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HomeMy WebLinkAbout11/12/2002 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 12, 2002 - 6:30 p.m. STUDY SESSION - 4:00 p.m. CLOSED SESSION - 5:20 p.m. xxxxxxxxxxxxxxxxxxx A. RECESSED AND RECONVENED AT 6:30 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil (arrived at 6 :40 p.m.), Bromberg, Glover, Proctor, Mayor Ridgeway Absent: Adams C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Council Member Proctor. E. INVOCATION - Reverend Monsignor Daniel Murray, Our Lady of Mt. Carmel Catholic Church. F. Proclamation to Donald H. Glasgow in recognition of his service and dedication to the City of Newport Beach and the village of Corona del Mar. G. NOTICE TO THE PUBLIC H. 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 Heffernan asked for clarification regarding what makes a report a consent calendar or public hearing item. • Council Member Heffernan requested a report on the recent embezzlement of $125,000 for a fire truck order. He asked how much money the City lost and what the City is doing to prevent this from happening again. • Council Member Heffernan asked for an update regarding the Bonita Canyon Sports Park. He noted that the project now has its third contractor and emphasized that there are a lot of kids and coaches depending on the opening of the park in spring. Volume 55 - Page 472 INDEX Glasgow (33) City of Newport Beach City Council Minutes November 12, 2002 Mayor Ridgeway announced that the City will conduct Council reorganization on December 10, 2002 at 4:30 p.m. and will hold the regular meeting on December 17, 2002. Mayor Ridgeway announced that Council will discuss Item No. 18 (Assessment District No. 86 Public Hearing) at 7:00 p.m. so the 7:30 p.m. public hearing (Item No. 19 — LDS Temple) can be heard as scheduled. Council Member O'Neil announced that the Goldenrod Bridge rededication will be held on November 21, 2002, at 9:00 a.m. He reported that the City rehabilitated the planter boxes, irrigation system, and lighting. He noted that the bridge was built in 1924. I. CONSENT CALENDAR City Clerk Harkless announced that Items 7 and 8 (Marine Avenue and Restaurant Business Improvement Districts) set public hearings for December 10; however, the hearing date will need to be changed since the regular meeting will be held on December 17. She also announced that the recommendation for Item 15 (709 E. Balboa Boulevard and 111 Main Street Real Property Lease) has been replaced by the supplemental agenda item distributed on Friday, November 8. City Manager Bludau stated that Item 15 will be continued. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF OCTOBER 22, 2002. 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. ORDINANCES FOR ADOPTION 3. PLANNING DEPARTMENT FEE SCHEDULE UPDATE. Adopt Ordinance No. 2002 -26 amending Exhibit "A" of Chapter 3.36 of the NBMC pertaining to the percentage of Cost Recovery for Planning Department Fees; and adopt Resolution No. 2002 -69 updating the schedule of fees for the Planning Department. 4. CODE AMENDMENT NO. 2002 -005 (PA2002 -161) - BALBOA VILLAGE DESIGN GUIDELINES. Adopt Ordinance No. 2002.27 (CA 2002.005); and adopt Resolution No. 2002 -70 approving the Balboa Village Design Guidelines. RESOLUTIONS FOR ADOPTION INDEX Ord 2002 -26 Res 2002 -69 Planning Department Fees (40/68) Ord 2002 -27 Res 2002 -70 PA2002 -161 Balboa Village Design Guidelines (68) 5. BALBOA YACHT BASIN RENTAL ADJUSTMENTS. Adopt I Res 2002 -71 Resolution No. 2002 -71 adjusting the slip and apartment rental rates at Balboa Yacht the Balboa Yacht Basin and rescind Resolution No. 2001 -89. [Council Basin (51) Volume 55 - Page 473 City of Newport Beach City Council Minutes November 12, 2002 Member Heffernan abstained due to a 6. MASTER LEASE/PURCHASE REFINANCING CONSOLIDATION. Approve the proposal received from Sun Trust Leasing Corporation to provide a master lease /purchase refinancing consolidation in the amount of approximately $1.9 million at a blended interest rate of 2.72% for five years; and adopt Resolution No. 2002 -72 authorizing the execution of the agreement with Sun Trust Leasing Corporation. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2002, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2003. 1) Approve Marine Avenue Business Improvement District 2002 Annual Report; and 2) adopt Resolution of Intention No. 2002 -73 and set the public hearing for December 17, 2002. 8. RESTAURANT BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2002, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2003. 1) Approve Restaurant Association Business Improvement District 2002 Annual Report; and 2) adopt Resolution of Intention No. 2002 -74 and set the public hearing for December 17, 2002. 9. Removed at the request of Council Member Heffernan. 10. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO SOUTHERN CALIFORNIA ENVIRONMENTAL AND PROGRESSIVE LAND CLEARING, DBA THOMAS DEMOLITION. Adopt Resolution of Intention No. 2002 -76 to award Non - exclusive Solid Waste Franchises to Southern California Environmental and Progressive Land Clearing, dba Thomas Demolition, and schedule the public hearing for November 26, 2002; and introduce Ordinance No. 2002 -28 granting Non - exclusive Solid Waste Franchises to Southern California Environmental and Progressive Land Clearing, dba Thomas Demolition, and pass to second reading on November 26, 2002. 11. PROPOSED JOINT POWERS AUTHORITY - INTEGRATED LAW AND JUSTICE AGENCY. Adopt Resolution No. 2002 -77 authorizing the City of Newport Beach to participate in the Integrated Law and Justice Agency for Orange County (ILJAOC) and authorizing the Mayor to execute the Joint Powers Agreement (JPA) associated with the City's participation. CONTRACTS AND AGREEMENTS ` 12. BALBOA VILLAGE IMPROVEMENTS - PHASE II - APPROVAL J OF PROFESSIONAL SERVICES AGREEMENT (C- 3527). Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with Psomas to provide construction engineering Volume 55 - Page 474 INDEX Res 2002 -72 Master Lease/ Purchase Refinancing Consolidation (40) Res 2002 -73 Marine Avenue Business Improvement District (27) Res 2002 -74 Restaurant Business Improvement District (27) Ord 2002 -28 Res 2002 -76 Non - Exclusive Solid Waste Collection Franchises (42) C -3579 Res 2002 -77 Integrated Law and Justice Agency (38/70) C -3527 Balboa Village Improvements Phase II City of Newport Beach City Council Minutes November 12, 2002 J. services for the Balboa Village Improvements Phase 2 for a fee of $50,000. 13. Removed at the request of an audience member. 14. ADDING A FIFTH INVESTMENT ADVISER. Authorize the City Manager to sign a contract establishing an investment adviser relationship between the City and MBIA Municipal Investors Service Corporation. 15. REAL PROPERTY LEASE FOR 709 E. BALBOA BOULEVARD AND UNITS 5 AND 6, 111 MAIN STREET. Continued to the November 26, 2002, Council meeting. MISCELLANEOUS ACTION 16. RECOMMENDATION FOR APPROVAL OF DATE FOR NEWPORT CLASSIC SURF CONTEST. Approve the dates of February 1 -2, 2003 for the Newport Classic Surf Contest at 56th Street. Motion by Mayor Pro Tern Bromberg to approve the Consent Calendar, except for those items removed (9 and 13), and noting the amendment to Items 7 and 8, the continuance of Item 15, and the abstention on Item 5 by Council Member Heffernan. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Adams ITEMS REMOVED FROM THE CONSENT CALENDAR 9. ROBINSON- SKINNER ANNUITY FOR NEWPORT BAY DREDGING AND ECOSYSTEM RESTORATION. Council Member Heffernan reported that this is a $32 million dredging project that will occur over 30 months. He stated that 2.1 million cubic yards of material will be removed from the Newport Bay. He asked about the likelihood of this occurring and about the public hearing process. Assistant City Manager Kiff reported that the Upper Newport Bay Ecosystem Restoration Project is a partnership with the U.S. Army Corps of Engineers, the County, and State. He indicated that this has already gone through environmental review, but the City is waiting for Federal funding. He noted that the State funding has already been set aside. He stated that it is anticipated that the Federal funding will be approved when Congress reconvenes after January. He indicated that they hope to begin this project in late October 2003. He confirmed that this is a 24 hour a day project, but emphasized that the Bay will be restored to its optimal ecosystem. He added that, weather permitting, Volume 55 - Page 475 INDEX (38) C -3591 Investment Adviser (38) BA -022/C -3578 Real Property Lease (38/40) Newport Classic Surf Contest (62) C -3694 Res 2002 -75 Council Policy H -5 Robinson- Skinner Annuity (51/69)/38) iI J City of Newport Beach City Council Minutes November 12, 2002 this will hopefully not have to be done for another 20 years. He clarified that the purpose for this is to establish an annuity for the next dredge in 20 years. He noted that this project is three times larger than the previous dredging project. Regarding the $32 million, Mayor Ridgeway reported that 65% of this is paid by the Federal government, but is not assured. He stated that the Harbor Quality Committee has been working to get the funding with Congressman Christopher Cox. Further, Assistant City Manager Kiff and he have met with the head of the U.S. Army Corps of Engineers. He noted that this is a multi - jurisdictional project. Motion by Council Member O'Neil to 1) adopt Resolution No. 2002- 75 authorizing the Mayor to execute a Memorandum of Agreement (MOA) between the City and the Regional Board relating to the City's administration of the Robinson - Skinner Annuity; and 2) adopt Council Policy H -5 relating to the administration of the Robinson- Skinner Annuity. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Adams 13. NEWPORT COAST COMMUNITY CENTER PROFESSIONAL SERVICES AGREEMENT FOR GEOTECHNICAL SERVICES. Madelene Arakelian, 1516 East Ocean Boulevard, stated that she received a fax from the California Integrated Waste Management Board regarding Section 21190 of Title 27 of the California Code of Regulations which specifies the general criteria for building on landfill property. She expressed concern about spending almost $46,000 for the geotechnical survey and requested that this issue be continued for two weeks so Council can read the document. She believed that it is inappropriate to consider building a community center in that area. Dolores Otting stated that she had a small trash business and watched the closure of the Coyote Canyon Landfill. She took issue that the pre - annexation agreement states that the community center may contain a gymnasium, library, etc., but noted that previous staff reports have also stated that it would encompass 22,000 square feet and include a gymnasium and a branch library. She reported that this staff report is for a site survey but also states that it would include a library. She noted that the City already has a really nice Central Library. She indicated that part of the problem with building this facility so close to a landfill is gas mitigation. She noted that the $46,000 will be coming from the Newport Coast Association Community. She stated that she is not sure the site is the best place for the community center or the best way to spend this money. She also asked about the liability. Volume 55 - Page 476 INDEX BA -021 C -3577 Newport Coast Community Center/ Geotechnical Services (38/40) City of Newport Beach City Council Minutes November 12, 2002 Council Member Heffernan stated that Newport Coast is in District 7 and that he has attended all of the Newport Coast Advisory Committee meetings. He reported that the residents canvassed the area and noted that it was their recommendation that the City proceed at this site. He stated that, under the annexation agreement, they have this discretion. He noted that there are few sites available for the community center unless it is purchased. He clarified that the City has some impetus to comply with the annexation agreement and proceed with the community center. He emphasized that the community center can only happen if the Newport Coast residents want to proceed. He reported that, if they do not proceed, the money will be refunded to them. Mayor Ridgeway stated that he walked every site in Newport Coast. He indicated that, once the location is sited, the City can sit down with the committee to determine what is required and what they really need. He stated that, during the initial negotiations, the committee wanted everything that was stated in the agreement; however, that could change. He clarified that the community center is actually being sited at the Newport Ridge Park, not the dumpsite. He stated that the dumpsite is being evaluated because it is adjacent to the park and is being considered for parking. He reported that one of the sites that was previously being considered is controlled by someone who has discouraged the use of the site and the other site is adjacent and within the Integrated Waste Management site. He added that The Irvine Company sites would cost from $7 million to $9 million. He assured everyone that the community center will not be sited on soil that is contaminated by a dumpsite. He noted that the staff report is for a feasibility study and does not commit the City to anything. Motion by Mayor Pro Tem Bromber¢ to 1) approve a Professional Services Agreement with Pacific Soils Engineering, Inc., and authorize the Mayor and the City Clerk to execute the agreement; and 2) approve a budget amendment (BA -021) appropriating $45,720.00 from the unappropriated balance Newport Coast Annexation Fund No. 298 to Account No. 7298- C5100705. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Adams N. PUBLIC HEARING 18. UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT DISTRICT NO. 86 (PENINSULA POINT) ALLEY BOUNDED BY: OCEAN BOULEVARD AND EAST OCEAN FRONT BETWEEN "G" STREET AND CHANNEL ROAD AND DESIGNATION OF THIS AREA AS AN UNDERGROUND UTILITIES DISTRICT. Mayor Ridgeway announced that this public hearing is being held pursuant to the Municipal Improvement Act of 1913. He stated that Volume 55 - Page 477 INDEX Res 2002 -78 Res 2002 -79 Assessment District 861 Peninsula Point (89) City of Newport Beach City Council Minutes November 12, 2002 this is the time and place for the public hearing on all protests or objections to the Resolution of Intention, Assessment Engineer's Report, and proposed assessments for Assessment District No. 86. He indicated that all written protests and all ballots must be received by the City Clerk prior to the close of the public hearing. City Clerk Harkless announced that the public hearing notice has been given in the manner and form required by law. Mayor Ridgeway opened the public hearing. Robert Hessell, Bond Counsel, stated that the Assessment Engineer is present tonight to present her report for the record. Joan Cox, Harris and Associates, Assessment Engineer, stated that the purpose of the public hearing is to have property owners register their protests and comments regarding the Assessment District for undergrounding the utilities. She reported that the boundaries of the Assessment District are on file, noting that Council has a copy of the Engineer's Report and that it is on file in the City Clerk's Office. She stated that every property is zoned single- family and benefits the same. She indicated that the only exception is for a property that was assessed 74% in another District. She stated that this property will be assessed 26% in this District. She reported that there is now an assessment ballot tabulation process due to Proposition 218, assessment ballots were mailed to all property owners in the District, the property owners have until the close of the public hearing to return the ballot, and she will tabulate the ballots and present the results to Council. She explained that, if there are more "yes" votes than "no" votes, Council can form the Assessment District. She reported that there are 135 parcels in this District which will be assessed $5,500 per parcel. Jim Hildreth believed that the undergrounding on Little Balboa Island pertains to this discussion. He stated that the concrete is cracked and the utility lids make noise on Little Balboa Island. He believed that the property owners should know that the concrete work that may occur with this undergrounding may not be up to standards and will be changing the aesthetic value of the area by putting the utilities underground. He added that the plates may also make a lot of noise when anyone drives by. He stated that the property owners should also be aware that, under the Utilities Commission's Act filings with the utilities, the only reason for having their utilities disconnected is for failure to pay fines. He indicated that their recourse is through the Streets and Highways Code and stated that they should look into it. Council Member O'Neil believed that his discussions are not relevant to the public hearing. Mayor Ridgeway requested that ballots be turned in at this time. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Volume 55 - Page 478 INDEX City of Newport Beach City Council Minutes November 12, 2002 K. Following the tabulation of votes, Ms. Harkless announced that there were a total of 106 ballots cast regarding Assessment District No. 86. She reported that 81.9% of the ballots were cast in favor of the proposed assessment (87 votes) and W.% of the ballots were cast in opposition (19 votes). She announced a majority protest has not been filed pursuant to Article XIIID and iWed that Council can proceed with the formation of the Assessment District. Motion by Mayor Pro Tern Bromberff to adopt Resolution No. 2002 -78 approving contracts for utility improvements and adopt Resolution No. 2002 -79 declaring the results of the ballot tabulation, confirming the assessment, ordering the acquisition of improvement, and approving the Assessment Engineer's Report for Assessment District No. 86 since there were more "yes" votes submitted (81.9 %) than "no" votes (18.1 %). The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Adams Jim Hildreth, The Grand Canal, believed that the web page the City created about him is irrelevant. He stated that he has asked for many documents to prove or disprove the City's claim, but has yet to find the documents. He indicated that Council has the obligation to all residents, including him, to state what is going on and, if he requests documents, believes that Council should be looking into this. He noted that Council has stated that the City has the right to destroy documents that are payment schedules. He believed that, if a structure or property is under dispute, the City does not have the right to destroy those documents. He added that he has been asking for the pier permit, but none of the permits he has requested have come forward to him. He believed that the City is hiding the documents he is requesting. He asked why and requested that Council do its job which they have been elected to do to look into this matter. He stated that he does not like the words "fallen on deaf ears" or being classified as a "nuisance" or a "complete nuisance" by the Da.ily Pilot. Mayor Ridgeway stated that all of Mr. Hildreth's requests are posted on the City's website and noted that the City has answered his questions numerous times. He requested a determination from the City Attorney about whether the City has to honor Mr. Hildreth's time since he continues to make the same request. He believed that Mr. Hildreth has been disrespectful to everyone in the room and to the entire City. • Richard Taylor, Vice President of the Airport Working Group (AWG) and member of the Aviation Committee, believed that the City has not yet received the response from the airlines that use John Wayne Volume 55 - Page 479 INDEX I City of Newport Beach City Council Minutes November 12, 2002 INDEX Airport (JWA), the Air Transport Association (ATA), and possibly the Federal Aviation Administration (FAA). He stated that the response could potentially impact the Settlement Agreement. He urged Council to do everything in its power to be forthright and open in discussions regarding the City's response. He stated that AWG and Stop Polluting Our Newport (SPON) will be involved in the response, but noted that he has not seen any written response and has only heard rumors about the response. He requested that this be discussed in an open session, not closed session, so the citizens know what they are being encumbered to and what they are being committed to by Council. City Attorney Burnham reported that the City has not received any letter from any air carrier or other person regarding the Settlement Agreement. He indicated that he was even asked by Doily Pilot Reporter June Casagrande about the letter, adding that she believed he made a comment about it to Mr. Naughton. He stated that he will check with the County Counsel's office in the morning and, if a letter exists, he will make it available to Council, AWG, and SPON. He noted that the City, AWG, and SPON are members of the staff coordinating committee which meets weekly to review these types of issues. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES • Regarding the Newport Coast Advisory Committee, Council Member Heffernan believed that an agreement is close regarding median, slope, and hillside maintenance. He reported that this issue is currently before the two master associations for their approval. He announced that the Fire Department has completed its assessment of the slope areas. He stated that the next step will be to bring them up to current City standards. He indicated that, hopefully at the January meeting, an agreement will be met regarding association reimbursements for slope maintenance that will be retroactive to the last fiscal year. Status report - Local Coastal Program Certification Committee. Mayor Ridgeway reported that they have received a Parking Study for the entire City, except for the Peninsula since there is one on record. Further, the City also has a Hazards Condition Report which discusses tsunamis. He indicated that the committee is reviewing the reports and will report further action as it becomes available. • Status report - Ad Hoc General Plan Update Conunittee (GPUC). Assistant City Manager Wood reported that the committee heard details regarding the telephone survey from the consultant. Further, they finalized the agenda for the Visioning Summit on November 16 at the Oasis Senior Center at 10 a.m. and 1 p.m. She stated that, at the Visioning Summit, they will present the findings so far from the Visioning process and break up into small discussion groups to discuss Banning Ranch, hotel development, the airport area, Fashion Island and Newport Center, larger homes, coastal bluff \ development, and traffic and transportation. Volume 55 - Page 480 City of Newport Beach City Council Minutes November 12, 2002 0 N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 140 WI. 17. PLANNING COMMISSION AGENDA FOR NOVEMBER 7, 2002. Planning (68) Regarding Item 1 (217 30th Street), Planning Director Temple reported that this item was heard by the Commission a couple of times and that there were unique circumstances regarding the small, triangular property. She stated that the principal issue was the need for the project to provide the required two parking spaces. She indicated that the solution was to install a residential parking elevator. Regarding Item 5 (1601 Balboa Avenue), Ms. Temple stated that the lot is a substandard size. She reported that the variance was approved but the Commission reduced the project by about 96 square feet and required the maintenance of a second floor rear yard setback greater than what was proposed by the applicant. Regarding Item 3 (3400 Via Lido), Ms. Temple stated that the Overstreet Winery wanted to have onsite alcohol service to include distilled spirits. Further, they also wanted authorization for live entertainment and to expand the hours of operation to stay open until midnight on Fridays and Saturdays. She indicated that there was concern about not being able to control what the business may become in the future. She explained that the City has a licensing process for live entertainment and staff suggested that this method be used as one way to approach live entertainment approvals, especially after the Commission's consideration of the Balboa Village Inn and its live entertainment issues. She stated that the Commission placed live entertainment conditions on the use permit. She explained that a permit operates like a license and is attached to a person, not a property, and is easier to revoke. Ms. Temple reported that an Alcoholic Beverage Outlet (ABO) use permit was approved in Fashion Island (Item 2, 2901 West Coast Highway). She also reported that the Commission reviewed a modification permit at 6705 Seashore Drive (Item 4) and amended the Modification Committee's modification and required both parking spaces to come in from the alley. She reported that the Commission also approved a substantial conformance determination for a previously approved use permit for Beacon Bay Car Wash (Item 6, 4200 Birch Street). She concluded by reporting that the Commission initiated a zone amendment to provide additional procedures for Heritage Theaters (Item 7) and landmark buildings. She indicated that, once the Commission concludes its deliberation, the item will come before Council for consideration. PUBLIC HEARING I 19. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF Use Permit 2002 -361 THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS LDS Temple (LDS) NEWPORT BEACH TEMPLE. (88) Mayor Ridgeway stated that this is a review of what the Planning Commission did and is a conditional use permit regarding the height, Volume 55 - Page 481 1 City of Newport Beach City Council Minutes November 12, 2002 lighting, and site plan for the Church of Jesus Christ of Latter Day Saints (LDS) Temple. He indicated that tonight is not a hearing for accusations or incriminations but is a de novo hearing on a land use decision. Mayor Pro Tom Bromberg stated that this is not a regular issue that comes before the City. He reported that there have been two Planning Commission hearings on this and that he attended both hearings. He indicated that this issue has been going on for almost 18 months and noted that it almost became an issue of neighbor versus neighbor. He stated that the site is in his district and across from Council Member Heffernan's district. Mayor Pro Tom Bromberg stated that this area of Bonita Canyon was initially a part of Irvine and then was annexed into Newport Beach where there was a 50' height limit. He indicated that the church wanted to build a temple and applied for a use permit for a 124' steeple. He reported that, at the first hearing, the Planning Commission indicated that, considering all the circumstances, 124' was too high. At the second hearing, the church proposed a 99'9" steeple; however, there were still a lot of concerns from the residents. Mayor Pro Tern Bromberg believed that, if there is a contentious issue in a neighborhood, it is the council member's responsibility to get involved. He indicated that he chose to be a facilitator and met with two Salt Lake City representatives (Rob Pulley and Keith Stepan), Bob Wynn, and Weatherford Clayton from the church. He emphasized that they were concerned about the community. He stated that he told them that, considering everything that occurred, maybe a further accommodation might be appropriate; however, if this issue came before Council for a vote, Council would most likely sustain the Planning Commission decision. He reported that, a few days later, he received a call from Mr. Wynn that the church is proposing to lower the steeple to 90' and reduce the angel from 12' to 8'. He emphasized that the church made this offer willingly because of the concerns of the community. Mayor Pro Tom Bromberg reported that he informed the appellants of the proposal and indicated that they were pleased with it and even stated that they want to sit down and talk with the local church representatives after this is over. He reported that the appellants offered to withdraw their appeal; however, he was advised by the City Attorney to not have them do that because Council would lose jurisdiction and would not be able to hear the issue. Mayor Pro Tom Bromberg thanked Rob Pulley, Keith Stepan, Weatherford Clayton, Bob Wynn, Steve Brombal, Bob Dias, Kathy Cole, and Ken Wong for spending countless hours on this. Motion by Mayor Pro Tern Brombere to uphold the decision of the Planning Commission to approve the LDS Temple project, but amend Condition of Approval No. 16 to read, "The overall height of the Temple, including the steeple and angel, shall be no more than 90 feet from the proposed finished floor elevation of 193.5 feet above mean sea level." Council Member Heffernan stated that six of the seven appellants are from his district. He indicated that he attended the Planning Volume 55 - Page 482 INDEX 7 City of Newport Beach City Council Minutes November 12, 2002 Commission meetings, read the Environmental Impact Report (EIR), read the Commission minutes, and talked to some of the Commissioners. He noted that he only received one email regarding the 99' 9" steeple decision prior to the filing of the appeal. He reported that he has met with the appellants, Bob Wynn, and Weatherford Clayton, and noted that he told the appellants that he supports the Planning Commission decision because he believed that the facts were heard and the Commission did its job correctly. He indicated that he also relayed this to the church. He stated that he was not part of the discussions with the Salt Lake City representatives or appellants regarding the 90' proposal. Council Member Glover stated that she read in the Doily Pilot that the process had been tainted. She announced that she briefly spoke with Council Member Adams, Mayor Pro Tem Bromberg this morning, and extensively with Council Member O'Neil about this issue. She noted that people have called to set up meetings with her, but she has not met with anyone else. She believed that people need to remember what a community is, noting that people today do not want schools, playgrounds, or churches beside them. She stated that these things used to be the heart of a community. She indicated that she has always been willing to do what the church wanted because they, along with schools and playgrounds, are important to the community. Council Member O'Neil commended Mayor Pro Tem Bromberg and Council Member Heffernan for taking the lead and resolving this matter. He agreed that it is common for the council member from the district to try to resolve the issue and added that the Brown Act prevents Council from working on issues together outside of the public process. He stated that he is pleased that Mayor Pro Tem Bromberg and Council Member Heffernan brought forward a solution tonight and indicated that he is prepared to support the motion. Council Member Proctor thanked Mayor Pro Tem Bromberg and Council Member Heffernan for all their hard work because having the parties reach a resolution is a much better way of solving problems than having a contested hearing in which only one side ends up happy. He stated that, if this is what the parties want, he does not have a problem with supporting the motion. If this is not the case, he will be listening to testimony as he would if this were litigation. He indicated that he also has not talked to the parties, but upholding the Planning Commission decision would be the appropriate conclusion from his review of the documents. Mayor Ridgeway agreed with Council Member Glover's statements regarding the sense of community. He reported that he met with LDS representatives on a couple of occasions, and met with Steve Brombal, Bob Dias, and David Wolf. He stated that there is a conditional use process for steeples. He noted that Monsignor Murray told him that the steeple at Our Lady of Mt. Carmel Catholic Church located on the Peninsula is 60', but was approved for 90' in 1950. Mayor Ridgeway opened the public hearing. Volume 55 - Page 483 INDEX City of Newport Beach City Council Minutes November 12, 2002 Weatherford Clayton, Church of Jesus Christ of Latter Day Saints representative, stated that he is grateful for the wonderful work the City has done to help them get to this point tonight. He reported that the church has worked over the last 18 months to create a project they think the City would be proud of. He indicated that temples are the most sacred buildings on earth for them. He stated that he is also grateful for the opportunity to work with great neighbors. He reported that the church is proposing a 90' steeple that will be beautiful. He added that they are looking forward to building the temple with the support of Council and the neighbors. Ron Talmo, Attorney, 2415 N. Hesperian, Santa Ana, stated that he represents several of the appellants, but believed that his statements would be mirrored by all the appellants. He thanked Mayor Pro Tem Bromberg for his efforts. He stated that the proposal is a wonderful solution, thanked the church, and welcomed them to the neighborhood. Dolores Otting stated that she has been to a lot of the meetings and asked about the lighting of the grounds, believing that this has not been addressed. Dick Nichols, Council Member - elect, believed that the steeple would look better if it were 100' rather than 90'. He stated that the church has this right and asked if the City would do this to the down coast area. He indicated that they probably should have kept the church in Irvine, built it, and then brought it into the City. He added that the Stake Center has a right to an 86' steeple and asked if the City would allow them to do this. Steven Brombal, 21 Regents, emphasized that this was never a civil war, but was very civil. Mayor Pro Tern Bromberg stated that he indicated that this was close to a civil war. Mr. Brombal noted that, last month, he recommended making a deal and now there is one for 90'. He stated that they embrace the proposal and are ready to move forward as a community. Peggy Stair, 2240 Port Durness, thanked Council Member Heffernan and Mayor Pro Tom Bromberg. Regarding Council Member Glover's statement, she assured everyone that they never did not want the temple or did not welcome them to the neighborhood. She noted that the church already has a building there and the entire community had been fine with having them in the neighborhood. She emphasized that everything will be fine and that this will be a good thing for the neighborhood and the community. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Mayor Ridgeway reported that the lighting concern is addressed in the original Planning Commission approval. He emphasized that the only item being changed tonight is the height of the steeple. Council Member Proctor stated that he had previously been co- counsel with Mr. Talmo, but noted that he had not talked to him about this. He Volume 55 - Page 484 INDEX City of Newport Beach City Council Minutes November 12, 2002 indicated that Mr. Talmo answered his question about how the appellants feel about this. He commended Mayor Pro Tem Bromberg and Council Member Heffernan for bringing the community back to a sense of community. He stated that he is supportive of the motion. Council Member Glover stated that she just wants to be sure that the church is comfortable with the height, adding that it appears they are. Council Member Heffernan stated that, if this is what the applicant/land owner wants, he will support the motion. Noting that Mr. Talmo recently entered the picture, Mayor Pro Tem Bromberg assured everyone that there had been no legal threats, a lawsuit filed, or anything like that. He stated that this was never about whether a temple should or should not be built, nor was it ever a religious issue. The issue was about the steeple. He indicated that this has worked out to everyone's credit. He stated that maybe the church or residents will hold an open house to get everyone together. Mayor Ridgeway commended Mayor Pro Tem Bromberg, the appellants, and the church for getting together. He stated that he would have supported the Planning Commission decision and that he let Mr. Brombal and the others know that. He agreed that the 99' 9" steeple would look very graceful, but assured everyone that the church is desirous to move forward with the temple as compromised tonight. Mayor Ridgeway stated that his perception from reading the materials is that Joe Bentley represented the church well and indicated that they were moving forward prior to the staff report. He noted that both entities were under the impression that the Stake Center steeple was 71'. He reported that the staff report used working drawings and emphasized that no one is at fault. He noted that the staff report listed the steeple as 86', but the working drawings were wrong and were given to the City by the City of Irvine. He reported that the appellants admitted to him that they thought the steeple was 71' and was going to write into the EIR that they did not think the existing steeple was 86'; however, they remained silent. He stated that Mr. Bentley also remained silent probably because he, like the appellants, felt that the staff report was correct. He stated that he is giving Mr, Bentley the benefit of the doubt and believed that he should not be vilified. He believed that Mr. Bentley was made the scapegoat when both sides were laboring over a report that had improper information. He stated that Mr. Bentley is a good man and that this should be put behind everyone. He wished the church and the neighbors well. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: Adams Volume 55 - Page 485 INDEX City of Newport Beach City Council Minutes November 12, 2002 Recessed at 8:20 p.m. Reconvened at 8:25 pan. O. MOTION FOR RECONSIDERATION - None. P. ADJOURNMENT - in memory of Paul Lee Hummel. Reconvened to Closed Session at 8:25 p.m. Adjourned at 10:20 p.m. The agenda for the Regular Meeting was posted on November 6, 2002, at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on November 8, 2002, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary r Mayor Volume 55 - Page 486 INDEX