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HomeMy WebLinkAbout08/26/1991 - Regular Meeting• Present Motion All Ayes Motion All Ayes • #, COUNCIL MEMBERS REGULAR COUNCIL MEETING x x x x x X PLACE: Council Chambers DATE: August 26, 1991 Sansone presented Certificate of iation to Karen Evarts, former member, of Library Trustees. Mayor Sansone presented Proclamation to Sharon O'Brien, President of Marine Division, Newport Harbor Area Chamber of Commerce in recognition of Clean Harbor Day II on September 21, 1991, and proclaiming the week of September 14 -21 as California Coast Week - Coastal Cleanup in Newport Beach. A. ROLL CALL. B. Reading of Minutes of Meeting of August 12, 1991, was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Sansone opened the public hearing and City Council review regarding proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH NEW BUILDING HEIGHT STANDARDS FOR THE CORONA HIGHLANDS RESIDENTIAL AREA, MORE SPECIFICALLY IDENTIFIED AS TATS 4- 190, TRACT NO. 1237. (Planning Commission Amendment No. 737). Report from the Planning Department. Letter from Corona Highlands Property Owners Association, suggesting revisions to proposed ordinance, along with letters from Chairman of Corona del Mar Residents Association, Deborah Sperberg for Concerned Corona Highlands Residents, H. Lloyd Taylor, and Alex and Betty Krantz in support of the recommendation of Corona Highlands Property Owners Association. Petitions with 135 signatures, supporting proposed ordinance, but suggesting revisions as enumerated in letter from Corona Highlands Property Owners Association, dated August 18, 1991. Letters from Michael L. Toerge, Scott Purcell, and Robert Englander, opposing the proposed ordinance. Petitions containing 13 signatures opposing proposed ordinance. The City Clerk advised that after the agenda was printed, 13 additional letters were received in response to the proposed ordinance from the following: Volume 45 - Page 257 MINUTES Stds (94) INDEX 737 � is r a•� VNI'�*N\ August 26, 1991 ROLL CALL N MINUTES Corona High- lands Cared N. Smith, 424 Rivera Terrace Mr. & Mrs. James N. Conway, 1639 Harbor Crest Circle William Hill, Jr. & Lydia Hill, 412 Mendoza Terrace • Mark Cardelucci, 455 Cabrillo Terrace Geraldine Retallick, 444 Morning Canyon Road Larry D. Lynch, 464 Serra Drive Robert B. King, 428 River Terrace Brian Sandberg, Past President, Corona Highlands Peter M. Ochs, 444 Isabella Terrace Fred & Linda Hart, 432 Isabella Terrace Mrs. Pauline Pease, 447 Morning Canyon Road Evelyn W. Smity, 437 Morning Canyon Road The City Clerk also reported that a letter dated August 22, 1991, had been received from the Corona Highlands Property Owners Association, stating that as a result of a meeting with the Mayor, City Attorney, Planning staff, etc., they are now in concurrence with the revised language recommended by the City Attorney for the proposed ordinance. • The City Manager referenced a colored chart depicting the proposed Corona Highlands height limits, and stated that the basic height limit in Corona Highlands is 24 feet, with the possibility of going as high as 28 feet, providing certain conditions are met. It is now proposed that this basic height limit be changed to 22 feet for Area No. 3 (red) above the highest finished elevation on the building site; that the proposed permitted height limit for Area No. 1 (green) be 16 feet above existing grade anywhere on the lot; and that the height limit be 16 feet above the highest finished elevation on the building site for Area No. 2 (blue). The City ,Attorney commented that the purpose of the meeting held on August 22, 1991 with representatives of Corona Highlands Property Owners Association and Planning staff, was to review the ordinance as presented to the Planning Commission to make sure it reflected the intent of the staff. As a result, minor changes have been made in the document, and the City Council has since been given a revised copy of the ordinance. The changes are not considered substantive, and the • ordinance still establishes three separate height limit zones for the Corona Highlands area. Volume 45 - Page 258 MINUTES Corona High- lands NTT , ,I to 11; COUNCIL MEMBERS +�� � f August 26,1991 ROLL CRLL It was noted that at its meeting of July 18, 1991, the Planning Commission recommended that the City Council not introduce the proposed ordinance (6 ayes, 1 no). It was the Planning • Commission's opinion that the Corona Highlands Community Association should work toward developing, a better means for the enforcement of their own CC&R's and not look to the City to solve their enforcement: problems. It was the Planning Commission's further opinion that the Community Association had not adequately demonstrated that a majority of the homeowners in Corona Highlands were in support of the proposed ordinance. If the Council overrules the decision of the Commission, the net affect of the change will result in three separate height limit standards for the Corona Highlands area and two different methods for the measurement of building heights. Following clarification of the proposed ordinance by staff, Mayor Sansone announced that public testimony would be taken at this time. H. Lloyd Taylor, 453 Mendoza Terrace, spoke in support of the ordinance and stated that three meetings were held to review the proposal and canvass the community, and as a result, 80.2% • property owners voted on this issue with 91.7% in favor, which represents 73.5% of all property owners. The opponents represent 8.3% of all voters and 6.78 of all property owners. He displayed a geographical chart of the area depicting those property owners who voted in favor and against, and those residents who took no position. Hal Woods, 2919 Cliff Drive, Newport Heights, stated he was representing six of his friends who will be affected by the Council's decision on this matter, and that he felt the proposed ordinance is too restrictive and should be re- evaluated in order to be more equitable for all property owners. Robert Englander, 452 Mendoza Terrace, stated he was not opposed to the proposed ordinance, nor was he totally in support of the change. He stated that his concern is that none of the property owners were given the opportunity to vote on the matter of "from where the measurement is taken." He referenced his letter dated August 19, 1991, which states, in part, "The CC &R's are quite plain in that the original premise was • to preserve the views they all cherish, and he would hope that the City Council can help the property owners to keep their views intact, just as the original CC &R's had intended. volume 45 - Page 259 MINUTES lands High- COUNCIL MEMBERS ROLL CRLL N • • August 26, 1991 Richard Lewis, 535 Seaward Road, stated he felt the proposed ordinance had some merit; however, he does have some concerns with the suggested 22 foot height limit for lots 174 through 180 in terms of preserving views. He submitted two photographs of the referenced lots showing where views would be blocked if the ordinance is approved. He stated he was opposed to this one aspect of the ordinance, and indicated he felt the proposed height limit for the above - mentioned lots should be reconsidered. Brian Sandberg, 444 Cabrillo Terrace, in response to the above comments, indicated that the reason lots 174 though 180 were designated for Area 3 is that the parcels have a relatively flat building pad. Ross W. Feinberg, 1961 Port Province Place, Attorney representing certain property owners in Corona Highlands, stated that he wanted to point out that the Corona Highlands Property Owners Association are not bound by CC &R's per se; however, they do have a document written in 1949 entitled "Declaration concerning Restrictions and Improvement:s," which is a series of use restrictions, that can be enforced only by individual homeowners. Also, membership is not mandatory in the Corona Highlands Property Owners Association, and the Association has absolutely no enforcement power. In response to the above remarks, the City Attorney emphasized that the difficulty in enforcing CC&R's, use restrictions, private contracts, etc., should not be a factor in the Council's decision relative to this matter. The question under consideration by the City Council is whether or not the special height limits will preserve the public views identified in the staff report; the special. charm and character of the neighborhood; and the feeling of openness one gets when they drive through the area. These are the public interests that are preserved by height limits of this nature and the Council should focus on only these issues. Michael Toerge, 448 Mendoza Terrace, stated he was opposed to the proposed ordinance, and would like to see the CC &R's more restrictively interpreted. He referred to his letter of July 23, 1991, which states, in part, "that he believes the proposed ordinance validates an interpretation of the CC &R's that is wrong; such a validation in the public's eye will negatively affect their ability in the future to enforce the height limitation written into the CC &R's." If the language in the ordinance reads "...16' from the pad elevation of the primary residents .. " he and many others would support the proposal. This would effectively make Volume 45 - Page 260 DU lands High- CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL Cfl \� \ \� \�¢ \\ August 26, 1991 • the height limit lower than the Homeowners Association has proposed and therefore, contribute more to the preservation of views and charm of their neighborhood. He also felt that many of the supporters have not read the full text of the ordinance or they would not be in favor of it as he felt it contains many potential "loopholes." Cared N. Smith, 424 Rivera Terrace, spoke in support of the proposed ordinance and submitted 12 photographs of homes In the area (4 structures in excess of the 16' height limit) which show public views and the character of the area. He stated their community is unique in that it is not a cut and fill subdivision which allows not only views from private lots, but from public streets as well. The lots in Corona Highlands have varying degrees of slope and shapes; there are odd shaped lots, rectangular lots, flat lots, etc., and they have rolled curbs with basically no driveway aprons and no sidewalks. He urged the Council to vote favorably on this matter. Jim Weisenbach, 452 Morning Canyon Road, Member of the Corona Highlands Architectural Committee, stated that the majority of the neighborhood supports the proposed ordinance, with the minor changes as recommended by the City Attorney. Mark S. Cardelucci, President, Corona Highlands Property Owners Association, stated that the proposed ordinance was originally initiated by the residents, but is fully supported by their Association, and should be approved. Mitch Mitchell, property owner of vacant lot at 612 Seaward Road which he purchased in 1987, expressed his concerns with respect to some of the restrictions in the ordinance, and questioned whether or not the proposed height limits could create all flat roofs. Hearing no others wishing to address the Council, the public hearing was closed. In response to ,question raised, the City Attorney advised that an individual still would have the right to request a variance under Section 20.82.010 of the Zoning Code, providing that the applicant has evidence showing: 1) That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district. Volume 45 - Page 261 MINUTES Corona High- lands • Motion • Ayes Noes • n' � �a ra•. � - k XM LNE 3 6 x x x 1i I DGT, 41 it f, August 26, 1991 2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. 3) That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. Mayor Sansone moved to introduce proposed Ordinance No. 91 -35 and pass to second reading on September 9, 1991, Mayor Sansone stated he made the motion based on the fact that there has been a considerable amount of work done by the residents of Corona Highlands in support of this issue. Council Members Cox, Turner, Plummer and Hedges expressed their reasons for not supporting the motion, indicating that the evidence presented in support is not that substantive; the slopes of the lots will dictate what the height limit will be for that: lot; adding three new height limit restrictions to the already existing five height limit standards could set a precedent for other areas in the City; and there has not been substantial public interest from the residents in support of this issue. Council Members Watt and Hart spoke in favor of the ordinance indicating they felt it would preserve the charm and character of the neighborhood, as well as preserve property rights and views. Mayor Sansone stated that he was "shocked" to hear the comments of various Council Members relative to this issue, inasmuch as 918 of the residents support the ordinance. He stated he would question how the opposing Council Members could justifiably vote against it. The motion was voted on and FAILED. Mayor Sansone indicated his disappointment with the outcome of the above vote, to which Council Members Turner and Hedges commented that they have been on the losing side from time - to -time, and that the Mayor should respect their opinions as well as they respect his; opinions on City issues. Volume 45 - Page 262 MINUTES High- ROLL CRL : \ \� \�� \\ August 26, 1991 MINUTES 1 1111. iii/ 2. Continued public hearing concerning 0/C Taxi requests of ORANGE COUNTY TAXI to West Coast increase the taxicabs by four (4); and Transp WEST COAST TRANSPORTATION NETWORK to (27) substitute seven (7) and increase by eight (8) the number of taxicabs they • are authorized to operate in the City. Reports from the Revenue Manager. . The City Manager summarized the requests of each applicant, and advised that it is the recommendation of the Revenue Manager to approve the subject requests for the reasons enumerated in the staff report. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was; made to approve subject All Ayes requests of Orange County Taxi and West Coast Transportation Network. E. PUBLIC COMMENTS: Council Member Hedges referenced earlier remarks made by Mayor Sansone relative to the Corona Highlands height limit issue, and stated he felt the Mayor should apologize to the Council, as he felt the comments were "devisive, counter - productive, uncalled for, and contrary to what this government body was formed to accomplish." • Mayor Sansone responded that he appreciated Council Member Hedges' . comments; however, 73% of all the property owners who were directly affected by the change in height limit, were in support, and 91% of the property owners who voted, approved it, therefore, this was the basis for his comments. He stated that if he offended anyone, he was terribly sorry. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated, All Ayes except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing on September 9, 1991: (a) Proposed ORDINANCE NO. 91 -35, Ord 91 -35 being, Zoning (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING DISTRICTING NAP NO. 8 SO AS TO RECLASSIFY TATS LOCATED ON THE NORTHERLY AND EASTERLY SIDE OF • LIDO PARK DRIVE ON LIDO PENINSUTA (601, 611, 617, 621 AND 633 LIDO PARK DRIVE) FROM THE C -2 DISTRICT TO THE NFR DISTRICT, AND TO RECLASSIFY TATS LOCATED ON THE NORTHERLY AND EASTERLY SIDE OF LIDO PARK DRIVE (701, 703, 705, 707 AND 711 LIDO PARK DRIVE) , FROM ROLL CALL E • MOW11 '►IXXO R. :lpf"To:, [dkk Uad11_n- \� �� \\ August 26, 1991 THE P -C DISTRICT TO THE MFR DISTRICT; AND TO ESTABLISH DWELLING UNIT LIMITS FOR EACH LOT CONSISTENT WITH THE GENERAL PLAN AND EXISTING DEVELOPMENT [PLANNING COMMISSION AMENDMENT NO. 741]. (Report from the Planning Department) For introduction and adoption: (b) Proposed ORDINANCE NO. 91 -36, being„ AN INTERIM EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING A USE PERMIT REQUIREMENT FOR NEW RETAIL BUSINESSES THAT SELL MARITAL AIDS. (Report from the City Attorney) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 91 -89 amending Resolution No. 89 -136 pertaining to the City Council Circulation Buildout Ad Hoc Committee. (b) Resolution No. 91 -90 establishing annual license fee for retail sale of firearms. (Report from the Revenue Manager) (c) Resolution No. 91 -91 establishing a NO PARKING/TOW AWAY zone at 608 East Balboa on the north side of Balboa Boulevard from a point 60 feet west of Washington Street to a point 103 feet west of Washington Street on Saturdays and Sundays, between September 16 and May 31 of every year. (Report from Traffic Affairs Committee) 3. CONTRACTS /AGREEMENTS: (a) AMENDMENT TO INTER -CITY TRAFFIC IMPACTS MITIGATION (MEMORANDUM OF UNDERSTANDING) - Approve the amendment to include the City of Santa Ana in this agreement. (Report from the Public Works, /Traffic Engineering) 4. COMMUNICATIONS - For referral as indicated: (a) To staff for response, letter and newspaper clip from E. P. Benson, suggesting all government agencies take some remedial action to improve the economic health and climate of our State. (b) To Planning Department for response, letter from West Newport Beach Association, regarding Hoag Hospital Master Plan issue. (c) To staff for response, letter from Leon Skeie, suggesting recognition be given to Newport Beach Police Department. Volume 45 - Page 264 MINUTES 91 -36 m Emrg Marital 1(68) Cncl Ad Hoc CircBldout Res 91 -89 (24) Fee /Lie Firearms Res 91 -90 (40) Pkg /No Tow. Awy Zn 608 E /Bal Res 91 -91 (85) MOU /Amnd to Inter -City Trfc Impct Mitgtn City Mgr (35) Planning (68) PD (70) ROLL_CRLL N • • PiATO . August 26, 1991 (d) Removed from the Consent Calendar (refer to agenda item G. 1 for Council action). 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) Margaret Calloway alleging policeman damaged her fence while investigating possible prowler at 5 Rue Fontainebleau on July 26, 1991. (b) Ann S. Hageman seeking reimbursement of two headlights and turn signal lens cover which were broken by gate at entrance to Big Corona State Beach on June 27, 1991. (c) Skip Mills seeking reimbursement of :storage bill from towing company on August 1, 1991. (d) Robin A. Rille alleging property damage and personal injuries as a result of accident with Riddles Best Fertilizer, contractor to landscape median on PCH, east of 61st Street on February 13, 1991. (e) Joann Paquette alleging dangerous condition caused her to fall from bicycle which resulted in personal injuries, loss of wages, etc., at bikeway along the beach - westbound from 17th Street, on April 7, 1991. (f) Barbara Queen alleging personal property (clothing) damaged as a result of rusty water caused by City water department doing work at 1115 W. Bay Avenue, on July 1, 1991. (g) 20th Century Insurance Company alleging property damages as a result of accident at Jamboree and Bristol, on April 15, 1991. For rejection: (h) Removed from the Consent Calendar (refer to agenda item G. 3 for Council action). 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: None. Volume 45 - Page 265 MINUTES INDEX (36) Calloway Queen 120th Century Ins Co � 1s L s111. Nl = 'Wis ;iy2 s+ August 26, 1991 ROLL CFLL HINUTES I I Volume 45 - Page 266 8. REQUEST TO APPROVE/FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Police Dispatcher, Police • Department. (b) One Groundsworker II, Parks Division (c) one Parking Lot Leader, Marine Department. (d) One Police Records Specialist, Police Department. (e) One Sign and Paint Shop Technician, Field Maintenance Division. 9. STAFF AND COMMISSION REPORTS - For Council information and filing: (a) Report from the Civil Service Civil Sere Board regarding ELECTION OF FY '91 -92 OFFICERS FOR FISCAL YEAR 1991 -92. Ofcrs (24) (b) Letter from Chairman of Board of Library Library Trustees to President of (50) the Harbor View Hills Community Association concerning the DESIGN OF THE NEW CENTRAL LIBRARY, with letter from Harbor View Hills Community Association) • (c) Report to the City Manager from Planning the Planning Department regarding (68) ACTIONS TAKEN BY THE PLANNING COMMISSION ON AUGUST 8, 1991. 10. PUBLIC HEARING SCHEDULING - September 9, 1991: GENERAL PLAN AMENDMENT NO. 90 -2(E) - A GPA 90 -2(E) request to consider an amendment to the (45) Land Use Element of the General Plan so as to redesignate properties on the northerly and easterly side of Lido Park Drive on Lido Peninsula from a mixture of Single - Family Attached and Recreational and Marine Commercial to Single - Family Attached; and to revise the dwelling unit allocation. (Report from the Planning Department) 11. GENERAL PLAN AMENDMENT NO. 91 -3(A) - GPA 91 -3(A) Sustain the recommendation of the (45) Planning Commission to initiate an amendment to the Land Use Element of the Newport Beach General Plan on three parcels of land, from Retail and Service Commercial to Two- Family Residential; • AND Volume 45 - Page 266 COLKIL MEMBERS 0 August 26, 1991 LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT NO. 21 - Sustain the recommendation of the Planning Commission to initiate an amendment to the Local Coastal Program Land Use Plan on three parcels of land, from Retail Service Commercial to Two - Family Residential. Property located at 3008, 3010 and 3012 West Balboa Boulevard, on the northeasterly side of West Balboa Boulevard between 30th Street and 31st Street in the Cannery Village/McFadden Square Specific Plan Area. (Report from the Planning Department). 12. CENTRAL LIBRARY CONTRACTORS PREQUALIFICATION (C -2778) - Approve prequalification of General Contractors for the Central Library project and the Prequalific:ation Statement; authorize the Public Works Director to advertise for Prequalification Statements to be received October 2, 1991; and establish an appeals board consisting of Director of Public Works, Director of Building and Safety and Director of Finance. (Report from the Public Works Department) 13. SPECIAL EVENTS APPLICATIONS - Uphold staff's recommendation to approve the following applications, subject to conditions listed in the staff report. (Reports from Revenue Manager) (a) Application No. 91 -311 - A request of Rick Cole Auctions to conduct their semi - annual collectable automobile auction at the Hyatt Newporter Hotel on November 29 and 30 and December 1, 1991, from 9 a.m. to 6 p.m. (b) Application No. 91 -309 - A request of 'Thomes Hogan and Doyleue Roberts to conduct a private dinner party on the Oceanfront beach at L Street on September 22, 1991, from 3 p.m. to 9 p.m. (c) Removed from the Consent Calendar (refer to agenda item G. 2 for Council action) . 14. RESIGNATION OF JAMES PERSON - Accept resignation with regret of James Person from the Ad Hoc Historical Preservation Committee. (Letter attached) 15. BUDGET AMENDMENTS - For approval: BA -011 - $25,000, Increase in Budget Appropriations for executive search services for the position of City Manager. This amount will provide for compensation as well as expense reimbursement for said services. Volume 45 - Page 267 MINUTES LCP /LUP Amnd 21 Library C -2778 (38) Permits (27) Apli 91 -311 Apli 91 -309 Ad Hoc Hist Pres Cmte (24) (40) al'• COUNCIL MEMBERS MINUTES Tunrx " - rage 400 G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Letter from Board of Library Trustees, Library suggesting that site for a branch (50) library be included in the Land Use Plan, North Coast Planning Unit, Santa Ana River Mouth. lotion x Motion was made by Council Member .11 Ayes Plummer to refer the subject letter to the Planning Department for inclusion in the records., with the request that said letter be transmitted to Orange County to request reservation of a site on the County's Local Coastal Plan. 2. Eleven (11) special event permit Permits applications by the Newport Chamber of (27) Commerce to conduct the third annual "Seafest," from September 13 through 22, 1991, as follows: Application No. 91 -153 - Newport Beach Ocean Lifeguard Association, use of public beach, September 14, 1991, 9:00 - 11:00 a.m. Application No. 91 -314 - Hoag Hospital 552 Club, sound amplification, September 15, 1991, Newport Dunes, 4:00 - 8:00 p.m. Application No. 91 -323 - Newport Harbor Chamber of Commerce, sound amplification Via Lido Shopping • Center parking lot, September 15, 1991, 11:00 a.m.- 5:00 p.m. Application No. 91 -324 - Newport Harbor Chamber of Commerce, Harbor Fishing Tournament, September 14 - 15, 1991, 6:00 a.m. - 4:00 p.m. Application No. 91 -325 - Newport Harbor Chamber of Commerce, Windsurfing Exhibition/ Competition, Dunes Lagoon, September 14, 1991, 12 Noon - 4:00 p.m. Application No. 91 -326 - Newport Harbor Chamber of Commerce, amplified sound, September 15, 1991, Dunes Parking Lot, 8:00 a.m. - 3:00 p.m. Application No. 91 -327 - Newport Harbor Chamber of Commerce, amplified sound, September 20 - 22, 1991, Parking Lot Amen Wardy Building /Columbia Savings, 12 Noon - 10:00 P.M. Application No. 91 -328 - Newport Harbor Chamber of Commerce, • temporary closure of Back Bay Road, Dunes Aquatic Park, September 21, 1991, 8:00 a.m. - 2:00 p.m. " - rage 400 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CFLL \ \� moo¢ \\ August 26, 1991 MINUTES INDEX Application No. 91 -329 - Newport Harbor Chamber of Commerce, use of public park for Kite Demo /Flying Exhibition, September 21, 1991, Main Street at Oceanfront, 10:00 a.m. - 5:00 p.m. Application No. 91 -330 - Newport Harbor Chamber of Commerce, use of public beach, 38th Annual Sandcastle Contest, Big Corona State Beach September 22, 1991, 9:00 a.m. - 4:00 p.m. Application No. 91 -288 - Newport Harbor Chamber of Commerce, temporary street closures, September 15, 1991, Cycle Fest, Dunes Aquatic Park, 7:30 - 11:30 a.m., was removed from the Consent Calendar for separate discussion. Richard luehrs, President, Newport Harbor Area Chamber of Commerce, addressed the Council and stated that the Chamber is promoting 17 different events in connection with the Annual Newport Seafest to be held September 13 thru 22, 1991. With respect to Application No. 91 -288, he stated that he has worked out a suitable safety and traffic agreement to the satisfaction of the Revenue Manager and Police Department relative closing a lane of traffic beginning at Pacific Coast Highway to Dover Drive, Irvine Avenue and University Drive. Men x Motion was made to approve Application Apli Nos. All Ayes Nos. 91 -153, 91 -288, 91 -314, and 91 -323 91- 153/288/ through 91 -329. 314 & 91 -3: thru 329 3. Late Claim of Bruce Beckman alleging damage to flooring as a result of City Claim sewer backup at 304 Heliotrope Avenue on (36) January 2, 1991. Motion x The City Attorney advised that after All Ayes reviewing the subject claim, it was determined. that it was timely filed, and therefore, motion was made to deny the claim and refer it to the claims adjuster. H. ORDINANCES! FOR ADOPTION: 1. Proposed ORDINANCE NO. 91 -33, being, Ord 91 -33 Veh Rstrrr; AN ORDINANCE OF THE CITY COUNCIL Npt Pier OF THE CITY OF NEWPORT BEACH (85) ADDING SECTION 17.28.045 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO VEHICLE RESTRICTIONS ON NEWPORT PIER. Recycled report from the Public Works /Traffic Engineering, dated August 12, 1991. Motion x Motion was made to adopt Ordinance No. All Ayes 91 -33. O..1 -- AS - V..n. 940 CITY OF NE"0116T BEACH COUNCIL MEMBERS ROLL CR \ August 26, 1991 MINUTES INDEX 2. Proposed ORDINANCE NO. 91 -34, being, Ord 91 -34 Pt Del Mar AN ORDINANCE OF THE CITY COUNCIL Dvlpm /CVC OF THE CITY OF NEWPORT BEACH DELETING SECTION 12.66.081 OF THE Enfrcm NEWPORT BEACH IMICIPAL CODE REGARDING CVC ENFORCEMENT ON (85) PRIVATE ROADS IN POINT DEL MAR DEVELOPMENT. Recycled report from the Public Works /Traffic Engineering, dated August 12, 1991. Motion x Motion was made to adopt Ordinance No. All Ayes 91 -34. I. CONTINUED BUSINESS: None. S. CURRENT BUSINESS: 1. Report from the Traffic Affairs Trf /Stop Committee recommending removal of the Sign Vista STOP SIGNS ON VISTA DEL ORO AT MAR del Oro /Ma' VISTA. Vista Letter from the Bluffs Homeowners (85) Community Association, opposing the removal of the stop signs. The City Manager reviewed the background on this issue noting that the City Council approved the new STOP signs at . their meeting of November 13, 1990, with a request that the Traffic Affairs Committee review them after they had been in place for six months. He stated that staff has conducted speed studies on Vista del Oro, and the Committee's recommendation is based upon the fact that there has been no demonstrated need for stopping traffic on Vista del Oro at this intersection. A review of the reported accident history shows that the two accidents which occurred in 1988 are the only two in the past ten years and both of them were caused by drivers exiting from Mar Vista which has had a stop sign since the street was constructed. The City Manager further reported that STOP signs are intended to be used primarily at intersections where there is sufficient traffic on both streets where they are needed to control right - of-way. The relatively low volume on Mar Vista means that the great majority of the 2000 cars per day on Vista del Oro approach the intersection with no need to stop. When this happens, some • of the motorists begin ignoring the signs and STOP signs lose their credibility. The Committee also does not believe that STOP signs are appropriate for trying to control speeds. wol....... 45 _ v...... 270 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CFlLL \ \�� \\\August 26, 1991 MINUTES INDEX Mr. Samuel Boyce, President, The Bluffs Trf /Vista Homeowners Association, addressed the del Oro /Mar Council in support of retaining the STOP Vista signs on Vista del Oro at Mar Vista. He stated that with the proposed expansion of Our Lady Queen of Angels School in February, 1990, various traffic problems • came to the surface, and are enumerated in his prepared statement. He stated that the Board strongly hopes the Council will vote to keep the signs at this intersection for the following reasons: "1. It has demonstrated that it improves safety for 106 of their homeowners trying to gain egress onto Mar Vista and subsequently onto Vista del Oro. 2. It has succeeded in lowering the average speeds on Vista del Oro where speeds have previously been running 10 to 20 MPH above the posted speed limit. 113. It provides much more safety to pedestrians crossing at that intersection and these include elementary school age children who must cross the street right there to get on and off their school • bus twice a day. 114. It allows their employees to safely move equipment several times a day through that intersection, to and from the Greenbelt and into and out of Mar Vista." Bob Divine, 2022 Avenido Chico, addressed the Council in support of the recommendation to remove the signs. He advised that he had completed a personal traffic study during the school rush hours in the morning, which he felt justifies removal of the signs, and forwarded a copy to the Traffic Engineer and Mayor Pro Tem Turner. Garry Short, 305 Avenida Cerritos, addressed the Council and submitted petitions with 68 signatures of residents directly affected by the STOP signs in support of having the signs removed. Fie also stated this issue was never brought before The Bluffs Homeowners Association for their input as indicated by Mr. Boyce. He urged the Council to accept the recommendation of the Traffic Affairs Committee and remove • the signs. v..l ...,,e 45 Pave 271 COUNCIL MEMBERS "iINUTES ROLL CRLLO� \ \� \\ August 26, 1991 0 Motion All Ayes • • Mr. Boyce addressed the Council again, and stated that the Board felt the STOP signs should remain due to possible implications of safety, and he would hope that the Council would look at their side as opposed to the personal subjective viewpoints that were expressed by the "so- called poll." Mayor Pro Tem Turner stated that based on his own observations, and considering the safety factors involved, he favors leaving the STOP signs in place, and therefore, made a motion to disallow removal of the STOP signs. Mr. Short addressed the Council again, and indicated he would be bringing this matter before their homeowners association for a formal vote, and therefore, possibly bring it back to the City Council for reconsideration. Meeting Adjourned, at 9:15 p.m. The agenda for this meeting was posted on August 22, 1991 at 9:00 a.m., on the City Ball Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 45 - Page 272 f /Vista 1 Oro /Mar