does not constitute an "architectural feature," as that term is used in Section 20.10.025(a) of the Newport Beach Municipal Code. 7. That the 2 -foot lip proposed to be added to the second floor deck is an encroachment not consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, in that the 20 -foot setback along the waterfront is intended to maximize the amount of above -grade open space and the proposed "lip" with the permitted 'bay window would mean that .front yard encroachments would exceed 50% of the buildable width of the lot. Council Member Hedges spoke against the motion. He noted that no public testimony had been given in opposition to the balcony, nor were there any communications against the request. He stated that in his opinion, the balcony is an architectural feature which enhances the building, and inasmuch as the balcony does not block any views and there are no objections from surrounding residents, he supports the request. Therefore, he moved a substitute motion to overrule the decision of the planning Commission and grant the appeal. Council Member Cox commented that this subject was not new or different, and certainly not out of the ordinary in terms of what the City Council has been requested to consider time and time again. He stated that encroachments into public rights -of -ways is a very sensitive issue, and that the overall public is opposed to allowing the same. He felt there is no reason, nor evidence, to justify that this request Volume 45 - Page 181 4, !m -sue? m e: MINUTES INIIEX reJ - rage aoc should be allowed; and therefore, he will not support the substitute motion. .yes x The substitute notion was voted on and oes It x x x x x FAILED. y x x x x It x The motion made by Council Member o x Plummer was voted on and carried. 3. Mayor Sansone opened the public hearing GPA 89 -2(A) regarding GENERAL PLAN AMENDMENT 89- (45) 2(A). A request to consider an amendment to the Land Use Element of the General Plan so as to redesignate properties northwesterly of the adopted alignment for Birch Street/Mesa Drive in Santa Ana Heights, from Single- Family Detached to Administrative, Professional and Financial Commercial and to establish floor area limits consistent with the Business Park uses in the Santa Ana Heights Specific Plan Area; AND PROPOSED ORDINANCE NO. 91 -24, being, Ord 91 -24 AN ORDINANCE OF THE CITY COUNCIL Zoning OF THE CITY OF NEWPORT BEACH (94) AMENDING SANTA ANA HEIGHTS SPECIFIC PLAN DISTRICT LAND USE PLAN SO AS TO RECLASSIFY THE PROPERTIES NORTHWESTERLY OF THE ADOPTED ALIGNMENT FOR BIRCH STREET/MESA DRIVE IN SANTA ANA HEIGHTS, LOTS 61 -64 OF TRACT 706 • FROM THE R -1 (19,800) DISTRICT TO THE BUSINESS PARE DISTRICT. PCA 732 [PLANNING COMMISSION AMENDMENT NO. 732] Report from the Planning Department. The City Manager summarized the staff report and referenced the map on Page 24 depicting the four lots to be redesignated from Single - Family Detached to Administrative, Professional and Financial Commercial. Lillian Weatherford, 2001 Mesa Drive (at Acacia Street:), property owner of one of the four subject lots, addressed the Council and received clarification from staff as to what would be permitted on the parcel under the new designation. Hearing no one else wishing to address the Council, the public hearing was closed. •tion It Motion was made to adopt Resolution Res 91 -58 it Ayes No.91 -58, amending the Land Use Element of the General Plan so as to redesignate properties northwesterly of the adopted • alignment for Birch Street/Mesa Drive in Santa Ana Heights, from Single - Family Detached to Administrative, Professional and Financial Commercial and to establish floor area limits consistent with the Business Park uses in the Santa Ana Heights Specific Plan Area; and adopt ORDINANCE NO. 91 -24. reJ - rage aoc •, NERN - IDUAl June 10, 1991 The City Manager responded that the Specific Area Plan for Cannery Village was prepared and adopted following a two -year review by the staff and property owners in the area as well as public hearings before the Planning Commission and City Council. Volume 45 - Page 183 91 -25 94) PCA 733 4. Mayor Sansone opened the public hearing regarding PROPOSED ORDIMANCE NO. 91 -25, being. AN ORDINANCE OF THE City COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO PERMIT ADDITIONAL USES IN THE MARINERS MILE, CANNERY VILLACE/MCFADDEN SQUARE. AND NEWPORT SHORES SPECIFIC AREA PLANS. [PLANNING COMMISSION AMENDMENT 90. 7331 Report from the Planning Department. The City Manager stated that the subject amendment is being proposed, inasmuch as it has been determined that all of the uses identified in the General Controls - Commercial District are not permitted in any of the Specific Area Plans unless the Specific Area Plan lists the use as being permitted as an automatic use or by use permit. Inasmuch as each of the Specific Area Plans do not include very extensive lists of permitted uses, many uses which would be appropriate for the retail and service commercial or recreational and marine commercial areas are prohibited because they are not listed within the Specific Area Plan. The proposed amendment suggests a more complete list of permitted uses to be added to each of the Specific Area Plans • as enumerated on Page 5 of the staff report. Discussion ensued wherein it was suggested that Nail Salons and Wedding Chapels, subject to a use permit, be added to each of the respective Specific Area Plans. It was also suggested that Fortune Telling establishments be deleted in all three Specific Area Plans. James E. Wil.koski, 3419 Via Lido, owner of property at 416, 415, 420, and 424 32nd Street, addressed the Council and indicated he felt the zoning restric- tions for his properties on 32nd Street are too restrictive and should be broadened. He felt there are many ambiguities in the Zoning Code, and there is a "choke -hold" on what is permitted in Cannery Village. He also questioned whether or not the property owners in the area have ever been given the opportunity to give their input as to the development of Cannery Village. The City Manager responded that the Specific Area Plan for Cannery Village was prepared and adopted following a two -year review by the staff and property owners in the area as well as public hearings before the Planning Commission and City Council. Volume 45 - Page 183 91 -25 94) PCA 733 • Motion All Ayes M A es n.dMb+n - =yes �tion x yes x x oes MINUTES \ \\ June 10, 1991 x x x x x x x x David Beads, Attorney, 1151 Dove Street, addressed the Council and stated that he represents a client who cannot proceed with his laundromat /exercise business until the proposed ordinance is adopted; and therefore, he suggested this public hearing not be continued any longer than June 24, 1991 if the ordinance is amended and reintroduced. Hearing no one else wishing to address the Council, motion was made to continue the public hearing to June 24, 1991, and to reintroduce Ordinance No. 91 -25, as amended in the foregoing, and pass to second reading. Mayor Sansone opened the public hearing ICS(74) W /Sdwlk concerning CONSTRUCTION OF SIDEWALK ON nstr 10th THE EASTERLY SIDE OF 10TH STREET BETWEEN t THE ALLEY AND BALBOA BOULEVARD ADJACENT TO 934 WEST BALBOA BOULEVARD. Report from the Public Works Department. The City Manager referenced the subject property and the estimated cost to the property owner for constructing the improvements as enumerated in the staff report. Hearing no one wishing to address the Council, the public hearing was closed. Notion was made to direct staff to continue with the procedures of "Chapter 27 of the Improvement Act of 1911" to complete the construction of sidewalk on the easterly side of 10th Street between Alley 245 G and Balboa Boulevard, 6. Mayor Sansone opened the public hearing pursuant to the Newport Beach Municipal Code Section 1102 of the charter to consider Y BUDGET FOR THE FISCAL YEAR 1991 -92. The City Manager presented the Preliminary Budget for Fiscal Year 1991- 92, which the City Council has been reviewing since April at their study sessions. He stated that this budget is $13,609,000 less than the current fiscal year budget and contains reductions of 13.48 less than the existing spending plan. He :stated that the reductions were as a result of reduced revenues the City has experienced over the last year. Hearing no one wishing to address the Council, the public hearing was closed. BUDGET CHECK LIST Motion was made to include in the 1991- 92 budget, $25,000 for additional lighting at Newport Pier. Motion was made to include in the 1991- 92 'budget, $60,000 for the Balboa parking :Lot perimeter wall reconstruction. Volume 45 - Page 184 t/ 1991 -92 0 4otion All Ayes 0 Al ewes • 3 "V_ X x June 10, 1991 Notion was made to direct staff to prepare a resolution formally adopting the Fiscal Year 1991 -92 Budget. E. PUBLIC CONHENTS: Bob Lundy, vice- President, Newport Harbor Aquatic Boosters Club, addressed the Council regarding the proposed new pool building to be constructed at Newport Harbor High School, and the need for additional financial assistance. He stated that the estimated cost for the building was $400,000; however, when bid proposals were received, that amount almost doubled. As a result, the building is being redesigned to lower the cost, and additional funds are being solicited from those agencies who use the pool for recreational programs. He stated that the City had pledged $125,000 a few years ago, and he would like to request approval of an additional $25,000. He advised that the school district is also being asked for an additional $25,000. There being no objections, the Council indicated this item would be reviewed by the Budget Committee, as well as the Parks, Beaches and Recreation Commission, IF. CONSENT CALENDAR: The following actions were taken as indicated, except for those :items removed: 11. ORDINANCES FOR Pass to second reading on June 24, 1991 - (a) Proposed ORDINANCE NO. 91 -26, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.13.170(f) OF CHAPTER 5.13 OF THE NEWPORT BEACH NONICIPAL CODE PERTAINING TO TOW TRUCE REGULATIONS. [Report from the City Attorney] Schedule for public hearing on June 24, 1991 - (b) Proposed ORDINANCE NO. 91 -27, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 14EWPORT BEACH AMENDING NDISTRICTING NAP NO. 11 SO AS TO ESTABLISH A NEW FRONT YARD SETBACK ON THE BAY SIDE OF FOUR PARCELS LOCATED OR THE Volume 45 - Page 185 @Q111 Harbor 91 -26 Truck 70) (94) 91 -27 Cal s. Irm! ROLL CALL 0 • is June 10. 1991 NORTHWESTERLY CORNER OF EAST BALBOA BOULEVARD AND "C" STREET. THE PROPOSED FRONT YARD SETBACE IS 74.5 FEET FROM THE FRONT PROPERTY LINE ON EAST BALBOA BOULEVARD, WHICH IS CONSISTENT WITH THE ESISTING AND PROPOSED RESIDENTIAL DEVELOPMENT ON THE FOUR TATS. Property located at 1018 -1024 East Balboa Boulevard, on the northwesterly corner of "C" Street and East Balboa Boulevard on the Balboa Peninsula (Planning Commission Amendment No. 735). [Report from the Planning Department] RESOLUTIONS FOR ADOPTION: (a) Resolution No. 91 -59 advising AM Advisory Committee that the City's Circulation Element Master Plan of Streets and Highways is mutually satisfactory and generally in conformance with adjacent governmental jurisdictions and the County's Master Plan of Arterial Highways - ANNUAL REQUALIFICATION OF CITY IN THE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP). [Report from the Public Works Department] 3. CONTRACTS /A(".BHENENTS: (a) Removed from the Consent Calendar (refer to agenda item G.1 for Council action). (b) Authorize the Mayor and City Clerk to execute AGREEMENT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES from the County of Orange. [Report from the Chief of Police] 4. COMMUNICATIONS - For referral as indicated: 01118 735 W /AHFP nnual Prg es 91 -59 74) Orange Cnty/ Splm Law Sry C -2846 (38) (a) To Police Department for response, PD letter from Marles M. Crow (70) requesting the CITY RESCIND CLOSING WINCHHLLS AT 7:00 P.M., each night due to motorcycle riders who park and sit in the adjacent parking lot. (b) To Police Department for response, request: from McFadden Square Improvement Association expressing thanks for the City's support/ assistance with the upcoming dedication ceremony, and concern for INCREASE IN CRIME in their area. Volume 45 - Page 186 (70) j • 0 MINUTES Jae 10, 1991 INDEX (c) To Utilities Department for reply, Utilities letter of inquiry from Alan L. (89) Blum concerning rumors that the City is planning to build a DESALTING PLANT IH RAJA CALIFORNIA. (d) To City Attorney for preparation City Atty of ordinance, request from (31) ENVIRONMENTAL QUALITY AFFAIRS, CITIZENS ADVISORY COMMITTEE for City ordinance RESTRICTING AND /OR REGULATING LEAF BLOWERS. (e) To Planning Department for reply, Planning letter from Joseph Minney (68) objecting to Use Permit Nos. 3412 and 1889 at 2701 -2729 W. Pacific Coast Highway, OFFSITE PARKING FOR SOUTH SHORE YACHT CLUB. (f) To Police /Public Works Departments PD/PW for response, request from (70/74) Villageway Management for Villa Balboa Community Association concerning PUBLIC BICYCLE PATH FROM SUPERIOR AVENUE TO HOAG HOSPITAL SERVICE ROAD AND DOGS OFF LEASHES. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter from Lars de Jounge, Secretary, Orange County Airport Association, requesting ORANGE COUNTY BOARD OF SUPERVISORS FURTHER INVESTIGATE TUSTIN AIR STATION FOR CIVILIAN USE. (b) Copy of letter from VILLAMAY MANAGEMENT, INC.. concerning bicycle path gate not being padlocked at the Hoag Hospital service road. (c) Copy of letter from James W. Kerrigan opposing MODIFICATION NO. 3849 - 4 TORRY PINES LANE. Note: Additional letter received after agenda was printed from Mr. Kerrigan concerning Public Notice statement - -.. "future court actions may be limited to issues raised at the hearing, or in writing." 6. CIA FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Judy Cornett alleging unoccupied Cornett Police vehicle, whose engine was left running, struck her parked car on April 19, 1991 causing damage to bumper, etc. (b) Del R. Depierro alleging his Depierro motorcycle towed in error on May 12, 1991 from Pacific Coast Highway, seeking reimbursement of $71. Volume 45 - Page 187 � ; � i� is a•.. • • • June 10, 1991 (c) Miguel M. Came alleging City Police Department took his bicycle in June, 1990 at Riverside Drive and Pacific Coast Highway and never returned it, seeking reimbursement of $600. (d- i)Griffith Company seeking indemnity from claims as a result of accident at Pacific Coast Highway and Jamboree Road filed by: Robert and Irini Rickersou - February 4, 1990 Elizabeth Chatlin - February 28, 1990 Adam, Jared and Peter Cannon - March 12, 1990 Leo, Ted, Craig and Richard Jacobsen and Irene Buehner - March 12, 1990 Edward Ethington - May 17, 1990 Tamyron Garlich (passenger) vehicle driven by David K.Wintle - June 8, 1990 (j) Katherine A. Heinzel (City employee) alleging wrongful termination by Police Department on March 7, 1991, before formal Civil Service Board hearing, seeking reimbursement for attorney's fees and damages for violation of rights. (k) Shohreh Alemi Sedighi alleging City's water system overflowed on May 11, 1991 at 2785 Vista Umbrosa, causing damage to carpet, etc. (1) John Stueber seeking reimbursement for $53.95 for shorts allegedly cut by Police Department while he was in custody on May 25, 1991. (m) Cheryl Vlacilek (City employee) alleging wrongful termination by Police Department on March 7, 1991, seeking reimbursement of attorney's fees, etc., paid for her defense regarding termination hearing before Civil Service Board,. (a) Donna. J. wall alleging damage to mast er bathroom as a result of City's main sewer line overflowing on May 10, 1991, into claimant's home at 440 Begonia Avenue. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Lawrence R. Nye, Orange County Municipal Court, Case No. 9102896. Claim was denied by City Council on November 13, 1990. Volume 45 Page 188 MINUTES Griffith Co Heinzel Sedighi Stueber Vlacilek Wall (36) Nye WEN"MMM I CALL • • June 10, 1991 REQUEST TO APPROVE/FILL PERSONNEL. VACANCIES:. (Report from the City Manager) (a) One Executive Secretary, Building Department. (b) One Maintenance Man I, General Services Department. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Memorandum from the CITY MANAGER REQUESTING CONSIDERATION FOR IN- LIEU AUTOMOBILE ALLOWANCE, RATS THAN CITY ISSUED AUTOMOBILE. For Council information and filing: (b) Report to the City Manager regarding ACTIONS TAKER BY THE PLANNING COMMISSION ON NAY 23, 1991. PUBLIC HEARING SCHEDULING - June 24, 1991: (a) Refer to agenda item 7-1(b) (b) Public hearing to consider ADJUSTMENTS OF VARIOUS CITY FEES FOR FISCAL YEAR 1991 -92. [Report from the City Manager] APPLICATION OF SALLY GETZELMAN - Uphold staff's recommendation to approve encroachment permit application to increase the size of the existing curb cut from 13' to 36' on the Marcus Street frontage at 401 40th Street, Newport Beach. [Report from the Public Works Department] MINUTES 1 (66) City Mgr (35) Planning (68) . Budget FY'91 -92 (40) Encrchm (65) SPECIAL EVENTS APPLICATIONS - Uphold Special staff's recommendation to approve the Events following applications, subject to Permits conditions listed in the staff report. [Report from Business License (27) Supervisor] (a) Application No. 91 -103 for United Cerebral Palsy request for use of amplified sound at the Bastille Day 8K foot race at 4500 MacArthur Blvd on 7/14/91 from 8:00 to 10 :30 a.m. (b) Application No. 91 -174 for Billie Rene Powers and Bill Lyons' request for use of amplified sound at their wedding reception at the Newport Shores Clubhouse on 7/20/91 from 7:45 to 11:00 p.m. Volume 45 - Page 189 Apli 91 -103 Apli 91 -174 i i YR\Ti1. INDEX RVLL \.fRl (c) Application No. 91 -177 for Apli 91 -177 Back to Basics Chiropractic Medical's request for temporary street closures for their 5K & 10K Run & Walk Event at Back Bay Dr & Eastbluff on 10/19/91 from 6:00 to 10:00 a.m. (d) Application No. 91 -181 for Apli 91 -181 John B. Rayburn and Cynthia Bowers' request for amplified sound during their wedding at Lookout Point on 7/27/91 from 4:30 to 6:30 p.m. (e) Application No. 91 -188 for Apli 91 -181 Mary N. Wheeler's request for amplified sound at 1453 Galaxy Drive for a dinner- dance tribute on July 13, 1991, from 6:00 to 10:00 p.m. (f) Application No. 91 -190 for Apli. 91-19.1 Tammy deKoekook and S. Rubinstein's use of amplified sound during their wedding at Galaxy View Park on 8/18/91 from 3:00 to 6:00 p.m. (g) Application No. 91 -191 for Apli 91 -19 Mr. & Mrs. Hal L request for the use se of of • amplified sound during a wedding reception at 601 Bayside Drive on 7/13/91 from 6:00 to 11:30 p.m. (h) Application No. 91 -206 for Apli 91 -2C the Newport Dunes request for a public fireworks display at 1131 Back Bay Drive on 7/04/91 from 4:00 to 10:00 P.M. 13. BUDGET AMENDMENTS - For approval: None. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Public Works Department Npt Pier/ recommending awarding Contract No. 2805 Balboa Rpi to John L. Meek Construction Co., Inc. Bench /Hud, for the Total Bid Price of $166,445.00; g lcm and authorize the Mayor and the City P Clerk to execute CONTRACT NO. 2805 FOR C -2805 NEWPORT PIER AND BALBOA PIER REPAIR; (38) NEWPORT PI1m BENCH AND HANDRAIL REPLACEMENT. Council Member Plummer referenced the . additional lighting for Newport Pier, which was approved earlier in the Preliminary Budget, and questioned whether or not it could be added to the subject contract by means of a change order. Volume 45 - Paga 190 r/ rl ROLL CRLL Mo9n All Ayes Motion All Ayes Motion All Ayes •%tion -7_] Ayes E3 ea ix x ,, ,�. , 4 u , .. �T ..,r I; MINUTES June 10, 1991 The Public Works Director replied in the negative, advising that the contractor, John L. Meek Construction Company specialises in the area of structural repairs, carpentry, ate., and does not have the expertise to do electrical lighting. In view of the foregoing, motion was made to award the subject contract. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 91 -22, being, Ord 91 -22 AN ORDINANCE OF THE CITY COUNCIL S katebfc katebrdg/ OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 12.57.020, Rollersktg 12.57.025, AND 12.57.027 OF THE (85) NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SKATEBOARDING AND ROLLER SKATING REGULATIONS. Recycled report from the Assistant City Attorney dated May 28, 1991. Motion was made to adopt Ordinance No. 91 -22. Proposed ORDINANCE NO. 91 -23, being, Ord 91 -23 AN ORDINANCE OF THE CITY COUNCIL S OF THE CITY OF NEWPORT BEACH Spel nd cl Fnd ESTABLISHING A SPECIAL FUND TO (85) RECEIVE REVENUE DISBURSED BY THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AND BEMITTED TO THE CITY FOR THE PURPOSE OF IMPLEMENTING PROGRAMS TO REDUCE AIR POLLUTION FROM MOTOR VEHICLES. Report from the Planning Department. Motion was made to adopt ORDINANCE NO. 91 -23. EOi1Y9Vi"l_fy44 1l 1. BICYCLE TRAILS CITIZENS ADVISORY BT /CAC COMMITTEE VACANCY. Notion was made to confirm (District 1) Council Member John Badges' appointment of Maria Hedges to fill the unexpired term of Jeremy D. Jacobson ending December 31, 1991. 2. Letter from William Oswald Hind permit/ requesting .reconsideration of May 13, Hind 1991 agenda item J -3 appealing denial of (65) his APPLICATION TO CONSTRUCT A DRIVEWAY AT 1404 W. BAY AVENUE, w /copy of Minute page 149/150 of May 13 and staff report from the Public Works Department, The City Manager reviewed the action taken by the City Council on this item on May 13, 1991 as contained in the staff report, and advised that this item Volume 45 - Page 191 • • Motion All Ayes June 10, 1991 was placed back on the agenda again as the applicant felt that some of the measurements given on the architectural drawing submitted to the City Council were inaccurate. These measurements referred to the length and width of the proposed off - street parking space in question. Pursuant to City Code, the requirement for a third parking space is a minimum of 81 a 161. William 0. Hind, applicant, 1404 W. Bay Avenue, addressed the Council regarding his request to use the existing driveway from the previous dwelling for one off - street open parking space. He submitted a drawing of the proposed curb cut (17' in size) and stated that because there are so many curb cuts on the bay side of Bay Avenue, he felt the best solution was to take as much of the parking off street as possible to accommodate his family and guests. The City Manager recommended that the City Council: (a) Approve the request for reconsideration and take appropriate action on the reconsideration, or (b) Deny the reconsideration. The City Attorney advised that those Council Members who .voted against this matter at the May 13, 1991 meeting are not entitled to make a motion to reconsider pursuant to City Policy relative to Roberts Rules of Order. Rearing no one wishing to take action on the subject request, the matter was closed. J. CURRENT BUSINESS: 1. NOMINATIONS TO BOARDS AND COMMISSIONS FROM APPOINTMENTS COMMITTEE (FOR APPOINTMENT ON JUNE 24, 1991). Motion was made to confirm the following nominations: BOARD OF LIBRARY TRUSTEES John Nicoll AND Walter Koch Nancy Jones AND Sally Schroeder CITY ARTS COMMISSION Shelli Stewart AND Roya Fouladi Phyllis Drayton AND Cathy Anderson Marilee Stockman AND Charlene Fisher CIVIL SERVICE BOARD (Board Nominees Robbie Snow AND Paula Godfrey Volume 45 - Page 192 frE� _100 COUNCIL MEMBERS 0 • • � MINUTES June 10, 1991 PAWS, BEACHES AND RECREATION CONIISSIOP Phillip Glasgow AND Cherie Hart Taylor Grant AND Bill Schonlau PLANNING CONNISSION Barry Gross AND David Brower Gary DiSano AND Ed Lavelle Neeting adjourned 9:45 p.m. The agenda for this meeting was posted on June 6, 1991 at 8:40 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 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