HomeMy WebLinkAbout08/22/2000 - Regular Meeting0 CITY OF NEWPORT BEACH
E
•
City Council Minutes
Regular Meeting
August 22, 2000 - 7:00 p.m.
- 5:00 p.m. [Refer to separate minutes].
CLOSED SESSION - 6:00 p.m.
CLOSED SESSION REPORT PRESENTED - None.
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Absent: None
Pledge of Allegiance - Council Member Glover.
Invocation by Pastor Frank Custer, Lighthouse Coastal Community
Church.
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 Ridgeway requested that a recommendation from the
Affordable Housing Task Force be placed on a future agenda. He added that
Assistant City Manager Wood is aware of the matter.
Council Member Ridgeway requested that a Charter amendment be placed on a
future agenda that would change the Board of Library Trustees and allow the
City Manager to have the authority to discipline, hire and/or fire the City
Librarian.
CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1.
2.
MINUTES OF THE REGULAR MEETING OF AUGUST S, 2000. Waive
reading of subject minutes, approve as written and order filed.
Mayor Pro Tem Adams, and Council Members Thomson and Debay
abstained from voting on this item.
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.
Volume 53 - Page 559
I1N 0 DAI
•
•
C�
City of Newport Beach
City Council Minutes
August 22, 2000
INDEX
ORDINANCE FOR INTRODUCTION
3. ORDINANCE AUTHORIZING AN AMENDMENT TO THE
Ord 2000 -16 /C -563
CONTRACT WITH CALPERS. Adopt Urgency Ordinance No. 2000 -16
Public Employees
authorizing an amendment to the contract between the City of Newport
Retirement System
Beach and the Board of Administration of the California Public Employees'
(PERS)
Retirement System.
(38/66)
RESOLUTION FOR ADOPTION
4. BALBOA YACHT BASIN RENTAL ADJUSTMENTS. Rescind
Res 2000 -77
Resolution No. 99 -51 and adopt Resolution No. 2000 -77 adjusting the slip,
Balboa Yacht Basin
apartment and garage rental rates at the Balboa Yacht Basin.
(51)
ORDINANCES FOR ADOPTION
5. GPA AND PREZONING OF SANTA ANA HEIGHTS - GENERAL
Ord 2000 -14
PLAN AMENDMENT, PREZONING AMENDMENT AND SPHERE OF
GPA 99 -3(B)
INFLUENCE CHANGE PRIOR TO ANNEXATION OF
Amendment 903
APPROXIMATELY 240 ACRES WITHIN THE SANTA ANA HEIGHTS
Santa Ana Heights
AREA TO THE CITY. Adopt Ordinance No. 2000 -14 approving a zoning
Annexation
amendment for the prezoning of the Santa Ana Heights area (Zoning
(21/45)
Amendment 903).
6. 1514 WEST BALBOA BOULEVARD (PARKER STANBURY LLP -
Ord 2000 -15
APPLICANT) A REQUEST TO AMEND THE GENERAL PLAN LAND
GPA 99 -2(C)
USE ELEMENT AND THE LOCAL COASTAL PROGRAM LAND USE
Amendment 904
PLAN TO RE- DESIGNATE THE SUBJECT PROPERTY FROM
1514 West Balboa Blvd.
GOVERNMENT, EDUCATION AND INSTITUTIONAL FACILITIES
(45)
(GEIF) TO TWO FAMILY RESIDENTIAL (R -2), AMEND
DISTRICTING MAP NO. 9 TO REZONE THE SUBJECT PROPERTY
FROM PLANNED COMMUNITY (PC) TO TWO FAMILY
RESIDENTIAL (R -2) AND TO ESTABLISH A FIVE FOOT FRONT
YARD SETBACK ALONG THE WEST BALBOA BOULEVARD
FRONTAGE OF THE SUBJECT PROPERTY. Adopt Ordinance
No. 2000 -15 approving Amendment No. 904.
CONTRACTS AND AGREEMENTS
7. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR
C -3365
TRAFFIC ENGINEERING SERVICES IN CONJUNCTION WITH THE
Traffic Phasing
TRAFFIC PHASING ORDINANCE (TPO) STUDY FOR PHASE II
Ordinance Study
CONSTRUCTION OF THE HOAG HOSPITAL MASTER PLAN OF
Phase II of the
DEVELOPMENT. Approve a Professional Services Agreement with
Master Plan of
Linscott, Law & Greenspan Engineers to prepare a Traffic Phasing
Development for
Ordinance (TPO) Study for proposed construction of Phase II of the Master
Hoag Hospital
Plan of Development for Hoag Memorial Hospital Presbyterian.
(38)
Council Member O'Neil abstained from voting on this item.
8. BALBOA PENINSULA ALLEY REPLACEMENT - AWARD OF
C -3325
Volume 53 - Page 560
City of Newport Beach
City Council Minutes
August 22, 2000 INDEX
• CONTRACT (C- 3325). 1) Approve the plans and specifications; 2) award
Balboa Peninsula
the contract (C -3325) to Nobest Incorporated for the total bid price of
Alley Replacement
$385,015 and authorize the Mayor and the City Clerk to execute the
(38)
contract; and 3) establish an amount of $38,500 to cover the cost of
unforeseen work.
9. AMENDMENT TO THREE PARTY AGREEMENT BETWEEN THE
C- 2931(B)
CITY OF NEWPORT BEACH, COSTA MESA SANITARY DISTRICT,
Three Party Agreement
AND ORANGE COUNTY DEVELOPMENT AGENCY [C- 2931(B)].
Construction of
Authorize the Mayor and the City Clerk to execute an amendment to the
Sanitary Sewer Facilities
three party agreement which adjusts the location of the proposed Bristol
Birch & Bristol
Street Pump Station and abandons a City sewer on Birch Street and allows
(38)
connection to the proposed Costa Mesa Sanitary District gravity sewer.
10. AGREEMENT FOR THE INSTALLATION OF INTERNET
C -3363
COMPUTER VIDEO EQUIPMENT AT NEWPORT BEACH
Lifeguard Video
LIFEGUARD HEADQUARTERS. Continue to City Council meeting of
Equipment
September 12, 2000.
(38)
11. LANDSCAPE MAINTENANCE SERVICE AGREEMENTS. 1) Approve
C -2160
service agreement with TruGreen LandCare, Inc. to provide park and
Landscape Maintenance
turfgrass maintenance at certain City parks and facilities; and 2) approve
Service Agreements
the assignment of the April 8, 1996 California Landscape Maintenance
(38)
Agreement to provide landscape maintenance of City medians and roadsides
• to TruGreen LandCare.
12. COUNCIL APPROVAL OF CLAIMS ADMINISTRATION SERVICES
C -3366
FOR THE CITY S GENERAL LIABILITY PROGRAM. Approve contract
General Liability
to provide Third Party Administration (TPA) services for the self- insured
Claims Administration
general liability program to Carl Warren and Company for a 3 -year term
Services
beginning September 1, 2000.
(38)
MISCELLANEOUS ACTIONS
13. PLANNING COMMISSION AGENDA FOR AUGUST 17, 2000. Receive
Planning Commission
and file.
(68)
14. OIL FIELD OPERATION IMPROVEMENTS - WATER INJECTION
Oil Field Operation
TEST AND ESTABLISHMENT OF THE OIL AND GAS RESERVE
Improvements
DESIGNATION FUND. 1) Authorize improvements to oil field production
(73)
through injectivity tests that may lead to a waterflooding program;
2) authorize the purchase of one Wemco Mechanical Flotation Unit from
Separation Specialists, Inc., of Bakersfield, California, for the amount of
$50,000; and 3) establish an Oil and Gas Reserve Designation Fund for the
Future Abandonment of the City's oil wells.
15. BALLOT TITLE FOR MEASURE T FOR NOVEMBER 7, 2000
Measure T
ELECTION. Receive and file.
(39)
16. REQUEST APPROPRIATION OF $16,000 FROM TENNIS RESERVE
BA -003
ACCOUNT TO EXPENDITURE ACCOUNT. Approve BA -003 to transfer
•
Tennis Reserve Account
$16,000 from the Tennis Reserve account 010 -3742 and appropriate to
(40/62)
Volume 53 - Page 561
E
City of Newport Beach
City Council Minutes
August 22, 2000
account 4310 -9010 to permit the enhancement of the City's recreational
programs.
17. Item removed from the Consent Calendar by Council Member
Ridgeway.
18. NOTICE OF CITY MANAGER AND CITY ATTORNEY ABSENCE
FROM SEPTEMBER 26TH COUNCIL MEETING. Receive and file.
19. "TASTE OF NEWPORT" BANNERS. Approve the request of Newport
Harbor Area Chamber of Commerce for the installation of 155 banners and
126 flag banners from August 23, 2000 to September 22, 2000, along
Newport Center Drive, Newport Center Drive East/West ( "ring road "),
MacArthur Boulevard, San Joaquin Hills Road, Jamboree Road, Westcliff
Drive, Newport Boulevard, and East Coast Highway.
Motion by Mayor Pro Tern Adams to approve the Consent Calendar,
except for the item removed (17), and noting the abstention of Mayor Pro
Tem Adams and Council Members Thomson and Debay on Item No. 1, and
the abstention of Council Member O'Neil on Item No. 7.
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
Council Member Debay stated that Item No. 9 is a three party agreement
between the City, the Costa Mesa Sanitary District and the Orange County
Development Agency for some reconstruction on the City's sewer system.
She complimented Public Works Director Webb and Utilities Services
Manager Davidson for their work in improving the City's sewer
infrastructure.
Referring to Item No. 12, Council Member Debay requested that a future
City Manager Newsletter include the cost of settlements for the past year.
ITEMS REMOVED FROM THE CONSENT CALENDAR
17. IMPLEMENTATION STATUS OF REFUSE CONTAINER
ORDINANCE.
Council Member Ridgeway announced that there is a new requirement for
the refuse containers in the City and that about 1000 residents have yet to
comply. He stated that enforcement will begin Monday, October 2, 2000. He
confirmed that the maximum capacity allowed is 35 gallons per container.
City Manager Bludau read from the list of refuse container requirements,
• which included that the containers cannot exceed 35 gallons in capacity,
must be constructed of plastic or similar watertight material, may not be
constructed of metal, must have fixed, immobile handles located below the
Volume 53 - Page 562
164,11113
Council Meeting
Attendance (33)
Taste of Newport
Banners
(74)
Refuse Containers
(44)
J
•
•
City of Newport Beach
City Council Minutes
August 22, 2000
top edge, must have a watertight cover that is not permanently attached,
shall be tapered with the diameter of the bottom no more than five inches
less than the diameter of the top, and trash bags shall not exceed the 50-
pound maximum capacity. City Manager Bludau added that enforcement is
taking place one month later than the City Council's initial direction. City
Manager Bludau explained that the City started the program later than
intended.
Per Mayor Pro Tem Adams' suggestion, City Manager Bludau announced
that the Veterans Charities of Orange County has implemented a program
to pick up old containers and deliver new ones. He stated that more
information can be obtained by calling the Veterans Charities at
(714) 547 -0615, or by contacting the City.
Mayor Noyes announced that the action on the item was to receive and file.
Allan Beek apologized for comments made at the City Council meeting of
August 8, 2000, during the Public Comments section and stated that they
were not intended to show any criticism of the City Clerk. He added that the
City Clerk has been completely professional, competent and fair in all of her
interactions with the proponents of the Greenlight initiative.
PUBLIC HEARING
20. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT
RENEWAL AND LEVYING OF ASSESSMENTS FOR 2000 -2001
FISCAL YEAR.
Associate Planner Trimble stated that one written protest to the Corona del
Mar Business Improvement District (BID) was received, and that the protest
was really more of an appeal for an exclusion from the BID or a lowered
assessment. Associate Planner Trimble stated that the BID Board has
decided to assess all businesses with a Corona del Mar address since the
Board feels that the image of Corona del Mar, as a whole, is being improved
to the benefit of all businesses.
Mayor Noyes opened the public hearing.
Per Trebler, 2121 East Coast Highway, stated that his letter of March 9,
2000, is included in the agenda packet. In addition to the points made in the
letter, he pointed out the location of his business in the Business
Improvement District Boundary map in the staff report. He noted that the
office complex immediately across the street is not included in the BID.
Additionally, Mr. Trebler suggested that the City Council look carefully at
the assessments being set and make sure that the businesses being assessed
are the businesses benefiting from the BID. Mr. Trebler stated that the City
Council could possibly consider two levels of assessments, with those
businesses outside of the area paying less.
Don Glasgow, Chairman of the BID Board, stated that the BID has
Volume 53 - Page 563
INDEX
Res 2000 -78
Corona del Mar
Business Improvement
District (BID)
(27)
•
r�
L J
L]
City of Newport Beach
City Council Minutes
August 22, 2000
accomplished a great deal and has worked well with the City. He stated that
the plans for the future are even greater and mentioned the upcoming
request of the BID to add approximately 100 trees in the area. He added
that the BID has also been working with CalTrans on the relinquishment of
the highway and sidewalks, and has been involved with all of the details of
the Vision 2004 plan. Mr. Glasgow asked for the City Council's support in
renewing the BID so that the efforts of the BID could continue. Additionally,
he thanked the City Council and the City staff for all that they've done.
Mayor Noyes thanked Mr. Glasgow and the others involved with the BID for
their hard work.
Hearing no further testimony, Mayor Noyes closed the public hearing.
Council Member O'Neil stated that the BID is operating with great
motivation and with great people behind the efforts to revitalize the quaint
character and charm of the Corona del Mar area. He requested a response
from staff on Mr. Trebler's comments.
Associate Planner Trimble stated that the decision on whether to assess a
business improvement district at different levels is usually made by the
board of directors elected by the members, and that business improvement
districts are usually self - managing. He stated that the BID Board, in this
case, has been clear that they do not want different assessment levels and
has considered the request of Mr. Trebler. Associate Planner Trimble stated
that the situation on Marine Avenue, where the business improvement
district does have different assessment levels, is different because it's mostly
retail.
Motion by Council Member O'Neil to adopt Resolution No. 2000.78
confirming the levying of assessments for the Fiscal Year of September 1,
2000 to August 31, 2001 since the protests represented less than 50 percent
of the total assessment amount; and request that, during the upcoming year,
the Corona del Mar Business Improvement District Board look at the
property at 2121 East Coast Highway to determine if it is geographically
within the area benefiting from the District.
Council Member Ridgeway stated that the property across the street from
2121 East Coast Highway is in Fashion Island and not a part of Corona del
Mar proper, but did acknowledge his support for the motion.
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
CONTINUED BUSINESS
21. WEB SITE REVIEW AD HOC COMMITTEE (contd. from 8/8/00).
Volume 53 - Page 564
INDEX
Res 2000 -79
Web Site Review
•
•
City of Newport Beach
City Council Minutes
August 22, 2000
Mayor Noyes announced that the purpose of the Web Site Review Ad Hoc
Committee will be to review what should and shouldn't be allowed on the
City's web site. Mayor Noyes appointed Council Member Ridgeway and
Mayor Pro Tem Adams to the committee, with Council Member Thomson as
the Chairman.
Council Member Ridgeway requested that Management Information
Systems Manager Paul Malkemus also be a member of the Committee.
Motion by Council Member Glover to adopt Resolution No. 2000 -79
establishing a Web Site Review Ad Hoc Committee; and confirm Mayor
Noyes' appointment of Council Member Ridgeway, Mayor Pro Tem Adams
and Council Member Thomson (Chairman) to the Web Site Review Ad Hoc
Committee.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, O'Neil, Mayor Noyes
Noes: None
Abstain: Ridgeway
Absent: None
22. SUPPLEMENTAL INFORMATION IN RESPONSE TO REQUEST
FOR PROPOSALS FOR FUTURE USE/DEVELOPMENT OF
MARINAPARK.
Council Member Ridgeway stated that he would have to recuse himself from
discussing or voting on the item at the current meeting. He stated that the
City Attorney is attempting to determine if there is a conflict of interest or
an economic impact on Council Member Ridgeway's property, since he lives
within 1000 feet of the Marinapark property.
Assistant City Manager Wood stated that the City received eight proposals
in February in response to the City's request for proposals for future use or
redevelopment of the Marinapark site. An economic analysis of the
proposals was presented to the City Council at its meeting of May 9, 2000.
And, at that time, the City Council asked that supplemental information be
provided for all of the proposals. She stated that five of the proponents sent
in the additional information requested by the July 17, 2000, deadline.
Assistant City Manager Wood stated that the Parks, Beaches & Recreation
Commission sent a letter reaffirming their interest in maintaining
recreational and community facilities on the site. She stated that, recently,
the American Legion informed the City that they did not supply
supplemental information because they felt their original proposal was
sufficient.
Assistant City Manager Wood stated that staff reviewed all of the proposals
and supplemental proposals, and found that Sutherland Talla Hospitality
was the only one to provide all of the information requested. She stated that
the dimension site plan and market feasibility study were most important,
since they answered the questions about the possibility of all of the proposed
uses being accommodated at the site and if the market demand was there for
Volume 53 - Page 565
INDEX
(24)
Marinapark
Proposals
(73)
City of Newport Beach
City Council Minutes
August 22, 2000
is those uses. Assistant City Manager Wood stated that Terra Vista
Management ranked a close second. She stated that although they did not
provide all of the information requested, they maybe didn't necessarily have
to since they were proposing to basically leave the property at status quo.
Assistant City Manager Wood stated that the staff report includes a few
options that the City Council might want to consider in regards to their
action on the item at the current meeting. She added that there are two
outstanding legal issues to keep in mind. They include the tideland
boundary decision and the relocation impact study, if the mobile home park
were eliminated. She added that one option at the current meeting would be
to wait for these legal issues to be resolved. Assistant City Manager Wood
stated that another option would be to narrow the field of proponents,
without making a final decision on the use of the property. She stated that if
this option is chosen, staff would recommend that Sutherland Talla
Hospitality and Terra Vista Management be selected. Assistant City
Manager Wood added that the City received a letter earlier in the day from
RHC Communities. She stated that RHC Communities had originally
proposed a mix of uses for the site, but the letter informed the City that they
would also like to be considered if the property is left at status quo.
Assistant City Manager Wood stated that another option for the City Council
would be to determine that a hotel is appropriate for the site and direct staff
to enter into more serious discussions with one of the hotel proponents.
• Per Mayor Noyes' request to provide some background on the item, City
Attorney Burnham explained that the City sought proposals because it
wanted to determine what the market would propose for the use of the
Marinapark site. He added that the Marinapark tenant lease expired in
April and was extended for two years. He stated that the City has been
trying for eighteen months to two years to get a written determination from
the State Lands Commission on the tideland boundary for the site.
Council Member Debay confirmed with City Attorney Burnham that the
previous lease and the lease extension with the Marinapark tenants included
provisions that the Marinapark site may no longer maintain the mobile
home park use.
Council Member Debay requested that the Assistant City Manager explain a
recent article in the Orange County Register that indicated that the City was
intending to eliminate the American Legion and the Girl Scout house from
the Marinapark site. Assistant City Manager Wood stated that there was a
misunderstanding that the City had removed the American Legion proposal
from further consideration. She explained that when a supplemental
proposal was not received, the City assumed that the American Legion was
not interested in being considered. She stated, however, that the problem
may have been due to a change in leadership at the American Legion or their
belief that if nothing from their original proposal had changed, they did not
need to submit a supplemental. Regardless, when she learned that they did
still want their original proposal to be considered, she suggested that the
• American Legion submit a letter explaining their intention. Assistant City
Manager Wood stated that the letter was submitted and is included in the
agenda packet.
Volume 53 - Page 566
INDEX
•
City of Newport Beach
City Council Minutes
August 22, 2000
INDEX
Council Member Debay further confirmed that the City Council and staff are
not intending to get rid of the American Legion or the Girl Scout house.
Mayor Pro Tem Adams confirmed with Assistant City Manager Wood that a
letter asking for supplemental information to their proposal was sent to the
American Legion. Assistant City Manager Wood felt that the problem may
have been due to a change in leadership during that same time.
Mayor Pro Tem Adams confirmed with City Attorney Burnham that the
decision by the State Lands Commission on the tideland boundary may not
effect some of the proposals either way. City Attorney Burnham added that
the location of the tideland boundary is only relevant to those projects that
include some residential use of the site.
Mayor Pro Tem Adams asked for a list of the requirements that would follow
if the City Council chose a proposal at the current meeting, including the
entitlement process and the California Environmental Quality Act (CEQA).
He specifically asked about the identification and analysis of alternative uses
in the environmental documentation process, and suggested that the
alternative uses would possibly include the proposals not selected. Assistant
City Manager Wood confirmed that if the project selected required an
environmental impact report (EIR), alternative uses would have to be
analyzed as a part of that process. She added that one alternative would be
• the status quo. Mayor Pro Tem Adams asked for a definition of status quo in
this case, since the leases have expired. City Attorney Burnham stated that
the status quo would be the current uses.
Mayor Pro Tem Adams asked for an outline of what would take place from
the time the City Council selected a proposal to an actual change in the use
at the site. City Attorney Burnham stated that the list would include a
project description, an initial study, a general plan amendment, a zoning
designation, an environmental document and a coastal development permit.
Assistant City Manager Wood added that it would also include an
amendment to the Local Coastal Program (LCP). She stated that one of the
first steps would be an in -depth study of the economic proposals to make
sure that what is being proposed will generate the lease and tax revenue
expected.
Mayor Pro Tem Adams asked how the options being considered for the
Marinapark site compare to the previous request of the Cultural Arts Center
in regards to giving the exclusive rights to pursue entitlement for a portion
of a site. City Attorney Burnham explained that the Cultural Arts Center
request would have reserved a particular piece of land for a specific purpose,
which is a land use decision. He stated that in the case of the Marinapark
site, the options before the City Council related to selecting a proposal are
with the understanding that a specific project for the site is not being
selected. City Attorney Burnham stated that the direction to staff would be
to bring back an agreement that would include the provision to negotiate
• exclusively with the project proponent, once the approval process was
completed. Mayor Pro Tem Adams confirmed that the project proponent
would have the opportunity to modify the land use proposals, and he
Volume 53 - Page 567
City of Newport Beach
City Council Minutes
August 22, 2000
• specifically asked if the details regarding any possible relocation of the
American Legion could be resolved during the entitlement process. City
Attorney Burnham stated that some issues could be resolved at staff level
with the project proponent, but it would be the City Council that would make
the final determination about what project would be approved. Mayor Pro
Tem Adams further confirmed that if the City Council selected a proposal at
the current meeting, there would still be flexibility and control over the
project.
Council Member Debay further clarified that the City Council is not
selecting a specific project at the current meeting or determining that the
site wouldn't remain at the status quo, but only considering the selection of a
proposal which would give that project proponent the exclusive right to
negotiate with the City. City Attorney Burnham added that the City
Council's action would only direct staff to draft an agreement and wouldn't
give the project proponent exclusive rights until that agreement is approved
and executed.
Council Member Glover confirmed that the project proponent would only be
given the authority to work with various groups. She further confirmed with
City Attorney Burnham that a timeframe for accomplishing the
requirements of the process could be included in the agreement provisions.
Council Member Glover asked if there was the possibility of the EIR process
beginning before the City Council approved a project. City Attorney
• Burnham stated that the requirement for an EIR couldn't even be
determined until a firm project was decided upon. Council Member Glover
asked what an appropriate timeframe might be for a project proponent to
present a project to the City Council. Assistant City Manager Wood
suggested that ninety days might be appropriate. Council Member Glover
asked if the relocation study and a plan for its implementation, as well as
the negotiations with the parties currently on the site, could be accomplished
in that amount of time. Assistant City Manager Wood stated that the City is
requesting a relocation impact report, which would provide information on
what the economic impacts to the residents would be.
Mayor Pro Tem Adams asked if the decision at the current meeting would
lead to a development agreement. City Attorney Burnham stated that the
action would only give the developer the exclusive right to negotiate with the
City relative to construction of the project, assuming that all approvals and
documentation were completed. He stated that the agreement would also
include timeframes for the completion of the requirements, leading up to
environmental documentation, a general plan amendment, an LCP
amendment and a zone change. He stated that the agreement would not
include approval of a project. Mayor Pro Tem Adams suggested that there
might be two sets of timeframes.
Council Member Glover stated that a project could not be approved until a
general plan amendment were approved by the Planning Commission and
the City Council. City Attorney Burnham added that the steps would
• include the general plan amendment, the LCP amendment, the zoning
designation and any other specific land use approvals that might be needed
to implement the project. Assistant City Manager Wood stated that the
Volume 53 - Page 568
11013 D►•
City of Newport Beach
City Council Minutes
August 22, 2000
• process is not uncommon. She stated that often a negotiating agreement is
followed by a disposition agreement, which would include the project
description, the financial arrangements and the schedule for accomplishing
all of the entitlement approvals. City Manager Bludau added that staff
could come back to the City Council with what components should be
included in an agreement.
Council Member Debay asked if the cost of relocation for those tenants using
the mobile home park as their second homes is included in the impact study.
Assistant City Attorney Clauson stated that the relocation impact report
would only be done if the City Council decided to close the mobile home park.
She stated that the report would include information on the costs to relocate
the homes, the existing conditions of the homes and whether they are
primary or secondary residences. She added that the focus is on the
relocation of residents of the park and the options available. Assistant City
Attorney Clauson stated that the report would also consider the factor in the
lease that was entered into in 1985 that indicated to the residents that they
acknowledged the fact that they are getting reduced rents to help pay for the
relocation impact costs. She stated that the report is still required so that
the City Council is made aware of the impacts of closing the park.
Chris Shingleton, President of the Girl Scout Council of Orange County,
thanked the City for the cooperative relationship with the Girl Scouts
program center and boating program. She stated that any loss of the Girl
• Scout program center on Balboa Boulevard would be a tremendous impact to
the Girl Scouts. She requested that the City Council make a commitment by
requiring that any proposal accommodate the Girl Scout program center.
She stated that the facility has been a major part of Girl Scout life in
Newport Beach since 1947. She stated that there are currently over 900
girls in 65 troops that use the facility. Ms. Shingleton noted that the
Sutherland Talla Hospitality proposal does preserve the program center, but
the Terra Vista Management proposal does not guarantee it.
Mayor Pro Tem Adams asked if Ms. Shingleton supported the Sutherland
Talla Hospitality proposal. She responded by stating that the Girl Scouts
support any proposal that preserves and protects the program center. She
added that it would also be appreciated if a proposal included the
enhancement of the facility.
Mike Johnston, 641 St. James Road, stated that he couldn't understand how
the City Council could state that they're not interested in moving the
American Legion when some of the proposals being considered propose to do
so. He additionally stated that if a proposal is selected at the current
meeting, a project is really being selected also. Mr. Johnston stated that he
heard someone say that the City shouldn't support the American Legion
because many its members don't live in Newport Beach. He stated his
concern for people who do not have service records and may underestimate
the debt owed to the legionnaires. Mr. Johnston stated that a promise was
made to the American Legion by a previous administration that they would
• not have to move. He stated that Post 291 is unique because it is the only
post that is also a recognized yacht club. He stated that membership in the
American Legion must be earned. He stated that when there are no longer
Volume 53 - Page 569
INDEX
•
City of Newport Beach
City Council Minutes
August 22, 2000
INDEX
legionnaires to man Post 291, then the City would have the entitlement to
reclaim the site.
Council Member Debay stated that no one on the City Council is denigrating
the American Legion.
Mayor Noyes stated that the comment Mr. Johnston heard about someone
not supporting the American Legion did not come from a council member.
Mayor Noyes stated that the City Council desires to include the American
Legion in the negotiation process.
Tod White, 1120 E. Balboa Blvd., President of the Balboa Peninsula Point
Association, stated that three years ago, he conducted a survey of association
members regarding the alternative uses for the Marinapark site. He stated
that the responses were 70 to 95% in favor of keeping the American Legion,
the Girl Scout house and the public parks. He stated that there was no
support for increased traffic or a hotel. He suggested that a resident quality
of life analysis be done for the proposals, as well as the economic analysis
and environmental impact analysis already being planned. Mr. White asked
that the City Council give great weight to the opinions and feelings of the
residents on the peninsula.
Tom Hyans, President of the Central Newport Beach Community
Association, stated that the mobile home park is a resident friendly, problem
• free, revenue - generating asset. He read from a letter written in February of
1997 that states the Association's support of continuing with the existing
uses at the Marinapark site. It also stated that the Association supports
public access to the beach and does not support any decentralization of
commercial uses on the peninsula. Mr. Hyans stated that he heard that the
traffic attributed to the proposed resort was underestimated and he asked
Assistant City Manager Wood to explain the error. In conclusion, he stated
that the proposed project on the Marinapark site is just another project to be
placed on the City's waterfront, and he listed several other projects on the
bay.
Council Member Glover asked Mr. Hyans about the number of people that
utilize the beach at the Marinapark site. Mr. Hyans stated the beach gets a
lot of use on the weekends, especially by families with young children.
Mayor Noyes stated that the responsibility and obligation of the City Council
is to make sure that the Marinapark site, which is City -owned property, is
serving the citizens of Newport Beach in a profitable way while offering the
highest use. He stated that allowing the current tenants to pay half of the
market rate is giving a gift of the land.
Virginia Herberts, Balboa Peninsula Point Association, stated that she and
her community association are in favor of a quiet use of the property, as
currently exists. She stated that she heard there would be an additional 652
trips per day if a hotel was put on the property. Ms. Herberts stated her
• dissatisfaction with the current traffic and stated that she doesn't want to
see any more traffic. She stated that there is no room for the current
residents at the beaches or parks, and she doesn't want to see an increase in
Volume 53 - Page 570
City of Newport Beach
City Council Minutes
August 22, 2000
• tourists.
INDEX
Per Council Member Glover's request, Assistant City Manager Wood
explained that the May 9, 2000, report to the City Council included a rough
projection by the Public Works Department of the traffic that would be
generated from each proposal. She stated that an actual traffic study has
not been done. Assistant City Manager Wood stated that the mobile home
park generates roughly 300 trips, on a daily average. In the report, she
stated that the Sutherland Talla Hospitality proposal was estimated to
generate 946 average daily trips. She stated, however, that staff incorrectly
deducted the 300 trips for the mobile home park twice, meaning that the net
new trips for the Sutherland Talla Hospitality proposal should have been
652, not the 358 listed in the report.
Per Council Member Adams' request, Assistant City Manager Wood stated
that the peak hour trips were minimal for all of the proposals. She stated
that the Sutherland Talla Hospitality proposal was estimated to produce 40
additional trips in each the morning and the evening peak hours.
Bob Schoonmaker, 19 Canyon Island Drive, stated that he is a City Council
candidate for District 5. He stated that he noticed in the Sutherland Talla
Hospitality letter of intent that the proposal was to sublease the American
Legion facility. Mr. Schoonmaker stated that a lease and a sublease differ in
that a sublease is subject to termination. He stated that the land should be
• leased directly from the City to the American Legion. Additionally,
Mr. Schoonmaker stated his support for the Greenlight initiative and his
belief that City funds and resources are being wasted on projects that the
public doesn't want. He stated that the City Council needs to get the
message and should wait on any development until after the election on
November 7, 2000.
Allan Beek stated that he supports the proposal made by Ficker & Stevens,
and agrees that City property should be used to serve City purposes. He
stated that the Mayor's earlier comment about getting the highest use out of
the property really means he wants the most lucrative use of the property.
Mr. Beek stated that the citizens of Newport Beach are not complaining
about taxes, fees or assessments, they're complaining about the traffic and
the loss of marine facilities. He stated that the Economic Development
Committee and the Conference & Visitors Bureau both seem to only create
more traffic. He concluded by stating that Ficker & Stevens has done an
excellentjob.
George Grupe, P. O. Box 834, stated that he is a member of the American
Legion, which has been in Newport Beach for seventy years and was even
used by the Nation's first cub scouts. He stated his understanding for the
City wanting to construct Bay Avenue, but he stated that the trade for the
land with the American Legion should be upheld. He stated that the City
Council and staff should have access to, and study the book, entitled Legion
Leases 1924 to 1998. He asked why the State Lands Commission is waiting
• so long to give a reasonable answer to the City's question about the
tidelands. He stated that the property was to be held evermore for the
American Legion. Mr. Grupe asked if the City Council is planning to move
Volume 53 - Page 571
City of Newport Beach
City Council Minutes
August 22, 2000
• the American Legion and the Girl Scout house. Lastly, Mr. Grupe stated
that the City hosted the Congressional Medal of Honor Association in 1987
and it required the cooperation of the City and the American Legion. He
stated that he was also a part of the ten -year anniversary of the event and
that required the American Legion facility also.
Pat Dolan, local resident, stated that he was before the City Council
approximately six years prior, as the Commander of the American Legion, to
request that the park be renamed to Veterans Memorial Park. He stated
that the support was overwhelming and he hoped that the sentiment had not
changed. Mr. Dolan stated that the American Legion began in 1923 with 37
members. He stated that the American Legion received a firm commitment
from the City that the current site would be their permanent home. He
stated that everything on the site was paid for or done by the hands of
American Legion members. Mr. Dolan read from Terrance Phillips'
August 21, 2000 column in the Daily Pilot. Mr. Dolan stated that the
citizens of Newport Beach seem to have some distrust in the direction the
leaders are taking the City. He stated that the City has the duty to provide
for the access to emergency care by not allowing more traffic. Mr. Dolan
stated that college- educated people in the planning process don't learn about
pride in a community or the importance of listening to the citizens.
Council Member Debay asked what Mr. Dolan thought of the Sutherland
Talla Hospitality proposal to move the American Legion to 18th Street,
• building a new facility, constructing a new kitchen and providing a park.
Mr. Dolan responded by stating that there is a lot of pride in the current
facility.
Elaine Linhoff, 1760 E. Ocean Blvd., stated her agreement with many of the
comments made at the current meeting. She pointed out that the City is in
the process of initiating changes to the general plan. She stated that the
City shouldn't consider developing the Marinpark site until the general plan
update is completed. She stated that the Marinapark site is the last of the
City -owned sites on the waterfront. Ms. Linhoff also stated that hotels are
risky investments. She pointed out that hotels were filing bankruptcy
throughout California ten years prior.
Madeline Levy, a senior at Corona del Mar High School, stated that Mayor
Noyes earlier in the current meeting stated that one of the most prime
considerations when looking at the proposals is finding the most profitable
one for the City.
Mayor Noyes stated that he actually stated that it was the consideration for
the highest use of the property or what is best for the community.
Ms. Levy stated that she agreed and wanted to point out that there are other
types of profit than just the monetary kind. She continued by stating that
the City Council and the speakers in the audience should be given their due
respect. She stated that those in the audience who wished to be heard
• should come to the podium and state their opinion rather than commenting
from their seats anonymously.
Volume 53 - Page 572
INDEX
City of Newport Beach
City Council Minutes
August 22, 2000
• John McDaniel stated his agreement with the comments made by Mr. Dolan.
He pointed out that the Sutherland Talla Hospitality proposal did not
include providing a marina for the American Legion at the new site. He
stated that the Newport Beach Post is the only American Legion in the world
that provides a yacht club. He stated that it would be devastating to lose
their yacht club. He added that the Southern California Yachting
Association recognized the American Legion Yacht Club as the best yacht
club during five of the previous six years. Mr. McDaniel suggested that the
American Legion site be made a memorial to all veterans.
Dennis Lahey, 4 Latitude Court, Commander of the American Legion,
suggested that if the Marinapark site were left as is, the City could save a lot
of money in studies. He thanked Assistant City Manager Wood for her
understanding of the communication problem regarding the supplemental
proposal and Deputy City Manager Kiff for providing copies of the extended
lease. He stated that the situation of possibly moving the American Legion
is an emotional issue. He stated that tradition is important and the
legionnaires want to stay exactly where they are. Mr. Lahey added that the
American Legion feels it has the moral, legal and political right to remain on
the current site. He stated that the American Legion was the first
community organization and has over 3,000 members, with over 42% of them
being Newport Beach residents. He stated that, legally, the trade made in
1938 was permanent and there are many avenues of law that the American
Legion can pursue. Additionally, Mr. Lahey stated that, politically, over 90%
• of the Newport Beach residents polled support leaving the American Legion
where it is currently located. He concluded by stating that the American
Legion serves the City and it is difficult to be in adversary position, but they
will fight if need be. He stated that the American Legion has the support of
the community.
John Rettberg, 1770 W. Balboa Blvd., representing Terra Vista
Management, stated that they worked very hard on their proposal. He
stated that the mobile home park lease is not a gift, as mentioned earlier in
the current meeting by Mayor Noyes. He stated that the tenants offered to
increase the lease to market value three years prior. Mr. Rettberg
additionally stated that the Terra Vista Management proposal is not a status
quo proposal, but doubles the rents, opens the park to the users of the tennis
facilities, provides for better access to the beach and improves parking. He
stated that the increase in income is also substantial and is risk free.
Mr. Rettberg added that 50% of the people that own a mobile home at
Marinapark, live there full-time. He stated that many of the tenants are
elderly. He concluded by thanking the City and staff for their cooperation.
He stated that Terra Vista Management wants to continue working with the
City and requested that the City Council not narrow the selection to only one
developer.
Tim Bercovitz, 1240 Balboa Blvd., Commodore of the American Legion Yacht
Club, stated that the American Legion facility in its present location is
possibly one of the City's most community- oriented organizations. He
• mentioned the Character Boat Parade and how proud the American Legion
is of the event. He stated his concern for what would happen to the
American Legion if it had to be closed for a year during construction, if it had
Volume 53 - Page 573
INDEX
City of Newport Beach
City Council Minutes
August 22, 2000
INDEX
to move. He added that they are also very proud of their yacht club.
Mr. Bercovitz stated that the American Legion veterans have helped to make
the way of life all enjoy possible.
Stephen Sutherland, Principal Partner, Sutherland Talla Hospitality, stated
that he is a Newport Beach resident. He introduced Bill Weatherby,
Executive Vice President of the Sportsclub Company, and Ruth Ormsby,
Director of Development for Regent International Hotels, both in attendance
at the current meeting. Mr. Sutherland stated that the Sutherland Talla
Hospitality proposal is for the development of a Regent Resort on the
Marinapark site. He stated that the Regent Resort is designed to be a five -
star luxury resort, consisting of 156 guestrooms and suites. He stated that
they also plan to acquire and restore two yachts, to serve as floating suites.
He stated that the project will be low density and high quality. He stated
that the guestroom and lobby structures will total approximately 123,000
square feet, with the coverage for the overall parcel at 23 %. Mr. Sutherland
stated that the traffic study prepared by City staff shows five additional
daily peak trips over the existing use, although he understands that this
figure will be corrected. He stated that there is more to the project than
revenue, such as view corridors, extensive landscaping, utilization of the
marina and guest docks, a new boardwalk, improved public access to the
beach, a sailing and rowing club, a spa and a new park. He stated that the
property and its facilities will be open to the public.
• Mr. Sutherland stated that the initial request for proposals was issued in
November of 1999, with supplemental information requested in May of 2000.
He stated that if the City Council recognizes that the Sutherland Talla
Hospitality proposal was the only one submitted that included all of the
required information, he asked that it be advanced to the next level.
Mr. Sutherland stated that there is great concern over what will happen to
the American Legion under the Sutherland Talla Hospitality proposal. He
stated that he began meeting with the American Legion officials over
eighteen months ago to let them know what was planned and how it could
affect the American Legion. He stated that through the various meetings
with the American Legion officials, he has an understanding of where the
American Legion stands. Mr. Sutherland added that he issued a binding
letter of intent to the American Legion that says if the Regent Resort is built,
a new American Legion facility will be built on the waterfront. He stated
that Sutherland Talla Hospitality will complete all work for the project,
dedicate the facility to the American Legion and sublease that portion of the
site. He stated that since the letter was submitted, he's heard that the
American Legion may have a problem with a sublease. Mr. Sutherland
stated that he would not oppose a direct lease with the City, but that the
proposal is for a $1 per year sublease. Mr. Sutherland added that the
Sutherland Talla Hospitality proposal has also included the Girl Scout
house. He stated that the plan is to leave the existing facility as is, but he'd
be happy to talk about additional improvements with the Girl Scouts.
Lastly, Mr. Sutherland pointed out that Regent International Hotels is a
• world class hotel operator. He stated that they continue to have an interest
in being involved with the project and the development process. They have
stated that they will work to ensure that the Regent Resort meets the five-
Volume 53 - Page 574
City of Newport Beach
City Council Minutes
August 22, 2000
• star luxury standards. Mr. Sutherland concluded by stating that the
proposal submitted by Sutherland Talla Hospitality was the only complete
proposal received by the City, and included a marketing analysis by PKF
Consulting.
Mayor Noyes stated that a major key to the project is to make sure that the
American Legion is happy. He knows that they don't want change, but he
also acknowledged the significant reduction in rent that Sutherland Talla
Hospitality is proposing. He noted that the American Legion currently pays
$100,000 per year and Sutherland Talla Hospitality is proposing a $1 per
year sublease. Mayor Noyes also noted that the City Council has been
elected to be fair and honest to all citizens, and to manage City property in
an appropriate way. He asked Mr. Sutherland to express his viewpoints on
the matter. Mr. Sutherland stated that the three commanders he has met
with have been open in discussing the project, although they have expressed
their concerns about moving. He added that only a few of the American
Legion officials have discussed the project. Mr. Sutherland stated that it is
important to inform the other members of the plan and to show what the
benefits to the American Legion and the community might be. He stated
that it would also be important to meet with the various residential groups
in the area. Mr. Sutherland stated his belief that once people see how the
project is laid out, there will be less opposition to it. He stated that the
project is a tremendous revenue source to the City, but is also a small hotel
without a tremendous influence on traffic. He stated that he believes the
• project can receive support.
Council Member Debay confirmed with Mr. Sutherland that the reason the
American Legion would need to be moved is so that 15th Street, because of its
width, could be used for the entrance to the resort. She requested that
Mr. Sutherland include discussions about the importance of the yacht club
and the sharing of the marina in his negotiations with the American Legion.
Mr. Sutherland stated that the letter of intent does not propose a marina at
the site, but he stated that it could be included in the discussions.
Mayor Pro Tem Adams suggested that some type of incorporation of dock
facilities should be a part of the plan. He stated that it would be up to
Mr. Sutherland to figure out how they would be built. Mayor Pro Tem
Adams further suggested that since the current American Legion facility has
such sentimental value, possibly the existing structure could be moved to the
new site. Mr. Sutherland stated that it has been discussed and is a
possibility.
Mayor Noyes asked for a definition of peak hour traffic.
Mayor Pro Tem Adams stated that the numbers that were quoted earlier
were for weekday peak hour periods. Mr. Sutherland noted that the check -
in and check -out times for a hotel are not during the peak hour periods.
Assistant City Manager Wood added that a traffic study has not been
performed.
• Pat Harrison, 2270 Channel Road, stated that she doesn't want to see the
American Legion move, but that her main concern is the traffic. She noted
Volume 53 - Page 575
INDEX
•
City of Newport Beach
City Council Minutes
August 22, 2000
INDEX
the heavy traffic on the peninsula up to 15th Street and the difficulty for
emergency vehicle access.
Mayor Noyes stated that he used to live on the peninsula also and
understands the unique situation.
Rachelle Foster stated that she attended the City Council meeting three
years ago when the mobile home park tenants offered to increase the rent
they pay. She added that she doesn't understand why another hotel is
needed. She stated that she surveyed the hotels on the peninsula at that
time and the average occupancy during the winter was 50 %. Ms. Foster
stated that other matters should be handled by the City Council such as the
traffic, the number of people that visit the beach, the bay and ocean water
quality, the lack of restrooms on the beach and fire truck access on the
peninsula. She stated that the traffic is difficult and the City Council needs
to consider this before adding another hotel.
Dan Purcell, 3 Canyon Lane, stated that he sees a community outreach
problem relative to the City Council. He wondered how people are getting
their information and if they're getting enough of it. He stated that in the
current situation, he can't understand why some of the American Legion
members don't have access to the plans for the proposed project. Mr. Purcell
thanked the City staff for their professionalism.
• Council Member Glover stated that Newport Beach is blessed because of its
beaches. She noted that when people are blessed with something nature
provides, they have to share it. She stated that the peninsula has a traffic
problem and probably always will, but she stated that the people that live
down there are probably some of the most blessed people in the world.
Mayor Pro Tem Adams stated that the mobile home park has been on the
site for 45 years, enjoying the use of public lands for a limited term lease.
He stated that the lease was structured with low lease payments over the
final years in expectation that the mobile home park would be eliminated
when the lease expired. Mayor Pro Tem Adams stated that a determination
needs to be made on the best use of the land. He stated that some
parameters exist on what can be put on the land, depending upon the upland
or tideland designation. He stated that the proposal from Sutherland Talla
Hospitality is the best one and provides the best use of the land for the City.
He stated that the City does not have a five -star hotel and he compared it to
the Ritz Carlton and its staying power. Mayor Pro Tem Adams stated that
the proposal is for a small, intimate hotel with low density. He stated that it
represents a huge investment in the peninsula. He stated that the traffic
generated from the project will be low and it will be a quiet use of the
property, as some local residents are requesting. He stated that the facility
would also bring in a different type of visitor to the City and those that
would be an asset to the community. Mayor Pro Tem Adams stated that the
City could be proud of the resort.
• Mayor Pro Tem Adams stated his understanding for people not wanting
change, but he stated that new traditions and landmarks can be created
without negatively impacting the quality of life. He stated that he
Volume 53 - Page 576
City of Newport Beach
City Council Minutes
August 22, 2000
• understands the traditions and history of the City and he feels comfortable
that the proposed resort can fit in. He stated that the project should only be
considered if the American Legion members can be satisfied that it's the
right thing for them. He hoped that, during negotiations, the American
Legion might see the project as being in the best interest of the City and
would possibly offer a compromise. He also commented about the
sentimental value of the structure and felt that strong consideration should
be given to moving the existing structure, if relocation were determined to be
necessary. He added that everything should also be done to preserve the
marina component of the American Legion.
Mayor Pro Tem Adams agreed with comments made earlier by Council
Member Glover and the traffic that has always existed on the peninsula due
to beach visitors. He stated that he didn't feel that the environmental
analysis would show a significant traffic impact for the proposed project, but
if it did, he wouldn't be in support of the project. Mayor Pro Tem Adams
stated that the financial benefits are secondary, with land use being the
primary concern. He stated his belief that the proposed resort could improve
the entire area. He stated that the peninsula has limited revenue and the
revenue generated from the development should be reinvested in the
peninsula and the surrounding areas. He stated that he could support
moving forward with the Sutherland Talla Hospitality proposal, allowing
them to negotiate with the American Legion and the Girl Scouts and proceed
with environmental documentation. He added that maybe the
• environmental process will show that the project won't work, but he stated
that he believes that once people understand the project, they will appreciate
the benefits.
Council Member Thomson stated that if the decision were his alone to make,
he would vote for leaving the American Legion and the Girl Scout house and
adding a view park. He stated, however, that the City Council understands
that it needs to optimize the property and select a developer that is the most
equipped to complete the process. He stated his support for letting
Sutherland Talla Hospitality proceed, as long as they can make the
American Legion and the Girl Scouts happy.
Council Member Thomson asked for an explanation from the City Attorney
about the obligation of the City if the City Council were to select a developer
to proceed with the process. City Attorney Burnham stated that it would
depend upon the terms of the agreement, which would come back to the City
Council for approval. He stated that the terms and conditions of the
agreement would have to be met, and the Planning Commission, City
Council and Coastal Commission would also have to review and approve the
project. City Attorney Burnham added that the agreement could prohibit
the assignment of any interest that the agreement might create. Council
Member Thomson stated that he agreed that a small hotel, like the one
proposed, would not cause a significant impact on traffic.
Motion by Mayor Pro Tem Adams to direct staff to prepare an agreement
• with Sutherland Talla Hospitality for City Council review and possible
approval on September 12, 2000, that would designate Sutherland Talla
Hospitality as the sole entity with which the City will participate with
Volume 53 - Page 577
INDEX
City of Newport Beach
City Council Minutes
August 22, 2000
• respect to any redevelopment of Marinapark provided they fully comply with
the terms of the agreement and that all discretionary approvals for
redevelopment are granted by all agencies with jurisdiction over the site;
that the agreement would also establish the obligations of Sutherland Talla
Hospitality with respect to each phase of the planning process including the
preparation of all studies, documents, plans and reports necessary to obtain
all required permits and approvals for any redevelopment; and that the
agreement shall specifically prohibit any assignment of the rights or duties
created by the agreement.
City Attorney Burnham clarified that the motion does not approve the
project or make any land use approvals, but allows the City to deal
exclusively with Sutherland Talla Hospitality subject to their ability to meet
and comply with the obligations of the agreement.
Mayor Pro Tem Adams also suggested that the agreement include
timeframes for when various requirements would need to be met.
City Attorney Burnham added that the agreement can be written to protect
the American Legion as much as possible, but he pointed out that the City
Council does not have the legal authority to delegate to the American
Legion, or any other private party, the responsibility of making the land use
decisions. He stated that these can only be made by the City Council.
• Mayor Pro Tern Adams stated that Sutherland Talla Hospitality could be
encouraged to work with the American Legion.
Mayor Noyes added that if the American Legion won't go along with the
proposed project, it won't happen, but that Sutherland Talla Hospitality
deserves the opportunity. City Attorney Burnham stated that he will
attempt to structure the agreement to acknowledge the political realities
involved with the proposal.
Council Member O'Neil reminded everyone that what is leading the
discussion is the necessity to make a decision on property that is being
occupied under short -term extended leases. He stated that the City Council
is trying to find the appropriate future use the property, whether it is to
extend the current leases or put a different type of use there. He stated that
the City Council owes it to the current tenants and the citizens in the
community to make a decision, which is why the request for proposals
process was begun. Council Member O'Neil stated that Sutherland Talla
Hospitality was the most responsive and he felt they should be given the
chance to perform. He stated that he is not motivated by economic benefits
so much as the potential for the tremendous use of the property and the
chance to revitalize the peninsula.
Council Member Debay apologized for her comments earlier in the meeting
to Mr. Johnston. She explained that she felt he was saying that the City
Council held a disregard or lack of concern for the American Legion. She
• stated that she supports the American Legion, but also feels that the project
could help the peninsula a great deal.
Volume 53 - Page 578
INDEX
is
City of Newport Beach
City Council Minutes
August 22, 2000
Mayor Noyes stated that the City holds the opinion of the American Legion
in high regards and thinks they feel the same way about the City. He asked
Mr. Sutherland if he fully understood how the City Council felt and if he was
still willing to take on the responsibility. Mr. Sutherland stated that he was
and feels that the project has a lot of merit for the City and the area. He
stated that he has been treated well by the American Legion officials and he
intends to continue meeting with them as well as the other members. He
stated that he'd like the opportunity to discuss the possibilities of the
American Legion and the Regent Resort being neighbors. Mr. Sutherland
concluded that the project is worthwhile and worth doing.
The motion carried by the following roll call vote
Ayes: Thomson, Glover, Adams, Debay, O'Neil, Mayor Noyes
Noes: None
Abstain: Ridgeway
Absent: None
Mayor Noyes complimented Ms. Levy for her comments earlier in the
meeting and he thanked the audience for their patience and testimony.
23. CORONA DEL MAR STREET LIGHT BANNERS
• Item continued.
MOTION FOR RECONSIDERATION - None.
ADJOURNMENT - 10:10 p.m.
++ ex�ttxx * *t,rre + *tttttx•,rrr + + +r
The agenda for the Regular Meeting was posted on August 16, 2000, at
4:10 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
• �l�t� �7- /lam
City Clerk
Volume 53 - Page 579
11,1193 ati:1
Corona del Mar
Street Light Banners
(74)