HomeMy WebLinkAbout08/26/1991 - Regular Meeting•
Present
Motion
All Ayes
Motion
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COUNCIL MEMBERS REGULAR COUNCIL MEETING
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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
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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
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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.
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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
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ordinance still establishes three
separate height limit zones for the
Corona Highlands area.
Volume 45 - Page 258
MINUTES
Corona High-
lands
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COUNCIL MEMBERS
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August 26,1991
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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
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COUNCIL MEMBERS
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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
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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
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Motion
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Ayes
Noes
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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-
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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
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are authorized to operate in the City.
Reports from the Revenue Manager.
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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
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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."
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Mayor Sansone responded that he
appreciated Council Member Hedges'
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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
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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
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MOW11 '►IXXO R. :lpf"To:,
[dkk Uad11_n-
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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
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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
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L s111. Nl = 'Wis ;iy2
s+ August 26, 1991
ROLL CFLL
HINUTES
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Volume 45 - Page 266
8. REQUEST TO APPROVE/FILL PERSONNEL
(66)
VACANCIES: (Report from the City
Manager)
(a) One Police Dispatcher, Police
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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)
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(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;
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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)
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COUNCIL MEMBERS
MINUTES
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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
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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
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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,
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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