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HomeMy WebLinkAboutCITYWIDENEGATIVE DECLARATION TO: Secretary for Resources 1400 Tenth Street Sacramento, CA 95814 X Clerk of the Board of Supervisors P. 0. Box 687 Santa Ana. CA 92702 FROM: Community Development Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME OF PROJECT: Ordinance No. 1837 PROJECT LOCATION: City-wide - City of Newport Beach PROJECT DESCRIPTION: An Ordinance of the City of Newport Beach to permit mowing rather than disking of weeds, pursuant to the City's weed abatement procedures. FINDING: Pursuant to the provisions of City Council Policy K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project will not have a significant effect on the environment. MITIGATION MEASURES: None INITIAL STUDY PREPARED BY: City of Newport Beach INITIAL STUDY AVAILABLE FOR REVIEW AT: 3300 Newport Boulevard, Newport Beach, CA DATE RECEIVED FOR FILING: 7n.wJ Tee. oAid & 8,T• Fred Talarico Environmental Coordinator Date: February 19, 1980 • Ott', Ck,r,crti,citid JAN 211980 *.COY COUNCIL �a. N*H CITY OF NEWPORT BEACH OFFICE OF CITY ATTORNEY TO: THE HONORABLE MAYOR and CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: ORDINANCE REGARDING MOWING AS OPPOSED TO DISKING OF WEEDS IN THE NEWPORT BAY WATERSHED • January 16, 1980 FEB 111980 the art COUNCIL art 111! IMWLJM 1s cn 11 The report of the Grading and Siltation Committee, Item C-8, recommended a change to the City's Weed Abatement Program, to require mowing rather than disking of weeds in the Newport Bay Watershed: Attached to this Memorandum is a proposed Ordinance whereby the Fire Chief is given the authority to require mowing rather than disking of weeds if the disking would cause a siltation or run-off problem inthe watershed of Upper or tower Newport Bay. The proposed ordinance would implement Grading and Siltation Committee recommendation C-8. HUGH R. COFFIN CITY ATTORNEY HRC:ap Attachment c0 • • • • NEWPORT BEACH FIRE DEPARTMENT NO: TO: Robert L. Wynn, City Manager FROM: James M. Reed,' Fire Chief SUBJECT: Weed Abatement Procedures DATE February 12, 1980 1. January - Survey entire city. 2. February - Obtain parcel numbers from 0. C. Assessor's office. 3. February - Develop mailing list of property owners parcels. 4. March - Request Resolution from City Attorney declaring abatement program and setting a date for public hearing.: 5. March - Send notice to City Clerk for posting. 6. April - Prepare and mail letters of notification to property owners regarding abatement procedures. 7. April - Last City Council meetingof month - hold the public hearing. 8. May 1 - Start cleaning - Spring program. 9. June - Request resolution from City Attorney verifying cleaning and setting. date for public hearing. 10. June - Send notice to City Clerk for posting, indicating parcels cleaned and prices. 11. June - Prepare cards and mail to.all owners of parcels cleaned. 12. June or July - Hold public hearing. 13. Before August 10 - Send a combined list,,the Fall cleaning of previous year and the Spring program just completed, to Orange County Assessor's office. The list is made up by the Fire Department and mailed by the City Clerk. Fall Weed Abatement Program: Fall Program is only implemented if a survey in August reveals a need and the cleaning would be in October. Procedures follow outline for Spring Program. JAMES M. REED Fire Chief JMR:rw Form No. 36 • • • • ORDINANCE NO. ] 83 7 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 10.48.170 TO THE NEWPORT BEACH MUNICIPAL CODE REGARDING MOWING AND DISKING OF WEEDS IN THE NEWPORT BAY WATERSHED The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 10.48.170 is hereby added to the Newport Beach Municipal Code to read as follows: "10.48.170 METHOD OF ABATEMENT: FIRE CHIEF AUTHORITY. The Fire Chief shall determine the appropriate manner in which saidpublic nuisances must be abated. The Fire Chief, with the "recommendation of the grading engineer, is vested with the authority to require mowing of • said nuisances if disking would cause a siltation or run-off problem in the watershed • area of Upper or Lower Newport Bay." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty •(30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 1980, and was adopted on the day of , 1980, by the following vote, to -wit: AYES, COUNCILMEN NOES, COUNCILMEN ABSENT COUNCILMEN Mayor HRC/ap • 1/22/80 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER February 12, 1980 TO: FIRE CHIEF . FROM: City Manager SUBJECT: SCHEDULED DATES FOR WEED ABATEMENT On February llth the City Council continued the ordinance permitting mowing rather than disking of weeds, pursuant tb•the: City's weed abatement procedures. This item was continued to March 10, 1980. The Council has requested schedules of dates for the weed abatement procedures in Newport Beach. Please prepare this schedule and have it to me so that I can place it on the March 10th agenda. An EIR, or Negative Declaration, will accompany this report. The EIR will be prepared by the Planning Department and/or the City Attorney's Office. ROBERT L. YNN CC: City Attorney Planning Director 4 AY OF NEWPORT BACH COUNCILMEN yG\\ �� yam\\ ROLL CALL February 11, 1980 MINUTES INDEX amendment to the ordinance indicating that the provisions are not to be retroactive beyond this campaign. David Shores addressed the Council and asked that Mayor Ryckoff and Mayor Pro Tem Williams refrain from voting on the ordinance. Mayor Pro Tem Williams read the following state- ment for the record: "Although our existing campaign contribution limitation ordinance sets limits at $200.00 contributor per candidate, in reality we are finding that it's quite possible for one person to contribute $200.00 to each of several PAC's which are not under control of he candidate, yet support him. The tent of the proposed ordinance, as I see it, is to .-use contributors to operate within the spirit o the existing ordinance - beginning with the presen election." Councilman Hea 'er stated that she would not support the motio', and made the following state- ment for the recor. "I feel that this is a self-serving ordinanc: for incumbent Councilmen, and that it deals only th financial interests rather than special inter==ts, which sometimes seem to weigh more heavily ••on Council decisions than purely financial interes -." Ayes Noes x x x x x x x A vote was taken on Mayor Ryckoff : motion, which motion carried. 2. Ordinance No. 1836, being, AN ORDINANCE OF THE CITY OF NEWPORT B Residential • REPEALING SECTION 15.04,040, AMENDING Dwellings • SECTION 15.06.090 AND REPEALING CHAPTER 15.1 0-1836 OF THE NEWPORT BEACH -MUNICIPAL CODE TO (26) ELIMINATE THE 600 SQUARE FEET MINIMUM FLOOR AREA FOR RESIDENTIAL DWELLINGS WITHIN THE Motion x CITY OF NEWPORT BEACH, CALIFORNIA, was presented for second reading. Ordinance No. 1836 was adopted. All Ayes 3. Ordinance No. 1837, being, Weed AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 10.48.170 TO THE NEWPORT Abatement BEACH MUNICIPAL CODE REGARDING MOWING AND Procedures DISKING OF WEEDS IN THE NEWPOR'T BAY 0-1837 WATERSHED, (4-1) was presented for second reading. Volume 34 - Page 33 CIPrY OF NEWPORT B CH f :w APB -SI MINUTES February 11, 1980 INDEX A report was presented from the City Manager. The City Manager presented a letter from Charles A. McKenna, Jr., attorney for Mrs. Oser, regard- ing the potential impact on Lot 39, and stating their understanding that the complaint in the eminent domain proceeding in connection with Lot 12 would not be filed for three weeks. Vin Jorgenson and Susan Cuse addressed the Council in favor of the condemnation. Dick Clucas addressed the Council regarding the elimination of parking on Coast Highway that would be made possible by the proposed parking lot. Motion All Ayes x The hearing was closed after it was determined tha. no one else desired to be heard. Motion All Ayes x Resolution No. 9722, declaring the necessity of condemnation, requiring the taking of the fee interest of the property hereinafter described to provide access to City -owned property, as a thorized pursuant to the Charter of the City of R-9722 Ne .ort Beach in Section 37350.5 of the Cal fornia Government Code, finding that the publ c interest and necessity require the project, that .he project is planned and located in the manner that will be most compatible with the greatest public good and least private injury, that the .roperty described in the resolution is necessary for the proposed project, authorizing the City Attorney to institute condemnation pro- ceedings an. authorizing the Finance Director to make a de.osit in court for possession of the subject prope.ty prior to judgment (access to City parking 1.t - Avon Street), was adopted. E. ORDINANCES FOR •%OPTION: 1. Ordinance No. 1835 being, AN ORDINANCE 0 THE CITY OF NEWPORT BEACH Election AMENDING SECTIO 1.25.020 OF THE NEWPORT BEACH Campaign MUNICIPAL CODE BY ADDING SUBSECTION (D) Statements THERETO DEFINING POLITICAL ACTION COMMITTEE 0-1835 AND ADDING SECTIONS 1.25.065 THROUGH 1.25.069 (39)' REGARDING THE DISQU• IFICATION OF CITY COUNCIL MEMBERS FROM OTING ON MATTERS AFFECTING MAJOR CAMPA N CONTRIBUTORS AND MAKING TECHNICAL AND CO. ORMING CHANGES IN CONFORMANCE THEREWITH, was presented for second reading.. Motion x Mayor Ryckoff made a motion to a.opt Ordinance No. 1835, and to direct the staff to prepare an Volume 34 - Page 32 • AY OF NEWPORT BE CH COUNCILMEN \G V\C �F "� c ROLL CALL \U' rP 11 MINUTES INDEX Motion All Ayes x The City Attorney recommended that this ordinance be postponed to March 10 to allow for the preparation of a negative declaration. Ordinance No. 1837 was postponed to March 10, 1980. F. CONTINUED BUSINESS: 1. A report from the Ad Hoc Old Corona del Mar Residential standards Study Committee was presented. CdM Residen- tail/Hey Standards (94)"• Bob Stoessel, Chairman of the Committee, addressed the Council regarding the report and stated that he was available to. answer questions. Motion x The Residential Development Standards for Old All Ayes Corona del Mar were referred to the Planning Commission for preparation of an appropriate ordinance (zoning amendment) which would i lude R-3 and slope lots. 2. A report was presented from the Parks, Beaches and Recreation Director regarding the request of Encroachment Pub Prop Dr. K. J. Smallwood to encroach in • the public property on Ocean Boulevard with •rickwork and landscape improvements. Ocean Blvd (65) A letter from James W. Obriewas presented approving the improvements nade by Dr. Smallwood. Dr. Smallwood addressed the Council regarding his encroachment request. The following peop - addressed the Council and opposed the encroachment: Mary Burton, Florence Stoddard and Al Jobe. Motion x Councilman .mme1 made.a motion to direct that the improv.Dents 'in front of this property be reali: ed to that which was approved in 1971, a twenty- oot curb cut and a twenty -foot paved area; that • her improvements that are needed will be the esponsibility of the City; that as much of the pu is use of that area be provided as possible; at whatever safety devices as are needed will •ecome the obligation of the City; and that a _height be specified. for the tree in question. Councilman Hart asked that the motion be amended to indicate that the sidewalk that had a permit be approved, and the twelve -inch planter retaining - type wall adjacent to the sidewalk remain, which amendment was accepted by the maker of the motion. Volume 34 - Page 34 MTN( OF NEWPORT (MACH Yam"$ 1r• ROLL CALL COUNCILMEN tfl February 11, 1980 MINUTES ....,�.. Ayes \, x x x A vote was taken on Councilman Hummel's amended Noes Motion x x x x x motion, which motion failed. Mayor Ryckoff made a motion to sustain the action of the Parks, Beaches and Recreation Commission and approve the request. Councilman Hummel asked that the motion be amended to stipulate that the height of the tree, or any other shrubs on public property, be approved by the Parks, Beaches and Recreation Commission, which amendment was accepted by the maker of the motion. Ayes Noes x x x x x x x A vote was taken on Mayor Ryckoff's amended motion, which motion carried. 3. A report was presented from the City Manager regarding a request of the Bluffs Homeowners Tracts 5463 & Community Association to amend the Declaration of 5480 Motion x '•venants, Conditions and Restrictions as recorded on March 16, 1964. Reso ution No. 9723, authorizing the Mayor and R-9723 All Ayes City 6 erk to consent to the declaration of Covenan s, Conditions and Restrictions for Tract 54.3 and Tract 5480 in the Bluffs limiting the incre::es in the annual assessments, was adopted. 4. A report date. January 21, 1980 was presented from the Marin= Department regarding Harbor Harbor Permit Permit Applicat •n No. 1011-097 of the Balboa (51) Coves Community sociation regarding the extension of their existing float. Marine Director Davi. Harshbarger gave a brief staff report in answer to questions regarding the size of the coves. The following people addr sed the Council regard- ing the application: Tom 0 lando, President of th- Balboa Coves Community Assoc ation, and Sandy Wilford, who presented diagr;u: of the floats to Motion All Ayes Motion All Ayes x x Council. Mr. Wilford was granted two additional minutes for his presentation. Harbor Permit Application No. 1011-09was approved. 5. Appointments and reappointments to the Citizens Advisory Committees for a one-year term expiring December 31, 1980, or continuation of appoint- ments as indicated: Volume 34 - Page 35 ROLL CALL Y OF NEWPORT BACH COUNCILMEN Act, e C9�0 9°Stott2if+ MINUTES INDEX Motion All Ayes Motion Ayes Noes Motion Ayes Noes Motion Aye Noes x x x x x x x x x x x x X x \ x x x x \ X x X x I. ITEMS - REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Planning Department regarding Planning Commission Amendment No. 538(a). The proposed ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION No. 20.87.140 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO THE DEFINITION OF THE TERM "DWELLING UNIT" BY DELETING REFERENCE THEREIN TO 600 SQUARE ET OF SUPERFICIAL FLOOR AREA IN A D LLING UNIT, Planning Commission Amendment No. 8(a), a request to consider an amendment to Section 0.87.140 of the Newport Beach Municipal Code as pertains to the definition of the term "Dwelling it" and the acceptance of an Environmenta ocument was tabled. 2. A proposed ordina e, being, AN ORDINANCE OF THE CITY OF NE ORT BEACH REPEALING SECTION 15.04.040, AMENDING SECTION 15.06.090 AND REPEAL G CHAPTER 15.21 OF. THE NEWPORT BEACH UNICIPAL CODE TO ELIMINATE THE 600 SQUA FOOT MINIMUM FLOOR AREA FOR RESIDE AL DWELLINGS WITHIN THE CITY OF NEWPO BEACH was considered. (Report with previous o .inane which was tabled) Councilman McInnis made a motion to re - the ordinance back to staff, which motion failed. Mayor Ryckoff made a motion to introduce Ordinance • No. 1836 and pass to second reading on February 11, which motion carried. 3. Resolution No. 9720, changing the language appearing on the ballot for the General Municipal Election to be held on April 8, 1980,, for City Measures "A" and "B," was adopted. Dwelling Units (94) Dwelling Units (26) 0-1836 Elec on R-972 i (39) Motion Alll AyesX 4. A report was presented from the City Attorney regarding a proposed ordinance regarding mowing as Weed Abatement Procedures (41) opposed to disking of weeds in the Newport Bay Watershed and giving the Fire Chief the authority to require mowing rather than disking of weeds if the disking would cause a siltation or run-off problem in the watershed of Upper or Lower Newport Bay. The proposed ordinance was reconsidered. Volume 34 - Page 28 !TY OF NEWPORT B!ACH .- dt ROLL CALL COUNCILMEN ti y 'i � 11 19f2n MINUTES Motion All Ayes X Proposed„ Ordinance No. 1837, being, AN 0-1837 ORDINANCE OVtffC:rI Y-OF NEWPORT BEACH ADDING SECTION 10.48.170 TO THE NEWPORT BEACH MUNICIPAL CODE REGARDING MOWING AND DISKING OF WEEDS IN THE NEWPORT BAY WATERSHED was introduced, as amended to grant authority to the Fire Chief on recommendation of the Grading Engineer, and passed to second reading on February 11, 1980. a. ADDITIONAL BUSINESS: Motion x 1. The decision of the Modifications Committee Mod 2496 All Ayes approving Modification Application No. 2496 of (94) Morad Zahabian,,a request to permit alterations and additions to an existing non -conforming commercial building (Whitman's Garage) at 3222 East Coast Highway, was called up by Council and referred to the Planning Commission for consideration. Motion x 2. Approval was given to the submittal by the Marine Lifeguard All Ayes Department of a bid to the County of Orange for Services City lifeguard services over a five-year peri6d in the (38) County territory at the Santa Ana River xriouth for a two-year total through 1980-81 of $56,770.00, with the remaining three years to be atActual City cost and/or Long Beach -Los Angeles'' Consumer Price Index, whichever is less. o` r The Mayor adjourned the meet's/at 8:55 P.M. r f r r / ij i Volume 34 - Page 29 • • • • • ORDINANCE NO. AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 10.48.170 TO THE NEWPORT BEACH MUNICIPAL CODE REGARDING MOWING AND DISKING OF WEEDS IN THE NEWPORT BAY WATERSHED The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 10.48.170 is.hereby added to the Newport Beach Municipal Code to read as follows: "10.48.170. METHOD OF ABATEMENT: FIRE CHIEF. AUTHORITY. The Fire Chief shall determine the, appropriate manner in which said public Buisance must be abated. The Fire Chief is veste wi $ the,authority to require mowing of said nuisances if disking would cause a siltation or run-off problem in the watershed area of Upper or Lower Newport Bay." SECTION 2. This ordinance shall be published 'once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 1980, and was adopted on the day of , 1980, by the following vote, to -wit; ATTEST: AYES, COUNCILMEN NOES, COUNCILMEN ABSENT COUNCILMEN MAYOR CITY CLERK i HRC/ap 12/4/79 t•- . • CITY OF NEWPORT BE!H COUNCILMEN C Io y9d'22i •ni i � .iPTc'Po N MINUTES INDEX -- \ �`'`^.r \ \ `\�� \ - 3. COMMUNICATIONS - For referral as indicated: ` (a) To staff for inclusion in on -going study, letters from Dr. Elizabeth Eckhardt, the Nelsons and James Buchanon regarding the development standards for Corona del Mar. (3296) (km cheer d) (b) To staff 1fforr`'re 1Ry, a letter from Virtue & Scheck for the Homeezwners Association of the Towers Condominiuiitr sking Council to reconsider their action of t 13, 1979 approving the Harbor Permit Applic ' No. 127-3017 by Harrison Sea Ray Boats • rebuild a bulkhead and boat docks at 3107 (304F) West Coast Highway. (Attached with a 11111.11 report from the Marine Department) (c) To staff for report back, a report from the Planning Commission regarding weed abatement on undeveloped sites adjacent to . Upper Newport Bay. (Attached)— (150F) (d) To Pending Legislation and Procedural Ethics Committee, a letter from the City of Anaheim enclosing a letter from their city staff regarding the fiscal impact of AB 8. (J•2 3F) (Attached) / 4. COMMUNICATIONS - For referral to the City Clerk� for filing and inclusion in the records: (a) Removed from the Consent Cale dar. (b) A letter from the Corona} Mar Chamber of Commerce expressing.Yts delight with the new "CORONA pEL MAR" identification signs which hay been installed. (Attached) (20) (c) A letter f om Gregory Lowitz regarding the reque by Explorer Post 235 for a permit for a and to perform in Balboa Park on eptember 8. (Attached) (1564F) �f ) A letter from Nello Di Corpo commending Council on making Seashore Drive a one-way street. (Attached) (411) (e) A letter from William R. Gold, Secretary, stating that the Board of Directors of the Balboa Improvement Association concurs with the hoped -for plan of not having the July 4th fireworks on the Balboa Pier. (Attached) (423) . (f) A letter from Ciel Woodman urging that the Back Bay be dredged as quickly and inexpensively as possible. (Attached) (355) (g) Six letters in support of Operation Safe Skate as proposed by N.O.R.M.A. (2330) • Volume 33 - Page 259 r COUNCILMEN 1- ti 4 0yF ��'o 9A 9 2 ROLL CALL YOFNEWPORTBACH " MINUTES 1979 (h) A resolution of the City of Fullerton supporting Senate Bill 823, which amends the definition of subdivision, under the subdivision Map Act, to include stock cooperatives. (See agenda Item H-2) (1429F) (i) Removed from the Consent Calendar. (j) Minutes of the Local Agency Formation Com- mission of August 8, 1979. (20) (k) Notice of workshop in San Mateo on September 20 regarding Article 34 of California's constitution. (20) (1) Notice of filing of supplement to application for rate change before the Public Utilities Commission by Southern California Edison Company. (20) (m) Agenda for the Board of Supervisors meetings of September 4 and 5, 1979. (20) ( A letter to all members of the California League of Cities from the Turlock Irrigation . District regarding support for the Clavey- Wards Ferry Hydroelectric project. Attached) (20) (o) R- ease from Senator Ayala informing that SB :94, the "Home Rule" bill had been unani' ously approved by the Ways and Means Comm tee. (Attached) (577) 5. CLAIMS FOR DAMAGES - For denial and Claims confirmation of • he City Clerk's referral to the insurance carrier: (a) Claim of John i avenport for personal injuries allegedly sustai -d on June 24, 1979 when he was falsely arres - d in Newport Beach. Davenport (3351) (b) Claim of Jennifer + Whitehead for personal injuries in connectiwith an incident in which she was al -gedly stopped and harrassed by a Newport Beach Police Officer on June 15, 1979. Whitehead (3352) (c) Claim of Balboa Bay Club for damages in connection with an accident t the entrance to the Club allegedly due to aulty design, maintenance, supervision and cbQstruction of Balboa Bay Club (3353) -the Pacific Coast Highway at the Club entrance. (d) Claim of Larry C. Boyd for property damage on August 18, 1979 on San Joaquin Hill Road which allegedly occurred when a spike f qm a Boyd (3354) City traffic counting device caused tire damage. Volume 33 - Page 260 • CITY OF NEWPORT BEACH Department of Community Development • DATE: August 27, 1979 TO: City Council FROM: Planning Commission SUBJECT: Weed Abatement on Undeveloped Sites Adjacent to Upper Newport Bay At the Planning Commission meeting of August 23, 1979, the Plan- ning Commission voted (4 Ayes, 0 Noes, 3 Absent) to recommend to the City Council that "mowing" as opposed to "discing" be used to remove the weeds on the undeveloped sites adjacent to the Upper Bay so as .to reduce the problems created by siltation and runoff from these parcels. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director b y d MES D. HEWICKER istant Director JDH/kk • Planning 0312