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HomeMy WebLinkAbout01 - 01-08-2002City Council Meeting January 22, 2002 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes ^ Study Session 0 January 8, 2002 - 5:00 p.m. ��( INDEX ROLL CALL Present: Heffernan, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Absent: O'Neil (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Heffernan asked if the population proportions given for Item No. 3, Councilmanic Redistricting, were allowed by State and Federal laws. He requested that this be clarified at the regular meeting. City Clerk Harkless announced minor changes to Item No. 17, Appointments by the Mayor, including a change on the Economic Development Committee from Council Member Proctor to Mayor Pro Tem Bromberg, on the Ad Hoc City Council Airport Issues Committee from Council Member Heffernan to Mayor Pro Tern Bromberg, on the Ad Hoc General Plan Update Committee from Council Member Glover to Mayor Pro Tern Bromberg and on the Santa Ana River Flood Protection Agency from Council Member Glover to Council Member Adams, as the alternate. Additionally, Mayor Ridgeway clarified that he was elected, not appointed, to the Southern California Association of Governments (SCAG). 2. DISCUSSION REGARDING INCREASED LEVELS OF TREE TRIMMING SERVICES. City Manager Bludau stated that Council Member Glover requested that this item be placed on a Study Session agenda. He stated that some factual information on ficus trees in the community would be provided, as well as what can be done to try to mitigate some of the issues. General Services Director Niederhaus introduced Park & Tree Superintendent Lomeli, Urban Forester Conway, and the Parks, Beaches & Recreation Commission Chairman, Val Skoro. General Services Director Niederhaus stated that the City is trying to attain a balance between natural resources and maintenance requirements. He stated that the City's urban forest consisted of over 33,000 trees prior to the annexation of Newport Coast, which added another 3,000 trees to the total. He stated that although there are 178 species of trees in the City, the report at the current meeting would focus on the 3,200 ficus trees in the City. General Services Director Niederhaus stated that the two major types of ficus in the City are the Indian Laurel Fig and the Rusty Leaf Fig, both of which have been removed from the City's designated street tree list. Council Member Heffernan asked why it took so long to remove these trees Volume 54 - Page 642 Tree Trimming Services (62) City of Newport Beach Study Session Minutes January 8, 2002 INDEX from the list. General Services Director Niederhaus stated that prior to officially removing them from the designated street tree list, the City was working from a street tree /parkway tree manual, which didn't include ficus trees. Using a PowerPoint presentation, General Services Director Niederhaus stated that ficus trees cause $50,000 to $100,000 in hardscape damage annually, and account for almost 70% of the claims paid for tree damage. He noted that Council Policy G -1, Retention or Removal of City Trees, was amended in February 2000, leans towards the preservation of trees and includes a provision to allow for reforestation, which has proven to be successful. He announced that in the past fiscal year, the City removed 45 trees of all species while planting 458 trees during that same period. General Services Director Niederhaus stated that the property damage caused by ficus trees is not limited to Newport Beach, and that damage is caused to both public and private properties. He pointed to some samples of pipes filled with ficus tree roots that he brought to the meeting. General Services Director Niederhaus stated that the majority of the City's ficus trees are mature specimens and that they can be accommodated in larger areas. He noted, however, that new homeowners in particular often request that ficus trees be removed from the parkways. General Services Director Niederhaus stated that the current cycle of trimming every 3.2 years seems to be at a level that is satisfactory to the residents. He added, however, that palm and coral trees are trimmed annually. General Services Director Niederhaus stated that ficus trees are still being planted throughout Southern California by developers because they are rapid growers and quickly attractive in new neighborhoods. He added, however, that utility companies and municipalities are finding out that the trees are not compatible with small parkways. General Services Director Niederhaus displayed a list of the councilmanic districts in the City and the paid property damage claims associated with City trees for each. He noted that District 3 has the predominant problem, primarily due to the number of ficus trees in the district. He displayed photos of trees on Clay Street, which showed the extensive root systems of the ficus trees. General Services Director Niederhaus stated that the efforts by the City to offset the ficus tree root damage have included parkway renovation projects, which utilize root barriers and root pruning. He noted that the cost is approximately $1,000 per tree. Other efforts by the City include reforestation projects, although there is a controversy over the size of the newly planted tree. He explained that some advocates want 36 -inch box trees planted, but that the cost is $1,000 compared to $200 for a 24 -inch box tree. Additionally, the parkways can't accommodate the larger box trees. He mentioned some of the successful projects that have been done in the City. General Services Director Niederhaus stated that the Clay Street project was an effort to preserve the canopy formed by twenty -one ficus trees between Irvine Avenue and St. Andrews, while removing all trip and fall hazards and damage to private property. He stated that the damaged areas were replaced, deep root barriers were installed and trimming was done to inhibit root growth. The cost has totaled approximately $37,000, with Volume 54 - Page 643 City of Newport Beach Study Session Minutes January 8, 2002 INDEX approximately $17,000 remaining in the project budget. General Services Director Niederhaus stated that an additional $15,000 will be needed to finish the project. General Services Director Niederhaus stated that staff is recommending three projects to decrease ficus tree damage. He noted that two of the projects are included in the proposed Capital Improvement Program (CIP) for the 2002 -2003 fiscal year. The first project is the continuation, or Phase VI, of the street tree reforestation. He stated that $75,000 is being requested to continue with the removal and replacement of problem trees. He stated that the second project is a street tree root pruning project, with $50,000 being requested in the CIP. General Services Director Niederhaus stated that this project would address approximately fifty to seventy -five troublesome trees that the City would like to preserve. General Services Director Niederhaus stated that the third project being recommended by staff is an annual ficus tree trimming project, which would address the 2,360 problem ficus trees in the City at a cost of $39 per tree. He stated that it is believed that this trimming would decrease root growth and avoid subsequent hardscape damage. General Services Director Niederhaus stated that the total cost of the three recommendations is approximately $217,000. He added that the reforestation project should be continued for ten to twelve years, the pruning project should continue over time also and the trimming project should be started as soon as possible. Council Member Glover stated that her district, District 3, was the first subdivision in the City, and noted that many City employees live within it. She stated that there is no undergrounding of utilities and Southern California Edison has admitted to wanting the trees to be trimmed to bushes so that they don't interfere with the wires. Council Member Glover noted a book she owns that discusses the importance of familiar things in the community that one dwells in. She stated that it also discusses what happens to a person, intellectually and psychologically, when a mature tree is removed. Council Member Glover stated that many of the new homeowners in her district come from communities that do not have mature trees. She added that these homeowners will typically remove the trees on the property and build a larger home, and that this is changing the landscape of the district. She noted that one of the reasons these people moved into the area was for the mature trees, but then they end up removing them. Council Member Glover stated that she is not opposed to the large homes, but would like to look at how the mature trees can be retained, particularly in the parts of the district that do not have the ocean views. She added that she does not believe in reforestation, because the removal of mature trees destroys a part of the history of the City. Council Member Glover stated that Newport Beach is a charming and beautiful community, and can't be measured by communities that have lower standards. She stated that due to budget cuts, tree trimming was reduced but it was the wrong thing to do because the tops of the trees have been increased and the roots have expanded. She requested that a plan be put together to retain as many of the mature trees in her district as possible. Council Member Adams asked how the trim cycle of every 3.2 years was affecting the damage potential of the trees. He asked if a shorter cycle would Volume 54 - Page 644 City of Newport Beach Study Session Minutes January 8, 2002 INDEX be better. General Services Director Niederhaus stated that staff is recommending that the cycle be shortened to annual trimming for 2,300 of the 3,200 ficus trees, and that it begin within the next six months. He added that a 24 -inch box tree is a five to eight year old tree, and a 36 -inch box tree is eleven to twelve years old. Council Member Adams added that the 24 -inch box trees also have a faster rate of growth. Additionally, he asked if other species of trees had been looked at that would shorten the trim cycle. General Services Director Niederhaus stated that many trees don't need to be trimmed every three years, and it's handled by the urban forester. City Manager Bludau added that the type of annual trimming being recommended for the ficus trees leaves the tree fairly scarce. General Services Director Niederhaus agreed that it takes about six months for the tree to regain its canopy, but that the trimming is done for more than just to avoid the hardscape damage. For example, it allows the sun to reach the ground under the tree and helps the turf to grow. City Manager Bludau stated that some people disagree with the extent of the trimming. General Services Director Niederhaus stated that the City can probably accommodate those individuals that want more of a canopy left. Council Member Heffernan stated that since the City parkway trees pose a potential liability problem, an estimate of the claims against the City should be presented to the City Council at an upcoming Closed Session. He stated that this would allow for a cost balancing analysis, and a way to access if the tree trimming program should be changed. Don Webb, 1821 Mariners Drive, stated that a number of years ago, the tree trimming operation was privatized and the ficus trees were trimmed less often to save money. He stated that ten to twelve years of unmanaged growth has resulted in larger crowns, trunks and root systems. Mr. Webb provided a handout, which included photos of trees that had been severely pruned and showed that the root systems can be controlled. He then noted a picture that showed the substantial growth of the ficus trees over a ten -year period. He mentioned the eucalyptus trees on Poppy Avenue that were left due to objections from the community, and noted the photos that showed the signs that were erected to warn people of the uneven sidewalks. Mr. Webb went on to discuss some of the reforestation projects in the City and stated that it takes a long time for the new trees to get as big as the previous trees. He also noted places where trees were removed and not replaced. He requested that the City Council leave some of the mature trees that are lining the streets. He suggested that the ficus trees not be removed, and that a comprehensive root control program and an annual tree trimming program be adopted. Council Member Heffernan noted that Mr. Webb was the Public Works Director during the periods mentioned and asked why lack of tree maintenance was allowed to go on for so long, given the potential for liability. Mr. Webb confirmed that a tree trimming program was not started early enough, although he had made recommendations to have more frequent trimming than the 3.2 year cycle. Dr. Jan Vandersloot, Stop Polluting Our Newport (SPON) Tree Committee, agreed with Mr. Webb that removing the ficus trees is not the solution. He noted that part of the problem is having the maintenance of the parks and Volume 54 - Page 645 City of Newport Beach Study Session Minutes January 8, 2002 trees under ttne lunsatcnon of the Ueneral services iepartment. tie stated that the people that know what's best for the trees should be the ones maintaining them. He agreed that tree trimming should be increased and that it should be done to arborists' standards. He also supported root pruning and root barrier projects, and preventative maintenance. Dr. Vandersloot stated that the City also has to deal with people that are filing claims against the City and not just remove the trees to avoid the claims. He stated that the City values its mature trees and should strive to keep them. Virginia Herberts, 2290 Channel Road, agreed that there is a conflict of interest having the General Services Department in charge of the tree program. She noted that her comments aren't directed at anyone in particular. She stated that the City has the obligation to enhance Newport Beach and maintain the trees. She stated that root barriers need to be used, and money should be spent to save the trees. Irene Black stated that trees do an enormous amount of good. She stated that trees reduce pollution, increase conservation and reduce sunlight damage. She stated that the potential liability could be handled by using more signs. She suggested that a scientific study be done to determine what happens to a community when mature trees are removed. Mayor Ridgeway stated that the issue would be discussed again during the budget process. He noted that Council Member Glover has suggested that a committee be formed to also address the issue. PUBLIC COMMENTS - None. ADJOURNMENT - 6:00 p.m. The agenda for the Study Session was posted on January 2, 2002, at 2:15 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 646 INDEX CITY OF NEWPORT BEACH City Council Minutes DRAFT Regular Meeting January 8, 2002 - 7:00 p.m. INDEX STUDY SESSION — 5:00 p.m. CLOSED SESSION — 6:00 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Absent: O'Neil (excused) C. CLOSED SESSION REPORT — None. D. PLEDGE OF ALLEGIANCE — Council Member Proctor. E. INVOCATION — Reverend Monsignor Daniel Murray, Our Lady of Mt. Carmel Catholic Church F. Vision Festival Announcement. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): • Mayor Ridgeway reported that the Balboa Inn project was unanimously approved by the Coastal Commission. • Mayor Ridgeway reported that the Newport Pier area undergrounding is scheduled to begin on February 4, 2002. • Mayor Ridgeway requested that the 14 coastal access Offers to Dedicate (OTD) be placed on the January 22, 2002, study session agenda for discussion. • Mayor Ridgeway announced that he had a proclamation for Stan Rodriguez, owner of Steck's T•Shirts on Balboa Island, who is a longtime merchant and is retiring. Mayor Pro Tern Bromberg indicated that he will present Mr. Rodriguez with the proclamation since he was unable to attend the meeting. Volume 54 - Page 647 City of Newport Beach City Council Minutes January 8, 2002 Mayor Ridgeway announced that Council Member Glover will be sworn in on Friday as the Chairperson of the Air Quality Management District (AQMD)• I. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. Removed at the request of an audience member. 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. ORDINANCE FOR INTRODUCTION 3. Removed at the request of Council Member Heffernan. ORDINANCES FOR ADOPTION 4. ORDINANCE RELATING TO THE PROTECTION OF NATURAL HABITAT FOR MIGRATORY AND OTHER WATERFOWL; PROHIBITION ON INCUBATION, FEEDING. Adopt Ordinance No. 2001 -24. 5. PROPOSED HARBOR COMMISSION. Adopt Ordinance No. 2001 -25 establishing the Harbor Commission. RESOLUTIONS FOR ADOPTION 6. RESOLUTION FIXING THE EMPLOYER'S PERS MEDICAL CONTRIBUTION FOR NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION. Adopt Resolution No. 2002 -1 only with respect to members of the Newport Beach Police Management Association, fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act. APPOINTMENT OF THE CITY OF NEWPORT BEACH'S PUBLIC AGENCY RETIREMENT SYSTEM (PARS) PLAN ADMINISTRATOR. 1) Adopt Resolution No. 2002 -2 appointing the Human Resources Director, or the successor or designee as the City's Plan Administrator; and 2) authorize the Plan Administrator to take whatever additional administrative actions are necessary to maintain participation in PARS. 8. RESOLUTION ADOPTING A VETERANS' PREFERENCE SYSTEM. Adopt Resolution No. 2002 -3 establishing a veterans' preference system. CONTRACTS AND AGREEMENTS 9. AWARD OF LANDSCAPE MAINTENANCE CONTRACT AGREEMENT FOR NEWPORT COAST AREA. Continue the item. Volume 54 - Page 648 INDEX Ord 2001 -24 Waterfowl/ Incubation/Feeding (51) Ord 2001- 25/Harbor Commission (24) Res 2002 -1 C -2932 PERS Medical Contribution (38/66) Res 2002 -2 C -3284 Public Agency Retirement System (PARS)/ Plan Administrator (38/66) Res 2002- 3/Veterans' Preference System (66) C- 3503/Landscape Maint. (38) City of Newport Beach City Council Minutes January 8, 2002 10. BALBOA ISLAND PAVEMENT (C -3397) — REJECT ALL BIDS. Reject all bids and direct staff to re -bid the project. 11. CITY HALL FACILITY NEEDS ASSESSMENT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH GRIFFIN ADVISORS, INC. (C- 3502). 1) Approve a Professional Services Agreement with Griffin Advisors, Inc., of Laguna Beach, California, to perform a comprehensive space utilization assessment, a needs analysis, and recommendations at a contract price of $154,780; and 2) authorize the Mayor and City Clerk to execute the agreement. 12. CUSTODIAL SERVICES AGREEMENT WITH THE BANK OF NEW YORK. Adopt Resolution No. 2002 -4 authorizing the Administrative Services Director to sign an agreement for Custodial Services for Securities, and related documents, with the Bank of New York Western Trust Company. 13. Removed at the request of Council Member Heffernan. MISCELLANEOUS ACTIONS 14. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE. Confirm Mayor Ridgeway's appointment of Gary Borquez as the District 1 at -large representative to the Environmental Quality Affairs Citizens Advisory Committee. 15. AD HOC CITY COUNCIL COMMITTEE — JWA SETTLEMENT AGREEMENT EXTENSION COMMITTEE. Approve an extension of the term of the John Wayne Airport Settlement Agreement Extension Committee until March 30, 2002. 16. CITYWIDE WAYFINDING & DIRECTIONAL SIGNAGE PROGRAM: OVERVIEW OF PROPOSED PROJECT, AND RECOMMENDATION TO AUTHORIZE PROFESSIONAL DESIGN SERVICES (contd. from 11/13/01). Continue to Study Session on February 12, 2002. 17. APPOINTMENTS BY THE MAYOR TO THE COUNCIL/CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. Confirm the Mayor's appointments as corrected by the City Clerk (Economic Development Committee: change Mayor Pro Tern Proctor to Mayor Pro Tern Bromberg; Ad Hoc City Council Airport Issues Committee: change Council Member Heffernan to Mayor Pro Tern Bromberg; Ad Hoc General Plan Update Committee: change Council Member Glover to Mayor Pro Tern Bromberg and suggest nomination of Planning Commissioner Gifford rather than Planning Commissioner Selich; Santa Ana River Flood Protection Agency: change Council Member Glover to Council Member Adams (Alt.); and Southern California Association of Governments: change that Mayor Ridgeway is elected, not appointed, by the Orange County Division of the League of California Cities). Volume 54 - Page 649 INDEX C-3397/Balboa Island Pavement (38) C -3502 City Hall Facility Needs Assessment (38) Res 2002 -4 C -3504 Custodial Securities Services (38) EQAC (24) JWA Settlement Agreement Extension Committee (24) [No report] Council/Citizens Committees (24) City of Newport Beach City Council Minutes January S, 2002 18. AIRPORT AREA DEVELOPMENT committee. Sunset 19. BUDGET AMENDMENT IN THE AMOUNT OF $5,404 TO INCREASE REVENUE ESTIMATES AND EXPENDITURE APPROPRIATIONS DUE TO RECEIPT OF A LIBRARY SERVICES TECHNOLOGY GRANT. FUNDS TO BE USED FOR LIBRARY STAFF EDUCATION. Approve BA -026. Motion by Mayor Pro Tem Brombere to approve the Consent Calendar, except for those items removed (1, 3 and 13), and noting the continuance of Item No. 9 and the corrections to Item No. 17. The motion carried by the following roll call vote: Ayes: Heffernan, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: O'Neil J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF DECEMBER 11, 2001. Jim Hildreth, 120 The Grand Canal, referenced Page 623 and believed that the act of him getting hurt is a City matter, but the way in which he was hurt apparently is not. Motion by Council Member Adams to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: O'Neil 3. COUNCILMANIC Council Member Heffernan reported that it is being proposed that all of Newport Coast be included into District 7 and pointed out that this is part of a requirement under the pre - annexation agreement that they be annexed into one Councilmanic District until the next municipal election which is in November. He asked if there can be an imbalance in the number of residents in a district. City Attorney Burnham reported that Council Members are nominated from districts and have to reside in that district during their term; however, they are chosen at- large. He stated that he does not believe the imbalance presents any constitutional or statutory problem. He indicated that his office will Volume 54 - Page 650 IICI11W► Airport Area Devel. Cmte (24) BA -026 Library Staff Education (40/50) Ord 2002 -1 Redistricting (33) City of Newport Beach City Council Minutes January 8, 2002 INDEX conduct additional research on this issue. Council Member Adams stated that he was absent when this was discussed and that he does not understand why the City is not completely redistricting at this time. He noted that the staff report discusses that voters may be confused and asked what was wrong with balancing the districts now and possibly redistricting again if another annexation occurs. Mayor Pro Tern Bromberg stated that he chaired the Redistricting Committee with Council Members Proctor and Heffernan, and explained that it did not make sense to keep redistricting since the impact only occurs to District 7 and Newport Coast. Council Member Adams expressed concern that the Committee felt that, after this redistricting, the City would not take this on again for a couple of years. He stated that he assumed this proposal would only be in place for three months until Santa Ana Heights is annexed. He believed that there should be balanced districts six months prior to the next election (May 2002) to give people an opportunity to run for City Council. He stated that, if it was not the intention of the Committee to redistrict before May, he cannot support the recommendation. Council Member Glover believed that the rationale did make sense and was not made because the voters would be confused. She stated that it is perceived that growth would occur in the City, but with the exception of the Newport Coast annexation, it has not happened. She indicated that it would be logical to redistrict when the other annexations occur. She expressed the opinion that the Committee did the right thing since there has not been enough changes to bring about a total redistricting. Council Member Adams asked what could be worse than a 6,000 people imbalance in one district. Mayor Ridgeway reported that, after the next election, a redistricting will occur. Motion by Council Member Proctor to introduce Ordinance No. 2002 -1, modifying Councilmanic Districts. Nancy Skinner stated that Council Member Adams makes a lot of sense and indicated that she does not understand the action being proposed. Mayor Ridgeway pointed out that the City is honoring a negotiation that lasted three years. Council Member Adams emphasized that he is not implying that the City not honor the agreement, but noted that several alternatives were presented to Council which still honors the agreement and balances the districts. Mayor Ridgeway reported that each of the Council Members were elected in their districts and now, by redrawing them, the people who voted and fought for you during the election will be disenfranchised. Council Member Heffernan stated that he agrees with Council Member Adams and that this is the critical time to redistrict. He pointed out that, since District 7 will become very large and is not up for election in November 2002, Council is eliminating potential candidates who might Volume 54 - Page 651 City of Newport Beach City Council Minutes January 8, 2002 K. run in District 6. He believed that Alternative 3 is a better balance. Council Member Adams added that, if redistricting is done equally, things would be corrected in the next election. However, tonight's recommendation creates a major imbalance in the districts and perpetuates it through an election. He reiterated that he thought that Council was going to redistrict three months after the anticipated annexation of Santa Ana Heights. Council Member Heffernan noted that the Committee also discussed the potential development of Banning Ranch; however, because of changes to the project, it is not likely to proceed as quickly. He stated that this would have created a more balanced population on both sides of the bay. The motion carried by the following roll call vote: Ayes: Bromberg, Glover, Proctor, Mayor Ridgeway Noes: Heffernan, Adams Abstain: None Absent: O'Neil 13. MEMORANDUM OF UNDERSTANDING WITH POLICE MANAGEMENT ASSOCIATION. Council Member Heffernan indicated that he inadvertently pulled the wrong Consent Calendar item. Motion by Council Member Glover to approve the salary, retirement and benefit adjustments equivalent to those provided to other Police employees; and approve the MOU. The motion carried by the following roll call vote: Ayes: Heffernan, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: O'Neil Bob Coyle, 1800 S. Grand Avenue, Santa Ana, stated that he is the Manager at Waste Management of Orange County. He reported that they provide trash collection and recycling services in the Newport Coast area. He congratulated the City for annexing the area and thanked it for the opportunity to continue solid waste collection services. He reviewed the services they provide and assured everyone that Newport Coast will help the City maintain its outstanding recycling record and assist in meeting the State's 50% recycling requirement. Mr. Coyle reported that Waste Management, jointly with the City, sent all the Newport Coast residents a letter over the holidays that explains how the annexation affects their solid waste collection and discusses the cost reduction. Volume 54 - Page 652 INDEX C -2932 Police Management Association MOU (38) City of Newport Beach City Council Minutes January 8, 2002 Jim Hildreth, 120 The Grand Canal, presented a Request for Documents and Government Code Sections 6250 to 6270 for Public Information Officer Jackson. He believed that the Americans with Disabilities Act (ADA) wording on the agenda needs to be restated and read into record that "The City Council Members have received detailed staff reports on each of the items recommending an action." He indicated that he has been made aware that Balboa Island is called Area 5 by the City, but remembers that it used to be called Cagney Island and that Robert Cagney had a mining operation. He asked when the City obtained the mining rights. Mr. Hildreth noted that Council Member Proctor asked about possibly having the Sheriffs Department take over the duties of the Harbor Department and requested the case number for this. Russell Niewiarowski, 20102 Kline Drive, Santa Ana Heights, stated that Newport Coast has a short time to get up to speed on the airport issue prior to the El Toro reuse being on the March ballot. He noted that Airport Working Group (AWG) Volunteer Bonnie O'Neal claims that, as a longtime resident, you will eventually not notice that the planes are coming from the John Wayne Airport (JWA). However, he stated that the planes and noise are still there, will never go away, and will actually increase. He indicated that, as an immediate neighbor to JWA, no one knows more about the negative impacts of living next to the airport. He added that he knew he was moving next to an airport with curfews and restrictions, and does complain to the airport when it violates its own restrictions. He stated that Newport Coast residents can either pretend to enjoy JWA's noise, move, or educate themselves and others on securing a reasonable and responsible airport at El Toro, specifically by supporting the V -Plan. He emphasized that it has never been his desire to close down JWA and asked where Newport Coast stands. Charles Griffin, 732 Bison Avenue, presented Council with a copy of his response to Environmental Impact Report (EIR) 582 relative to the JWA extension. He stated that he has been studying the Airport Noise and Capacity Act of 1990 and noted that it states that the existing agreement can be amended as long as it does not make it more restrictive. He initially felt that the City had a right to extend the date on the existing agreement; however, he now believes that the agreement cannot be extended past 2005, even with less restrictions, because an airline could feel that any restriction is considered more restrictive since there are supposed to be no restrictions after 2005. Mr. Griffin added that the City should not agree to add four more gates and extend the runway in exchange for extended restrictions on flights that the County is not able to guarantee. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES — None. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 20. PLANNING COMMISSION AGENDA FOR JANUARY 3, 2002. Planning Director Temple reported that Item 1 (Cannery Lofts) was Volume 54 - Page 653 INDEX Planning (68) City of Newport Beach City Council Minutes January 8, 2002 continued to February 21, 2002, to allow for the completion of technical reports. Regarding Item 2 (405 Dahlia Avenue), she stated that it was approved. Regarding Item 3 (The Cannery Restaurant), the Planning Commission upheld an appeal by the applicant and allowed the restaurant to maintain all existing signs and erect a new wall sign which the Modifications Committee approved. Regarding Item 4 (Beacon Bay Auto Wash), she reported that a total renovation and upgrade was approved. Regarding Item 5 (MFR District Height Limits), the Planning Commission initiated consideration of an amendment to the Maximum Floor Ratio (MFR) height limits in Corona del Mar. She noted that they did not specify a height, but asked staff to come back with a policy analysis relative to the three options in the staff report. In response to Council Member Heffernan's questions regarding Item 5, Ms. Temple stated that, currently, the MFR height limit can be four -feet higher than the height limits in the R -1 and R -2 districts. She reported that, in the areas in which the MRF abuts R -1 and R -2 districts, residents feel that the height limits should be equal. In response to Council Member Glover's questions regarding the Cannery Lofts, Ms. Temple indicated that the item had its second public hearing last Thursday. She noted that this is not a project that automatically comes before Council; however, the subdivision map does come before Council for final approval. Without objection, the item was received and filed. N. PUBLIC HEARINGS 21. DESIGN STANDARDS FOR MOBILE HOMES ON INDIVIDUAL LOTS (PA 2001 -223) — AMENDMENT TO CHAPTER 20.60 (SITE REGULATIONS) TO ESTABLISH DESIGN STANDARDS FOR MOBILE HOMES ON INDIVIDUAL LOTS. Planning Director Temple reported that the proposed regulations establish minimum design and development standards for the installation of mobile homes in residential districts. Council Member Heffernan expressed concern that the standards indicate that mobile homes have to be newer than ten years old. City Attorney Burnham confirmed that this is part of the State Code and, therefore, the City is allowed to have this standard. Mayor Ridgeway opened the public hearing. There being no public testimony, he closed the public hearing. Motion by Council Member Glover to introduce Ordinance No. 2002- 2 approving Code Amendment No. CA 2001 -005 and pass to second reading on January 22, 2002. The motion carried by the following roll call vote: Volume 54 - Page 654 INDEX Ord 2002 -2/ PA 2001 -223/ CA 2001 -005/ Mobile Home Design Standards (68) City of Newport Beach City Council Minutes January 8, 2002 Ayes: Heffernan, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: O'Neil 22. QUICK APPEAL (PA2001 -190) — 1208 E. BALBOA BOULEVARD - APPEAL OF THE PLANNING COMMISSION DENIAL OF MODIFICATION PERMIT NO. 2001 -108 REQUESTING THE RETENTION OF AN EXISTING PATIO COVER THAT ENCROACHES 12 -FEET BEYOND THE ORIGINAL PROPERTY LINE INTO THE ABANDONED RIGHT -OF -WAY OF THE FORMER EAST BAY AVENUE. Planning Director Temple reported that this is an appeal of a Modification Permit denial. She stated that the Planning Commission upheld the denial and noted that the applicant provided information for Council to consider. She confirmed that this issue went before the Modification Committee and the Planning Commission, and were denied at both levels. Mayor Ridgeway opened the public hearing. Pete Pallette, 1210 E. Balboa Boulevard, stated that he lives next door to the Quick residence. He believed that the canopy was installed with an intentional disregard for the City's codes, conflicts with setback ordinances, impairs their view, obstructs their afternoon sunshine and evening sun, diminishes the value of surrounding properties, is injurious to his family and the neighborhood, results in the partial destruction of the tranquility of the neighborhood, and lends itself to a future enclosure. He expressed the opinion that, if it is allowed to stand, it sets a bad precedence for future violations. He believed that, for all these reasons, the canopy will be detrimental to the health, safety, peace, comfort, and general welfare of the neighborhood. Mr. Pallette indicated that Mr. Quick has tried to make a case for selective enforcement by touring the bay, noting locations with similar violations, and turning them into the City for enforcement. He believed that this is not a justification for allowing the canopy and that the appellant was rightly denied after he applied for the permit after the fact. Further, he pointed out that Mr. Quick's appeal was unanimously denied by both the Modification Committee and the Planning Commission. He indicated that Council is aware of the neighborhood's and the Balboa Peninsula Point Association's opposition, and noted that six months have been invested in this. He requested that Council deny the appellant's request and promptly remove the illegal structure and canopy. In response to Council Member Glover's questions, Mr. Pallette indicated that the canopy has been up since about June 6, 2001, the City has been aware of it since June 12, 2001, and the issue has been in the City's process since it was aware of it. Council Member Glover reported that she has areas in her neighborhood with illegal structures that have never gotten into the City's process. Volume 54 - Page 655 INDEX PA 2001 -1901 Quick Appeal/ 1208 E Balboa Blvd/ Modification Permit 2001 -108 (68) City of Newport Beach City Council Minutes January 8, 2002 INDEX Gary Quick, 1208 East Balboa Boulevard, distributed the 27 documents he has submitted throughout the process. He stated that, if the City challenges this project in court, it may be limited to raising only the issues that have been raised at the public hearing. He indicated that he was told by City officials to provide as many examples of awnings and patio covers because it would be helpful to his case, and that this information would be confidential. He believed that the information he gathered was actually used against him to make it look like he was on a crusade. Referencing the information he submitted on the other awnings and covers, he asked if any stop work orders were written, if permits were issued, and if the same standards were used with the other property owners. He indicated that he has letters from the City stating that there are no violations in the 1200 block of East Balboa Boulevard, except his; however, other City officials have told him that there are violations in the block. Mr. Quick reported that he has a tape recording of City officials from the first meeting thanking him for his politeness and restraint; and another recording which threatens to cut his appeal process and deny him due process. He stated that it was later determined that the approval of the structure would be detrimental to the neighborhood, but pointed out that the Commission determined that an awning encroachment would not be detrimental to the general welfare of persons residing or working in the area. He asked if Council would want to be forced to follow rules that do not apply to everyone. He stated that all he has asked for is equal treatment and stated that the letters he submitted will show a pattern. Mr. Quick reported that his wife was also treated with disrespect by City officials on two occasions. Further, when she came to City Hall for a meeting with a Senior Planner, the meeting ended up having the Senior Planner, Code Enforcement Officer, Planning Director, and City Attorney in attendance. Jim Hildreth, 120 The Grand Canal, believed that, if the structure is sound and is built within the property lines, he does not see a reason why it should not be allowed. Dan Gilliland, 1134 East Balboa Boulevard, requested that Council deny the appeal and order the removal of the patio cover. He stated that it interferes with the neighbors' views and is a detriment to the aesthetics and appearance of the neighborhood. He added that the cover was constructed with full knowledge that it was not in compliance with the codes. He stated that he would hate for the City to establish a precedence that encourages people to appeal their way to a permit. There being no further testimony, Mayor Ridgeway closed the public hearing. Council Member Proctor stated that, in order to allow this modification, Council must make a finding that the patio cover will not be detrimental to the health, peace, comfort, and general welfare of persons residing or working in the neighborhood. However, he believed that the Volume 54 - Page 656 City of Newport Beach City Council Minutes January 8, 2002 received does not place them in a position to make that finding Motion by Council Member Proctor to uphold the decision of the Planning Commission and deny the appeal. City Attorney Burnham suggested that the motion be amended to also adopt the findings made by the Modification Committee (handwritten pages 17 and 18). Amended motion by Council Member Proctor to uphold the decision of the Planning Commission, deny the appeal, and adopt the findings made by the Modification Committee. Council Member Glover reported that illegal structures in her district have been before Council and voted on, but have yet to be removed. She asked what insurance the neighbors have that the City will follow through. City Attorney Burnham stated that, if the appeal is denied, he intends to initiate action to remove the patio cover if the property owner does not volunteer to do so. He requested that Council Member Glover inform him about structures that Council has taken action on that have not yet been removed so he could take immediate enforcement action. He noted that the City may not be reimbursed for the removal costs and can only lien the property if it gets an award of fees. The amended motion carried by the following roll call vote Ayes: Heffernan, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: O'Neil 23. CAMCO PACIFIC CONSTRUCTION COMPANY (PA9001 -157) — 1811 QUAIL STREET — A REQUEST FOR A GENERAL PLAN AMENDMENT AND PLANNED COMMUNITY DEVELOPMENT TEXT AMENDMENT TO INCREASE THE DEVELOPMENT ALLOCATION WITHIN THE AIRPORT AREA 2 -7 (STATISTICAL AREA L-4), NEWPORT PLACE PLANNED COMMUNITY BLOCK G & H, WHICH WOULD PERMIT A 1,590 NET SQUARE FOOT ADDITION TO AN EXISTING OFFICE BUILDING LOCATED AT 1811 QUAIL STREET. In response to Council Member Heffernan's question, Planning Director Temple explained that the project will not trigger a vote under Greenlight. She reported that this project will be the first General Plan Amendment in Statistical Area L -4 and that, pursuant to the statutes, it will start the accumulation towards the totals. Mayor Ridgeway opened the public hearing. There being no public testimony, he closed the public hearing. Volume 54 - Page 657 INDEX Ord 2002 -3/ Res 2002 -5/ GPA 2001 -004/ PA 2001 -157/ Planned Community Development Text Amend. 2001 -002/ Cameo Pacific Construction Co./ 1811 Quail Street (45) City of Newport Beach City Council Minutes January 8, 2002 Motion by Council Member Glover to adopt Resolution No. 2002 -5 to approve General Plan Amendment No. 2001 -004 and Planned Community Development Text Amendment 2001 -002; and introduce Ordinance No. 2002 -3 and pass to second reading on January 22, 2002. The motion carried by the following roll call vote: Ayes: Heffernan, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: O'Neil O. CONTINUED BUSINESS 24. GRAND CANAL SHORE MOORING RELOCATION (contd. from 12/11/01). Assistant City Manager Mff reviewed the recommendations in the staff report and reported that a mooring is available around the corner, about 300 feet away, and provides access without steps or a pier. Council Member Adams asked if the City is leaving it up to the permittee to choose whether to relocate. Mr. Mff stated that, as recommended, the Harbor Resources Director would relocate the mooring. He added that the permittee is being assured the same rate since this is a City action. Jim Hildreth, 120 The Grand Canal, submitted documentation to enter into record: Type 1 and 2 Platform and Step Drawings (Standard Drawings 602 and 603); November 9, 1999, letter to Jim Hildreth from Tony Melum; November 12, 1998, letter to Bob McCaffrey (1410 South Bay Front) from Wes Armand; December 11, 2001, letter to Bob McCaffrey from Jim Hildreth (read paragraph 5); December 11, 2001 Doily Pilot article; March 14, 2001, letter to J.M. Hildreth from Tony Melum for Annual Residential Pier Permit Business No. MRS01590; April 24, 2001, payment for MRS01590; and photos. He believed that the current location does not hinder access and noted that the distance between the sand and bottom rung is about 1%2 feet. He stated that no one, other than himself, has complained that the location is unsafe. Noting that the original structure was removed, he indicated that it was usable and not in anyone's way. He asked if the City - installed ladder has a weight limit. Mr. Hildreth showed a photo of a property at the end of The Grand Canal that has been allowed a dock. He indicated that he will be giving Council copies of his other photos at a later date. In response to Council Member Adams' questions, Mr. Hildreth stated that his brother is the permittee and could not attend the meeting tonight. He stated that his brother granted him verbal permission to represent him but he does not have anything in writing that legally states this. He indicated that his brother would not accept the relocation. Volume 54 - Page 658 INDEX Shore Mooring Relocation (51) City of Newport Beach City Council Minutes January 8, 2002 INDEX Council Member Adams referenced the staff report which states, "The current holder of this shore mooring would have the option of moving to the new location or remaining at the current location." City Attorney Burnham stated that he recommends giving the permittee the option to relocate or to maintain the shore mooring at its current location, rather than requiring the relocation. Council Member Adams asked if the City has the authority to terminate the permit since no access will be provided to the current location after the ladder is removed. Mr. Burnham clarified that the City has the authority to require the relocation, but would be in a better legal position if it presented additional evidence that supports the grounds for exercising authority to require relocation or termination of the permit. Mr. Kiff noted that, to his knowledge, the City has not received any type of communication from the permittee. In response to Council Member Proctor's questions, Mr. Burnham reported that the mooring has been there since about 1976 and the access, before Mr. Hildreth constructed the illegal pier, was supposed to go over the bulkhead and land on the sand. He expressed the opinion that the City has no obligation to provide access to a private shore mooring and there is no Americans with Disabilities Act issue relative to private shore moorings. He reported that the City has the ability to require relocation, but he would be more comfortable if there were additional facts and findings to support that decision. He stated that, if the permittee determines that he does not want to accept the offer of relocation, Council can exercise its authority at a subsequent meeting to require relocation or terminate the permit. Council Member Adams stated that, if the City requires the relocation, it should offer the break in fee. However, if it is an option, he does not know why a break in fee should be offered, especially since the City already waived the penalties for the construction of the illegal pier. Mayor Pro Tern Bromberg stated that he spoke with Mr. Hildreth who indicated that he wishes to stay at the location, not withstanding the fact that there will be no access. He stated that it is his understanding that, unless the permitee's property abuts this area within 30 feet, the permittee cannot build a structure. Mr. Burnham reported that this has been a longstanding Council Policy (Harbor Permit Policy). Further, permits can only be issued that are consistent with the Policy. He noted that Policy H -1 reserves, to the abutting upland owner, the right to apply for a pier permit and it is within Council's jurisdiction to approve or deny the application. He stated that there has been a residential pier permit issued to Mr. Hildreth's address, 120 The Grand Canal, for an extended period of time and that no bay property has two residential pier permits issued to it. He emphasized that only the littoral owner has the right to pier out. Mayor Pro Tem Bromberg reported that there is a pier at the northwest corner of The Grand Canal and asked that staff look into who owns it. Motion by Mavor Pro Tern Bromberg to 1) direct staff to remove the Grand Canal access ladder; and 2) authorize the Harbor Resources Volume 54 - Page 659 City of Newport Beach City Council Minutes January 8,2002 Manager to offer the option of relocation of existing Grand Canal moorings to a more accessible location with a written acknowledgement to the Harbor Resources Manager from the permittee that he recognizes that there will be no access. City Manager Bludau noted that the City has statements on record by Mr. Hildreth at every Council meeting for the last year relative to the ladder being unsafe. Mayor Pro Tem Bromberg added that the Public Works Director has also acknowledged that it is unsafe and should be removed. The motion carried by the following roll call vote: Ayes: Heffernan, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: O'Neil 25. APPOINTMENTS TO THE NEWPORT COAST ADVISORY COMMITTEE. Mayor Ridgeway reported that he and Council Member Heffernan interviewed all the applicants to the Newport Coast Advisory Committee and that he is recommending that Council Member Heffernan, Jack Butefish, Pat Fuscoe, and Donald Phelps (Alt.) be appointed. In response to Council Member Glover's question, Mr. Kiff confirmed that, as a result of the proposed appointments, the Committee will consist of all males. Philip Greer, 19 Bridgeport Road, stated that he is a member of A Simple Vote and that it is their desire to work within the organizational structure and give a voice to all the Newport Coast residents. He believed that, if the City excludes the voices of over 1,000 people who signed petitions from participating in the process, it will place those residents outside the system and create the appearance of an adversary relationship. He stated that the City has shown a willingness to consider all the Newport Coast residents' viewpoints by engaging in an initial dialogue with the group and pointed out that the group has repeatedly told the press that the City has made an extraordinary effort to respond to their request to be included. However, if the City appoints individuals to the Committee who have been out of touch with a large segment of the community, then the initial goodwill will be destroyed and the City will have shown an unwillingness to entertain and engage alternate points of view. He stated that the City was surprised by the sentiments expressed during the petition process and believed that this was due to a lack of communication by those who claim they represented the community. He stated that, if the City chooses to ignore the people that his group represents, the City is confirming their worst fears about annexation. He believed that the City can demonstrate its commitment to all Newport Coast residents by appointing someone from their group, preferably him, so a positive dialogue can continue. Volume 54 - Page 660 INDEX Newport Coast Advisory Committee (24) City of Newport Beach City Council Minutes January 8, 2002 INDEX Council Member Adams stated that he does not agree with Mr. Greer's statement that, if someone from the group is not appointed, they would be denied the opportunity to voice divergent views. He emphasized that all the meetings are open to the public. Council Member Heffernan stated that he spoke with Mr. Greer and that he told him that, if he continues the litigation against the City while he asks to be a part of the Committee, he will not make any headway. He added that the group had to drop the lawsuit to be considered fairly, but that has not happened. Mr. Greer pointed out that the judge who heard the lawsuit failed to disclose that he is a Newport Beach resident. He believed that the group has to at least go through the process to disqualify the judge. He stated that, once this occurs, the group has offered to talk about dismissing the lawsuit. Council Member Heffernan acknowledged that there is a difference between the group wanting to invalidate the annexation versus making sure the right judge hears the case. Mayor Pro Tem Bromberg stated that he has been following this mostly in the newspapers and that this is the first time he has met Mr. Greer. He expressed concern that Mr. Greer purports to represent over 1,000 people in Newport Coast, but he has never heard from him. He believed that, if there was an important issue, an individual that is representing that many people would have contacted someone on Council. He noted that the newspapers basically stated that the group will continue its lawsuit against the City if Mr. Greer is not appointed. He asked how Council is supposed to work with them if they threaten and continue to sue the City. Motion by Mayor Pro Tem Bromberg to confirm Mayor Ridgeway's appointments of Council Member Heffernan, Jack Butefish, Pat Fuscoe, and Donald Phelps (Alt.) to the Newport Coast Advisory Committee and the four Committee Members appointed by the Newport Coast Committee of 2000 (NCC2K) (Jim McGee, Gerry Ross, Daniel Wampole, and Al Willinger). Mr. Kiff announced that the Newport Coast Advisory Committee will meet at 5:30 p.m. on Tuesday, February 5, in the Newport Coast Elementary School's Multi- Purpose Room. Council Member Adams encouraged anyone who wants their voice heard by the Committee to speak at the meeting. Council Member Proctor pointed out that Council is only appointing one Council Member and two Newport Coast residents, while the NCC2K appoints four residents. The motion carried by the following roll call vote: Ayes: Heffernan, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: Glover Abstain: None Absent: O'Neil Volume 54 - Page 661 City of Newport Beach City Council Minutes January S, 2002 a] 26. LCP CERTIFICATION COMMITTEE — THE ESTABLISHMENT OF A STEERING COMMITTEE TO PROVIDE DIRECTION AND OVERSIGHT TO STAFF DURING THE LOCAL COASTAL PROGRAM CERTIFICATION PROCESS. Motion by Council Member Glover to 1) adopt Resolution No. 2002 -6 establishing the Local Coastal Program Certification Committee; and 2) affirm the Mayor's appointments of Mayor Ridgeway (Chair), Mayor Pro Tem Bromberg and Council Member Heffernan; and Planning Commissioners Selich, Kranzley, and McDaniel. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 27. AVIATION COMMITTEE MEMBERSHIP - NEWPORT COAST/NEWPORT RIDGE MEMBER. Motion by Council Member Adams to adopt Resolution No. 2002 -7 modifying the membership of the Aviation Committee to include a resident of the Newport Coast/Newport Ridge area. The motion carried by the following roll call vote: Ayes: Heffernan, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: O'Neil 28. APPOINTMENT OF AD HOC APPOINTMENTS COMMITTEE. Motion by Mayor Pro Tern Bromberg to confirm Mayor Ridgeway's appointment of Council Members Glover, Heffernan, and Adams to the Ad Hoc Appointments Committee for the newly - established Harbor Commission. The motion carried by the following roll call vote Ayes: Heffernan, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: O'Neil MOTION FOR RECONSIDERATION — None. Volume 54 - Page 662 INDEX Res 2002 -6 Local Coastal Program Certification Committee (24) Res 2002 -7 Aviation Committee (24) Ad Hoc Appointments Committee/ Harbor Commission (24) City of Newport Beach City Council Minutes January 8, 2002 R. ADJOURNMENT - at 8:45 p.m. in memory of Diane Bettencourt The agenda for the Regular Meeting was posted on January 2, 2002, at 2:15 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 663 INDEX