HomeMy WebLinkAbout04/12/1999 - Regular Meeting0 CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
April 12, 1999 - 7:00 p.m.
- 6:00 p.m.
1 `!�l 3
With Mayor Pro Tern Thomson and Council Member Glover absent, pursuant to G.C.
§54954.2(b)(2) the Council voted unanimously to add Arthur vs. City of Newport
Beach to the Closed Session agenda to discuss issues that arose after the posting of
the agenda.
CLOSED SESSION REPORT PRESENTED — None
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Adams, Thomson, Glover, Debay, Ridgeway, Noyes, Mayor O'Neil
Absent: None
Pledge of Allegiance — Mayor O'Neil.
• Invocation by Council Member Debay.
Proclamation recognizing April 11 -17, 1999 as "National Library Week"
presented to Library Board Chairman Jim Wood.
MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A
FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON-
Council Member Debay requested that staff bring back a report regarding
the problems with the volleyball courts and their close proximity to the
homes in the 2400 block of West Oceanfront.
• Council Member Noyes announced that the Endeavour will be in Newport
Beach for one week starting on Friday, April 16th. He also announced that
starting at 8:00 a.m. and throughout the day on the 16th they will be firing a
cannon.
• Council Member Noyes suggested that a joint meeting be held with the City
of Costa Mesa on common issues for both cities (school district, ABLE
program, traffic issues, etc.) and asked that staff contact the City of Costa
Mesa.
• Mayor O'Neil requested a report on the reforestation along Pacific Coast
• Highway in Corona del Mar. General Services Director Niederhaus
explained the project, the liability from the ficus trees that were removed,
' the different phases of the project and the reforestation that is taking place
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City of Newport Beach
City Council Minutes
April 12, 1999
with King Palms and Hong Kong orchards. He explained that the project
has been done in conjunction with the Chamber of Commerce, the BID and
local businesses.
CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR MEETING (STUDY
SESSION) OF MARCH 22, 1999, AND REGULAR MEETING OF
MARCH 22, 1999. Waive reading of subject minutes, approve as written
and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all ordinances and resolutions under consideration, and direct City
Clerk to read by title only.
RESOLUTIONS FOR ADOPTION
3. RESOLUTION NO. 99 -20 ESTABLISIIING NO PARKING
RESTRICTIONS FOR STREET SWEEPING FROM 9:00 A.M. TO 12:30
P.M. ON MONDAYS AND TUESDAYS ON BALBOA BOULEVARD
BETWEEN 13TH AND 14TH STREETS AND RESCINDING
RESOLUTION NO. 98-68. Adopt Resolution No. 99 -20.
4. RESOLUTION NO. 99 -21 AUTHORIZING INSTALLATION OF A
STOP SIGN ON 8TH STREET AT WEST BAY AVENUE. Adopt
Resolution No. 99 -21 requiring all traffic on Ste Street to stop at West Bay
Avenue.
5. RESOLUTION NO. 99 -22 REVISING THE HOURS OF OPERATION
OF PARKING METERS ADJOINING CHURCHES ON BALBOA
PENINSULA AND RESCINDING RESOLUTION NO. 94 -32. Adopt
Resolution No. 99 -22.
6. RESOLUTION NO. 99 -23 DECLARING THE CITY'S INTENTION TO
CONDUCT A PUBLIC HEARING ON APRIL 26, 1999 TO CONSIDER
THE GRANTING OF A NON - EXCLUSIVE SOLID WASTE
FRANCHISE TO KEVIN RAY DEMOLITION AND INTRODUCTION
OF ORDINANCE NO. 99 -8 GRANTING A NON - EXCLUSIVE SOLID
WASTE FRANCHISE TO KEVIN RAY DEMOLITION. Adopt Resolution
No. 99 -23 setting the public hearing for April 26, 1999; and introduce
Ordinance No. 99 -8 and pass to second reading on April 26, 1999.
7. Removed from the Consent Calendar by a member of the audience.
8. Removed from the Consent Calendar by a member of the audience.
9. Removed from the Consent Calendar by Mayor Pro Tem. Thomson.
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Res 99 -20
Street Sweeping
(85)
Res 99 -21
Stop Sign
(85)
Res 99 -22
Parking Meters
(85)
Res 99 -23 /Ord 99 -8
Non - Exclusive
Solid Waste
Franchise
(42)
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City of Newport Beach
City Council Minutes
April 12, 1999
IV ID)
ORDINANCE FOR INTRODUCTION
10.
INTRODUCE ORDINANCE NO. 99 -9 AMENDING CHAPTER 12.24
Ord 99 -9
(SPECIAL SPEED ZONES) OF THE NBMC TO ADD STREETS
NBMC 12.24
RECENTLY RELINQUISHED TO OR ANNEXED BY THE CITY OF
Special Speed Zones
NEWPORT BEACH. Introduce Ordinance No. 99 -9.
(53/85)
CONTRACTS AND AGREEMENTS
11.
COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF
C -3274
ORANGE AND THE CITY OF NEWPORT BEACH FOR STREET
County of Orange/
SLURRY SEAL. Authorize the Mayor to execute a cooperative agreement
Street Slurry Seal
between the County of Orange and the City of Newport Beach for the slurry
(38)
sealing of streets by the County within the City limits.
12.
BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT; ALLEYS
C -3249
233, 234, 228 D & E - AWARD OF CONTRACT (C- 3249). Approve the
Balboa Peninsula
plans and specifications; award C -3249 to E.C. Construction for the total bid
Alley Improvement
price of $59,189.42 and authorize the Mayor and City Clerk to execute the
Project
contract; and establish an amount of $5,900 to cover the cost of unforeseen
(38)
work.
13.
BUCK GULLYILITTLE CORONA BEACH OUTLET MODIFICATION
C- 3094/BA -057
(C -3094) - COMPLETION AND ACCEPTANCE. Accept the work;
Buck Gully/
authorize the City Clerk to file a Notice of Completion; authorize the City
Little Corona Beach
Clerk to release the bonds 35 days after the Notice of Completion has been
Outlet Modification
recorded in accordance with applicable portions of the Civil Code; authorize
(38/40)
a budget amendment (BA -057) to appropriate $1.65,800.52 from the General
Fund Reserve to Tide and Submerged Land Fund Account No. 7231 -
05100333 and to reduce the Contributions Fund Account No. 7251- C5100333
by $534,000.
14.
1998.99 NEWPORT PIER REPAIRS - AWARD OF CONTRACT (C-
C- 3206/BA -056
3206). Approve the plans and specifications; award the contract to John S.
1998 -99 Newport
Meek Company for the total bid price of $189,975 and authorize the Mayor
Pier Repairs
and the City Clerk to execute the contract and establish an amount of
(38/40)
$18,681 to cover the cost of unforeseen work; and authorize a budget
amendment (BA -056) to transfer funds in the amount of $114,000 from three
Tide and Submerged Land General Fund accounts to Newport/Balboa Pier
Inspect/Repairs Fund Account No. 7231- C5100153.
15.
BALBOA BOULEVARD REHABILITATION', MAIN STREET TO "G"
C -3176
STREET - REJECT ALL BIDS - (C- 3176). Reject all bids and direct that
Balboa Boulevard
the project be re- advertised with modifications in the plans and
Rehabilitation
specifications to provide for CDBG funds to be used for construction and a
(38)
revised Alternate that will reduce the cost of the intersection treatment.
MISCELLANEOUS ACTIONS
16.
PLANNING COMMISSION AGENDA FOR APRIL 8, 1999. Receive and
Planning
file.
(68)
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April 12, 1999
INDEX
• 17.
APPROVAL OF 301 ABALONE AVENUE - DRIVEWAY APPROACH
EP -99 -109
EXTENSION (EP -99 -109). Approve the application subject to an
301 Abalone Avenue
Encroachment Permit and conditions set forth by the Public Works
(65)
Department.
18.
APPOINTMENT TO THE AVIATION COMMITTEE. Confirm Council
Aviation Committee
Member Adams' appointment of Mike Bigi as the alternate for District 4 to
(24)
the Aviation Committee.
19.
APPOINTMENT TO ECONOMIC DEVELOPMENT COMMITTEE.
Economic Development
Confirm appointment of David Salisbury as restaurant industry
Committee
representative to replace Bill Hamilton.
(24)
20.
STATUS REPORT ON OIL AND GAS WELLS REHABILITATION
Oil & Gas Wells
PROGRAM. Receive and file report.
(89)
21.
DONATION OF CITY PROPERTY. Approve the donation of an electronic
City Property Donation
engine analyzer to the Newport -Mesa Unified School District.
(44173)
22.
USE OF NEWPORT BEACH PLAYING FIELDS. Receive and file report.
Field Use (62)
23.
BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM
C -3275
VACATION RESOLUTION AND AGREEMENT. Approve in concept the
Bay Island Public
Draft Bay Island Public Service Easement and Sewer System Vacation
Service Easement
Agreement; and concur with the action of the City Clerk for April 26, 1999 at
and Sewer System
•
7:00 p.m. to consider the vacation of the Bay Island Public Service Easement
Vacation
and Sewer System.
(38)
24.
BUDGET AMENDMENT (BA -058) TO APPROPRIATE FUNDS IN
BA -058
THE AMOUNT OF $1,024 RECEIVED FROM THE DEPARTMENT OF
Donation to Library
EDUCATION TO THE LIBRARY MATERIALS ACCOUNT. Approve
(40/50)
BA -058.
25.
BUDGET AMENDMENT (BA -059) TO APPROPRIATE FUNDS IN
BA -059
THE AMOUNT OF $2,500 RECEIVED AS A DONATION FROM THE
Donation to Track
NEWPORT BALBOA ROTARY CLUB FOUNDATION TO
and Field Meet
SUPPLEMENT THE YOUTH TRACK AND FIELD MEET. Approve BA-
(40/62)
059.
26.
BUDGET AMENDMENT (BA -060) TO APPROPRIATE FUNDS IN
BA -060
THE AMOUNT OF $7,000 RECEIVED FROM SCHOCK BOATS TO
Donation to
SPECIAL DEPARTMENT SUPPLIES AND PROFESSIONAL &
Fee Based Classes
TECHNICAL SERVICES. Approve BA -060.
(40/62)
S33.
Removed from the Consent Calendar by Council Member Noyes.
S34.
BUDGET AMENDMENT (BA -061) TO TRANSFER $25,000 FROM
BA -061 /C -3276
UNAPPROPRIATED FUND BALANCE TO THE CITY ATTORNEYS
El Toro Airport
OFFICE (8080 ACCOUNT) AND AUTHORIZATION TO CONTRACT
(38/40/54)
FOR SERVICES RELATING TO ANALYSIS, RESEARCH AND
.
POTENTIAL LITIGATION AGAINST THE "SAFE AND HEALTHY
COMMUNITIES INITIATIVE ". a) Approve BA -061; and b) Authorize the
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City Attorney, or his designee, to enter into a professional services
agreement with a contractor for the purposes of analysis, research and
potential litigation against the "Safe and Healthy Communities Initiative" in
an amount not to exceed $25,000.
Motion by Mayor Pro Tern Thomson to approve the Consent Calendar,
except for those items removed (7, 8, 9 and S33).
Without objection, the motion carried by acclamation.
ITEMS REMOVED FROM THE CONSENT CALENDAR
7. RESOLUTION NO. 99 -24 SUPPORTING THE PROPOSED FLIGHT
DEMONSTRATION FOR EL TORO MCAS.
S. RESOLUTION NO. 99 -25 SUPPORTING INTERIM CARGO
OPERATIONS AT EL TORO MCAS.
Charles Griffin, 732 Bison Avenue, noted that 747's are not to be included in
the flight demonstration. He spoke against the flight demonstrations at a
cost of $3 million.
Mr. Griffin said he favors the cargo operations and said the City needs to
help the County overcome the obstacles with the lease in order to get the
cargo operations going as soon as possible.
Russell Niewiarowski, the New Millennium Group, Santa Ana Heights,
distributed information to the Council regarding the demonstration. He said
that the option of reconfiguring the runways is now an alternative in the
EIR. By not supporting a runway reconfiguration, the entire airport re -use
proposal will be slowed down. He said the sound demonstration is a bad idea
because the runways will be reconfigured.
Motion by Council Member Adams to adopt Resolution No. 99 -24
supporting the proposed flight demonstration for El Toro MCAS and
Resolution No. 99 -25 supporting the interim cargo operations at E1 Toro
MCAS.
Without objection, the motion carried by acclamation.
9. LEASE AGREEMENTS WITH THE LIDO ISLE COMMUNITY
ASSOCIATION (LICA) FOR STREET END PARKS, MARINA AND
BEACHES ON LIDO ISLE.
Mayor Pro Tern Thomson requested a staff review of the appraisal of the
property involved. He said he doesn't agree with the amount of dollars being
traded. He said his recollection is that there are signs on the beaches stating
that they are restricted beaches, so the entire public is not allowed use of
them. He addressed the large increase, however noted that they have been
underpaying since 1928. He said that in effect this is a neighborhood park
that is restricted to people on Lido Isle. He said he would like the City to
look at this in terms of replacement value and noted his concern about the
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INDEX
Res 99 -24
El Toro MCAS/Flight
Demonstration (54)
Res 99 -25
El Toro MCAS/
Cargo Operations (54)
Res 99 -26
C- 3272/C -3273
Lido Isle Community
Association (LICA)
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City Council Minutes
April 12, 1999
INDEX
amount of money being exchanged and would like a true justification for
that.
Assistant to the City Manager Kiff explained that this proposal will take the
single lease that the City has today with the Lido Isle Community
Association (LICA) and break it into two leases. One lease would be for the
Antibes Marina wet slips and one for the dry storage, street ends, parks and
beaches. At this time last year Bill Hanson conducted an appraisal of these
properties, which stated that LICA should pay the City $47,000 per year in
rent. The appraisal was based on the economic land rent of the rents for the
dry storage area and the slips, and the rental value of the passive open
space. LICA today pays about $7,800 per year to lease the same premises.
He said some will argue that the rent should go up to the full $47,000 and
others will argue with some validity that two key actions should cause the
Council to consider an amount lower than that. These actions are that: 1)
the street end parks arguably shouldn't be the City s property since in 1928
the City itself required the dedication of these parcels as a condition of the
subdivision map approval for Lido Isle; and 2) the appraisal itself is
somewhat subjective as to the value it assigns to the street end parks and
beaches. LICA spends about $110,000 per year maintaining the parks, but
the appraisal only counts 50% of these costs in the valuations. If all the costs
were considered the parks expense would be such a drain on the value of the
leased properties that the entire premises would beg a lease value of about
$1.00 per year. Since this is so subjective, Council Member Ridgeway has
• been negotiating a compromise with LICA and arrived at the two separate
leases before Council tonight. The City would receive 30% of the gross
receipts for the marina and LICA gets the parks, beaches and storage areas
for free if they agree to maintain them at the same level they do today.
These are parks that are reserved for Lido Isle residents. He explained that
there is a sidewalk along each park that guarantees public access to the
beach.
Mayor Pro Tem Thomson pointed out that the City is rewarding LICA for
spending their money on the parks. Mr. Mff explained that it isn't just the
parks that they maintain — they also are required to maintain the access
sidewalks and clean the beaches. Mayor Pro Teen Thomson stated that it is
LICA's choice to maintain them at the highest level.
Council Member Ridgeway stated that the lease for the Lido Isle parks and
beaches requires that public access be maintained and provided. He said he
thinks it is a fair and reasonable lease for the reasons stated in the staff
report. He said there is a special circumstance and the bifurcation of the two
leases is a reasonable compromise based upon the amount of money that
LICA spends on the park ends and on the amount of money they are
required to spend for capital improvements to the Via Antibes Marina.
Motion by Council Member Rid eway to: a) approve the proposed leases
with the Lido Isle Community Association, including one lease for
approximately $31,500 per year and one lease where "rent" is LICA's park
• maintenance obligations; b) per Council Policy F -7, find that the City may
enter into a lease lower than the projected rental value of an appraisal for a
specified reason; and c) adopt Resolution No. 99 -26 relating to the findings
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April 12, 1999
. and the two lease agreements with LICA.
City Attorney Burnham suggested that it might be appropriate to add a
provision that requires LICA to use its best efforts to maintain the wet slips
at full occupancy.
Council Member Ridgeway amended his motion to include the suggested
provision.
Without objection, the motion as amended carried by acclamation.
533. REVIEW OF G -1 POLICY (RETENTION OR REMOVAL OF TREES);
SUSPENSION OF THE USE OF THE G -1 POLICY DURING THE
REVIEW PERIOD EXCEPT SECTIONS C & E UNDER "ALL OTHER
CITY TREES"; AND OVERTURN OF THE DECISION MADE BY THE
PARKS, BEACHES & RECREATION COMMISSION ON APRIL 6,
1999 TO DENY A CHANGE OF A DESIGNATED PARKWAY STREET
TREE (FLOWERS) (Requested by Mayor Pro Tem Thomson).
Motion by Council Member Noyes to separate this item into two parts: a
& b and c.
Without objection, the motion carried by acclamation.
• Council Member Noyes said that he is not inclined to overturn the G -1 policy
in one night since it took several years to develop.
Motion by Council Member Noyes to direct staff to review the policy to
see if it can be improved and come back in thirty days, but not suspend the
use of the policy.
Council Member Glover spoke in support of getting the original group back
together to review the policy if changes are to be made.
Council Member Noyes clarified that he wants staff to look at how the policy
is being implemented and he is not suggesting making major changes to it.
Pat Beek, Chair of the Parks, Beaches & Recreation Commission, suggested
that members of the commission that were involved in the development of
the policy should be involved in the review if modifications are to be made.
Debra Allen, 1021 White Sails Way, Corona del Mar, spoke in support of not
suspending the policy for any period of time, however voiced concern about
staff coming back in thirty days with changes to the policy. She said
reforestation and trimming of trees is a major concern to homeowners
associations. She asked the Council to not "tweak" the policy if it can be
helped. She said that even looking at the implementation of the policy will
open `Pandora's Box". She suggested that the Council just deal with the
issue at 2118 Serrano Avenue that is on the agenda and leave the policy
• alone.
Jan Vandersloot, 2221 E. 16th Street, said that if the G -1 policy is reviewed
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G -1 Policy and
Parkway Street
Tree Designation/
2118 Serrano
(62/69)
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City Council Minutes
April 12, 1999
that staff should review it in a couple of ways: 1) the penalties for people who
illegally remove trees in the City, suggesting a fine structure ($10,000 for
illegally removing a tree); and 2) the implementation of the reforestation
policy because of some problems.
George Parker, 3407 Seabreeze Lane, reiterated Ms. Allen's concerns and
noted that when the final policy was voted on by the Parks, Beaches &
Recreation Commission and the Council that the votes were unanimous.
Philip Arst, 2601 Lighthouse Lane, Corona del Mar, said he is troubled to
hear people talking about fines of $10,000 and people running around over
trees that are an eyesore and a problem in neighborhoods. He said he
believes the G -1 policy is adequate the way it is and the reforestation policy
will handle the ficus tree problem. He noted that the problems before the
Council tonight might have been able to be handled if they would have been
classified as reforestation.
Council Member Noyes clarified that his motion asks staff to review the
mechanism used to resolve individual disputes and bring the report back in
thirty days.
General Services Director Niederhaus said that the staff deals with 200 -300
tree requests per month and noted that the G -1 policy leans toward
preservation. He noted that there are some minor implementation problems,
however not in the reforestation or the supplemental trimming procedures.
He said the problems seem to be with individual tree removals and if staff
were allowed to interpret them as reforestation rather than single removals,
it would facilitate the whole process.
Council Member Ridgeway said that there should be a rule of reason and
that it appears that strict application of the current policy has taken away
some ability to use common sense and reason. He asked that staff look at
that approach, as well as the public safety issues.
Without objection, the motion as clarified carried by acclamation.
Mayor Pro Tem Thomson explained that there was a problem with trees on
Peninsula Point. The trees were tearing up the sidewalk so the owner called
General Services on February 17, 1998 and requested that the trees be
removed. Subsequent to that date, children sustained injuries while playing
in the area due to the broken concrete, etc. The owner waited over seven
months and finally had a private crew remove the trees. After the trees
were removed he walked through the neighborhood to determine the types of
trees that were doing well and subsequently bought some trees to replace the
ones he had removed. Since then he has been threatened with all kinds of
actions because he didn't subscribe to the G -1 policy. He explained that he
was asked by a mutual friend to assist the owner, so he met with the Deputy
City Attorney and the owner to work out a solution to the problem. The
owner was required to: 1) obtain a written note of approval from each owner
on his street asking that the Norfolk Island Pine be designated as an
additional tree for the street; 2) pay the City the replacement cost of the
trees that he had removed (approximately $800); 3) obtain the written
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• approval of the president of the homeowners association that the Norfolk
Island Pine tree would be an additional designated tree for that street; and
4) sign a letter of financial responsibility for any damage his trees might ever
do in the future to the sidewalk or any affected area. The owner fulfilled all
these requirements. On Tuesday, April 6, 1999, the issue came before the
Parks, Beaches & Recreation Commission and was rejected. He said he
wasn't sure exactly why it was rejected and to his knowledge the
Commission didn't offer any solution other than tearing out the new trees
and replacing them. He requested that the Council overturn the decision of
the Parks, Beaches & Recreation Commission, therefore approving the
agreed -upon solution that the City made with the property owner.
Council Member Glover stated that trees are one of the City's biggest areas
of controversy — people are either tree lovers or feel trees are a nuisance.
She noted that the trees that were removed were on City property and said
she feels the City must uphold the G -1 policy. She spoke in support of
having a strict policy as it pertains to trees since it is subjective. She said
the citizens need to be educated about obeying the law.
In response to Council Member Ridgeway's question about whether the
owner was present, Mayor Pro Tom Thomson explained that he had a prior
business commitment that took him out of town. Council Member Ridgeway
concurred with Council Member Glover on the issue of educating the citizens
and said he isn't prepared to rule on this issue without the property owner
• being present. He said he visited the site and questioned whether there is
an encroachment permit or any type of approval for the rocks and palms that
have been placed in the public right -of -way. He also questioned where the
owner saw the other Norfolk Island pines in the neighborhood.
Motion by Council Member Ridr±ewav to continue this item to either the
next meeting or whenever the owner can be present.
Council Member Debay requested that the minutes of the April 6h Parks,
Beaches & Recreation Commission meeting be part of the agenda report if
the motion to continue this matter is approved.
Pat Beek, Chair of the Parks, Beaches & Recreation Commission, apologized
for having to be at the meeting representing the commission since the
commission ordinarily handles these matters, but this particular item has
become a crusade of Mayor Pro Tern Thomson. At the request of Mr. Jack
Flowers at last week's PB &R Commission meeting a proposal to change the
designated street tree for Serrano Avenue from Magnolia to the Norfolk Pine
was denied. She noted that the commission has never seen Mr. Flowers but
his spokesperson, Mayor Pro Tem Thomson, took issue with the
Commission's decision. She explained that Mr. Flowers requested a single
tree removal and it was denied by staff, who investigated the situation and
made an offer to resolve his complaint. After further correspondence with
the City giving Mr. Flowers options that would stay within the established
tree policy, Mr. Flowers unilaterally removed three trees illegally and
• planted three trees of his own choosing. The replacement trees are not
designated street trees anywhere in the City and would not be considered
appropriate trees by staff because of their potential size and threat to public
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April 12, 1999
• safety. She noted that in the April 7th correspondence from Mayor Pro Tem
Thomson, he refers to a mutual friend who is concerned about Mr. Flowers'
trees, and said she would like to know who the mystery person is and why
the trees are so significant. She said they have neither seen Mr. Flowers nor
this mystery person.
Council Member Ridgeway called for a point of order pointing out that
personalities are not important and the issue before the Council is the
removal and replacement of trees.
Ms. Beek said she wants to establish that trees were removed by the
landowner and the rockwork in the front was placed there by the property
owner. She said the trip and fall accidents that are occurring are because of
the construction and the rockwork that was placed there by the owner and
not because of the trees. She said there was a blatant disregard for the
policy by putting in the wrong trees. She noted that there are no Norfolk
Pines in the area and the president of the homeowners association was never
contacted by the property owner, but was contacted by Mayor Pro Tem
Thomson to write the letter, and he wrote the letter because he thought he
was helping people out. As a Commission, they voted that it was the wrong
tree, it doesn't belong there and it needs to be removed. She said that the
length of time referred to earlier is untrue since there has been numerous
correspondences from both parties trying to resolve the issues.
• Mayor Pro Tem Thomson explained that he has no vendetta or reason to
make a cause out of the tree, but was asked to help out with an identified
problem. To his knowledge, he said the City agreed that the tree that was
planted there must come out because it was damaging City property and the
surrounding area.
Council Member Noyes called for the question.
After discussion about when this item should come back to Council, Mayor
O'Neil clarified that the matter will be continued for two weeks (April 26,
1999).
Without objection, the motion to continue this matter for two weeks carried
by acclamation. Council Member Glover was not present for the vote.
Council Member Ridgeway requested that the Public Works Director
determine if an encroachment permit was issued for the rocks in the public
right -of -way.
PUBLIC COMMENTS
Ed Benson, 1028 Westwind Way, said that questions have arisen about why
some comfort items and amenities have not been added to the Castaways
Park. He said that during the planning stages it was indicated that the
second phase would be the addition of comfort items to make the area more
• attractive. He asked for the City's help to improve the situation and
suggested that some comfort benches and a gazebo be added to the park.
Council Member Glover stated that there is a committee working on that
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and she would contact Mr. Benson.
Charles Hartwell, 2408 W. Oceanfront, referred to the fax he sent everyone
requesting that a volleyball court at 2406 W. Oceanfront be relocated and
asked that this item be placed on a future agenda. It was explained that
Council Member Debay already requested a report from staff at the April
26th meeting on this issue.
Council Member Ridgeway, speaking as a resident, addressed concerns with
the denigration of the tidepools in Corona del Mar, and requested that a
status report be placed on the April 26th agenda.
PUBLIC HEARINGS
27. REDSTONE PLAZA (WARE & MALCOMB ARCHITECTS,
APPLICANT) - 1300 DOVE STREET - REQUEST TO PERMIT A 2,350
SQUARE FOOT ADDITION TO AN EXISTING THREE STORY
COMMERCIAL OFFICE BUILDING AND RELATED ON -SITE
PARKING, WHICH REQUIRES THE APPROVAL OF A GENERAL
PLAN AMENDMENT AND PC AMENDMENT TO INCREASE THE
SQUARE FOOTAGE ENTITLEMENT IN BLOCK F OF THE
NEWPORT PLACE PLANNED COMMUNITY TO REFLECT THE
EXISTING DEVELOPMENT AND TO ACCOMMODATE THE
CONSTRUCTION OF THE PROPOSED EXPANSION AND A
MODIFICATION TO PERMIT REDUCTION OF THE PARKING
REQUIREMENT RATIO FROM 1 SPACE FOR EACH 225 SQUARE
FEET TO 1 SPACE FOR EACH 250 SQUARE FEET OF NET FLOOR
AREA.
Mayor O'Neil opened the public hearing.
Ted Hiseler, Ware & Malcomb Architects, representing the applicant, stated
that he agrees with the staff report and accepts the conditions of approval.
Hearing no further testimony, Mayor O'Neil closed the public hearing.
Motion by Council Member Adams to adopt Resolution No. 99 -27
approving General Plan Amendment No. 98 -3(B); adopt Ordinance No. 99 -7,
an amendment to the Newport Place Planned Community (Planned
Community Amendment No. 883); and sustain the action of the Planning
Commission and approve the applications related to the General Plan
Amendment, subject to the findings and conditions as modified by the
Planning Commission (Modification Permit No. 4884).
Without objection, the motion carried by acclamation.
28. I- IAR13OR DAY SCHOOL - 3443 PACIFIC VIEW DRIVE - REQUEST
TO PERMIT THE CONSTRUCTION OF A 12,750 SQUARE FOOT
GYMNASIUM BUILDING AND INTERIOR REMODEL OF THE
. EXISTING GYMNASIUM/MULTI- PURPOSE BUILDING TO ALLOW
FOR THEATRICAL PRODUCTIONS AND VARIOUS OTHER
SCHOOL FUNCTIONS IN CONJUNCTION WITH AN EXISTING
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INDEX
Ord 99 -7/Res 99 -27
Mod. Permit 4884
PCA 883
Redstone Plaza
1300 Dove Street
(94)
Res 99- 28 /GPA 99 -1(E)
Use Permit 1546
Harbor Day School
3443 Pacific View Drive
(45)
City of Newport Beach
City Council Minutes
April 12, 1999
• SCHOOL FACILITY, WHICH REQUIRES THE APPROVAL OF A
GENERAL PLAN AMENDMENT TO PERMIT ADDITIONAL
DEVELOPMENT BEYOND THE CURRENT GENERAL PLAN FLOOR
AREA LIMITATION OF 0.15 AND AN AMENDMENT TO USE
PERMIT NO. 1546 TO PERMIT EXPANSION OF THE SCHOOL
FACILITY TO ACCOMMODATE THE CONSTRUCTION OF A
GYMNASIUM AND REMODEL OF THE EXISTING GYMNASIUM
INTO AN AUDITORIUM AND REQUEST TO EXCEED THE 32 FOOT
HEIGHT LIMT.
Mayor O Neil opened the public hearing.
Sid DuPont, Headmaster at Harbor Day School., asked Council to approve
their request and said he accepts the conditions of approval. He explained
that the theater will have seating capacity for approximately 400, and
currently they have seating for approximately 600.
Council Member Debay commended the Harbor Day School on the
gymnasium due to the shortage of space in the City.
Hearing no further testimony, Mayor O'Neil closed the public hearing.
Motion by Mayor Pro Tent Thomson to adopt Resolution No. 99 -28
approving General Plan Amendment No. 99 -1(E); and sustain the action of
• the Planning Commission and approve the application related to the General
Plan Amendment, subject to the findings and conditions as modified by the
Planning Commission (Use Permit No. 1546 Amended.)
Without objection, the motion carried by acclamation
29. DAVIDSSON RESIDENCE (D & L ENGINEERING, APPLICANT) -
3000 AND 3002 BREAKERS DRIVE - AMENDMENT TO REVISE
DISTRICTING MAP NO. 18 TO ESTABLISH A 5 FOOT FRONT YARD
SETBACK ON BREAKERS DRIVE IN CONJUNCTION WITH THE
RESUBDIVISION OF TWO PARCELS OF LAND FOR THE PURPOSE
OF REORIENTING THE FRONT OF THE LOTS TO BREAKERS
DRIVE AND A REQUEST FOR AN EXCEPTION TO THE
SUBDIVISION CODE BECAUSE THE INTERIOR PARCEL IS LESS
THAN THE REQUIRED 50 FOOT LOT WIDTH AND 5,000 SQ. FT.
TOTAL AREA FOR INTERIOR LOTS, AND THE CORNER PARCEL
IS LESS THAN THE REQUIRED 60 FOOT LOT WIDTH AND 6,000
SQ. FT. TOTAL AREA FOR CORNER LOTS.
Mayor O'Neil opened the public hearing and noted that he received an
inquiry from a resident on Breakers Drive about; this project and requested
that the Planning Director address their concerns.
Planning Director Temple reported that this item involves an application to
amend the Districting Map to establish a front-yard setback and approval of
• a subdivision map to reorient the lots to Breakers Drive. The particular
design of the subdivision is based on the existing structures that are on site
and which are intended to remain on site. In terms of the requested five -foot
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I IN 1 `
Ord 99- 10/PCA 882
Davidsson Residence
(D & L Engineering)
3000/3002 Breakers
Drive
(94)
City of Newport Beach
City Council Minutes
April 12, 1999
• front yard setback, she explained that that magnitude of setback is very
commonly applied in the community of old Corona del Mar. Additionally,
the subdivision plan has been reviewed by the Public Works Department and
the Fire Department and no access problems or emergency access problems
are anticipated as a result of the subdivision. Additionally, it would be
important to note that the City would not utilize private front yard setback
areas as a means of gaining access to any property on an emergency basis.
Hearing no testimony, Mayor O'Neil closed the public hearing.
Motion by Mayor O'Neil to introduce Ordinance No. 99 -10 and pass to
second reading on April 26, 1999.
Without objection, the motion carried by acclamation.
30. CALCULATION OF RESIDENTIAL MAXIMUM FLOOR AREA
LIMITS (AMENDMENT 884) - AMENDMENTS TO THE ZONING
CODE TO EXEMPT BATHROOMS, CONNECTING CORRIDORS,
FOYERS AND STAIRWELLS FROM THE CALCULATION OF
RESIDENTIAL FLOOR AREAS.
Mayor O'Neil opened the public hearing.
Volume 52. Page 432
INDEX
Ord 99- 11/PCA 884
Residential Maximum
Floor Area Limits
Calculation
(94)
Planning Director Temple explained that three members of the City Council
contacted the Planning Department with questions on this application. As a
•
result of the concerns raised, staff determined that there needed to be some
clarifying language added to the recommendation of the Planning
Commission. The clarifying language will insure that it is clear within the
action that the areas which are subject to the exclusions discussed in the
staff report, such as foyers, connecting corridors and bathrooms, will be
counted at least one time for floor area and are not totally excluded from the
floor area calculation. With the clarifying language, staff is recommending
approval of the item. In response to Council Member Glover's question
about the origin of this matter, Ms. Temple explained that many years ago
the Planning Commission and the City Council adopted an amendment
which was focused on some particular design problems which had arisen on
Balboa Island, where certain projects were developed with two clear story
garages and subsequent to the final building permit, the second floor was
enclosed for additional bedrooms. The action at that time was intended to
address non - habitable areas and based on staffs review of the record, staff
believed it was really focused on extra space above garages. When the
zoning code was changed last year, a new definition for habitable area was
adopted which then created some new areas which would have been subject
to the floor area limitation of two floors, such as two -story foyers, connecting
corridors and restrooms. When staff became aware of this, they returned to
the Planning Commission with a variety of options and the Commission
decided that it was appropriate to exclude those certain areas from being
counted twice if there was a two -story element within the living space of the
building and therefore have presented this recommendation tonight.
•
Council Member Glover questioned whether any architects were involved
with this and said she would like them to have the ability to do some
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INDEX
Ord 99- 11/PCA 884
Residential Maximum
Floor Area Limits
Calculation
(94)
City of Newport Beach
City Council Minutes
April 12, 1999
• interesting things in a home and not be impeded by the thought of someone
living in the garage; and asked whether this amendment would have that
kind of flexibility.
Ms. Temple said that the Planning Commission's recommendation is
intended to provide the greatest amount of' flexibility to the design
community, particularly as it relates to the interior of the structure, but can
also have some benefits from an external elevation standpoint.
Council Member Ridgeway concurred with the change and the
recommendations made by the Planning Commission.
Hearing no testimony, Mayor O'Neil closed the public hearing.
Motion by Council Member Ridgeway to introduce revised Ordinance
No. 99 -11 and pass to second reading on April 26, 1999.
Without objection, the motion carried by acclamation.
CURRENT BUSINESS
31. TREE REMOVAL APPEAL - 2327 ARBUTUS AVENUE.
Volume 52 - Page 433
INDEX
Tree Removal Appeal
2327 Arbutus Avenue
(62)
James Parker, 2327 Arbutus Avenue, explained that gardening is a serious
hobby of his and noted that he is asking for the replacement of a tree and
•
would also be willing to contribute to any cost differential in order to obtain
a tree of appropriate size. He explained the requirements of good
husbandry. He noted that this tree, a Brazilian. Pepper, is a dirty tree. It
stains the sidewalk, destroys the paint on cars parked under it, has
contributed to the replacement of the sidewalk throughout the entire length
of the front of their home, and it has broken the curb and gutter which
causes water to pond in the gutter in front of their home. He said the City
will continue to grind down the sidewalk that is uplifted due to danger to
pedestrians and the children that populate the neighborhood. He noted that
the tree is located too close to both the water and sewer lines into their home
and under the current codes it would not be approved. The City installed a
sewer clean out a few feet from the tree because of continuing and ongoing
problems over the years. As determined by staff, the City will replace the
curb and gutter now and will have to do so again in four to five years when
the tree itself has to be removed. He said he has heard some concern about
the precedent that will be set if this tree removal is allowed. He noted that
the G -1 policy allows for general reforestation on applications by
homeowners associations and it also allows homeowners to seek redress of
their grievances about trees before the Parks, Beaches & Recreation
Commission and before the City Council. He noted that the City's policy
itself provides for precedence. He said it is not; a precedence to hear and
decide tree issues brought under the Council's own policy and noted that the
precedence now under Policy G-1 is to allow no tree removal. He explained
that he would like to keep a tree in front of his house, but not the current
•
tree.
Council Member Ridgeway clarified with Mr. Parker that he is not just
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INDEX
Tree Removal Appeal
2327 Arbutus Avenue
(62)
•
City of Newport Beach
City Council Minutes
April 12, 1999
INDEX
talking about the removal of a tree, but reforestation.
Council Member Adams explained that he has visited the site and talked to
Mr. Parker about this issue advising him of his feelings about it. He noted
that this is probably a precedence because it is waiving the restrictions of
Policy G -1. He pointed out that this is a big beautiful mature tree that
provides a lot of beauty to the neighborhood. He said that one of the prices
the City pays for these mature trees is damage to the curb, gutter and
sidewalks which needs to be addressed on a regular basis. On the
applicant's street there is a stretch where several of these trees have been
removed and it looks barren. He said the only real issue is whether the
removal of this tree can be done pursuant to the G -1 policy based on
repeated damage to the property. He said that in this case it is marginal,
however it looks like the curb and gutter can be replaced without removing
the tree. Given the fact that it is marginal he said he told the applicant that
the only way he would even consider overturning the Parks, Beaches &
Recreation Commission's decision and acknowledging that this meets the G-
1 policy for removal, would be if all the neighbors on his street agreed to the
removal of the tree and he provided such evidence to the City. He said that
the systematic removal of trees because people don't as the way they look
or the way they drop seeds on their cars will denigrate these neighborhoods,
but if the people that live on the street want to get rid of these trees, then it
should be allowed. He said he wants to make sure none of the neighbors are
offended by allowing the tree to be removed.
• Motion by Council Member Noyes to continue this matter for sixty days
(June 14, 1999) to allow time for the General Services Department to return
with recommendations on the mechanisms used to resolve individual
disputes. He said he is hopeful that the matter can be resolved through the
proper channels (staff first, PB &R second, and lastly Council).
Council Member Adams explained that the issue has been addressed by both
staff and PB &R and a decision was made. He noted that he is comfortable
with their decision to not remove the tree, however a continuance would
allow time for the applicant to get evidence of support from the neighbors for
the tree removal.
Council Member Glover said she supports Council Member Adams' approach
and thanked Mr. Parker for not cutting down the tree.
Substitute motion by Council Member Ridyeway to allow the removal
of the subject tree if it is replaced by two approved trees on the street.
Mr. Parker concurred, however voiced concerns with the placement of the
two trees based on the water and sewer lines. Fle also stated that he would
be more than happy to contact his neighbors to obtain their approval for the
tree removal.
Council Member Debay said she believes the scale of the tree has gone far
• past a complimentary street tree and voiced concerns with potential trip and
fall accidents from the elevated concrete.
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•
•
City of Newport Beach
City Council Minutes
April 12, 1999
Uouncil Member Adams noted that this tree is no larger than hundreds of
other similar trees in the neighborhood so to make the finding based on the
size of the tree would mean that every single pepper tree in Eastbluff would
need to be removed. He said that there are similar problems in front of other
pepper trees in the neighborhood.
Mayor O Neil spoke in support of continuing the matter to get input from the
neighbors.
Council Member Adams clarified that if Mr. Parker obtains support from his
neighbors regarding the tree removal there is no guarantee that the Council
will make a finding that it conforms to the provisions of the G -1 policy.
With Council Members Ridgeway and Debay voting in favor of the motion,
the substitute motion failed.
Without objection, the main motion to continue this item for sixty (60) days,
carried by acclamation.
Jan Vandersloot, 2221 E. 16th Street, pointed out that the G-1 policy calls for
the removal of trees if the tree is causing repeated damage which cannot be
alleviated by specific measures. In this case the damage that was created by
the tree can be alleviated. He said the question is whether the tree can be
retained and the sidewalk repaired and then indicated that it can be. He
explained a procedure used of putting a root barrier around trees and
trimming the roots of the tree so it will no longer cause that specific problem.
If Mr. Parker's justification for removing trees were used, then the City
would be faced with the removal of possibly 500 trees throughout the City.
He asked that when Council deliberates the G -1 policy and when Mr.
Niederhaus comes back with his report, that the Council not decide to
remove trees only if they create damage. He noted that the G -1 policy
criteria for reforestation is for at least ten houses in a row and does not call
for a single house with a single reforestation. This concept that was ruled
out when the G -1 policy was developed. If the Council decides to allow Mr.
Parker to replant a 24 -inch box tree, the City will be getting rid of a $3500
tree and Mr. Parker will replace it with a $200 tree. If the City would
require him to put in a larger tree, such as a 36" box tree, it might cost $600-
$900. On Mr. Parker's street, it is his understanding that a lot of the trees
have been removed and they may have been removed illegally. If the
citizens are asked if they want the tree removed, they will probably say yes.
This situation might be rectified by reforesting the street.
32. AUTOBISTRO GROUND SIGN (3100 WEST COAST HIGHWAY) - TO
DETERMINE COMPLIANCE WITH THE INTENT OF A CONDITION
OF APPROVAL IMPOSED BY THE CITY COUNCIL IN RELATION
TO THE HEIGHT OF A PROPOSED MONUMENT SIGN.
Jonathan Rodriguez - Atkatz, PresidentICEO, Autobistro, stated that he is
seeking approval of a pedestal sign in front of his business. He said he is
• aware of some of the issues and controversies surrounding the building and
indicated that there have been a number of articles (national and
international) on the building and stated that it is probably one of the most
Volume 52 - Page 435
INDEX
Use Permit 3612
Autobistro Ground Sign
3100 West Coast Hwy.
(88)
City of Newport Beach
City Council Minutes
April 12, 1999
110 1
architecturally recognized buildings in the community. He stated that
notwithstanding that recognition, he is faced with a serious problem. He
said no one recognizes it as a restaurant — it is an interesting, different
building — but it is not recognized as a restaurant, fast food or otherwise. He
said he desperately needs a sign to identify the building as a restaurant. He
said what he is trying to accomplish is in line with the use permit and the
conditions imposed by it. He said they are trying to create a sign that is
understandable to people driving by taking into consideration the speed of
the traffic and the mixture of signs and buildings on the street and also
matches the architectural elements of the building itself. He explained the
proposed signage and their plan to bring in warmer colors to make it more
organic and look more like a restaurant.
Council Member Glover pointed out that the business being discussed is in
her district and it is the third fast -food restaurant in her district. She said
she appealed to the City Council not to permit this restaurant in her district,
however the majority of the City Council did not respect her wishes. She
explained that there is a design team that has been working on Mariner's
Mile that is made up of two architects and one landscape architect. She
noted that the lead architect met with the applicant when this came up and
the applicant met with a community group prior to approval by the City
Council. The lead architect of the design team asked the applicant to put in
certain landscape facets that were in concert with what is trying to be done
on Mariner's Mile. The applicant refused to put in any of those facets and
• when this item came through she made a recommendation that the height of
the sign not exceed six feet. She noted that the applicant took none of the
advice provided by the architect as it relates to the signage.
Motion by Council Member Glover to approve the sign as submitted,
however restrict the sign to a height of six feet. The motion failed due to a
lack of a second.
In response to Council Member Adams, Planning Director Temple stated
that the sign proposal as submitted conforms to the City's current sign code.
Council Member Adams explained that this project came before the Planning
Commission when he was a member of that body and he voted to deny the
project for a number of reasons. He said he is worried that the business
won't make it and the building is as close to a white elephant as it can get, so
he is supportive of anything within reason to make the project work. He
noted that this business has some sign challenges based on their location
and stated that since the request is consistent with the City's sign code, he
will support the request.
Ms. Temple indicated that there is currently a temporary eight -foot sign on
the site, which will be removed.
Council Member Noyes said he initially voted in favor of the project and may
have some regrets about it, however he believes in free enterprise and one
• person's ability to follow their dream, therefore he will support the request.
Motion by Council Member Noyes to approve the sign request as
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•
•
City of Newport Beach
City Council Minutes
April 12, 1999
submitted.
Val Skoro stated that he met with the owner of the Autobistro from the
standpoint of beautification and what could be done to the structure to
improve the appearance. He said a discussion was held about ways to soften
the appearance of the building and suggested planting 20 -foot fan palms at
the entrance, adding more palms around the periphery and other palms
around the bases to fit it with the surrounding landscaping. He said that the
color should also be taken into consideration.
Council Member Glover suggested that at a minimum the landscape
architect that has been working on Mariner's Mile should be involved with
this project. She also noted that the architect reviewed the color scheme and
did not approve it.
Council Member Adams strongly recommended to the applicant that he work
with the City's architect that has been working on Mariner's Mile.
Council Member Ridgeway stated that the applicant has a vision and if he
wants to try to perpetuate his vision, then he won't stand in his way. He
said he thinks the sign is very tastefully done and reiterated that this
concept was reviewed very positively in national magazines. He said he
respects Council Member Glover's position, however this is an application for
a sign and not an application for landscaping or a. review of the building.
Jan Vandersloot, 2221 E. 16th Street, voiced concern with the lack of parking
on -site and the price of the food.
With Council Member Glover objecting, the motion carried.
— None
ADJOURNME NT — 9:35 p.m.
The agenda for the Regular Meeting was posted on April 7, 1999, at
4:00 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building. The supplemental agenda for the
Regular Meeting was posted on April 9, 1999, at 2:00 p.m. on the City Hall
Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Recording Secretary
Mayor
Volume 52 - Page 437