HomeMy WebLinkAbout04/08/1991 - Regular MeetingCITY OF NEWPORT BEACH
CMMIL MEMBERS MINUTES
.O, REGULAR COUNCIL MEETING
�� PLACE: Council Chambers
S TINES 7:00 P.N.
ROLL CAL DATE: April 8, 1991
Volume 45 - Page 99
1173
(91)
Mayor Sansone presented a Proclamation to
Margaret McInnis of the Police Department in
recognition of Telecommunication Week in
Orange County, April 14 -20, 1991.
Mayor Sansone presented a Proclamation to Vic
Shereitt, in recognition of MAY 9, 1991, AS
MAYORS' PRAYER BREAKFAST DAY.
Mayor Sansone presented a Proclamation to
Virginia Herberts, Member of the Parks,
Beaches and Recreation commission, recognising
APRIL 26, 1991 AS ARBOR DAY.
Mayor Sansone presented a Proclamation to City
Librarian, LaDouna Kienits, in recognition of
NATIONAL LIBRARY WEER, APRIL 14 - 21, AND CITY
LIBRARY DAY, APRIL 17, 1991.
A. ROLL CALL.
Motion
x
B. Reading of Minutes of Meeting of
All Ayes
March 25, 1991, was waived, approved as
written and order filed.
Motion
x
C. Reading in full of all ordinances and
All Ayes
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
1. Mayor Sansone opened the public hearing
and City Council review of VARIANCE NO.
1173. A request of TIMM AND MARGARET
CRULL to permit the construction of a
single family dwelling which exceeds the
allowable 2 times the buildable area of
the site on property located in the R -2
and R -3 Districts. The proposal also
includes a modification to the Zoning
Code so as to allow portions of the
building to encroach 8 feet into the
required 8 foot front yard setback
adjacent to the bay. In addition to the
front yard encroachments, said
construction proposes to extend beyond
the original lot line adjacent to the
vacated portion of East Bay Avenue so as
to encroach an additional 3 feet 10
inches on the ground floor and 5 feet 3
inches on the second floor. Property
located at 1024 East Balboa Boulevard
and "C" Street, on Balboa Peninsula. -
Report from the Planning Department.
Volume 45 - Page 99
1173
(91)
nl
A
CITY OF NEWPORT BEACH
r 12, 131_
RML C\ \ \ \ \\\April 8, 1991
L1) I►II1�
ILEX
Volume 45 - Page 100
The City Clerk advised that after the
agenda was printed, a letter was
received from the applicant requesting
this hearing be continued to April 22,
1991, as he is out of town and is unable
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to attend -this meeting.
otion
x
Motion was made to continue this public
11 Ayes
hearing to April 22, 1991 as requested.
2. Mayor Sansone opened the public hearing
Estb /Grade
and City Council review of ESTABLISHMENT
222 Poppy
OF GRADE. A request of WESTON WHITFIELD
venue
ARCHITECTS, to establish grade for the
(68)
purpose of measuring building height in
accordance with Section 20.87.200 of the
Municipal Code for an existing developed
site on property located in the 24/28
Foot Height Limitation District.
Property located at 222 Poppy Avenue, on
the southeasterly side of Poppy Avenue,
between Seaview Avenue and Ocean
Boulevard in Corona del Mar.
Report from the Planning Department.
The Planning Director reviewed the
subject report; displayed a photograph
of the area taken many years ago; gave
a elide presentation showing the
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character of the area as it currently
exists; explained how "grade" is
measured; and described the elevations
on display.
It was noted that the Planning
Commission voted (5 Ayes, 2 Noes) to
approve the Establishment of Grade for
the subject property at its meeting of
March 7, 1991, with certain findings and
conditions of approval as set forth in
the staff report.
Gary Whitfield, Architect for the
applicants, addressed the Council and
stated that he reviewed the height
limit, setbacks, and building area
calculations with the staff, and it was
somewhat determined that this was the
right approach to the actual height that
was anticipated for the project. As a
result, he proceeded with the drawings.
He added that the living levels of the
building have been set away from the
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street and the farthest angle from the
curb itself is 22 feet. The house is
estimated to be a three -story home with
approximately 2800 square feet.
Volume 45 - Page 100
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
April 8, 1991
Chuck Sullivan, 300 Poppy Avenue /301
Hazel Avenue, stated he was unsure if he
was in opposition, or in favor of the
proposed project. He stated there is a
disparity in the elevation between the
Poppy side of the street and the Hazel
Avenue side, and the effect is that
houses that appear to be one -story on
Poppy Avenue come out looking like
three -story on what is the front of many
houses on Hazel Avenue. He stated he
was not opposed to the 1.5 buildable or
the proposed three -story home, but he
felt guidelines need to be established
for this "unique" neighborhood to
further prevent abuses to the Zoning
Code. Therefore, he suggested a
committee be appointed to develop said
guidelines for the subject area, and
that this hearing be continued for one
month.
Glen Salter, Attorney for the
applicants, addressed the Council and
stated that the proposed development
should be judged on its own merit and
not what has been constructed in the
area in past years. The applicants have
spent a considerable amount of money
preparing the plane for their home; the
Planning staff and Planning Commission
all agree with what the natural grade
is, and it would be inappropriate to
approve this project at existing grade.
He also does not feel it is fair to
penalize the property owners as it would
cost a substantial amount of money to
redesign the project. He felt the
natural grade is "reasonable" and
comparable with the grades of the
surrounding properties without the loss
of public views. He urged the Council
to sustain the action of the Planning
commission.
Mayor Pro Tem Turner asked the City
Attorney if the Planning Commission's
action was in "concert" with the intent
of the law, to which the City Attorney
replied in the affirmative.
The City Attorney pointed out that the
Council had two choices with respect to
this project: 1) determine that natural
grade is the appropriate grade, or 2)
determine that finish grade as
established in the fifties is the
appropriate grade. He added that the
Council does not have the option to
split the difference or modify the
structure.
Volume 45 - Page 101
MINUTES
/Grade
poppy
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Motion
•
All Ayes
is
COUNCIL MEMBERS
X
CITY OF NEWPORT BEACH
MINUTES
April 8, 1991
Following discussion, the public hearing
was closed.
Mayor Sansone indicated he was not
opposed to the revised plans, inasmuch
as some bulk has been reduced from that
which faces Hazel Avenue. However, he
also agrees with Mr. Sullivan that some
guidelines need to be established for
future design in this area. He stated he
was not concerned with the proposed
project because it is a new development,
but that he does have concerns with
"remodels."
In view of the foregoing comments, Mayor
Sansone made a motion to sustain the
decision of the Planning Commission; to
follow the suggestion of Mr. Sullivan to
establish a committee to study the area
in question with regard to new
development standards; and further, that
no construction be allowed in this area
until those new standards have been
established.
Mayor Sansone requested that the
committee particularly look at the
setbacks on Hazel Avenue, as well as the
feasibility of having all entrances off
Poppy Avenue.
The City Attorney advised that he would
prepare an emergency ordinance for the
next Council meeting prohibiting any
construction in the subject area until
a time certain.
The motion on the floor was voted on and
carried.
Poppy
3. Mayor Sansone opened the public hearing Vacation/
regarding VACATION AND ABANDONMENT OF A Abandonment
PORTION OF AN ALLEY LOCATED BETWEEN Prtn Alley
BELVUE- LANE (WALKWAY) AND "M" STREET Belvue Ln/
NORTHERLY OF MIRAMAR DRIVE, LOCATED IN Miramar Dr
THE PENINSULA POINT AREA. (90)
Report from the Public Works Department.
The City Manager noted that the utility
companies have no objection to the alley
abandonment as there are no public
utilities in the portion of the alley to
be abandoned. The existing alley right -
of -way is 35, with an improved.width of
approximately 201.
Volume 45 - Page 102
ROLL CALL
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Motion
All Ayes
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0
CITY OF NEWPORT BEACH
COUNCIL MEME;S MINUTES
x
April 8, 1991
Mr. Ronald Knudtson, 2022 Miramar Drive,
one of the property owners requesting
the vacation and abandonment of the
alley, addressed the Council and stated
that the reason for their request is to
construct a new two -car garage. They
currently have a nonconforming one -car
garage.
Hearing no one else wishing to address
the Council, the public hearing was
closed.
Motion was made to adopt Resolution No.
91 -31 ordering the vacation and
abandonment of a portion of the alley
located between Belvue Lane (walkway)
and "M" Street northerly of Miramar
Drive as shown in the attached exhibit;
and direct the City Clerk to have the
resolution recorded by the Orange County
Recorder, subject to the completion of
the items listed in the staff report.
4. Mayor Sansone opened the public hearing
regarding Proposed ORDINANCE NO. 91 -16,
being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ADDING CHAPTER 20.08 OF THE
NEWPORT BEACH MUNICIPAL CODE
ESTABLISHING TRANSPORTATION DEMAND
MANAGEMENT REQUIREMENTS FOR
CERTAIN NEW DEVELOPMENT.
Recycled "Revised" report dated March
25, 1991 from the Air Quality Management
Plan Coordination Committee.
The City Manager reviewed the history
connected with this issue, noting that
last year both Proposition 111 and M
were approved, which imposed taxes for
partial reimbursement to cities,
counties and transportation commissions
for the improvement of freeways, streets
and some railway. These bills required
a congestion management plan prepared
for the region or the county. The
County of Orange, in conjunction with
the Orange County Transportation staff,
as well as some of the cities within the
County, have been actively working on
the transportation demand ordinance to
satisfy the requirements of the
congestion management plan. All of the
cities in Orange County have been given
Volume 45 - Page 103
91 -31
Ord 91 -16
TDM Reqms
Zoning
(94)
CITY OF NEWPORT BEACH
Z\R\
�������� April 8, 1991
LL
MINUTES
INDEX
Volume 45 - 104
a copy of the draft transportation
TDM Rqms
demand ordinance with the request that
Zoning
something similar be adopted by the
Council and transmitted to the County,
who will then transmit the ordinance to
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the AQMD and SCAG for approval and
compliance. He further pointed out that
the City must have a congestion
management plan in order to be eligible
for the new gas tax revenues approved by
the voters last June, and the proposed
ordinance should be adopted by the end
of April 1991.
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Mayor Pro Tem Turner stated he did not
have a problem with the intent of the
proposed ordinance, but he did have some
concerns with respect to the following
areas:
Section 20.08.070 (i), (ii),
(iii), and Section 20.08.080 -
Equivalent Facilities
Mayor Pro Tem Turner stated he felt a
system should be set up whereby the
applicant could contribute an equivalent
cash value to something like the OCTA,
so that it can be used for public
transportation. He also indicated he
felt there were too many loose ends that
needed to be addressed on this issue
prior to adoption of the proposed
ordinance.
During discussion of the subject
document, the following revisions were
made:
Section 20.08.070 - Site
Development Requirements. second
sentence to be deleted which
states: Each development shall
include as a minimum:
Section 20.08.080 - Equivalent
Facilities. First sentence
amended to read: "The project
applicant shall have the option of
deleting or modifying any or all
of the Site Development
Requirements if equivalent
facilities or measures are
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provided."
Mike Erickson, Divisional Vice - President
of Transportation for The Irvine
Company, addressed the council and
stated he has been working with some
other cities on their transportation
Volume 45 - 104
XCULTAONVIj h 13Z-
ON,
CITY OF NEWPORT BEACH
April 8, 1991
Volume 45 - Page 105
MINUTES
Finance
Res 91 -32
(40)
Parking/
Master
Permit
Res 91 -33
(85)
CNB /Orng
Irvine/
Tustin Av-
Resrfcg
C -2860
(38)
demand management requirements, and
related what changes the City of Tustin
made in their plan. In response to the
changes made in the foregoing, Mr.
Erickson indicated he felt the changes
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allowed some flexibility which might be
needed at some point in time.
Motion
x
Hearing no others wishing to address the
All Ayes
Council, motion was made to continue
this public hearing to April 22, 1991,
and to reintroduce Ordinance No. 91 -16
as revised in the foregoing.
E. PUBLIC COMMENTS:
Jerry Mora, Jerry's Terrycloth Hull
Cleaning Service, addressed the Council
regarding pollution in the bay due to
certain types of materials some boat
cleaners use. He distributed his
business card and invited Council
Members to observe his method of
cleaning boats without adding pollution
to the bay.
F. CONSENT CALENDAR?
M
x
The following actions were taken as indicated,
A es
except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
None.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 91 -32 determining
and establishing an APPROPRIATIONS
LIMIT for fiscal year 1990 -91 in
accordance with Article BIIIB of
the California Constitution and
Government Code Section 7910.
[Report from City Manager]
(b) Resolution No. 91 -33 creating a
MASTER PARKING PERMIT to be valid
at all metered parking, as well as
the two beach lots and
establishing the fee for said
permit. [Report from the
Offstreet Parking Committee]
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3. CONTRACTS /AGREEMENTS:
(a) Authorize the Mayor and City Clerk
to execute Cooperative Agreement
No. 90 -287 with the County of
.
Orange for IRVINE AVENUE AND
TUSTIN AVENUE RESURFACING.
[Report from the Public Works
Department]
Volume 45 - Page 105
MINUTES
Finance
Res 91 -32
(40)
Parking/
Master
Permit
Res 91 -33
(85)
CNB /Orng
Irvine/
Tustin Av-
Resrfcg
C -2860
(38)
CITY OF NEWPORT BEACH
CS.4 ri2;I:j3 :;l
s.
MINUTES
INMY
Volume 45 - Page 106
4. COMMUNICATIONS - For referral as
indicated:
(a) To Deputy City Manager for reply,
Annexation/
request from Scott T. Wetzel for
Npt Hghts
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ANNEXATION TO NEWPORT BEACH
(21)
REGARDING PROPERTY AT 330 VISTA
BAYA, NEWPORT HEIGHTS.
(b) To Utilities Director for reply,
Utilities
letter from William O. and Jeanne
(89)
R. Muff offering WATER RATIONING
SUGGESTIONS.
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(c) To Pending Legislation and
Legislation
Procedural Ethics Committee,
(48)
Resolution No. 8312 of the
Metropolitan Water District of
Southern California urging
immediate adoption of state and
local regulations to REDUCE WATER
USE.,
(d) To Parks, Beaches and Recreation
PB &R
Department for reply, letter of
(62)
concern from the Newport Beach
TOWnhomes Homeowners Association
regarding installation of
BASKETBALL COURT IN THE CITY PARR
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OFF RIVER DRIVE.
S. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Baxter- Griffin Company seeking
Baxter -
indemnity from claim filed by
Griffin Co
Riley vs. State of California, at
al, for personal injuries and
wrongful death at Pacific Coast
Highway and Jamboree Road on
March 12, 1990.
(b) Richard W. Bisbee alleging false
Bisbee
arrest, etc., at 406 S. Bayfront,
Balboa Island on December 20,
1990.
(c) G & W Towing, Inc., seeking
G & W Tow'
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indemnity from claim filed by
Theodore Hampton Mortenson, Jr.,
regarding accident at corner of
19th Street and Balboa Boulevard
on December 29, 1989.
Volume 45 - Page 106
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CITY OF NEWPORT BEACH
I.ii.IM
April 8, 1991
(d) Paula Harold alleging property
damage to carpet /tile as a result
of flooding at 130 44th Street on
March 1, 1991, caused by city
water valve not being closed off
properly.
(e) James R. Ireland seeking indemnity
from claim filed by John Urlakis
regarding multiple automobile
accident occurring at intersection
of .jamboree and SR -1, East Coast
Highway on March 12, 1990.
(f) Christopher and Dianna Juergens
alleging personal injuries as a
result of accident at San Joaquin
Hills Road and State Route 73 on
September 22, 1990.
(g) Joseph I. Kidushim alleging
contractor working outside of his
home caused damage to his kitchen
tile because of tractor vibration
at 4905 1/2 Seashore Drive during
February -March 1991.
(h) Robert Bruce McManigal alleging
false arrest, etc., on December
20, 1990 at 406 S. Bayfront,
Balboa Island.
(i) William A. McPeck alleging
personal injuries as a result of
trip and fall over stakes placed
in sidewalk at Balboa and 22nd
Street on December 18, 1990.
(j) James J. Olsen alleging his
bracelet was left in Police
vehicle when arrested on March 1,
1991.
(k) Steve P. Rados, Inc., for
Indemnification and Declaratory
Relief based on claim filed by
Julia A. and Everett L. Thompson
for personal injuries sustained on
or about April 3, 1990, on Bike
Trail near flood control project
on the Santa Ana River near
Pacific Coast Highway /City of
Huntington Beach; complaint filed
on September 24, 1990 in Orange
County Superior Court, Case Ho.
634396.
Tnr,
(1) Southern California Gas company So CA Gas
alleging gas facilities damaged at
206 Topaz on March 6, 1991 by B &
A Construction, who were under
contract with the City.
Volume 45 - Page 107
6 -13X r
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CITY OF NEWPORT BEACH
April 8, 1991
MINUTES
Volume 45 - Page 108
(m) Pat Stacy alleging damage to
Stacy
vehicle as a result of being hit
by City Police vehicle while
stopped at red light at Jamboree
and San Joaquin Hills Road on
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March 19, 1991.
(n) Steve Stafford alleging his
Stafford
vehicle's windshield was damaged
by skiploader doing construction
work for the City on March 21,
1991 at River Avenue and 41st
-
Street.
(o) Christine L. Terra alleging
Terra
personal injuries as a result Of
fall over exposed pipe along
beachside of sidewalk on March 9,
1991.
(p) Sandra D. White alleging left
White
front wheel rim damaged on March
11, 1991 as a result of pothole in
street on Jamboree Road.
(q) Nabila Sabaneh alleging vehicle
Zabaneh
lost two hubcaps due to
construction under the bridge at
Newport Boulevard and Pacific
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Coast Highway on March 2, 1991.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Leo M. Jacobsen for indemnity from
Jacobsen
claim filed by John Urlakis,
Orange County Superior Court, Case
No. 647615.
(b) Joe Maestas, Orange County
Maestas
Superior Court, Case No. 652874.
Claim was denied by City Council
on October 8, 1990.
(c) Pacific Bell Corp., Orange County
Pac Bell
Municipal Court, Case No. 9006540.
S. REQUEST TO APPROVE /PILL PERSONNEL
(66)
VACANCIES: (Report from the City
Manager)
(a) One Police Officer, Police
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Department.
(b) One Principal Planner, Planning
Department.
(c) One Librarian - Reference, Library
Department.
Volume 45 - Page 108
CITY OF NEWPORT BEACH
COUNCIL HERS
ROLL \ \ \ \ \�� \\ April 8, 1991
201wp
IT, 51731
Volume 45 - Page 109
9. STAFF AND COMMISSION REPORTS - For
Council information and approvals
(a) Report from Parks, Beaches and
PBSR
Recreation Director announcing
(62)
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that the City of Newport Beach has
again been designated for the
second consecutive year as a TREE
CITY USA.
(b) Report from the Deputy City
Organiz/
Manager recommending approval and
AQMD
authorization for the Mayor to
(61)
sign a letter to the AQMD
regarding AIRCRAFT AIR POLLUTANT
EMISSIONS.
(c) Memorandum from City Manager
NB Conf/
-
concerning NEWPORT BEACH
Visitor's
CONFERENCE AND VISITOR'S BUREAU
Bureau
(CONTRACT No. 2638) REPORTS.
C -2638
(38)
.
(d) SOUTHERN CALIFORNIA EDISON COMPANY
franchise statement for Calendar
So CA Edisc
Year ending December 31, 1990.
(42)
(e) Report from the Marine Department,
Council
Tidelands Administrator requesting
Policy H -1
addition to CITY COUNCIL HARBOR
(69)
PERMIT POLICIES H -1, in reference
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to Design of Structures.
(f) Removed from the Consent Calendar
(refer to agenda item G. 1 for
Council action).
(g) Removed from the Consent Calendar
(refer to agenda item G. 2 for
Council action)
10. PUBLIC HEARING SCHEDULING:
None.
11. 30- WATER LINE RELOCATION ACROSS THE
S /Ana Rvr
SANTA ANA RIVER (CONTRACT NO. 2655 -A) -
Wtr Ln Rlci
Accept the work; authorize the City
C -2655A
Clerk to file a Notice of Completion and
(38)
release the bonds 35 days after the
Notice of Completion has been recorded
in accordance with applicable portions
of the Civil Code. [Report from the
Public Works Department]
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12. HUMAN SERVICES BUILDING AT OASIS
Oasis /Humax
(CONTRACT NO. 2773) - Approve the plans
Sery Bldg
and specifications and authorize the
C -2773
City Clerk to advertise for bids to be
(38)
opened at 11:00 a.m. on June 12, 1991.
[Report from the Public Works
Department]
Volume 45 - Page 109
2M
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Motion
All Ayes
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X
CITY OF NEWPORT BEACH
MINUTES
April 8, 1991
13. RESUBDIVISr.ON NO. 946 - Accept the offer Resub 946
of dedication of a ten foot radius (84)
corner cut -off at the southwesterly
corner of 12th Street and West Balboa
Boulevard. [Report from the Public
Works Department)
14. LIDO ISLE STREET LIGHT REPLACEMENT Lido Isle
(CONTRACT NO. 2727) - Approve plans and St Light
specifications; and authorize the City Rplcm
Clerk to advertise for bids to be opened C -2727
at 11:00 a.m. on May 9, 1991. (Report (38)
from the Public Works Department)
15. COUNCIL TRAVEL AND EXPENSE - Approve Couu
Travel Authorization and Expense Record Expe
for Evelyn Hart in the amount of $286 to (33)
attend League of California Cities
Planning Meeting in Monterey, March 21 -
22, 1991.
16. BUDGET AMENDMENTS - For approval: 1(40)
BA -036, $2,000 Transfer in Budget
Appropriations for City Council Travel;
City Council Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Traffic Affairs
Traffic/
Committee requesting affirmation of the
190 -91
priority list for 1990 -91 ROAD BUMP
Road Bump
PRIORITY with funds in the current
Priority,
budget, with letter from Cheryl Kay
(85)
Livingston not in favor of speed bumps
on Lido Island.
Motion was made to refer the subject
report back to staff for additional
review, with the exception of the road
bumps which were approved for Grand
Canal alley between North Bayfront alley
and Park Avenue on Balboa Island.
Mayor Pro Tem Turner stated he felt this
will give the City Attorney an
opportunity to resolve the issue of how
speed laws can be enforced in
residential neighborhoods, etc., prior
to adoption of the road bump priority
list.
2. Report from the City Manager concerning Ocean Front
BEACH ENCROACHMENT ISSUE. Beach Encra
(68)
It was noted in the subject report that
the City staff has now concluded the
detailed negotiations with the staff of
the Coastal Commission, the City's
handicap consultant, and other
interested agencies. As a result of
Volume 45 - Page 110
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Motion
Ll
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CITY OF NEWPORT BEACH
MINUTES
April 8, 1991
INDEX
these negotiations, the resolution of Ocean Front
the beach encroachment issue in the City Beach Encrch
of Newport Beach along the oceanfront is
ready for submittal to the Coastal
Commission. It is proposed that the
Coastal Commission consider these issues
and act upon them before the City
instigate the necessary local public
hearings to consider amendments to the
City's local coastal program. It is
believed that the subject resolution of
the beachfront encroachment issue can be
presented to the Coastal Commission by
May of this year. If so, this will
permit June and July for the necessary
public hearings before the city council.
If the City can conduct the public
hearings, take the necessary public
testimony and conclude this issue in
July, the permit process can be
established prior to October 22, 1991.
Council Member Hedges stated he felt the
City Council should hold a public
hearing on the beachfront encroachment
issue referred to in the subject report
prior to its consideration and hearing
by the Coastal Commission, and
therefore, made a motion to this effect.
Council Member Hedges stated he felt the
Council would be putting the "cart
before the horse" if it allows the
Coastal Commission to consider the
proposed plan prior to it being publicly
heard by the City Council.
The City Manager pointed out to the
Council that the City's proposed plan
relative to the oceanfront encroachment
issue was considered by the Coastal
Commission some months ago, but was not
approved because of a tie vote. As a
result, the Commission directed their
staff to meet with City staff to work
out some details with the plan which
would be acceptable with the Coastal
Commission staff. Those negotiations
have taken place and the matter is now
back on the agenda for approval. Once
the Coastal Commission has concluded
their hearing on this issue, the item
will come back to the City for public
hearings to determine if the City agrees
with the Commission's amendments to the
plan.
Volume 45 - Page 111
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'?tion
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All Ayes
•
x
CITY OF NEWPORT BEACH
MINUTES
April 8, 1991
Council Member Cox commented that he Ocean Front
does not agree with Council Member Beach Encrch
Hedges, as he felt the "ball is still in
the Coastal Commission's court," and
that this is part of the negotiation
process. He also felt that this matter
is not being taken out of context; and
therefore, made a substitute motion to
support the staff's recommendation to
transmit the City's resolution of the
beach encroachment issue to the Coastal
commission.
The City Attorney advised that the
Coastal Commission staff has made no
commitment that the Commission will
accept this particular proposal, and he
thinks it is fair to say that City staff
has made no commitment on the part of
the Council (since it cannot), that the
City Council will accept this proposal.
The Commission may decide that the
proposal is not appropriate and come up
with something entirely different.
Council Member Hedges stated that after
hearing the above explanation of the
City Attorney, he will support the
substitute motion, but he does so
reluctantly, as he feels the revised
plan may not get a fair hearing at the
City level if the Coastal Commission
approves the plan in any form. I think
the City will be very reluctant to
revisit the issue once the Coastal
Commission comes up with a certain
approved plan for the beachfront
encroachment issue.
The substitute motion was voted on and
carried.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 91 -17, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 14.16 OF THE
NEWPORT BEACH MUNICIPAL CODE TO
ESTABLISH WATER CONSERVATION AND
RATIONING PROGRAM.
Recycled report dated March 25, 1991,
from the Utilities Department.
The Utilities Director reported that the
residents of Newport Beach achieved a
32.38 reduction lin water use during a
period when only a 208 reduction was
required. The Metropolitan Water
Volume 45 - Page 113
Ord 91 -17
Utilities/
Wtr Cnsrvtn
Rationing
Frg
(89)
0
Mo�
Motion
Ayes
Noes
All Ayes
r1
u
U-
CITY OF NEWPORT BEACH
MINUTES
April 8, 1991
District (MWD) is voting today on a new
Utilities/
allocation level which their staff has
Wtr Cnsrvtn
x
Rationing
30% scheduled for April. The Utilities
x
Committee is recommending that in order
to have a rationing and conservation
program in place, if the water situation
x
x
consideration be adopted. The Committee
also felt the resolution putting into
x
rationing program not be adopted or
x
x
x
x
MINUTES
April 8, 1991
District (MWD) is voting today on a new
Utilities/
allocation level which their staff has
Wtr Cnsrvtn
indicated would be a reduction from the
Rationing
30% scheduled for April. The Utilities
prg
Committee is recommending that in order
to have a rationing and conservation
program in place, if the water situation
deteriorated, that the ordinance under
consideration be adopted. The Committee
also felt the resolution putting into
effect the various phases of the
rationing program not be adopted or
implemented until there is a better
understanding of what MWD will be doing,
or if the residents are not able to meet
the cutback voluntarily. If the subject
ordinance is adopted, it will activate
permanent water usage restrictions, such
as requiring no serving of water in
restaurants, no watering of sidewalks
with the hose, etc., as well as
implement the penalties.
The Utilities Director recommended a
nonsubstantive change to the proposed
ordinance in Section 14.16.050 - Water
Conservation Phases - A through I -
(revising the percentage figures), to
which there were no objections.
Council Member Hart complimented the
residents of the City for their
favorable response to conserving water,
and made a, motion to adopt Ordinance No.
91 -17 as revised.
Council Member Hedges made reference to
a report he had just recently submitted
to the Utilities Committee on this
issue, and stated the Committee may want
to recommend some changes in the subject
ordinance as a result of his report; and
therefore, he made a substitute motion
to reintroduce the subject ordinance and
refer it to the Utilities Committee for
report back on April 22, 1991, which
motion FAILED.
The motion to adopt the ordinance was
voted on and carried.
I. CONTINUED BUSINESS:
None.
Volume 45 - Page 113
Motion
Motion
Ayes
Noes
CITY OF NEWPOW BEACH
0 xkx
X
XI XI XI XI XIX IX
April 8, 1991
J. CURRENT BUSINESS:
1. Report from the Parks, Beaches and
Recreation Director regarding STREET
TREE APPEAL. - TOMLINSON RESIDENCE, 1027
MARINERS DRIVE.
It was noted that the Parks, Beaches &
Recreation Commission at their meeting
of March 5, 1991 by a 5 -2 vote
determined that the subject trees should
be retained.
Photographs of the trees were
distributed to the Council.
Elizabeth Tomlinson, 1027 Mariners
Drive, appellant, addressed the Council
in support of her request to remove the
two eucalyptus trees in front of her
home, with the following comments: one
of the trues is more than 45 feet tall
and the other is over 50 feet. The trees
are planted in much too narrow of an
area for the size of the trees and the
roots are raising the sidewalk and grass
area. The trees also create a hazard for
anyone getting out of their car to the
sidewalk. She stated she would like to
replace the trees with possibly a ficus
or flowering type tree, but is not that
particular as to the selection.
Council Member Turner indicated he felt
the damage? to the sidewalk was minimal,
and inasmuch as the trees are still very
healthy, he will move to uphold the
decision made by the Parks, Beaches and
Recreation Commission to retain the
trees.
Substitute motion was made to approve
the appeal of Ms. Elizabeth Tomlinson
requesting removal of two Eucalyptus
Citriodora parkway trees at 1027
Mariners Drive; with the condition that
the replacement trees be determined by
the Parks, Beaches and Recreation
Department in accordance with the
official Street Tree list, and that the
applicant be responsible for the cost of
removing and replacing said trees, which
motion carried.
Volume 45 - Page 114
MINUTES
Tomlinson
(62)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
ROLL \ Y \ \T \\ April 8, 1991 INDEX
•
Meeting adjourned at 9:25 p.m.
x x x x x x x x x x x x x
The agenda for this meeting was posted
on April 4, 1991, at 9:15 a.m., on the
City Hall Bulletin Board located outside
of the City of Newport Beach
Administration Building.
ATTEST:
ty
Volume 45 - Page 115