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HomeMy WebLinkAbout04/24/2001 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 24, 2001 - 7:00 p.m. 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 riled. 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 Tem 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 INDEX 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 "EI Toro Yes" t- shirts, which Mayor Pro Tern 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 /RETAIL 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 Tern 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 INDEX Volume 54 - Page 220 AGREEMENT WITH CNC ENGINEERING. 1) Approve a Professional (38) 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 C -3333/ Balboa Village AMENDMENT NO. 5 TO PSOMAS AGREEMENT. Item continued. Project (38) 11. BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET, C -3277 DRAINAGE, LIGHTING, UTILITY IMPROVEMENTS, AND CITY Beacon Bay Assessment SEWER REPLACEMENT (C- 3277). 1) Approve the plans and District No. 79 specifications; 2) award the contract (C -3277) to GCI Construction for the (38/89) 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 C -3391 plans and specifications; 2) award the contract (C -3391) to LTG Construction BA -045 for the total bid price of $42,725 and authorize the Mayor and the City Clerk Balboa Yacht Basin to execute the contract; 3) establish an amount of $4,275 to cover the cost of Office Remodel unforeseen work; and 4) approve a budget amendment (BA -045) (38/40) appropriating $17,000 from the Tidelands Fund into Account No. 7231 - C2370574. 13. IRVINE AVENUE WATER TRANSMISSION MAIN REPLACEMENT C -3411 FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET — Irvine Avenue APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH Water Transmission DANIEL BOYLE ENGINEERING, INC. (C- 3411). Approve a Professional Main Replacement Services Agreement with Daniel Boyle Engineering (DBE) of Laguna Hills (38) 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. C -3415 1) Authorize the City Manager to sign a Project Cooperation Agreement and Lower Newport Bay Safe Harbor Agreement; and 2) authorize the City's participation in the Eelgrass Restoration Lower Newport Bay Eelgrass Restoration Project as co- sponsors with the (38) County of Orange and the US Army Corps of Engineers (US ACE). MISCELLANEOUS ACTIONS 16. REQUEST FOR PROPOSALS FOR SENIOR AFFORDABLE Senior Affordable Volume 54 - Page 220 City of Newport Beach City Council Minutes April 24, 2001 HOUSING. Approve and authorize staff to RFP. 17. APPOINTMENTS TO ENVIRONMENTAL AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC). Item continued. Motion by Mayor Pro Tern Ridgeway 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 Mayor 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 Mayor 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 Tem Ridgeway complimented Nobest, Inc. for being on time and on budget. Additionally, he stated that they worked well with the public. Motion by Mayor Pro Tern Ridgeway 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, referred to his letter of April 24, 2001, and 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 the 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 411, 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 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 Tern 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 Will X1:1 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 Tern 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 INDEX 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 Tern 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 Tern 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 INDEX 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 Mayor 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. INDEX 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 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 INDEX City of Newport Beach City Council Minutes April 24, 2001 Noes: hove 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 Mayor 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. ADJOURNMENT - 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. pullCO�v�i S.1&MAI, D�iPUi� City Clerk Recording Secretary dlcr��04 Mayor Volume 54 - Page 233 INDEX Ad -Hoc Appointments Committee (24)