HomeMy WebLinkAbout09/12/2000 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
September 12, 2000 - 7:00 p.m.
STUDY SESSION - 5:00 p.m [Refer to separate minutes].
CLOSED SESSION - 6:00 p.m
CLOSED SESSION REPORT PRESENTED - None.
RECESSED AND RECONVENED AT 7:10 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Absent: None
Pledge of Allegiance - Council Member Thomson.
Invocation by Joseph Bentley, Orange County Director of Public Affairs,
Newport Beach Stake - Church of Jesus Christ Latter -Day Saints.
Proclamation to Russell Mycorn commending his heroic life saving deeds.
Presentation of Certificates of Appreciation to outgoing Board/Commission
Members - Dayna Pettit, 10 years, Civil Service Board; Clint Hoose, Jr., 8
years, Civil Service Board; Thomas Ashley, 4 years, Planning Commission;
and Jim Wood, 4 years, Board of Library Trustees.
CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
DISCUSSION. ACTION OR REPORT
(NON- DISCUSSION ITEM):
City Manager Bludau reported for Council Member Ridgeway that the study
session regarding the boardwalk will be conducted by the second meeting in
October.
In response to Council Member Ridgeway's question, Mr. Bludau indicated
that staff has already responded to a letter received by Council about
airplanes flying along the oceanfront.
Council Member Debay reported that the Newport Beach Police Department
Citizens Police Academy needs 10 to 20 more participants for Class No. 7
that begins September 28 at 7 p.m. She stated that the Citizens Police
Academy has been operating since September 1998 and that over 120
residents have attended this 12 week program. The courses include
instruction on patrol functions, problem - oriented policing, investigative
techniques, firearms use, and crime scene investigations. She reported that
Volume 53 - Page 586
INDEX
City of Newport Beach
City Council Minutes
September 12, 2000
the course is open to anyone who lives in the City, is at least 18 years old,
and has no felony convictions. She announced that anyone interested can
contact the Police Department's Community Relations Department at
633 -3662.
Mayor Pro Tem Adams stated that he spoke with the City Manager relative
to citizen concerns about the City's emergency response abilities during peak
summer traffic conditions and peak hour congestion on Coast Highway and
the Peninsula. He requested that a detailed report be provided on the City's
response times and specific tactics to address the peak traffic conditions. He
added that, if problems are identified, solutions should be found
immediately.
• Mayor Pro Tem Adams noted that he identified temporary storage facilities
at Bonita Canyon Park several months ago. He expressed hope that the long
term problem would be addressed by parks and recreation, and requested an
update on the process.
• Regarding the Citizens Police Academy, Mayor Pro Tem Adams reported
that he attended most of the graduation ceremonies and indicated that
anyone interested would find the program a fascinating investment of their
time.
• Council Member Glover stated that the first study session in October will
hopefully consist of ways to create motivation for more marine - related
businesses on Mariners Mile.
• Mayor Noyes wished his dad well tomorrow and announced that the love of
the family is with him.
CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF AUGUST 22, 2000. Waive reading of subject minutes,
approve as written and order filed.
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. THIS ITEM LEFT BLANK INTENTIONALLY.
CONTRACTS AND AGREEMENTS
4. AGREEMENT FOR THE INSTALLATION OF INTERNET
COMPUTER VIDEO EQUIPMENT AT NEWPORT BEACH
LIFEGUARD HEADQUARTERS (contd. from 8/8/00 and 8/22/00).
Continue to September 26, 2000.
Volume 53 - Page 587
C -3363
Lifeguard Video
Equipment
(38)
City of Newport Beach
City Council Minutes
September 12, 2000
INDEX
5.
AMENDMENT NO. 3 TO ORANGE COUNTY TRANSPORTATION
C -3051
AUTHORITY (OCTA) MASTER FUNDING AGREEMENT. Approve
OCTA Master
Amendment No. 3 to Cooperative Agreement No. C -95 -985 between the
Funding
OCTA and the City of Newport Beach.
(38)
6.
MEMORANDUM OF UNDERSTANDING WITH PART -TIME
C- 3362/Part -Time
EMPLOYEES UNIT, UPEC LOCAL 777. Item continued at the request of
Employees
the City Manager.
MOU (38)
7.
2000 -2001 SIDEWALK, CURB AND GUTTER REPLACEMENT -
C -3352
AWARD OF CONTRACT (C- 3352). 1) Approve the plans and
2000 -2001
specifications; 2) award the contract (C -3352) to LGT Enterprises, Inc. for
Sidewalk,
the total bid price of $128,325 and authorize the Mayor and the City Clerk to
Curb & Gutter
execute the contract; and 3) establish an amount of $12,000 to cover the cost
Replacement
of material testing and unforeseen work.
(38)
8.
BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS - AWARD OF
C -3198
CONTRACT (C- 3198). 1) Approve the plans and specifications; 2) award
Bayside Drive
the contract (C -3198) to GCI Construction, Inc. for the total bid price of
Storm Drain
$224,627 and authorize the Mayor and the City Clerk to execute the
Improvements
contract; and 3) establish an amount of $22,0000 to cover the cost of material
(38)
testing and unforeseen work.
9.
APPROVAL OF TRANSFER OF CAPACITY AGREEMENT FOR THE
C -3370
EAST ORANGE COUNTY FEEDER NO. 2. Approve transfer of capacity
OC Feeder #2
agreement and authorize Mayor and City Clerk to execute agreement.
(38)
10.
CONTRACTS APPROVAL - VIRAL AND COLIPHAGE TESTING IN
C -3371
STORM DRAINS AND TRIBUTARIES TO NEWPORT BAY. Authorize
Viral and
the Mayor to execute two contracts with the Southern California Coastal
Coliphage
Water Research Project (SCCWRP) and with the Regents of the University of
Testing
California for viral and f- specific coliphage testing in storm drains and
(38)
tributaries to Newport Bay.
MISCELLANEOUS ACTIONS
11.
PLANNING COMMISSION AGENDA FOR SEPTEMBER 7, 2000.
Planning
Receive and file.
(68)
12.
Removed at the request of an audience member.
13.
LOWER NEWPORT BAY EELGRASS RESTORATION PROJECT.
Eelgrass
Authorize the City Manager to sign a Letter of Intent authorizing the City's
Restoration
participation in the Lower Newport Bay Eelgrass Restoration Project as co-
Project
sponsors with the County of Orange and the Army Corps of Engineers.
(51)
14.
BUDGET AMENDMENT (BA -004) IN THE AMOUNT OF $147,360 TO
BA -004
APPROPRIATE DONATIONS TO THE LIBRARY ($127,000 -
Library
FRIENDS OF THE LIBRARY; $20,360 - OTHER DONATIONS).
(40/50)
Approve BA -004.
Volume 53 - Page 588
City of Newport Beach
City Council Minutes
September 12, 2000
15. FINAL TRACT MAP 15981 - 407 BOLSA AVENUE - A SUBDIVISION
OF FOUR PARCELS OF LAND INTO SIX PARCELS, FOUR OF
WHICH ARE DESIGNATED USE. Approve Final Tract Map 15981.
16. Removed at the request of Council Member Debay.
Motion by Mayor Pro Tern Adams to approve the Consent Calendar,
except for the items removed (12 and 16), and noting that items 4 and 6 were
continued.
The motion carried by the following roll call vote
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
ITEMS REMOVED FROM THE CONSENT CALENDAR
12. AFFORDABLE HOUSING TASK FORCE RECOMMENDATION ON
CIOSA REQUIREMENT.
Assistant City Manager Wood reported that three Council Members were
appointed to the Affordable Housing Task Force to assist the City in meeting
its affordable housing requirements and to update the Housing Element.
She indicated that the Task Force concluded that senior affordable housing
is the greatest need that the City has and are looking at a number of ways to
get projects of this type. She reported that the recommendation before
Council is to send a letter to The Irvine Company (TIC) advising them that
the City would like them to proceed with the development of an affordable
senior housing development on the Lower Bayveiw Landing site. She added
that this would satisfy the Housing Element requirements, in conjunction
with TIC's development of over 850 market rate units.
H. Ross Miller, 1627 Bay Cliff Circle, Advocacy Chairman and Senior
Housing Chairman of the Friends of Oasis Senior Center, expressed
appreciation, on behalf of the senior community, to Council Member Debay,
Mayor Pro Tem Adams, and Council Member Ridgeway for what they have
done. He indicated that they have been told numerous times by TIC that
they will move forward if they get a request from a majority of Council. He
added that, with TIC's track record, they are confident that any project
developed at the Lower Bayview Landing site will be a quality project. He
stated that they regard this project as a quality of life improvement since it
will assist several hundred seniors who are hard - pressed by the continually
rising rent in the City. He emphasized that seniors are not traffic generators
since they generally come with one or no cars and do their errands and
shopping during non -peak hours. He stated that they also anticipate the
operation of a van service once the facility is built. Mr. Miller reported that
his organization, City staff, and TIC have been talking with Link Housing of
Long Beach who has committed to providing social services and operating a
van service if they are chosen as the developer for this project; however, they
understand that the project will be going out to bid. He suggested that
Volume 53 - Page 589
INDEX
FTM 15981/
407 Bolsa Ave.
Lower Bayside
Landing Site/
Senior Affordable
Housing (68)
City of Newport Beach
City Council Minutes
September 12, 2000
Council include a condition for a van service when this project goes before
them for final approval. He added that this project is not a low- income
housing or HUD project since this is for seniors with an annual income of
about $38,000 a year. He indicated that rent will be $600 for a one bedroom
and $900 for a 2 bedroom residence, which is about half of what City
landlords are currently charging.
Carol Hoffman, The Irvine Company, stated that TIC has read the staff
report and understands the direction of the Task Force. She indicated that
they will be happy to meet with staff to look at the best way to implement
the direction of the Task Force and try to move forward in a way that will be
acceptable to all parties.
Margaret Mary Butt stated that she felt privileged to have lived in the City,
even though she currently lives in Laguna Beach through HUD housing, and
believed that the City may need HUD housing for some people to be able to
live in the City. She thanked Council Member Debay for talking with her
and emphasized that she would like to move back to Newport Beach.
Motion by Council Member Ridgeway to authorize the Chair of the Task
Force to advise The Irvine Company to proceed with development of senior
affordable housing on the Lower Bayview Landing site.
The motion carried by the following roll call vote
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
16. APPOINTMENT TO THE HARBOR QUALITY CITIZENS ADVISORY
COMMITTEE.
Council Member Debay introduced Alan Silcock. She announced that he is
the President of the West Newport Beach Homeowners Association, has been
active in West Newport for many years, and is a great contributor to some of
the community pride work in the area. She added that he lives in Balboa
Coves and is affected by the harbor water quality. She also thanked Rob
Thomas for the time he put into the Committee.
Motion by Council Member Debay to confirm Council Member Debay's
appointment of Alan Silcock as the District 2 representative to replace Rob
Thomas who has resigned.
Council Member Ridgeway stated that he also knows Mr. Silcock
happy that he will be joining him and Council Member Glover
Committee. He announced that Mr. Silcock's first meeting will be
Hall on October 5 at 3 p.m.
and is
on the
at City
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Volume 53 - Page 590
INDEX
Harbor Quality
Citizens Advisory
Committee
(24)
City of Newport Beach
City Council Minutes
September 12, 2000
Noes: None
Abstain: None
Absent: None
PUBLIC COMMENTS
INDEX
Dayna Pettit, 1741 Playa del Sur, President of the Balboa Performing Arts
Theater Foundation, stated that the Foundation has been working for 6.5
years to save and renovate the Balboa Theater. She reported that the plans
are currently in City Hall and that Phase I construction will begin as soon as
they receive their permit. She thanked Council for their support since the
City purchased the Theater in November 1998. She announced that they
will be having their 2 ^d Annual 5K Race on October 28 and suggested that a
City Council team, City staff team, Greenlight team, and Measure T team be
put together to run in the race.
Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, referred to a
USA Today article that asked if gridlock can be cured by expanding airports.
He stated that the response to the article was that using alternative sites,
like closed military fields, would be a better solution than adding more
runways like what was proposed at John Wayne Airport (JWA). He
indicated that another article in the newspaper listed 14 airports in the
nation that are under seam - busting traffic, but the head of the FAA stated
that those airports needed more runways because of time delays. He also
reported that Governor Davis signed a bill for $25 million to buy land around
the San Francisco airport which may help to build more runways.
Mr. Niewiarowski stated that many people in the County believe that
Newport Beach is on a crusade to move JWA to South County, but indicated
that this is not true. He added that he has never heard the City say they
want to close JWA but they just want to share the demand. He suggested
that the City have a "Coming Out Party" for Orange County and invite those
who are not aware of the nation's demand for airports to hear about the facts
from representatives from the FAA and the World Council of Airports. He
indicated that he supports the Council for recognizing the long term benefits
at El Toro and that utilizing it would help the region and protect the area
from over expansion.
Tom Hyans, Peninsula resident, stated that he participated in the second
class of the Citizens Police Academy and encouraged anyone who has the
opportunity to attend the program.
Mr. Hyans indicated that he would like to address a comment that was made
in January by staff regarding the Greenlight initiative and the project at 407
Balsa Avenue. He reported that the General Plan Amendment was
processed late last year and approved in January, and noted that the tract
map to allow six parcels for residential and commercial uses was approved
tonight. He stated that, in January, City Manager Bludau indicated that
this minor project would have required a vote of the people if the Greenlight
initiative was in affect. He indicated that Mr. Bludau's opinion was incorrect
and that he might have assumed that Planning Area A3 exceeded the 100
dwelling unit limit because the Old Newport Specific Area Plan (SAP) was
adopted with 145 dwelling units in 1992. He reported that, if Greenlight had
Volume 53 - Page 591
City of Newport Beach
City Council Minutes
September 12, 2000
INDEX
been in affect when the Old Newport SAP was proposed and the people
approved the SAP, the 145 dwelling units would not have counted toward
the initiative and the project would have gone forward without an election.
Assuming that Greenlight was in affect when the Old Newport SAP was
proposed and the people disapproved the SAP, he indicated that there would
be no units to count and the project would have still gone forward without an
election. Mr. Hyans indicated that, if Greenlight was introduced after the
1992 SAP was adopted, it is stated in the initiative that "the City is
encouraged to adopt guidelines to implement the Greenlight amendment and
that such guidelines could include resetting any or all concurrently
cumulative amendments for dwelling units, daily trips, and square feet of
commercial space back to zero." Mr. Hyans stated that, contrary to what is
being read daily in paid ads, Greenlight will not stand in the way of 100
square foot office additions, school expansions, church meeting halls,
restaurant renovations, or fire stations. He indicated that Greenlight will
require, but preclude at the same time, the need for public concurrence on
the really big and onerous projects beyond entitlement. He asked that
Council not allow staff to join Greenlight's opponents. He expressed the
opinion that Greenlight is a logical, thoughtful, and reasonable document
that was authored by the same people who authored the Traffic Phasing
Ordinance (TPO). Further, Greenlight will restore the TPO which served
the City well for 22 years until it was modified last November.
PUBLIC HEARING
17. NEWPORT DUNES RESORT (NEWPORT DUNES PARTNERSHIP,
GPA 97 -3(F)
APPLICANT) - A GENERAL PLAN AMENDMENT, ZONING CODE
PCA 878
AMENDMENT, AND PLANNED COMMUNITY DISTRICT PLAN FOR
Newport Dunes
THE 100 -ACRE NEWPORT DUNES PROPERTY AND A
Resort
CONCEPTUAL PRECISE PLAN FOR A HOTEL AND TIME -SHARE
(45)
COMPLEX WITH CONFERENCE, MEETING, AND BANQUET
FACILITIES, RESTAURANTS, A HEALTH CLUB AND SPA, RETAIL
AND SERVICES AREAS, AND SWIMMING POOLS AND
LANDSCAPED GARDEN AREAS (contd. from 6/27/00).
Motion by Mayor Noyes to remove this item from the calendar at the
request of the applicant.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
CURRENT BUSINESS
18. SUMMER MEETING SCHEDULE.
Summer
Meeting
Motion by Council Member O'Neil to table this item.
Schedule
(33)
Volume 53 - Page 592
City of Newport Beach
City Council Minutes
September 12, 2000
Tom Hyans believed that Council should take a meeting off during the
summertime and added that this is not an unreasonable request.
The motion carried by the following roll call vote
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
19. ANALYSIS OF POLICE OPERATIONS - JULY 4, 2000.
Chief McDonell showed a video of what occurs on the Peninsula during the
July 4 celebration. He noted that they have been doing the July 4 routine
since the late 1970s and that they try to refine their procedure every year.
He reported that the City posted informational warning signs about
prohibited activity at about 10 of the most frequently used entrances to the
City, the Utilities Department installed high- intensity lighting at 5 areas
that have historically been a problem, and the Building Inspection staff
assisted the Police with some of the rooftop parties that were problematic.
He reported that the number of arrests and citations were slightly down
compared to last year, but the Department felt the general mood of the
crowd was more belligerent than in previous years. He stated that they
continued to experience an inordinate amount of problems in the River
Avenue/Balboa Boulevard/Triangle area and that he put together an internal
task force to look at that issue, along with the entire closure approach on
Balboa Boulevard. He indicated that they would like to see something to
moderate the street -party atmosphere created every year. Even though
some visitors and residents do enjoy it, the atmosphere places an enormous
burden on the residents who feel trapped by the atmosphere and the City
staff who have to cope with it annually. He reported that every Police
position was manned on July 4, plus they utilized the services of the Orange
County Sheriffs Department. He emphasized that, with the amount of
people in the crowd, it just takes one incident to spark a reaction and that
this possibility requires the Police Department to be out in sufficient
numbers to discourage that type of behavior. He stated that they frequently
had to conduct sweeps down various side streets during the evening to clear
out the crowd in order to operate. He also reported that the Jack -In- The -Box
Manager had to call the Police Department to clear out the restaurant
because it was getting trashed.
Council Member Debay thanked the Chief and the Police Department for all
the work they do in the City. She indicated that this is unfortunate because
the day starts out fun and agreed that the residents who live on the
numbered streets are literally trapped in their homes. She added that she
appreciates that they are willing to look at some way to balance this;
however, reiterated that one incident could spark disaster.
In response to Council Member Debay's question regarding curfews or
limiting the number of people who could be on the street, City Attorney
Burnham indicated that Council could adopt a curfew under certain
circumstances and that his office can meet with the Chief to talk about some
Volume 53 - Page 593
INDEX
July 4, 2000
Police
Operations
Analysis
(70)
City of Newport Beach
City Council Minutes
September 12, 2000
options to keep people out of the streets and off the sidewalks. Further,
some repercussions may also fall on the property owner to create a
heightened sense of responsibility if there are building or zoning code
violations.
Council Member Glover stated that she visited the area twice on July 4 and
announced that she is very proud of the Newport Beach Police and Fire
Departments.
Council Member Debay requested that more staff reports be made available.
She also asked Mr. Silcock to take the report to the West Newport Beach
Homeowners Association and possibly print it in the newsletter so that
everyone understands the problems.
Mr. Burnham confirmed for Council Member Debay that limiting the
number of people that are in a unit can be written into a weekly renter lease.
He added that the City has also tried to give people the incentive in the short
term occupancy permit to rent their units responsibly. He reported that the
City can revoke the permit if there are repeated violations and that this is an
option the City can look at, particularly if the violations occur during certain
periods like the July 4 holiday. He noted that action needs to be taken
before all those people are in the area and indicated that this is something
they will look at more.
Laura Dietz, 325 Cameo Shores, led a round of applause for the Police
Department. She stated that the City cannot keep people from coming in,
but can mitigate the traffic problem by reducing the number of cars. She
recommended utilizing scheduled shuttle buses to alleviate the number of
cars and make it less of a hassle to get to beach.
Margaret Mary Butt believed that everything stems from respect and
believed that the people in the video were not raised to respect law and
order. She expressed the opinion that the behavior in the video was
disgusting and that the Police Department needs more personnel. She
indicated that the Newport Beach youth are absolutely rude. Council
Member Ridgeway took issue, stating that he is the City liaison for the
Youth Council and that kids from the City are generally good kids, are
respectful of the Police, and that a lot of what was seen on the video did not
involve the City's kids but a congregation of people from out of town.
The report was received and filed.
20. NEWPORT COAST & RIDGE /SANTA ANA HEIGHTSBAY KNOLLS
REORGANIZATION.
Deputy City Manager Kiff stated that Council will be making a decision in
two weeks on what is probably the largest and most complex annexation the
City has undertaken. He utilized a PowerPoint presentation to show the
three proposed territories for annexation. He reported that the 8 steps
involved with the annexation include: 1) adopting the resolution of
application which, if directed, will be placed on the next agenda; 2) filing an
application with the Local Agency Formation Commission (LAFCO);
Volume 53 - Page 594
1013 D1:1
Newport Coast
and Ridge/
Santa Ana Heights/
Bay Knolls
Reorganization
(21)
City of Newport Beach
City Council Minutes
September 12, 2000
INDEX
3) LAFCO reviewing the application and the City working on property tax
issues with the County; 4) LAFCO holding the first hearing; 5) opening the
protest window; 6) Council closing the protest window by holding a protest
hearing; 7) LAFCO and the State certifying the reorganization; and 8) the
City beginning to provide municipal services to the reorganization areas. He
explained that LAFCO is a State chartered body made up of two
representatives from the County Board of Supervisors, two Board of
Supervisors, two council members from the County appointed by the League
of California Cities, two members from special districts, and one at -large
public member. They are charged with deciding how local government
boundaries work and have a professional staff that advises them.
Mr. Kiff reported that this issue was brought before Council in October 1999
and that a number of things have changed since then. Regarding Newport
Coast, he stated that the City has reached an agreement with the Irvine
Ranch Water District (IRWD) which will allow them to continue providing
water, reclaimed water, and sewer services; rate protections were built -in for
the residents; two of their assessment districts were protected; and the
coastal section of Crystal Cove State Park, until El Morro School, has been
included. He indicated that terms and conditions have been developed for
Newport Coast (Exhibit C) and will be included in the proposal that will go
before Council on September 26. He noted that the terms and conditions
reflect negotiations that have gone on for about 2.5 years.
In response to Council Member Glover's question, Mr. Kiff indicated that
Newport Coast does have its own zip code (92627) and name even though
they do not have a post office. He also confirmed that the City will be
referring to this area as "Newport Coast," just as the City refers to Corona
del Mar and Balboa Island.
Regarding the property tax burden, Mr. Kiff explained that a tax bill for a
$500,000 home in Newport Coast would include a basic levy, two IRWD
special assessments, a County assessment, and Mello -Roos. He pointed out
that the huge County assessment is greater than the 1% basic levy, making
their tax burden about 2.4 %. He indicated that a similar home in the City
would not have the County assessment and probably not the Mello -Roos, and
that the tax burden would be about 1.03 %. He stated that the assessment
built most of the infrastructure in Newport Coast, including the streets, fire
station, street lights, sidewalks, etc. These are all things a city would have
built if it developed the area.
Regarding Santa Ana Heights, Mr. Kiff reported that the City is looking for
an appropriate site to construct a fire station since the Fire Authority may
be leaving its Campus station; is trying to address a concurrent application
for annexation by west Santa Ana Heights; is trying to see that the
redevelopment area expires and that the funds are used properly; and is
continuing to communicate with the community.
Regarding Bay Knolls, Mr. Kiff reported that the City has a similar
redevelopment issue as in Santa Ana Heights; and is having a challenge
with maintaining the boundaries as proposed because residents adjacent to
the boundaries have asked to be added.
Volume 53 - Page 595
City of Newport Beach
City Council Minutes
September 12, 2000
INDEX
Regarding Newport Coast, Mr. Kiff stated that community support and
communication is a big issue. Further, the City is trying to square away the
property tax transfer negotiations and the development agreement
associated with the development entitlement. He reported that the major
land owner, The Irvine Company, wants to make sure that any annexation
does not affect their ability to complete the build out as they are only 40%
built out. He noted that the staff report mentions that there is one issue of
contention still on the table; however, he announced that they are close to an
agreement.
Mr. Kiff announced that people can find out more about the annexation by
visiting the City's website (www.city.newport - beach.ca.us); emailing the City
by going into the City's website; and calling the City Manager's office (644-
3000). Further, the resident website for Newport Coast is newportcoast.org;
the email address for west Santa Ana Heights is jrt@pacbell.net; and the
email address for Bay Knolls is bayknolls @home.com. He added that
LAFCO can also be contacted at (714) 834 -2556.
Council Member Glover stated that people can generally tell what areas
have been annexed into the City because they have 5 -digit addresses as
opposed to the 3 -digit addresses in the original areas. She asked that
Mr. Kiff look into continuing this practice and determining what doing this
would entail.
Jay Taylor, 1631 Pegasus Street, Santa Ana Heights, stated that he is on the
committee that has filed an application with LAFCO to change west Santa
Ana Height's sphere of influence from Costa Mesa and announced that there
is almost unanimous resident support to be annexed by Newport Beach. He
reported that the problem they are facing is that LAFCO will not permit a
city to file an annexation application until the sphere of influence has been
adjusted. He requested the City's support in relation to their sphere of
influence application, understanding that both the City and Costa Mesa
have to handle this situation. However, he noted that there is consensus
from the Costa Mesa City Council that Santa Ana Heights is a community
and should be preserved as a community. This, in affect, requires them to
release their sphere of influence so LAFCO can approve the adjustment.
Council Member O'Neil stated that Council is on record that they want to
cooperate with Costa Mesa in the sphere of influence change and would
support the annexation of west Santa Ana Heights. Council Member
Ridgeway noted that he cannot participate in any issue regarding west
Santa Ana Heights since he owns property in the area.
Robert Hanley, 1601 Indus Street, Santa Ana Heights, thanked Council for
their consideration in assisting with their application. Regarding their
newsletter, he stated that they are also in the process of putting together
Santa Ana Heights' history to present to LAFCO so that they can see the
unity in the community. Council Member Debay congratulated him and his
neighbors for having unanimity.
Isabel Hernandez, 20362 Santa Ana Avenue, Santa Ana Heights, stated that
he has owned Country Club Convalescent Hospital since 1973. He thanked
Volume 53 - Page 596
City of Newport Beach
City Council Minutes
September 12, 2000
INDEX 1
Council for bringing them into Newport Beach so they could have a Newport
Beach address.
Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, stated that it
was a fun experience to put together the west Santa Ana Heights newsletter,
but it was more enjoyable to hand deliver it to each resident. He indicated
that he has been receiving unanimous responses to the official survey so far,
but final results will be provided to Council. He noted that they have been
working with the County on some of their long term ideas and is looking
forward to working on making Santa Ana Heights a positive place for
Newport Beach.
Jim McGee, 5 Pelican Hill Circle, Newport Coast, stated that Council
announced its intention to move forward with the annexation of various
areas, including Newport Coast, about 2.5 years ago. He noted that his
group delivered about 2,000 petitions requesting that Council hold off on the
annexation until the residents had the opportunity to understand the
process, explore other options, and make an informed decision. He reported
that a group was formed, Newport Coast Committee 2000 (NCC2K) which
was comprised mostly of the presidents from the homeowners associations.
He indicated that the "2000" represented the year 2000 and the number of
Newport Coast residents at that time. Newport Coast now has about 5,000
residents. Mr. McGee reported that the goals of the NCC2K were to develop
a sense of community within Newport Coast; come to the City to explore the
annexation option; and explore other options (i.e. stay unincorporated as
part of the County or form its own city).
Mr. McGee stated that a plan has been offered by the City as part of its Plan
of Services through annexation and announced that they are at the point
where they have negotiated as far as they could with the City and staff. He
expressed his appreciation to all involved. He indicated that Mr. Kiff is
working on some verbiage changes to the proposal but stated that he is
hopeful that NCC2K will be able to make a recommendation to the Newport
Coast residents soon. He reported that they publish a newsletter that
analyzes the complex annexation issues that face the community and have a
website to try to keep them informed. He announced that, on behalf of the
Newport Coast residents, the 2.5 year process has been very productive in
reaching an understanding for all the parties.
Council Member Ridgeway stated that he has been involved in the
negotiations for the past 2 years. He expressed the opinion that, even
though the process has been arduous and tedious, it has been fair and
reasonable. He complimented NCC2K for representing the residents well.
Motion by Council Member Ridgeway to direct staff to place a resolution
on the Council's September 26, 2000 agenda which will rescind Resolution
No. 99 -71 and adopt a new Resolution of Application requesting LAFCO's
initiation of proceedings to reorganize the territory known as Bay Knolls,
Santa Ana Heights, and Newport Coast and Newport Ridge.
Council Member O'Neil stated that he also participated in this process, along
with Council Member Thomson, and that everyone has come a long way. He
Volume 53 - Page 597
City of Newport Beach
City Council Minutes
September 12, 2000
INDEX
expressed his appreciation for the hard work on the part of both sides and
also expressed hope that the language will be refined so that Newport Coast
can be welcomed into the City.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
MOTION FOR RECONSIDERATION - None.
ADJOURNMENT - 8:50 p.m.
The agenda for the Regular Meeting was posted on September 6, 2000, at
2:15 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
Recording S#cretary
City Clerk V
QRH1A
Volume 53 - Page 598