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HomeMy WebLinkAbout01 - 4-12-99April 26, 1999 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting DRA FT April 12, 1999 - 7:00 p.m. INDEX CLOSED SESSION — 6:00 p.m. With Mayor Pro Tem 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 MEETIN G 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 DISCUSSION ITEM): • 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 Volume 52 - Page 420 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 ESTABLISHING 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 8th 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. 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. Volume 52 - Page 421 INDEX Res 99 -20 Street Sweeping (85) Res 99 -21 Stop Sign (85) Res 99 -22 Parking Meters (85) Res 99- 23lOrd 99 -8 Non - Exclusive Solid Waste Franchise (42) • • • City of Newport Beach City Council Minutes April 12, 1999 INDEX 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 GULLY/LITTLE 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 $165,800.52 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- 3206/13A -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) Volume 52 - Page 422 City of Newport Beach City Council Minutes April 12, 1999 17. APPROVAL OF 301 ABALONE AVENUE — DRIVEWAY APPROACH EXTENSION (EP -99 -109). Approve the application subject to an Encroachment Permit and conditions set forth by the Public Works Department. 18. APPOINTMENT TO THE AVIATION COMMITTEE. Confirm Council Member Adams' appointment of Mike Bigi as the alternate for District 4 to the Aviation Committee. 19. APPOINTMENT TO ECONOMIC DEVELOPMENT COMMITTEE. Confirm appointment of David Salisbury as restaurant industry representative to replace Bill Hamilton. 20. STATUS REPORT ON OIL AND GAS WELLS REHABILITATION PROGRAM. Receive and file report. 21. DONATION OF CITY PROPERTY. Approve the donation of an electronic engine analyzer to the Newport -Mesa Unified School District. 22. USE OF NEWPORT BEACH PLAYING FIELDS. Receive and file report. 23. BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM VACATION RESOLUTION AND AGREEMENT. Approve in concept the Draft Bay Island Public Service Easement and Sewer System Vacation Agreement; and concur with the action of the City Clerk for April 26, 1999 at 7:00 p.m. to consider the vacation of the Bay Island Public Service Easement and Sewer System. 24. BUDGET AMENDMENT (BA -058) TO APPROPRIATE FUNDS IN THE AMOUNT OF $1,024 RECEIVED FROM THE DEPARTMENT OF EDUCATION TO THE LIBRARY MATERIALS ACCOUNT. Approve BA -058. 25. BUDGET AMENDMENT (BA -059) TO APPROPRIATE FUNDS IN THE AMOUNT OF $2,500 RECEIVED AS A DONATION FROM THE NEWPORT BALBOA ROTARY CLUB FOUNDATION TO SUPPLEMENT THE YOUTH TRACK AND FIELD MEET. Approve BA- 059. 26. BUDGET AMENDMENT (BA -060) TO APPROPRIATE FUNDS IN THE AMOUNT OF $7,000 RECEIVED FROM SCHOCK BOATS TO SPECIAL DEPARTMENT SUPPLIES AND PROFESSIONAL & TECHNICAL SERVICES. Approve BA -060. S33. Removed from the Consent Calendar by Council Member Noyes. S34. BUDGET AMENDMENT (BA -061) TO TRANSFER $25,000 FROM UNAPPROPRIATED FUND BALANCE TO THE CITY ATTORNEY'S OFFICE (8080 ACCOUNT) AND AUTHORIZATION TO CONTRACT FOR SERVICES RELATING TO ANALYSIS, RESEARCH AND POTENTIAL LITIGATION AGAINST THE "SAFE AND HEALTHY COMMUNITIES INITIATIVE ". a) Approve BA -061; and b) Authorize the Volume 52 - Page 423 INDEX EP -99 -109 301 Abalone Avenue (65) Aviation Committee (24) Economic Development Committee (24) Oil & Gas Wells (89) City Property Donation (44/73) Field Use (62) C -3275 Bay Island Public Service Easement and Sewer System Vacation (38) BA -058 Donation to Library (40/50) BA -059 Donation to Track and Field Meet (40/62) BA -060 Donation to Fee Based Classes (40/62) BA -061/C -3276 El Toro Airport (38/40/54) f LJ City of Newport Beach City Council Minutes April 12, 1999 INDEX 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 Mavor 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 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 Volume 52 - Page 424 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) (38) City of Newport Beach 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. Kiff 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 Tem 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 Rideeway 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 Volume 52 - Page 425 City of Newport Beach City Council Minutes 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. S33. 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 "i 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 Tern Thomson). Motion by Council Member Noves 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. 161s Street, said that if the G -1 policy is reviewed Volume 52 - Page 426 INDEX G -1 Policy and Parkway Street Tree Designation/ 2118 Serrano (62/69) City of Newport Beach City Council Minutes April 12, 1999 INDEX 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 Volume 52 - Page 427 • 0 City of Newport Beach City Council Minutes April 12, 1999 • 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 Tern 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 Rideewav 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 6th 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 Tern 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 Volume 52 - Page 428 INDEX City of Newport Beach City Council Minutes April 12, 1999 INDEX safety. She noted that in the April Th 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 • Volume 52 - Page 429 • r � LJ City of Newport Beach City Council Minutes April 12, 1999 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 261h 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. HARBOR 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 Volume 52 - Page 430 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 INDEX SCHOOL FACILITY, WINCH 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 LIMIT. 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 Mavor Pro Tern 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) — Ord 99- 10/PCA 882 3000 AND 3002 BREAKERS DRIVE — AMENDMENT TO REVISE Davidsson Residence DISTRICTING MAP NO. 1S TO ESTABLISH A 5 FOOT FRONT YARD (D & L Engineering) SETBACK ON BREAKERS DRIVE IN CONJUNCTION WITH THE 3000/3002 Breakers RESUBDIVISION OF TWO PARCELS OF LAND FOR THE PURPOSE Drive OF REORIENTING THE FRONT OF THE LOTS TO BREAKERS (94) 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 • Volume 52 - Page 431 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 Mavor 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. 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 Volume 52 - Page 432 INDEX Ord 99- 11/PCA 884 Residential Maximum Floor Area Limits Calculation (94) City of Newport Beach City Council Minutes April 12, 1999 INDEX 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 Rid eway 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. Tree Removal Appeal 2327 Arbutus Avenue James Parker, 2327 Arbutus Avenue, explained that gardening is a serious (62) 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 I 0 Volume 52 - Page 433 City of Newport Beach City Council Minutes April 12, 1999 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 like 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 Neves 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 Rideewav 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. He 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. Volume 52 - Page 434 If l City of Newport Beach City Council Minutes April 12, 1999 Council 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, President/CEO, 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 L J Use Permit 3612 Autobistro Ground Sign 3100 West Coast Hwy. (88) 0 City of Newport Beach City Council Minutes April 12, 1999 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. isMotion —by Council Member Noves to approve the sign request as Volume 52 - Page 436 DO 1 . City of Newport Beach City Council Minutes April 12, 1999 INDEX 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. MOTION FOR RECONSIDERATION — 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. Recording Secretary Mayor City Clerk Volume 52 - Page 437