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HomeMy WebLinkAbout01 - 04-24-2001May 8, 2001 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session April 24, 2001- 4:05 p.m. 1?AP INDEX ROLL CALL Present: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Absent: None CURRENT BUSINESS CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Regarding Item 5 (Animal Shelter Contract Renewal), City Manager Bludau explained for Mayor Adams that the City will submit a claim to the State for the cost of any mandates that are placed on the City's animal control due to State legislature. Captain Henisey stated that the claim could be a significant amount, but is dependent on the State and how much they recognize as being part of their mandated legislature. He added that a substantial portion is for spay /neuter costs which are included in Senate Bill 1785 and could exceed $10,000 a year. In response to Council Member Proctor's questions, Captain Henisey reported that the shelter exceeded State minimum operating hours even before the passage of SB 1785. However, due to the passage of SB 1785, it was necessary to identify what times the animal shelter would be open since Dr. Bauersfeld of Dover Shores Pet Care Center has the veterinary facility open longer than the shelter. He indicated that the City wants to ensure that the shelter hours coincide with Dr. Bauersfeld's hours and that there would be staffing available to respond to public questions. He reported that the primary cost increases are due to the shelter providing a Shelter Coordinator that is specifically designated for the City and to spay /neuter all animals that are adopted from the shelter. In response to Council questions regarding Item 14 (Cooperative Agreement with Hoag Hospital), Public Works Director Webb stated that the cost estimate for the improvements was initially about $175,000. He clarified that the City will not be providing any out -of- pocket money since $200,000 will be coming from the bond deal and the balance will be coming out of the hospital's Fair Share Fees. He reported that there are a series of projects that could be done with the $200,000; however, the proposed improvement will provide additional capacity at the intersection to accommodate the increase in traffic at the hospital area. He indicated that, to the best of his knowledge, no one has come forward with other projects that would provide the same benefit to the area. He confirmed that the previous Council confirmed the $200,000 bond deal. City Manager Bludau added that Council, as the City's financing agency, can sell bonds in a non - profit status. He reported that the hospital requested that Council sell the bonds for them Volume 54 - Page 208 City of Newport Beach Study Session Minutes April 24, 2001 and that the City's fee to do this was $200,000. He indicated that the fee has historically been used to purchase safety equipment for the Fire Department and that the proposed improvement has been on the City's plan for a number of years since the right -hand turn lane was needed. Council Member Glover asked if there was a way to enter into an agreement which gives the City's citizens priority for emergency room services since the City assisted the hospital with its bonds. She expressed the opinion that this should be a future agenda item, especially because of the impact the hospital will have on Newport Heights and Cliff Haven. In response to Mayor Adams' questions regarding Item 15 (Lower Newport Bay Eelgrass Restoration Project), Harbor Resources Division Manager Melum reported that the Project Cooperation Agreement is in its final form and the Safe Harbor Agreement is out to the Department of Fish and Game, National Marine Fisheries, and State Fish and Wildlife who currently agree to it in principal. Mr. Melum stated that, even though there is a time concern with regard to getting the Federal government started on the project, the final Safe Harbor Agreement could still be brought back to Council for review. Mayor Adams requested that this language be added to the recommendation without pulling the item tonight. Council Member Proctor announced that he will be requesting that Item 17 (EQAC Appointments) be continued to the next meeting; Council Member Bromberg announced that he will be pulling Item 3 (EDC Accomplishments); and Mr. Bludau announced that staff will be requesting that Items 3 and 10 (Balboa Village Project Update and Contract Amendment) be continued. 2. HOAG HOSPITAL PRESENTATION. City Manager Bludau stated that this item is before Council today because there was discussion at the last Council meeting about this by a member of the public. He stated that he requested that Hoag Hospital provide Council with a presentation about their long -range expansion plans and what it would do to accommodate a larger segment of the region. Peter Foulke, Hoag Hospital Executive Vice President, utilized a PowerPoint presentation to outline the current projects. He indicated that, following the 1994 Northridge earthquake, new seismic standards were established and reported that Senate Bill 1953 requires all California hospitals to bring their buildings up to code by 2008 and meet a higher standard by 2030. He reported that seismic rules encourage that buildings be box - shaped; however, they did take the local elements, such as views and buffer zones, into consideration. He added that all columns will be built on base - isolators so that they slide and absorb the shock and ground movement that would otherwise go through the building. He indicated that, in 1993, the 25 -year development agreement with the City was approved which allows the hospital a certain number of square feet, and establishes height limitations, floor area ratios, and setbacks. Mr. Foulke reviewed the current construction plans which include the cafe building and the women's pavilion which will house a lab, women's out- Volume 54 - Page 209 INDEX No report. City of Newport Beach Study Session Minutes April 24, 2001 X11 D/. patient services, ambulatory procedure center, nursing and short -stay unit, labor delivery, neonatal and postpartum unit, postpartum and nursery unit, and a mechanical floor. He stated that patient care is their first priority and that the proposed design involved a lot of input from various sources. He indicated that the City did not review this plan since the State reviews all patient -care projects. He stated that, although the new building is eight - stories tall it is close in height to the existing 10 -story building because of the floor -to- ceiling ratio. He confirmed that the net patient bed count will be increased by 80 beds and emphasized that, although the building encompasses a lot of square feet, it is absorbing other hospital services through expansion or building replacements. Mr. Foulke stated that current plans do not expand the emergency room since it was doubled a few years ago and confirmed that they sometimes do not have a place to put patients once they arrive at the emergency room because all the beds full. He indicated that the extra 80 beds will help with this problem. He also reported that they are considering constructing a generation plant to create enough electricity to support the hospital during the energy crisis and confirmed that the hospital is exempt from rolling blackouts but may lose its current interruptible source rating. Mr. Foulke confirmed for Council Member Proctor that the construction equipment at the corner of Coast Highway and Superior does not belong to Hoag Hospital. Public Works Director Webb added that this storage yard is leased by CalTrans to Arizona Pipeline who is the contractor for the undergrounding on Little Balboa Island. Mr. Foulke emphasized that the hospital cannot legally give emergency service priority to anyone since they are a community service. He explained that closing the emergency room actually means that paramedic runs are diverted to another hospital and noted that ambulance deliveries are only a small percentage of how people get to the emergency room. He indicated that diversion helps balance resources and critical care beds in the area. Dolores Otting, Newport Beach resident, asked where the ambulances go when Hoag is closed. She stated that, when people are diverted to other hospitals, their doctors do not follow them and emphasized that people want to go where their doctor knows their history. Regarding Item 14 (Hoag Hospital Cooperative Agreement), she asked about the City's level of indebtedness and if other cities are giving bonds to Hoag Hospital. Fire Chief Riley stated that emergency room diversion is not unique to Hoag Hospital or the City, and is a national problem. He reported that he and Emergency Services Manager Cleary met today with the President of Hoag, the Head of Nursing, and the Medical Director to express how this impacts the City's Emergency Medical Services (EMS) and its ability to provide a level of care. He added that they also discussed looking at opportunities to aggressively treat and release in the field, or refer patients to alternate locations. He emphasized that, when they have to travel away from the City, they are out of service for a longer period of time which limits their availability for other calls. He emphasized that the City does have a quality EMS program that is allowed to stabilize patients in the field and take people to other hospitals when Hoag is closed due to diversion. He pointed Volume 54- Page 210 City of Newport Beach Study Session Minutes April 24, 2001 out that people are only diverted if they are well enough to go to another hospital, otherwise they will go to the closest hospital regardless of their diversion status. He stated that the Orange County Emergency Medical Services Agency is collecting data about the times that diversions occur, which hospitals are being diverted, and what the potential impacts will be to the area. He indicated that, once research is completed, they will be coming back to Council with a report. He clarified that, once someone walks across the threshold of an emergency room door, they cannot be turned away. He emphasized that diversion is strictly for ambulance- transported patients and stated that the policy for diversion is that the ambulance will go to the closest receiving center that is capable of handling the patient and is open for business. Mr. Foulke added that a receiving hospital would most likely say that Hoag is "dumping" a patient if the emergency room provided a patient who just did not want to wait in the emergency room any longer with information on which alternate location was open. He indicated that State anti - dumping legislation imposes severe penalties and that the law was designed to protect receiving hospitals from getting a patient who cannot pay its bill. 3. PROPOSED NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) STANDARD 1710 — STANDARD ON ORGANIZATION AND DEPLOYMENT FOR CAREER FIRE DEPARTMENTS. Fire Chief Riley reported that the National Fire Protection Association (NFPA) was founded to propagate safe fire practices based on scientific research and establishes training and education programs based on the research. Further, they have produced over 300 codes and standards that are accepted Statewide. He pointed out that NFPA 1720 deals with volunteer fire departments versus NFPA 1710 which deals with career fire departments. He questioned why there would be different standards regardless if it was a volunteer fire department. He reviewed the process that the standards have undergone and reported that members of the NFPA will be voting on the draft at its May 16 annual meeting. He stated that the vote is an advisory vote and that the Standards Council, who is appointed by the NFPA Board of Directors, will make a final determination on whether the standards should be adopted, rejected, or amended. Chief Riley reported that NFPA 1710 suggests that fire engines and fire trucks have a minimum staffing of no less than four people per engine but can go as high as five or six based on the types of hazards in the community. He indicated that the City currently has a minimum staffing of three people per fire engine and four per fire truck. He added that they also utilize the fourth person from each of the fire trucks to create a third transport unit. Regarding the requirement that a minimum of two Emergency Medical Technicians (EMT) be on a basic life support unit, he reported that all of the City's fire engines and trucks are considered basic life support units and all personnel on the units are EMT trained. He stated that the City already meets the third NFPA 1710 standard which requires two paramedics on each advanced life support unit. Further, the requirement to have a rapid intervention team which supports and rescues individuals who interiorly attack a fire at all incidents is currently the City's practice. He reported that NFPA 1710 requires a travel response time of four minutes for the first Volume 54 - Page 211 51� NFPA Standard 1710 (41) City of Newport Beach Study Session Minutes April 24, 2001 INDEX arriving fire unit or EMT, and eight minutes for the arrival of all necessary personnel to contain a fire. He indicated that they do not currently have statistics that show that the City has this type of response time, but the City does have a goal to meet the four minute travel time for basic emergency medical service. Chief Riley noted that one of the principal items on the next budget is to upgrade the data system which tracks response times. Regarding the requirement that the City have the capability to establish instant command, water supply, attack lines, back -up lines, search and rescue teams, ventilation teams, and rapid intervention teams at all structure fires, Chief Riley stated that the current policy is designed to assess this and determine if there is appropriate staff responding to incidents. He indicated that they do not have the statistics to show if the City is meeting that requirement. He added that they most likely meet the minimum requirements relative to health, safety, incident management, training, communications, and pre- incident planning. He stated that there is also a requirement that the fire department annually report its response capabilities and the consequences of not meeting the specified deployment criteria. Chief Riley stated that proponents of NFPA 1710 believe that minimum staffing response times are necessary to ensure that the public is being protected safely and that this needs to be established on a national level. Additionally, they suggest that there has to be a minimum level of staffing to ensure firefighter safety and that the standard is necessary to provide citizens with a recognized national benchmark so they can determine whether they are getting the level of service they desire in their communities. However, the National League of Cities, the California League of Cities, and the U.S. Mayor Congress feel that level of service should be a local control issue and not be dictated by a single national standard. He reported that opponents of the standard also believe that a standard model of deployment ignores the use of objective criteria -based local assessment. He indicated that they are doing a study established by the Commission on Fire Accreditation International which looks at risks, history, and standards, and identifies whether the appropriate level of protection is being provided. Chief Riley stated that the labor groups are supportive of NFPA 1710 because it provides a standard for firefighter safety. He added that some fire chiefs also feel this is a great idea because it is about time that their profession set a minimum standard that can be utilized during fire protection discussions with councils or commissions. However, there are fire chiefs and organizations that feel they should be allowed to evaluate risks, present that information, and let the councils or commissions make determinations. He stated that some of the issues of firefighter safety that NFPA 1710 is designed to resolve are already resolved through other requirements. He added that, if NFPA 1710 was implemented, there would be about an 11% increase to the cost of career fire departments across the nation. Chief Riley stated that he is a member of NFPA and will be attending the May 16 meeting to vote against NFPA 1710 because he feels it is inappropriate for a national organization to dictate local service levels. He added that NFPA 1710 would only become a recommended standard if Volume 54 - Page 212 City of Newport Beach Study Session Minutes April 24, 2001 INDEX adopted and not a Federal or State mandate. In response to Mayor Pro Tern Ridgeway's question, Chief Riley clarified that, prior to NFPA 1710, the only recognized means of determining appropriate staffing levels was through the accreditation system which is what the City uses and that the system will probably not be compromised if a national standard is adopted. He believed that some people will use NFPA 1710, while others will use the accreditation system as a professionally developed scientific method for determining levels of service. He added that there may be a third option, reporting that some California fire service organizations are suggesting that a California standard be developed which mimics the accreditation system. Chief Riley stated that the risk assessment is almost complete and added that they still need to do the station location module which looks at how the City is covering its risks with the existing stations and also looks at potential alternatives. Mayor Adams stated that he is supportive of Chief Riley's position and is pleased to see that the City already follows most of the NFPA 1710 guidelines. Mayor Pro Tern Ridgeway emphasized that local control is important and indicated that he is not sure how a national standard could assess any unique conditions that exist in the City. He noted that there is not overwhelming support for this, pointing out that the Board of Directors of the Association of Fire Chiefs voted 5 to 4 to support NFPA 1710. He also expressed the opinion that NFPA 1710 is irresponsible especially since it could add an 11% increase in costs to all career fire departments in the nation. City Manager Bludau pointed out that the City's Fire Association may go public and state that the City is not meeting the national standards if NFPA 1710 passes. Rich Thomas, representing the Newport Beach Firefighters Association, complimented Chief Riley on being objective in the staff report and reported that he will also be attending the NFPA meeting but will be voting for the passage of NFPA 1710. He stated that they believe that the standard will not subject the City to liability because it is a standard and not a law. He explained that NFPA 1710 sets an industry standard that never existed before and believed that the staffing levels are based on scientific data. He confirmed that the engines are staffed with three people; however, they end up with all but one of the recommended positions at the scene of a basic structure fire. He believed that the City does not meet the fourth person standard on the fire trucks since the paramedics are not with the truck at all times. He added that, when the trucks are called out of the City, the paramedic units do not follow them to the location. He stated that there is consequently three people on the fire trucks and that the Association feels this is unsafe. He indicated that the Association is happy that this standard addresses paid professional firefighters and gives them a tool to educate the public on what they do and what is needed. Noting that building materials have been upgraded to be more fireproof, Council Member Glover asked how this fits into the model of needing more or less firefighters. Mr. Thomas believed that the fire protection systems Volume 54 - Page 213 City of Newport Beach Study Session Minutes April 24, 2001 have been upgraded, not necessarily the building materials, and that the City has high life hazard areas/buildings that are not well protected with a good fire protection system. Mayor Pro Tem Ridgeway asked if Mr. Thomas is part of the self - assessment system. Chief Riley stated that the City has never undergone a self - assessment until now. He reported that they are in the process of collecting data and that internal reviews will take place after that. Mayor Pro Tem Ridgeway expressed concern that Mr. Thomas' vote will cancel out the Chiefs vote and believed that, if the self- assessment was already complete, the results may prove to the Association that the City has adequate standards and they may not need to counter the Chiefs vote. Mayor Adams emphasized that the issue today is the potential for a national standard and not the City's level of staffing. Mr. Thomas assured everyone that the Fire Department does an excellent job and apologized if his statements sounded contrary to this. 4. NEWPORT BAY AND WATER QUALITY PRESENTATION. Assistant City Manager Kiff stated that the goals for Newport Bay are to clean the water, manage the sediment, protect the habitat, and protect a diversity of uses. He explained that State law says that water is clean when weekly bacterial tests are below State standards for indicator bacteria (enterococcus, fecal coliform, and total coliform). He added that indicator bacteria makes humans sick and that the weekly tests do not look for viruses or other toxic materials. He stated that the Arches/Marina area, 33rd Street, 43rd Street, and the eastern side of Newport Dunes are chronic posting areas for high bacteria levels. Mr. Kiff reported that, of the nine Total Maximum Daily Loads (TMDLs) in California, the City has four of them in Newport Bay (nutrients, sediment, fecal coliform, and toxics). He reviewed the attainment dates for the TMDLs, but noted that the City is nowhere near meeting the fecal coliform date of 2014. He added that Assembly Bill 411 requires that the County test for fecal coliform and sets a standard for posting beaches as being unsafe for swimming. He noted that there may someday be 800 TMDLs in the State for over 1,400 impairments. Mr. Kiff stated that the City's water education programs include the Muth Center in Upper Newport Bay; the Marine Study Center (MSC) at Shellmaker Island; and the City - sponsored Partnership for Clean Water Program. He reported that the studies that have taken place or will be underway include finding the source of the bacteria in West Newport; a Health Risk Assessment which will determine how long a virus lives as it goes from the San Diego Creek to the Bay; an Enteric Virus Study to look for viruses; a Swimmer Contribution Study which determines what extent swimmers contribute to the fecal coliform problem; a Vessel Waste Study to determine if vessels are contributing to the fecal coliform problem by violating the no- discharge requirement; a Bioassay Test to free up the City's general dredging permit; and a Toxics TMDL Compliance test. He stated that the capital improvement projects in the Bay include the diversion of storm water runoff and dry weather runoff from the Dunes and the placement of catch basin filters around 32nd and 33rd Streets to catch trash and other debris before it gets into the Bay. Mr. Kiff reported that habitat Volume 54 - Page 214 INDEX Bay and Water Quality (51) City of Newport Beach Study Session Minutes April 24, 2001 INDEX protection efforts irtclude the dredging project; an integrated restoration project in the Bay; a watershed study to keep sediment out of the Bay; the CoastKeeper Kelp Project and Caulerpa (killer algae) Mapping; the Buck Gully Project to clean the water and repair the habitat; Eelgrass Banking; and the Irvine Ranch Water District's (IRWD) Water Quality Wetlands Project. He added that the Harbor Element is underway, the pump -out stations are being upgraded with grant money, and the City undergoes sand replenishment annually. Mr. Kiff further explained that the Capacity, Management, Operations, and Maintenance (CMOM) regulation sets a goal of no sewage spills; the National Pollutant Discharge Elimination System (NPDES) is how the City governs its municipal operations in terms of controlling runoff from developments, educating people about keeping trash out of the Bay, and stenciling storm drains; and the Grease Interceptor Program (GRIP) helps restaurants help the City to comply with CMOM. Regarding the funding for the large dredging project, Mr. Kiff reported that half of the State's share was approved in the Governor's budget last year and the other half is in the budget this year. He indicated that he is confident that Congressmen Cox and Rohrabacher are aware of this issue and will help keep the money in the budget. Regarding the Marine Studies Center, Mr. Kiff stated that the facility will house the County's new water quality testing lab which will enable the County to do more testing in the City, the tidepool exhibits and classrooms, the Department of Fish and Game, and the UCI Crew Base. He added that the County has asked that they be permitted to bring their lab over earlier. Mr. Kiff referenced the Water Quality Study Inventory included in the staff report and reported that the City received notice that it will be receiving $400,000 to complete the swimmer contribution study and the bacteria counts in West Newport. Mr. Kiff stated that the major challenges include getting the large dredging job done and securing the money for the project; reducing or eliminating urban runoff; educating residents, businesses, and upstream cities about water quality; improving the NPDES activities; stopping long -term postings, especially in West Newport; protecting the mix of uses in the Harbor; and ending sewage spills. In response to Mayor Adams' questions, Mr. Kiff stated that the Regional Board, in association with the United Stated Environmental Protection Agency, has said that nutrients and sediment should be cut in half. However, the challenge for the City lies with the fecal coliform TMDL since the City has about 2,200 catch basins and more than 600 storm drain pipes that drain into the Bay. He indicated that the Regional Board staff has been good about helping the City get the money to test for problems and to address any problems. Additionally, they indicated that they will consider modifying the TMDL if science and technology improves. Mr. Kiff reported that the TMDL baselines have been established for sediment and nutrients. Council Member Glover noted that this has always been in the Clean Water Act and that TMDLs came about because of a lawsuit from Defend the Bay. Volume 54 - Page 215 City of Newport Beach Study Session Minutes April 24, 2001 Q I0 In response to Council Member Heffernan's questions, Mr. Kiff stated that Dana Point had a presentation last week on how they retrofitted all of their catch basins with filters. He indicated that the filters work for trash; however, they do not work as well for oil and do not work at all for bacteria. He indicated that the City is using the filters at a couple of locations. City Manager Bludau indicated that the City has a Master Sewer Plan, checks the sewer lines every two years, and has an ongoing replacement program. He added that the City is in good shape compared to other cities. Council Member Bromberg asked if the City has looked into pinpointing violators of urban runoff. Mr. Kiff stated that the regulatory environment has been generally focusing on any entity that violates its permit to discharge waste. He noted that identifying urban runoff and specific sources of bacteria are difficult to pinpoint; however, some of the studies that will take place this summer will help them get closer. He reported that cities will soon be under a new five -year permit that requires more education and enforcement, but will involve a significant amount of time to pursue. He emphasized that this permit will put more onus on the inland cities to do more. Mayor Pro Tem Ridgeway believed that the watershed cities are further along in the education process because of the contamination and pollution they have experienced. He added that the newspapers have not reported Huntington Beach's contamination issues correctly, reporting that it is suspected that the Sanitation District's outfall is ending up at the beaches in Huntington Beach. He stated that this will be studied extensively this summer and that Mr. Kiff will be coming back with a report on this issue. In response to Council Member Proctor's questions regarding the bacteria count in West Newport, Mr. Kiff reported that they do not believe the source of the problem comes from humans since they did not find any viruses, but they will be tying into Huntington Beach's study to test the samples around West Newport. PUBLIC COMMENTS —None. CLOSED SESSION ANNOUNCEMENT — City Attorney Burnham announced that, after the Closed Session agenda was posted, the City received notice of an opportunity to join as a plaintiff in a lawsuit that the Southern California Association of Governments (SCAG) has filed against Housing and Community Development. He reported that the lawsuit challenges the most recently approved Regional Housing Needs Allocation (RHNA) which adds about 66,000 dwelling units to the region. He pointed out that some of those units may be required to be built in the City. He indicated that Council can add this to the Closed Session agenda by a 2/3 vote of Council. Motion by Mayor Pro Tern Ridgeway to add the item to the Closed Session agenda. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Volume 54 - Page 216 City of Newport Beach Study Session Minutes April 24, 2001 Noes: None Abstain: None Absent: None ADJOURNMENT - 5:55 p.m. The agenda for the Study Session was posted on April 18, 2001, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 54 - Page 217 INDEX CITY OF NEWPORT BEACH City Council Minutes Regular Meeting e C April 24, 2001- 7:00 p.m. J?A _ r INDEX STUDY SESSION - 4:05 p.m. CLOSED SESSION - 6:00 p.m. CLOSED SESSION REPORT - Mayor Adams announced that the City Council voted unanimously to participate in a lawsuit filed by the Southern California Association of Governments (SCAG) against Housing and Community Development. Additionally, Mayor Adams announced that the City Council voted unanimously to file a lawsuit, the details of which would be made available upon request after the lawsuit is filed. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Absent: None Pledge of Allegiance - Mayor Pro Tern Ridgeway. Invocation by Mrs. Marianne Scott, First Church of Christ Scientist. Presentation of plaque to the family of Robert S. "Bob" Knox honoring his service on the Library Board of Trustees. Mayor Adams presented the plaque to Bob's wife, Penny. Patrick Bartolic, Board of Library Trustees Chairman, and Walter Howald, Board of Library Trustees Secretary, expressed their appreciation for Mr. Knox's contributions. Presentation of Proclamation to Leon Hart commemorating 41 years of outstanding service to the City of Newport Beach. City Manager Bludau announced that Mr. Hart would be retiring soon and Mayor Adams presented the proclamation. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Mayor Pro Tern Ridgeway announced that, as a member of the Southern California Association of Governments (SCAG), he attended the SCAG meeting of April 12, 2001, in Los Angeles. He stated that the agenda included an item on the regional transportation plan, which provides for funding from the Federal and State government for all of the roads within the Southern California area. He stated that the analysis included consideration of a regional airport plan, which got more attention at the meeting Volume 54 - Page 218 City of Newport Beach City Council Minutes April 24, 2001 than the transportation plan. He stated that people from Inglewood were represented at the meeting and wearing "El Toro Yes" t- shirts, which Mayor Pro Tem Ridgeway displayed at the current meeting. He concluded his comments by announcing that the regional transportation plan did pass. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the public. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTION FOR ADOPTION 3. ECONOMIC DEVELOPMENT COMMITTEE ACCOMPLISHMENTS FOR 2000 AND RECOMMENDED CHANGES TO RESOLUTION ESTABLISHING THE COMMITTEE. Item continued. ORDINANCE FOR ADOPTION 4. Item removed from the Consent Calendar by Council Member Heffernan. CONTRACTS AND AGREEMENTS 5. ANIMAL SHELTER CONTRACT RENEWAL. 1) Approve the renewal contract for animal shelter services with the Dover Shores Pet Care Center; and 2) adopt Resolution No. 2001 -23 reflecting the new fees associated with the contract, amending the Master Fee Resolution. 6. LEASE AGREEMENT FOR SHIPYARD/R.ETAIL STORE AT BALBOA YACHT BASIN (WITH BASIN MARINE, INC.) (contd. from 3/27/01 & 4/10/01). Continue to 5/8/01. 7. Item removed from the Consent Calendar by Mayor Pro Tem Ridgeway. 8. JAMBOREE ROAD ZONE III WATER MAIN REPLACEMENT (C -3360) - ACCEPTANCE AND COMPLETION. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance bond one (1) year after Council acceptance. 9. BAYVIEW LANDING PARK SITE (C -3413) - APPROVAL OF PROFESSIONAL ENVIRONMENTAL SERVICES AGREEMENT WITH THE PLANNING CENTER AND PROFESSIONAL SERVICES Volume 54 - Page 219 INDEX Economic Development Committee (EDC) (24) Res 2001 -23/C -2854 Animal Shelter Contract Dover Shores Pet Care (38) [No report] C -3360 Jamboree Road Zone III Water Main Replacement (38) C -3413 Bayview Landing Park Site City of Newport Beach City Council Minutes April 24, 2001 AGREEMENT WITH CNC ENGINEERING. 1) Approve a Professional Environmental Services Agreement with The Planning Center of Costa Mesa for preparation of environmental documentation and Coastal Commission Permitting assistance for the Bayview Landing View Park site for a contract price of $24,900 and authorize the Mayor and the City Clerk to execute the Agreement. This approval recognizes that The Planning Center employee John Douglas is a former City employee; and 2) approve a Professional Engineering Services Agreement with CNC Engineering for preparation of plans and specification for the construction of the Bayview Landing View Park for a contract price of $33,390 and authorize the Mayor and the City Clerk to execute the Agreement. 10. BALBOA VILLAGE PROJECT UPDATE AND APPROVAL OF AMENDMENT NO. 5 TO PSOMAS AGREEMENT. Item continued. 11. BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET, DRAINAGE, LIGHTING, UTILITY IMPROVEMENTS, AND CITY SEWER REPLACEMENT (C- 3277). 1) Approve the plans and specifications; 2) award the contract (C -3277) to GCI Construction for the total bid price of $658,115 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $30,000 to cover the cost of unforeseen work; and 4) authorize the Mayor to sign the Agreement with Southern California Edison for the replacement of overhead with underground distribution facilities. 12. BALBOA YACHT BASIN OFFICE REMODEL (C- 3391). 1) Approve the plans and specifications; 2) award the contract (C -3391) to LTG Construction for the total bid price of $42,725 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $4,275 to cover the cost of unforeseen work; and 4) approve a budget amendment (BA -045) appropriating $17,000 from the Tidelands Fund into Account No. 7231 - C2370574. 13. IRVINE AVENUE WATER TRANSMISSION MAIN REPLACEMENT FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DANIEL BOYLE ENGINEERING, INC. (C- 3411). Approve a Professional Services Agreement with Daniel Boyle Engineering (DBE) of Laguna Hills for a contract price of $93,401 and authorize the Mayor and the City Clerk to execute the agreement. 14. Item removed from the Consent Calendar by a member of the public. 15. LOWER NEWPORT BAY EELGRASS RESTORATION PROJECT. 1) Authorize the City Manager to sign a Project Cooperation Agreement and Safe Harbor Agreement; and 2) authorize the City's participation in the Lower Newport Bay Eelgrass Restoration Project as co- sponsors with the County of Orange and the US Army Corps of Engineers (US ACE). MISCELLANEOUS ACTIONS 16. REQUEST FOR PROPOSALS INDEX (38) C -3333/ Balboa Village Project (38) C -3277 Beacon Bay Assessment District No. 79 (38/89) C -3391 BA -045 Balboa Yacht Basin Office Remodel (38/40) C -3411 Irvine Avenue Water Transmission Main Replacement (38) C -3415 Lower Newport Bay Eelgrass Restoration (38) FOR SENIOR AFFORDABLE I Senior Affordable Volume 54 - Page 220 City of Newport Beach City Council Minutes April 24, 2001 HOUSING. Approve and authorize staff to circulate RFP. 17. APPOINTMENTS TO ENVIRONMENTAL AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC). Item continued. Motion by Mavor Pro Tern Ridaewav to approve the Consent Calendar, except for those items removed (1, 4, 7 and 14); and noting the continuance of Item Nos. 3, 10 and 17. The motion carried by the following roll call vote Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF APRIL 10, 2001. Jim Hildreth, 120 The Grand Canal, stated that the minutes did not completely reflect the comments he made during the Public Comments portion of the minutes on April 10, 2001. He asked that the minutes be reviewed. Motion by Mavor Pro Tern Ridgeway_ to waive reading of subject minutes, approve and order filed upon review of the tape by the City Clerk. The motion carried by the following roll call vote Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None 4. REX BRANDT TRUST FOR AMENDMENT NO. 909 & LOT LINE ADJUSTMENT NO. 2000 -013 (2720 & 2730 BAYSIDE DRIVE). Council Member Heffernan requested that the City Attorney make a revision to Section 15 of the encroachment agreement to require that the Agreement be recorded prior to any encumbrance or it is subordinated to any existing deed of trust. Richard Nichols, 519 Iris, stated that it seems that the road to the property is going to be extended from other properties rather than from a new curb cut, which means that the person at the end of the alley will have greater use of it and should have to pay accordingly. Motion by Mavor Pro Tern Ridgeway to adopt Ordinance No. 2001 -3 Volume 54 - Page 221 INDEX Housing (68) EQAC Appointments (24) Ord 2001 -3 Amendment No. 909 2720 & 2730 Bayside Dr. (65) City of Newport Beach City Council Minutes April 24, 2001 approving Amendment No. 909 establishing a four -foot front yard setback for the subject lots. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None BALBOA PENINSULA ALLEY REPLACEMENT (C -3325) — ACCEPTANCE AND COMPLETION. Mayor Pro Tern Ridgeway complimented Nobest, Inc. for being on time and on budget. Additionally, he stated that they worked well with the public. Motion by Mavor Pro Tem. Ridaeway to accept the work; authorize the City Clerk to file a Notice of Completion; authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and release the Faithful Performance bond one (1) year after Council acceptance. Jim Hildreth, 120 The Grand Canal, agreed that Nobest, Inc. should be complimented, if they are the same contractors doing the work on Balboa Island. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None 14. COOPERATIVE AGREEMENT BETWEEN THE CITY AND HOAG HOSPITAL FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE SOUTH SIDE OF HOSPITAL ROAD WEST OF NEWPORT BOULEVARD WITH REPORT FROM THE CITY ATTORNEY. Dolores Otting stated that she recalled a bond issuance to Hoag Hospital in 1996 and stated that the current staff report does not include information on what the bond indebtedness is, although the one prior did. She stated that she is concerned that the improvements are only providing 81 new hospital beds and no additional emergency services. Ms. Otting asked if other cities also issue bonds to Hoag Hospital and what the total amount of the indebtedness is. Mayor Adams stated that the decision to participate in the bond issuance was made by the previous City Council. City Attorney Burnham confirmed that the Cooperative Agreement describes the improvement that Hoag has agreed to make to satisfy its pre- existing obligation. He stated that the Volume 54 - Page 222 INDEX C -3325 Balboa Peninsula Alley Replacement (38) C -3414 Hoag Hospital Cooperative Agreement/ Hospital Road Improvements (38) City of Newport Beach City Council Minutes April 24, 2001 INDEX revenue bonds issued by the City are payable solely through revenues derived from Hoag Hospital. He stated that the City is simply the issuer of the bonds. City Manager Bludau further clarified that the bonds were actually issued by the Newport Beach financing agency, which means that there is no bond indebtedness against the City. Mayor Adams requested that the City Manager report back to the City Council at the next meeting with the amount of the bond indebtedness. Motion by Council Member Glover to authorize the Mayor and the City Clerk to execute the Cooperative Agreement. The motion carried by the following roll call vote Ayes: Ridgeway, Proctor, Glover, Bromberg, Mayor Adams Noes: None Abstain: Heffernan, O'Neil Absent: None PUBLIC COMMENTS Jim Hildreth, 120 The Grand Canal, stated that the City Council adopted Resolution No. 2001 -4 on January 9, 2001, but the resolution was not addressed on April 11, 2001, at a public meeting concerning the Harbor and Bay Element. He stated that many residents are interested in these matters and wonder about the extent to which the City's sale of seized boats may simply be for revenue enhancement. Mr. Hildreth stated that he is particularly interested in the matter due to the permit fees his family has been paying for residential pier access at the southwest end of The Grand Canal. Richard Nichols, 519 Iris, submitted a letter dated April 24, 2001, regarding the Corona del Mar Village Plan. He stated that zoning should only be changed when it hurts no one. He stated that the Corona del Mar development plan will restrict traffic through Corona del Mar, and that the Architect's Committee examining Corona del Mar opined that, for special communities such as Corona del Mar with a major bottlenecked business street, an underground thruway should be considered. Mr. Nichols added that the businesses and residents in Corona del Mar are not in total support of the plan. Robert Walchli stated that a concern of Corona del Mar residents is the encroachment into the Ocean Boulevard bluff top park by adjoining landowners. He stated that the City didn't cooperate until it was brought to the public's attention by the newspaper in early March. He stated that the encroachments are arranged without public input or notice, and that the public should be allowed to voice their opinion about giving up their bluff top park to the front yards of the nearby residents. He stated that the bluff top park is one of the premier ocean views in Southern California, and belongs to all people. He stated that if the encroachments continue, nothing will be left of the public bluff top park. Volume 54 - Page 223 City of Newport Beach City Council Minutes April 24, 2001 Dr. Jan Vandersloot, 2221 E. 16th Street, stated that he is registering a protest regarding the three eucalyptus trees that were removed on 4th Avenue in Corona del Mar, the week prior. He stated that it had previously been agreed to preserve the trees, to do a root -crown excavation to evaluate safety and to treat the trees prior to removal. He stated that an arborist recently determined that there was severe damage to the roots due to City operations and recommended that the trees be considered for removal. Mr. Vandersloot stated that one of the trees showed no safety hazards, and that there should have been an opportunity to go over the options prior to removal. He suggested that City staff not cut the buttress roots of trees on 4th Avenue in the future, that treatment options be considered, that proper notice to the public be given when the situation is not an emergency and that the Parks & Recreation Department be recreated. Mayor Adams requested that the City Manager provide a follow -up report to the City Council at the next meeting. Mary Porter, 700 Larkspur Avenue, stated that she wanted to address the tree at 700 Larkspur, as well as other trees the General Services Department wants to destroy. She stated that she agreed that Blue Gum trees do need to be watched closely due to their potential for failing, but that they also need to be cared for and receive treatment when needed. Ms. Porter stated that the City's Urban Forester assured her that the work at 4�h and Larkspur Avenues would include a modified curb shape and that root sharing would be limited. She stated that this did not happen. She agreed that the City should err on the side of safety, but that the trees should be treated and marked with disclaimers. Mayor Adams stated that the City Manager will be reporting back to the City Council, but that the City is doing a good job. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Per the request of Mayor Adams, City Manager Bludau reported on the General Plan Update Committee meeting of the day prior. City Manager Bludau stated that the meeting was well attended and that it was decided to begin the public outreach process in September of 2001, with the neighborhood meetings beginning in January of 2001. He stated that the visioning process should be concluded by May of 2002. City Manager Bludau stated that Carolyn Verheyen's contract was also reviewed and modified, and that the Request for Qualifications (RFQ) was reviewed to invite solicitations for the general plan update work. He stated that other RFQs would be reviewed at future meetings. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 18. PLANNING COMMISSION AGENDA FOR APRIL 19, 2001. Planning Director Temple stated that of the five items on the recent Planning Commission meeting, three were continued and one involved an initiation to make a minor housekeeping amendment to the City's Governmental Educational Institutional (GEI) district. Volume 54 - Page 224 INDEX Planning (68) City of Newport Beach City Council Minutes April 24, 2001 INDEX Planning Director Temple stated that the most significant item discussed by the Planning Commission was the Commission's study on the review of development plans. She stated that the Planning Commission has been working on looking at various areas of the City and various types of projects that don't currently require a review of the site or development plan. She stated that it's a difficult issue, and the Planning Commission has recommended that a subcommittee of the Planning Commission be formed to review the provisions in the draft amendment in detail and that a joint study session be held with the City Council to receive the City Council's initial consideration. Council Member Glover asked the City Attorney if the Planning Commission has the authority to begin such a process. City Attorney Burnham stated that the Planning Commission has the authority to act in an advisory capacity to the City Council and the authority to initiate amendments to the zoning code. Planning Director Temple stated that the Planning Commission is only working on the text of a potential amendment that would be considered for initiation, and is recommending that the initiation not occur until the joint study session is held. Council Member Glover asked if the Planning Commission is trying to recommend policy, when it is the City Council that should do so. City Attorney Burnham confirmed that the City Council is the sole body charged with establishing policy for the City, but that the Planning Commission can initiate amendments to the zoning code and can act in an advisory capacity. He added that the City Charter specifies the Planning Commission's authority, but Title 20 of the Newport Beach Municipal Code broadens that authority. Council Member Glover requested that the City Manager provide a report regarding the authority of the Planning Commission. Mayor Adams suggested that a joint meeting of the Planning Commission and the City Council be held, and asked if the rest of the City Council concurred. Mayor Pro Tem Ridgeway agreed that a discussion should take place. Mayor Adams requested that a future Study Session of the City Council involve a joint meeting with the Planning Commission. Council Member Proctor suggested that the joint meeting be held prior to discussing Item No. 20 on the current agenda. Motion by Mayor Pro Tem Ridgeway to receive and file written report. The motion carried by the following roll call vote Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None Volume 54 - Page 225 City of Newport Beach City Council Minutes April 24, 2001 PUBLIC HEARINGS 19. 2000 UPDATE TO THE CITY OF NEWPORT BEACH URBAN WATER MANAGEMENT PLAN. Public Works Director Webb stated that the Urban Water Management Planning Act requires that the Urban Water Management Plan be revised or updated every five years. He added that, although the conservation and efficient use of urban water supplies are a statewide concern, the Act recognizes that the use and implementation of the plans can best be accomplished by local agencies. Public Works Director Webb listed some of the items included in the plan, and recognized Utilities Services Manager Davidson and Utilities Administrative Coordinator Deutsch for their efforts in preparing the plan. Council Member Proctor asked for an update on the low flush toilet rebate program. Utilities Administrative Coordinator Deutsch stated that the program happens throughout the County and throughout the year, contingent upon the funding received by the Metropolitan Water District (MWD). He stated that the City recently used its allotment for the year, but a new allotment will be provided in July. Council Member Bromberg stated that he recently received an $80 rebate for buying a low flush toilet and said that it's the highest rebate in the State. Mayor Adams opened the public hearing. Jim Hildreth, 120 The Grand Canal, recalled that residents of Balboa Island were given a notice several years ago about fly larvae being in the water. He stated that he hopes the issue has been addressed. Mr. Hildreth additionally questioned the City's habit of watering plants at two o'clock in the morning. Hearing no further testimony, Mayor Adams closed the public hearing. Mayor Pro Tem Ridgeway stated that he recently participated in a water tour in Northern California. He stated that MWD supplies the City with about 25% of its water, from water coming from the Colorado River and the Sacramento Delta area. Mayor Pro Tern Ridgeway stated that the peripheral canal that everyone has heard so much about is not in existence yet. Motion by Mayor Pro Tern Ridgeway to adopt Resolution No. 2001 -24 2000 Urban Water Management Plan Update. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None Volume 54 - Page 226 INDEX Res 2001.24 Urban Water Management Plan (89) City of Newport Beach City Council Minutes April 24, 2001 20. AMENDMENT NO. 908 — SITE PLAN REVIEW OVERLAY FOR COASTAL BLUFF PROPERTIES IN CORONA DEL MAR — AMENDMENT TO ZONE DISTRICTING MAPS #16, #17 & #18 TO COMBINE THE SITE PLAN REVIEW OVERLAY (SPR) DESIGNATION TO THE EXISTING ZONING DESIGNATION OF COASTAL BLUFF PROPERTIES LOCATED WITHIN CORONA DEL MAR. Using a PowerPoint presentation, Planning Director Temple displayed the general plan policy, which states that, "the siting of new buildings and structures shall be controlled and regulated to insure, to the maximum extent practical, the preservation of public views, the preservation of unique natural resources, and to minimize the alteration of natural landforms along bluffs and cliffs ". She stated that property owners and developers have begun proposing larger residences, and have been before the Planning Commission to request variances. Through these requests, it was discovered that there were no zoning implementations or guiding regulations. Planning Director Temple stated that in September of 2000, the City Council denied a proposal by the Planning Commission to enact a moratorium, but directed the Planning Commission to pursue regulations in regards to coastal bluff development. She stated that this has resulted in a recommendation of a site plan overlay on certain properties in the Corona del Mar area. Planning Director Temple displayed a photo depicting typical development in the area, which leaves the lower portions of the lots in their natural state. She additionally showed illustrations of homes that are planned to be built down to the level of the beach. Planning Director Temple stated that the amendment proposed by the Planning Commission would implement an overlay district that currently exists in Chapter 20.92 of the Newport Beach Municipal Code (NBMC) and would enact a review procedure for development in the affected areas. She listed the site plan review thresholds and review standards as included in the amendment. Planning Director Temple referred to the staff report, the supplemental staff report and the correspondence received in regards to the amendment. She stated that the Planning Commission felt that it was important to adopt the amendment with a set of guidelines. She stated that developing the guidelines has been more complicated than anticipated, which is why staff has included the recommended action of referring the ordinance back to the Planning Commission or tabling the matter, as options for the City Council to consider. Council Member O'Neil asked about the variance requests of the applications that were reviewed by the Planning Commission. Planning Director Temple stated that they've usually been height variances. She explained that the height along Ocean Boulevard is a dual height limit, and a combination of not exceeding the height of the curb while also complying with the regular 24 -foot height limitation. Council Member O'Neil confirmed that the property owners really have to build further down the slope to construct a Volume 54 - Page 227 INDEX Amendment No. 908 Site Plan Review Overlay for Coastal Bluff Properties in Corona del Mar (94) City of Newport Beach City Council Minutes April 24, 2001 �► i substantial structure. Planning Director Temple stated that it is a concern of the Planning Commission that the property owners are completely covering the bluff to reach an allowable floor area. She added that the recent projects are the first ones that actually go from the top of the slope to the toe of the slope. Council Member O'Neil asked why the areas under consideration for the amendment were chosen. Planning Director Temple stated that the Planning Commission probably felt that the direction by the City Council was to look at the properties in Corona del Mar. Assistant City Manager Wood added that the Planning Commission did consider expanding the provisions to other bluffs in the City, but felt that Corona del Mar was the area where the majority of the requests for development were coming from. Council Member O'Neil asked how many requests were pending. Planning Director Temple stated that three are in active processing and three are in plan development, with a total of 84 lots affected by the new provisions. Council Member O'Neil stated that he understands what the Planning Commission is trying to do and agrees that implementation criteria and standards need to be established for policies that already exist. He stated that he agrees that there should be a policy to protect the coastal bluffs, but that possibly the item should be deferred so that public input can be received prior to adoption of the ordinance. Council Member Glover stated that when she was on the Planning Commission, they would look at each home individually, talk with the architect and listen to the neighbors. She felt that they did a good job of protecting the bluffs through this process. She stated that this same process should work today. Council Member Glover stated that when someone wants to build a creative home, they come to Newport Beach because the City still has the flexibility to allow people to enjoy their property rights. She knows that some people complain about the larger homes, but it is the mode of the day. She added that Measure S restricts the businesses in the City and will reduce future revenues. She stated that the proposed amendment would restrict residences and reduce additional revenues. Council Member Glover concluded by stating that the homes should continue to be looked at individually and the rights of the property owners should be respected. Motion by Council Member Glover to table the ordinance. The motion died for lack of a second. Mayor Pro Tem Ridgeway stated that the affected properties include areas of cut and fill bluffs, and not just natural bluffs, while other natural bluffs are not included. He stated that this makes the amendment too narrow and targets just certain properties. Mayor Pro Tem Ridgeway stated that a policy was created in 1988 regarding natural bluffs, but that it should have included a specific plan review such as that being proposed at the current meeting. He stated that since this was not done, the policy has not been enforced. Mayor Pro Tem Ridgeway added that he also supports real property rights and that floor area ratio (FAR) rules already exist for the bluff areas throughout the City. He stated that the FAR rules would Volume 54 - Page 228 City of Newport Beach City Council Minutes April 24, 2001 I DOA probably be eliminated if the proposal is approved and he can't support that. He stated that some developments may have violated the bluffs policy, but confirmed that none have violated the FAR rules. Mayor Pro Tem Ridgeway stated that land values have changed and residents are trying to maximize their lots. He stated that he could have supported a site plan review in 1988, but that he can't do it now. Council Member Bromberg stated that Newport Beach is generally conservative, but has an obligation to be environmentally responsible. He stated that this balance is what is needed with the current issue and will require an attempt to protect private property rights while also protecting the bluffs. He stated that he doesn't like design reviews because they can be subjective, although realizes that site reviews are different. He stated that the issue needs to be looked at further and, if the time is spent, a balance can be found. He stated that other coastal cities in the State have had to deal with this also. Council Member Bromberg stated that he doesn't agree with tabling the issue because it will only come back again. He stated that the issue should be returned to the Planning Commission and criteria developed. He stated that a joint meeting of the Planning Commission and the City Council should also be held. Council Member Proctor stated that the issue is predominate throughout the State and is a result of property valuations. He stated that the issue will exist in other areas of the City in the future and that this should be considered when looking at the issue. He stated that he doesn't understand the sense of urgency, and that deliberation is needed. Council Member Heffernan stated that he can remember seeing a large home built on the bluffs in Corona del Mar many years ago, but that such homes are now more commonplace. He noted that once larger homes are approved, other requests will come in. He suggested that more input be received before a decision can be made on what the City will accept. Mayor Pro Tem Ridgeway stated that the issue is occurring everywhere in the country, with properties being sub - divided and lots being maximized. He stated that it is a difficult issue to address and he doesn't think the City Council can make a decision at the current meeting. Council Member Glover stated that she still believes that the item should be tabled. She stated that if the property owners are told that the issue is being looked at further, they won't know what they can do with their properties. She stated that the bluffs have not been ruined and large homes are being built everywhere. Council Member Glover stated that the bluff area should not be singled out. Council Member Bromberg stated that he is concerned about tabling the issue because it will only leave it in limbo and it will still come back. Motion by Mavor Pro Tem Ridgeway to refer the ordinance to the Planning Commission for further study. Mayor Pro Tem Ridgeway suggested that a joint session with the Planning Volume 54 - Page 229 City of Newport Beach City Council Minutes April 24, 2001 Commission be held. I L I DL/ Council Member O'Neil stated that the issue will take some time to address. He stated that there is not any urgency in addressing the issue and several meetings may need to be held in order to receive public input. He stated that Corona del Mar should not be singled out and suggested that the issue be looked at citywide. He agreed that the City Council should meet with the Planning Commission. Mayor Adams opened the public hearing. Jim Hildreth, 120 The Grand Canal, stated that the plans presented by Planning Director Temple showed that the properties would be accessible by vehicles from the toe of the properties. He disagreed with this approach from the beach area. Luvena Hayton, 235 Poppy, stated that she is opposed to the comments made by the City Council and appreciates what the Planning Commission has done. She stated that the issue needs to be addressed now or there won't be any bluffs left to discuss. She stated that the property owners in the affected area don't care about their neighbors or the people visiting the area. Ms. Hayton stated that something has to be done to protect the bluffs and the views. She agreed that property rights are important, but only as long as they don't infringe on the rights of others. Robert Walchli stated that when looking at Corona del Mar from the Wedge, one can see one home built on top of another. He suggested that a moratorium be placed on any development on the bluffs until a public land use can be developed that provides protection of public views, park access and the rights of the property owners. He stated that everyone lives under restrictions and that the property owners on the bluffs need to recognize that they have the duty to not infringe on public rights. Richard Nichols, 519 Iris, presented a letter to the City Council and read from the letter. He stated that the public rights have been constantly eroded by individual development and City policies and variances. He requested that all properties be examined and any intrusions be remedied. He added that public right -of -way access and losses should be addressed and mitigated, and that zoning codes should be strictly enforced. Mr. Nichols concluded by stating that he was recently made aware of NBMC Chapter 20.55, which requires that home developments, such as those in the affected areas under consideration at the current meeting, need to be open to public review. Allan Beek, 2007 Highland, stated that Stop Polluting Our Newport (SPON) opposes tabling the matter and supports the issue being looked at by the Planning Commission and the City Council, with input from the public. He stated that he personally commends the Planning Commission and the City Council for addressing the issue. He acknowledged the hardship of people trying to build on slopes because the City's height ordinance is not designed to handle homes built on slopes. He stated that the bluff property owners need some relief from the City's height ordinance. Mr. Beek stated that he is Volume 54 - Page 230 City of Newport Beach City Council Minutes April 24, 2001 INDEX opposed to site plan reviews because they are too subjective. Referring to Mayor Pro Tern Ridgeway's previous comments, he stated that the issue had been looked at in the past, but the courts threw out the proposal. He stated that the coastal bluff properties are public resources. Mary Fussell, 2920 Ocean Blvd., stated that the bluffs are not only a physical entity, but also an aesthetic entity that adds beauty to the beach. She stated that the shrubbery and rock formations are beautiful in themselves. Jay Cowan, 3030 Breakers Drive, President of the Breakers Drive Association, stated that Breakers Drive is at the bottom of the bluff. He stated that it is important to remember that the properties being discussed are private properties, that limitations are already in place regarding development, the properties are valuable and if taken away from their owners, the owners should be adequately compensated. He stated that the Constitution does not allow the government to take private property for public use without just compensation to the landowner. Dr. Jan Vandersloot stated that if it is recognized that mistakes were made in 1988, there is a responsibility to correct them. He stated that there is an inconsistency between the provisions of the general plan and the zoning code. Dr. Vandersloot agreed that there should be a moratorium. Eve Brooke stated that Breakers Drive does not abut the beach, as it appeared to in the PowerPoint presentation. She stated that it abuts a public parking lot and no one sees the bluffs except those that park in the parking lot. Ms. Brooke stated that there are already enough restrictions placed on their properties from the City and the Coastal Commission. She stated that building on the bluff from Breakers Drive doesn't affect anyone's ocean view. Lynne Butterfield, 3401 Ocean Blvd., stated that she and her husband built their property in 1994. She stated that they had two restrictions and knew of these prior to even purchasing their property. She stated that one was the height restriction as it relates to the top of the curb and the other was the string line, as enforced by the Coastal Commission. Ms. Butterfield stated that the property owners adhere to the restrictions. She stated that the urgency in addressing the issue is that if one homeowner is allowed to go forward with a development, it sets a precedent for everyone else. Council Member O'Neil asked Ms. Butterfield why she would be concerned about the City's decision regarding the other homes on the bluffs, when it is the Coastal Commission's regulations that restrict development on the bluffs. He stated that Ms. Butterfield and her husband could have built all the way down to the beach if they had wanted to. Mayor Pro Tern Ridgeway asked Ms. Butterfield what the size of her lot was and she responded that it was 60 feet by 125 feet. He also stated that she could have built a larger home. Ms. Butterfield stated that she and her husband could have submitted plans for a larger development, but there was too much of a chance that it would have been denied. Volume 54 - Page 231 City of Newport Beach City Council Minutes April 24, 2001 INDEX Sharlee McNamee, 3329 Ocean Blvd., stated that she remodeled her home in 1981 and was denied the privilege of even planning a three -story home. She stated that the issue is one of property rights. Ms. McNamee stated her disapproval of the Planning Commission and the City Council proposing another layer of bureaucracy to minimize the rights of certain property owners. She stated that the Planning Commission seeks to protect natural resources, to preserve public views and to address the extremely unique and valuable landforms, without defining any of these terms. She stated that the proposal only gives the City unprecedented discretionary power to control private property and establish a public right to aesthetic views of private property. She stated that the municipal government is charged with protecting not the public good, but rather the individual citizens within its boundaries. She added that the bluffs in Corona del Mar are beautiful because of the homes and lush landscaping in the area. Janice Wallace, 2919 Ocean Blvd., stated that she lives in a 750 - square foot home on a unique lot, and that if the proposal is approved, it will greatly devalue her property and make her lot unbuildable. She stated that if this occurs, she should receive just compensation. Opal Kissinger, 3300 Ocean Blvd., stated that she sent a letter to the City Manager requesting that the City adhere to the NBMC and zoning regulations, which require that trees and shrubs be kept to roofline level. She stated that she received a response from the City Manager that confirmed that this is being done. Robert San Miguel, 221 Carnation Avenue, thanked the City Council for attempting to address the issue, which is a difficult one. He requested that the City Council vote against the proposed amendment because it would subject the property owners on the bluffs in Corona del Mar to restrictions not required in other parts of the City. He stated that all landowners should be treated equally, as long as they comply with City regulations. He stated that a review by the Planning Commission should be needed only when a variance is requested. Mr. San Miguel stated that he is confident that the Planning Commission will continue to exercise reasonable and sound judgment. Jean Bruton stated that liability should also be considered. She noted that the bluffs are unstable, the private driveways extend into the public walkways and the public uses the public property at the tops of the bluffs. She stated that the views and the use of public property should be preserved. She agreed with a moratorium. Hearing no further testimony, Mayor Adams closed the public hearing. Council Member Heffernan stated that if one property owner is allowed to build from the bluff to the beach, others will be requesting the same thing. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Bromberg, O'Neil, Heffernan, Mayor Adams Volume 54 - Page 232 City of Newport Beach City Council Minutes April 24, 2001 Noes: Glove Abstain: None Absent: None CURRENT BUSINESS 21. APPOINTMENT BY MAYOR OF AD -HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2001. Motion by Mavor Adams to confirm his appointment of Council Members Proctor and Glover, and Mayor Pro Tem Ridgeway to serve on the ad -hoc appointments committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2001. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None MOTION FOR RECONSIDERATION - None. - 9:55 p.m. The agenda for the Regular Meeting was posted on April 18, 2001, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 54 - Page 233 INDEX Ad -Hoc Appointments Committee (24)