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HomeMy WebLinkAbout04/25/1988 - Regular MeetingCOUNCIL MEMBERS Present Ix Ix Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH X x x x x X x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: April 25, 1988 Mayor Cox presented the following: Proclamation to Candace Colombo, Clinical Nurse Specialist in the Pediatric Intensive Care Unit at U.C. Irvine Medical Center to proclaim Week of May 16 - 22, 1988 as "Safe Kids Week;" Proclamation to Al Graham, Attorney and Member of the Orange County Bar Association and Board of Directors to proclaim May 1st as "Law Day USA:" and Permaplaqued Certificate of Appreciation to former Board of Library Trustees Member, Ed Conn. I A. ROLL CALL. B. Reading of Minutes of Meeting of April 11, 1988, 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 Cox opened the continued public hearing and City Council review of appeal by DR. JAN VANDERSLOOT, Newport Beach, from the approval of the Planning Commission on March 10, 1988, of RESUBDIVISION NO. 862, a request of HAL WOODS, Costa Mesa, to resubdivide two existing parcels of land into four parcels for single - family residential development, and the acceptance of an Environmental Document. Property located at 2919 Cliff Drive in Newport Heights; zoned R -1 and R -3. Supplemental report from the Planning Department, was presented. Appeal Application from Dr. Jan D. Vandersloot, and a 71 -page packet of information relating to the project; and letters received in favor of and in opposition to the proposal. Report from Parks, Beaches and Recreation Director to the City Manager regarding Resubdivision No. 862, was presented. Volume 42 - Page 139 (84) 862 COUNCIL MEMBERS s c+ d+ �,y `G��a LL CALL 5P • • CITY OF NEWPORT BEACH MINUTES April 25, 1988 Letter from Tim Newman in support of project at 2919 Cliff Drive, was presented. The City Clerk advised that after the agenda was printed, 11 letters in favor of the project were received; one in opposition; letter from architect Brion Jeannette; revised conceptual grading plan from architect Hal Woods; and list of 36 property owners in favor of the project. The City Manager pointed out that it is the staff's opinion the subject development is consistent with the General Plan; however, the opponents have a different opinion. Bob Lenard, Current Planning Manager, summarized the reasons the staff felt this project is consistent with the General Plan, as enumerated in the staff report dated April 1, page 2. Jerry A. King & Associates, 550 -C Newport Center Drive, representing the applicant, addressed the Council and explained the proposed project, advising that the applicant is requesting to construct four separate homes on the subject parcel. He stated that they have tried to respond to the community's input and have addressed some 19 issues, which range from view, grading, retaining walls, density, height of structures, curb cuts, number of trees to be saved, etc. He stated that the elevations presented at this time are being provided at the request of the homeowners; that there is 70% open space on the site; and that the homes will be setback 45' from the street. Hal Woods, Architect for the project, addressed the Council and stated that the proposed lot sizes are between 7,000 and 10,000 sq. ft., which are approximately 50% larger than the lots across the street from the site. He gave a slide presentation depicting the area, noting the subject parcel is located between two parks. He said they are aware of the sensitive issues relative to density, grading, views, and public benefit, and have attempted to address all concerns. He also noted Volume 42 - Page 140 862 COUNCIL MEMBERS G,py CG 4P� Ofi 9 � A • • r� CITY OF NEWPORT BEACH MINUTES April 25, 1988 that there are 36 various types of trees on the site, many of which will remain, or be replanted and donated to the adjacent parks or Hoag Hospital Cancer Center. In response to question raised by Council Member Turner regarding possible groundwater, Mr. Woods advised that a geology report was completed on the parcel where the deepest boring was 65 feet and no groundwater was encountered. Gail Demmer, 2812 Cliff Drive, President, Newport Heights Community Association, addressed the Council in opposition to the project. She stated that the association has met with the developer and architect, and appointed a subcommittee to review all technical matters, and it is recommended that the developer be allowed to construct three homes, rather then four homes on the site for the reasons as stated in their letter to the City Council. She further stated it is their opinion that the proposal is too dense for the size of land and will impair views, and the vehicular access of four dwellings on the site, which is located on a dangerous curve, will impair public safety. They are also very concerned about vertical retaining walls and structural interior walls which will cause severe visual impact upon the parks, especially the newly renovated Cliff Drive Park. She urged the Council to give careful consideration to all their concerns before making a final decision. Ron Medima, 447 E. 17th Street, Costa Mesa, Civil Engineer, addressed the Council and stated he was hired by Newport Heights Community Association to supplement some geological reports that were done on the site at the southeasterly side of the parcel adjacent to Riverside Drive to determine if the slope exceeded 26.6 degrees. After completing some elevations, he stated he compiled a map showing his findings, which is submitted for Council review. He stated that he found where two areas exceeded the 26.6 degrees, i.e., one area at 27.5 degrees and the other area, 28.6 degrees, and therefore, exceed the 2 to 1 slope. Volume 42 — Page 141 E:rya COUNCIL MEMBERS S\ • • • CITY OF NEWPORT BEACH MINUTES April 25, 1988 The Planning Director stated that pursuant to staff information, the area of slope that exceeds the 2 to 1 ratio, is 2,178 sq. ft., which comprises 6.7% of the total site. The density of the proposed project, subtracting the 2,178 sq. ft. mentioned above, produces a density of 5'k dwelling units per buildable acre, which is well within the density limitations allowed for the subject parcel in accordance with the City's General Plan. Brion Jeannette, 400 Santa Ana Avenue, Newport Heights, architect and resident of Newport Heights, addressed the Council in opposition to the project. He stated that as a result of the survey completed by the civil engineer, it is their opinion that a coastal bluff exists, and therefore, certain aspects of the Local Coastal Plan apply. He gave a slide presentation showing the subject parcel and adjacent areas, and stated it was his intention to discuss how any structure on the site will potentially effect the views of the site from the park. He also discussed project comparisons between the Tuttle & Newberry project and the proposed Cliff Drive project, as set forth in his letter of April 19, 1988. He displayed a map delineating the proposed retaining walls along Cliff Drive Park, stating there are sections reaching 6 feet in height which will ultimately have 3 -foot handrails making the total, 9 feet in height. He also submitted photographs taken by the civil engineer using a 25 -foot high pole to measure the height of the slope from the sidewalk. He stated it is their opinion the slope exceeds the height limit of 26 degrees and indicated it, therefore, constitutes a coastal bluff and should be treated as such. He stated that the Recreation and Open Space element of the General Plan designates Cliff Drive as an existing and committed view park. He also cited, in part, Section 4 - Scenic Areas, as contained in the Recreation and Open Space Element. Terry Watt, Urban Planner with Shute, Mihaly & Weinberger, Attorneys, 396 Hayes Street, San Francisco, representing appellant Dr. Jan Vandersloot, a Touch of Green Committee and SPON, addressed the Council in opposition to the project. She Volume 42 - Page 142 E:Z1-L COUNCIL MEMBERS • CITY OF NEWPORT BEACH MINUTES April 25, 1988 referenced a letter to the Council dated April 5, 1988, outlining the reasons her clients are opposed to the resubdivision. She stated that further elaboration of the issues raised in their letter are warranted as a result of the City staff's recommendation for approval of this resubdivision. She summarized their concerns, noting that: 1) The resubdivision is inconsistent with the General Plan and the Local Coastal Program and Land Use Plan; 2), Even if the "in- fill" policy is considered to be part of the City's General Plan, the resubdivision cannot be approved because the City's General Plan would be rendered internally inconsistent contrary to State law; 3) The initial study and negative declaration are inadequate; and 4) The City must deny the resubdivision pursuant to Government Code Section 66474 and Section 19.12.020(D) of the Municipal Code. Ms. Watt submitted a copy of her testimony, as well as a petition containing 316 signatures in opposition to the project. In conclusion, she stated it is their opinion that if the developer wants to pursue the subject proposal, he should request a general plan amendment and not a request for a resubdivision. Discussion ensued as to whether or not this project is consistent or inconsistent with the City's General Plan (GP), wherein the City Attorney advised that in 1973 the Land Use Element (LUE) was adopted and at that time there were two residential density classifications (0 -10 = low density, and 10 and above = medium density). That LUE was then amended in 1975, initiated by Council Member Ryckoff, and designed to change the two tier classification to a three tier classification (0 -4 = low density, 4 -10 = medium density, and 10 -15 = multiple- family density). It is clear after researching those documents with Council Member Ryckoff's testimony and the Planning Department's staff reports, that the amendment was not designed or intended to change the densities permitted on any of the residential sites within the City. What the Planning staff did at that time was explain to the Council the permitted densities under the existing GP /LUE for various sites throughout the City, one of which was Newport Heights. The permitted densities in Newport Heights Volume 42 - Page 143 Resub 862 COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES April 25, 1988 at that time, according to staff's interpretation of the LUE was between 5.5 to 6 dwelling units per gross acre. In those documents it is a clear thread that there is no intent to reduce the allowable density of development in Newport Heights, Lido Isle, and Balboa Peninsula through that GPA process. In essence, the City Attorney stated that those densities carried through to the current date since there have not been any amendments to the LUE in the areas mentioned. In addition, the fact that there was no intended density reduction, combined with the fact that there was now a switch from gross acreage to buildable acreage, actually increased to a considerable extent the number of units per buildable area one would be entitled to build. He agrees that the subject parcel has to be consistent with the GP, and also agrees that the zoning designation of the lower parcel is immaterial. What the Planning staff has done through their documentation, is prove that the densities for this particular project are consistent with both the LUE of the GP, and the LUP of the Local Coastal Plan. Richard Demmer, 2812 Cliff Drive, addressed the Council in opposition to the project as presented, and urged the appeal be upheld. He indicated that the so- called "in- fill" policy is very confusing as to its interpretation, and it is also their feeling the parcel may be a coastal bluff as a result of the survey by the civil engineer hired by their association. They also feel the resubdivision should be denied as there should have been an environmental document prepared rather than the negative declaration. The Planning Director, in response to the term "in- fill" policy, advised that the City does not have an "in- fill" policy. With regard to the indications by some speakers that the subject parcel could be a coastal bluff, he stated it is the staff's position that this parcel does not constitute a coastal bluff; however, if the City Council would like the staff to reanalyze the issue, he will be happy to comply. Volume 42 - Page 144 862 COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES April 25, 1988 Marian Rayl, 426 San Bernardino Avenue, addressed the Council in opposition to the proposal. She referenced a map showing three different parcels whose applications have expired after applying some time ago for a resubdivision. She stated that if the resubdivision under consideration is approved, then there is no reason to say why the other three resubdivisions could not be approved in the future, which would mean there could be anywhere from 12 to 16 houses in one short block. Jean Watt, 4 Harbor Island, addressed the Council in opposition to the project. She read a memorandum from former Council Member Paul Ryckoff in response to page 3 of the staff report regarding buildable acreage in 1975, wherein he states: "My purpose in pushing the buildable acreage concept was to reduce development on parcels to the established number of units per parcel to that limited by the buildable acreage determination." She stated that the issue here is whether or not that 1975 change led the scenario to then determine the subject parcel to be medium - density, or whether it left it in low- density, which is what she believes, and therefore, it would be low- density with 4 dwelling units per buildable acre. She cited further from the memo, stating: "If there is a 10 -acre parcel with 9 buildable acres in a 4 -unit per acre zone, 36 units would be allowable instead of 40 units under the gross acreage limit. My comment on no change meant, 4 per acre, etc., still applied, but to buildable, not to gross acreage, and any other interpretation is incorrect." Council Member Turner pointed out that the aforementioned statement is in direct conflict to what is contained in the staff documentation, to which he cited, in an attempt to clarify the issue. Walter J. Heim, 504 Westminster Avenue, architect and resident of Newport Heights, addressed the Council in favor of the project. He stated that due to his support of the proposed resubdivision, the Newport Heights Community Association Board has asked for his resignation as second vice - president of the association. He Volume 42 - Page 145 Resub 862 COUNCIL MEMBERS • • 0 CITY OF NEWPORT BEACH MINUTES April 25, 1988 stated that he has studied this project in-depth from a professional perspective, and also served on the association's site - review committee. He commented that the trees on the parcel are magnificent, but belong to the current owner, and should have no bearing on this proposal to revert to current zoning which allows at least 6 apartment units on the lower lot and a potential large mass, single - family residence on the upper lot, leaving no view corridor potential whatsoever. He felt the project and the families will be an asset to their community and should be approved. Gordon Tilbury, 239 Oceanview Avenue, addressed the Council in favor of the project. He stated that if the subject parcel were converted to a park, it could create further nuisances in the area. He stated that the two existing parks are as large as they should be, and if more open space was created, it would only bring more people, more litter, increased traffic, and more disturbances to the residents. Sid Soffer, 900 Arbor Street, addressed the Council in favor of allowing the developer to build within his property rights. Norma Glover, 450 Santa Ana Avenue, addressed the Council in opposition to the proposal. She stated she felt their area needed more open space and suggested the City consider purchasing the lower lot in order to "correct" the two existing parks. Chris Calvin, 1630 Bedford Lane, architect, addressed the Council in favor of the project. He stated that he has worked in the City for over 10 years, and it has been his experience that the only projects that create controversy are those on the bluffs. He stated that he felt the proposal was very worthwhile; the developer has been sensitive to the desires of the neighboring residents; and that the project should be approved. Dana Baljeu, 2953 Cliff Drive, addressed the Council in favor of the project. She stated that the development gives almost everyone what they want and she felt it should be supported. She stated Volume 42 - Page 146 Resub 862 • • • CITY OF NEWPORT BEACH COUNCIL MEMBERS G,p CG yYA nom `� �9,L 3'yG'► 'k `0 G April 25, 1988 MINUTES that Newport Heights residents are very sensitive due to recent issues regarding Mariners Mile, and that the residents should have "fought" against those issues, rather than the subject proposal. She also felt this hearing should not be continued to another date. Hiroko Ogata, 445 Redlands Avenue, addressed the Council in support of the project. She referenced a flyer issued by the Newport Harbor Community Association she had received on her doorstep, "Help protect our parks, it depends on you," which was somewhat alarming to her. The entitled flyer also cited the time and place of this Council meeting, and urged all residents to attend. She stated that the project was envisioned with 4 homes and that it should be considered on its own merit. Bonnie Jeannette, 400 Santa Ana Avenue, addressed the Council in opposition to the project. She stated that everyone in attendance is here for their own personal gain, whether for or against the project. She stated that Newport Heights residents take their parks very personally, which is one of the reasons they asked the Council to consider purchasing the subject property to connect the two parks. Inasmuch as that was not done, the residents are requesting that the Council protect the two parks by creating an interface with this development that is pleasing and maintains the integrity of what they have created as a beautiful City park. Marco Baljeu, 2953 Cliff Drive, addressed the Council in favor of the project. He indicated he felt the City has a difficult time as it is to maintain the existing two parks, and that the situation would only worsen if another park was allowed. He stated he felt the applicant should be allowed to proceed. Jerry King, representing the applicant, addressed the Council again, in rebuttal, stating that this particular project has had more attention given to it at the Planning Commission level and City Council than any he has had the privilege of working on. Since November 1987, the applicant, Hal Woods, has been working with the City to get approval of the project, so that he and his family Volume 42 - Page 147 Resub 862 COUNCIL MEMBERS JIG 0 00 �yF A t 9G l Won Ayes Noes CITY OF NEWPORT BEACH x I x I x ( x I x Ix I x MINUTES April 25, 1988 of friends can look forward to being part of the community, as they had been looking for years for a suitable site on which to build. He further stated that the applicant has had a geological survey done to rule out the possibility of groundwater; examined the slope stability and views; and surveyed the existing trees, backdrop and foliage, so that the community will also benefit by the proposed design. Mr. King stated that the resubdivision has gone before the Planning Commission and Parks, Beaches and Recreation Commission, and was conditionally approved after hearing testimony, and will be coming back again after a site plan review, and specific grading plan review by both of the City Commissions, as well as the City Council. He added that the applicant will provide sidewalks and retaining wall on Riverside as required by the Public Works Department, and has offered to have a cut made on the sidewalk down to the Riverside post office, so that residents in the area will not have to go out into the "dangerous and narrow" street to access the post office, restaurants and shops; and will construct a sidewalk that would provide linkage to both parks. He stated that in regards to the slope, the existing City's topographical map was used for all of the design, engineering and work done on the project. He further stated that the project is consistent with regard to the zoning plan, that the applicant is willing to work with the City and the community, and asked that the Council support the project. Hal Woods, applicant, addressed the Council again, in summation, stating he felt that after all the public testimony at the Planning Commission, and Parks, Beaches and Recreation Commission, the public hearing process could close at this time, irrespective of any questions that need to be resolved, and a ruling from the Council within two weeks. Discussion ensued, wherein, Mr. Woods was advised that the Council may need to have additional testimony that would require continuing the public hearing. Motion was made to continue the public hearing to May 9, 1988. Volume 42 - Page 148 Resub 862 COUNCIL MEMBERS • • Motion All Ayes X CITY OF NEWPORT BEACH MINUTES April 25, 1988 2. 3 Mayor Cox opened the public hearing and City Council review of: LOCAL COASTAL PROGRAM AMENDMENT NO. 12 - A request of JAMES C. MANNING, Newport Beach, to amend the Local Coastal Program, Land Use Plan, so as to redesignate the subject property from "Recreational and Environmental Open Space" to "I.ow- Density Residential;" s_Z!9 RESUBDIVISION NO. 861 - A request of JAMES C. MANNING, Newport Beach, to resubdivide property located at 3841 Ocean Birch Drive, zoned R -1 -B, so as to establish a parcel of land for single - family residential purposes. The Proposal also includes a request to approve a proposed grading plan of the . site so as to establish grade for the purpose of measuring height; and the acceptance of an Environmental Document. Report from the Planning Department, was presented. The City Clerk advised that a letter was received from James Manning, the applicant, indicating his willingness to continue the hearing to May 9, due to the heavy agenda this evening. Motion was made to continue the public hearing to May 9, 1988. Public hearing regarding proposed ORDINANCE NO. 88 -10, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING THE PROVISIONS OF SECTION 20.02.064 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO THE INSTALLATION OF BOAT CRANES ON PROPERTY WITH MARINE - ORIENTED USES IN EXCESS OF PERMITTED HEIGHT LIMITS WITHOUT THE REQUIREMENT OF SECURING A USE PERMIT OR A VARIANCE; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT [PLANNING COMMISSION AMENDMENT NO. 6601, was presented for second reading with report from the Planning Department. The City Manager, at the request of the City Council, summarized the proposed addition to the City's Municipal Code Section 20.02.064, Volume 42 - Page 149 LCPA1112/ Manning (68) Resub 861 (84) Ord 88 -10 Zoning/ Instln Boat Cranes COUNCIL MEMBERS ti n A k *0' "' Motion All Ayes • CITY OF NEWPORT BEACH MINUTES April 25, 1988 stating that currently the City Code permits marine related facilities within the Cannery Village McFadden and Mariners Mile Specific Area Plan and imposes a 26 -foot height limit on the improvements. Since the adoption of these regulations, he stated that cranes exceed the 26 -foot height which would require a variance or use permit. He added that it was the unanimous decision of those members of the Planning Commission in attendance at the March 24, 1988 meeting to recommend cranes be placed in the category of Planning Commission review so that it would still require discretionary review by them, and approved up to a height of 70 feet, which would be much simpler, and less expensive for boat cranes inherent in boat operations. After it was determined that no one in the audience wished to address the proposed ordinance, the public hearing was closed. Motion was made to adopt Ordinance No. 88 -10, adding provisions of Section 20.02.064 to the Newport Beach Municipal Code. Mayor Cox opened the public hearing CDBG /HUD regarding the PROPOSED "STATEMENT OF (87) COMMUNITY DEVELOPMENT OBJECTIVES AND PROPOSED USE OF FUNDS" FOR THE 1988/89 FISCAL YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Report from the Planning Department, was presented. The City Manager, in summary, stated that this is a conceptual approval of a plan for disbursement of Community Development Block Grant (CDBG) Funds, subject to a public hearing required by the CDBG Law. He stated that if the Council approves the recommendation before them tonight, it is with the understanding that it is a concept so that the City can get the appraisals of property (for acquisition of the Christian School property, and in conjunction with a developer who would provide moderate -low -cost housing on some other portions of the property); the necessary zoning language and resubdivision approval, then present the details to the Council at a later date (budgets and other details will have to Volume 42 - Page 150 COUNCIL MEMBERS y • • is CITY OF NEWPORT BEACH MINUTES April 25, 1988 be approved by the Planning and Parks, Beaches and Recreation Commissions before coming back to the City Council) for ratification, or denial. If it is denied, then the project will not go forward. The City Manager reviewed the summary sheet (page 69) of the staff report regarding the proposed budget for the 1988 -89 CDBG with the Council, citing the new programs of: *Emergency Home Repair Grants °S.C.S. Senior Meals (Corona del Mar) *Newport Mesa Girls /Boys Club *Child Abuse Prev. Ctr. Space °Northwest Community Center (15th & Monrovia in the West Newport Triangle) Council Member Strauss proposed that the City Council consider appropriating $4,000 from Newport Beach, joining the Cities of Santa Ana, Costa Mesa, and Irvine, who respectively appropriated $10,000, $10,000, and $5,000 to the Share Ourselves (SOS) Free Medical and Dental Clinic, located at 661 Hamilton, Costa Mesa, who provide very good and reedy services for those people that don't have any money. Craig Bluell, Senior Planner, addressed the Council and stated that an application was sent to SOS, but that the Planning Department had not received a response. He added that they did make application last year and were given a grant. Council Member Sansone inquired as to whether the request for a new building for Oasis health services, adjacent to the current building, which was discussed recently at the Oasis Board meeting, would qualify for grant funds. Wherein, the City Manager stated he felt that it could qualify under this program, but they had not submitted an application as yet. Staff noted that a representative of SOS was in the audience, wherein, Scott Mather, Chairman of both Orange Coast Interfaith Shelter and SOS Medical Clinic, addressed the Council, stating Volume 42 - Page 151 CDBG /HUD COUNCIL MEMBERS wAG Motion • Ayes • x CITY OF NEWPORT BEACH MINUTES April 25, 1988 that the Board of Directors purposely did not apply to Newport Beach for funds, as they are fully funded this year, but would like to leave the way open for requests for future years. Bob Lenard, Advanced Planning Manager, addressed the Council, stating that it was not an oversight regarding the Oasis health center building, but that this project would come under some other type of budgetary funding. The Planning Director added that Newport Christian High School has been sold to a party that is going to continue the high school in another location. He commented that the property is also for sale, and this would be an opportunity for the City to acquire the existing gymnasium, classrooms and some parking for an immediate recreation facility. After no one else wished to addressed the Council, the public hearing was closed. Council Member Plummer complimented the staff, citing the need for the West Newport Community Center, wherein motion was made to adopt Resolution No. 88 -28, authorizing the City Manager to submit the Final Statement and all under- standings and assurances contained therein, and to act as the official representative of the City in connection with the submission. E. PUBLIC COMMENTS: 1. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council suggesting that agenda staff reports for public reference be attached to a clipboard in the lobby so that they cannot be removed. 2. Sid Soffer, addressed the Council again, on another item, stating that "The other item is sort of a touchy item, and it is his belief that there is a staff member working for the City of Newport Beach in the Planning Department as a Planner, that while being paid by the City of Newport and the citizens of Newport to work on Newport projects is, in fact, working on opposition to the Home Ranch In Costa Mesa........." Volume 42 - Page 152 CDBG /HUD Res 88 -28 COUNCIL MEMBERS •\aG 0 �9G���A • Motion All Ayes E x CITY OF NEWPORT BEACH MINUTES April 25, 1988 The City Manager asked for specific proof, and stated that both he and the Planning Director will investigate Mr. Soffer's allegations. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: Schedule for public hearing on May 9, 1988: (a) Removed from the Consent Calendar. Pass to second reading on May 9, 1988: (b) Proposed ORDINANCE NO. 88 -11, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.12.090 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING THE BASIC WATER QUANTITY RATE AT 93 CENTS PER HUNDRED CUBIC FEET EFFECTIVE JULY 1, 1988. (Report from Utilities Director) (c) Proposed ORDINANCE NO. 88 -12, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 10.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PUBLIC NUISANCE ABATEMENT. (Report from the Assistant City Attorney) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 88 -29 amending Resolution No. 87 -105, pertaining to delinquent fees for dog licenses. (Memo from Business License Supervisor) (b) Resolution No. 88 -30 declaring that weeds and other public nuisances exist upon streets, alleys, sidewalks, parkways and private property within the City; declaring that said weeds and public nuisances must be abated; and 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 Volume 42 - Page 153 Ord 88 -11 Utilities/ Basic Wtr Rate (89) Ord 88 -12 Public Nuisance Ab tm (41) Bus Licns/ Dog Fees Res 88 -29 (40) Fire /Weed Abatement Res 88 -30 (41) COUNCIL MEMBERS • C CITY OF NEWPORT BEACH MINUTES April 25, 1988 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 the Fire Chief). (c) Resolution No. 88 -31 approving an Balboa amendment to the Agreement with the Ycht Ban California State Department of Rdvlpm Boating and Waterways (Contract No. Res 88 -31 2370) to provide funding for the C -2370 redevelopment of the Balboa Yacht (38) Basin and authorizing the Mayor and City Clerk to execute amendments to the agreement. (Report from Marine Director) (d) Resolution No. 88 -32 expressing Legislation support for Senate Bill 2417, S8 2417 legislation which would repeal the Res 88 -32 "Fireman's Rule." (Report from (48) City Attorney) (38) (e) Resolution No. 88 -33 requesting the PCH /Baysd Orange County Transportation Dr /MacArth Commission (OCTC) to include the OCFAUFndg rehabilitation of portions of Res 88 -33 Pacific Coast Highway between (74) Bayside Drive and MacArthur Boulevard in the Orange County Federal -Aid Urban (FAU) Fund Program in Fiscal Year 1988 -89; and authorize staff to retain ASL Consulting Engineers to prepare plans, specifications and estimate to rehabilitate Pacific Coast Highway. (Report from Public Works Department) (f) Resolution No. 88 -34 prohibiting Parking parking adjacent to 608 East Balboa Rstrctns/ Boulevard from June 1 through 608 EBa1B1 September 15, and on Saturdays, Res 88 -34 Sundays and holidays from September (63) 16 through May 31. (Report from Traffic Affairs Committee) 3. CONTRACTS/AGREEMENTS: (a) Award Contract No. 2532 to George Ph I Ocn Fr Dakovich and Sons, Inc., for Sdwlk Rpr $133,342.65, for Phase I Ocean '87/88 Front Sidewalk Repair 1987/88, and C -2532 authorize the Mayor and City Clerk (38) to execute subject contract; and authorize staff and City Clerk to execute a contract change order to maximize available funding for the property. (Report from Public Works Department) Volume 42 - Page'154 COUNCIL �G \�G \Z8`� • • • MEMBERS A \00,A , CITY OF NEWPORT BEACH MINUTES April 25, 1988 (b) Authorize the Mayor and City Clerk to execute lease with the Balboa Yacht Club, Inc., 1801 Bayside Drive, Corona del Mar. (Report from Executive Assistant to the City Manager) 4. COMMUNICATIONS - For referral as indicated: (a) To Planning Commission for inclusion in the records, 36 letters from concerned citizens regarding Emerald Association project (Use Permit No. 3312). Note: After the agenda was printed, nine additional letters were received regarding the foregoing. (b) Removed from the Consent Calendar. (c) To Code Enforcement, Planning Department for response, letter from Eunice Selle regarding complaint against neighbor on Vista Bays. for alleged City code violations. (d) To Executive Assistant to the City Manager for reply, Jacque Clark's comments regarding letter received from COMCAST after he requested his service be disconnected due to poor reception, etc. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Louis N. Ballas alleging gas line broke by tree roots at 1406 Westcliff Drive, seeking reimbursement of plumbing expense and additional fees for increase in gas usage. (b) Application to Present Late Claim of Judith Caruthers and Westfield Ins., Co., alleging personal . injuries as a result of vehicle accident on October 9, 1987 on Irvine Avenue, north of Mesa Drive. Volume 42 - Page 155 Bal YchtClb Tdlnds Ls w /CNB C -2693 (38) Planning Cmsn (68) Planning/ Cd Enfrcm (68) COMCAST TV /Clark (42) (36) Ballas Caruthers/ Westfield Ins Co COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES April 25, 1988 (c) Tad R. Johnson and William M. Daniel alleging personal injuries, false arrest, etc., on January 22, 1988, at the Balboa Fun Zone by City Police Department. (d) Dawn Jordan alleging false arrest, false imprisonment, emotional distress, etc., on January 8, 1988 at 2415 E. 16th Street, #9. (e) Christopher C. Kiehler alleging damage to personal property as a result of sewer backup on December 6, 1987 at 4300 -04 Shorecrest Lane. (f) Rita Ann Loose alleging police brutality as a result of arrest on March 15, 1988 at 209 The Grand Canal. (g) Kenneth Marx seeking indemnity from claim filed by Judith Caruthers who was involved in accident on Irvine Avenue on February 3, 1988. (h) Lucile Smith alleging personal injuries as a result of her wheelchair dropping into gap between boards on pier walkway on ramp of ferry landing at Balboa Island on April 3, 1988. (i) Underground Service Alert Co. of . California seeking indemnity from City as a result of underground electric facilities which were damaged and owned by Southern California Edison Co., on February 3, 1987 on Pacific Coast Highway and Jamboree Road. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: Johnson/ Daniel Jordan Kiehler Loose Marx Smith Underground Service Alert of CA (36) (a) Gerald E. Ellis, Notice of Hearing Ellis on Petition for Order Permitting Late Claim, Orange County Superior Court, Case No. 552738. Claim was denied by the City Council on January 11, 1988. (b) Frances Mauro, guardian for Darlene Mauro Mauro, Orange County Superior Court, Case No. 540050. Claim was denied by City Council on May 11, 1987. Volume 42 - Page 156 COUNCIL MEMBERS \\A CGL • • CITY OF NEWPORT BEACH MINUTES April 25, 1988 (c) Kelly Seals vs. City of Newport Beach for personal injury and premises liability, Orange County Superior Court, Case No. 538016. 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Refuse Worker I, General Services Department. (b) One Emergency Equipment Dispatcher, Police Department. (c) One Police Sergeant, Patrol Division. (d) One Utilities Equipment Specialist, Water Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Removed from the Consent Calendar. For Council information and filing: (b) Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON APRIL 7, 1988. 10. PUBLIC HEARING SCHEDULING: None. 11. Removed from the Consent Calendar. 12. OFFICIAL HISTORY OF NEWPORT BEACH REVISION - Approve of proposal and format as contained in memorandum from Bill Grundy, President of the Newport Beach Historical Society and James Felton, Editor of the 1981 Official History of Newport Beach; authorize City Manager to execute agreement with Premier Printing Corp.; and appoint Mayor Cox and Council Member Strauss as members of the Ad Hoc City Council City History Review Committee. 13. FUEL STORAGE TANK REPLACEMENT (CONTRACT NO. 2679) - Approve Notice of Exemption; approve plans and specifications; and authorize City Clerk to advertise for bids to be opened 11:00 a.m, on May 26, 1988. (Report from Public Works Department) Volume 42 - Page 157 Seals (66) Planning (68) City History Review/ (35) Fuel Strg Tnk Rplcm C -2679 (38) COUNCIL MEMBERS A�G�a��G����� Ct 9di • • 11 CITY OF NEWPORT BEACH MINUTES April 25, 1988 14. Removed from the Consent Calendar. 15. Removed from the Consent Calendar. 16. IMPROVEMENTS IN RESUBDIVISION NO. 843 - Accept the public improvements constructed in conjunction with Resubdivision No. 843 (421 Goldenrod Avenue and First Avenue); authorize the City Clerk to release the Faithful Performance Surety in the form of a cash deposit (Account No. 02- 217 -02 on April 27, 1987, Receipt No. 06428); and authorize the City Clerk to release the Labor and Material Surety in the form of a cash desposit (Account No. 02- 217 -02 on April 27, 1987, Receipt No. 06428) in six months provided no claims have been filed. (Report from Public Works Department) 17. ENCROACHMENT PERMIT /AGREEMENT AND CONDITIONAL USE PERMIT NO. 3122 - Approve issuance of an encroachment permit to BALBOA LANDING to construct and maintain a boat rental structure and decorative paving within the Edgewater Place, Palm Street and Bay Avenue rights -of -way; approve and authorize the Mayor and City Clerk to execute the agreement and record with the recorder; and approve and authorize the Mayor and City Clerk to execute a use permit agreement guaranteeing completion of a left turn lane at Balboa Boulevard and Adams Street required of Use Permit No. 3122. (Report from Public Works Department) 18. TRACT NO. 12362 - Accept the public improvements constructed in conjunction with Tract No. 12362; authorize the City Clerk to release the Faithful Performance Surety in the form of a Passbook Account (No. 44- 09000298) in the amount of $171,000; and release the Labor and Material Surety in the form of a Passbook Account (No. 44- 09000306) in six months, provided no claims have been filed. (Report from Public Works Department) 19. TRACT NO. 12212 - Accept the public improvements constructed in conjunction with Tract No. 12212; authorize the City Clerk to release the Faithful Performance Surety in the form of a Passbook Account (No. 44- 09000223) in the amount of $115,000; and release the Volume 42 - Page 158 Resub 843 Imprms (84) Permit/ Encrchm/ CUP#3122 (88) Tract 12362 Tract 12212 COUNCIL MEMBERS ,\A `,0 • • CITY OF NEWPORT BEACH MINUTES April 25, 1988 Labor and Material Surety in the form of a Passbook Account (No. 44- 09000231) in the amount of $115,000 in six months provided no claims have been filed. (Report from Public Works Department) 20. TRACT N0. 12529 - Accept the public Tract 12529 improvements constructed in conjunction with Tract No. 12529; authorize the City Clerk to release the Faithful Performance Surety in the form of Passbook Account (No. 44- 09000207) in the amount of $151,000; and release the Labor and Material Surety in the form of Passbook Account (No. 44- 09000215) in six months provided no claims have been filed. (Report from Public Works Department) 21. SPECIAL EVENTS PERMITS - Uphold staff's Permit /Spcl recommendation for approval, subject to Evnts conditions listed in the staff report (65) for the following: (Report from Business License Supervisor) (a) Application No. 88 -075 - Use Apli#88 -075 of amplified sound in a residential area by the Balboa Bay Club for the Chili Cookoff on May 26, 1988, from 3:00 - 11:00 p.m.; (b) Application No. 88 -085 - Apli#88 -085 Temporary street closure of Cliff Drive for Newport Heights Community Association annual picnic, May 30, 1988, 10:00 a.m. - 5:00 p.m.; (c) Application No. 88 -101 - Apli#88 -101 Temporary street closure for UCI Cycling team, Back Bay, May 7, 1988, 2:00 - 5:30 p.m.; (d) Application No. 88 -131 - Use Apli#88 -131 of public beach and use of the Lido Island turning basin by the Newport Ski Company to conduct their annual sailboarding racing on Monday evenings through September from 6:00 - 8:00 p.m. 22. BUDGET AMENDMENTS - For approval: (25) BA -074, $67,500 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for production, Volume 42 - Page 159 COUNCIL MEMBERS S n di\ \11\� i Motion All Ayes • CITY OF NEWPORT BEACH 91 MINUTES April 25, 1988 printing and Editor's expense for revising the Official 100 year History of Newport Beach; General Fund. (Refer to agenda item F -12) BA -075, $1,000 - Transfer in Budget Appropriations for Special Refuse Collection for Cliff Haven Community; General Services- Refuse Fund. (Memorandum from General Services Director w /request from Cliff Haven Community Association) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the City Attorney regarding Bus Lic/ DISPLAY OF SEXUALLY ORIENTED MATERIAL IN Newsrack NEWSRACKS, was presented. (27/31) Motion was made to defer the subject agenda item to the Study Session of May 9, 1988, as a result of a request from the Concerned Women's Group for public testimony. 2. Report from Public Works Department, Encrchm/ recommending denial of REQUEST OF KHALED Drvwy Prmt P. WALLACE FOR DRIVEWAY PERMIT to (65) construct a 16 foot -wide driveway at 2919 Ocean Boulevard, Corona del Mar, was presented. Council Member Sansone asked that the request be reconsidered for approval, as the City, very shortly, is going to be building a sidewalk from Big Corona Beach to Lookout Point, which goes directly across the applicant's property. He continued that it would be more cost effective for the driveway construction to be coordinated with the City's contract which has already been awarded, so that there would not be any delay in the proposed new sidewalk construction. He stated that if you walk across the driveway now, you would have to step down onto the driveway and up onto the other side, which is a safety hazard. He also stated that the applicant proposes to raise that driveway so that it will be level with the adjoining parkway, which will be a big improvement at considerable expense to them and they have also proposed to beautify a fence at the start of their property at the back of this drive, and also put in some shrubbery which would prevent a dangerous condition at one portion, where small children could tumble down the bluff. He explained Volume 42 - Page 160 COUNCIL MEMBERS ti n di\ .G9,y��GgAA • Motion All Ayes CITY OF NEWPORT BEACH X MINUTES April 25, 1988 that the current driveway now averages Encrchm/ 12 feet in width, and at the house part Drvwy Prmt of the property it is out to 16 feet, so the applicant will widen the driveway another 3 feet, for a total of 15 feet. The Public Works Director stated that the City doesn't see any problem with the proposal, and the change in grade would be beneficial. John Lake, owner of property at 2919 Ocean Boulevard, Corona del Mar, addressed the Council, stating that his request is to repair an existing driveway, and bring it up to minimum standard which is required of any home being built today. He emphatically stated that this is not an encroachment, and he presented a recorded copy of an easement deed for the purposes of ingress and egress to Lot #27, which is the top of the bluff where his house stands. The Public Works Director, at the concern of Council, stated that the terminology of encroachment permit, as applied here, refers to any construction within the right -of -way, whether it be a drive approach, or a driveway, and the terminology is also used for sewer laterals. He added that it simply is a technical term, and in this case, the encroachment of some type of construction within the public right -of -way. Mr. Lake accepted the Public Works Director's explanation, stating that he merely wants to bring his driveway up to standards. Motion was made to approve the driveway permit, with the condition it be improved per City standards, and reconstructed at same grade as adjacent landscaped right -of -way. 3. Report from Marine Department with staff's recommendation for approval, subject to conditions listed in the staff report for COMMERCIAL ACTIVITIES HARBOR PERMIT - KWAN LEE OF PARASAILING ADVENTURES INCORPORATED, to operate a parasailing business within the City of Newport Beach at 3400 Via Oporto, Lido Marina Village, was presented. Volume 42 - Page 161 Harbor Perm Cmcl Actv/ Parasailg (51) COUNCIL MEMBERS 1 A A C`p di Motion All Ayes • Motion x All Ayes Motion x All Ayes • x CITY OF NEWPORT BEACH MINUTES April 25, 1988 4. Discussion ensued, wherein this request would present problems with lack of parking in the Lido Marina Village, and potential liability to the City. The City Attorney stated that the parasailing activities would be basically an offshore operation, using charter boats. He commented that the City has experienced land -site problems from commercial activities in the Bay, and in this particular instance, the applicant has not evidenced that they have required parking, adding that parking in the Lido Marina Village is oversubscribed by 3 parking spaces during the day and about 67 spaces at night. Motion was made to bring back the request in 30 days, after reviewing the parking and insurance liability problems. Proposed Ordinance, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE PROVISIONS OF SECTIONS 20.30.035B, AND 20.30.040B, AND 20.63.045A TO THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO ESTABLISHING A NEW OFF- STREET PARKING REQUIREMENT FOR PUBLIC ASSEMBLY USES; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT (PLANNING COMMISSION AMENDMENT NO. 662], was presented for first reading and public hearing scheduling on May 9, 1988, with a report from the Planning Department. Motion was made to schedule the proposed ordinance for further discussion at the May 9, 1988, Study Session, before bringing it back to Council. 5. Motion was made to refer letter from Joan Cooper protesting James Robinson's request for variance to extend the height of a block wall at 210 Pearl, Balboa Island, to the Planning Department for response, with carbon copy to Council. Volume 42 - Page 162 Harbor Perm Cmcl Actv/ Parasailg Zoning/ Dff -St Pkg Asmbly Use (94) PCA 662 Planning/ Variance (68) COUNCIL MEMBERS \ ,A '0 S � Ll • • CITY OF NEWPORT BEACH MINUTES April 25, 1988 . 6. Report from Public Works Department recommending denial of ENCROACHMENT PERMIT APPEAL OF SIDNEY BICKEL for an application to construct masonry walls encroaching up to 7 feet into 38th street adjacent to 3801 Seashore Drive, was presented. Sidney Bickel, 3801 Seashore Drive, applicant, addressed the Council and asked that they overrule the denial of Public Works to leave standing a wall that she had constructed on her property as an improvement and protective buffer from the sand. She added that she realizes now, she has not taken the proper steps through the City's permit process before making the improvements, but feels that the City should recognize the time and expense that homeowners have spent in improving the appearance of West Newport. John Vestal, 3713 Seashore Drive, President of the West Newport Beach Association, and neighbor of Sidney Bickel, addressed the Council stating that he is speaking on behalf of, and in support of Sidney Bickel. He commented that by her own admission, she has erred in judgement by making the improvements, but about 80% of the residences going down to the river have made similar improvements along Seashore Drive, and the results are unbelievable. Mr. Vestal stated that if she were to leave it as it was; it becomes a used parking lot where vehicles have to be towed; and it becomes a backdrop for litter and unsanitary habits by those persons using the beach. He suggested that it become a matter of policy that all beach front property owners who live on access streets to the sand be required to construct similar improvements, and further,.that the City support this program by helping and add some trees to beautify this part of Newport Beach. The Public Works Director stated that Mr. Vestal has made a very good point, and that ocean front street ends has been studied for a number of years, so these issues are not brand new. He added that the concept.of a City plan was reviewed by staff, Parks, Beaches and Recreation, and the City Council approved standard drawings outlining improvement work on street ends. He Volume 42 — Page 163 Permit/ Bickel Encrchm (6.5) COUNCIL MEMBERS S n\ is Motion Ra CITY OF NEWPORT BEACH Ayes x x x x Noes x x x • MINUTES April 25, 1988 further added, that staff's Permit/ recommendation for denial is because Bickel Sidney Bickel's improvement does not Encrchm conform to those standards, and because it is a very substantial encroachment into the right -of -way. Discussion ensued, wherein Council Member Plummer stated that she would compromise and make a motion to temporarily allow the 4 foot front wall encroachment, which serves as a protective barrier, pending further study and action regarding the ocean front street end problem, but that the 30 -foot portion nearest Seashore Drive, which encroaches 7 feet, not be approved and would have to be removed. Mayor Pro Tem Hart stated that she was not going to support the motion, and agreed that some definite standards will have to be approved. The motion was voted on and carried. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Report dated from Public Works regarding CalTrans ACCESS TO COAST HIGHWAY FROM CALTRANS East /Hoag EAST PARCEL, was presented. (74) The City Manager stated he was advised this evening, that it is understood Balboa Coves Community Association and Hoag Hospital have reached an agreement, and the only remaining concern is the sound wall, which the homeowners association indicates they would like to negotiate with the City and complete the negotiations within 45 to 60 days before the improvement plans are approved by the City for bid. He added that the homeowners association has also dropped off tonight, about five or six copies of the sound studies they had commissioned two weeks ago. The City Manager explained that the alternative on the sound wall is, if the sound studies raise the level of the LEQ sound noise, then it is eligible for State funding, and the sound wall can be put in. If it does not meet those Volume 42 - Page 164 COUNCIL MEMBERS • is Motion All Ayes is x CITY OF NEWPORT BEACH MINUTES April 25, 1988 standards, then the State will say no CalTrans and then the City and the homeowners East /Hoag association would have to negotiate some arrangement for installation of the balance of the sound walls. The Public Works Director commented that staff asked CalTrans to perform some additional sound studies, but CalTrans was delayed by the recent rains, and when completed their studies can be compared with the studies done by the Balboa Coves Community Association engineer. Robert Coles, 50 Balboa Coves, addressed the Council, stating that the City Manager has explained the process very clearly, and added that they do have a very good engineering company. Parsons of Pasadena, an international firm. The report will show that there is quite a bit of sound in excess of the State minimum for a wall. He feels very confident based on that report that the State is going to agree with the figures, and asked that Council give the association an opportunity before approving the drawings to either get a wall from the State, or discuss a different wall with the City, then they would be happy with the result. Discussion ensued, wherein motion was made to adopt Resolution No. 88 -35 rescinding Resolution No. 83 -53, and approving direct access to Pacific Coast Highway from the former CalTrans East Parcel (now owned by Hoag Hospital); and signal and sound wall to be reviewed by homeowners association. 2. Report from Public Works Department regarding AVON STREET PARKING IMPROVEMENTS, was presented. The City Manager stated that during the past month, the Council had received a number of letters principally from the Newport Heights Homeowners Association and others including the Science Facilities at Harbor High School considering the City's plans to improve Avon Street as a street and vertical parking. The letters were referred to staff for report back to Council on the status, stating that there are two options, which is to continue the project as outlined, or discontinue the project based upon the information presented tonight. Volume 42 - Page 165 Res 88 -35 Avon St/ Pkg Imprvm (74) COUNCIL MEMBERS w00, �Z��G�i9�l, • • • CITY OF NEWPORT BEACH MINUTES April 25, 1988 The Public Works Director stated that he would like to add two points to respond to Council inquiry: 1) That it has been determined that an EIR, rather than a Negative Declaration will be required for this project, and if the Council does not discontinue the project, a full EIR will be prepared, which will carry with it the procedure involving a public hearing; and 2) The City had hoped that the soils engineering was completed so that the results could have been included in the status report. If the Council decides to go ahead with the project at this point, the environmental work and engineering work would be done, but no action would be taken on actually constructing the project without further hearing. Discussion ensued regarding the relation of this project with the installation of the storm drains at Riverside and Avon, wherein the Public Works Director stated the total project includes storm drain construction on Avon Street that would connect to other drains. The City Manager explained that if this project proceeded, the smaller drain that was constructed at Avon would discharge into the larger drain that crosses underneath the Pacific Coast Highway, and that would be constructed regardless of what is done on Avon. Virginia Herberts, 2290 Channel Road, Balboa, and Parks, Beaches and Recreation Commissioner, addressed the Council, stating that she has not spoken about this project to the Commission members as yet, but is recommending that the Council discontinue the subject project for several reasons. She referred to the information received from the Science Department to preserve this wetland and from the biology teacher at Harbor High, stating that the young people that come to the nature camp study this ecosystem and it has been used for many years in this way. She stated that since living in this area for over 22 years, she is aware that among the reeds growing there, redwing blackbirds nest, which is quite unusual. In summation, she stated that there is already more than adequate parking west of Tustin behind Mariners Volume 42 — Page 166 Avon St/ Pkg Imprvm COUNCIL MEMBERS '5' -��G�tw�P� • • • CITY OF NEWPORT BEACH MINUTES April 25, 1988 Mile that is not being used by the Post Office Department employees, and to put in more parking would not justify wiping out this delicate area. Jan Vandersloot, 2221 16th Street, Newport Heights, addressed the Council, stating that he has been involved with this particular project for the past six months because he, his son and daughter frequent the creek and study the fish, and because: he feels that it is a fresh water natural spring, which may be coming from as much as 100 feet below the ground level. He also stated that the City should review the density occurring in the Mariners Mile area that leads to the need for more parking, as he feels that this "little" parking lot is designed to satisfy parking concerns. He continued that where the hillside will be excavated away, there exists an old Indian tar mine, which has been designated by the Indian Nation as a sacred Indian site. He added that there is support for retaining the wetlands area as an educational resource that includes Indian history and culture, and would ask that the Council think about this and vote to discontinue the project. Marian Rayl, 426 San Bernardino Avenue, addressed the Council, regarding the preservation of the wetlands, and parking of the Riverside Post Office employees and employees of the adjacent businesses. She referred to a survey that the Newport Heights Community Association conducted, wherein the results indicated that the City parking lot would not be utilized as intended, citing reasons given by the businesses as to why their employees park on the streets. She stated that their association is worried about the lights at night, loss of trees, noise, and additional traffic, commenting further that the present commercial area is overbuilt and was approved with inadequate parking, and that the existing City parking lot at Avon and Tustin Avenues provides ample parking for this area, but is not being used to its capacity. She suggested that the City improve lighting along Avon to Tustin, and that they explore a parking agreement with the Post Office employees and employees of the merchants in the center to use the City lots for parking Volume 42 — Page 167 Avon St( Pkg Imprvm COUNCIL MEMBERS ,AGyZ,o�G y4p� c+�yc may\ 0 Motion Ayes Noes x x Motion Ayes x x Noes 40 CITY OF NEWPORT BEACH MINUTES April 25, 1988 needs. She stated that while the present plan may benefit the customers of the center, it does not address the employees parking needs and is negatively impacting the community and asked the Council to please discontinue the project, spend the $700,000 in some other place, and that they are very happy with the area just the way it is now. Discussion ensued, regarding the the street improvements required by the Newport Imports project to pave half of the road and the City pave the other half, and the need to go ahead with the EIR, which would give alternatives as to whether the proposed retaining wall could be eliminated, the need for perpendicular parking, and what effect the project would have on the streamlet. Council Member Strauss commented that he would not support this, and made a motion to discontinue the project, which motion FAILED. Motion was made to continue the project as outlined in the staff report. S. CURRENT BUSINESS: 1. Request from Norbert Bojarski to address the Council concerning alleged lack of enforcement of the City's ordinance restricting door -to -door solicitation, was presented. It was noted that Mr.Bojarski left the meeting apparently due to the late hour, as he was not in the audience, and therefore his request was filed. Meeting adjourned at 11:55 p.m. The agenda for this meeting was posted on April 21, 1988 at 8:20 a.m., on the City Hall Bulletin Board locaW outside of the City of Newpo Be cy*jdministratAon ATTEST: City Clerk Volume 42 - Page 168 Avon St/ Pkg Imprvm Bus Lic/ Bojarski (27) x x x x x x x x x x x x MINUTES April 25, 1988 needs. She stated that while the present plan may benefit the customers of the center, it does not address the employees parking needs and is negatively impacting the community and asked the Council to please discontinue the project, spend the $700,000 in some other place, and that they are very happy with the area just the way it is now. Discussion ensued, regarding the the street improvements required by the Newport Imports project to pave half of the road and the City pave the other half, and the need to go ahead with the EIR, which would give alternatives as to whether the proposed retaining wall could be eliminated, the need for perpendicular parking, and what effect the project would have on the streamlet. Council Member Strauss commented that he would not support this, and made a motion to discontinue the project, which motion FAILED. Motion was made to continue the project as outlined in the staff report. S. CURRENT BUSINESS: 1. Request from Norbert Bojarski to address the Council concerning alleged lack of enforcement of the City's ordinance restricting door -to -door solicitation, was presented. It was noted that Mr.Bojarski left the meeting apparently due to the late hour, as he was not in the audience, and therefore his request was filed. Meeting adjourned at 11:55 p.m. The agenda for this meeting was posted on April 21, 1988 at 8:20 a.m., on the City Hall Bulletin Board locaW outside of the City of Newpo Be cy*jdministratAon ATTEST: City Clerk Volume 42 - Page 168 Avon St/ Pkg Imprvm Bus Lic/ Bojarski (27)