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HomeMy WebLinkAbout04/28/1997 - Regular MeetingI CITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 28, 1997 - 7:00 p.m. - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR. MEETING ROLL CALL Present: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Absent: Hedges Pledge of Allegiance - Mayor Pro Tern Edwards. Invocation by Father Ben Benedicto, Our Lady Queen of Angels Church. Recognized sponsors of the Davis Cup - International Tennis Federation and the United States Tennis Association and Russ Cline and Associates; Palisades Tennis Club; and Newport Beach Conference and Visitors Bureau. Presented proclamation for Arbor Day - May 6, 1997. Presented proclamation to the Newport Beach Conference and Visitors Bureau for National Tourism Week beginning the week of May 5, 1997. Accepted presentation by Hoag Hospital of $17,500 donation for CPR. Mayor Pro Tem. Edwards announced that the International Water Polo Tournament is scheduled for May 6 - 11, 1997 in Newport Beach. He also recognized Amy Murphy, City Manager Murphy's daughter, for being recognized as Athlete of the Week. Motion by Mayor Pro Tern Edwards to waive reading of the Minutes of the Regular Meeting of April 14, 1997, approve as written and order filed; and to waive reading of the Ordinances and Resolutions under consideration and direct the City Clerk to read by titles only. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None Volume 51 - Page 203 INDEX City of Newport Beach City Council Minutes April 28, 1997 INDEX MATTERS WHICH COUNCIL MEMBERS WOULD I= PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON, DISCUSSION ITEM): • Council Member Glover requested that staff bring back a report on the feasibility of starting a process in the older sections of the City wherein businesses are forgiven for not having parking spaces if they plant a tree in the parking lot. • Council Member Glover requested that staff look at ways to include findings or methods to require that the exteriors of new buildings be commensurate with the rest of the neighborhood. • Mayor Debay commended the volunteers and the participants in the Newport- Ensenada Race. • Mayor Debay announced that the Disaster Preparedness program will be reviewed by the Public Safety Committee and then will be forwarded to Council. CONSENT CALENDAR ORDINANCES FOR ADOPTION 1. ADOPT ORDINANCE NO. 97.16 AMENDING SECTION 5.10 OF THE Ord 97 -16 NBMC RELATING TO SPECIAL EVENTS. Special Events (27) 2. Removed from Consent Calendar. RESOLUTION FOR ADOPTION 3. ADOPT RESOLUTION NO. 97-34 PROHIBITING SKATEBOARDS ON Res 97 -34 MARINE AVENUE BETWEEN PARK AVENUE AND 90 FEET SOUTH Skateboard Prohibition OF PARK AVENUE (BALBOA ISLAND) AND RESCINDING (85) RESOLUTION NO. 94-25. CONTRACTS AND AGREEMENTS 4. Removed from Consent Calendar. 5. COMPLETION AND ACCEPTANCE OF 1996 -1997 SIDEWALK AND 1996 -97 Sidewalk/ CURB AND GUTTER REPLACEMENT (CONTRACT NO. 3097). Curb & Gutter Accept the work; authorize the City Clerk to file a Notice of Completion; and Replacement authorize the City Clerk to release the bonds 35 days after the Notice of C- 3097(38) Completion has been recorded in accordance with applicable portions of the Civil Code. 6. NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY Newport Blvd/PCH "ARCHES" INTERCHANGE IMPROVEMENTS (CONTRACT NO. Arches Interchange 2886). Approve the plans and specifications and authorize staff to advertise Improvement for bids. C -2886 (38) Volume 51 - Page 204 City of Newport Beach City Council Minutes April 28, 1997 7. SEISMIC RETROFIT OF LIDO ISLE BRIDGE, BALBOA ISLAND BRIDGE, AND NEWPORT ISLAND BRIDGE, (CONTRACT NO. 2804). Approve a master agreement with the State to reflect the new provisions of the Intermodal Surface Transportation Efficiency Act of 1991 and the re- engineered Local Assistance procedures, and authorize the Mayor and City Clerk to execute the agreement; and approve program supplements with the State to cover preliminary engineering for the seismic retrofit of the Via Lido at West Lido Channel, Marine Avenue at Balboa Island Channel, and 38th Street at Rive Alto bridges (Project Nos. STPLZ -5151 002, 003, & 004, respectively), and adopt Resolution No. 97 -35 authorizing the City Manager to execute the supplements. MISCELLANEOUS ACTIONS 8. PLANNING COMMISSION AGENDA FOR APRIL 24, 1997. 9. APPROVE BUDGET AMENDMENT (BA -040) TO APPROPRIATE FUNDS FROM THE CALIFORNIA LITERACY CAMPAIGN ($3,792) TO BE USED FOR SALARIES AND SUPPLIES FOR THE LIBRARY. 10. Removed from Consent Calendar. 11. Removed from Consent Calendar. 12. UNDERGROUND UTILITIES IN BAY AVENUE BETWEEN ISLAND AVENUE AND 7TH STREET AND WEST BAY AVENUE BETWEEN ISLAND AVENUE AND 7TH STREET (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 74). Authorize Budget Amendment (BA- 041) to advance $40,000 from the General Fund reserve and appropriate this amount to proposed Assessment District No. 74 (Bay Avenue), Account No. 7401- C5200360. 13. Removed from Consent Calendar. 520. NEWPORT AQUATIC CENTER LEASE EXTENSION. Approve the lease extension as recommended by the City Council Harbor, Beaches and Parks Committee. 521. USE OF AN ARTIST RENDERING OF THE CITY OF NEWPORT BEACH SEAL AND FIRE AND MARINE DEPARTMENT LOGO AS PART OF A SPORT SHIRT DESIGN. Approve the use as recommended by the City Council Finance Committee. S22. Removed from Consent Calendar. MOTION BY MAYOR PRO TEM EDWARDS TO APPROVE THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED (2, 4, 10, 11, 13, and S22). The motion carried by the following roll call vote: Volume 51 - Page 205 INDEX Lido/Balboa/ Newport Island Bridges Seismic Retrofit C -2804 (38) Res 97 -35 Planning (68) BA -040 (40) Underground Util Assessment Dist #74 (89) BA -041 (40) Newport Aquatic Center C -2637 (38) Misc request (52) Fire/Marine (41) City of Newport Beach City Council Minutes April 28, 1997 Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Noes: None Absent: Hedges Abstain: None ITEMS REMOVED FROM THE CONSENT CALENDAR. 2. ADOPT ORDINANCE NO. 97 -17 ADDING SECTION 9.04.205 TO CHAPTER 9.04 OF TITLE 9 OF THE NBMC PERTAINING TO SUPPRESSION AND CONTROL OF HAZARDOUS VEGETATION; ADOPT RESOLUTION NO. 97 -33 DIRECTING THE FIRE AND MARINE CHIEF TO TARE APPROPRIATE ACTION TO SUPPRESS AND CONTROL HAZARDOUS FIRE AREAS; AND APPROVE BUDGET AMENDMENT (BA -034) TO APPROPRIATE $284,320 FOR FIRE PREVENTION BY HAZARDOUS MITIGATION IN DESIGNATED URBAN WILDLIFE INTERFACE AREAS AND TO BUDGET FOR 75% REIMBURSEMENT OF THE EXPENDITURE BY FEMA AND 25% TO BE PAID BY PROPERTY OWNERS IN C K�7 u1 111t D1 6A City Manager Murphy explained that this item is the adoption of an ordinance which would amend the municipal code related to the suppression and control of hazardous vegetation. This primarily relates to areas on the edges of the City where there is a high degree of vegetation growing, particularly in wild land areas. This ordinance will put some additional regulations into the municipal code to control the types and the growth of the material allowed in those areas in order to reduce the threat of fire. Stanley Behrens, 340 Hazel Drive, reviewed the amendment he submitted to the Council on April 14th. He said he is a member of the Concerned Homeowners Fire Prevention Committee of Bucks Gully, Evening Canyon and Morning Canyon. He said they are asking that the proposed amendment be adopted for maintenance of the defensible space. He said he believes the inflammable combustible nature of existing trees has been ignored. Referring to pictures he submitted at the April 14th meeting, he pointed out the pockets of highly inflammable trees in various parts of the canyon. He voiced concern about the elderly people, as well as children, that live in the canyon in the event of a fire. He said the wording of the proposed amendment is as follows "All existing trees located within the defensible space must be maintained in a manner that provides 10 feet of separation when measured branch tip to branch tip. For the purposes of this document branch tip to branch tip is synonymous with the term canopy to canopy. All (inflammable) non -fire resistance tree branches and shrubs, dead or dying, shall be trimmed or removed. There is no separation requirement for fire resistance trees." He said he feels inflammable plant life should be considered and made part of this ordinance. Mayor Debay said she doesn't believe this area was ignored, but the important thing is to get started with the inventory of the trees. If a Volume 51 - Page 206 INDEX I Ord 97 -17 Hazardous Vegetation (41) Res 97 -33 BA -034 (40) I I City of Newport Beach City Council Minutes April 28, 1997 dangerous situation is found in amended. can be Council Member Noyes stated that history has shown that this can become a life or death situation and there are compelling reasons to pass the ordinance. He said he would like to put more structure into how the trees will be inventoried. He suggested that the older trees be inventoried and evaluated, the most dangerous situations identified, and a report brought back to Council by June 9th. He said he feels the City has an underlying responsibility to protect the public from fire. Fire Chief Riley briefly reiterated the history of the ordinance, the process that has been undertaken to draft the regulations, as well as how the needs and concerns of those involved have been considered. The original proposal was to have the type of separation suggested by Mr. Behrens, however it was met with stiff opposition from the residents and some of their fire protection experts. He said it is staffs belief that some of the other mitigation efforts that have been established under this particular ordinance will reduce the effect of leaving the existing trees as they are. Other brush clearing technology, such as the elimination of dead and dying brush of any sort, the replacement of flammable materials with fire resistant materials, and the separation of fuels by fuel mass and height, have been provided for in this ordinance. He said that once the inventory is complete, staff will be able to present to Council a clear picture of where the severe fire problems are. He indicated that there are 145 properties that have to be inventoried and there is limited staff available to work on it. He said it is their hope that the complete process will be done prior to August when staff hopes to begin the mitigation process. He noted that historically the height of the fire season begins in September. In response to Council Member Noyes' concern about identifying the ten or twelve areas with the highest risk, Chief Riley explained that the original standards that were brought forth were the ones that were adopted as part of the Uniform Fire Code and also the International Wild Land Urban Interface Code. Motion by Council Member O'Neil to adopt Ordinance No. 97 -17 and Resolution No. 97 -33 and to approve Budget Amendment (BA -034). The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 4. AGREEMENT FOR SEISMIC RETROFIT OF BALBOA THEATER (contd. from 4114197). Motion by Mayor Pro Tern Edwards to continue this item to May 12, 1997 at the request of Council Member Hedges. The motion carried by the following roll call vote: Volume 51 - Paige 207 1110 1 CJW, Inc. C -3102 (38) City of Newport Beach City Council Minutes April 28, 1997 Ayes: O Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 10. APPEAL OF THE REVOCATION OF A HOLISTIC HEALTH PRACTITIONER PERMIT FOR TOLAN BRACEIN. 11. APPEAL OF THE REVOCATION OF A MASSAGE OPERATOR PERMIT FOR SHIRLEY HENDERSON AND A HOLISTIC HEALTH PRACTITIONER PERMIT FOR SHONA BRAUN. Motion by Council Member Glover to continue Items 10 and 11 to May 12, 1997. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 13. REPORT ON CONTROL OF ABOVE GRADE TELECOMMUN. ]CATIONS EQUIPMENT. (Requested by Council Member Glover). City Manager Murphy explained that Council Member Glover requested this item and he believes her request was initiated as a result of an action the Council took at a recent meeting related to some modems that are going to be placed in about 50 -60 locations on the street light standards throughout the City to facilitate some computer networking related to the internet services. Council Member Glover explained that she requested this report based on two issues, however it was not based on concerns with the modem. She noted that in Mariner's Mile and in a few neighborhoods in her district big green boxes related to cable television have been installed. She said that originally it was her understanding that it was the cable companies First Amendment right to install these boxes. She said she would like Newport Beach to establish a policy to underground the boxes. She said the other concern she has is with the television satellite dishes on top of homes and questioned whether that is also a First Amendment right. She noted that according to the report, the City of LaPalma is the only City that prohibits the installation of telecommunications equipment above ground. Public Works Director Webb explained that staff reviews each application based on the existing ordinances and the applicants are required to check with the property owners to get permission to install the boxes. If they don't get permission, they are required to install the boxes underground. City Manager Murphy explained that a meeting was held with Comcast and noted that Comcast is proceeding with the intent of expanding the number of channels and increasing the sophistication of the system. Comcast indicated that there are three types of equipment and two of the three can be placed Volume 51 - Page 208 n0 1 ' Brackin/Holistic Pract Permit (27) Henderson/Massage & Braun/Holistic Pract Permits (27) PW/Telecommun- Ications Equip (74) City of Newport Beach City Council Minutes April 28, 1997 below ground. He offered to bring back a more tailored report and policy addressing these concerns. City Attorney Burnham explained that the FCC prohibits or pre -empts local agencies from banning satellite dish antennas. The City however adopted a fairly comprehensive zoning ordinance that regulates them to the maximum permissible under FCC rules and regulations. Ile said the City has control over where they go, the size (diameter), height, color, etc. Mayor Pro Tern Edwards noted that the issue dealing specifically with satellite dishes was addressed when he was on the Planning Commission. He said that the Council may want to consider having the Planning Commission review this issue again since the technology has changed significantly since that time. He also voiced concerns about the roads constantly being torn up and said there have been questions raised about whether the City can be compensated for the damages. He also noted that private landowners can control dish locations, etc. through CC &R's. In response to Council Member Noyes' question about the box on the Balboa Island bridge, Mr. Webb reported that the box just appeared and staff has been attempting to get it removed for the last four months. Motion by Council Member Glover to receive and file the report and to direct staff to review the issues that were raised and bring back what is needed to address the concerns. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None S22. REPORT FROM THE AFFORDABLE HOUSING TASK TEAM REGARDING DEVELOPMENT AGREEMENT NO. 8. City Attorney Burnham explained that this is a report from the Affordable Housing Task Team that was formed by the City Council in response to the Development Agreement between the City and Ford Motor Land. The task team was created to evaluate possible sites for affordable housing to be funded through an in -lieu fee that Ford is required to pay pursuant to the Development Agreement. The task team issued an RFP and received two proposals, evaluated the proposals and submitted this report. He said staff has prepared modified findings and action to receive the report, request payment of the fee as outlined in the modified action documents and make certain findings relative to Ford's satisfaction of their affordable housing requirement. By accepting this view the City Council is making no commitment and is under no obligation to approve any particular project or to use Ford Land funds for any particular project. He said he has received a letter from Ford Land confirming the fact that this report, if received by the City Council, triggers their obligation to pay the in -lieu fee and that the Council is under no obligation to use that fee in any particular manner. Volume 51 - Page 209 INDEX Ford Motor Land Dev Agreement #8 C -3059 (38) I City of Newport Beach City Council Minutes April 28, 1997 Council Member Glover explained that after talking to the City Manager about her concerns with this item, he explained that if the City changes the Ford Loral agreement where a project would not have to identified, Ford could still meet their obligation. She said the problem she has supporting the staff report and the recommendation that the Affordable Housing Task Team has recommended is that these proposals have been evaluated by the task team and an affordable housing expert from Keyser Marston. She noted that she recalls seeing some document from a closed session meeting dealing with Keyser Marston that also dealt with Linc. She said that originally the City was going to do this with Kaufman and Broad and then The Irvine Company came in and wanted to work with Line. She said that this deals with the 11 acres off of MacArthur that was given to the City in the CIOSA agreement by The Irvine Company and was identified as open - space. The task team has recommended that the area be looked at for housing in order to meet The Irvine Company's obligation and to use the $2.5 million from the Ford Loral agreement as part of this package. She said she would like to see Ford pay the $2.5 million to the City without identifying a specific project. She said she doesn't have enough information to intelligently vote on whether or not the affordable housing is good because she hasn't seen the figures. She said she believes the housing would cover 8 of the 11 acres that has been identified as open space. City Attorney Burnham explained that there is no reference in the proposed action to any particular project, including a possible senior housing project on Newport Village. He said the amount of money is $2.020 million, which represents $5,000 per unit for the units which Ford has indicated they will build. The original $2.5 million was predicated on the assumption that Ford would build 500 units, but they have agreed in writing to build only 404 units. The amount that they are required to pay pursuant to the Development Agreement was reduced accordingly to $2.020 million. Council Member O'Neil explained that he chaired the Affordable Housing Task Team and explained that the search for an appropriate site has been ongoing for the past year and one -half. He said there is a need to comply with Development Agreement No. 8 between the City and Ford Motor Land and its subsidiary, Pacific Bay Home. He said a consultant was hired by Ford and by the City to look at this proposal and there are over $2 million of obligated fees owed to the City by Ford. He said it is his understanding that the City Attorney has opined that the proposed action complies with the Development Agreement. The proposed action would result in the payment of over $2 million to the City to be used for affordable housing and that money may or may not be used on this particular site. The action as suggested by the City Attorney gives the City Council full discretion as to where the affordable housing project will eventually be located. Motion by Council Member O Neil to: 1) accept the Affordable Task Team's report; 2) require Ford to contribute $2.020 million pursuant to provisions of Development Agreement No. 8; 3) find that: a) Ford's contribution of $2.020 million fully and completely satisfies their affordable housing obligation pursuant to the Development Agreement and the ordinances, plans, Volume 51 - Page 210 E'4DEX City of Newport Beach City Council Minutes April 28, 1997 resolutions, policies and regulations of the City of Newport Beach; b) acceptance of the Affordable Task Team's Report and/or the acceptance of Ford's affordable housing contribution pursuant to the Development Agreement does not create an obligation on the part of the City Council to grant any discretionary approval necessary to implement any project or use some or all of Ford's affordable housing contribution to implement that project; and c) Ford Motor Land and its subsidiary Pacific Bay Homes agree that acceptance of the Affordable Task Team's Report triggers its obligation to contribute $2.020 million pursuant to the Development Agreement and further acknowledge that acceptance of this contribution does not create any obligation on the part of the City Council to implement any project or apply some or all of Ford's contribution to implementation of that project. Mr. Burnham stated that he has a letter from Tim Paone, legal counsel for Ford Motor Land, indicating their concurrence with the motion as stated. In response to questions about the timing, Council Member O'Neil indicated that he would expect that the City would receive the check within the next thirty days. Mr. Burnham stated that this action does not change the Ford Loral agreement, however Ford has agreed that the action of the City Council by accepting this report under these conditions triggers its obligations and they have agreed to pay it. He said he has tried to give the Council full flexibility to use the money in any way appropriate to implement Ford's affordable housing obligation. He reiterated that Ford has agreed that there is no obligation on the part of the Council to fund any particular project with it's contribution. Council Member O'Neil pointed out that this project is set forth in the conceptual land plan as part of the Newport Center Expansion project. He stated that the action that Council is taking tonight merely complies with the Development Agreement and it has no impact on the charge of the Newport Center Economic (NCEO) committee. Mr. Burnham confirmed that this action does not affect what the Council did with NCEO at the last meeting. The motion carried by the following roll call. vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None • Jeffrey Wilcox, Newport -Mesa School Foundation, invited the Council to attend the Foundation's Grant Teachers Award dinner to be held on Wednesday, April 30, 1997 at 5:30 p.m. He said the purpose of the dinner is to recognize the outstanding teachers in the Newport -Mesa School District Volume 51 - Page 211 I 1 City of Newport Beach City Council Minutes April 28, 1997 who competed for mini - grants. The grants given to the teachers are used to supplement badly needed funds in the classrooms and benefit the students with programs that cannot be funded with other means. Dolores Otting voiced concerns with hauling companies that are doing business in the City without the proper insurance, who don't pay the franchise fees and don't have business licenses. She pointed out that all of the demolition work that was done at Pavillions was done by an unpermitted, unlicensed hauler. She suggested that when people apply for building or demolition permits that they be given a list of the different trash haulers that are licensed to do business in the City. City Manager Murphy stated that the City follows up on complaints and suggested that complaints be directed to General Services Director Niederhaus. He said that staff would be happy to follow -up on Mrs. Otting's suggestion. Madelene Arakelian said that she has complained about a hauler at Bloomingdale's, Key Disposal, for over a year now. She noted that if these hauling companies are owned by the contractor, they can self -haul. PUBLIC HEARINGS 14. RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF REAL PROPER17Y LOCATED ON BIRCH STREET, NORTH OF BRISTOL STREET NORTH (RUTH KO PARCEL, WATTSON NEWPORT VENTURES PARCEL, AND JOHN R. SAUNDERS PARCEL). City Clerk Harkless noted that the Wattson Newport Ventures parcel has been removed from consideration pursuant to the supplemental staff report because the City has reached an agreement with them. Public Works Director Webb noted that staff has been working on a project to widen Birch Street in the vicinity of the Route 73 freeway, which includes the widening of a bridge. In doing the widening project, staff determined that the intersections along Bristol Street (six at Bristol and two at Birch) are the most congested intersections in the City at peak hours. The project will require that the City purchase a sliver of right -of -way. He said this impacted six property owners. Four property owners have been contacted and an agreement has been reached on the purchase of those properties. He said staff is very close to agreement with the other two, however the resolutions are necessary at this time to allow the project to proceed in case a settlement cannot be reached. He said staff will continue to work towards reaching a settlement until the last minute before it goes to court. Mayor Debay opened the public hearing, and hearing no testimony, closed the hearing. Volume 51 - Page 212 Ko /Saunders Property Acquisition Birch Street Widening (73) Res 97 -36 Res 97 -37 City of Newport Beach City Council Minutes April 28, 1997 Motion by Council Member O'Neil to adopt the following resolutions finding and determining it is in the public interest and necessity to acquire certain property for the widening of Birch Street and authorizing the condemnation of that certain real property as follows: 1) Resolution No. 97 -36 for property located at 3701 Birch Street owned by Ruth L. Ko. 2) Resolution No. 97 -37 for property located at 3723 Birch Street owned by John R. Saunders. Council Member Thomson voiced concerns with the condemnation process and asked if there is a way for the City to just continue to negotiate with the two remaining property owners in good faith. Mr. Murphy explained that the resolutions don't have to be filed for six months. He said adoption of the resolutions would give the City the flexibility to proceed on a timely basis with the project. He said he believes settlements can be reached, however staff is concerned that without at least the ability to move forward to make sure the City can acquire the property through the courts, that it may slow the project down. He reiterated that staff will continue to try to reach settlements with these owners. Mr. Webb explained that one of the two properties that the City has not reached an agreement on is roughly five feet wide in a landscaped area. The other property is a varying width parcel that goes from about 5 - 7.5 feet and does not affect any structures. He said that the City will be reconstructing the entrance ways, replacing landscaping, and in general making it look essentially as it is today. One parcel is 700 square feet and the other parcel is about 1000 square feet. In response to Council Member Glover's question, Mr. Webb reported that Gary and Shari Goodgame, David and Arlene Westley, Sushil Garg, and Betty Hogan, all received monetary renumerations. He also noted that the negotiations have been going on for approximately six to seven weeks. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 15. BALBOA PENINSULA REVITALIZATION FINANCING PROGRAM. City Clerk Harkless advised that two pieces of late correspondence were received from Jerry McClelland, Jr., and Louise Fundenberg. Mayor Debay explained that the issues under consideration tonight are the financing plans and studies, which will be accomplished through a series of steps and public meetings before anything is done. She referred to Item #9 Volume 51 - Page 213 QP 1 BPPAC Financing Program (68) City of Newport Beach City Council Minutes April 28, 1997 in the staff report, which is to direct staff to initiate an aggressive public outreach program to keep all businesses and residents fully informed on BPPAC issues and status, and included that these outreach meetings will encourage input from everyone. She indicated that her preference would be to take Item #9 as the first item, take public testimony after each item, and then vote individually on each separate item. City Manager Murphy summarized that on February 10, 1997, the City Council received the BPPAC report and recommendation. Thereafter, Council directed staff to prepare a finance and ;public outreach program to begin the further study and implementation of the recommendations. He explained that the City Council eliminated the recommendations of BPPAC with regard to the Marinapark Area from further studies, since the primary issue of that particular site is the future use of that site, which is under separate study by staff and subject to all of the restrictions of the State Lands Commission as Tidelands granted in trust by the State to the City. He explained the process undertaken to determine financing programs and noted that staff was assisted by a subcommittee from BPPAC. One of the key issues reviewed was the need for a redevelopment agency to provide sufficient revenue to finance the substantial capital improvements needed on the Peninsula. After reviewing the potential revenue from a redevelopment agency, all of the agreements which are required by the County and the School District pursuant to State law, and the revenues available from other sources, staff is recommending that an agency not be pursued. Another key issue which has been raised is the issue of moorings and staff is recommending deferral until additional legal research can be undertaken. He explained that all of the recommendations tonight are to undertake further study and no formal action is being taken to actually approve a particular portion of the plan. Assistant City Manager Wood reviewed some of the most significant features of the financing program, and remarked that funding for 70% of the program costs has been identified. Of those funds, 65% of the funds will either be generated on the Peninsula, or would be generated on the Peninsula by some additional actions. Only 4% of the costs would come from the City's General Fund and 30% would come from the Community Development Block Grant (CDBG) funds. She repeated that the redevelopment agency has been eliminated because it doesn't appear to have a lot of potential and too much community concern. She explained that the total project costs are estimated at $8,642,500, however most of the figures are very preliminary and these costs could be adjusted after further study or during the engineering/design stage. The following are the sources of funds as indicated in the staff report: CDBG - $1.8 million; Off Street Parking - $1.8 million; and Neighborhood Enhancement Reserve - $1.5 million. A smaller amount would be expected to come from local business contributions (i.e., the Tidelands Fund); $245,000 from the General Fund; and $2.5 million would be unfunded. She said that the unfunded amount may sound like a large number, but compared to the size of the entire program, it is relatively small (30%). Additional options to deal with the shortfall are the possibility of bonding against projected revenue streams, especially from parking, and the time frame for implementing the recommendations of the study could be six years. Volume 51 - Page 214 INDEX City of Newport Beach City Council Minutes April 28, 1997 Extension of any one of the three major projects which account for the major expenses in the program could be delayed or eliminated as a result of some additional study. At the present time the CDBG funds are available for economic development purposes on the Peninsula because it qualifies as a target area where these funds can be spent. There is also the possibility of utilizing a Section 108 loan program, wherein the City can take an advance of five years worth of future funding from the CDBG program and repay it through the money received by the City. Staff believes that the Neighborhood Enhancement Reserve and the Off Street Parking Reserve are the best opportunities to raise significant new revenue that can be dedicated to Peninsula Revitalization, fulfilling one of the objectives of BPPAC that visitors to the Peninsula help pay for the impacts that they create. In conclusion, these sources would provide a steady revenue stream if the City were interested in bonding to undertake some projects more quickly. The City Council also has the flexibility to make changes for these funding sources with respect to the Charter. Ms. Wood concluded her presentation by briefly reviewing the recommended actions. Willis D. Longyear, 215 Via San Remo, Lido Isle, said he feels it is superficial to beautify the Peninsula at the expense of residents who will lose parking, he took exception to moving the access to Lido Isle and the use of diagonal parking. He supported a strong community outreach before spending money on further studies. Louise Fundenberg, 808 West Balboa Boulevard, questioned why the City Council is continuing to push forward with the Project 2000 ahead of the promised public outreach program; why a real estate developer who resides outside Newport Beach and who is not a registered voter in Orange County was appointed the chairman of Project 2000; and how a developer from Dallas, Texas is qualified to make the value judgment that the Balboa Peninsula is in negative transition. She urged a "no" vote by the Council on all recommendations for Project 2000. Dr. Virgil L. Galey, 211 Via Ravenna, stated he is a member of a committee appointed by the Lido Isle Community Association to address the issue of parking and traffic changes proposed by Project 2000. Their postcard survey revealed 355 opposed to changes on Via Lido. He is opposed to the proposed changes to Via Lido Boulevard, the diagonal parking, or the one turn off Newport Boulevard, and the expenditure of $20,000 for the proposed feasibility study. Jim Wasko, 2200 Newport Boulevard, spoke representing himself and also Bob Rubian in regard to the Finance Committee's proposal to extend the operational hours of parking meters to midnight. He is opposed to the proposal, stating it is not in the best interests of the City, noting that a short -term gain in revenue would result in a long -term loss for the business people in the affected areas and the City in tax revenues. Howard Norris, 121 McFadden Place, as a property owner and business owner, presented remarks as follows: (1) The outreach program is very important, and it is important to reach everyone. (2) The proposed parking Volume 51 - Page 215 INDEX I City of Newport Beach City Council Minutes April 28, 1997 plan affects only three and one -half months of business during the busy summer months; at other times, there is adequate parking. He spoke in opposition to having to pay for metered parking until midnight. (3) Regarding the Mixmaster, he said he doesn't think it is as confusing as the report states. Curtis Herberts, 2290 Channel Road, spoke in opposition to Project 2000, and suggested the removal of telephone poles, the addition of more trees and flower pots on lamp posts to beautify the district, and road repairs. John Bowman, 22481 La Brusca, Mission Viejo, Chief Financial Officer and Board Member of the Newport Mooring Association, spoke regarding the moorings, asking how long this topic would be deferred. City Manager Murphy responded that originally it was recommended that it be studied in 1997/98; however, it is now recommended that it be studied beyond that time, but there is no set date. The issue of where moorings are located is an issue which is codified in Federal Law and will have to be researched carefully, and would be considered at the earliest in 1998/99. He also reiterated that the proposed action deals with the relocation of existing moorings, not the removal of existing moorings. Mr. Bowman further questioned relocation and legal issues relative to the moorings. He stated that the Newport Mooring Association opposes any reduction in occupied off -shore moorings; however the relocation of moorings is a matter for positive dialog. Regarding derelict boat enforcement, Mr. Bowman said he is in contact with other harbors and is collecting information from them on how they are eliminating unseaworthy vessels. City Attorney Burnham noted that his office prepared a derelict boat ordinance some time ago to deal with this issue and also is looking at the provisions of the Harbors and Navigation Code which he believes gives the City the authority to remove the boats. Tony Giangregorio, 610 West Balboa Boulevard, spoke in opposition to taking the parking out of the center divider on Balboa Boulevard, re- landscaping, changing the width of the sidewalk and the installation of diagonal parking. He presented a petition with 615 signatures urging "that from 19th Street to Adams on Balboa Boulevard to leave all parking, sidewalks, and properties as is. Do not hamper access to the residential services; i.e., churches, schools, library, and fire station." Howard L. Hall, 620 West Balboa Boulevard, read a letter from Mrs. Kathleen Hall objecting to Project 2000. Dr. Patricia Frostholm, 1805 West Bay Avenue, spoke in opposition to the redevelopment of the Balboa Peninsula, citing increased traffic, crime, and density. She noted that what is needed is more maintenance, a moratorium on liquor licenses and the discouragement of fast food restaurants. She urged the Council to consider the quality of life in the area for the residents, not the interests of visitors and developers. Volume 51- Page 216 INDEX City of Newport Beach City Council Minutes April 28, 1997 Rev. David C. Anderson, 1406 Mariners Drive, Pastor of St. James Episcopal Church, expressed concern at the proposed redirection of vehicular and pedestrian traffic channeled onto 32nd Street, thereby creating safety concerns for children and senior citizens crossing the street from the parking lot to Sunday School and worship areas. He said the redesign of that area would require the church to give or loan the City some more land and it would have to come out of the worship area. He voiced concerns with the possible loss of parking spaces on the street for the church and the creation of a special district that would have the power to assess property owners for the improvements. City Manager Murphy reported that special districts are not being considered or recommended. Shirley Phillips, 1420 Ocean Front, said that between 30th and 26th Streets there are approximately 22 businesses all paying taxes. She stated that palm trees don't pay taxes. Rachelle E. Foster, 1754 Plaza Del Sur, spoke regarding parking problems created by garages being converted to apartments. She opposes allocating $50,000 to the Balboa Theatre and recommended it be given to the schools instead. Mrs. Foster further talked about parking problems at the school and speeding on Balboa Boulevard. Mayor Debay requested that Ms. Foster ask the school to call City Manager Murphy's office to set up a meeting on those issues. Brook Severance, 3303 Via Lido, Member of the Executive Board of First Church of Christ Scientists, said that they see some valuable components of the plan, especially the Balboa Peninsula Revitalization Program. They support the planned mini park on each side of Newport Boulevard at Via Lido. He said the alcohol policies and improved signage are viewed favorably; however, they have a serious concern that the area designated as Lido Town Center will bring additional noise and congestion; and the removal of Via Oporto, which would become part of a super parking lot or structure.. He said the current parking lot on Via Oporto is where most of their church members and attendees park, and it is the main entry into the church. He asked that the Council delay approving any feasibility study funds for Lido until there is a determined support for Lido Town Center. Douglas Wood, 1214 East Balboa Boulevard, believes that it is too early for the Council to approve the Balboa Peninsula Revitalization Financing Program, as the community has not yet had the opportunity to review and comment on its elements. John K. McDaniel, 1770 W. Balboa Boulevard, stated that the most impressive feature is the outreach program. He feels that there should be more meetings with the Council where the people can come to City Hall and present their ideas. Dolores Otting, 17 Hillsborough, questioned what are the City's priorities; Volume 51 - Page 217 INDEX City of Newport Beach City Council Minutes April 28, 1997 whether a current contract with the Police Department exists; and if there is enough money to dredge the Back Bay. She suggested a survey on how many women shoppers use parking garages. She said she has never seen a project that has come in at budget, and feels that the $8.6 million cost for the Balboa Peninsula Revitalization will probably result in a $12 - $15 million project, and the shortfall of $2.5 million will probably result in $5 million. Virginia Herberts, 2990 Channel Road, asked for clarification with regard to the redevelopment agency, as she has heard conflicting statements from Council and the City staff. Assistant City Manager Wood stated this issue should not be looked into any further at this time, but it is something that the City should keep in mind as a possibility in the future should there be a revitalization project that the City feels could benefit from an agency. Mrs. Herberts added that she thinks the studies done on the outreach program before the funds are spent on studies is wonderful, but questioned the $100,000 that is being proposed to study the Balboa Pier Parking Lot to get 50 more spaces that will then cost more. City Manager Murphy explained that the money that is proposed for the Balboa Pier Parking Lot would go into the design of replacing spaces lost as a result of eliminating parking spaces in the Balboa Village Area on Balboa Boulevard to allow for landscaping improvements either in the parkways or the median. The other issue that will be studied is a possible pedestrian- only area on Main Street. All of this would involve some movement of parking facilities to allow for some additional beautification of that area. The Coastal Commission and the City require that the parking spaces remain the same in total number. Madelene Arakelian, 1569 Ocean Boulevard, spoke in opposition to the project. She sees parking problems on the Peninsula only during three months of beach traffic. She asked why the city would want to take HUD money and added that the community does not want the revitalization project. She questioned if the City is going to be using the $200,000 that is in the General Fund for the Revitalization Program. As a waste hauler she is collecting 6% which gives revenue to the City's General Fund. City Manager Murphy said that one of the things that the City would like to see is the return of some of the resident - serving types of businesses such as a hardware store, market, etc., vs. T -shirt shops, however parking is necessary. One of the things that staff is recommending is to undertake a comprehensive Parking Management Plan which will look at the parking needs of the visitors and residents. Tom Hyans, President of the Central Newport Beach Community Association, reminded the Council that the past proposals to expand parking and access to commercial property around City Hall have been rejected and now the proposal has been repackaged. He cited the detailed commentary from his association on the elements of Project 2000, containing some 65 Volume 51 - Page 218 i,t City of Newport Beach City Council Minutes April 28, 1997 issues, and said that there is a little something for everybody in BPPAC and a lot for a few, but not much new and little of substance for the resident. He expressed the association's concern that the order of progress of this plan brought to the Council by the City Planning staff is inverted with major omissions. Darlene Moss said that there is not going to be a Fashion Island here as there is not enough room, and talking about opening up spaces to see the water would result in tearing down some buildings. She said she doesn't understand Mr. Duda's motivation, except for a special interest, to come up with a plan that will make it much more difficult to get on and off Newport Boulevard in the summer when the traffic is bumper to bumper. Martha Durkee presented the council with a petition and noted that approximately 1,500+ signatures of residents who oppose the plan have been presented. She stated that they need the existing parking on Balboa Boulevard and do not want the BPPAC parking plan. She spoke in support of the flood control project. James Hamilton, 216 E. Ocean Front, stated that he supports taking the median parking off the agenda for future meetings. He said he is opposed to the plan to redirect traffic to Lido Island and to have a roundabout as this would take a lot of space to work efficiently. He suggested encouragement of more sidewalk cafes, opposed eliminating the median parking, and supported increasing the parking fees. He supported community enforcement by foot policemen as necessary, especially in the Cannery area at night which could be paid for from increased business taxes or from money that is being considered for other projects. Howard Norris responded to previous remarks by City Manager Murphy about T -shirt shops and tattoo shops, stating that after walking around the block on McFadden Place, he located two T -shirt shops. He said he knows that there are more T -shirt shops in Fashion Island than at McFadden Place and Balboa Island combined. He suggested that the City get some regulations to correct the negative slogans portrayed on T- shirts. Julia Matcha, 401 Seville Avenue, requested that a third parking space be put in as a result of revitalizing Main Street to improve the Peninsula. She said that the City took out all of the parking, and put in sidewalk cafes to beautify the area, took out the post office parking, put in big fancy formations, and now it is hard to get in and out as it is a busy area. Frances Bury, 106 Via Undine, noted confusion about the term "deferred." She said that she will be presenting petitions with 758 signatures against the redevelopment agency and explained the reasons. She added that many of the people from Lido who signed the petition also object strongly to the parking structure garage that is proposed for 32nd Street. Also, she presented signed petitions from people whose properties encompass the area from 30th Street to 26th Street. She stated that many people signed the petition because they object to the circulation problem, reiterating that she and those who signed the petitions are opposed to the plan. She added that Volume 51 - Page 219 I lei 1 City of Newport Beach City Council Minutes April 28, 1997 they are willing to be assessed for the beautification infrastructure and utility poles). Dick Lewis, 1027 W. Bay, asked how much money will be spent evaluating the modifications proposed for Via Lido, and was told that if he was referring to the study, it is $20,000. Rene Barge said he is against the possibility of a redevelopment agency; the Lido Island project; eliminating parking in front of Woody's Wharf; and putting in a roundabout that will slow the traffic. He added that putting in parking meters operational to midnight will be detrimental to the residents and businesses. He feels there is a need for a traffic light from the pier to the Boulevard and to the side of the Crab Cooker. 1) Motion by Mayor Deb av to direct staff to initiate an aggressive public outreach program as identified in the staff report to keep all residents and businesses fully informed on BPPAC issues and status. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 2) Motion by Council Member Glover to authorize staff to have an outreach program in the community concerning off street parking fund reserves to begin preparation of a parking management plan; that this be a 2 -month outreach program and at the end of that time that staff working with the public set up the criteria to be used to develop the criteria the Council looks at. Substitute motion by Mayor Pro Tem Edwards to authorize staff to prepare a Budget Amendment not -to- exceed $125,000 to appropriate Off - Street Parking Fund reserves to begin preparation of a Parking Management Plan in FY 96 -97, and to eliminate consideration of the proposal to eliminate the median parking. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 3) Motion by Mayor Pro Tern Edwards to authorize staff to prepare a Budget Amendment to appropriate donated proceeds from the Economic Development Golf Tournament for use in FY 96 -97 in preparing a Market Study on Tenant Mix and Recruitment Strategies. The motion carried by the following roll call vote: Volume 51 - Page 220 1 1 City of Newport Beach City Council Minutes April 28, 1997 Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 4) Motion by Mayor Pro Tern Edwards to direct staff to incorporate Capital Project funding in the 1997 -98 City Budget for a feasibility study on the Beautification of Balboa Boulevard $100,000 (CDBG). The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None Motion by Mayor Pro Tern Edwards to defer the Mixmaster and 32nd Street Modifications until 90 days after the community outreach program has begun, including the spending of the $20,000 or the $25,000 until that time. Motion by Council Member Glover to defer incorporating Capital Project funding in the 1997 -98 City Budget for the NewportJBalboa Boulevard Mixmaster $25,000 (CDBG) until 90 days after the beginning of the community outreach program and to eliminate the Via Lido /32nd Street Modifications $20,000 (CDBG). The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None Motion by Council Member Glover to direct staff to incorporate Capital Project funding in the 1997 -98 City Budget for design of entry statements/signs $25,000 (CDBG). The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None Motion by Mayor Pro Tern Edwards to direct staff to incorporate Capital Project funding in the 1997 -98 City Budget for the preparation of plans, specifications and engineering estimates on the re- design of the Balboa Pier Parking Lot $100,000 (Off - Street Parking Fund). The motion carried by the following roll call Volume 51 - Page 221 INDEX City of Newport Beach City Council Minutes April 28, 1997 vote: Ayes: O'Neil, Thomson, Edwards, Noyes, Mayor Debay Noes: Glover Absent: Hedges Abstain: None Assistant City Manager Wood explained that the first and easiest things to be implemented in that plan would be a type of residential permit program to make it easier for residents to shop at resident - serving shops and also to provide enough convenient visitor parking, and possibly some changes in meter rates to accommodate short - term parking. City Manager Murphy advised that this action will direct that $50,000 be incorporated into next year's budget, and if it is decided not to use the money, it can be reallocated for another use. Motion by Mayor Pro Tem Edwards to direct staff to incorporate Capital Project funding in the 1997 -98 City Budget for implementation of Phase I of the Parking Management Plan $50,000 (Off- Street Parking Fund) after the completion of the plan. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 5) Motion by Council Member Glover to direct staff to incorporate funding for the preparation of a new sign ordinance and sign inventory for the Balboa Peninsula study areas in the 1997 -98 City Budget ($45,000). The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 6) Motion by Mayor Pro Tern Edwards to direct staff to prepare the necessary modifications to the Municipal Code to transfer $250,000 from the General Fund to a Neighborhood Enhancement Reserve earmarked for Balboa Peninsula revitalization improvements, rather than the Off - Street Parking Fund, with the duration of the transfer to be determined after completion of all feasibility studies and finalization of the full work program. The motion carried by the following roll call vote: Volume 51 - Page 222 110111 City of Newport Beach City Council Minutes Apri128, 1997 Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Debay Noes. None Absent: Hedges Abstain: None 7) Motion by Council Member Glover to direct staff to eliminate any consideration of formation of a Redevelopment Agency since revenues derived would be small and other funding sources have been identified. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 8) Motion by Mayor Pro Tern Edwards to direct staff to defer study on the feasibility of relocating moorings from 1997 -98 until further research and analysis is completed on the legal issues. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 9) Motion by Council Member Glover to direct staff to commence work to further alcohol regulation and enforcement, to amend and certify the City's LCP, and to draft regulations to strengthen derelict boat enforcement. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 10) Motion by Mayor Pro Tern Edwards to direct staff to incorporate with the Parking Management Plan the proposal to modify the municipal code to extend the hours during which parking fees are charged to midnight. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None Volume 51 - Page 223 INDEX City of Newport Beach City Council Minutes April 28, 1997 CURRENT BUSINESS 16. UNSCHEDULED VACANCY ON THE PARKS, BEACHES AND RECREATION COMMISSION. Terrance Phillips was appointed to fill the vacancy on the Parks, Beaches and Recreation Commission by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 17. APPOINTMENTS BY MAYOR TO AD-HOC APPOINTMENTS COMMITTEE. Mayor Debay appointed herself, Mayor Pro T'em Edwards and Council Member Thomson to serve on an Ad -Hoc Appointments Committee for the scheduled vacancies on the City's Boards and Commissions. 18. REPORT ON CODE ENFORCEMENT STAFFING AND PROCEDURES (Requested by Council Member Glover). Council Member Glover pointed out that in an action taken earlier tonight a code enforcement officer will be added to staff, which is direly needed. City Manager Murphy explained that adding staff would have to be done as part of the budget or as a budget amendment, and that hasn't been done. He said he understands that more services are needed, and the earlier action taken was a direction to staff to commence further alcohol regulations and enforcement. He said that on the BPPAC spread sheet there is an issue related to code enforcement and $40,000 has been earmarked from CDBG funds. It will require further action from Council to implement it and it is staff s intention to come back with that. Assistant City Manager Wood explained that the addition of this position is anticipated for fiscal year 1997 -98 as part of the budget. The Council received the report, however no further action was taken. 19. APPEAL OF THE DECISION MADE BY THE PARKS, BEACHES AND RECREATION COMMISSION DENYING THE REQUEST TO REMOVE A CITY PARKWAY TREE LOCATED AT 439 IRVINE AVENUE. General Services Director Niederhaus explained that this issue involves two residents who live in Newport Heights at 435 Irvine and 439 Irvine Avenue. He circulated pictures of a large monterey pine that is in front of the home at 439 Irvine. The owners, Mr. and Mrs. Bubb, want to retain the tree and the neighbors, Mr. and Mrs. Turner, 435 Irvine Avenue, want the tree removed. Volume 51 - Page 224 II 1 PB &R Commission (24) Council Ad -hoc Appts Committee (24) Bldg /Code Enf (26) PB &R (62) City of Newport Beach City Council Minutes April 28, 1997 This issue has been through two review processes. The staff at three levels have denied the request for the removal of the tree. It has also gone to the Parks, Beaches and Recreation Commission at the request of Mr. and Mrs. Turner and it was denied at that level. He noted that two items have been researched since the report was submitted. One issue was the question raised by the Turners that the tree did not meet the minimum height requirements in the driving lane. Referring to the picture he pointed out the bike lane and explained that the traffic engineer investigated and found that in 1975 the maximum height for vehicles on California highways was set at 8 foot rather than 14 foot. In addition, the Police Department completed research that shows there has never been an accident reported in that location, however if you go to the site you will see that the tree limb that is in the bike lane has several damaged areas. Nancy Turner, 435 Irvine Avenue, said that she has been dealing with this tree for the last twenty -five years and said she doesn't know why the records don't show any problems with the tree. She explained that one of the branches broke off on a windy day several years ago. She said that she called the City when it broke off at 7:00 a.m. and. it held up traffic on Irvine Avenue until noon that same day. She said many trucks go by there and hit the large branches. She stated that the tree is in violation of the ordinance since it is not fourteen feet tall, but ten feet. She said that this is a very serious risk and liability to the City. She said she has damage to her walkway, her yard and her irrigation system and would like to know what the City's intentions are for saving the damage that is ruining her property and is a high risk to the community. She said Mr. Effertz was supposed to make a recommendation as far as liability issues, however she hasn't seen any information on that. She said there are some incorrect statements in the report. She stated that she requested that the Fire Chief check the tree for potential fire hazards. In the fall, she said she has 8 -10 inches of pine needles on her front yard at least 2 -3 times. She said she has to come home from work and rake up the pine needles so there :isn't a fire in her yard from someone throwing a cigarette out their car window. She said the report indicates that there was a compromise to remove the tree and there was not. In response to Mayor Pro Tem Edwards' question, she said the tree could be replaced with new trees, selected by the Bubb's. Mayor Debay requested that the Fire Department check out Mrs. Turner's concerns and noted that the tree was last trimmed in June of 1994 and is scheduled to be trimmed again in the fall. John Bubb, 439 Irvine Avenue, distributed a letter and requested that it be made part of the record. He said that they concur with the City's recommendation. He reported that they moved into the home in June of last year and find the tree to be an asset to the community. He said they are in favor of keeping the tree and thanked the Council for taking the time to hear this issue. In response to comments and questions raised by Council Member Glover, Mr. Bubb reported that they were in their home about two months when the neighbors approached them about removing the tree. Mr. Niederhaus reported that staff has been to the site several times and Volume 51 - Page 225 I 1 ' City of Newport Beach City Council Minutes April 28, 1997 have never been able to identify any accumulation of pine needles to justify calling the Fire Department. This afternoon the Risk Manager, Lauren Farley, reported that she and Mr. Dan Ohl, Deputy City Attorney, visited the site and concur with the staff report on the :retention of the tree from a liability point of view. Motion by Council Member Glover to deny the appeal and retain the City parkway tree located at 439 Irvine Avenue. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Glover, Noyes, Mayor Debay Noes: Edwards Absent: Hedges Abstain: None MOTION FOR RECONSIDERATION Motion by Council Member Noyes to reconsider the report of the Council Ad Hoc Committee to Advance Newport Center Economic Opportunities (Item 27 - 4/14/97) at the meeting of May 12, 1997. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent Hedges Abstain: —None — 11:35 p.m. - In memory of William Janes Edwards, Sr. xxxsxxxxxxxxxxxxxxxxxx The agenda for the Regular meeting was posted on April 24, 1997 at 12:15 p.m. and the supplemental agenda was posted on. April 25, 1997 at 11:10 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk ��8%lm.l. Recording Secretary Mt) Volume 51 - Page 226 1 1 ,_