HomeMy WebLinkAbout08/08/2000 - Regular MeetingE
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
August 8, 2000 - 7:00 p.m.
STUDY SESSION — CANCELLED.
CLOSED SESSION — CANCELLED.
CONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Glover, Ridgeway, O'Neil, Mayor Noyes
Absent: Thomson, Adams, Debay (excused)
Pledge of Allegiance Council Member Ridgeway.
Invocation by Paul Sansevieri, Chairman of the State of California for the
Christian Coalition.
Presentation by Cheryl Jaffe on Upper Newport Bay Interpretive Center.
After describing the Upper Newport Bay Interpretive Center and showing
• renderings of the 10,000 square foot facility, Ms. Jaffe invited everyone to the
opening of the Center on October 14 from 10:00 a.m. to 11:30 a.m. She announced
that anyone wanting more information can call 640 -6746 and stated that the Center
will be open everyday from 9:00 a.m. to 4:30 p.m.
Council Member Ridgeway explained that the Interpretive Center is part of a 700
acre Upper Newport Bay reserve that is administered by the County. He added that
the City and the Federal government will be spending $30 million in about 2 years
to dredge the Back Bay and create a better wildlife habitat in the Upper Newport
Bay Regional Park.
CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
DISCUSSION. ACTION OR REPORT
(NON- DISCUSSION ITEM):
Council Member O'Neil suggested that staff come back with thoughts on
having the City Council go dark in August or September.
Council Member Ridgeway requested that a study session be held to outlaw
four -wheel bikes on the Peninsula boardwalk. Mayor Noyes suggested that
staff look at all the uses on the boardwalks and sidewalks.
• Council Member Glover stated that she and Council Member Thomson sit on
the Ad Hoc Committee for the Arts and Education Center to look at the
• Newport Village site. She reported that they will be sending letters to the
homeowners associations in that area and that the environmental groups,
advocates for the Arts and Education Center, and other interested parties
need to get in touch with Community Services Director Kienitz to set up an
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Interpretive Center
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City Council Minutes
August 8, 2000
appointment to do a presentation before the Committee. She indicated that
Council has asked them to hold hearings on possible uses for the site and
announced that their next meeting will be August 30 at 8:00 a.m.
CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF JULY 25, 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.
RESOLUTIONS FOR ADOPTION
3. RESOLUTIONS FIXING THE EMPLOYER'S PERS MEDICAL
CONTRIBUTION FOR NEWPORT BEACH POLICE EMPLOYEES
ASSOCIATION AND NEWPORT BEACH UPEC, LOCAL 777, PART
TIME EMPLOYEES ASSOCIATION. Adopt the following: 1) Resolution
No. 2000 -70 fixing the employer's contribution under the Public Employees'
Medical and Hospital Care Act only with respect to members of the Newport
Beach Police Employees Association (NBPEA); and 2) Resolution No. 2000-
71 fixing the employer's contribution under the Public Employees' Medical
and Hospital Care Act only with respect to members of the Newport Beach
UPEC, Local 777, Part Time Employees Association (NBPTEA).
4. SALE OF BONDS FOR UNDERGROUNDING UTILITIES IN
ASSESSMENT DISTRICT NO. 78 (LITTLE BALBOA ISLAND). Adopt
Resolution No. 2000 -72 which sets forth the terms and conditions for the sale
of bonds and approves the Purchase Agreement submitted by the designated
underwriter for Assessment District No. 78.
CONTRACTS AND AGREEMENTS
5. SUPPLEMENTAL MOUs FOR PUBLIC SAFETY ASSOCIATIONS.
Approve the supplemental MOUs which contain provisions for implementing
the 3 % @55 enhanced retirement system in conjunction with corresponding
cost reduction measures in other areas.
6. OCEAN FRONT STREET END IMPROVEMENTS, 60TH, 62ND, CEDAR,
WALNUT, AND LUGONIA STREETS (C -3234) - COMPLETION AND
ACCEPTANCE. 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 year after Council acceptance.
7. Removed at the request of Council Member Ridgeway.
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Res 2000 -70/
Res 2000 -71
C- 2056/C -3362
PERS Medical
Police Employees/
Part Time Employees
(38)
Res 2000 -72
Assessment
District 78/
Little Balboa
Island (89)
C- 2932/C- 2056/C -2946/
C- 2060/C -2058
Public Safety
Employees (38)
C -3234
Ocean Front
Street End
Improvements
(38)
City of Newport Beach
City Council Minutes
August 8, 2000
• MISCELLANEOUS ACTIONS
S. PLANNING COMMISSION AGENDA FOR AUGUST 3, 2000. Receive
and file.
9. Removed at the request of an audience member.
10. REQUEST FOR CO- SPONSORSHIP FOR THE 2ND ANNUAL 5K
RUNIWALK FOR THE ARTS. Approve City co- sponsorship of the 2nd
Annual 5K Run/Walk for the Arts including: 1) support for City services not
to exceed $5,000; and 2) staff services of Wes Armand, City Manager's office,
to assist the Volunteer Run Committee.
11. SCHEDULE PUBLIC HEARINGS FOR PROPOSED RULE 20A
UNDERGROUND UTILITY DISTRICT NOS. 16,17 AND 18. Schedule
public hearings for 7:00 p.m. on September 26, 2000 to determine whether or
not Underground Utilities Districts 16, 17 and 18 should be formed.
12. PROCEDURE FOR ACCEPTING DONATIONS. Approve the new
procedure by adopting revised Council Policy F -3.
13. RESPONSE TO GRAND JURY REPORT - THE RAINY SEASON'S
FIRST FLUSH HITS THE HARBORS OF ORANGE COUNTY. Direct
staff to forward attached Grand Jury response (First Flush) to the Superior
• Court of Orange County and to the Grand Jury.
14. Removed at the request of an audience member
Motion by Council Member O'Neil to approve the Consent Calendar,
except for the items removed (7, 9, and 14).
The motion carried by the following roll call vote:
Ayes: Glover, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: Thomson, Adams, Debay
ITEMS REMOVED FROM THE CONSENT CALENDAR
7. AGREEMENT FOR THE INSTALLATION OF INTERNET
COMPUTER VIDEO EQUIPMENT AT NEWPORT BEACH
LIFEGUARD HEADQUARTERS.
Chief Riley stated that the agreement provides the City an opportunity to
enter into a public/private partnership, utilizing existing resources for the
benefit of the public. He reported that the camera system will allow the
lifeguards the ability to use two video cameras that already exist at the
Wedge and 56th Street and that an additional camera will be installed by
• Surfline at the lifeguard headquarters. He reported that Surfline will
publish this on the internet as part of their surf forecasting website and the
lifeguards will be given full control of the three cameras to observe specific
parts of the beach that the cameras cover. He stated that the cameras will
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Planning
(68)
Co- Sponsorship
5K Run(Walk
for the Arts
(62)
Underground
Utility Districts
16,17 & 18
(89)
Council Policy
F -3 (69)
Grand Jury Report
Water Quality
(51)
C -3363
Lifeguard Video
Equipment (38)
City of Newport Beach
City Council Minutes
August 8, 2000
• have full pan, tilt, and zoom (PTZ) capabilities and that this type of
technology is useful now that summer is almost over. Further, this will
provide them with more eyes on the beach in areas that are unstaffed. He
noted that they have been looking at this technology for two years but
budgetarily have not found a way to do it. This partnership will give them a
way to do this at no cost to the City.
Chief Riley confirmed for Council Member Ridgeway that Surfline will be
providing one additional camera at the headquarters that the lifeguards can
control by remote. He reported that the camera lens is a 20:1 zoom lens
which will allow them to zoom in about 300 yards with pretty good clarity.
He pointed out that camera limitations deal with inclement weather and
light conditions. He stated that, if this works well for them this year, they
are looking at placing a City funded camera in Corona del Mar.
Ted Diets, 4021 Aladdin Drive, stated that he was the owner /operator of
Surfcheck which is a surfing website very similar to Surfline. He indicated
that Surfcheck is and continues to be the largest website that provides surf
images around the world. He reported that Surfcheck also owned the
software that powers the cameras that Surfline uses. He noted that
Surfcheck was sold to Hardcloud in March, but Hardcloud relinquished
control of the software at that point. He stated that Hardcloud would like
the opportunity to talk with the City to possibly develop the same surf
camera infrastructure using Hardcloud's technology and that they can
• possibly also provide income to the City. He pointed out that they currently
have five stationary cameras in Newport Beach for about a year (one at
Blackies; 2 on 35th Street; and 2 on 56th Street). Mr. Diets emphasized that
they have the capability of installing PTZ cameras since the software that
powers these cameras also powers stationary cameras. Mayor Noyes stated
that Mr. Diets should talk with Chief Riley.
City Manager Bludau requested direction from Council with regard to
gaining revenue from this type of beach activity, noting that they are looking
at this from a public safety point of view.
Emphasizing that public safety is more important and that he would like to
proceed tonight, Council Member Ridgeway believed that Mr. Diets
presented an interesting proposition that the City should pursue further.
Mr. Bludau suggested limiting the Surfline agreement to one year in order to
look at other alternatives. City Attorney Burnham pointed out that the
agreement has an exclusivity provision (Section 2.c) which gives Surfline
exclusive rights for three years. Council Member Ridgeway requested that
the City Attorney review Section 2.c since the City already has cameras.
In response to Mr. Bludau's question, Mr. Diets confirmed that the cameras
they have located in the City are on private property and provide live
streaming video.
Craig Brown, 3503 Seashore Drive, stated that he is a security consultant
• and wanted to make the City aware that there are many companies that do
this. He pointed out that there is additional revenue that the City can
receive, noting that most locations do receive compensation. He reported
that a banner is also generally provided that can drive traffic to the City's
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homepage, create exposure for the City, and bring in additional revenue
from tourism. He believed that the advantages of having the City do this on
its own are additional revenue from the banners and having complete
control, noting that it costs about $1,800 to $2,800 per camera. However, the
disadvantage for the City providing the cameras is that it would receive less
exposure. Mr. Brown reported that one of these companies can show the
beaches but the City can also have other cameras that show the Harbor or
other places of interest, and then the City can sell its banners to businesses
within the City to create additional revenue. He emphasized that Newport
Beach has prime locations that may be the most dangerous spots (i.e. the
Wedge, the river mouth, the Point, and Little and Big Corona), but noted
that the dangerous spots are where surfers like to be. Mr. Brown requested
that the City take a look at all the options and not lock itself into something.
Ron Romanosky stated that he is opposed to placing a surf cam at the
Wedge. He stated that the Wedge is already overcrowded whenever there is
a south swell and noted that traffic and parking are already bad. He pointed
out that the visitors leave trash in the area, make a lot of noise, and conduct
offensive acts since there are no restrooms in the area. He believed that the
reach and power of the internet is not fully understood by many Peninsula
residents, and that the cameras would make existing problems larger and
turn them into year -round problems. He suggested that, if safety is really
the reason for installing the cameras, the cameras should solely be linked to
the lifeguard headquarters and there should always be lifeguards present
• when there are waves, rather than just have a lifeguard man a monitor. He
expressed the opinion that the cameras will have a negative affect on the
Peninsula residents' quality of life. He suggested that Council also look at
creating a bike path extension to the jetty, installing public restrooms, and
building a parking lot.
In response to Council Member Glover's questions, Chief Riley stated that
there are a number of cameras provided by many companies over the
internet that anyone can view; however, the City does not have exclusive
access to any of them. He stated that the agreement will give the City an
additional camera at the lifeguard headquarters and allow full control of the
cameras at the three locations to determine if there are trouble spots. He
stated that in the summertime there is no greater benefit than having every
lifeguard tower staffed and lifeguard unit patrolling the beach, but during
the winter they do not have the luxury in the budget to have that level of
coverage. He believed that the cameras give them the opportunity to view
the beach without having lifeguards in the towers.
Council Member Glover asked if having the cameras would make the public
file more litigation against the City. Mr. Burnham believed that the use of
the cameras could reduce the potential of injury which would reduce the
potential for litigation against the City. Further, the City would be better
capable of responding to situations that could conceivably result in litigation.
In response to Mr. Romanosky's comments, Council Member Ridgeway
• stated that the Wedge is already a worldwide attraction, is available for
viewing on the internet, and that the local newspapers and television
publicize when the waves are coming in from the south. He noted the
inherent conflict between a residential community and having restrooms,
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• parking, and the boardwalk. He emphasized that public safety is paramount
here, that he is satisfied that public safety will be served, and assured that
he will protect the residential community as best he can.
Noting that the agreement is for three years, Mayor Noyes asked what value
the City is receiving in return. Chief Riley stated that, if the City were to
install the camera, the City would need to buy all the equipment and have it
installed so that there would be live streaming video that would go into the
City's homepage. Further, control circuits would need to be developed that
allows the City to control them. He reported that they budgeted the last two
years to do this and that it was budgeted for about $3,000 for installation,
plus an annual cost of $4,000 for the telephone lines, control circuits,
maintenance, and operation. Mr. Diets reported that the initial cost of
installing a PTZ camera would be about $6,000 to $7,000; access to the
broadband cable would be about $125 a month for commercial internet
access; Hardcloud would take full responsibility for maintenance; and
Hardcloud also would have the capability of completely controlling each
system at the main office.
Mr. Diets stated that he respects Mr. Romanosky's opposition, but reported
that the cameras can also reduce the pressure on the beaches. He explained
that they found that, if a surfer drives to the beach without checking the surf
conditions on the internet, he will go into the water no matter what the
condition is since he drove the distance to the beach. However, if the surfer
• checked the surf conditions over the internet, it may deter him from getting
into his car. This reduces the pressure on the beach by one, there is one
less car going to the beach, and leaves one additional parking space.
In response to Mayor Noyes' question regarding revenue, Mr. Diets stated
that Hardcloud could pay up to $500 or $600 a month for the right to have a
camera at that location depending on the popularity of the beach and the
view to the beach. Further, they generally give the host/owner of the
resident free internet access for their home computers and Hardcloud's
computer. He reported that Hardcloud also can give the host an ad banner
that is worth about $600 -$700 a month and that a location can get up to
$1,000 a month on an individual location basis. Regarding the PTZ cameras,
Mr. Diets confirmed that Hardcloud has the ability to install them since it is
a universally -used software.
Robin Brogdon, Director of Operations for Surfline, 300 Pacific Coast
Highway, Suite 310, Huntington Beach, stated that they have been known
for the last 15 years as the premier surf, wave, and weather forecasting
business around the world. She reported that they disseminate information
to the public and have had a great relationship with the Newport Beach
lifeguards and other lifeguards in the State. She stated that, in addition to
providing access and override controls, they will continue to offer forecasting
services specific to City beaches through their weekly publication (The Wave
Fax); access to telephone recorded information that updates the forecast on a
daily basis; and Surfline personnel are available year- round. Ms. Brogdon
• reported that they get over 500,000 visitors to their site a month and noted
that Hardcloud was previously a subscription service. She stated that they
are also giving the lifeguards the opportunity to create a safety page for each
of the beach pages in order to educate the public about specific problems
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related to that location. She indicated that they have a camera installed at
Seal Beach's lifeguard headquarters, in conjunction with the Coast Guard,
and that they both have the capability of overriding the cameras in an
emergency situation. He reported that they have also had cameras installed
in Santa Cruz and Oceanside, and will also be installing one at Morro Bay.
Sean Collins, President of Surfline, 300 Pacific Coast Highway, Suite 310,
Huntington Beach, stated that they have been doing this since 1985. He
reiterated that they have a camera in Seal Beach, Santa Cruz, and
Oceanside, and they also update the weather daily. He added that Surfline
has developed new software that is pretty close to live television video and
stated that Surfline will have three PTZ cameras in Newport that will cover
a wide range of areas. He noted that Surfline is not just offering cameras,
but would like to offer the City lifeguards access to the existing cameras and
a camera at the lifeguard headquarters. He stated that they are unique
because of their forecasting capabilities and surf alerting that they have
been doing for almost 10 years.
Council Member Glover stated that when the City normally awards a
contract Council has figures, staff has worked out the competitive process,
and it is not brought before Council with people trying to sell them.
Motion by Council Member Glover to continue this to the August 22,
2000 Council meeting and direct staff to work with the other web cam
groups.
The motion carried by the following roll call vote:
Ayes:
Glover, Ridgeway, O'Neil, Mayor Noyes
Noes:
None
Abstain:
None
Absent:
Thomson, Adams, Debay
9. APPROVAL OF SPECIAL EVENT PERMIT FOR MS BAY TO BAY
BICYCLE TOUR.
Community Services Director Kienitz stated that this is a request to process
the MS Bay to Bay Bicycle Tour as the thirteenth special event. She
indicated that this event has occurred in the City before. She reported that
Council Policy I -8 limits these types of events to 12 events per year to try to
contain the activity that affects the City's public safety, staff and residents.
Following discussion, she explained that walking /running/biking events were
always limited to 12 events per year, and that the recent amendment to
Policy I -8 added limitations to surf events.
Terri Koberstein, 31 Brittany, stated that she chairs the planning committee
for the MS Bay to Bay Bicycle Tour and is representing the committee and
the National MS Society. She requested that the event permit be approved.
She stated that this is the premier fundraiser for the National MS Society in
Orange County, noting that they raise $500,000 from this event every year,
which is 30% of their annual budget. She reported that proceeds go towards
research and services to benefit the 3,000 residents in Orange County that
have multiple sclerosis, the #1 neurological disease of young adults. She
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stated that the race has started In Newport Beach for about 10 years without
any incident and that they would be leaving from Newport Dunes,
proceeding south on Coast Highway toward Carlsbad. They start the race
between 7:00 and 9:30 a.m. to minimize disruption to residents and allow
about 40 riders to leave every five minutes so that they can scatter the
riders. She indicated that the MS Society experienced a staff vacancy
between February and May which resulted in the permit not being filed.
Motion by Council Member Ridgeway to approve the issuance of a
special event permit for the MS Bay to Bay Bicycle Tour, October 7 -8, 2000,
pending final approval by the City departments reviewing the application.
The motion carried by the following roll call vote:
Ayes:
Glover, Ridgeway, O'Neil, Mayor Noyes
Noes:
None
Abstain:
None
Absent:
Thomson, Adams, Debay
14. SAN MIGUEL/PORT RAMSEY PLACE TRAFFIC SIGNAL.
Public Works Director Webb reported that the City currently has a contract
for the construction of four traffic signals. He stated that several weeks ago
they received comments from people in the adjoining community expressing
concern that they had not received notification regarding the project and
that they did not want a traffic signal at San Miguel and Port Ramsey. He
indicated that they normally do not send notices to residents in the adjoining
areas for these types of projects. He reported that Council asked Public
Works to generate a signal priority list in Fall 1998. They sent letters to
community associations throughout the City for input related to whether
they wanted traffic signals at various locations. He indicated that this
information, along with traffic counts and accidents reports, were applied to
the State's traffic signal warrants. He stated that the priority list was
brought before Council in August 1999 and pointed out that the San
Miguel/Port Ramsey Place traffic signal was #2 of 23 on the priority list.
Mr. Webb indicated that, if the City were to stop construction at this time,
the City would need to issue a change order and there would be some type of
settlement with the contractor to remove the signal from the contract. He
stated that staff believes this is a worthwhile signal installation because of
the location and improvement of traffic from Port Ramsey Place. Mr. Webb
added that Public Works does not feel there would be bypass traffic through
Port Whitby Place and Port Durness Place. In fact, the bypass would be
short circuited because it would be much easier for people to come out of the
shopping center and onto San Miguel Drive.
Peggy Stair, 2240 Port Durness Place, stated their homeowners association
was not notified, believing it would have been helpful two years ago to have
received notification. She indicated that she has lived there for 15 years and
that there has always been a lot of traffic that cuts from Spyglass Hill Road
to Port Durness Place, Port Whitby Place, and into the shopping center. She
believed that the best solution would be to close that entrance to the
shopping center and not install the traffic signal. She also noted that
Newport Coast is also using the Ralphs shopping center and believed that
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the traffic study that was done a year or two ago is not an accurate reflection
of the traffic in that area now. She requested postponement of the
installation.
Bill Beaver, 2306 Port Carlisle, stated that he supports the installation of
the traffic signal, reporting that children are having difficulty crossing the
street to go to Anderson Elementary School and that it is not safe for adults
either. He stated that San Miguel Drive was once a relatively safe, low
speed street but is now a commuter artery to Newport Center. He also
recalled that a vehicle was overturned at the intersection last year and
encouraged Council to continue the traffic studies on San Miguel Drive. He
also noted that he never received notice about the traffic signal installation.
Kaz Ochi, 2350 Port Aberdeen Place, stated that he is opposed to the signal
installation because he did not find out about it until recently and it will not
take away from the traffic. He believed that people will look at the signal as
a hindrance and decide to drive onto Port Whitby Place, Port Durness Place,
and Port Harwick Place. He also expressed concern with the Newport Coast
community cutting through their neighborhood. He believed that more
studies need to be conducted, especially because of the impact of the park,
and that this will create more traffic, not less.
Phil Harrington stated that the traffic signal will likely create more traffic
through their community than less and suggested that more studies be
• conducted. He asked what potential mitigation measures will be enacted if
the signal results in more traffic through the community. He stated that
this traffic light might need to be installed, but as a community they have
not seen enough traffic flow studies to come to the same conclusion.
Council Member Ridgeway believed that the City has traffic information that
is available to the neighborhood. Noting that he is a shopping center
developer and visited the site, he indicated that the attraction to the
intersection will not be a traffic signal, but the Ralphs shopping center. He
indicated that he has to accept the recommendation from staff and reiterated
that the intersection was #2 out of list of 23 intersections.
Motion by Council Member Ridgeway to continue with the installation
of the new traffic signal at San Miguel Drive and Port Ramsey Place.
The motion carried by the following roll call vote:
Ayes:
Glover, Ridgeway, O'Neil, Mayor Noyes
Noes:
None
Abstain:
None
Absent:
Thomson, Adams, Debay
PUBLIC COMMENTS
• Nan Morisseau stated that she is speaking on behalf of the Pacific Virtuosi
• Division of the Newport Beach Recital Series - Classical Chambers Music
Series. She stated that they will be presenting Beethoven's 230th Birthday
Celebration Tribute at 3:00 p.m. on Sunday, August 27 at the Irvine Barclay
Theater. She reviewed the program and stated that the artists are Artistic
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INDEX
Director and Pianist Leonid Levitsky, Clarinetist Michele Zukovsky, and
Cellist Boris Andrianov. Tickets can be obtained by calling the Barclay
Theater, Ticketmaster, or through their website at www.paciflcvirtuosi.org.
Jim Hildreth, 120 The Grand Canal, referenced Assessment District 78
(Little Balboa Island) and stated that he wonders if this Council placed
financial gain over personal safety and community wellbeing. He reported
that the City stopped allowing three story structures on Balboa Island in the
1970s because of public outcry and since the island could not support such
growth. He stated that he hopes that the upgrades in sewage and utilities
has not led the City to believe that the island will soon be able to support
growth. He noted that the Little Island Bridge is once again showing
movement cracks and hoped that the work will not further weaken it. He
reported that Associate Civil Engineer Tse indicated that, if a sewer line did
develop a crack, the smell and the island skirt will help to keep it from
contaminating the harbor waters. He noted that the assurance that the
island will not give off an odor is no longer being given.
• Charles Griffin, 732 Bison Avenue, stated that Caltrans has a division of
aeronautics and an associated public utilities code which mandates the
Airport Land Use Commission who creates an airport environment land use
plan. He indicated that the plan shows the estimated 20 year growth of
airports in the County and that all airports have this type of plan. He noted
that El Toro's plan has not been updated in 5 years and is due to be updated
• as soon as the Commission receives the Environmental Impact Report (EIR).
He stated that they have EIR -563 which states that the anticipated growth
for 20 years is going to be 28 million passengers a year, but believed that the
airport layout may be changed since the runways need to be rebuilt so that
the airplanes takeoff downhill into the wind and over undeveloped land. Mr.
Griffin utilized charts to demonstrate takeoff directions. He also reported
that the Irvine Planning Commission is reviewing a development of
Planning Area 17 (strawberry field area) which is in line with the open space
and takeoff from Runway 0119. He stated that The Irvine Company is
planning to build about 2,300 homes and a school in that area and expressed
the opinion that this development is not appropriate. He believed that, since
the planning of El Toro is still uncertain, there should be a moratorium on
that development. He expressed hope that the City will use its influence
with Mr. Bren who is a resident, controls The Irvine Company, and has his
business located in the City.
• Allan Beek, 2007 Highland Drive, stated that it is entertaining that those
who opposed the Traffic Phasing Ordinance (TPO) when it was adopted are
now proclaiming the TPO as the savior of the City and the excuse for their
anti - Greenlight initiative. He believed that they also identified their
initiative as the Traffic Phasing Initiative (TPI) in an attempt to confuse it
with the TPO. He expressed the opinion that the City is also going along
with this by identifying it on the City's web page as "aka TPO" and that this
is unfair since the City is supposed to be impartial on these matters. He
requested that the web page be amended to identify the Traffic Phasing
• Initiative as the TPI since the TPO is the Traffic Phasing Ordinance. He
also requested that the title that appears on the ballot be amended to read,
"Shall Greenlight be cancelled and shall a vote of the people be required for
certain amendments of the Traffic Phasing Ordinance" since the current title
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• does not mention that the only real purpose of the initiative is to cancel
Greenlight by voting "yes" for the TPI.
• Nancy Skinner, 1724 Highland Drive, also expressed concern relative to the
initiative title that will appear on the ballot since there is nothing on the
Traffic Phasing Initiative (TPI) that states that it will cancel Greenlight if it
receives a larger majority vote. She stated that she would like to get a
measure of fairness so that people who do not read anything else when they
go into the polling booth understand that there are two things they will get if
they vote for the TPI.
Council Member Ridgeway requested that the City Attorney and City Clerk
provide a response at the next meeting relative to the comments made by
Mr. Beek and Mrs. Skinner.
PUBLIC HEARINGS
15. GPA AND PREZONING OF SANTA ANA HEIGHTS - GENERAL
PLAN AMENDMENT, PREZONING AMENDMENT AND SPHERE OF
INFLUENCE CHANGE PRIOR TO ANNEXATION OF
APPROXIMATELY 240 ACRES WITHIN THE SANTA ANA HEIGHTS
AREA TO THE CITY.
Larry Lawrence, consultant and project manager, reported that Council
• passed a resolution several months ago that initiated annexation
proceedings for the east Santa Ana Heights area. Consistent with that
action, staff generated the necessary General Plan Amendment and
prezoning actions in order to specify the permitted land uses, development
standards and other regulations that will apply to the area upon annexation.
He stated that the Planning Commission reviewed the amendments at its
July 6 meeting and is now forwarding them to Council with a
recommendation of approval. He reported that the proposed annexation
area encompasses the eastern 2/3 of Santa Ana Heights. The remaining
western portion is within Costa Mesa's sphere of influence and is not
included in the proposed annexation prezone area. He pointed out that
portions of the specific planned area are already within the City and is
larger than the annexation area shown on Page 22. He pointed out that,
unlike the County specific plan, the City plan includes all of the lots that
abut the south side of Mesa Drive plus the northeast corner, professional
administrative office area on Bristol Street South.
Mr. Lawrence reiterated that the zoning area is currently governed by the
County but prezoning of most of the annexation area is provided for in the
new City version of the Santa Ana Heights specific plan which closely follows
the current County plan. He stated that the draft specific plan has been
distributed to Council, has been made available for public review in the
Planning Department, and will be incorporated into the City's zoning code as
Specific Plan No. 7. He noted that the differences between the County and
City specific plans are that the County allows land uses by site development
• permit while the City uses use permits approved by the Planning Director;
the County allows land uses by use permit approved by the County Zoning
Administrator while the City allows use permits approved by the Planning
Commission; and the requirement for a recreational horse permit to allow
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Ord 2000- 14/Res 2000 -73
GPA 99 -3(B)
Zoning Amendment 903/
Santa Ana Heights
Annexation
(21/45)
•
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City of Newport Beach
City Council Minutes
August 8, 2000
the keeping of more than two horses in the residential equestrian district
has been replaced by the issuance of a use permit by the Planning Director
in order to avoid the creation of another type of City permit.
Mr. Lawrence reported that the General Plan Amendment consists of the
realignment of the intersection between Birch Street and Mesa Drive. He
indicated that the parcels adjacent to that intersection would be
redesignated as administrative /financial/commercial as opposed to
residential. He added that the northern portion of the Newport Beach Golf
Course will also be added to the General Plan boundaries.
In response to Council Member Glover's concern regarding the horses,
Mr. Lawrence indicated that horses in Santa Ana Heights are mostly kept in
the Residential Equestrian (REQ) District (Page 51), but noted that all the
land use designations and boundaries have been maintained in the City's
specific plan. He stated that there would be very little change and that they
would be able to keep their horses as they do now. He explained that, if
someone in the REQ District wanted more than two horses, they would need
a use permit from the Planning Director instead of a recreational horse
permit. He clarified that the change is a very similar type of administrative
action that the County takes. Council Member Glover expressed the opinion
that it is nice that Newport Beach is going to become a community where
people are allowed to have horses and that she would not want to take that
right away. Mr. Lawrence assured Council Member Glover that the text is
designed to avoid any changes so that people can keep horses.
Mayor Noyes opened the public hearing.
Clifford Bohart, 2242 Mesa Drive, stated that his family moved to their
2.5 acre location when he became interested in showing and raising horses.
He breeds and shows Icelandic horses and his sister raises poultry, sells the
eggs, and will be raising Icelandic sheep. He expressed concern with the
City's agreement to keep the area as it is presently zoned, noting that Santa
Ana Heights has different zoning and that their property has been zoned
Agricultural (A -1) for over 50 years. He indicated that he has spoken with
the County and they assured him that the agricultural zoning will not
change; however, he is not sure if Council realizes what is entailed if they
agree to not change the zoning in his area. He indicated that he has
watched their many horse trails gradually turn into one very narrow,
undeveloped strip of dirt adjacent to Irvine Avenue directly next to the busy
traffic and that he would hate to see the same thing happen to the last
parcels of agricultural land that are left in the Upper Newport coastal area.
For this reason, he indicated that he and his family would prefer not to be
annexed into the City but remain under the jurisdiction of the County.
Robert Hanley, 1601 Indus Street, stated that he lives in the Santa Ana
Heights western division, although they feel they are part of Santa Ana
Heights. He expressed concern relative to the division of Santa Ana Heights,
their future with respect to the airport, and having to go back and forth
between Newport Beach, Costa Mesa, and the Local Agency Formation
Commission (LAFCO). He believed that they are the edifice that can
collapse if there is an expansion at John Wayne Airport (JWA). He stated
that he knew there was an airport there when he purchased his property
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and raised his children, but the airport has grown sigmticantly since then.
He indicated that they are looking for an ally to hold JWA at bay and it
seems that Newport Beach is the only entity that has done anything. He
added that he does not like how Costa Mesa runs their city at -large and
prefers Newport Beach's representative government. He expressed hope
that the City will take them along with the rest of Santa Ana Heights.
Regarding joining the western part of Santa Ana Heights to the annexation
effort, City Manager Bludau confirmed for Council Member O'Neil that the
citizens of west Santa Ana Heights have made a request to LAFCO to change
their sphere of influence from Costa Mesa to Newport Beach. He reported
that this annexation application does not include west Santa Ana Heights,
but the staff at LAFCO have assured the City that they will look at east and
west Santa Ana Heights as a community and will make a determination as
to whether they feel the City's annexation proposal should be amended. He
stated that it seems that Costa Mesa and the City are willing to allow that to
happen. In doing it this way, the City will not need to generate new surveys
and can proceed forward. Council Member O'Neil stated that he would be in
favor of doing this.
Isabel C. Hernandez, 1700 Kings Road, stated that they have kept the City
abreast of the progress they have made since they filed their request to
change their sphere of influence with LAFCO. He indicated that he faxed
correspondence to Council and that the Costa Mesa City Council is willing to
• release their sphere of influence to Newport Beach. He added that the Costa
Mesa City Manager also agreed that east and west Santa Ana Heights
should remain as one community.
Council Member Ridgeway stated that he believed the only item on the
agenda is the GPA and prezoning for Santa Ana Heights east. He noted that
he owns property in west Santa Ana Heights and cannot participate in
discussions about that area. City Attorney Burnham clarified for Council
Member Ridgeway that he does not have a conflict of interest in just
listening to testimony.
Ann Watt, 20261 Spruce Avenue, encouraged the City to annex west Santa
Ana Heights since the County does not represent their interests at all.
Caroline Dobbins, 20272 Orchid Street, believed that this issue warrants
more public comment. She stated that she first received notice about this on
May 31 when the public review period was from May 1 to May 31,
Roger Summers, 20252 Birch Street, stated that he has owned property in
Santa Ana Heights since 1978, has a copy of the 1982 draft County specific
plan which he helped author, and is the Chairman of the Project Advisory
Committee (PAC). He summarized from a Daily Rlot article dated
October 30, 1984 in which the neighborhood expressed concern that their
ability to curtail what may become an annexation to JWA will be affected if
they do not join the City. However, he stated that he is not sure if he
• believes this since the City tried to annex Santa Ana Heights 16 years ago
and former City Manager Bob Wynn and former Mayor Evelyn Hart
indicated that the annexation of Santa Ana Heights would do nothing to
enhance the City's airport fight. Mr. Summers added that, in 1995, several
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INDEX
of them met with Council Member O'Neil and others because the City
wanted to annex Santa Ana Heights again, but the territory was such a
costly area that the City would have had to assess each of the property
owners. He stated that they generated a letter dated October 19, 1999 to the
City Manager which requested certain considerations and that the response
be done in writing. He indicated that Deputy City Manager Kiff has offered
to meet with them but there still seems to be a lack of communication, noting
that they knew nothing about a Planning Commission meeting that
discussed this issue. He stated that they conducted a straw vote in which 57
of 160 east Santa Ana Heights residents expressed interest in the
annexation; 75 were not interested; and 28 were undecided. He believed
that some of them are a little weary of the City's intention and believed that
they would not receive better municipal services from the City.
Regarding the efforts that have been taken over the past 25 years, Council
Member O'Neil stated that economics was an issue at one time and that the
current proposal indicates that the annexation will be revenue neutral since
the County is willing to negotiate a favorable property tax split and,
therefore, no attempt to form an assessment district or increase taxes will be
made. He assured everyone that this Council will work closely with the
community to ensure that their property and property rights will be
protected against future JWA expansions, reporting that there is an
upcoming agenda item that requests that the Board of Supervisors extend
the current settlement agreement for an additional 20 years.
• Regarding Mr. Summer's concern relative to whether the City can provide
better municipal services, Council Member O'Neil stated that this will be
addressed in the plan of services that will be presented to LAFCO. He
expressed the opinion that the residents will find from the studies that they
will receive better police, fire, and paramedic response times. He assured
everyone that the City does want Santa Ana Heights, Newport Coast, and
Bay Knolls to be part of Newport Beach. He emphasized that the existing
zoning, general plan designations, and specific plan will stay the same, with
only some procedural differences. He stated that they hope the Santa Ana
Heights residents support the annexation as it would be good for their
community and the City. Mr. Summers indicated that they still want
something in writing and added that they want to stay one community.
Regarding Fire Station No. 27 which services Santa Ana Heights and is
located near the airport, Council Member Ridgeway reported that it will
probably be closed in the near future but the City plans to relocate it close to
the Santa Ana Heights area.
Russ Niewiarowsky, 20102 Kline Street, reported that Santa Ana Heights
dates back to the 1920s. He requested that "east" and "west" officially be
dropped and that the references of living east or west of Irvine Avenue be
used instead. Regarding the Vicinity Map on Page 22, Mr. Niewiarowsky
emphasized that the annexation does include more than what the map
shows and requested that Council try harder to keep the area one
• community. He referenced Pages 24 and 25 and stated that he is not
speaking to challenge Council's intention but to support their action and
decision to annex Santa Ana Heights into Newport Beach.
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•
Donna McMeacon, 20422 Bayview Avenue, stated that she would really like
to be a part of Newport Beach. She indicated that she feels it would help
them with the airport situation and that, as a group, would stand stronger
against a JWA expansion. She thanked Council Members Glover and O'Neil
for speaking out about the importance of keeping the animals in the area.
Craig Ima stated that all his Santa Ana Heights neighbors are very much in
favor of the annexation and want to be a part of Newport Beach.
Tom Guy stated that he lives on Cypress Street and has horses. He
applauded Council's efforts in adopting the County's current plan because it
does provide for horse use. However, he expressed the opinion that the
County plan does not go far enough. He stated that development is
occurring that reduces the utility of the residential equestrian lot for
residential use. He indicated that other jurisdictions have looked at this
issue and adopted measures which essentially limit the development on
residential equestrian lots to preserve the utility of the lots for future
residential equestrian uses. He stated that, unless this is done, the streets
will eventually be converted into a normal residential street with tennis
courts and swimming pools in the back. He asked that Council direct staff to
look at what sort of pro- active zoning requirements can be enacted to limit
the development on existing residential equestrian uses.
There being no further testimony, Mayor Noyes closed the public hearing.
•
Motion by Council Member O'Neil to 1) adopt Resolution No. 2000 -73
approving a General Plan Amendment for the Santa Ana Heights area [GPA
99- 3(B)]; 2) introduce Ordinance No. 2000 -14 approving a zoning amendment
for the prezoning of the Santa Ana Heights areas (Zoning Amendment 903)
and pass to second reading on August 22, 2000; 3) certify the Negative
Declaration; and 4) direct staff to look at limiting development on residential
equestrian lots to preserve the utility of the lots for future residential
equestrian uses.
The motion carried by the following roll call vote:
Ayes: Glover, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: Thomson, Adams, Debay
16. 1514 WEST BALBOA BOULEVARD (PARKER STANBURY LLP -
Ord 2000 -15
APPLICANT) A REQUEST TO AMEND THE GENERAL PLAN LAND
Res 2000 -74
USE ELEMENT AND THE LOCAL COASTAL PROGRAM LAND USE
GPA 99 -2(C)/
PLAN TO RE- DESIGNATE THE SUBJECT PROPERTY FROM
Amendment 904/
GOVERNMENT, EDUCATION AND INSTITUTIONAL FACILITIES
Local Coastal
(GEIF) TO TWO FAMILY RESIDENTIAL (R -2), AMEND
Program
DISTRICTING MAP NO. 9 TO REZONE THE SUBJECT PROPERTY
Amendment 55/
FROM PLANNED COMMUNITY (PC) TO TWO FAMILY
1514 West Balboa Blvd.
RESIDENTIAL (R -2) AND TO ESTABLISH A FIVE FOOT FRONT
(45)
•
YARD SETBACK ALONG THE WEST BALBOA BOULEVARD
FRONTAGE OF THE SUBJECT PROPERTY.
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August 8, 2000
• Council Member Ridgeway stated that Council approved a 2.5 acre lot for a
public storage facility on Camelback rather than approve it for apartments
because of the electromagnetic field (EMF) adjacent to the property. He
indicated that he was under the impression that lenders had a difficult time
because they did not know the long term impacts of EMF and pointed out
that Council may be zoning this into a situation that cannot be sustained by
the lender market.
In response to Council questions, Assistant City Manager Wood confirmed
that the normal setback for an R -2 District is 20 feet. However, in this
neighborhood, most of the surrounding area that is zoned R -2 has special
5 foot front yard setbacks due to the small size of the lots. She stated that
the power station and an apartment building are next to the lot. She
clarified that staff is recommending this proposal because the lot is so small
that they would not be able to develop the duplex and supply the necessary
parking without asking for an exception. Mayor Noyes asked if the City is
trying to shoehorn in a duplex on that lot. Ms. Wood indicated that staff did
not feel there was a feasible Government, Education and Institutional
Facilities (GEIF) use because of the size of the lot and since multifamily
developments already exist in the surrounding area.
In response to Council Member Glover's question, Ms. Wood stated that it
would not be a good planning practice to zone this single lot as R -1 when the
surrounding lots are designated R -2. She added that she does not believe
• that this lot is smaller than other lots in the area.
Mayor Noyes opened the public hearing.
Richard Jones, Parker Stanbury LLP, 888 N. Main Street, Santa Ana, stated
that they represent the owner, Maverick's Development. He indicated that
there are no lending concerns since Maverick's completely owns the property
and has sufficient funds to develop it. He stated that the proposal is not
"shoehorning" since a duplex is consistent with the neighborhood. He noted
that the Planning Commission indicated that, should the property be
rezoned, future development will need to incorporate appropriate design and
construction techniques given the proximity to the substation and the three
story structure. Regarding EMF, he pointed out that the City has a park
adjacent to the Edison substation. He indicated that Edison conducted
studies and there has been litigation, but there is no evidence of ill affects
from EMF. He stated that his client knew that they were buying a property
adjacent to a substation, had every intention of developing the property, and
received an offer to purchase the property for a significant sum. In light of
that offer, his client instituted the request for the R -2 zoning which is
consistent with the neighborhood. Regarding the 5 foot setback, he indicated
that his law firm, their real estate broker, and their client canvassed the
neighborhood and found that the entire block has 5 foot setbacks. He added
that the apartment complex that sent in the only letter of objection also has
a 5 foot setback. He reported that they discussed all of these issues at the
Planning Commission meeting and they unanimously approved this.
• Further, in the event they get to build a structure, it will have to be
consistent with what City guidelines require. He believed that a beautiful
duplex on the lot would actually insulate the three story apartment from the
substation. He added that the letter also discussed sunlight, but stated that
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City Council Minutes
August 8, 2000
that the proposed duplex would probably block sun to the
apartment.
There being no further testimony, Mayor Noyes closed the public hearing.
Motion by Council Member Ridgeway to adopt Resolution No. 2000 -74
approving General Plan Amendment No. 99 -2(C) and Local Coastal Program
Amendment No. 55; and introduce Ordinance No. 2000 -15 approving
Amendment No. 904 and pass to second reading on August 22, 2000.
The motion carried by the following roll call vote:
Ayes:
Glover, Ridgeway, O'Neil, Mayor Noyes
Noes:
None
Abstain:
None
Absent:
Thomson, Adams, Debay
17. 2000 ANNUAL WEED AND OTHER NUISANCES ABATEMENT
City Manager Bludau reported that the following properties are the only
properties still on the list: 230 Ocean View Avenue; 2427 Margaret Drive;
1815 Bayadere Terrace; 455 North Newport Boulevard; 1025 West Balboa
Boulevard; and 449 North Newport Boulevard.
Mayor Noyes opened the public hearing to consider objections of any
property owners whose property is subject to cleaning by the City appointed
contractor.
There being no public testimony, Mayor Noyes closed the public hearing.
Motion by Council Member Glover to adopt Resolution No. 2000.75
ordering the Fire Chief to abate weeds and other nuisances identified in the
amended list to be existing upon streets, alleys, sidewalks, parkways, and
private property within the City; and schedule a public hearing on
October 10, 2000 to confirm assessments against those properties cleaned by
the City.
The motion carried by the following roll call vote:
Ayes:
Glover, Ridgeway, O'Neil, Mayor Noyes
Noes:
None
Abstain:
None
Absent:
Thomson, Adams, Debay
18. WEB SITE REVIEW AD HOC COMMITTEE.
Mayor Noyes stated that he will probably be continuing this item until more
Council Members are present.
Motion by Council Member O'Neil to continue this item to the August 22,
2000 Council meeting.
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Res 2000 -75
Weed & Other
Nuisances
Abatement
(41)
Web Site Review
Ad Hoc Committee
(24)
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August 8, 2000
The motion carried by the following roll call vote:
Ayes: Glover, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: Thomson, Adams, Debay
19. NEWPORT BEACH CONFERENCE AND VISITORS BUREAU 2000-
2001 ANNUAL REPORT PRESENTATION.
Henry Schielein, Chairman of the Board of the Newport Beach Conference
and Visitors Bureau (CVB), expressed his appreciation to the Executive
Committee of the Board of Directors who have assisted him tremendously.
He indicated that the report was generated by Rosalind Williams just after
the fiscal year was over and prior to her passing. He reported that the CVB
produced 269 conference leads valued at about $40 million and booked 50 of
those meetings which included almost 7,000 delegates and over 15,000 room
nights. He stated that the leads came from many sources like David Green
Associates who booked almost $500,000 worth of rooms in the City at the
cost of $11,000. Further, 17,000 trade shows were attended, 10
familiarization (fam) trips were organized, 10 sales trips were taken to
attract business to the City, and they produced many consumer publications.
Mr. Schielein stated that CVB's accomplishments included booking
California Conference and Tourism for 2001; launching extra programs for
summer business; implementing a first mail/telemarketing effort to enter
the golf meeting market; participating in the Toshiba Golf Tournament;
establishing access to a remote internet database for the traveling sales
force; putting all staff on email; increasing the internet hits to 700,000 as a
result of the redesign of the website; coordinating radio programs; housing
the Newport Beach Jazz Festival, with City cooperation, and adding a
second sold out weekend; helping form the new Newport Beach Film
Festival; conducting sales calls to the American Airline reservation center
and AAA; implementing direct mailings to New York and New Jersey;
organizing Newport Beach's appearance on the Wheel of Fortune; conducting
strategic planning board sessions for current research projects; introducing
kiosk systems; securing national television advertising on ABC, ESPN, and
at the Toshiba Tournament; negotiating a new lease for the CVB office
space; and becoming a key wholesaler (makes major travel arrangements
and then sells them to travel agencies and bureaus) in the U.S. and German.
He added that 1,000 people received publications on Newport Beach; and
over 200,000 visitors guides and village, small inn, golf, and dining guides
are distributed regularly.
Mr. Schielein stated that the following new publications were produced by
the CVB: 2000 Newport Beach Visitors Guide; 2000 Newport Beach
Calendar; Newport Beach Destination Planner; newsletter for members and
• clients; and a collective tourism piece which was included in Newport Beach
residents' water statements. He reported that the CVB collectively exceeded
all sales goals; accomplished all strategies outlined in the previous year's
plan of work; partnered with the Orange County Marketing Consortium for
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City Council Minutes
August 8, 2000
• leisure utilizing County funds; reached 98 media outlets with the circulation
of 17,800,000 (represents an advertising value of almost $500,000); and
helped increase the Citywide average occupancy from 70.4% to 71.1% with
the average rate increasing from $137.74 to $142.60. He stated that the
overall tourism industry contributed $21,202,000 to the City's General Fund.
He indicated that the CVB is also working with the Golf Marketing
Consortium to identify meeting planners with a golf component and
conducted many fam trips with David Green Associates to increase leads.
Mr. Schielein stated that Council also has a copy of the 2000 -2001 sales and
marketing plan, along with a supporting budget that was passed at the last
Board of Directors meeting. He indicated that their objective is to remain
aggressive and have a strong resolve to bring additional business to the City.
He reported that the Executive Committee meets weekly to review staff
activities and provide the necessary guidance and approval.
Mr. Schielein reported that the CVB hired an executive search company to
assist in finding a new Executive Director. He stated that they hope to make
a selection within the next two weeks; however, they will not hire just
anyone until they have the right person.
Mayor Noyes stated that the City Manager, Administrative Services
Director, and he met with Mr. Schielein and told him that they appreciate
that he has taken on the responsibility and informed him that the CVB can
• expect the same level of cooperation from the City. Mr. Schielein promised,
on CVB's behalf, that they will continue on until the right person is hired to
take over the CVB.
20. JOHN WAYNE AIRPORT SETTLEMENT AGREEMENT - PROPOSED
AMENDMENT TO EXTEND THE TERM.
Mayor Noyes explained that this follows Council Policy A -17 that has been in
place since 1972 and indicated that it establishes a comprehensive program
to minimize the impact of John Wayne Airport (JWA) on the quality of life of
Newport Beach residents by preserving the current operational restrictions
at JWA and investigating ways to extend and/or strengthen those
restrictions. He reported that Council is just trying to amend the existing
agreement to extend the operational restrictions and that the City retained
special counsel, Clem Shute, to assist in this endeavor. City Attorney
Burnham added that Mr. Shute has been involved in JWA legal matters for
20 years.
Mr. Shute stated that he has been involved with JWA matters since the
early 1980s. He reported that a settlement agreement was reached in 1985
which resulted in the limits of flights, noise levels, and terminal
construction. He believed that the County has abided by the terms of the
agreement and has worked out any misunderstandings that may have
occurred. He indicated that the proposal is to extend the agreement from
2005 to 2025 without much change and reported that this requires approval
• from Council and the Board of Supervisors. Further, to move forward, they
must comply with the California Environmental Quality Act even though it
is still uncertain what environmental document will be required. Regarding
the proposed resolution that calls for County cooperation, Mr. Shute
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Res 2000-76
C- 2535/C -3364
Amendment to the
John Wayne Airport
Settlement Agreement
(38/54)
City of Newport Beach
City Council Minutes
August 8, 2000
• reported that they have become aware of a case that may redefine what a
"lead agency" is for CEQA purposes and, therefore, he recommends that the
resolution be adopted under the concept of a cooperative agreement rather
than referring to a lead agency.
Mr. Shute believed that the City can prevail in this endeavor. He stated
that, although the political side involves whether the County is willing to go
along with this, he is getting signals that there is a very good chance of that.
He is aware that people think that the airlines and FAA will not let this
happen, but indicated that the process should be started and it should be
worked through professionally. Mayor Noyes stated that this is a good
opportunity for the County to send a message that they are really there to
protect the quality of life of each and every city.
Council Member O'Neil stated that he is glad that Mr. Shute is on the team,
noting that he has worked on other sides of issues with him and his firm
over the years. He indicated that Mr. Shute is a formidable attorney and is
very knowledgeable in airport laws and all the environmental aspects. He
stated that it was his understanding that JWA was grandfathered under the
Airport Noise and Capacity Act (ANCA) provisions so that they could
maintain the various noise abatement procedures, takeoff limitations, curfew
restrictions, weight limitations, etc. Mr. Shute expressed the opinion that
ANCA was enacted by Congress in 1990 under outrageous circumstances,
explaining that it was done as part of the reconciliation of the budget for that
• year, it never went through any public hearings, and there were no public
notices. He reported that ANCA states that anyone who tries another JWA
agreement will have to get FAA approval which will never be given. This
was a direct attempt to try to prevent the 1985 agreement from happening
again. However, the current agreement is grandfathered, nothing that is
being proposed will increase the restrictions and does not impair safety.
These are the two requirements for maintaining the grandfather status. He
indicated that he is sure there will be arguments about this and that this
will be a fight at some level, but he feels the City has a solid position.
Council Member Glover stated that she appreciates the Mayor's leadership
on this. She indicated that she and the Mayor have spoken with several of
the Supervisors and noted that elected officials throughout the County have
supported and encouraged the City to do this. She believed this is a positive
move for Newport Beach. She stated that the City never intends to close
JWA and accepts it as part of the City, but it is a quality of life issue for
Newport Beach residents. She indicated that they want to ensure that the
things that are in place now continues for several decades.
Tom Naughton, 1700 Port Margate Place, President of the Orange County
Airport Working Group (AWG), stated that AWG supports this effort to
extend the settlement agreement to 2025. However, he indicated that they
are also dedicated to ultimately having an airport at El Toro in addition to
having JWA. He stated that the settlement agreement was structured in
1985 to allow 39 Class A aircrafts and 34 Class AA aircrafts. However, in
• 1993, the City allowed Class E aircrafts. He reported that about 41 Class A,
34 Class AA, and 60 Class E aircrafts now fly out of JWA daily, with that
number increasing with the advent of the regional jet. He believed that the
only protection the City has today is to continue the 8.4 million cap. Without
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August 8, 2000
• the cap, he believed that Newport Beach is in for a lot more exposure and
that there will be a lot of pressure on JWA if there is no El Toro airport. He
noted that South County and a KNX radio editorial stated that a solution to
the airport problem is to utilize the underutilized JWA by removing the cap
and allowing it to run to its limit. However, they are ignoring the fact that
JWA is the 18th busiest airport in the world when you judge takeoffs and
landings. He stated that the City should also press the issue that El Toro
must move forward, in combination with JWA. He believed that this is what
the County and Newport Beach need more than anything else.
Mayor Noyes emphasized that this is not an El Toro issue and noted that,
even if there was an airport at El Toro, the City would still be asking for an
extension to the settlement agreement.
Russ Niewiarowski, 20102 Kline Drive, presented Council with
correspondence regarding Santa Ana Heights and the creation of an El Toro
airport. He referenced Council Policy A -17 and stated that E1 Toro can
become an asset to the County if properly utilized. He expressed hope that
the City does not embrace South County's olive branch.
Ann Watt, 20261 Spruce Avenue, thanked Council for taking the first step
toward maintaining the cap at JWA but acknowledged that there are a lot of
regulatory bodies that the City has to convince to keep the cap. She
recommended that the City prepare the environmental impact reports so
• that County residents can review them and pointed out that the City is
trying to go to Congress to allow a local community to regulate interstate
commerce.
Charles Griffin, 732 Bison Avenue, noted that the Code of Federal
Regulations Part 161 is on the internet and states that the City's agreement
is grandfathered. He added that the agreement also states that the County
will look for another airport. He emphasized the importance of keeping this
stipulation in the agreement, particularly looking at El Toro, and expanding
it in a way that is as compatible with the surrounding residents as we want
it to be around the residents near JWA. He added that it is important that
the City participate in the Irvine Planning Commission meeting on
Thursday, August 17 at 6:30 p.m.
Mr. Shute reiterated that they have to comply with the Environmental
Quality Act, but first it has to be determined what type of environmental
document will be required. He indicated that Council and the Board of
Supervisors will then be able to approve the extension. He reiterated that he
believes that the FAA will have to honor the grandfather status under ANCA
because they will not be doing anything that is not already in the existing
agreement. Further, many of the County restrictions exist independently of
the settlement agreement. He added that the terminal agreement is not
subject to ANCA since there is no requirement in Federal law that forces an
airport proprietor to build another building or extend a runway.
• Council Member O'Neil also acknowledged Mayor Noyes' fine work and
demonstration of leadership in initiating this effort, along with Council
Member Glover who is the Chair of the Citizens Aviation Committee. They
have both spent a great deal of time over the past months meeting with
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City of Newport Beach
City Council Minutes
August 8, 2000
• Supervisor Tom Wilson, Congressman Christopher Cox, and the airport
groups. He emphasized that a great deal of work has been done to just get to
where the City is now and that the City Attorney and Mr. Shute have been
involved in this issue for many years. He stated that, if the City can be
successful in extending the settlement agreement, the City has done more to
protect the quality of life than anything else. He deferred to Mayor Noyes to
make the motion.
Motion by Mayor Noyes to 1) approve, in concept, the draft project
description (Exhibit B); 2) authorize staff and special counsel to finalize the
project description after consultation with appropriate County staff and
other interested parties. Staff and special counsel are authorized to make
minor changes to the project description and or project objectives as
necessary to the project description and or project objectives as necessary to
comply with CEQA or to ensure consistency with Council Policy A -17;
3) authorize staff and special counsel to conduct an Initial Study of the
project, determine the environmental document required by CEQA, issue
appropriate notices and prepare the document; 4) direct staff to prepare an
agreement with Shute Mihaly and Weinberger to act as project manager and
authorize the City Manager to execute the agreement; and 5) adopt
Resolution No. 2000 -76 (Exhibit C), as amended, that requests Supervisor
Wilson and the Board of Supervisors to cooperate with the City in the
preparation of the environmental document and approval of an agreement
authorizing a cooperative agreement to prepare an environmental document.
• The motion carried by the following roll call vote
Ayes:
Glover, Ridgeway, O'Neil, Mayor Noyes
Noes:
None
Abstain:
None
Absent:
Thomson, Adams, Debay
MOTION FOR RECONSIDERATION — None.
ADJOURNMENT — 10:05 p.m.
+ + +++ + + + + + + + + + + + + + + + + + + + + + + + + ++
The agenda for the Regular Meeting was posted on August 2, 2000, at
4:45 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
�f Recor dings cretary
oil I U � ,� Z
Mayoki
City Clerk
Volume 53 - Page 552
INDEX