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HomeMy WebLinkAboutMorning Canyon and Buck Gullyi i i i *NEW FILE* i i i NEGATIVE DECLARATIONS_ BUCK GULLY r • CITY OF NEWPORT BEACH 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92659-1768 NEGATIVE DECLARATION To: l� 1 r1 Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange Public Services Division P.O. Box 838 Santa Ana, CA. 92702 From: City of Newport Beach Planning Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92659-1768 Date received for filing at OPR: The review period will close on: December 10, 1990 Name of Project: Morning Canyon, Buck Gully Fuel Modification ProjectLocation: Morning Canyon and Buck Gully, Corona del Mar, Newport Beach, Ca. Project Description: Removal of dead vegetation and trimming of existing vegetation so as to reduce fuel loads on slopes in canyons 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: 1. Ground cover will remain undisturbed within three inches of the ground. 2. All roots will remain; no roots -of living vegetation will be removed. • 3. Power tools will be limited to small, hand held tools, and no heavy equipment will be used. 4. Residents will be offered information on replanting with native, fire rebistant vegetation. Initial Study Prepared By: Sandra L. Genis, City of Newport Beach and is available for review at: 3300 Newport Boulevard, Newport Beach, CA ' Signature Title: l r i t1 G4N RAnt2mz, Date: NOV . /990 • • ENVIRONMENTAL INFORMATION FORM Date Filed November 8. 1990 General Information 1. Name and address of developer or project sponsor: City of Newport Beach 2. Address of project: Morning Canyon and Buck Gully, Corona del Mar. CA. Assessor's Block and Lot Number: 459-123-1 to 36.459-131-13 to 21. 459-131-33 to 36, 459-161-3 to 14. 052-182-5 to 41, 052-191-1 to 21, 052-203-1 tp 29. 052,211-22 to 25. 475-011-8 to 15. 475-021-1 to 12. 475-031-1 to 22. 3. Name, address, and telephone number of person to be contacted concerning this project: Ray Brown. Newport Beach Fire Department, Newport Beach. Ca.: Phone: (714) 644-3109. 4. Indicate number of the permit application for the project to which this form pertains: Morning Canyon/Buck Gully Fuel Modification Program. 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: _ California Department of Fish and Game Streambed Alteration Agreement No. 5-488- 90 previously issued. 6. Existing zoning district: R-1. R-2. MFR 7. Proposed use of site (Project for which this form is filed): _ Open Space. fuel modification. Project Description 8. Site size. NA 9. Square Footage. NA 10. Number of floors of construction. NA 11. Amount of off-street parking provided. NA 12. Attach plans. Description attached. - 1 - 13. Proposed scheduling. Commence as soon as possible. 14. Associated project: Residents have been encouraged to independently reduce fuel loads on their properties. 15. Anticipated incremental development. None 16. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 17. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities. 18. If industrial, indicate type, estimated employment per shift, and loading facilities. 19. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 20. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required. Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets if necessary) Yes No 21. Change in existing features of any bays, tidelands, x beaches, or hills, or substantial alteration of ground contours. 22. Change in scenic views or vistas from existing residen- tial areas or public lands or roads. 23. Change in pattern, scale or character of general area of the project. 24. Significant amounts of solid waste or litter. 25. Change in dust, ash, smoke, fumes or odors in vicinity. 26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. -2- x x x x x • • 27. Substantial change in existing noise or vibration x levels in the vicinity. 28. Site on filled land or on slope of 10 percent or more. x 29. Use of disposal of potentially hazardous materials, x such as toxic substances, flammables or explosives. 30. Substantial change in demand for municipal services x (police, fire, water, sewage, etc.) 31. Substantially increase fossil fuel consumption x (electricity, oil, natural gas, etc.) 32. Relationship to a larger project or series of projects. x Environmental Setting 33. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or polaroid photos will be accepted. The subject property consists of brush covered slopes which constitute the back yards of residential development. 34. Describe the surrounding properties, including information on plants and animals and any cultural historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set- back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Surrounding property is developed in primarily in single family homes, with a few duplexes and multifamily residential development present. - 3 - Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. V779s Date Signature For C\WP\EIR-INFO.FRM a-/ W.rda -4- • • CITY OF NEWPORT BEACH OFFICE OF THE FIRE CHIEF MEMORANDUM August 14, 1990 A TO: Pat Temple, Principal Planner FROM: J. M. Reed, Fire Chief SUBJ: Morning Canyon/Buck Gully Fuel Load Modification Program Weed Abatement The Newport Beach Fire Department is concerned about the fuel loads present in dry brush and vegetation in Morning Canyon and Buck Gully. We have notified residents of the fire danger and asked them to take corrective action as outlined below. In the event homeowners do not take appropriate corrective action, we intend to ask the City Council to declare the fuel load a public nuisance with the understanding the City will clear the vegetation pursuant to the procedure outlined in Chapter 10.48 (Weed Abatement). The proposed fuel load modification program will involve approximately 200 parcels and result in clearance of brush from approximately 20 acres of sloping canyon area. Brush and vegetation will be removed in accordance with the following guidelines: 1. Grass, weeds, leaves and other cover will be trimmed or removed to within three inches of ground level. 2. Root systems for all vegetation will not be disturbed. 3. All dry or dead vegetation will be hand trimmed from trees and shrubs and removed. 4. Trees will be trimmed within five feet of ground level. 5. Vegetation beneath decks or overhanging -structures will be trimmed or removed depending upon the nature of the vegetation and the threat imposed to the structure. - 2 - 6. Growth on bushes and shrubs shall be removed from ground level to a point equal to one-third of their height (lollipop trimming). 7. Tree limbs or vegetation within ten feet of any chimney will be removed. The City's Grading Engineer believes the fuel modification program we have proposed will result in no measurable increase in slope erosion nor cause any slope instability if the work is performed in accordance with the seven criteria specified in this memo. The thinning will alter the habitat of animals that live in the Canyons but we do not believe the impacts will be significant nor are we aware of any endangered species present in the area. The material will be handcarried from the point of trimming to closest City street. We do not anticipate any use of vehicles in, nor alteration of, the stream bed or Canyon slopes. The program will take 60 to 90 days. We are working on ways to reduce the number of truck trips necessary to transport material to landfills - such as establishing a "transfer station" on Irvine Company property, "chipping" branches to reduce the volume or material, and possibly using recycled material on City landscape projects. However, you should assume approximately 300 truck trips will be required to remove trimmings. Some noise will be generated by gas powered equipment such as chain saws, "weed eaters" and chippers. J. M. Reed, Fire hief JR:jg cc: Robert L. Wyni; City Manager Robert H. Burnham, City Attorney Ray Brown, Fire Department Raimar Schuller, Building Director ENVIRONMENTAL CHECKLIST FORM I. Background 1. Name of Proponent City of Newport Beach 2. Address and Phone Number of Proponent 3300 Newport Boulevard, Newport Beach, Ca.: Phone (714) 644-3225 3. Date Checklist Submitted November 8, 1990 4. Agency Requiring Checklist City of Newport Beach 5. Name of Proposal, if applicable Morning Canyon, Buck Gully Fuel Modification Program II. Environmental Impacts (Explanations of all "yes" and "maybe". answers are required on attached sheets.) 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, compaction or overcovering of the soil? c. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? Yes Maybe No e. Any increase in wind or water erosion of Soils, either on or off the site? — x - 1 - x x x x f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? Yes Maybe No x 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? — — x b. The creation of objectionable odors? — — x c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? — — x 3. Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? x c. Alterations to the course or flow of flood waters? — x d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? -2- x x f. Alteration of the direction or rate of flow of ground water? Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flooding or tidal waves? 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or num- ber of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? Yes Maybe No x x x x x x d. Reduction in acreage of any agricultural crop? 5. Animal Life.' Will the proposal result in: a. Change in the diversity of species, or num- bers of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic organisms or insects)? x b. Reduction of the numbers of any unique, rare or endangered species of animals? -3- c. Introduction of new species of animals into an area, or result in a barrier to the migra- tion or movement of animals? Yes Maybe No d. Deterioration to existing fish or wildlife habitat? — x 6. Noise. Will the proposal result in: a. Increases in existing noise levels? — x b. Exposure of people to severe noise levels? — x 7. Light and Glare. Will the proposal produce new light or glare? — — 8. Land Use. Will the proposal result in a sub- stantial alteration of the present or planned land use of an area? — — 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? — — 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? -4- x x x x x x x • • Yes Maybe No 12. Housing. Will the proposal affect existing housing or create a demand for additional housing? 13. : Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? — — x b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing trans- portation systems? d. Alterations to present patterns of circula- tion or movement of people and/or goods? x e e. Alterations to waterborne, rail or air traffic? f. Increase in traffic ha7..ards to motor vehicles, bicyclists, or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered gov- ernmental services in any of the following areas: a. Fire protection? •x — — b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? - 5 - Yes Maybe No 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? 16. Utilites. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? — — x b. Communications systems? — x c. Water? — — x d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal result in? a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? x x • • 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses with the potential impact area? 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a rela- tively brief, definitive period of time while long-term impacts will endure well into the future.) 7 Yes Maybe No x x x x x • • c. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Yes Maybe No x x DI. Discussion of Environmental Evaluation (Narrative description of environmental impacts.) le, f. The removal of flammable vegetation has the potential to leave barren slopes, subject to erosion. However, ground cover will be left undisturbed within three inches of ground level, and root systems for all vegetation will not be disturbed. Heavy equipment could potentially lead to erosion and slope failure during the fuel removal phase of the proposed project. However, heavy equipment will not be permitted in the canyon, and power tools will be limited to those which may be hand held, such as portable chain saws. 3e. An increase in erosion would Lead to an increase in solid material and turbidity of surface water in the drainage areas of Buck Gully and Morning Canyon. However, the preservation of ground cover and root systems for all plants as described above will reduce increases in erosion and associated turbidity to an insignificant level. 4a. Wholesale removal of fuel loads could result in removal of numerous plant species. However, under the proposed program, root systems will be left intact, thus reducing the potential for loss of significant numbers of any plant species to an insignificant level. 4c. As an alternative to City removal of fuel loads, residents adjacent to the canyon are encouraged to reduce fuel loads on their properties on their own. Residents will be furnished a list of fire resistant native vegetation should they wish to replant, thus resulting in increases in the number or re -introduction of native species to areas previously planted in flammable landscape species. 5a,d. A temporary loss of ground, cover will result in increased exposure of small mammals to predation. However, this impact is temporary in nature, is not considered -8- significant, and is balanced by increased advantages gained by raptor species. Displaced fauna would be anticipated to temporarily relocate into upper Buck Gully. 6a,b. Temporary noise impacts will result from equipment utilized to clear the brush. However, power tools will be limited to the small hand held type, reducing the potential for extreme noise levels. 14a. The proposed project will reduce the fire hazards in the area, thereby resulting in a positive impact on fire protection services. 21a. Although the project has the potential to result in significant impacts, those impacts have been reduced due to the incorporation of specific mitigation measures as discussed above. 21c. The proposed fuel modification program will be pursued concurrent with the construction of a golf course northeasterly of Morning Canyon, thereby resulting in a disruption of wildlife corridors in that area as well. However, the preservation of some degree of ground cover and of all root systems will reduce the significance of the temporary disruption due to fuel modification to a level which is not considered significant. IV. Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION WILL BE PREPARED. I find that although the proposed project could have a signif- icant effect on the environment, there will not be a significant effect in this case because the following mitigation measures have been added to the project. 1. Ground cover will remain undisturbed within three inches of the ground, in order to reduce the potential for erosion. 2. Root systems for all vegetation will not be disturbed. 3. Power tools will be limited to small, hand held tools, and no heavy equipment will be used. 4. Residents will be offered information on replanting with native, fire resistant vegetation. A NEGATIVE DECLARATION WILL BE PREPARED. -9- • • I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. AltY- ri (990 Zdc-Th Date Si a e ER-DOGS\EIRUST.FRM For / D� /%/Y�. - 10 - • CITY OF NEWPORT BEACIP CO I CIL MEMOS ROLL Al5 Motion All Ayes x MINUTES March 11, 1991 2. Report from the Fire Chief concerning FUEL MODIFICATION PROGRAM REVIEW (RESOLUTION NO. 90-116). Council was advised that after the agenda was printed a letter was received from Robert J. Cooper, who was concerned that clearing would denude the gully to a dangerous state, resulting in complete devastation of Little Corona and adjacent tide pools. Council was advised by the City Manager that the decision be postponed for another 90 - 120 days to give additional time for staff to work with the adjacent property owners of Buck Canyon. At the hearing on December 10, 1990 a number of people did testify, but the hearing was not closed. The decision was postponed for 90 days; therefore, as this evening is close to that time, this is why it is on tonight's agenda. At that time, the City requested additional information concerning the liability for cleaning, geologists, companies or departments that had a similar situation, and all of this information has now been received, and a number of meetings have been held with the residents surrounding the Canyon. As a result, the City is getting a much better understanding of the problem and how to deal with it. With the continuance of another 90 - 120 days, hopefully the problem will be amicably resolved without forcing an assessment upon the public.. Motion was made to postpone the decision for 90 to 120 days to give residents time to review new material. 3. Report from the Public Works Department Concerning UNDERGROUNDING UTILITIES ALONG EAST BAY AVENUE AND EAST BAY FRONT FROM "J" STREET TO "M" STREET (PROPOSED ASSESSMENT DISTRICT NO. 61, AND PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 12). The Public Works Director advised that the property owners on the Peninsula Say Front between "J and M" Streets have requested the formation of an assessment district to underground utilities in the alley behind their homes. 74-1/2% of the property owners have petitioned in favor of forming the district. The cost has been estimated at $229 per front foot, and that the petitioners are aware of the estimated cost. The item before the Council tonight Volume 45 - Page 84 IN➢EX Fire Dpt, Buck Gui: (41) Undergr Utilitic Dist 12, (89) 46P CITY OF NEWPORT BEACI COUNCIL MEMBERS *1) nX91; REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: December 10, 1990 MINUTES IN➢EX 'resent Lbsent Motion All Ayes A11 All x x x x x x x x A. B. ROLL CALL. Reading of Minutes of Adjourned Meet ng and Regular Meeting of November 26, 19.0, was waived, approved as written and ordered filed. Lotion Ayes X C. Reading of all ordinances and resolutions under consideration was wai :d, and the City Clerk was directed to -ad by titles only. D. HEARINGS: 1. Mayor Sansone opened . e public hearing regarding Proposed ORDINANCE NO. 90-43, being, AN ORDINANCE •F THE CITY COUNCIL OF Ord 90-43 Zoning (94) THE CITY OP NEWPORT BEACH ADDING SECTION 20 02.025 TO THE NEWPORT BEACH MUN IPAL CODE TO ESTABLISH A . POLICY W H REGARD TO HEIGHT LIMITS IN THOS AREAS OF THE CITY THAT ARE IN POT IAL DANGER OF FLOOD HAZARD [P NG COMMISSION AMENDMENT NO. PCA 717 717) Report f •m the Planning Department. The Ci Manager advised that the proposed amend.-nt would allow for areas, that are in t e Flood Hazard Areas and have the nat al grade below the required pad el: ation, to retain the useful height of s uctures. Currently, the areas of .oncern are at a disadvantage regarding allowable building height, due to flood hazard regulations. Hearing no one wishing to address the Council, the public hearing was closed. lotion x Motion was made to adopt Ordinance No. 90- Ayes 43. 2. Mayor Sansone opened the public hearing declaring that WEEDS AND BRUSH EXIST AND ARE A NUISANCE UPON PROPERTY IN BUCK GULLY Fire Dept/ Weed Abate ment/Buck AND MORNING CANYON, and to consider protest(s) from persons objecting to abatement by the City. Gully/Morr ing Canyor (41) Report from Fire Chief. Copy of letter dated November 27, 1990 sent to affected property owners. Volume 44 - Page 411 COUNCIL MEMBERS • CITY OF NEWPORT BEACiii MINUTES December 10, 1990 INDEX MULL I.nLL \ ` \ X \ \ \ Letters from Kenneth R. Ingman, 409 Cortes Weed Abate - Circle, James B. Schindler, 409 Cabrillo went Terrrace, and Ronald and Shirley Centre, 405 Columbus'Circle with objections to what is being required of the residents in Buck Gully. The City Clerk advieed that after the agenda was printed, the following letters were received concerning the City's adoption of Resolution 90-116 on November 12, 1990, declaring the public nuisance: Barbara Ross Martin, 548 Seaward Rd. Matthew A. Frinzi, 409 Columbus Cr. Gordon Fraser, 1616 Poppy Peak Dr. Haskell Shapiro, 3500 E. Coast Highway Evelyn E. Berg, 532 Hazel 'Dr. Fire chief Reed reviewed the background of the subject proposal, scope of work, estimated cost, and the proposed schedule of activities. A map was also displayed depicting the two canyon areas involved. Fire Chief Reed stated it is felt that the homes near the canyon are at a significant risk for a fire due to dead and dry vegetation; and therefore, said vegetation should be cleared. He pointed out that: ground cover will remain undisturbed within three inches of ground level; no roots of living vegetation will be removed; all trees will be trimmed five feet from ground level; and bushes and shrubs will be trimmed one-third from height. He advised that if a private contractor is hired to perform the work, it is estimated the cost could be between $2,000 and $8,000 (the average being $4,000), depending on the type of material to be removed and the elope of the lot, and in addition, there would be an administrative cost to oversee the project. , Discussion ensued wherein the Fire Chief, Environmental Coordinator, and City Attorney responded to questions raised by Various Council Members. , Olume 44 - Page 4 0.• • CITY OF NEWPOAT BEACH COUNCIL MEMBERS December 10, 1990 MINUTES INDEX RVLL MILL \ \ \ \ \ \ \ \ The following persons addressed the Council in protest to the proposed abatement: • Weed Abate - ment Jim Schindler, 409 Cabrillo Terrace (referenced his letter dated December 2, 1990) • Ron Centra, 405 Columbus cr. (also owner of 430 Hazel Drive; submitted photographs showing elope of canyon) Robert W. Scholler, 265 Evening Canyon Rd. (displayed aerial photograph of canyon) Ronald Kennedy, 550 Hazel Drive • Evelyn Berg, 532 Hazel Dr. (referenced her letter of December 7, 1990) Lonnie Hood, 242 Hazel Dr. Haskell Shapiro, 287 Evening Canyon Rd. (referenced his letter of. December 6, 1990) Ken Licorish, 226 Morning Canyon Rd. Larry McSparren, 536 Hazel Dr. It was indicated by the above speakers that:• a fire hazard does not exist; the ground is not easily ignited; it would be very difficult as well as dangerous for the property owners to clean the brush themselves; many of the plants would be destroyed as a result of the clearing; the cost of having the •work done is too expensive; and that once the work is done, there could be increased *crime as the.area would be more accessible.' Lynn Lightcap, 422 Hazel Drive, addressed the Council in support of the proposed abatement. She stated she has had her lot cleared, as well as the• lot on the ether side of her property at a cost of $1100. She also commented it was somewhat difficult to obtain fire insurance until her property had been cleaned. • Hearing no others addressing the Council, the public hearing was closed. In response to question•raised regarding City liability, the City Attorney advised that there could be potential 'City liability if the City removes the brush, and as a result, erosion can be traced to that removal. . • lotion x Council Member Hart indicated she had viewed the site; was. supportive of proceeding forward with the project, and therefore, moved to adopt proposed resolution ordering staff to proceed with the project. Volume 44 - Page 413 40 CITY OF NE FORT BEACfl) COUNCIL MEMBERS December 10, 1990 MINUTES INDEX • RVLL btas \ \ \ \ ` \ \ Reference was made to the possibility of otion 11 Ayes x "hardship cases," wherein it was indicated that such cases will be considered by the city council at the time the cost report is filed and hearing held, based upon verification from the City Attorney. Council Member Hedges indicated he felt more information was needed from staff prior to moving ahead with the project; and therefore, substitute motion was made to continue the decision on this matter for 90 days for further report relating to soil erosion, liability, and geological issues, which motion carried. Mayor Sansone opened the public hearing concerning IMPROVEMENT OF OCEAN FRONT PW/Ocean Front St STREET ENDS OF ORANGE AND PROSPECT STREETS. Ends/Orange & Prospect Report from the Public Works Department. was noted that on April 24, 1989, the (74) • Ci y Council directed the staff to use the Pro.edure of Chapter 27 of the Improvement Act •f 1911 to improve the ocean front stree' ends of Orange and Prospect Streets. Becaus= Orange and Prospect Streets, being located at a signalized intersection of Coast Hi. way are major entrances to the public be. h in West Newport, the Public Works Deparent recommends that each owner of abutting .roperty pay for full width street improv ente from the alley that is parallel to he Ocean Front to the southerly end o his/her driveway; and that the City pay for .11 other improvements in each street end f•om the southerly end of each driveway appr•=ch to Ocean Front. • A map was displayed de•icting the locations and the improvements onstructed in the street ends. It was po• ted out that four parcels are being,impact.d. Kemal A. Batniji, 6800 W Ocean Front, addressed the Council -garding the planters installed in front •f his home. • ' He stated that originally the planters were supposed to be five feet wide •• keep the sand from blowing into the entra ce of his home. However, the planters have wo foot wide ledges which are being u:ed as benches. Consequently, people are : tting on the benches and blocking his ront entrance, not to mention the trash and debris that is left behind. He urged he • Council to modify the planter (removing t e bench) in order that it be a "real" plants& as previously discussed. Volume 44 - Page 414