HomeMy WebLinkAbout04/14/1997 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
April 14, 1997 - 7:00 p.m.
CLOSED SESSION - 5:00 p.m.
CLOSED SESSION REPORT PRESENTED - None
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR, MEETING
ROLL CALL
Present: O'Neil, Thomson, Edwards, Noyes, Mayor Debay
Absent: Hedges, Glover
Pledge of Allegiance - Council Member Noyes.
Invocation by Lloyd Dalton, City of Newport Beach Design Engineer.
Presented Proclamation for National Library Week - April 13 - 19, 1997.
is Recognized Toshiba American Information Systems, Balboa Bay Club, and
International Sports and Event Marketing Ltd., for coordinating the
Toshiba Senior Classic Golf Tournament.
Presented Proclamation to the sponsors of the Ensenada Race.
Presentation by the Orange County Burn Association of the 1996 Award for
Outstanding Merit honoring the members of the Fire and Marine
Department for their participation in volunteer public services to the
community in both fire- related and non fire- related activities.
Motion by Mayor Pro Tem Edwards to waive reading of the Minutes of the
Special Meeting (Study Session) and Regular Meeting of March 24, 1997,
approve as written and order filed; waived reading of Ordinances and
Resolutions under consideration and directed the City Clerk to read by
titles only. The motion carried by the following roll call vote:
Ayes:
O'Neil, Thomson, Edwards, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges, Glover
Abstain:
None
MATTERS WHICH COUNCIL MEMBERS WOULD LEKE PLACED ON A
FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON
• DISCUSSION ITEM):
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City Council Minutes
April 14, 1997
Council Member Noyes announced that the Graffiti Removal Hotline
telephone number is 644 -3333 and urged residents to call this number to
report graffiti so it can be promptly removed.
Mayor Debay requested that staff return with a report on the possibility of
providing a service to residents to strap down water heaters.
CONSENT CALENDAR
1. INTRODUCE ORDINANCE NO. 97 -16 AMENDING SECTION 5.10 OF
THE NBMC RELATING TO SPECIAL EVENTS.
2. Removed from Consent Calendar.
3. ADOPT ORDINANCE NO. 97 -13 AMENDING CHAPTER 5.15 OF THE
NBMC RELATING TO THE CALCULATION OF STORAGE DAYS
AND IMPOSITION OF CHARGES IMPOSED ON VEHICLES STORED
BY OFFICIAL POLICE TOW OPERATORS.
4. ADOPT ORDINANCE NO. 97 -14 APPROVING AN AMENDMENT TO
TITLE 20 OF THE NBMC TO ADD CHAPTER 20.46 (SPECIFIC PLAN
DISTRICT: OLD NEWPORT BOULEVARD) AND TO REVISE
DISTRICTING MAPS NUMBERS 5 AND 25 TO RECLASSIFY THE
AREA WITHIN THE PROPOSED BOUNDARIES OF THE OLD
NEWPORT BOULEVARD SPECIFIC PLAN FROM RSC -R AND RSC-
H -4 TO SP-9 [AMENDMENT 8561.
5. ADOPT ORDINANCE NO. 97 -15 APPROVING AN AMENDMENT TO
DISTRICTING MAP #42 TO RECLASSIFY SIX PROPERTIES
LOCATED OFF OF THE SOUTH SIDE OF MESA DRIVE, BETWEEN
BIRCH STREET AND CYPRESS STREET FROM THE
UNCLASSIFIED (U) DISTRICT TO THE AGRICULTURAL.
RESIDENTIAL (RA) DISTRICT AND AN AMENDMENT TO
CHAPTERS 20.00, 20.10, 20.65, AND 20.67 OF TITLE 20 OF THE
NBMC TO ESTABLISH REGULATIONS TO ALLOW THE KEEPING
OF LIVESTOCK AND TO REVISE MINIMUM LOT AREA AND LOT
WIDTH REGULATIONS [AMENDMENT 8551 (MESA DRIVE
REZONE).
RESOLUTION FOR ADOPTION
6. ADOPT RESOLUTION OF INTENTION NO. 97 -29 INITIATING AN
AMENDMENT TO CHAPTER 20.83 OF THE NBMC TO PROHIBIT
CONDOMINIUM DEVELOPMENT AND CONDOMINIUM
• CONVERSIONS IN THE R -1.5 DISTRICT (BALBOA ISLAND). Adopt
Resolution of Intention and refer to the Planning Commission for public
hearing.
Volume 51 - Page 190
i0 1
Ord 97 -16
Special Events (27)
Ord 97 -13
Official Police
Tow Charges/Fees
(27/40)
Ord 97 -14
Zoning
PCA 856
(94)
Ord 97 -15
Zoning
PCA 855
(94)
Res 97 -29
Condo Dvlpmnt/
Condo Conversion
(68)
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City of Newport Beach
City Council Minutes
April 14, 1997
Removed from Consent Calendar.
8. ADOPT RESOLUTION NO. 97 -31 APPROVING PARAMEDIC
SERVICE FEES PURSUANT TO CHAPTER 5.60 OF THE NBMC
(MODIFICATION OF PARAMEDIC SUBSCRIPTION PROGRAM BY
ADDING NEW MEMBER BENEFITS).
9. ADOPT RESOLUTION NO. 97 -32 SUPPORTING THE
CONSOLIDATION OF THE COUNTY SANITATION DISTRICTS OF
ORANGE COUNTY (AB 769).
CONTRACTS AND AGREEMENTS
10. Removed from Consent Calendar.
11. MACARTHUR BOULEVARD WIDENING - SEGMENT 2 (CONTRACT
NO. 2825(F)). Approve the plans and specifications for construction of
Segment 2 of the MacArthur Boulevard Widening project extending from
San Joaquin Hills Road to Ford Road; authorize the advertisement for
construction bids for Contract No. 2825(F); and authorize the payment of
$39,707 to The Irvine Company for providing replacement riparian
mitigation for the MacArthur Boulevard Widening Project.
12. BIRCH STREET BRIDGE WIDENING OVER STATE ROUTE 73
(CORONA DEL MAR FREEWAY (SAN JOAQUIN HILLS TOLLWAY).
Approve the plans and specifications for the construction of the Birch Street
Bridge Widening over State Route 73; and authorize the advertisement for
construction bids for Contract No. 2931(a).
13. STREET REPLACEMENT AND REPAIR AND TRAFFIC SIGNAL
DVIPROVEMENTS PROJECT (CONTRACT NO. 3139) AND
APPROVAL OF BUDGET AMENDMENT (BA -038). Authorize a budget
amendment to transfer Gas Tax funds in the amount of $421,000 from
various projects to the Street Replacement/Repair and Traffic Signal
Improvements project 7181- C5100354; and authorize the advertisement for
construction bids for Contract No. 3139.
14. JAMBOREE ROAD AND BALBOA BOULEVARD REHABILITATION
AND RIVER AVENUE STREET PAVEMENT OVERLAY PROJECT
(CONTRACT NO. 3010) AND APPROVAL OF BUDGET AMENDMENT
(BA -039). 1) Approve the contract plans and specifications and award
Contract No. 3010 to R. J. Noble Company of Orange for the total bid price of
$850,880.50; authorize the Mayor and the City Clerk to execute the contract;
and establish an amount of $50,000 to cover the cost of materials testing and
additional work; and 2) authorize a budget amendment to transfer Gas Tax
funds in the amount of $155,244 from the Birch/Mesa Realignment project
7181- C5100064 to the Jamboree Road and Balboa Boulevard Rehabilitation
Project 7181- C5100295.
Volume 51 - Page 191
1►I�
Res 97 -31
Paramedic Fees
(40/41)
Res 97 -32
O/C Sanitation Dist
Consol/AB 769 (48)
MacArthur Blvd
Wdng #2
C- 2825(F)
(38)
Birch St Bridge
Wdng(State Rt 73
C- 2931(a)
(38)
St Rplcmnt & Rpr
& Trffc Sgnl Insp
Prjct
C -3139 (38)
BA -038 (40)
Jamboree Rd &
Balboa Blvd
Rehab & River
Ave St Pavement
Overlay
C -3010 (38)
BA -039 (40)
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City Council Minutes
April 14, 1997
COMPLETION AND ACCEPTANCE OF EL PASEO STORM DRAIN
(CONTRACT NO. 3074). Accept the work; authorize the City Clerk to file a
Notice of Completion; and authorize the City Clerk to release the bonds 35
days after the Notice of Completion has been recorded in accordance with
applicable portions of the Civil Code.
16. STREET IMPROVEMENTS AT LA JOLLA AND CLIFF DRIVE
(CONTRACT NO. 3119). Approve the plans and specifications; award
Contract No. 3119 to Pacific Hydrotech Corporation for the total price of
$60,581.41 and an amount of $6,418.59 for testing and additional work; and
authorize the Mayor and the City Clerk to execute the contract.
MISCELLANEOUS ACTIONS
17. PLANNING COMMISSION AGENDA FOR APRIL 10, 1997.
18. Removed from Consent Calendar.
19. APPROVE BUDGET AMENDMENT (BA -037) TO TRANSFER $70,000
FROM THE LIBRARY DIVISION SALARY AND BENEFITS
ACCOUNT TO A CAPITAL PROJECT ACCOUNT FOR
REMODELING OF THE BALBOA AND MARINERS LIBRARY
BRANCHES.
20. BUDGET AMENDMENT (BA -036) TO APPROPRIATE FUNDS
RECEIVED FROM THE NEWPORT BALBOA ROTARY CLUB
FOUNDATION FOR SUPPLIES FOR THE SPECIAL OLYMPICS
BASKETBALL TOURNAMENT ($1,250).
21. SPECIAL EVENT PERMIT #97 -61 FOR THE 1997 WATER POLO
TOURNAMENT AT CORONA DEL MAR HIGH SCHOOL — MAY 6 — 11,
1997. Approve Special Event Permit #97 -61.
22. PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 14
(Newport Boulevard from 32nd Street northerly to north of the
Arches Bridge). Schedule a public hearing for 7:00 p.m. on May 12, 1997 to
determine whether or not an underground utilities district should be formed
along Newport Boulevard from 32nd Street to north of the Arches Bridge,
using the procedures outlined in Chapter 15.32 of the Municipal Code.
23. REPORT ON CITY OF NEWPORT BEACH WATER QUALITY
(Requested by Council Member Hedges).
Motion by Mayor Pro Tom Edwards to continue this item to April 28, 1997.
The motion carried by the following roll call vote:
Ayes: O'Neil, Thomson, Edwards, Noyes, Mayor Debay
Noes: None
Absent: Hedges, Glover
Abstain: None
Volume 51 - Page 192
El Paseo Storm
Drain
C -3074 (38)
LaJolla & Cliff
Dr St Imprvmnt
C -3119 (38)
(68)
BA -037
Library
(40/50)
BA -036
Comm Sery
(40/62)
Special Event
#97 -61 (27)
Undrgrnd Util
Dist #14
(89)
Water Quality
(89)
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City of Newport Beach
City Council Minutes
April 14, 1997
MOTION BY MAYOR PRO TEM EDWARDS TO APPROVE THE CONSENT
CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED (2, 7, 10 & 18). The
motion carried by the following roll call vote:
Ayes: O'Neil, Thomson, Edwards, Noyes, Mayor Debay
Noes: None
Absent: Hedges, Glover
Abstain: None
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. INTRODUCE ORDINANCE NO. 97.17 ADDING SECTION 9.04.205 TO
CHAPTER 9.04 OF TITLE 9 OF THE NBMC PERTAINING TO
SUPPRESSION AND CONTROL OF HAZARDOUS VEGETATION.
Fire/Marine Chief Riley explained that this is the introduction of an
ordinance that follows on the heels of a long and comprehensive process to
come to a set of standards to protect property in the areas that abut wild and
open space. Shortly after the Laguna fire the Council charged staff with
developing standards that could be implemented to reduce the threat of fire
in the Corona del Mar area and to develop standards that provide adequate
levels of protection for the firefighter should a fire occur in those areas. He
said that a number of meetings were held with representatives from
different groups, with the largest group being "The Friends of Buck Gully."
He said the group had fire protection consultants and landscape architects
working in concert with the City's fire staff and fire consultants to develop
the proposed standards. At the conclusion of the process, there was one area
of disagreement. The area in disagreement pertained to the level of
separation between existing trees that were in the fire defensible space zone.
Staff recommended that a minimum of 10 feet clearance be maintained
between every single tree. As a result of the discussions during the Public
Safety Committee deliberations, the standards were amended to strongly
recommend the maintenance of a tree canopy separation between existing
trees, but not require the separation. Subsequent to that time, the Council
received a letter from a group in the area who feel that the original
department standard that was introduced at the Public Safety Committee
meeting should be implemented. He said he believes a degree of standard
has been reached that will balance the concerns of the homeowners in that
area with the aesthetic beauty of the canyons and sound fire protection
principles that will provide an adequate defensible space for the firefighters
in the event of a fire.
Chief Riley reported that as a result of the Laguna and Oakland fires, the
Federal Emergency Management Agency (FEMA) of the U.S. Government
made grant funding available through the California Office of Emergency
Services to help with mitigation of wild areas for fire protection purposes.
The City applied and was granted matching funds of 75% federal money and
25% local money ($218,000). The money is to be distributed to the
homeowners affected by the ordinance to assist them in the mitigation of
their particular wild land problems.
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Ord 97 -17
Suppression
Hazardous Veg/
Fire
(41)
City of Newport Beach
City Council Minutes
April 14, 1997
• Stanley Behrens, representing "Concerned Home Owners Fire Prevention
Committee of Bucks Gully and Evening Canyon and Morning Canyon," said
that his committee is concerned that the proposed amendment ignores the
inflammable combustible nature of existing trees in the canyon. He urged
the Council to read the resolution and amend the proposed amendment. He
asked that the following wording be inserted, "All existing trees located
within the defensible space must be maintained in a manner that provides
10 feet of separation when measured branch tip to branch tip. For the
purposes of this document branch tip to branch tip is synonymous with the
term canopy to canopy. All (inflammable) non fire resistance tree branches
and shrubs, dead or dying, shall be trimmed or removed. There is no
separation requirements for fire resistance trees." He distributed photos of
trees throughout the canyon.
Council Member O'Neil clarified that Mr. Behrens would like to see the same
standard for all trees - new and existing; however the Friends of Buck Gully
want the standards (10' canopy) to apply to new trees only with the old trees
grandfathered in. He said he understands both sides of the issue and stated
that he will rely on the recommendations of the experts to provide him with
counsel on how to vote on the issue.
Council Member Noyes noted that the most important issue is fire
prevention and questioned whether that is what is being considered.
• Council Member Thomson said he does not want to mix the issues of fire
prevention and views and said he sympathizes with both groups. He said he
would like to receive more input from the citizens and the associations,
therefore questioned whether this item should be delayed.
In response to Mayor Debay, Chief Riley reported that the detailed inventory
of each property has not been started. He stated that in order to meet the
intent of the original standards, trees would have to be removed. He
explained the history of this issue and noted that there will always be sides
polarized on the debate about whether to allow unbridled growth or to
control growth. He said that if the City wanted to go all the way toward fire
protection, it would also require replacement of roofs, elimination of
combustible siding, dual glazed windows, etc. He said he believes this is a
good start and if staff finds there are significant issues that are not being
addressed, they can be brought back to Council.
Mayor Debay requested that staff come back to Council with a report when
the inventories are complete.
Motion by Council Member O'Neil to introduce Ordinance No. 97 -17
pertaining to suppression and control of hazardous vegetation
Mayor Pro Tern Edwards stated that this is a step forward and does not
preclude amendments to the ordinance or the inventory of the trees and
• allows the City to use the FEMA money.
Council Member Noyes asked if the Fire Department has a responsibility to
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City of Newport Beach
City Council Minutes
April 14, 1997
recognize trees that are a fire hazard and take action outside of the
ordinance to do something about them.
City Attorney Burnham said that if it is a public nuisance the City has
nuisance abatement procedures that can be followed to abate the problem.
Council Member Thomson said he believes in the proposal, however can't
support it because he believes there should be more input from individual
property owners and associations.
The motion carried by the following roll call vote:
Ayes:
O'Neil, Edwards, Noyes, Mayor Debay
Noes:
Thomson
Absent:
Hedges, Glover
Abstain:
None
7. ADOPT RESOLUTION NO. 97 -30 AMENDING THE CITY'S MASTER
FEE SCHEDULE FOR MUNICIPAL SERVICES RE: BUILDING,
RBR's, SPECIAL EVENTS, ETC.
City Manager Murphy explained that resolution will amend the City's
master fee schedule that was created when the KPMG study was adopted.
• There were a number of fees that were found in resolutions or other parts of
the municipal code that had not been brought into the master fee resolution,
therefore it is being done through this action. He said the specific reason he
pulled this relates to news rack permits. He reported that prior to the
KPMG study the permit fee was $15.00 and as a result of the study and the
full cost recovery the fee, was set at $300. Based on contacts received on this
item, staff looked at the number of units and determined that there had been
an error made and the fee should actually be $62.00. He proposed that the
news rack fee be returned on a temporary basis to $15.00 and referred to the
City Council Finance Committee for review and recommendation. He said
the fee should include the time spent by Public Works to review the
encroachment issues, as well as the time spent by the Revenue Division of
Administrative Services.
Mayor Pro Tom Edwards questioned the need to refer it to the Finance
Committee and suggested setting the fee at $15.00.
Mr. Murphy explained that if the fee is set at $15.00, the ordinance
establishing the cost recovery percentages will need to be amended since it
was set at 100 %.
Philip Bettencourt, 110 Newport Center Dr., #150, on behalf of the Building
Industry Association, spoke in support of the change to provide a volume
discount for repetitive plan checks.
Motion by Council Member Noyes to adopt Resolution 97 -30, modified to
reflect a temporary $15.00 permit fee for news rack permits, and to refer the
fee to the Finance Committee for review and recommendation to the full
Volume 51 - Page 195
Res 97 -30
Muni Srvcs
Fee Schedule
(40)
is
City of Newport Beach
City Council Minutes
April 14, 1997
carried by the following roll call vote:
Ayes:
O'Neil, Thomson, Edwards, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges, Glover
Abstain:
None
10. AGREEMENT FOR SEISMIC RETROFIT OF BALBOA THEATER.
Motion by Council Member Noyes to continue this item until April 28, 1997.
The motion carried by the following roll call vote:
Ayes:
O'Neil, Thomson, Edwards, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges, Glover
Abstain:
None
18. PROPOSED COUNCIL POLICY AMENDMENT — POLICY A -11,
RECORDING OF CITY COUNCIL MEETINGS (Requested by Council
Member Hedges).
Motion by Mayor Debay to refer the policy amendments to the Legislative
Committee for review. The motion carried by the following roll call
• vote:
Ayes:
O'Neil, Thomson, Edwards, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges, Glover
Abstain:
None
PUBLIC COMMENTS - None
24. CONSIDERATION OF METROPOLITAN WATER DISTRICT (MWD)
REBATE TO MEMBER AGENCIES.
Public Works Director Webb explained that due to some significant changes
in operations and projections for production of water, the Metropolitan
Water District (MWD) realized a $70 million savings in water costs in the
1995 -96 time frame. MWD has elected to distribute that to all of the
customers, therefore the City received a refund check in the amount of
$864,747. The Public Works Committee reviewed the various options
available for use of the funds and recommended that the rebate be
distributed in two different ways. Originally it was anticipated that water
rates would have to be increased by 6¢ per 100 cubic foot this summer,
however if $500,000 of the rebate could be used to offset the rate increase, it
could be postponed for at least one year and possibly two. The Committee
• recommended that the remaining $364,747 be returned to the customer as a
credit on their next water bill. Based on the 1995 -96 usage, the average
credit will be approximately $9.20 per customer.
Volume 51 - Page 196
INDEX
CJW, Inc.
C -3102 (38)
Council Policy
A -11 (69)
Water Rebate
(89)
•
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City of Newport Beach
City Council Minutes
April 14, 1997
Motion by Council Member O'Neil to authorize the Revenue Division to
implement the recommendation of the Public Works Committee and utilize
the rebate to delay a water rate increase for one year and provide for a one-
time rebate to customers based on water usage. The motion carried by
the following roll call vote:
Ayes:
O'Neil, Thomson, Edwards, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges, Glover
Abstain:
None
25. UNSCHEDULED VACANCY ON THE PARKS, BEACHES AND
RECREATION COMMISSION.
Mayor Debay reported that the Ad -Hoc Appointments Committee reviewed
the resumes of the applicants, conducted interviews and selected Terrence
Phillips and Timothy Brown as the two nominees. Both Mayor Debay and
Council Member Thomson commented on the quality and qualifications of all
of the applicants.
Motion by Mayor Debay to confirm the nomination of Terrance Phillips and
Timothy Brown with the appointment scheduled for April 28, 1997. The
motion carried by the following roll call vote:
Ayes:
O'Neil, Thomson, Edwards, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges, Glover
Abstain:
None
26. ORAL REPORT ON BONITA VILLAGE (Requested by Council
Member Thomson).
City Manager Murphy reported that during the recent meeting held to
provide an update on City goals there was a discussion about the property
referred to as Bonita Village. The discussion resulted from action that the
City of Irvine has taken within their sphere of influence, particularly after
the construction of the San Joaquin Hills Transportation Corridor. He
explained that the corridor has become a natural barrier between the two
cities and does not respect the sphere of influence lines which were
established many years ago through a LAFCO process. He reported that
staff met with the City of Irvine and the two school superintendents. The
City of Irvine has a policy that the City boundaries be consistent with the
school district boundaries and the quadrant is within the City of Irvine and
the school district boundaries. He said that it was represented in a meeting
last week that the Irvine Unified School District is not interested in seeing
this particular area shifted to the Newport Mesa Unified School District for
financial reasons. As a consequence, the City of Irvine is not interested in
adjusting the boundary since their policy is to have the boundaries
consistent. He noted that concerns were raised about what the City of Irvine
and the developer, The Irvine Company, has planned for this area.
Volume 51 - Page 197
PB &R
(24)
(No Report)
•
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City Council Minutes
April 14, 1997
n � �
Planning Director Temple distributed a map and a chart showing the
existing zoning entitlement of the City of Irvine for the part of Planning
Area 26 (Bonita Village). In this particular area, she noted that the zoning
would allow just under 2100 residential dwelling units in a medium high
density configuration and 55,000 square feet of community commercial.
Referring to an exhibit provided by The Irvine Company showing their
current state of planning for the area, she noted that it shows development
substantially less than the zoning would allow. She said the most important
change is that currently no residential development is anticipated for the
area between Old Ford Road and Bonita Canyon Road. She pointed out a
park site which has six residential building sites on it, a new school site (K-
8) and a church site on the development map. She noted that the plans
show 1000 units of attached multi - family and 300 units of single- family
detached, 800 less than the zoning would allow at that location. She said the
proposed development map shows a commercial site as shown on the
exhibits. She said there has not been any precise planning, however one
issue that the City will have to contend with is the desire to have the school
access off Old Ford Road rather than Bonita.
Public Works Director Webb explained that Old Ford Road is currently a
divided roadway with a median down the center with the City boundary
running down the middle of the median. The west bound section of the
• roadway adjacent to the parcel is in Irvine, therefore they will have the
responsibility of approving whatever curb cuts might be made on the
roadway. However, Newport Beach would have to be consulted if they were
to try to make a cut in the median.
Mr. Murphy said discussions were held with the Irvine Unified School
District about access and it was indicated that if access was difficult to
Bonita Canyon they may wish to visit with Newport -Mesa about having
students attend school in the Newport Coast area. However, he said the
master plan seems to indicate that there is access to Bonita Canyon, so it
would be to their financial interest to have them attend their own schools
and avoid the busing. He pointed out the former landfill area on the map
and noted that it is in no one's sphere of influence today and Area 26B that
is in Irvine's sphere of influence. He said the cities have discussed changing
the sphere of influence for area 26B so that it would become part of the City
of Newport Beach.
Ms. Temple confirmed that if the major access to the school site is on Old
Ford Road the traffic will definitely be increased. She also pointed out that
the development plan shows about 600 dwelling units for Area 26B. She
noted that the area isn't much larger than the Bonita Village area acreage
wise, however the density is much lower.
In response to Council Member O'Neil, City Manager Murphy reiterated
that the City of Irvine's policy calls for consistency between school district
• and city boundaries, however he believes that if the school district were not
opposed to it, the City also would not be opposed to it.
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City Council Minutes
April 14, 1997
• Mr. Murphy explained that the superintendent of the Newport -Mesa Unified
School District indicated that the district could serve this area more than
likely by opening a currently closed school (probably East Bluff). He said the
reopening of the East Bluff school would more than likely result in students
being moved and all of the schools would even out and the amount of busing
would be reduced. He reported that Newport Mesa Unified School District
would be very interested in having the area within their district given the
fact that they no longer rely on local property taxes alone and rely now on
state aid. He said the bottom line is the Irvine Unified School District is not
going to give up the students and unless the City of Irvine is willing to
change their policy, the area will remain within the City of Irvine.
Council Member O'Neil voiced concerns about the impact this area will have
on the City of Newport Beach and the fact that the City doesn't have any
authority over it other than perhaps trying to control access to the school,
which would only put the City at odds with the Irvine Unified School
District and the City of Irvine.
Mr. Murphy stated that he indicated to the parties that met last week that
unless the Newport Beach City Council wanted staff to pursue it further, the
issue would not advance further. He said he indicated that the Council may
wish to pursue it further, which would likely take the form of further
meetings of the school districts and cities, or letters to the elected officials in
• those agencies indicating the City's interest in making a change.
Mayor Pro Tem Edwards suggested, in light of the legitimate concerns that
have been raised, that the City establish some type of ad -hoc committee to
try to keep the lines of communication open with all of the agencies involved.
Council Member Thomson said that if the City were to pursue annexing this
area, it would have to make economic sense to Newport Beach and he
doesn't feel there would be enough income to offset the costs to serve the
area (sewer, infrastructure, etc.). He said more commercial and industrial
areas are needed to pay the bills. He said what the City needs to do is make
sure it doesn't impact the City any more negatively than it is already going
to. He said the City should have tried to change the sphere of influence
prior to the corridor being built. He said he believes this battle is lost,
however the City should look at other areas in the City so these types of
problems don't arise again.
Mr. Murphy explained that the Council already has an established school
liaison committee that can be utilized or a new committee can be
established.
Council Member O'Neil spoke in support of annexing the area so the City
can control the land uses and the impacts on the existing surrounding
neighborhoods.
• Motion by Mayor Pro Tem Edwards to receive the report and direct the City
Manager and City Attorney to advise the City of Irvine of the City's concerns
about impacts and that the City of Newport Beach doesn't consider the
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City of Newport Beach
City Council Minutes
April 14, 1997
annexation issue as a dead issue and wants to leave the door open, so that a
report can be brought back to Council (if necessary refer to Legislative
Committee). The motion carried by the following roll call vote:
Ayes:
O'Neil, Thomson, Edwards, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges, Glover
Abstain:
None
27. REPORT OF COUNCIL AD HOC COMMITTEE TO ADVANCE
NEWPORT CENTER ECONOMIC OPPORTUNITIES.
Mr. Murphy reported that this topic originated when the Council met in
their goal setting session in January and it started with Council Member
O'Neil's concept to create a Council committee called the Newport Center
Economic Opportunities Committee. He reported that in terms of the
current corporate boundary, the City is nearly built -out. The areas within
the corporate boundaries, particularly the commercial areas where there is
open area, is very limited. He said the City needs to look at current areas
within the City and the revenues produced from the commercial - industrial
assets and look long -term to see if there are ways to maximize the return so
that fully- funded quality services can be provided. He said one of the other
Council goals is long -term forecasting so they can look long -range into the
future to make sure there is sufficient income to support services. He said
the number one area in the City in terms of sales tax production is Newport
Center/Fashion Island. He said this area is a combination of office and retail
with a limited amount of housing and hotels. From the original Council goal,
discussions have been held at a committee level with the landowner, The
Irvine Company, about the concept of developing a long -range plan to
complete Newport Center in the future. From the discussions with The
Irvine Company, he said it is interesting to note that as they look at it from
the time Newport Center was created to where it is today, it has taken
almost thirty years. He said the City has asked The Irvine Company to look
at the next thirty years and ways to optimize Newport Center for not only
the City's benefit, the company's benefit, but also for the community's benefit
in terms of providing services. He said that staff is recommending a process
to undertake the review. He noted that the staff report contains a time line,
the staff hours, the consultant studies which would be necessary (EIR, traffic
study, project manager, etc.) to move that forward. If the Council is
interested in proceeding with this project, then internally he has designated
Planning Director Patty Temple as the point person for the City. He said the
recommendation is that Council give staff direction to implement the
recommendations of the ad -hoc committee. Those recommendations are to
retain the necessary consultants to undertake the studies needed to move
the project ahead.
Motion by Council Member O'Neil to receive the report and direct City staff
to implement the recommendations of the City Council Ad Hoc Committee to
• Advance Newport Center Economic Opportunities (NCEO). He explained
that this is a conceptual plan and a good long -term planning concept. He
said it will provide a source of future revenue to help finance municipal
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Advance Newport
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City Council Minutes
April 14, 1997
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services. He clarified that it is a plan that will occur over a period of time,
i.e. twenty years.
Council Member Noyes, speaking on behalf of Council Member Glover, noted
that she is concerned about the aggressiveness of the timeline and the public
accepting the whole proposition due to the fact that there was a referendum
on this issue in 1956.
Speaking on his own behalf, Council Member Noyes said he sees this as a
tremendous opportunity for the City to share in a decision - making
partnership with The Irvine Company to benefit Newport Beach
economically, as well as visually.
City Attorney Burnham clarified that in preliminary discussions held at the
committee level, there was an analysis of the costs the City would incur in
terms of staff time, which was essentially equal to the cost of consultants.
He said the agreement was that those costs would be shared equally.
Council Member O'Neil stated that the intent is to make sure the public is
fully aware of and understands what is being proposed, and he does not
believe it will be controversial.
Council Member Thomson said he believes the City can do better than what
• is outlined in the report. He said there are a member of different properties
that the City is asking The Irvine Company to give the City as open space,
which is frankly junk property. He noted that this is the last bit of property
available in this area and the City is only asking for little pieces here and
there and he believes the City can do better.
Council Member O'Neil said that if this is approved, the City will be granting
significant entitlement to The Irvine Company and hopefully the City will
see this project built out over the next 15 or so ,years that will guarantee an
income stream. He emphasized that this will be a negotiated quid pro quo
and will be incorporated into a development agreement, in which The Irvine
Company will have certain vested rights that will inure to their benefit. He
said obviously the City needs to get something out of the deal that everyone
will feel is a benefit to the City. He said he wants every council member to
support this and in order to do so they must believe that the City is getting a
good deal. He said the City will not know what the terms will be until the
consultants have completed their studies and negotiations are entered into.
In response to concerns raised by Council Member Thomson, Council
Member O Neil explained that nothing is on the table and all there is so far
is a land use plan that has been put on the table for purposes of conducting
the traffic and environmental analyses. He said the decision to be made at
this time is whether to hire the consultants in order to get the plan off the
ground.
• Council Member Noyes reiterated that the City isn't doing anything other
than starting the process and opening the door to study the issue and the
things listed in the report are just suggestions.
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City Council Minutes
April 14, 1997
Turner.
In response to concerns raised by Council Member Thomson, Council
Member O'Neil stated that the community needs to understand what the
financial arrangement will be and what the City will get in exchange; and
The Irvine Company will need to have the financial analysis in order for
them to determine if the project is appropriate.
The motion carried by the following roll call vote:
Ayes:
O'Neil, Edwards, Noyes, Mayor Debay
Noes:
Thomson
Absent:
Hedges, Glover
Abstain:
None
None
The meeting was adjourned at 8:45 p.m. in memory of Celia
The agenda for the Regular meeting was posted on April 9, 1997 at 2:37 p.m.
on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
Recording Secretary
Mayo
City Clerk
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