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HomeMy WebLinkAbout01 - 07-26-1999August 9, 1999 Agenda Item #1 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting RAFT July 26, 1999 - 7:00 p.m. INDEX - 5 :00 P.M. CLOSED SESSION REPORT PRESENTED - None. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: None Pledge of Allegiance — Council Member Ridgeway. Invocation by Mr. Paul Sansevieri, Calvary Chapel, Costa Mesa Presentation of Proclamation declaring August 9, 10, 11 and 12, 1999 as "Naples Sabot Junior National Regatta Week". Richard Lopeck accepted the proclamation and thanked the City Council. He stated that there would be approximately 160 entrants in this year's event. Welcomed and recognized the visitors from Sister City Okazaki, Japan. Mayor O'Neil acknowledged the delegates from Okazaki who were in attendance at the meeting. He added that Newport Beach representatives met with the delegates the day before and rededicated the Friendship Sculpture at the Central Library. Mr. Suto, through an interpreter, thanked the City for its warm welcome. He presented a gift to Mayor O'Neil with a message from the Mayor of Okazaki. Mayor O'Neil introduced Karen Evarts, President of the Sister City Association, and together they provided gifts to Mr. Suto and the delegates. Presentation of Cultural Arts Grants — FY 1999/2000. Mayor O'Neil introduced Kathy Harrison, Chairman of the City Arts Commission. Together, they handed out the checks to the recipients of the 1999 /2000 grant awards. The awards totaled $40,000. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM): • Mayor Pro Tem Thomson announced the accomplishments of the Newport Beach Little League All-Star team. He listed the twelve 11 -12 year -olds that comprised the team and stated that they represented the City well. • Mayor O'Neil added that Mayor Pro Tem Thomson's son, Scott, was the pitcher and was really the superstar of the series. • Mayor Pro Tem Thomson announced that the City's Junior Lifeguard Program has 1200 people in it this year, with many more on a waiting list. He distributed Volume 52 - Page 612 Sister City (33) Cultural Arts Grants for FY 1999 -2000 (62) City of Newport Beach City Council Minutes July 26, 1999 hats and t- shirts to each of the council members, acknowledging the great program, and announced the graduation celebration that will take place on August 11, 1999. i Mayor O'Neil announced the 2nd Annual Pacific Coast Triathlon, which will take place at Crystal Cove State Park on August 1, 1999. Council Member Debay stated that she received a call from a representative of the Orange County Sanitation District and the Orange County Water District, stating their desire to visit cities and discuss the County's groundwater replenishment system. Council Member Debay suggested that the City Manager work with the representative to make arrangements for a Study Session. She added that she'd like to have the presentation televised. Council Member Ridgeway stated that the Daily Pilot filed a Public Records Act to receive the note handed to him at the prior City Council meeting, causing him to call for an immediate closed session. Council Member Ridgeway stated that he received the note from Council Member Noyes, as the City Council was preparing to vote on the expenditures for the pro - airport groups. He read the note, which referenced a conflict of interest. Council Member Ridgeway stated that the Mayor and the City Attorney determined that that there was no conflict of interest. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR (STUDY SESSION) AND REGULAR MEETING OF JULY 12, 1999. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. RESOLUTIONS FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. REVISED PARKING LOT FEES FOR BALBOA PIER AND CORONA DEL MAR PARKING LOTS (contd. from 4/26/99, 5/24199 & 6/14/99). Continue to August 23, 1999. 4. BALBOA YACHT BASIN RENTAL ADJUSTMENTS. Adopt Resolution No. 99 -51 adjusting the slip, apartment and garage rental rates at the Balboa Yacht Basin and rescinding Resolution No. 95 -46, and approve budget amendment (BA -004) establishing a Capital Improvement Program for ongoing maintenance at the Balboa Yacht Basin; and increase revenue estimates for slip revenues in the current budget originally projected for $1,090,000 to a new project amount of $1,190,000. ORDINANCES FOR INTRODUCTION 5. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL, ANNUAL REPORT FOR 1999 -2000 FISCAL YEAR, AND Volume 52 - Page 613 11011 �1:! No report Res 99 -51 BA -004 Balboa Yacht Basin Rental Adjustments (40/51) Ord 99 -18 Res 99 -52 L _.,1 City of Newport Beach City Council Minutes July 26, 1999 INTRODUCTION OF ORDINANCE TO MODIFY THE BASIS FOR LEVYING ASSESSMENTS. a) Approve Corona del Mar Business Improvement District Annual Report; b) adopt Resolution of Intention No. 99-52 to set the public hearing for August i23, 1999; and c) introduce Ordinance No. 99 -18 to modify the basis for levying assessments. 6. ALARM ORDINANCE CHANGES AND ASSOCIATED FEES. a) Introduce Ordinance No. 99 -19 amending Chapter 5.48 (Telephonic Alarm System) and Chapter 5.49 (Burglary- Robbery -Fire Alarm Systems) of the NBMC; b) approve a budget amendment (BA -003) of $15,776 in additional revenue to account 1820 -5079 for the remainder of the fiscal year resulting from the anticipated sale of alarm monitoring signs and decals and to allocate an additional $15,776 to the Police Department Professional - Technical Services account (1820 -8080) to fund the initial purchase of alarm monitoring signs and decals; and c) adopt Resolution No. 99 -53 amending Resolution Nos. 94 -95 and 94 -97 to include a fee of $16.00 per unit for purchasing an alarm monitoring sign and a fee of $0.50 per unit for purchasing an alarm monitoring decal. CONTRACTS AND AGREEMENTS 7. SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE (C- 2804). Approve Amendment No. 2 to the Professional Services Agreement with Dokken Engineering and authorize the Mayor and the City Clerk to execute the agreement. 8. 1998 -99 NEWPORT PIER REPAIRS. -- COMPLETION AND ACCEPTANCE (C- 3206). Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 9. MARINE AVENUE, SOUTH OF BALBOA ISLAND BRIDGE, INTERSECTION RECONSTRUCTION — COMPLETION AND ACCEPTANCE (C- 3268). Accept the work; authorize the City Clerk to file a Notice of Completion; authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 10. Item removed from the Consent Calendar by Council Member Glover. MISCELLANEOUS ACTIONS 11. Item removed from the Consent Calendar by Council Member Noyes. 12. SCHOOL RESOURCE OFFICER PROGRAM., Approve the preliminary recommendation given by the School/Council Committee to implement the proposed School Resource Officer program, subject to the identification and ultimate Council approval of appropriate funding sources; and approve the "over- hire" of two sworn officers above the authorized strength in anticipation of ultimate program approval. Volume 52 - Page 614 INDEX Corona del Mar Business Improvement District (27) Ord 99 -19 Res 99 -53 BA -003 Alarm Ordinance Changes/Fees (40/70) C -2804 Seismic Retrofit of Lido Isle & Newport Island Bridges (38) C -3206 1998 -99 Newport Pier Repairs (38) C -3268 Marine Avenue Intersection Reconstruction (38) School Resource Officer Program (70/78) City of Newport Beach City Council Minutes July 26, 1999 13. Item removed from the Consent Calendar by a member of the audience. 14. MASSAGE TECHNICIAN APPEAL - BRANDON SEGER. Accept, approve and adopt the Findings and Recommendations of the Hearing Officer and deny the massage permit application of Brandon Seger. 15. MITIGATED NEGATIVE DECLARATION FOR 32Nr' STREET /NEWPORT BOULEVARD STREET REHABILITATION AND, 30TH STREET /NEWPORT BOULEVARD STORM DRAIN IMPROVEMENTS (C- 3245). Adopt the Mitigated Negative Declaration for the 32nd Street/Newport Boulevard Street Rehabilitation and 30th Street/Newport Boulevard Storm Drain Improvements Project. Motion by Mayor Pro Tern Thomson to approve the Consent Calendar, except for those items removed (10, 11 and 13). The motion carried by the following roll call vote Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: None ITEMS REMOVED FROM THE CONSENT CALENDAR 10. OPERATING AGREEMENT WITH THE STATE OF CALIFORNIA REGARDING CORONA DEL MAR STATE BEACH ("BIG CORONA "). Council Member Glover expressed her surprise that the revenue from Corona del Mar State Beach is less than the expenses. Assistant to the City Manager Kiff confirmed for Council Member Glover that the "marine educational facility" mentioned in the report refers to the artificial tidepool program and that the agreement allows for its construction. In response to a question about the cost of the facility, he added that staff has only been authorized to study the issue and should have additional information in the next thirty to sixty days. Lastly, Assistant to the City Manager Kiff responded to a question about how the facility will be paid for by stating that a settlement will be collected from the American Trader oil spill and can be applied to this program. Council Member Glover stated that this shows how much the citizens of Newport Beach must pay to maintain the beaches. Motion by Council Member Glover to authorize the Mayor to sign the Operating Agreement between the City and the State of California regarding Corona del Mar State Beach ("Big Corona'). The motion carried by the following roll call vote Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: None Volume 52 - Page 615 INDEX Massage Technician Appeal (27) C -3245 Storm Drain Improvements/ Mitigated Negative Declaration (38) C -3193 Operating Agreement for Big Corona (38) City of Newport Beach City Council Minutes July 26, 1999 11. PLANNING COMMISSION AGENDA FOR JULY 22, 1999. Council Member Noyes requested that the Blockbuster Entertainment and Jiffy Lube items be pulled from the Planning Commission agenda for City Council review. Motion by Council Member Noyes to receive and file the agenda, and call up the Blockbuster Entertainment and Jiffy Lube items for City Council review. Council Member Glover stated that she could not support the motion. She stated that a lot of time has been spent by the Planning Commission, staff and the architect on the Jiffy Lube facility. Motion by Council Member Glover to receive and file the agenda. Council Member Noyes stated that any one council member can pull an item from the Planning Commission agenda. Assistant City Manager Wood confirmed this. The original motion by Council Member Noyes carried by the following roll call vote: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil • Noes: None Abstain: None Absent: None 13. HARBOR PERMIT #801 -001. Deputy Fire & Marine Chief Melum stated that the permit is in the southwest end of Grand Canal. He stated that the City issued four mooring permits in 1976 in the Grand Canal. He added that these permits were not for structures. In March of 1999, the City received a complaint that one of the mooring permittees had constructed a structure. He stated that the City requires a permit for such structures and that the structure would not even be allowed per Council policy. Deputy Fire & Marine Chief Melum stated that the City has issued several citations for the unpermitted pier. For Council Member Debay, Deputy Fire & Marine Chief Melum stated that a permit would not be issued for the pier per the requirements of Council Policy H -1, Harbor Permit Policy. He explained that the rationale behind the policy was to keep additional permits, beyond the four issued in 1976, from being issued in the Grand Canal to non - upland property owners. Jim Hildreth, 120 Grand Canal, provided the City Council with a packet of information which included his letter of July 13, 1999, to the City Manager, photos of the Grand Canal, a copy of a City Pier Permit Statement, the design of his structure and proof of insurance. iMr. Hildreth informed Council Member Debay that he has met with the Revenue Division and the Fire & Marine Department. Mr. Hildreth added that he cannot provide insurance for a ladder but he can, and does, have Volume 52 - Page 616 INDEX Planning (68) Harbor Permit No. 801 -001 (51) City of Newport Beach City Council Minutes July 26, 1999 INDEX insurance for the current structure. He stated that a structure of some kind is needed to get to the sand. Council Member Debay stated that there appeared to be a lot of confusion. City Attorney Burnham confirmed for Council Member Debay that "a violation of due process and equal protection under the law ", as stated in Mr. Hildreth's letter, is not applicable since the City is not taking any of Mr. Hildreth's rights away. Deputy Fire & Marine Chief Melum confirmed for Council Member Debay that Mr. Hildreth's Pier Permit Statement is for the mooring permit issued in 1976. He explained that the two types of structures on the harbor tidelands are the shore moorings and the residential or commercial piers. He stated that the four mooring permits in the Grand Canal don't fit into either category, but are billed through the City's residential billing procedure. Mr. Hildreth responded to Council Member Adams' question about his relationship with the applicant, by stating that Jack Hildreth is his father. Council Member Adams asked if there was any legal responsibility for the City to provide access to the mooring. City Attorney Burnham stated that there was not. Council Member Ridgeway confirmed with Deputy Fire & Marine Chief Melum that the citations issued to Mr. Hildreth, totaling $1800, have not yet been paid. Mr. Hildreth stated that he has been trying to have the matter heard by the City Council, and asked that if it is decided to have the structure removed, that his citation fees be waived. Council Member Noyes stated that there is a policy that prohibits any new piers or docks. He said the City Council should not go against policy, as others will then want to build the same types of structures. Motion by Council Member Noyes to determine that Harbor Permit #801 -001 was issued for a shore mooring only, which consists of a mooring stake, mooring line, weight and buoy, and that any other structure at this location now is existing without a valid permit and shall be abated and removed; and to waive the citation fees. Council Member Ridgeway stated that granting the structure would set a precedent. The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: None PUBLIC COMMENTS Charles Griffin, 732 Bison Avenue, stated his disappointment on the cancellation of the Study Session, scheduled for earlier in the day on the El Volume 52 - Page 617 City of Newport Beach City Council Minutes July 26, 1999 Toro subject. Mr. Griffin stated that a report was recently released by the Inspector General, which brought to light the unacceptable number of excessive runway collisions at Los Angeles International Airport. He stated that it points to his reason for requesting that the runways at El Toro be realigned, or that just a single realigned runway be used. He requested the City Council to give advice on this subject to the County supervisors. PUBLIC HEARINGS 16. VACATION AND ABANDONMENT OF A PORTION OF OLD NEWPORT BOULEVARD LOCATED IN THE NEWPORT HEIGHTS AREA (contd. from 7112199). Mayor O'Neil opened the continued public hearing. Council Member Glover stated that she was the one that requested the item be continued at the previous meeting, and that she has since received the information she needed. Motion by Council Member Glover to adopt Resolution No. 99 -54 ordering the vacation and abandonment of a portion of Old Newport Boulevard; and direct the City Clerk to have the resolution recorded by the Orange County Recorder. There being no testimony, Mayor O'Neil closed the public hearing. The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: None 17. BALBOA BAY CLUB, 1221 WEST COAST HIGHWAY — AN AMENDMENT TO CHANGE THE DEVELOPMENT LIMITATIONS OF THE EXISTING PLANNED COMMUNITY DISTRICT REGULATIONS TO CORRECT AN ERROR IN THE ORIGINAL CALCULATION OF THE BUILDING SIZE ASSOCIATED WITH THE PREVIOUS APPROVAL, AS WELL AS TO ALLOW AN INCREASE IN THE SIZE OF THE HOTEL FACILITY TO PROVIDE ADEQUATE BUILDING SUPPORT AREAS, ATHLETIC FACILITIES, AND MEETING SPACE. ALSO INCLUDED IN THE AMENDMENT ARE PROVISIONS TO ALLOW THE HEIGHT OF THE BUILDING TO BE MEASURED FROM THE AVERAGE GRADE OF THE SITE, AND TO ALLOW THE PLANNING COMMISSION TO APPROVE ARCHITECTURAL FEATURES WHICH EXCEED THE BASIC HEIGHT LIMIT. Mayor O'Neil opened the public hearing. David Wooten, President of International Bay Clubs, parent company of the Balboa Bay Club introduced Beverly Rae, Chairman of the Board, Henry Sheline, President, Jerry Johnson, Chief Financial Officer, and Doug Lee of Lee & Sakahara Architects. Mr. Wooten stated that they have worked hard on the design redevelopment and believe that it will benefit the City. He Volume 52 - Page 618 INDEX Res 99 -54 Vacation and Abandonment/ Old Newport Blvd. (90) Ord 99 -20 Use Permit 3524 Balboa Bay Club/ 1221 W. Coast Hwy (88) City of Newport Beach City Council Minutes July 26, 1999 INDEX complimented City staff and thanked the Planning Commission for their unanimous consent of the proposed action. There being no further testimony, Mayor O'Neil closed the public hearing. Mayor O'Neil reopened the public hearing. Jim Navai, 1201 Dings Road, stated that the view from his home will be greatly disturbed by the change in elevation in the new design. He stated that the new building will be twenty -two feet higher than is currently allowed. Mr. Navai stated that as a professional environmental designer, he feels the additional height alters the skyline permanently in a negative way. He requested that if the City Council approves the request of the Balboa Bay Club that the architectural feature be located on the Coast Highway side of the building and not on the bayside, as currently proposed. He stated that the new building cuts the view of water from his home in half. Council Member Debay confirmed with Planning Director Temple that the overall height of the building at Coast Highway is less than the original proposal, by about eighteen inches. Planning Director Temple added that there are three aspects to the roof elevation that exceed the thirty -five foot height limit. She stated that the architectural feature referred to by the previous speaker is the open cupola and it stands twenty -two feet higher than currently allowed. Council Member Adams confirmed that Mr. Navai had seen the visual simulation exhibits. Council Member Adams stated that the exhibits show that the three roof aspects that exceed the current limit, have no impact. Robert Whitney, 1211 Kings Road, stated that the Balboa Bay Club already has approximately 75% of its area above current code. Mr. Whitney feels that they shouldn't get more and that the height limitations are put in place for a reason. He believes that the Balboa Bay Club is shifting the cost of enhancing the facility to its neighbors. Council Member Ridgeway stated his agreement with Mr. Navai about having a better architectural treatment on the Coast Highway side of the Balboa Bay Club because it might be more beneficial to the citizens. He added that he doesn't understand why the cupola is really necessary. Doug Lee, Lee & Sakahara Architects, responded by saying that the cupola is primarily for aesthetics and that it is an integral part of the design concept, serving as a strong point of reference for the whole project. He added that the cupola is only eighteen square feet, and that the overall project has been lowered. He said the tower does not impact the view of the residents on Kings Road, and that the code allows for some architectural height projections. Council Member Ridgeway questioned if a cupola would be allowable by code. He confirmed with Mr. Lee that the width at the top of the cupola is less than eighteen square feet. Mr. Lee added that the total frontage of the project is over 700 feet. Council Member Noyes asked Mr. Lee about moving the feature to the Coast Volume 52 - Page 619 0 L� 0 City of Newport Beach City Council Minutes July 26, 1999 Highway side of the building. Mr. Lee stated that the point of reference is better on the bayside and that the highway side of the facility already has a lot of things going on. Council Member Debay confirmed with Mr. Lee that the public view corridor has been widened from the previous proposal, by an extra ten feet. Council Member Adams stated that he feels that the cupola adds to the aesthetics of the building and its width of eighteen square feet shouldn't have a significant impact to the views from the homes on Kings Road. There being no further testimony, Mayor O'Neil closed the public hearing. Council Member Glover stated that identified architectural features on Mariners Mile are allowed to go above the normal height. She stated that the reason that the Balboa Bay Club is before the City Council at the current meeting is because the previous architectural firm made an error. She stated that the current proposal is much better than the earlier one. She added that she thinks the proposed project is something that the City can be proud of and provides for a better view corridor. Motion by Council Member Glover to introduce Ordinance No. 99 -20 approving amendments to the Planned Community District Regulations for the Balboa Bay Club, and pass to second reading on August 9, 1999; and approve Use Permit No. 3524 as recommended by the Planning Commission. Council Member Noyes reminded everyone that the public access to the site will be greatly improved with the proposed project. He confirmed with Mr. Wooten that, with the new proposal, 147 rooms would be open to the public. Council Member Ridgeway stated his concern about the cupola. He stated that even though other changes have been made, the cupola will still affect someone's view. Substitute motion by Council Member Ridgeway to introduce Ordinance No. 99 -20 approving amendments to the Planned Community District Regulations for the Balboa Bay Club, and pass to second reading on August 9, 1999; and approve Use Permit No. 3624 as recommended by the Planning Commission, with the exception of the cupola. The motion died for lack of a second. Council Member Adams stated that the Planning Commission heard the issue and that there has been ample opportunity for public input and scrutiny of the project. He also stated that having the council member of the district approve of the project is important to him and that he would be in support of the original motion. The original motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, Debay, Noyes, Mayor O'Neil Noes: Ridgeway Abstain: None Volume 52 - Page 620 INDEX City of Newport Beach City Council Minutes July 26, 1999 Absent: None 18. FLETCHER RESIDENCE APPEAL (FRITZ DUDA, APPELLANT) - #21 BAY ISLAND — AN APPEAL OF THE DECISION OF THI; PLANNING COMMISSION WHICH APPROVED A REQUEST TO EXCEED THE BASIC 24 FOOT HEIGHT LIMIT TO THE MAXIMUM 28 FOOT HEIGHT LIMIT FOR A PORTION OF THE THIRD :FLOOR OF A NEW SINGLE FAMILY DWELLING TO BE CONSTRUCTED ON LOT 21 OF THE BAY ISLAND CLUB; AND MODIFICATION NO. 49111 TO PERMIT VARIOUS ENCROACHMENTS INTO THI: ESTABLISHED SETBACKS AND BUILDING ENVELOPES AS DEPICTED ON THE BUILDING SITE MAP OF USE PERMIT NO. 3618. Planning Director Temple stated that the Planning Commission approved ;a new structure on Bay Island, which exceeded the basic height limit but was within the secondary height limit allowed by the planned residential use permit approved for the Bay Island Club. She stated that the issues raised in the appeal include the overall scale, height and mass of the building as well as the various encroachments into established setbacks. Council Member Debay confirmed with Planning Director Temple that the City does not enforce private CC &R's (Covenants, Conditions & Restrictions). Council Member Debay also mentioned the petition received from the Bay Island Club with 23, of a possible 24, homeowners signing in support of the new structure. Fritz Duda was given a copy of the petition. Mayor O'Neil opened the appeal hearing. Douglas Fletcher, 12 Bay Island, stated that he and his wife wish to build a new home on Bay Island. He referenced the petition mentioned earlier and stated that every homeowner, except the appellant, signed it. Mr. Fletcher stated that he and his wife enjoy living on the island and chose Kurt Donat as the architect for their new home at 21 Bay Island. He said they also worked closely with the Island's three - member architectural committee. Mr. Fletcher stated that the appellant has taken issue with the structure being too big, exceeding the building envelope and height limit, and using too much of the site. Mr. Fletcher disagreed with each argument. He added that the appellant also feels that the Island's Board of Directors rubberstamped the approval of the plans. Mr. Fletcher disagreed with this argument. He also disagreed with the appellant's claim that the house is being placed too far south. Mr. Fletcher concluded by stating that the appellant is challenging his right to build a home that has been approved by the residents of Bay Island and the Planning Commission, unanimously in both cases. Mr. Fletcher stated that the architect, Mr. Donat, the Chairman of the architectural committee, Bill Ficker, and the President of the Bay Island Club, Robert Emett, were all present to answer any questions. Fritz Duda, 17 Bay Island, clarified that City staff recommended against the major encroachment on the lot, but the Planning Commission overturned it. He stated that he endorsed the City Council's policy to not get involved with Volume 52 - Page 621 INDEX Use Permit 36181 Modification 4919/ Bay Island/Fletcher Residence Appeal/ No. 21 Bay Island (88) 0 0 City of Newport Beach City Council Minutes July 26, 1999 homeowner associations and any disputes. Mr. Duda stated that the point is that the plan that has been developed is inconsistent with City codes. He said, for that reason, it went to the Planning Commission. Mr. Duda stated that, in 1997, a policy was established for new construction on Bay Island. He stated that the Island was permitted to maintain a multi- family zoning designation and a planned development special use permit was adopted. He stated that the envelopes established building site limit lines for each building area and are meticulously laid out. Mr. Duda feels that it is important to enforce the established envelopes. He feels that approvals should be based on policies, not exceptions. He is concerned about the long -term effect of changing the envelope lines and height limits. Mr. Duda concluded by reading from the existing ordinance. He urged the City Council to consider the long -term impacts of allowing a lot on Bay Island to exceed the building envelope lines that were established in the ordinance that was adopted on August 15, 1997. City Attorney Burnham explained for Council Member Glover the City's responsibility in the private gated communities that have their own architectural committees. He stated that the decisions made by homeowner associations are not relevant to the City Council's deliberations. He added that the proposed home at #21 Bay Island is before the City Council because there is a need for a modification to the Planned Residential District (PRD). Planning Director Temple confirmed for Council Member Glover that the vote by the Planning Commission was 6 -0, with one member absent. Planning Director Temple added that the PRD use permit established the height limit at twenty -four feet, but also provided a process for increasing the height to twenty -eight feet with approval by the Planning Commission. She explained that the original height limit for an R -3 district was twenty - four feet in the front of a unit and twenty -eight feet in the rear, so the City wanted to allow at least the opportunity for consideration. Council Member Glover confirmed with Planning Director Temple that there are three levels in the proposed building. Planning Director Temple stated that most of the buildings on Bay Island are two stories, but many may have a third level if the property slopes. Council Member Ridgeway asked if the Bay Island Club could amend their policies to allow this building. Mr. Duda responded that it might be the special use permit that needs to be amended to extend the building envelopes. Mr. Duda added that there is a procedure in place to allow a variance, but that the procedure was not followed in this case. He stated that a policy could be developed depending upon the City's desire to maintain the character of the Island or to plan by exception. Mr. Duda does not feel that there is any reason to extend the building envelopes. He concluded by saying that the lot in question could have a third level because of the way the lot slopes, but that the issue is one about height and encroachment. Planning Director Temple responded to Council Member Adams' question about the other lots on the Island that are built to similar height and scale by stating that she did not have exact measurements, but that there are Volume 52 - Page 622 INDEX City of Newport Beach City Council Minutes July 26, 1999 INDEX several homes that have a similar height. She added that many houses look taller than others do, but it is due to the change in grade elevation of the lot as opposed to the actual height of the buildings. Mr. Duda added that the proposed home would be the exact same height as the home on Lot #19, but that the home on Lot #19 is on a higher grade. He said that the home on Lot #20 would provide a better comparison. Bill Ficker, 417 30th Street, Chairman of the Island's Architectural. Committee, displayed a drawing that showed the grade of the lots on the Island. He stated that the elevation of the proposed building is similar to the. other homes that have a grade change. He added that many houses on the, west shore are three stories in height. He said the proposed home is below maximum floor area and does not exceed the buildable area of the lot. He said the PRD was written with the anticipation that each lot would have to be dealt with individually. He said that important language was added to the PRD to address this concern which stated, "and as much consistency as reasonable for redevelopment of lots to enjoy the same use as existing ones ". Mr. Fletcher stated that his home is lower than Mr. Duda's house, is also three stories, has a smaller square footage on the top level, no observation deck and the same grade. There being no further testimony, Mayor O'Neil closed the appeal hearing. Council Member Ridgeway stated that Newport Beach is a city of exceptions because of small lots with high value. He stated that Mr. Fletcher's house appears to be consistent, in size and scale, with the Island. He added that the Island residents should be aware that Mr. Duda's appeal is trying to bring about the betterment of the entire Island, and provide for good value: and scale. Motion by Council Member Ridgeway to affirm the decision of the Planning Commission's approval of request to exceed the basic height limit for Bay Island and Modification Permit No. 4919. The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: None CONTINUED BUSINESS 19. JAMBOREE ROAD AND BISON AVENUE INTERSECTION Bison/Jamboree OPERATION. Intersection (85) Mayor O'Neil explained the procedure for conducting the public testimony, stating that 10 minutes will be given to a spokesperson representing those that are in favor of maintaining the current intersection modification; 10 minutes will be given to a spokesperson representing those opposed to the modification; one minute will be provided to 15 individuals from each side; five more minutes will be allotted to each spokesperson for summarization Volume 52 - Page 623 0 0 City of Newport Beach City Council Minutes July 26, 1999 and rebuttal; and then the item will be brought back to Council for consideration. Mayor O'Neil recessed the meeting at 8:45 p.m. and reconvened the meeting at 9:00 p.m. Traffic Engineer Rich Edmonton stated that the City received over 900 pieces of communication on this issue and utilized a map to describe the Jamboree/Bison area.. He reported that Eastbluff was constructed in 1963; that the City started taking traffic counts in 1975; and that traffic did not become a big issue until the early 1990'6 due to the pending annexation of the Bonita Canyon and the development of the Pacific Bay homes. He pointed out that, as part of the Pacific Bay project approval and development agreement, they agreed to fund some studies to help Eastbluff decide what they wanted to do regarding traffic. The concept of placing restrictions at the intersection was created and implemented in 1998 for a trial period. He reviewed the traffic counts from before and after the restriction were implemented and reported that overall traffic has decreased by about 1/3. Mr. Edmonston stated that Eastbluff residents were polled and indicated that a majority of the residents supported keeping the restrictions. Regarding the concern that the restrictions extended travel time, Mr. Edmonston reported that the delays were calculated to be from 14 to 19 seconds. He highlighted the accident summary which includes rear end, right angle, and hit object accidents at the Eastbluff/Ford, Bison, and Eastbluff/University intersection. He reported. that the intersections are below CalTrans' Statewide Average for a 4 -way signalized intersection and added that the Police Department reported that a steady downward accident trend has occurred at both Jamboree and Eastbluff. Mr. Edmonston reported that former Mayor Torn Edwards tried to get the two sides together to discuss the possibility of limiting the restrictions to peak hours. This was not received warmly by the Eastbluff residents and the Police Department expressed concern regarding manpower availability during those hours on a routine basis. He noted that Council Member Adams has taken the lead role in resolving this issue since the election. Mr. Edmonston stated that, if Council decided to make the restrictions permanent, a median will need to be reconstructed with concrete and landscaping; striped islands will need to be added; and the area will need to be supplemented with signs. He reported that the changes would cost about $80,000 but noted that, during the Bonita Canyon meeting, Carol Hoffman of The Irvine Company indicated that they would contribute $25,000 towards the improvements and the Pacific Bay development agreement stipulates that they also provide some funding. He reiterated that Pacific Bay has already spent about $37,000 on traffic studies, noise studies, and other work on behalf of the Eastbluff Homeowners Association. Council Member Adams noted that the travel time report was based on the assumption that people were driving at the speed limit and included the average wait time at the intersection. He indicated that he received a letter from the Bluff Homeowners Community Association that challenged the published values and expressed their belief that the difference in travel time should be greater. Mr. Edmonston added that the actual driving time was Volume 52 - Page 624 INDEX City of Newport Beach City Council Minutes July 26, 1999 INDEX slightly longer than the calculated time. In response to Council Member Adams' question, Mr. Edmonston explained the right turn configuration at Eastbluff and Ford, believing that this should considerably ease the congestion. Mayor Pro Tem Thomson asked if the construction will be completed by the beginning of the school year. Mr. Edmonston indicated that the bulk of the work will be completed by then, but the project will not be concluded until late November or early December because the project is fairly complicated. Regarding changing the timing of the traffic signal to prohibit travel at certain hours, Mr. Edmonston believed that this would be difficult for straight traffic to follow signs that restrict movement at certain hours. He stated that the bigger safety concern involves what people are supposed to do if they are in the left turn lane and then there was a sign prohibiting them from turning left. Barry Eaton, 727 Bellis Street, President of the Eastbluff Homeowners Association, expressed his appreciation to Council for addressing the traffic problem, suggesting the current modifications at Jamboree/Bison, and permitting the trial period. He reported that the several modifications around the high school and the project at Eastbluff/Jamboree were supported by both the Eastbluff and Bluffs residents. He believed that traffic grew 31 percent in the Eastbluff area and 110 percent in the Bison area between 1975 and 1997, and noted that the Ford/Loral and Bonita Canyon projects occurred after the modifications were installed. He expressed the opinion that traffic would be more inundated if the modifications were removed, especially with the opening of the Sav -On and the reopening of the Eastbluff Elementary School. Mr. Eaton stated that the modification has had a greatly desired effect on the Eastbluff area since it decreases the overall traffic. He reported that, out of a 90 percent Eastbluff Homeowners Association vote, 83 percent voted to request that the modifications be made permanent. In response to the concern regarding Eastbluff turning into "closed" streets, he stated that all Eastbluff streets have been accessible to the public and that the modification does not change this. Regarding the concern that the Jamboree/Eastbluff intersection is more dangerous now, he noted that the staff report indicated that there has been a reduction in accidents at the two Eastbluff Drive intersections. In response to the concern regarding the inconvenience of the modified traffic pattern, he reiterated that the staff report also noted that the travel time only increased by about 20 seconds. Mr. Eaton believed that the streets were not being used as originally planned and were not designed to handle inter- neighborhood traffic. He noted that Bison/Jamboree is the only intersection in the City where a six lane highway is aligned opposite of a two lane residential street. He expressed hope that Council will act in accordance with the new Traffic Phasing Ordinance policy to mitigate the impact of traffic volumes on residential neighborhoods in the vicinity of primary intersections. Carlyle "Cork" Levinson, 400 Carlotta, President of the Bluffs Homeowners Community Association, stated that he does not blame Eastbluff residents for wanting to retain the configuration that they have had for over a year Volume 52 - Page 625 9 0 City of Newport Beach City Council Minutes July 26, 1999 since this is the best way to privatize a public street at no cost to Mr. Levinson stated that a meeting was conducted last August in which they were told that an intersection report was being prepared by a consultant and would be available in six to eight weeks. They never received the report. He indicated that they were also told that the trial basis was enacted due to the threat of a lawsuit related to the Bonita Canyon area. He stated that in October, upon the suggestion of Council Member Noyes, the groups met and agreed to restrict traffic at certain hours. However, after the November meeting, the agreement no longer existed. Mr. Levinson stated that they met with Council Member Adams in December who indicated that he never saw the consultant report and understood that it was confidential. He stated that Council Member Adams later told them that the report was not confidential but that he did not like the report and that it was still not available to them. He noted that the February meeting was postponed and that they have been frustrated with the process. Mr. Levinson stated that they are also concerned about safety because that area is funneling traffic for three intersections in which there are 2,800 homes. He believed that potential traffic hazards will be created with the closure of one of the two intersections. He agreed that there is no compromise for safety, but noted that they did offer a compromise. He pointed out that Mr. Edmonston presented a cost estimate to keep the configuration permanent but did not offer an estimate to enact restrictions. . Bob Wolf, 601 Vista Bonita, speaking in opposition to the configuration, disagreed with the travel time analysis, stating that he timed his travel from his home to the post office and that it was 50 percent longer. Regarding the number of cars traveling in Eastbluff throughout the years, he noted that the closure puts Eastbluffs quality of life less than that in 1975. He asked what will happen to traffic in the next five years as Bonita Canyon and Pacific Bay are built out, believing that all the traffic will end up at Jamboree and Ford. He proposed reopening Bison as a safety valve for intermittent traffic. Ray Watson, 2501 Alta Vista Drive, speaking in support of the configuration, stated that he worked for the company that planned Eastbluff and that an intersection was not supposed to have been constructed. He believed that a residential road that backs onto a major arterial road is not designed for cross traffic. He stated that all the current construction in the area is unanticipated and believed that a "cancer" will grow in the community if traffic is not stopped. Barbara North, 901 Chestnut Place, speaking in opposition to the configuration, reported that she received something in her mailbox which basically stated that people who do not live in Eastbluff should not have access to the streets. She suggested that these people move since the traffic was already there when they bought their houses. Julia Garrett, 2126 Araha Street, speaking in support of the configuration, . believed that their quality of life in the neighborhood has improved since the implementation. She indicated that she lives on a cul de sac and is still affected, explaining that people drive through her street looking for a way to cut onto Jamboree. She stated that she is on the PTA Board for Eastbluff Volume 52 - Page 626 INDEX City of Newport Beach City Council Minutes July 26, 1999 INDEX Elementary School and that they are excited that the children can walk or bike to school in safety. Jan Sukrau, 900 Chestnut Place, speaking in opposition to the configuration, stated that she lives on a cul de sac that is close to the Jamboree/Bison area and believed that the travel time analysis is not true for her. She believed that the three entrances where they conducted the timing are not relevant to the people who are the closest to Jamboree /Bison. She suggested that people be permitted to drive across Bison and explained the inconvenience of the configuration when exiting from the 73- Freeway. Dave Blankenhorn, 2611 Alta Vista, speaking in support of the configuration, reiterated that the surrounding developments did not exist when he moved to Eastbluff 26 years ago. He stated that he lives across from the park and feels that children can now play there safely because of the changes. He urged Council to continue the modification as it is well received by the community and has enhanced their quality of life. Paul Fagan, 900 Chestnut Place, speaking in opposition to the configuration., stated that, even though traffic is down by 1/3, the modification poses an inconvenience to the residents who live close to the Bison exit. Chris Telles, 2607 Bamboo Street, speaking in support of the configuration., stated that, prior to the changes, cars would drive by his house every 20 seconds at about 60 mph. He expressed the opinion that the configuration has made a difference to their quality of life. . John Lippman, 2010 Vista Cajon, stated that he initially was opposed to the configuration but does not oppose it anymore. He believed that the changes are not a big inconvenience, noting that a majority of the Bluffs residents are retired and do not have to be at an office at a particular time. Stating that he has lived in the Bluffs for 4 years but previously lived in Eastbluff for 25 years, he pointed out that there is a tremendous increase of speeding vehicles near the high school on Vista del Oro Street and that this may turn into a serious safety problem. Gary Osterberg, 2668 Basswood, speaking in favor of the configuration, stated that his office is on the corner of Bison and Jamboree and that he has frequently called 911 to report accidents. However, since the changes have been enacted, he has not had to do that. He reported that traffic has significantly decreased near the park and high school students no longer hang out at the park on Saturday night. Patricia Raymond, 915 Celtis Place, speaking in opposition to the configuration, stated that the current configuration is a great inconvenience to her. She indicated that she does not object to trying to decrease traffic in Eastbluff, but disagrees with the method. She stated that it now takes her more than 45 seconds to drive to the post office or any store. She indicated that she has not written any letters or phoned anyone because the Fight has gotten vicious and insulting, and because the propaganda that has been distributed is so untrue. She disagreed with Mr. Watson stating that Bison was not a designated highway, stating that the only way she was able to see . the model homes was to drive through Bison. Volume 52 - Page 627 City of Newport Beach City Council Minutes July 26, 1999 . Dennis Ashendorf, 2173 Vista Entrada, speaking in support of the configuration, stated that he lives in the same area as the Eastbluff Plaza, Eastbluff Elementary School, and Eastbluff Park. He reported that, in 1987, Mr. Perrara of The Irvine Company indicated that the installation of Bison was against the original plan and would cause disunity within the community. Marilyn Matthews, 1981 Vista Caudal, speaking in opposition to the configuration, believed that future traffic on Jamboree will cause a lot of problems for residents when the new building at Fashion Island is completed. She stated that the testimony sounds like children's safety is an exclusive problem for only the Eastbluff residents. She emphasized that the Bluffs is no longer a retirement community and that there are a lot of young families living there. William Green, 2912 Alta Vista Drive, speaking in support of the configuration, stated that the objections only discuss the inconveniences involved with driving to the post office and believed that the Eastbluff residents are also suffering from that inconvenience. He indicated that he could live with the inconvenience and hoped that, everyone else could, too. Dr. Harry Hamilton, 500 Avenida Lorenzo, speaking in opposition to the configuration, stated that the only people who are concerned about this are the residents from the Bluffs, not Bonita Canyon residents or outsiders, and that time restraints already exist on Eastbluff. He believed that a civil compromise would be to allow them to exit during peak hours while entering traffic is blocked. Dr. Hamilton also recommended installing speed bumps. James Parker, P.O. Box 9107, speaking in support of the configuration, stated that, even though his house is on a quiet street, he drives to the post office a few times a day and that it only takes a couple of minutes each way. He indicated that the drive is not an inconvenience but noted that he would still drive it even if it were. He disagreed that the configuration privatizes the street, noting that there are signs throughout the City that prohibit all types of turns. Joe Nezda, speaking in opposition to the configuration, stated that this is not a question of safety but one of principal because the Eastbluff residents want the benefits of a private street, at the public's expense. Dan McNerney, 2443 Bamboo Street, speaking in support of the configuration, stated that, since the enactment of the changes, Eastbluff no longer has people racing to drive up and down the hills, and no longer has a six lane boulevard feeding into a two lane, 25 mph residential neighborhood. He stated that the trial basis has been in effect for 1.5 years and that the changes work. He added that children are now able to play in their front yards and ride their bicycles on the street. Kathleen McCullen, 504 Avenido Lucia, speaking in opposition to the configuration, stated that there has always been a lot of traffic on Jamboree. • She noted that Eastbluff previously wanted to put gates around the neighborhood to make it more exclusive, but that this turned out to be too costly. She expressed the opinion that making the configuration permanent is a way for the taxpayers to pay for their private community. Volume 52 - Page 628 INDEX City of Newport Beach City Council Minutes July 26, 1999 I-OLIP-11 � Volume 52 - Page 629 Barry Eaton, 727 Bellis Street, speaking in support of the configuration, stated that there was an agreement between the associations regarding the modifications around the high school and the project at Ford and Jamboree, but there was never an agreement to limit the Bison modification to certain hours of the day. He indicated that they wrote a letter following the calculations they conducted at 15- minute intervals that indicated that the peak hours of the day represented only 23 percent of the through traffic. He believed that this is not just a high school problem and that enforcing time limits would be difficult. He believed that the current configuration and the City project in the area will also enhance Ford and Jamboree. Mr. Eaton assured that the handout that Ms. North received was not distributed by the Eastbluff Homeowners Association, but by a member. Regarding the high school traffic greatly increasing traffic on Vista del Oro, he stated that a traffic count was conducted and confirmed that traffic does increase when school is in session. Mr. Eaton emphasized that Eastbluff is not trying to privatize the streets since they are all open and added that there still is some significant through traffic in Eastbluff but at a much reduced level. He stated that it is true that they thought about gating the community as a solution but the membership did not approve it. He indicated that they proposed this compromise as a way to keep the streets public and alleviate as much of the through traffic as possible. Jim Petrilli, 2501 Bamboo Street, speaking in support of the configuration, stated that he moved into the neighborhood before the Newport North Shopping Center was built and that there was much less traffic on the street at that time. He is concerned for the safety of his children, noting that he stopped allowing them to play in the front yard as the traffic increased unless there was adult supervision. However, he has now allowed them to play outside since the configuration was enacted. Michael Bigi, 2639 Blackthorn, speaking in support of the configuration, stated that this process began in the 1970's, but that the Ford/Loral development brought this to a head for the residents. He stated that representatives of Eastbluff have been before the Planning Commission and the City Council to point out that Eastbluff is in the middle of shopping areas. He noted that Council asked them to figure out what they wanted and that the configuration has proven to be the effective solution. He compared the number of residential trips to the actual trips and determined that about 43 percent of the traffic prior to the changes was from non - resident traffic. He expressed the opinion that this is too high for a residential community and added that traffic decreased 14 percent after the changes were enacted. Barbara Quist, 2957 Catalpa Street, speaking in support of the configuration, reiterated that Eastbluff is a residential neighborhood with an arterial intersection coming into the neighborhood. She expressed the opinion that this is not the homeowners' problem but the City's problem and that the City should take care of it because Eastbluff did not create the arterial highway into the neighborhood. Cork Levinson, 400 Carlotta, speaking in opposition to the configuration, pointed out that the remaining 77 percent of the traffic that does not happen Volume 52 - Page 629 City of Newport Beach City Council Minutes July 26, 1999 during peak times occurs in the remaining eight hours of the day. He indicated that Council has to be concerned with the health, safety, and welfare of the citizens and with their quality of life, but believed that this configuration just improves the quality of life for only a few people. Barbara North, 901 Chestnut Place, speaking in opposition to the configuration, presented Council with a letter from a merchant. She stated that she has another letter but cannot present it to Council because it is unsigned. She explained that the person asked her to write the letter but was afraid to sign it because he heard that his store would be boycotted by Eastbluff residents if he speaks against the current configuration. Mayor O'Neil explained-that the letter would become public record if it is given to Council. Bob Wolf, 601 Vista Bonita, speaking in opposition to the configuration, believed that, if a skateboard was run over in the street, it would probably be caused by a neighbor since 213 of the traffic: these days is generated internally. He expressed the opinion that the City is going to experience traffic jams at Jamboree and Ford if the only solution to the traffic caused by the Bonita Canyon and Pacific Bay developments is to utilize Jamboree and Ford. Paul Fagan, 900 Chestnut Place, speaking in opposition to the configuration, stated that the residents who are hoping to mitigate the configuration are not suggesting that the access from Jamboree be reopened in its previous condition. He believed that there is no reason for individuals who do not live in Eastbluff to enter that neighborhood. He proposed that traffic be allowed to cross Bison but restrict the egress from Eastbluff as it approaches Jamboree. He urged Council to consider this since only one traffic pattern has been considered. He added that the current configuration also makes following directions very confusing for their guests. Dr. Harry Hamilton, 500 Avenida Lorenzo, speaking in opposition to the configuration, concurred with Mr. Fagan's contention that there is very little cross- Jamboree traffic. He stated that they are Looking for a way to end the divisiveness and added that no one wants to subject Eastbluff to speeding vehicles or enormous amounts of traffic. However, he asked why so many other people should be inconvenienced by being prohibited to use the streets. He took issue with the City's travel time calculations and believed that the City should block traffic only when it is heavy. Motion by Council Member Adams to determine that the trial operational configuration is appropriate and directed staff to prepare plans for making the trial changes permanent. Council Member Adams reported that he spent a lot of time investigating this issue, has met with representatives from both positions, and tried to come to the fairest conclusion. He indicated that his conclusion did not have much to do with most of the issues discussed tonight but with the fact that Eastbluff streets are designated as residential streets, not collector streets or arterial streets. He pointed out that, as far as he knows, there is no other residential street in the City that suffers from significant pass- through traffic. He reported that Hazel Drive, in Corona del Mar, was similar but the City remedied that problem. He expressed the opinion that the trial Volume 52 - Page 630 INDEX City of Newport Beach City Council Minutes July 26, 1999 INDEX configuration demonstrated that Eastbluff had similar traffic problems and that the configuration was a solution to the misuse of the streets. Regarding the inconvenience, Council Member Adams indicated that there are going to be inconveniences for both neighborhoods. He believed that the statement that there is very little cross traffic on Jamboree is untrue, adding that the cross traffic would be far greater than in the past with the onramp to the corridor, the extension of Bison to the University, and the opening of the One Ford Road project. Regarding the remarks that Eastbluff would be receiving privatized streets at no cost, he agreed with Mr. Eaton's statements that the streets are not being closed and are open to the public. He further emphasized that the developer who built the Eastbluff development, not the public, paid for and built the streets, and that the cost was built into the homeowners' price. Council Member Adams stated that there is concern that the two main intersections that provide access to Eastbluff Drive are unsafe and have higher speeds at the approaches. He indicated that the speed studies and accident studies do not support this concern and indicated that he was told by the Engineering Department that the speeds approaching those two intersections are not significantly different than the average speeds that approach the Bison intersections. Regarding the speeding at Vista del Ono, he believed that the City should look into this and that the Police Department needs to be informed of the problem. Council Member Adams apologized for the amount of time it has taken to get to this point, explaining that the Council prior to the election did not take up the issue, that he only started looking at this in early January, that new traffic counts were needed, and that some of the delay was due to his schedule. Council Member Adams stated that he views the motion as a compromise, expressing the opinion that the right thing to do might be to completely close the access. He reported that the configuration does keep the streets open and only restricts 3 of the 12 movements at the intersection. He added that the medians discussed by Mr. Edmonston will also provide increased landscaping on Jamboree that could be an asset to the City. Noting that there are mitigation funds available to implement the improvements but that the amount may fall short of the total cost, Council Member Adams suggested that the Eastbluff community contribute the remaining costs. Council Member Glover requested and received clarification that children from outside of the Eastbluff community will be attending the Eastbluff Elementary School when it reopens. Council Member Adams clarified that there have always been children from outside of Eastbluff going to the elementary school when it was a private school. Council Member Noyes stated that he is going to support the motion. He indicated that he attended many of the meetings over the past years and knows all the data, and believed that sometimes one has to do what they feel is the right thing to do. The motion unanimously carried by the following roll call vote: Volume 52 - Page 631 City of Newport Beach City Council Minutes July 26, 1999 INDEX Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: None CURRENT BUSINESS 20. PROPOSED NAMES FOR NEW COMMUNITY PARK. Naming of Community Motion by Council Member Noyes to name the new City park (which lies Park southerly of Bonita Canyon Road, easterly of MacArthur Boulevard) Bonita (62) Canyon Park. Mayor Pro Tem Thomson requested that the motion be amended to name the park the Bonita Canyon Sports Park because it is more than just a park and the inclusion of the word "sports" would further distinguish the park from the Bonita Creek Park. Council Member Noyes accepted the amendment to the motion. Council Member Adams expressed the opinion that the City should get away from using the word "Bonita" since the Bonita Creek Park already exists and the proposed name may be confusing. Council Member Ridgeway expressed the opinion that the word "sports" is misleading and expressed concern that this would add a component that would make the park more than a community park. Ron Hendrickson, Harbor View Homes, presented Council with a letter from the Newport Hills Community Association. He stated that the board unanimously recommends that either Buffalo Canyon Park or Bonita Canyon Park be utilized as the new name for the park. Additionally, the board expressed concern with using the term "sports park" because it would mean something more to outsiders than just being a normal park and would become a popular attraction that the neighborhood does not need. Council Member Ridgeway reiterated his concern with using the word "sports" in the name. He expressed the opinion that Bonita Canyon Park is an adequate name, the community knows what is available at the park, and "sports" does not add anything to the park. The amended motion carried by the following roll call vote: Ayes: Glover, Thomson, Debay, Noyes, Mayor O'Neil Noes: Adams, Ridgeway Abstain: None Absent: None 21. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES — League of LEAGUE ANNUAL CONFERENCE — OCTOBER 10-12,1999 IN SAN California Cities JOSE. Annual Conference Without objection, Mayor O'Neil designated himself as the City's Voting (61) Delegate for the Conference and Council Member Debay as the Voting Alternate. Volume 62 - Page 632 City of Newport Beach City Council Minutes July 26, 1999 INDEX Mayor O'Neil announced that Council Member Debay will be sworn in as the new President of the Orange County Division of the League of California Cities at the Conference. MOTION FOR RECONSIDERATION 22. BEACH VOLLEYBALL. Beach Volleyball (62) Lave Visten, 126 25th Street, stated that he circulated a petition after the July 4th weekend that was signed by 25 residents of the area. He indicated that the residents are concerned with the safety involved with having a volleyball court at the end of the street. He indicated that it is about 25 feet from the boardwalk to the sand, 15 yards from the walkway to the edge of the volleyball court, 15 to 20 yards from the end of the volleyball court, and that the area is congested by people who park at the 25th Street lot. He expressed the opinion that the volleyball court poses a hazard, residents cannot get to the beach without crossing through the volleyball court, and it puts the City at jeopardy because of the safety issues. He hoped that Council reconsiders placing the volleyball court at the end of a street that has such a narrow stretch of sand. Ron Storf, 120 25th Street, believed that there is limited beach real estate in front of 25th Street. He wondered how the volleyball court ended up in front of their street and felt it was probably because no one from 25th Street complained about it until now. Joe Deledonne, 2506 West Oceanfront, expressed his objection to installing a volleyball court at 25th Street because he feels it is a hazard and that the beach is as narrow as the beach at 24th and 261h Streets. He believed that the City is in jeopardy of a potential lawsuit because the volleyballs fly everywhere. Randy Beck, 2602 West Oceanfront, believed that 24th, 25th, and 26th Streets are probably the narrowest part of the beach. He stated that the boardwalk traffic has been much better since the volleyball court was eliminated from the area and that the courts down the beach have easier access. He expressed the opinion that the 28th Street volleyball court is the best place to keep it, has been there for years, and no one has ever been opposed to it. L. A. Chapman, 116 26th Street, stated that all the families from the parking lot enter the beach via 26th Street which is very narrow. He believed that placing a volleyball court at 26th or 25th Streets would be a hazard. He indicated that he sat with his ocean front neighbors and was amazed at what they had to go through. He stated that he probably signed the petition to keep the courts on the beach but is now opposed to it. He expressed support of recommendation "f' which eliminates all previously authorized volleyball courts up to, but not including, the 28th Street court, and modifies Resolution No. 92 -93 to include these amendments. In response to Council Member Glover's question, Community Services Director Kienitz reported that there are about 67 to 69 authorized volleyball courts on the entire beach. She noted that an analysis is included in the staff report that compares the courts at 25th, 26th, and 28th Streets. Volume 52 - Page 633 0 0 City of Newport Beach City Council Minutes July 26, 1999 Joel Faucetta, 2402 West Oceanfront, stated that he was initially supportive of installing volleyball courts but, as time passed, he indicated that it is now a different story for those that live there and have to deal with it. He suggested designating an area on the beach for volleyball and indicated that the Cities of Hermosa Beach, Manhattan Beach, Huntington Beach, Seal Beach, and Laguna Beach have them. He pointed out that City adopted black balling surfing, prohibiting skateboarding, and establishing a speed limit on the boardwalk for safety reasons. He stated that the volleyball court has not been there for a few weeks and the area is a lot quieter. He also supports recommendation "f." Grant Dietz, 118 24th Street, stated that he does not doubt that it is an inconvenience for those living on the ocean front but also noted that the area has had a few problems with the courts being cut down. He indicated that the Parks, Beaches, and Recreation Commission (PB &R) studied the allegations about the volleyball players and concluded that no danger or risk issue exists, and noted that there is only about 16 hours a week of volleyball being played. Todd Swanson, 1048 Irvine Avenue, No. 474, pointed out that the staff report indicates that there are no police reports or substantiation for any of the allegations that are being brought forward against the volleyball players. Council Member Ridgeway expressed the opinion that the information that PB &R received was a bit different at that point in time and reported that he has heard that accidents and disrespect have occurred. He believed that volleyball is a good, wholesome sport and that he received a number of letters to that effect. He stated that the area at 24th, 25th, and 26th Streets is narrow and that he personally observed the displacement of beachgoers. Motion by Council Member Ridgeway to adopt Resolution No. 99-55 amending Resolution No. 92 -93 to eliminate all previously authorized volleyball courts up to, but not including, the 28th Street court. Council Member Ridgeway expressed the opinion that there is a better recreational opportunity and a better safety element at 28th Street for both the beachgoers and volleyball players. Council Member Glover stated that she will support the motion, but reminded the residents that they are privileged to be living on ocean front property. She hoped that the residents realize that the beach is for everyone, they need to share it, and they should also respect those who visit it. She emphasized that she is supporting the motion because of the width of the beach. Council Member Debay stated she has talked with members from both sides of the issue. She expressed her disappointment that someone cut down the volleyball court that the City spent time, effort, and money into installing. She noted that the staff report indicates that the width of the beach was wider at 28th Street and that no complaints have been received about that court. She reported that she received between 10 to 20 emails from the volleyball players and noted that they have been given so many "bones" to abide by and received a unanimous vote from PB &R to keep the volleyball Volume 52 - Page 634 INDEX City of Newport Beach City Council Minutes July 26, 1999 1 4►, court at 24th Street. Council Member Debay stated that the residents should not think of the volleyball players as outsiders that do not belong on City beaches, pointing out that a majority of the people she has heard from have been residents for at least 10 years. She stated that she will be asking PB &R to see if a tandem court can be placed at 28th Street. She indicated that she and her family played volleyball and expressed the opinion that it is a wonderful activity. She agreed with Council Member Glover's statements regarding ocean front living being a privilege, but indicated that she will le supporting the motion. Council Member Noyes asked if the motion should include that the City replace the courts that are being removed and suggested relocating them to 15th Street near the restrooms. Robert Edmiston, 126 25th Street, indicated that he biked near 15th Street over the weekend and reported that there are two courts that are about 100 yards from the boardwalk, beyond the public restrooms, between 15th and 16th Streets. He added that both courts, as well as many others on the beach, were vacant. He expressed the opinion that the volleyball players seem to like to play in congested areas where they can be watched. Council Member Ridgeway indicated that he does not wish to amend his motion because the issue right now deals with the area near the pier. The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Noes: None Abstain: None Absent: None ADJOURNMENT — 11:15 p.m. The agenda for the Regular Meeting was posted on July 21, 1999, at 2:40 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 635