HomeMy WebLinkAbout07/09/1990 - Regular MeetingMINUTES
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PLACE: COUNCIL MEETING
.p PLACE: Council Chambers
\� A DATE: July 9,M1990
Present
Absent x
W
yes
Motion
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x
x
x
x
x
action taken by the Planning Commission on
x
May 24, 1990, to deny MODIFICATION NO.
3688, on property located at 345 CAMEO
SHORES ROAD. A request to permit the
x
retention of an as -built 5 foot 6 inch high
wrought iron fence and related 6 foot high
IA. ROLL CALL.
B. Reading of Minutes of Meeting of June 25,
1990, 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.
ID. HEARINGS:
1. Mayor Plummer opened the continued public
Modificat'n
hearing and City Council review of an
3688
APPEAL BY MR. AND MRS. YASUI from the
(94)
action taken by the Planning Commission on
May 24, 1990, to deny MODIFICATION NO.
3688, on property located at 345 CAMEO
SHORES ROAD. A request to permit the
retention of an as -built 5 foot 6 inch high
wrought iron fence and related 6 foot high
stone pilasters topped with 2 foot high
light fixtures, which encroach 15 feet into
the required 15 foot front yard setback
adjacent to Cameo Shores Road, and which
also encroach 15 feet into the required 15
foot front yard setback adjacent to Hampden
Road. The front yard setbacks are
established by Districting Map No. 31.
Recycled report from the Planning
Department dated June 25, 1990, together
with applicant's appeal application and
request for continuance.
Letter of support for the applicants from
Professor Gerhard K. Kalisch.
The City Clerk advised that after the
agenda was printed, a letter was received
in support_ of the subject appeal from
Loretta Milton, 4601 Hampden Road.
It was noted in the staff report that the
original request of the applicants was to
allow the retention of the as -built 5 foot,
6 inch high wrought iron fence and 6 foot
high stone pilasters topped by 2 foot high
light fixtures at the front property line
adjacent to Cameo Shores Road and Hampden
Road. However, on May 10, 1990, the
Planning Commission continued this matter
to its meeting of May 24, 1990 to allow the
applicants adequate time to redesign the
as -built construction. The Commissioners
recommended that portions of the fence
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ROLL CALL July 9, 1990
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be moved back from the front property line Modifict'n
adjacent to Hampden Road and at the street 3688
intersection. The revised plans submitted
to the Commission indicated that the
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existing construction between the two
driveway gates at the intersection of Cameo
Shores Road and Hampden Road would be
maintained as existing. The remainder of
the perimeter wrought iron fencing located
within the 15 foot front yard setback
adjacent to the two streets, would be
reduced to a height of 3 feet, as permitted
by the Zoning Code. The Commissioners were
of the opinion that the proposed, revised
plans would still be detrimental to the
neighborhood, and recommended denial of the
applicants' request.
Photograph:; were also displayed of the
subject fence, as well as other properties
in the immediate area.
Mitch Moriyasu Michino, Attorney
representing the applicants, addressed the
Council in support of the appeal. He
stated that the improvements made by the
applicants were without the knowledge of
the City's 15 foot setback requirement;
that several thousand dollars have been
spent on these improvements; the purpose of
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the fencing is to provide security as the
applicants are away approximately eight
months out of the year; there is another
fence in the neighborhood higher than the
applicants; this modification was approved
by the Cameo Shores Architectural
Committee; and they are willing to
compromise in order to keep some of the
improvements.
Dave Stephens, Contractor for the
applicant, addressed the Council and stated
he was not aware that a fence permit was
required when the Building Permit was
issued for the other improvements on the
site. He advised that changes have been
made on the plans to reflect the fencing at
3 feet high with the gates and pilasters 5
feet in height.
It was pointed out by the Planning Director
that the revised plans still do not
incorporate the changes as recommended by
the Planning Commission; and therefore, is
the reason the Planning Commission denied
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this Modification.
The following persons addressed the Council
in opposition to the appeal, noting that
all homeowners in Cameo Shores are issued a
booklet setting forth their CC&R's; the
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COUNCIL MEMBERS
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proposed fencing is incompatible with the
area; and that if the appeal is approved,
it could set a precedent:
Allen M. Katz, 4627 Tremont Lane
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Frank Clendenen, 4639 Tremont Lane
Charles Cannon, 4633 Tremont Lane
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
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Mayor Pro Tem Sansone commented that
All Ayes
inasmuch as this Modification was approved
by the Cameo Shores Homeowners
Architectural Committee, he felt the
applicants were "somewhat" mislead, and
following discussion, he moved to refer
this item back to the Planning Commission.
2. Mayor Plummer opened the public hearing Ord 90 -30
regarding PROPOSED ORDINANCE NO. 90 -30,1 Zoning/
being, Rsdntl
Overlay
AN ORDINANCE OF THE CITY COUNCIL OF (94)
THE CITY OF NEWPORT BEACH AMENDING
TITLE: 20, ADDING CHAPTER 20.37,
SECTIONS 20.37.010, 20.37.020, AND
20.37.030 TO THE NEWPORT BEACH
MUNICIPAL CODE, SO AS TO ESTABLISH
THE RESIDENTIAL OVERLAY DISTRICT
[PLANNING COMMISSION AMENDMENT NO. PCA 709
7091.
Report from the Planning Department.
It was noted that in order to facilitate
the establishment of mixed use developments
as provided under the General Plan, and to
provide consistent standards for such
development, it is being recommended that a
Residential Overlay District be established
and applied to those commercial areas where
residential uses are permitted under the
General Plan.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
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Motion was made to adopt Ordinance No. 90-
All Ayes
30.
3. Mayor Plummer opened the public hearing Ord 90 -31
regarding PROPOSED ORDINANCE NO. 90 -31, Zoning
being, Specialty
Food Use
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AN ORDINANCE OF THE CITY COUNCIL OF (94)
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE SO AS TO PERMIT
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Motion
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"SPECIALTY FOOD USE" IN THE MARINERS
MILE SPECIFIC PLAN (SP -5) DISTRICT
(CHAPTER 20.62); AND AMENDING
LANGUAGE IN TITLE 20 CONCERNING
"SPECIALTY FOOD USE" (CHAPTERS 20.32,
20.33, 20.34, 20.35, 20.36, 20.51,
20.61, 20.62, 20.63) (PLANNING
COMMISSION AMENDMENT NO. 7111
Report front the Planning Department.
It was pointed out that the subject
ordinance reflects the same changes
recommended by the Planning Commission
within the text of the updated Mariners
Mile Specific Area Plan.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Ordinance No. 90-
31.
4. Mayor Plummer opened the public hearing
regarding GENERAL PLAN AMENDMENT NO. 89-
2(C) - Request initiated by the City of
Newport Beach to allow
commercial /residential mixed use in the
"island" area between North Newport
Boulevard and Newport Boulevard in the Old
Newport Boulevard Specific Plan Area. It
is also proposed to amend the boundaries of
the Old Newport Boulevard Specific Plan
Area to delete areas designated for
residential use and to consider changes to
the issues identified for consideration in
the preparation of the Specific Plan; and
the acceptance of an Environmental
Document;
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USE PERMI:P NO. 3380 - Request of OWEN
MINNEY to allow the construction of a
combined commercial /residential project
containing 2,000 square feet of commercial
development and 3 dwelling units on
property located in the C -1 District. The
proposal also includes a request to approve
a use permit to permit commercial
development of the site which maintains a
Floor Area Ratio which is less than 0.25.
Property located at 447 North Newport
Boulevard, between Orange Avenue and
Hospital Road, in the Old Newport Boulevard
Specific Plan Area;
AND
Volume 44 - Page 237
PCA 711
GPA 89 -2(C)
(45)
/P 3380/
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Motion
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Motion
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1-71
July 9, 1990
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SITE PLAN REVIEW N0. 59 - A request to Site Pln
permit the construction of a combined Rvw 59
commercial /residential development 'within
the Old Newport Boulevard Specific Plan
Area where a Specific Plan has not yet been
adopted;
AND
RESUBDIVISION NO. 929 - A request to Resub 929
resubdivide an existing lot and a vacated
portion of Newport Boulevard into a single
parcel of land for mixed use condominium
purposes so as to create one office
condominium and 3 residential condominium
units.
Report from the Planning Department.
The City Clerk advised that after the
agenda was printed, a letter was received
from Bradford C. Smith, Architect for the
applicant, in support of the request. In
addition, a letter was received from Owen
Minney, applicant, requesting this item be
continued to August 13, 1990.
Hearing no one wishing to address the
Council, motion was made to continue the
public hearing to August 13, 1990, as
requested.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The following actions were taken as indicated,
except for those items removed.
1. ORDINANCES FOR INTRODUCTION:
None.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 90 -72 approving the 0/C Cities
participation of the City of Yorba Arprt Auth/
Linda in the ORANGE COUNTY CITIES Jt.Pwrs Agm
AIRPORT AUTHORITY /JT. POWERS Res 90 -72
AGREEMENT (CONTRACT NO. 2542). C -2542
(Letter of request from City of Yorba (38)
Linda)
(b) Resolution No. 90 -73 establishing the Personnel
salaries of the City Manager, City CMgr /CAty/
Attorney and City Clerk for the 1990- CClrk Salry
91 Fiscal Year and amending the Res 90 -73
Classification and Compensation Plan (66)
to reflect said changes.
Volume 44 - Page 238
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July 9, 1990
3. CONTRACTS /AGREEMENTS:
MINUTES
(a) Approve continued use of ORANGE
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COUNTY JUVENILE COURT WORK PROGRAM
Crt Wrk Prg
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(CONTRACT NO. 2286); authorize the
C -2286B
Mayor and City Clerk to execute
(38)
renewal contract. (Report from
General Services Department)
(b) Removed from the Consent Calendar.
-
(c) Approve amended JANITORIAL
Universal
MAINTENANCE AGREEMENT FOR POLICE
Bldg Mntnc/
FACILITY WITH UNIVERSAL BUILDING
PD
MAINTENANCE (CONTRACT NO. 2741).
C -2741
(Memorandum from Police Department
(38)
w /amendment to agreement)
4. COMMUNICATIONS - For referral as indicated:
(a) To Aviation Committee for inclusion
0/C Arprt/
in the records, letter with newspaper
Noise Lvls
clipping concerning REDUCTION OF
(54)
AIRPORT NOISE LEVELS.
(b) To Deputy City Manager for reply,
COMCAST
letter from Vicki Zimmerman
CATV
concerning COMCAST CABLE agreement
(42)
with the City which prevents airing
of free public access programs in
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Newport Beach (Corona del Mar area).
(c) To Traffic Affairs Committee for
TAC
inclusion in the records, letter of
(85)
thanks from Ray La Rock concerning
support for proposed CROSSWALK AND
STOP SIGN CHANGES ON BALBOA
BOULEVARD.
(d) To City Librarian for inclusion in
Library
the records, letters of thanks and
(50)
appreciation for the NEW CENTRAL
LIBRARY from Lucille Kuehn and Jean
Kiger.
(e) To Traffic Affairs Committee for
TAC
response, letter from Andy Andersen
(85)
suggesting RAISED PEDESTRIAN
CROSSWALKS ON BALBOA BOULEVARD as a
safety measure.
(f) To Public Works Department for
PW
response, letter of protest from
(74)
Virginia C. Allen concerning OCEAN
FRONT ENCROACHMENT SOLUTION.
(g) To General Services Department for
GS
reply, letter from Minal D. Tapadiya
(44)
with suggestions and questions
concerning the CITY'S RECYCLING
PROGRAM.
Volume 44 - Page 239
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Copy of letter from Tony Wilson to
American Oceans Campaign, expressing
his concerns over the lack of
organization and educating the public
at the "ENVIRONMENTAL FESTIVAL,"
JUNE 24.
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's referral
to the claims adjuster:
(a) A. Lee Adair alleging his vehicle was Adair
hit in the right rear by City Police
automobile on Bristol Avenue, on June
20, 1990.
(b) Ronald J. Anton alleging his vehicle Anton
was towed in error from Villa and
30th Street on June 23, 1990.
(c) Gary P. Baranoski alleging personal Baranoski
injuries and damage to motorcycle as
a result of hitting oil slick on
Pacific Coast Highway near Dover
Drive on June 24, 1990.
(d) Joseph M. Bennett for personal Bennett
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injuries as a result of fall from
bicycle on 29th Street and boardwalk
(a portion which had been removed and
allegedly without proper barricades)
on May 20, 1990.
(e) Steven Hansen alleging personal Hansen
injuries and damage to bicycle as a
result of accident at 38th and
Seashore on February 11, 1990.
(f) Dennis McIntyre alleging City Truck McIntyre
spilled bucket of fluid which sprayed
his vehicle on June 26, 1990, at 55
Freeway and Baker Street; seeking
reimbursement to wash and wax vehicle
in the amount of $65.
(g) Arnold J. Schneider seeking Schneider
reimbursement of plumbing fees in
connection with sewer backup at 323-
323 1/2 Crystal Avenue, Balboa
Island, approximately April 7 and May
9, ].990.
(h) John F. Simpson alleging Police Simpson
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vehicle hit front bumper of his
parked car at Ocean Boulevard and
Channel Road on June 11, 1990.
Volume 44 - Page 240
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
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(i) Scott Swanson alleging damage to Swanson
personal belongings by City Police
Department at Newport Beach Police
Station on May 4, 1990.
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(j) Lynne J. Wetmore for Mabel G. Jensen Wetmore/
alleging Ms. Jensen's vehicle towed Jensen
and citation issued in error at 520
and 524 Via Lido Nord on June 9,
1990; seeking reimbursement.
(k) Vickie Zamora alleging windshield Zamora
damage to parked vehicle by City work
crews at 824 W. Bay Avenue on May 22,
1996.
(1) Rosabelle G. Zipagang alleging her Zipagang
parked car was backed into by City
Parks Division employee at parking
lot of Bank of America, San Miguel
and Ford Streets on June 12, 1990.
7. SUMMONS AHD COMPLAINTS - For denial and
confirmation of the City Clerk's referral
to the claims adjuster:
None.
S. REQUEST TO APPROVE /FILL PERSONNEL (66) .
VACANCIES:: (Report from the City Manager)
.
(a) One Maintenance Worker I, General
Services Department.
(b) One Newport Center Manager, Library
Department.
9. STAFF AND COMMISSION REPORTS - For Council
information and filing:
(a) 'Report to the City Manager regarding Planning
ACTIONS TAKEN BY THE PLANNING (68)
COMMISSION ON JUNE 21, 1990.
30. PUBLIC HEARING SCHEDULING - July 23, 1990;
(a) APPEAL APPLICATION OF DANA L. CARL /P 3382
FOR USE PERMIT NO. 3382. (88)
11. RELOCATING GARDEN PLOTS AT OASIS (CONTRACT Oasis
NO. 2773 (A) - Approve plans and Carden
specifications; and authorize the City Plots
clerk to advertise for bids to be opened at -2773
11:00 a.m. on August 15, 1990. (Report (38)
from Public Works Department)
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12. Removed from the Consent Calendar.
Volume 44 - Page 241
13. RESUBDIVISION N0, 925 Approve a Resub 925
subdivision agreement guaranteeing (84)
completion of the public improvements
required with Resubdivision No. 925
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(located at 520 Narcissus Avenue); and
authorize the Mayor and City Clerk to
execute the agreement. (Report from Public
Works Department)
14. RESUBDIVISION NO. 881 - Approve the Resub 881
improvement plans and specifications and (84)
accept the public improvements constructed
in conjunction with Resubdivision No. 881
(located at 3233 Broad Street, Newport
Heights) authorize the City Clerk to
release the Faithful Performance Surety
($1500 cash deposit into Account No. 02-
217-02, Receipt No. 52629 on May 4, 1990);
and release the Labor and Material Surety
($1500 cash deposit into Account No. 02-
217-02, Receipt No. 52629 on May 4, 1990)
in six months provided no claims have been
filed. (Report from Public Works
Department)
15. RESUBDIVISION NO. 911 - Approve a Resub 911
Subdivision Agreement guaranteeing (84)
completion of the public improvements
required with Resubdivision No. 911
(located at 3245 -3251 Broad Street and 476-
®
480 North Newport Boulevard); authorize the
Mayor and City Clerk to execute subject
agreement; and accept the Offer of
Dedication. of 15' radius corner cutoffs at
the corner of Broad Street and Bolsa Avenue
and at the corner of Newport Boulevard and
Bolsa Avenue. (Report from Public Works
Department)
16. NEWPORT BOULEVARD WIDENING /32ND STREET TO Npt Bl Wdng
COAST HIGHWAY PLANS, SPECIFICATIONS AND 32nd - PCH
AMENDED ENGINEERING SERVICES AGREEMENT C -2642B
(CONTRACT NO. 2642B) - Authorize the Mayor (38)
and City Clerk to execute the Amended
Engineering Service Agreement with
Williamson and Schmidt Consulting Civil
Engineers; approve plans and specifications
for Contract No. 2642B; and authorize the
City Clerk to advertise for bids upon
receipt of approval from CalTrans. (Report
from Public Works Department)
17. Removed from the Consent Calendar.
18. BUDGET AMENDMENTS - For approval: (25)
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BA -001, $29,805 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations to provide for
salaries and retirement adjustments for
City Manager, City Attorney and City Clerk;
General Fund,
Volume 44 - Page 242
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July 9, 1990
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Motion
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Motion
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Motion
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x
x
BA -002, $800 Transfer in Budget
Appropriations to provide for Newport
Shores Special refuse collection; General
Services- Refuse Fund. (Memo from General
Services Director w /letter from Newport
Shores Community Association)
Ia. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Public Works Department
recommending approval of RICHARD MILLER'S
REQUEST FOR NONSTANDARD IMPROVEMENTS, to
construct steps and raised planters 19
inches in height and pilasters 42 inches in
height encroaching into North Bayfront 34
inches, and planters 19 inches in height
and pilasters 42 inches in height
encroaching into Park Avenue 24 inches, at
101 North Bayfront, Balboa Island.
Council Member Watt reported that she would
like to meet with the applicant and the
Balboa Island Improvement Association
regarding this item; and therefore, moved
to defer action to July 23, 1990.
Richard
Miller /Non-
std Imprvms
101 NBay-
front/
Encrchm
(65)
2. Report from Marine Department recommending lHarbor Prm
approval of HARBOR PERMIT APPLICATION NO. Apll1105-
105 -2209 by Lynn Burnett to build a 2209
bulkhead bayward of 2209 Bayside Drive, (51)
subject to conditions in the staff report.
Judy Hodges, 2200 Bayside Drive, addressed
the Council and requested clarification of
Condition No. 5, which states: "That the
sand elevation on the bayward side of the
bulkhead be maintained at an elevation of
+3 Mean Lower Low Water (MLLW).
The City Manager responded that the area
referred to would be maintained as a beach
area and would not be built upon.
In view of the foregoing, motion was made
to approve the subject application, with
the five conditions set forth in the staff
report.
At this time, it was noticed someone else
wished to address this item; and therefore,
motion was made to reconsider this matter.
Craig Combs, 2231 Bayside Drive, addressed
the Council and questioned if at some point
in time, the residents easterly of 2209
Bayside Drive should decide to put in a
bulkhead, where would that bulkhead align
with the proposed bulkhead? He added that
he was not opposed to the Burnetts' request
for a bulkhead bayward of 2209 Bayside
Drive.
Volume 44 - Page 243
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Discussion ensued wherein it was pointed Harbor Prm
out that on May 14, 1990, the Council Apl#105-
reviewed a report from the Tidelands 2209
Affairs Committee and amended the Harbor
Permit Policies, Section 16.A to include
the following paragraph:
"U.S. Bulkhead Station 104 for the
addresses at 2209, 2223, 2227, 2231
and 2233 Bayside Drive:
Recommendation for bulkheads bayward
of the above properties shall require
a special permit approved by the City
Council. Staff recommendation for a
bulkhead at these properties shall
not exceed a point bayward of the
average high tide line established at
a point 40 feet landward of the face
of the bulkhead at the property at
2137 Bayside Drive, and then on a
straight line from that point to the
baywardmost point of the bulkhead of
the property at 2301 Bayside Drive."
It was further noted that the Tidelands
Affairs Committee and the City Council
established this policy in order to assist
in maintaining the established harbor
profile in this zone. The current Harbor
Permit application by Mr. Burnett for a new
bulkhead is consistent with the recently
adopted Harbor Permit Bulkhead section for
Bayside Drive. The staff has recommended
that the sand elevation on the bayward side
of the proposed sea wall be maintained by
the applicant at an elevation of +3 Mean
Lower Low Water. This will assist in
maintaining a sandy sloping beach profile
for the four lots immediately to the east
of the applicant that do not have
bulkheads.
The City Manager concurred with Mr. Combs
that Harbor Permit Policy H -1 will permit
the setback of 40 feet from the bulkhead
that is currently located at 2137 Bayside
Drive. However, the Policy does not
prohibit someone having a further setback,
which is what the applicant is requesting.
Lynn Burnett, 2209 Bayside Drive,
applicant, addressed the Council and stated
it was his understanding that the location
of the seawall line would run from 40 feet
landward from the Wheeler property to the
west; and that he, as a personal choice, is
electing to make an additional 30 foot jog
to preserve a sandy beach, which would not
be binding upon any other property owner.
Volume 44 - Page 244
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Motion
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Gion
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Motion
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Following discussion, it was indicated by
Mr. Combs that his concerns had been
addressed and he was satisfied with the
City Manager's explanation; and therefore,
motion was made to approve HARBOR PERMIT
APPLICATION NO. 105 -2209 FOR LYNN BURNETT,
subject to conditions inithe staff report.
3. Memorandum from City's Negotiating Team HNBPEA
recommending approval of tentative FY °90 -91
agreement for NEWPORT BEACH POLICE Negotiatns
EMPLOYEES ASSOCIATION (NBPEA) CONTRACT N0. C -2056
2056, FISCAL YEAR 1990 -91. (38)
George W. Shaeffer, Jr., Attorney
representing the Newport Beach Police
Employees Association, addressed the
Council and submitted a prepared statement,
which he read into the record regarding
their request for a year -round alternate
work schedule, and the City's
interpretation of Council Policy J -1.
In conclusion, the Association requested
City Management reconsider its position,
and permit: an alternate work schedule to
occur on a year -round basis, effective
October 1, 1990, and further, to reconsider
its approach to interpreting the J -1 Policy
in future negotiations.
There being no further comments or
discussion., motion was made to approve the
tentative agreement for the Newport Beach
Police Employees Association (NBPEA)
CONTRACT NO. 2056, FOR FISCAL YEAR 1990 -91.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 90 -32, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
SECTION 5.49.070 OF THE NEWPORT BEACH
MUNL:CIPAL CODE PERTAINING TO
PENALTIES IMPOSED FOR EXCESSIVE FALSE
POLICE AND FIRE ALARMS.
Recycled report from Business License
Supervisor.
Motion was made to adopt Ordinance No. 90-
32.
I. CONTINUED BUSINESS:
Ord 90 -32
Bus Lic/
False Alrm
(27)
1. Report from Assistant City Attorney PB &R/3218
concerning TREES PLANTED ON LARKSPUR AVENUE Ocean B1
PARKWAY - RESIDENCE AT 3218 OCEAN Trees
BOULEVARD. 1 (62)
Volume 44 - Page 245
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The City Manager summarized the report, in PB &R/3218
Commission's recommendation to remove the
trees. They were apparently unaware of the
May 14, 1990 action of the City Council.
The property owners were not afforded prior
written notice of the date and time that
the matter: would be considered by the City
Council. The trees have been planted in
the public right -of -way, but the property
owner retains an ownership interest in
them. The City Attorney's office believes
the property owner is entitled to due
process (notice of hearing) before the City
may order removal of the trees from the
public right -of -way.
"The City's Parks and Tree Maintenance
Superintendent has determined that the fair
value of the trees along with planting
costs is $4,000. The property owners have
claimed that their costs are higher, but
have not substantiated a specific amount.
The trees were included as part of the
total landscape costs of the property. If
the Council authorizes removal of the
parkway trees, it is requested that it
further authorize $4,000 as reimbursement
part, as follows:
Ocean Bl
Volume 44 - Page 246
Trees
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"In March., the property owners at 3128
Ocean Boulevard planted three trees in the
parkway on Larkspur adjacent to the
residence. The trees were planted
following procedures specified in Section
13.09.010 of the Newport Beach Municipal
Code and with the approval of Parks,
Beaches and Recreation Staff. Residents of
the 200 block of Larkspur Avenue objected
to the planting and asked the Parks,
Beaches and Recreation Commission to order
removal of the trees. The neighbors
objected to the trees because they
obstructed ocean and jetty views from some
of the homes on that block.
"On May 1, 1990, the Parks, Beaches and
Recreation Commission voted by a 4 -3 vote
to recommend removal of the trees and
forwarded its recommendation to the City
Council. The recommendation was considered
by the City Council as a Consent Calendar
Item at its May 14, 1990 meeting.
"On May 16, 1990, the property owners
appealed t:he Parks, Beaches and Recreation
Commission's recommendation to remove the
trees. They were apparently unaware of the
May 14, 1990 action of the City Council.
The property owners were not afforded prior
written notice of the date and time that
the matter: would be considered by the City
Council. The trees have been planted in
the public right -of -way, but the property
owner retains an ownership interest in
them. The City Attorney's office believes
the property owner is entitled to due
process (notice of hearing) before the City
may order removal of the trees from the
public right -of -way.
"The City's Parks and Tree Maintenance
Superintendent has determined that the fair
value of the trees along with planting
costs is $4,000. The property owners have
claimed that their costs are higher, but
have not substantiated a specific amount.
The trees were included as part of the
total landscape costs of the property. If
the Council authorizes removal of the
parkway trees, it is requested that it
further authorize $4,000 as reimbursement
to the property owners for the trees."
Volume 44 - Page 246
COUNCIL MEMBERS
ROLL_ C®LL�� July 9, 1990
MINUTES
776747
Motion
x
Motion was made to: Reconsider May 14, 1990 PB &R/3218
All Ayes
approval of Agenda Item F -9(a) regarding Ocean Bl
trees planted on Larkspur Avenue parkway - Trees
residence at 3218 Ocean Boulevard; and open
hearing on matter for reconsideration.
Michael E. Bayer, 3128 Ocean Boulevard,
addressed the Council in support of
retaining the three parkway trees on
Larkspur Avenue. He explained the
background history connected with this
matter, and stated he felt the subject
trees did not block anyone's views. He
also added. that parkway trees have been
allowed on 13 streets in Old Corona del
Mar, which intersect with Ocean Boulevard;
and therefore, he should have the same
privilege.
Betty Bot:torf, 221 Larkspur Avenue,
addressed the Council in opposition to the
planting of the parkway trees on Larkspur
Avenue. She stated that what little view
the residents have on Larkspur Avenue is
blocked by the subject trees, and thus
decreases the value of their homes.
The City Manager pointed out that in 1987,
the City Council adopted Council Policy I-
12 Obstruction of Views by Trees, which
states that trees, shrubs, or hedges should
not be maintained if they "unreasonably"
obstruct a view from other properties. In
view of said Policy, and inasmuch as the
petition submitted by residents on Larkspur
Avenue states that the three trees planted
by Mr. Bayer do "unreasonably" block views
from other properties, the staff felt the
trees should be removed.
The City Attorney suggested the following
finding be approved if the trees are to be
removed:
"That the trees planted on Larkspur
Avenue should be removed to further
the general welfare, in that the
trees currently block ocean and jetty
views from at least six residences on
Larkspur Avenue and the view impact
of the trees will increase as they
mature."
Council Member Sansone advised that he will
abstain from voting on this matter,
inasmuch as he is trustee of the estate at
212 Larkspur Avenue.
Volume 44 - Page 247
COUNCIL MEMBERS
G qe s f u c'O
ROLL CALL
Motion
Ayes
Abstain
•
Motion
All Ayes
is
L'_ M 'T i