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Home My WebLink About09/23/1991 - Regular MeetingCOUNCIL MEMBERS CITY OF NEwPORf BEACH REGULAR \ \� COUNCIL MEETING PLACE: �O PLACE: Council Chambers TIME: 7:00 P.M. DATE: September 23, 1991 Present x x x *t x x Motion All Ayes Motion All Ayes 0 x X x x MINUTES Mayor Sansone presented commemorative coffee mugs to Sister City Okazaki City Council Representatives. A. ROLL CALL. (Council Members Hart, Plummer, and Mayor Pro Tem Turner were excused absences.) B. Reading of Minutes of Meeting of September 91, 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 regarding: GENERAL PLAN AMENDMENT NO. 91 -3(A) - A 91 -3(A). request to consider an amendment to the /LUP Land Use Element of the Newport Beach d 21 Fesub General Plan on three parcels of land, 968 from Retail and Service Commercial to Two- Family Residential; ) I\ !C LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT NO. 21 - A request to consider an amendment to the Local Coastal Program Land Use Plan on three parcels of land, from Retail and Service Commercial to Two - Family Residential. Property located at 3008, 3010, and 3012 West Balboa Boulevard between 30th Street and 31st Street in the Cannery Village/McFadden Square Specific Plan Area; U17P7 RESUBDIVISL:ON NO. 968 - A request to resubdivide an existing parcel into a single parcel of land for a two - family residential condominium development on property located at 3008 West Balboa Boulevard In the SP- 6(R -2) District. Report from the Planning Department. It was noted that on September 5, 1991, the Planning Commission reviewed the applications listed above, and recommended. City Council approval of General Plan Amendment 91 -3(A) and Local Coastal Program Amendment No. 21. The Commission also approved the related application. for Resubdivision No, 968. Hearing no one wishing, to address the Council, the public hearing was closed. Volume 45 - Page 280 COUNCIL MEMBERS Motion All Ayes 0 Motion All Ayes X x CITY OF NEWPORT BEACH September 23, 1991 Motion was made to (a) adopt Resolution No. 91 -93, amending the Land Use Element of the General Plan on three parcels of land, from Retail and Service Commercial to Two - Family Residential: (b) adopt Resolution No. 91 -94, approving Amendment No. 21 to the Local Coastal Program Land Use Plan; and (c) approve Resubdivision No. 968, subject to the findings and conditions as recommended by the Planning Commission. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: Pass to second reading on October 14, 1991 - (a) Removed from the Consent Calendar (refer to agenda item G. 2 for City Council action). (b) Proposed ORDINANCE NO. 91 -38, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO FLOOD DAMAGE PREVENTION. [Report from the Building Director] Schedule for public hearing on October 14, 1991 - (c) Removed from the Consent Calendar (refer to agenda item G. 2 for City Council action) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 91 -95 approving STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1991 EDITION, including; City of Newport Beach Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, 1991 Edition; City of Newport Beach Design Criteria, Standard Special Provisions and Standard Drawings for Harbor Construction, 1991 Edition. [Report from the Public Works Department] (b) Resolution No. 91 -96 authorizing the payment of 25% of the Health Insurance Premium for the City Clerk, City Attorney and City Manager upon retirement after 20 years of service with the City in their positions. Volume 45 - Page 281 MINUTES 1011 �' Res 91 -93 Res 91 -94 91 -38 d Dmg (26) 91 -95 Std cs '91 tion 91 -96 0 a r. • • • 921 �f C I T'Y OF NEWPORT' BEACH MINUTES September 23, 1997E (c) Removed from the Consent Calendar Coast Cmnty to approve amendment to Contract (refer to agenda item G. 1 for 2835, COAST COMMUNITY COLLEGE Eductnl City Council action). DISTRICT CONTRACT EDUCATIONAL Sry Agm CONTRACTS /AGREEMENTS: SERVICES AGREEMENT, for period C -2835 (a) Award Contract No. 2836 to REMODEL Remodel 1992. [Memorandum from General JAIL; waive the following Jail irregularities in the low bid of C -2836 Diversified Pacific Construction To Planning Department for (38) Co, Inc.,: The bidder's bond was (68) from James L. Barisic regarding issued by a company that is not on the proposed MANNING DEVELOPMENT\ the Treasury list or the Insurance MACARTHUR BOULEVARD FROM FORD ROAD Commissioner's list. (An (b) To staff for response, request acceptable bidder's bond has been from the McFadden Square (85) substituted); The bid documents Improvement Association regarding did not list a subcontractor to the public using the new MCFADDEN install detention equipment; award SQUARE PLAZA and surrounding area. to Diversified Pacific Construc- To staff for reply, letter from Traffic tion Co., Inc., Newport Beach, in (85) Committee, regarding proposed the total amount of $251,052.00; contract for ORANGE COUNTY consisting of the Base Bid of ADMINISTRATIVE CONTROL OVER THE $212,524.00; $644.00 for acoustic tile ceilings; $1,967.00 for carpeting; $2,047.00 for vinyl flooring; and $33,870.00 for a new handicapped access ramp; and authorize the Mayor and City Clerk to execute the contract. [Report from the Public Works Department] (b) Approve Cost - Sharing Agreement 0/C Hrbrs with County of Orange/Harbors, Prks & Rec Beaches and Parks; and authorize CA Strm/ the Mayor and City Clerk to Tidal Wv execute the agreement for COAST OF Study CALIFORNIA STORM AND TIDAL WAVE C -2880 STUDY SOUTH COAST REGION /COST. [Report from the Public Works (38) Department] (c) Authorize the Mayor and City Clerk Coast Cmnty to approve amendment to Contract College/ 2835, COAST COMMUNITY COLLEGE Eductnl DISTRICT CONTRACT EDUCATIONAL Sry Agm SERVICES AGREEMENT, for period C -2835 July 1, 1991 through June 30, 1992. [Memorandum from General (38) Services Director] 4. COMMUNICATIONS - For referral as indicated: (a) To Planning Department for Planning inclusion in the records, letter (68) from James L. Barisic regarding the proposed MANNING DEVELOPMENT\ MACARTHUR BOULEVARD FROM FORD ROAD TO SAN JOAQUIN HILLS ROAD. (b) To staff for response, request Traffic from the McFadden Square (85) Improvement Association regarding suggestions to improve safety for the public using the new MCFADDEN SQUARE PLAZA and surrounding area. (c) To staff for reply, letter from Traffic the Bicycle Trails Advisory (85) Committee, regarding proposed contract for ORANGE COUNTY ADMINISTRATIVE CONTROL OVER THE BACK BAY AREA. Volume 45 - Page 282 COUNCIL MEMBERS ROLL X, CITY OF NEWPORT BEACH September 23, 1991, 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copies; of letters to the EMA Orange: County from West Newport • Beach Association; Bicycle Trails Citizens Advisory Committee; and Frank and Dorothy Oliver regarding the LUP FOR SANTA ANA RIVER MOUTH LCP. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Edgar Bundren for damage to his wristwatch alleging incline of driveway caused wheelchair to turn over at driveway to parking lot of Security Bank, 3475 Via Lido on September 9, 1991. (b) Patricia A. Good alleging City truck backed into her vehicle in shopping center on Riverside Drive on August 24, 1991. (c) Enriqueta H. Lagunas alleging personal injuries to shoulder as a result of falling over blackboard base at Friends of Oasis Senior Center on July 16, 1991. (d) Betty E. Morgan alleging personal injuries as a result of fall on • right hip while participating in dance fitness class at Corona del Mar Youth Center on August 19, 1991. (e) The Regents of UCI seeking indemnity from claim filed by Steven Crain Laughlin for personal injuries as a result of participating in water polo match at Corona del Mar High School on September 14, 1990. (f) Carolyn Rosenow seeking reimbursement of garbage container ($8.00) taken by refuse crew in error from 2659 Vista Ornada on August 29, 1991. (g) Dale L. Stinchfield alleging roots from Laurel Trees in parking strip in front of 'house raised cement and caused clogging of sewer drains; also damaged cement patio in rear of house. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Amelia McWhinney/Martin McWhinney • for personal injuries, etc., Orange County Superior Court, Case No. 660083. Claim was denied by City Council on May 13, 1991. Volume 45 - Page 283 MINUTES Sta Ana Mouth tinchfield CITY OF NEWPORT BEACH Q„1T =,!a;Wx; ROLL � September 23, 1991 INDEX 8. REQUEST TO APPROVE/FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Accounting Manager, Finance Department. (b) One Refuse Worker I, Refuse Division, General Services Department. (c) One Permit Technician, Building Department. (d) One Buyer, Purchasing Division, Finance Department. 9. STAFF AND COMMISSION REPORTS For Council information and approval: (a) Repot from the City Manager pt Bch regarding NEWPORT BEACH CONFERENCE onf /vstrs AND VISITOR'S BUREAU ANNUAL C -2638 REPORT. (38) For Council information and filing: (b) Removed from the Consent Calendar (refer to agenda item G. 3 for City Council action). 10. PUBLIC HEARING SCHEDULING - October 14, 1991: Refer to agenda item F- 1(c) -- removed • from the Consent Calendar. 11. SANTA ANA RIVER MAINSTEM FLOOD CONTROL Sta Ana PROTECT ACQUISITION OF CITY -OWNED Rvr /Mnstm PROPERTY (OLD SEWAGE TREATMENT PLANT Fld Cntrl SITE) BY U.S. CORPS OF ENGINEERS - Prj /PW Authorize the City Manager to negotiate terms of sale with the U.S. Corps of (73) Engineers, and to make a counter -offer on behalf of the City; and to execute conveyance documents on behalf of the City if a successful negotiation is concluded. [Report from the Public - Works Department] 12. Removed from the Consent Calendar (refer to agenda item G. 5 for City Council action). 13. Removed from the Consent Calendar (refer to agenda item G. 7 for City Council action). 14. SPECIAL EVENTS APPLICATIONS - Uphold (27) staff's recommendation to approve the following applications, subject to conditions listed in the staff report. (Report from Revenue Manager) (a) Application No. 91 -296 - Removed from the Consent Calendar (refer to agenda • item G. 4 for City Council action). Volume 45 - Page 284 • 0 Motion • x CITY OF NEWPORT BEACH MINUTES September 23, 1991 (b) Application No. 91 -307 - 91 -307 Balboa Peninsula Point Association use of amplified sound for Seventh Annual Chili Cook -off, "L" Street Park on Balboa Peninsula Point, September 28, 1991, 12:00 Noon to 4:00 p.m. (c) Application No. 91 -362 - 91 -362 AIA Organization Country /Kathleen Davis for use of amplified sound, Annual Sandcastle Event, Big Corona State Beach, September 29, 1991, 9:00 a.m. - 3:30 p.m. (d) Application No. 91 -370 - Removed from the Consent Calendar (refer to agenda item G. 6 for City Council action). 15. BUDGET AMENDMENTS - For approval: (25) BA -016, $10,000 - Increase in Budget Appropriations to provide for Engineer's Report for Undergrounding utilities along Channel Road between "M" Street and Ocean Boulevard (Proposed Assessment District No. 64); General Fund. [Report from Public Works Department] BA -017, $10,000 - Increase in Budget Appropriations to provide for Engineer's Report for Undergrounding utilities in Block 133, Corona Del Mar (City block bounded by Fernleaf Avenue, Seaview Avenue, Goldenrod Avenue, and Bayview Drive (Proposed Assessment District No. 67); General Fund. [Report from Public Works Department] G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed resolution establishing a Pilot Program whereby the use or operation of BICYCLES, SKATEBOARDS, ROLLERSKATES AND ROLLERBLADES WOULD TEMPORARILY BE PROHIBITED ON THE OCEAN FRONT WALK DURING WEEKENDS, HOLIDAYS AND THE SUMMER MONTHS. Motion was made to defer action on the proposed resolution until the newly- formed OCEAN FRONT WALK CITY COUNCIL AD HOC COMMITTEE, together with the BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE have had a chance to review the proposal and report back:. Mayor Sansone announced that this item would be coming back to the Council on either October 14 or 28, and if there was anyone in attendance who wished to speak on this matter because they are unable to attend on those dates to please come forward. Volume 45 - Page 285 (85) Frnt 6 1 xk%\\1 � - I N 0 M6 n 0 A Ayes Ix Ix I Ix x CITY OF NE;wpoi T BEACH September 23, 1991 The following persons addressed the Council in opposition to prohibiting bicycles, etc., on the Ocean Front Walk: Tom Callister, 1501 Dolphin Terrace Kati Penny, 118 30th Street Joel Faseta., 2408 W. Ocean Front Robert Bonn, no address given Thomas Hogan, 1903 E. Balboa Blvd. David Underwood, 2517 Vista Baya Circle It was indicated by the above speakers that if bicycles, etc., are prohibited from using the Ocean Front Walk, it will force cyclists to use Balboa Boulevard which is much more dangerous; business merchants in the area will suffer as a result of the ban; appropriate signing is needed for pedestrians as well as cyclists using the walk; and that this issue needs to be studied in greater depth prior to final action. The following persons spoke in favor of prohibiting bicycles, etc., on the Ocean Front Walk: Gary Lovell., 1242 W. Ocean Front Bill Ficker, 522 W. Ocean Front The two above speakers stated they felt the proposal should be approved at this time, to prevent further injuries on the Ocean Front Walk, while the matter is under study by the two committees. Council Member Watt indicated her support of the proposal to ban bicycles, etc., on the Ocean Front Walk, stating this proposal is not a "quick idea" among the Council and is something that has been "kicked around" for a long time. Therefore, she moved a substitute motion to adopt proposed resolution establishing a Pilot Program whereby the use or operation of BICYCLES, SKATEBOARDS, ROLLERSKATES AND ROLLERBIADES WOULD TEMPORARILY BE PROHIBITED ON THE OCEAN FRONT WALK DURING WEEKENDS, HOLIDAYS AND THE SUMMER MONTHS. Council Member Hedges noted that the proposal to ban bicycles, etc., on the Ocean Front: Walk came about as a result of a lawsuit against the City whereby a pedestrian was injured by a cyclist while on the walk, therefore alleging a dangerous condition. Council Member Hedges indicated that the majority of persons who use the Ocean Front Walk take responsibility for their actions. However, because of a lawsuit, the City finds itself being asked to enact legislation detrimental to that overwhelming majority. The substitute motion was voted on and FAILED. The original motion made by Council Member Hedges was voted on and carried. Volume 45 - Page 286 MINUTES MOP* Ocean Frnt Walk /Ban *M^ • Motion All Ayes Motion A *yes Motion All Ayes x x x CITY OF NEWPORT BEACH September 23, 1991 2. Report from the Planning Department regarding: Proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 15 OF THE MUNICIPAL CODE SO AS TO REVISE NOISE LEVEL STANDARDS FOR MECHANICAL EQUIPMENT, and Proposed ORDINANCE, 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 REVISE NOISE LEVEL STANDARDS FOR MECHANICAL EQUIPMENT IN RESIDENTIAL ZONING DISTRICTS (PLANNING COMIIISSION AMENDMENT NO. 736). Motion was made to refer the subject documents back to staff as recommended. 3. Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON SEPTEMBER 5, 1991, and AGENDA FOR PLANNING COMMISSION OF SEPTEMBER 19, 1991. Following concerns raised by Mayor Sansone regarding Resubdivision No. 950 (Amended), located at 405 and 407 Columbus Circle in Corona Highlands, motion was made to receive and file the subject report. 4. Report from Revenue Manager regarding Special Events Application No. 91 -296 - Request by :Laguna Art Museum /Rothchilds, for amplified sound for Oktoberfest, 2407 E. Coast Highway, October 5, 1991, 11:00 a.m. - 4:00 p.m. Staff advised that the applicant had withdrawn their request, and therefore, motion was made to receive and file the request. MINUTES .I133 Title 15 Noise Ord tle 20 ise Ord CA 736 94) 68) 5. Report front the Public Works Department PW recommending denial of appeal by William (74) Paden, Darlene Wilkoski and James Wilkoski objecting to the 32ND STREET ANGLE PARKING PLAN /CITY'S DECISION TO RECONSTRUCT AND NARROW THE DRIVE APPROACH AT 424 32ND STREET. It was noted that the City Council approved the angle parking plan on 32nd Street in conjunction with the Newport Boulevard widening project. Properties along the south side of 32nd Street have access from the alley at the rear of the lots. When the 32nd Street parking plan was approved, the garage at 424 32nd Street appeared to be vacant with several cars abandoned on the unpaved area between the garage and the drive approach to 32nd Street. The drive Volume 45 - Page 287 s/ is COUNCIL MEMBERS 0O" Nf NK�Vln K CITY OF NEWPORT' BEACH September 23, 1991 approach extends the full 25 foot width of the lot and the plan was to close the drive approach in order to provide continuous angle parking along 32nd Street. However, during construction, • the appellant, called to object to the closure of the driveway and stated that he was using the garage for storage and needed the drive approach on 32nd Street for access. Additional discussion with Mr. Wilkoski and Mr. William Paden, owner of the property followed, and on June 21, 1991, a letter was sent to Mr. Paden describing a new plan to reconstruct a 16 foot wide drive approach at 424 32nd Street. The narrower drive approach maintains access to the garage and eliminates two parking spaces, while the existing 25 foot wide drive approach would eliminate at least three parking spaces. It was recommended by staff that the City Council deny this appeal and direct the staff to proceed with reconstruction of the narrower drive approach. All of the property on the south side of 32nd Street in this block takes access from the alley at the rear of their lots. This is the only drive approach in the block and any redevelopment of the property will have the requirement that all vehicular access must be taken from the alley. The narrower drive approach will maintain access to the garage at this time and eliminates 2 angled parking spaces. The City Attorney referenced a Supplemental Memorandum he had prepared on this issue which he gave to Mr. Wilkowski just prior to this meeting. He stated that if Mr. Wilkowski feels the memorandum contains information where he will need additional time for review and consideration, then it would be appropriate to continue this matter. James E. Wilkoski, Attorney, 3419 Via Lido, addressed the Council representing property owners at 416, 418, 420, 422 and 424 32nd Street, and stated their appeal is based upon the following: 1. There is no legal nor lawful authority for the Public Works Department to make such a decision to bind private citizens or private property. 112. The decision of the Public Works Department is a legal nullity and of no legal force, effective or significance. 113. The decision to reconstruct a private driveway is a taking of • private property under 'color of law' without providing 'due process of law' required by the U.S. Constitution. Volume 45 - Page 288 MINUTES 0 ROLL Motion All Ayes Motion All Ayes • Motion All Ayes Oon All Ayes �: i.. �ia=iar.;. x x x x x CITY OF NEWPORT BEACH MINUTES September 23, 1991 "4 The decision is •void' for want of Harbor Prmt jurisdiction of the Public Works 133 -61 Department to make such a (51) decision. "5. Neither the facts nor the law justify nor authorize the decision." Mr. Wilkowski indicated he would be amicable to working out a solution with the Public Works Department if this item is continued. In view of the foregoing, motion was made to defer action on this issue to October 14, 1991. 6. Report from Revenue Manager regarding Special SPECIAL EVENTS APPLICATION NO. 91 -370, Events/ request of Jeff Mayhew, Mike Lawrence Permits for use of amplified sound, Beach Party, (27) 900 W. Ocean Front, September 26, 1991, 6:30 p.m. - 11:00 p.m. Mayor Sansone stated he removed this item from the Consent Calendar at the request of Council Member Plummer, and moved to approve the subject application, with the change in time from 6:30 p.m. to 10:00 p.m., rather than concluding at 11:00 P.M. 7. Report from the Marine Department Harbor Prmt regarding HARBOR PERMIT APPLICATION NO. 133 -61 133 -61, request by William Simon to (51) revise the residential float bayward of 61 Linda Isle. Sandy Wilford, 62 Linda Isle, addressed the Council and stated he wished to make some comments regarding Harbor Permit Application No. 133 -61 for property at 61 Linda Isle. Mr. Wilford was informed that the City Council had already approved the subject request earlier in the agenda, and that the applicant and Tidelands Administrator had left the Council meeting. In view of Mr. Wilford's request, motion was made to reconsider Harbor Permit Application No. 133 -61 on October 14, 1991. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 91 -37, being, Ord 91 -37 Cnclmnc AN ORDINANCE OF THE CITY COUNCIL Boundaries OF THE CITY OF NEWPORT BEACH (24) CHANGING AND REDEFINING THE BOUNDARIES OF THE COUNCILMANIC DISTRICTS WITHIN THE CITY. Recycled report dated September 9, 1991. Notion was made to adopt Ordinance No. 91 -37. Volume 45 - Page 289 CITY OF NEWORT BEACH � �ia�i 1,41 IV \V�� \\ September 23, 199:1 MINIITF_5 INDEX MULL LnLL I. CONTINUED BUSINESS: 1. Recycled report from the Public Works Permit/ Department dated September 9, 1991 Burchett regarding APPEAL OF DOREEN AND JAY Encroachm BURCHETT from denial of a permit at 410 (65) ACACIA AVENUE to retain an exiting drive apron on Acacia Avenue with the redevelopment of the subject property. It was noted that the Burchett's, owners of property, at 410 Acacia Avenue, are requesting they be permitted to leave the existing 171wide drive apron in the Acacia Avenue frontage with the redevelopment of the subject property in order to provide seven (7) on -site parking spaces for a two unit condominium project. The property owners feel that seven (7) on -site parking spaces, which are three (3) more spaces than required, more than compensates for the loss of on- street parking. This application was denied based on Council Policy L -2 Driveway Approaches, which prohibits curb cuts when an alley abuts a residential property. The removal of the existing drive approach on Acacia Avenue will provide one additional parking space for the general public. The Public Works Director referenced a drawing on display depicting the parking on Acacia Street. He stated the dimensions of the parking on the Acacia Street frontage are such that there is • a difference of opinion between the applicant's; architect and the staff as to the effect on the number of parking spaces on Acacia Street. The staff believes that the retention of the existing drive approach on Acacia Street would result in a loss of one curb parking space, and the applicant believes that based on the 22 foot standard for marked metered parking spaces, there would not be a loss of a curb parking space. Secondly, the setbacks along the streets in Corona del Mar are ordinarily used for landscaping and not for parking. In addition, in Corona del Mar, on Balboa Island, in West and Central Newport, and much of the Peninsula where the lots are narrow, the policy has, in most instances, required the taking of residential access from alleys to preserve curb side street parking. Todd Schooler, Architect for the applicant, 500 N. Newport Boulevard, addressed the Council and presented pictures of corner properties of four new condo projects in the area which Show curb cuts into streets that have traffic with relatively much higher volume, and photographs of other newer • mid -block properties with curb cuts and alley access. The Burchetts have 4 automobiles and do not want to park any of them on the street, and that is why they are proposing to provide seven parking spaces (three parking spaces over what is required). Volume 45 - Page 290 [.id]� • • Motion • CITY OF NEWPOW BEACH September 23, 19911 Jay Burchett, Applicant, addressed the Council in support of the request to retain the existing drive apron at 410 Acacia Avenue. He submitted a copy of a letter dated May 9, 1991, to the Planning Department, which states in part, "Before we start spending any funds, we wish to have a commitment from the City that the existing drive may be used in the improvement design. Your final decision is important enough that we will abandon the property improvement plans if we cannot receive your approval. We would appreciate a statement in writing that the use of the existing driveway meets with City approval." He stated his letter was signed by a representative of the Planning Department who stated at the bottom of the letter that "this information. is correct as described above." He added that at no time did anyone in the Planning Department suggest that other City departments had a higher jurisdiction over the existing driveway. They have already spent over $5,000 and many personal hours for preliminary loans, designs, surveys and filing fees on the assurances of the Planning Department. Doreen Burchett addressed the Council and stated that they will not continue with the condominium project if the existing driveway access is not allowed to remain. The existing structure was built in 1941, and they have lived at this location since 1968. They currently have six or seven on -site parking spaces. Referencing the letter dated May 9, 1991, the Planning Director responded that he was unaware of the corres- pondence and he did not know where the staff member received the information to pass on to the applicants. He stated that the City's encroachment policy quite accurately states that where vehicular access to a property is available from the alley, the alley access shall be used, unless there is an encroachment permit approved by the City Council. Council Member Cox stated he felt it would be detrimental to the area to park four vehicles in the front yard, and that it could set a precedent. Council Member Watt indicated she concurred with Council Member Cox's remarks. Following consideration, motion was made to uphold staff's recommendation and deny the subject appeal. Volume 45 - Page 291 MINUTES Permit/ Burchett Encroachm . ill V1 51 R 0 1 ,I-ILr W i. Almt Aye s i Motion All Ayes 0 i CITY OF NEWPORT BEACH MINUTES September 23, 199:1 INM :rmit / xchett icroachm :ean Frnt ilk Ad Hoc me 24) as 91 -97 The Burchetts addressed the Council Pi again, reiterating they acted in "good Be faith" based on the written approval of Ei the City to proceed, and stated that "somebody is going to have to pay for the $5,000 they have already put into their project." The motion -was voted on and carried. At the request of Council Member Hedges, and there being no objections from the Council, the Planning and Public Works Departments were directed to prepare a report clarifying the procedures required for development, remodels, or redevelopment of any property. He indicated that he requested this report inasmuch as he has seen reoccurring circumstances similar in nature to what was just heard, and that possibly the existing process can be improved upon to prevent further misunderstandings. J. CURRENT BUSINESS: 1. Report from the City Manager 0 establishing the OCEAN FRONT WALK CITY W COUNCIL AD HOC COMMITTEE. C x Motion was 'made to adopt Resolution No. 91 -97, establishing the subject committee, and confirm the appointment R of Council Members Plummer and Hedges, with representatives from the City Attorney, Public Works, City Manager, Planning and Police Departments. Meeting Adjourned at 8:25 p.m. Yr 9i t vtr Yi & Yt Yt rt 7t Yt Ye The agenda for this meeting was posted on September 19, 1991, at 8:15 a.m., on the City Mall Bulletin Board located outside of the City of Newport Beach Administration Building. e r ayor ATTEST: @ ��W PO�A City Clerk Cq <� FO RNA Volume 45 - Page 292 INM :rmit / xchett icroachm :ean Frnt ilk Ad Hoc me 24) as 91 -97