HomeMy WebLinkAbout05/25/2004 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
May 25, 2004 - 7:00 p.m.
STUDY SESSION - 4:00 p.m
INDEX
CLOSED SESSION - 6:15 p.m.
xxxt * ** x+rttererxtx **
A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
B. ROLL CALL
Present: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Absent: Adams (excused)
C. CLOSED SESSION REPORT - None.
D. PLEDGE OF ALLEGIANCE - Council Member Webb.
E. INVOCATION - Ms. Pat McLaughlin, Second Church of Christ Scientist
F. PRESENTATIONS
Youth Government Annual Report. Aaron Israel, Youth Council Liaison and
Youth Council Chairman, stated that the Youth Council has done some excellent
things this year and introduced Youth Council Vice Chair Ablia Kattan.
Miss Kattan utilized a PowerPoint presentation and reviewed their
responsibilities, events, community service activities, and goals. She thanked
Mayor Ridgeway on behalf of the Youth Council for being the City liaison. Mayor
Ridgeway stated that it is a joy and honor to be a part of the Youth Council and
also thanked Recreation Manager Levin for all his work.
Presentation for Balboa Island Parade by Craig Page. Mr. Page announced
that on June 6 at 11:00 a.m., for the 11th consecutive year, the Balboa Island
community will be celebrating the dedication of the Fire Station. He highlighted
the list of participants and, on behalf of the Balboa Island Improvement
Association and the Parade Committee, invited Council to attend and presented
them with commemorative parade t- shirts.
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 Bromberg reported that 49 teams participated in the
American Cancer Society Relay For Life and raised about $90,000. He
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City of Newport Beach
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May 25, 2004
INDEX
stated that the broad Squad raised the most money ($15,000). He
indicated that Mayor Ridgeway was there and slept overnight with his
children in a tent. He thanked everyone for participating.
• Council Member Bromberg reported that he held a town hall meeting for
the Little Balboa Island residents regarding replacing or retrofitting the
Little Island Bridge. He indicated that the straw vote was basically split.
He stated that Public Works Director Badum and Engineer Dalton gave a
presentation that evening. He announced that Little Balboa Island will
take a vote, he will then make a recommendation to Council, and they will
decide which way to go. He stated that Little Balboa Island residents will
receive a packet of information with renderings, an explanation of what
the retrofit process will be, and provide an option for a temporary bridge.
• Council Member Bromberg asked staff to contact him via email relative to
where handicap parking spaces are in West Newport. Council Member
Rosansky reported that there are about four to six parking spaces in the
two public lots, but noted that they are never used.
• Council Member Rosansky thanked all the people who came out for the
Adopt -A -Beach Program last Saturday morning at the Balboa Pier. He
announced that about half the blocks have been adopted. He stated that
people can get more information about adopting a beach by logging onto
the City's website.
• Council Member Heffernan noted that the extended cable franchise
agreements are about to expire. He stated that the committee needs to
meet and get this worked out.
• Council Member Heffernan reported that they discussed the no smoking on
the beach ordinance at the study session and Council was split. He stated
that this issue was referred to the Parks, Beaches & Recreation
Commission. He indicated that they will report their findings to Council in
120 days which will give them a chance to see how Santa Monica and Los
Angeles' ordinances operated during the summer, and how enforcement
and legal issues were handled.
• Mayor Ridgeway announced that he was on the Council Critters team
during Relay For Life and the Fire Department cooked a pancake
breakfast. Council Member Bromberg added that there were a lot of
volunteers and people supplying services during the event. He announced
that Me and My EV even supplied carts to drive individuals around the
track who couldn't walk because of some disability or because they were
going through cancer treatment.
Mayor Ridgeway announced that agendas are on the City's website, are
printed in the newspaper, and are posted on the City Hall bulletin board.
He reported that he asked the Public Information Office and the City Clerk
to work with all the departments to post notices and agendas at a specific
time, twice a week, on cable television (Channel 3). He hoped that this will
happen before the next meeting.
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City of Newport Beach
Regular Meeting
May 25, 2004
► 1 R-
I. CONSENT CALENDAR
READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. Removed at the request of an audience member.
2. Removed at the request of an audience member.
ORDINANCE FOR ADOPTION
3. Removed at the request of an audience member.
RESOLUTIONS FOR ADOPTION
4. AMENDMENT TO RESOLUTION ESTABLISHING THE
(100/2004)
ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE. Adopt
Resolution No. 2004 -39 amending Resolution No. 2003 -18 regarding
membership, attendance and purpose and responsibilities of the
Environmental Quality Affairs Committee.
5. Removed at the request of Council Member Heffernan.
CONTRACTS AND AGREEMENTS
6. Removed at the request of an audience member.
7. DOVER DRIVE SIDEWALK DESIGN - APPROVAL OF
C -3652
PROFESSIONAL SERVICES AGREEMENT WITH VAN DELL AND
Dover Drive
ASSOCIATES. 1) Approve a budget amendment (04BA -062) in the
Sidewalk Design
amount of $19,838 from the Transportation and Circulation fund balance,
(38 /100 -2004)
260 -3605, to Transportation and Circulation, Dover Drive Sidewalk
Design, 7261- C5100712; and 2) approve a Professional Services Agreement
with Van Dell and Associates, Inc. of Irvine, for the design of the Dover
Drive sidewalk at a contract price of $69,838 and authorize the Mayor and
the City Clerk to execute the Agreement.
S. Removed at the request of Council Member Heffernan.
9. SIDEWALK REPLACEMENT PROJECT (FY2003 -04), PHASE 2 -
C -3693
AWARD OF CONTRACT (C- 3693). 1) Approve the plans and
Sidewalk
specifications; 2) award the contract (C -3693) to International Pavement
Replacement
Solutions Inc. for the total bid price of $118,827 and authorize the Mayor
Phase 2
and the City Clerk to execute the contract; and 3) establish an amount of
(38/100 -2004)
$11,137 to cover the cost of unforeseen work.
10. Removed at the request of Council Member Nichols.
11. IRVINE AVENUE MEDIAN LANDSCAPING PHASE II - DOVER
C -3576
DRIVE TO HOLIDAY ROAD - COMPLETION AND ACCEPTANCE
Irvine Avenue
OF CONTRACT (C- 3576). 1) Accept the work; 2) authorize the City
Median
Clerk to file a Notice of Completion; and 3) authorize the City Clerk to
Landscaping
release the Labor and Materials bond 35 days after the Notice of
(38/100 -2004)
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City of Newport Beach
Regular Meeting
May 25, 2004
►Iff -ITA
Completion has been recorded in accordance with applicable portions of the
Civil Code; and 4) release the Faithful Performance Bond one (1) year after
Council acceptance.
12. Removed at the request of Council Member Nichols.
MISCELLANEOUS ACTIONS
13. Removed at the request of an audience member.
14. Removed at the request of an audience member.
15. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE
(100 -2004)
NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE
FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNT
FOR FY 2003 -04. Approve a budget amendment (04BA -064) in the
amount of $10,000.
16. BUDGET AMENDMENT. Approve a budget amendment (04BA -065) to:
(100 -2004)
1) appropriate unanticipated revenue funds in the amount of $12,000 from
account 4320 -5162 (Adult Sport) to expenditure account 4320 -8080;
2) appropriate unanticipated revenue funds in the amount of $42,000 from
account 4330 -5150 (Fee Based Classes) to expenditure account 4330 -8080;
and 3) appropriate unanticipated revenue funds in the amount of $6,500
from account 4340 -5144 (Aquatics) to expenditure account 4340 -8080.
17. 2004 -05 PROPOSED BUDGET HEARING; 2004 -05
(100 -2004)
APPROPRIATION LIMIT HEARING. Schedule a public hearing of the
City's Proposed Budget and Appropriation Limit for the 2004 -05 fiscal year
on June 8, 2004 at 7:00 p.m. in the City Council Chambers, 3300 Newport
Boulevard, and direct the City Clerk to publish a notice of said hearings.
18. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS
(100 -2004)
CITIZENS ADVISORY COMMITTEE. Confirm appointment of Kristine
Adams as a Community Association Member to the Environmental Quality
Affairs Citizens Advisory Committee (EQAC).
Motion by Council Member Brombere to approve the Consent Calendar,
except for those items removed (1, 2, 3, 5, 6, 8, 10, 12, 13 and 14).
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Abstain: None
Absent: Adams
J. PUBLIC HEARINGS
19. REVIEW, APPROVAL AND SUBMISSION OF THE FY 2004 -2005
(100 -2004)
ONE -YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD).
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City of Newport Beach
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May 25, 2004
Program Administrator Trimble reported that, about a month ago, an item
was presented to Council approving the public service portion of the grant
allocation for the Community Development Block Grant (CDBG) program.
He indicated that this staff report is the remaining portion and is the
submission of the one -year action plan to the Department of Housing and
Urban Development (HUD). He stated that, after receiving public
comments, they will submit the Action Plan to HUD for their review and
approval.
Mayor Ridgeway stated that the lady from Serving People In Need (SPIN)
sent Council a note to thank them for the contribution the City will be
making with this motion.
Council Member Heffernan stated that there are a number of charities and
a large amount of the funds is going to the Balboa Village. Mr. Trimble
explained that 20% of the funds goes to administration, 15% goes to public
service grants, and the remainder goes to any eligible activities under the
Block Grant program (i.e. public improvements, housing programs, and
ADA programs). He announced that their normal allocation is about
$437,000, but there was left over money from prior years that they
allocated in this year's budget. He explained that public improvements,
like the Balboa Village, are eligible under the Block Grant program as part
of community revitalization. Further, the fund is going towards a
matching program with other public monies. He noted that the Section
108 loan is an advance on the CDBG program which is a major funding
component for the Balboa Village project.
Motion by Council Member Brombere to approve the Action Plan for
submittal to HUD.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Abstain: None
Absent: Adams
20. CODE AMENDMENT NO. 2004 -003 (PA2004 -066) — REQUEST TO
AMEND DISTRICTING MAP NO. 25 TO ESTABLISH A 10 -FOOT
SETBACK ON ORANGE AVENUE FOR A PROPERTY LOCATED
AT 3315 CLAY STREET.
Motion by Council Member Webb to introduce Ordinance No. 2004 -10
and pass to second reading on June S, 2004.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Abstain: None
Absent: Adams
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(100 -2004)
City of Newport Beach
Regular Meeting
May 25, 2004
21. UPDATE OF LOCAL COASTAL PROGRAM (LCP) LAND USE
PLAN — LCP AMENDMENT NO. 2004 -001 (PA 2003 -093).
Mayor Ridgeway announced that he was on the Local Coastal Program
Certification Committee (LCPCC) to draft the LCP, along with Council
Members Bromberg and Webb, and reported that it took two years to
generate.
Senior Planner Alford utilized a PowerPoint presentation to explain the
Coastal Act which was adopted by the legislature in 1976 and established
the California Coastal Commission (CCC). He reported that the goals of
the Coastal Act are to protect, maintain and enhance natural and artificial
coastal resources; balance the utilization and conservation of coastal
resources; maximize public access and recreational opportunities; and
make coastal dependent and related development a priority. He displayed
the City's coastal boundary and explained that the preparation of an LCP
is the primary method in which Coastal Act policies are implemented. He
reported that each local government is required to prepare an LCP for the
portion of the coastal zone that lies within their jurisdiction, it must be
certified by the CCC, and it consists of the land use plan and an
implementation plan. Mr. Alford explained that this is mandated by
SB516 which requires the City to submit an application to the CCC to
allow the continued use of the Newport Coast LCP after annexation. He
noted that the LCP was supposed to be submitted by June 30, 2003;
however, he explained that staff had a draft prepared in November 2002
but it was determined that extensive public outreach was necessary. He
reported that the City is currently paying a $1,000lmonth late fee to the
State Coastal Conservancy and, if the City fails to do this, the CCC could
impose an LCP just as they did in Malibu.
Mr. Alford reported that, after certification, coastal development permit
authority will be delegated to the City; the CCC would retain permit
jurisdiction over certain areas like tidelands; and the CCC would continue
to serve as an appellate authority over coastal zone permits that are
approved by local governments in specific geographic areas. He stated that
the LCP is to be used to review coastal development permits and not to
approve something that is inconsistent with the zoning code or general
plan. He added that the CCC wants language in the LCP to indicate that,
if there is a conflict between the LCP and a city policy, the LCP would take
precedence. He explained that the CCC wants to be able to review the
project against the LCP and not any other ordinance. Mr. Alford noted
that the City has a detailed general plan that has narratives and tables
that describe land use entitlements. He stated that the CCC doesn't need
to see this but only needs the relevant portion of the general plan that is
enough to convey information on land use type, location, density and
intensity. He indicated that they tried to condense this information in the
form of a Coastal Land Use Map to convey the information without
reproducing the entire Land Use Element in the LCP.
Mr. Alford reported that all R -1 and R -2 developments, with the exception
of the first row of lots adjacent to the shoreline, are under a categorical
exclusion that has been in effect since 1977. He stated that, under the
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Coastal Act, all categorical exclusions expire upon certification of the LCP.
However, included in the LCP is direction to immediately proceed with a
new categorical exclusion which continues the current exclusions and
expands it to include the commercial strip on the south side of Coast
Highway in Corona del Mar. He reported that this was discussed with
CCC staff who indicated that they would support this proposal and would
also support this being done concurrently with the certification.
Mr. Alford reported that the CCC commented that there is an
overemphasis on general commercial land uses in the coastal zone and
they wanted to see more dedicated commercial designations in the City
that lean more toward visitor- serving uses. He stated that the LCP
addresses this through a visitor - serving designation. Further, the City has
made the case that the existing general commercial uses are visitor -
serving and used the information from a retail market analysis from 2002
to prove it. He reported that the analysis shows that a high percentage of
the general commercial areas in the coastal zone are dedicated to visitors
of the coastal zone.
Mr. Alford reported that the current ban on onshore oil and gas operation
facilities is included in the LCP, as well as the opposition to additional
offshore operations. He noted that this is also included in the City's
charter. He stated that the CCC has indicated that an outright prohibition
would be inconsistent with the Coastal Act since those uses are permitted
uses in the coastal zone.
Regarding Banning Ranch, Mr. Alford reported that this area has oil and
gas operations, contains a number of sensitive habitats, coastal bluffs and
other natural features. Additionally, this area is under discussion by the
General Plan Advisory Committee (GPAC) regarding future land uses. He
indicated that, rather than try to address these issues in the LCP or
translate the existing land uses from the general plan, they decided to
submit this as a deferred certification area which is an area that would be
excluded from the LCP for now so it does not hold up the certification for
the rest of the City's coastal zone. He stated that this could be addressed
later through an LCP amendment or adoption of a separate LCP segment
for that area.
Mr. Alford stated that the California coastal trail/oceanfront boardwalk is
an issue that came up late in the process. He noted that they received
statements of support for extending the oceanfront boardwalk from 36th
Street to the Santa Ana River as part of the California coastal trail. He
reported that the LCP calls for the City to cooperate with the State to
develop the coastal trail through the City; however, public access in that
area is still shown to end at 36th Street and follow onto Seashore Drive to
the Santa Ana River. He believed that they can continue cooperating with
the State but it does not necessarily involve extending the boardwalk.
Mr. Alford reported that Environmentally Sensitive Habitat Areas (ESHA)
stem from the fact that the current LCP land use plan uses this term to
designate very large geographic areas to indicate that some or parts of
them may contain ESHAs. He stated that the Coastal Act has severe
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restrictions on development within ESHAs and severe land use controls.
He stated that this is addressed in this draft of the LCP by separating out
the geographic areas that were identified in the current LCP and
identifying environmental study areas where there are narratives
describing the various resources, rather than using "ESHA" to describe
them. He reported that there is a separate section that outlines the
process for designating area ESHAs, but they do not designate any areas
in the LCP as an ESHA. He stated that this will be a separate process
that will be handled on a project -by- project basis.
Regarding eelgrass, Mr. Alford indicated that some people believe that
eelgrass should be designated as an ESHA and some people believe it is
more of a nuisance and should be eradicated. He reported that this is
addressed in the LCP by shifting the current policy to a more baseline
approach in which they could maintain a critical habitat of eelgrass in the
harbor to allow other projects to proceed as long as the baseline is
maintained.
Mr. Alford noted that the Bayview Landing project had issues regarding
where wetland boundaries were in that area. He stated that they set up
procedures for establishing definitions for wetlands and a procedure where
they could modify the definitions, if necessary, when there are ambiguities
on various parameters that are used to designate a wetland. He indicated
that they feel this is consistent with the CCC's recent actions and feel that
something like this should be incorporated in the LCP.
Mr. Alford reported that the current LCP land use plan and general plan
call for the protection of coastal bluffs and this has been carried over in the
draft LCP with more detail. He indicated that the major difference from
the current policy is that they recognize that there are two types of coastal
bluffs in the City — natural state bluffs and ones within existing developed
neighborhoods that have been altered over time. He stated that there is
basically two standards in which the more pristine bluffs will be protected
from any type of development, except development for public safety or
public facilities. He added that the bluffs in developed areas would have
limitations that would restrict them based on the predominant line of
development.
Mr. Alford referenced the slide regarding public outreach, highlighting
that the LCPCC held 17 hearings over 18 months; the LCP was reviewed
by the City management staff in 2003; was reviewed by City committees
and commissions; and was reviewed by community, advocacy groups, and
individuals. He noted that the LCPCC incorporated a number of revisions
into the later drafts of the document. He reported that copies of the draft
LCP were placed at all the libraries, sent to adjacent cities and the County,
posted on the internet, and made available for loan or purchase. He added
that over 200 notices were mailed to community groups, business
associations, advocacy groups, governmental agencies, and individuals. He
stated that the Planning Commission held three public hearings in March
and April, and they received comments at those hearings from over 60
individuals and organizations. Mr. Alford stated that next they will
complete the adoption of the land use plan, make a formal application to
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City of Newport Beach
Regular Meeting
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the CCC, the CCC will hold public hearings, and revisions will be sent back
to Council for final adoption. He reported that the implementation plan
process will begin after this which involves hearings with the Planning
Commission and Council before sending the application back to the CCC.
Council Member Heffernan asked what happens if the City doesn't like
what the CCC sends back or doesn't have an implementation plan.
Mr. Alford clarified that SB516 calls for the submittal of a complete
application; which includes an implementation plan, and only having
certification of the new land use plan will not be sufficient. He pointed out
that SB516 only requires the City to submit it to the CCC and have them
deem it to be a complete application, but the City is not under obligation to
formally adopt it. City Attorney Burnham stated that there is an
expectation on the part of the legislature and the CCC that the City would
act in good faith relative to the submittal of a land use plan and
implementing ordinances.
Council Member Heffernan stated that, given the fact that Newport Beach
is a coastal city and it does not have an LCP, he asked if there is historical
basis in the City that leaves us where we are today. Planning Director
Temple stated that the City initiated actions to commence the final
certification through the adoption of an implementation plan three
separate times before this effort. She indicated that the three reasons they
stopped were due to an initial belief that adoption of the plan would
increase the level of bureaucracy by adding an additional permit layer; the
level of detail that the CCC was asking for in the implementation plan was
thought to be beyond what was reasonable; and CCC staff identified an
issue related to extending or readopting the existing categorical exclusion
which could result in many R -1 and R -2 projects being subjected to a
coastal development permit public hearing process where none exists
today. She indicated that they did think they would continue on with the
implementation plan, but it was delayed due to loss of staff in the Planning
Department in the mid- 1990s. She confirmed that, if someone needed a
coastal development permit, they currently would go to the CCC to get it;
however, if this is implemented, the City would make the decision in most
cases. She stated that not wanting to be the decision -maker was never a
leading reason for prior Councils to not pursue implementation.
Council Member Nichols requested and received clarification from
Mr. Alford relative to the locations of the categorical exclusions. He stated
that the current exclusion only applies to R -1 and R -2 properties and they
are proposing as policy that the categorical exclusion include the south side
of Coast Highway in Corona del Mar. City Attorney Burnham added that
they are not establishing the City's coastal zone boundary in this
document, noting that this has already been established by State law. He
reported that the map is also on the internet in the event they are
questioning whether their home or property is in the coastal zone. Mayor
Ridgeway noted that the coastal zone has been around since 1972 and was
adopted by the legislature in 1976.
Council Member Nichols believed that people need to review this
document, noting that he was not aware of some of the things mentioned
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tonight. He stated that he does not understand why the City does not say
the harbor is a working harbor and, since it is a working harbor, eelgrass is
not a problem here. He indicated that Redondo Beach has taken this
position. Council Member Bromberg explained that Redondo Beach did
not have to deal with this issue because they do not have eelgrass.
Mr. Alford explained that the issue of eelgrass goes beyond the State and is
a Federal issue. He reported that the LCP does recognize shortcomings
and they are trying to set up a strategy to deal with the eelgrass issue
through the establishment of a baseline. He explained that the baseline
concept would establish a minimum acreage in the harbor in order for the
eelgrass to fulfill its habitat function. He stated that, as long as the
baseline is maintained, other areas containing eelgrass could be developed.
City Attorney Burnham stated that the mitigation requirement is a CCC,
Department of Fish and Game, or Army Corp of Engineers requirement
since they issue permits for dredging. He explained that the proposed plan
seeks to establish a strategy for addressing issues related to eelgrass in a
manner consistent with the protection of the environment and the desire of
property owners around the bay to be able to maintenance dredge so the
harbor can continue to function in an effective way. Mayor Ridgeway
pointed out that the LCP is not trying to address eelgrass but is trying to
set a future policy.
Council Member Nichols asked if the City will continue to pay fines if the
Banning Ranch issue is deferred. Mr. Alford explained that addressing the
area as a deferred certification area will fulfill the City's requirement
under the Coastal Act. Further, SB516 only requires the City to address
the portions of the City that were in the City as of 2000. He noted that
most of Banning Ranch is outside the City's limit, but is in its sphere of
influence. He added that CCC staff feels that some of the land use policies
on Banning Ranch are premature and indicated their support for declaring
it a deferred certification area. He emphasized that the Coastal Act
encourages the City to work closely with the CCC staff throughout the
drafting of the document.
Council Member Nichols noted that the LCP takes precedence over the
general plan. Mr. Alford reported that the document also includes a
statement that it could not be used to approve a development that is more
dense or intense than what the general plan allows. He clarified that a
large portion of the implementation plan will include the zoning code. City
Attorney Burnham confirmed that which ever is more restrictive between
the Land Use Element or LCP applies.
Jim Hildreth, Newport Beach, stated that his father helped put this
together in 1976. He believed that the City says it has failed to keep
proper records, and is now planning to take over more responsibility and
police themselves. He expressed the opinion that the City has not proven
to be a custodian but the County has, and believed that the City should
amend its agreement with the County and pay them more for their
services. He reminded Council that the Harbor Department is in
conjunction with Seal Beach. He stated that he has yet to see SB516, it is
new to him, and wondered why. He believed that the Grand Canal could
be filled in because of moving eelgrass. He also reminded Council about
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the oil derricks his father helped the City obtain on the other side of
Superior between the Santa Ana River, and asked if this is the Banning
site. He expressed the opinion that this is lucrative and vaguely presented
to the public, believing that this is being pushed through quickly.
Council Member Rosansky noted that many members of Council own
property in the coastal zone and asked if anyone has a conflict. City
Attorney Burnham stated that he does not believe anyone has a conflict
since the document will affect the public generally.
Vicky Edwards Ziesche, Newport Beach, stated that she finds it distressing
that Council would approve the LCP tonight and questioned why the
Planning Commission and Council would give control of their property to
the State. She indicated that there are examples of bad City decisions like
the John Dominus structure. She stated that her taxes increase yearly yet
her property rights decrease. She strongly urged Council not to vote
tonight to approve the new LCP. She noted that 200 individuals were
notified but only 60 responses were received. Mayor Ridgeway noted that
the notification also included community associations.
Fleetwood Joiner, Corona del Mar, stated that he is a resident of Irvine
Terrace and thanked the Planning Commission and staff for keeping the
Irvine Terrace property in its entirety as an exempt neighborhood in the
LCP, and for maintaining the categorical exclusion for all R -1 and R -2
residential properties. In response to Mr. Joiner's questions, Mr. Alford
stated that language was added in the LCP which indicate that the bluffs
along Bayside Drive from Promontory Point to Irvine Terrace do not meet
the definition of coastal bluff and would not be subject to the policies, but
would be covered by the categorical exclusion. He indicated that they
would be exempt from needing a coastal development permit regardless of
the project and, therefore, the policies of the LCP would not apply. He
noted that there is a section that deals with coastal views from public
roadways but those would only be reviewed on a development that is
subject to a coastal development permit.
Gary Ziesche, Newport Beach, stated that he that assumes all the bluffs
along Mariners Mile are part of the protected bluffs. He expressed concern
that many people residing on the bluffs don't exactly know what's
happening and that he does not know to what extent they will be affected.
Further, some power may not allow him to do something but the provision
may not actually kick in for years. He asked why Irvine Terrace and
Promontory Point get a free pass and where the LCP is located on the
internet. Mr. Alford reported that the LCP can be found at
http: / /www. city. newport- bgach.ca.us /Pln /LCP[LCP.htm. He referenced the
coastal zone map, noting that most of West Newport and areas along Coast
Highway and the bluffs are not in the coastal zone and are not subject to
the policies of the LCP. Mr. Alford reported that, in addition to the normal
noticing that goes in the newspapers, they also had a display ad identifying
Planning Commission and Council public hearings, mailed notices to
community and business associations, as well as any advocacy groups,
governmental agencies, and individuals who asked to be on the mailing
list.
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In response to Council Member Nichols' question, Mr. Alford indicated that
Corona del Mar is a different case because most of the bluffs are adjacent
to the shoreline and are not covered under the categorical exclusion. He
confirmed that the properties that are not covered by the categorical
exclusion have to get a coastal development permit through the CCC, not
the City. He reiterated that the current categorical exclusion includes R -1
and R -2 properties that are behind the first row of lots along the shoreline
and that the City will apply for a new categorical exclusion to continue this
after the LCP is certified. He stated that CCC staff has indicated that they
would support the City with a concurrent filing and hearing on a new
categorical exclusion or to continue it after the LCP is certified.
Council Member Webb stated that people think the City has the option to
not adopt the LCP; however, every agency within the coastal zone has to
adopt an LCP. He pointed out that, if the City does not adopt an LCP or
has a different opinion than the CCC, the CCC will adopt an LCP for the
City and the City will be required to accept it. He stated that the City is
trying to put together the best document possible to help as many
residents work through the process and, once a plan is adopted, a very
large portion of the community will not have to get permits from the State.
He believed that the process is an overall benefit for the City in the long
run. Mr. Alford concurred and added that the major reason for developing
an LCP is to have local influence on the policy document. He noted that
the findings of the State legislature requires that the development of LCPs
rely heavily on local input. He stated that, in addition to having the
document drafted by the City, permanent authority would be shifted from
the State to the City so coastal development permits would be reviewed by
City staff, not State staff.
In response to Mayor Ridgeway's question, Mr. Alford clarified that
Proposition 20 set up a temporary Statewide coastal commission and a
series of regional commissions whose charge was to develop the Statewide
plan for the protection of the coastline. He stated that this plan basically
became the Coastal Act through its passage by the legislature in 1976.
Jan Vandersloot, Newport Heights, indicated that he was not notified of
this meeting and believed there were many others who were not notified.
He stated that he would like the opportunity to read the final draft before
Council makes a final decision. He believed that it is not sufficient to say
that the document is on the web and, therefore, people have been noted.
He stated that Council should abide by what the Coastal Act says about
wetlands and not allow ambiguities to creep into the definition of wetlands.
He indicated that he is opposed to any kind of categorical exclusion to what
was originally coastal bluffs. He stated that most of the coastal bluffs have
been modified to some degree. He noted that when there is a discretionary
action of whether or not to allow a development to cascade down a hill on a
coastal bluff, then you have that property categorically excluded and it
takes away from protection of what the coastal bluff is. He suggested
having an even - handed policy throughout the City and not have any
categorical exclusions. Dr. Vandersloot reported that there are reasons
why eelgrass does not grow in the City's proposed mitigation sites, like
pollution in the Rhine Channel. He stated that people should be more
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appreciative of what the eelgrass offers as an environmental benefit to the
foraging areas of endangered species of birds and a nursery for the fishes.
He emphasized that the reason we all love Newport Beach is because of its
natural settings.
Mayor Ridgeway reported that the Harbor Area Management Plan which
attempts to deal with eelgrass is not part of the LCP, and has not been
adopted by the Department of Fish and Game, the CCC, the City, or the
Army Corp of Engineers. He added that there was never and has never
been a proposal to try to plant eelgrass in the Rhine Channel.
Terry Welsh, Chairperson of the Banning Ranch Park and Preserve Task
Force, stated that they have been around for four years and are a local
Costa Mesa/ Newport Beach group. He stated that they would like to see
the property purchased for a fair price from the owners and would like to
see the entire Banning Ranch become a park. He invited Council and
everyone to a presentation of their vision for Banning Ranch on June 2 at
7 p.m. at the Costa Mesa Community Center. He stated that, if you
compare the coastal bluffs on the Banning Ranch property to other bluffs
in the City, you can see that they are the most unaltered coastal bluffs in
the City and he would like to see the final LCP insure that they have the
most protection. Mr. Welsh stated that he attended one Planning
Commission meeting regarding this and requested that these meetings be
known to more people. He noted that the GPAC survey indicates that the
most popular option is to purchase the property even if it means an
increase in property taxes. He presented his email address so that he can
be made aware of the meetings. He emphasized that Council has a
wonderful opportunity to affect the future of Banning Ranch. Mayor
Ridgeway reiterated that Banning Ranch is a deferred certification area,
the City is not taking any action on it, and it will remain as -is at this point.
Laura Kern, Corona del Mar, stated that she read about the LCP but was
not aware of the meeting until she received a notice last week. She agreed
that it would be helpful to have the same publicity as there was for the
Visioning Process and other activities that are highly publicized. She
referenced Section 4.1.5 and noted that the language about the Dunes was
changed which points out the importance of having native California
plants. She stated that she would like to see the intent of this provision be
extended to the bluffs, whether they are natural or manufactured.
Further, she would like to understand how the City will promote the
restoration of native habitat. She reported that the City can take the
leadership role in educating the public about the importance of native
habitat and change how the City plants at beaches.
Hearing no further testimony, Mayor Ridgeway closed the public hearing.
Council Member Bromberg stated that he sits on the LCPCC and he has
looked at what other cities do regarding outreach, and no one compares.
He added that there was also a committee update at every Council
meeting. He believed that there also needs to be a certain amount of
citizen responsibility. He indicated that people show up to the meetings
when they have an interest in an issue; however, there is always someone
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who won't get the word about the meeting. He emphasized that the City
did not ask for or want this task, but it will do the best possible job. He
stated that they are looking out for the overall good of the City, but there is
always going to be some part of the community that will be upset with the
City no matter what it does. He believed that, when this is done, the City
will have the best LCP in California. He reported that they have gone
through four major drafts of the LCP.
Motion by Council Member Bromberg to adopt Resolution No. 2004 -41
approving the Coastal Land Use Plan with the deletion of the sentence
"Such easements should extend from the mean high tide line landward to a
point fixed at the most seaward extent of development" in Section 3.1.1 -11,
and authorizing submittal to the Coastal Commission for formal review
and approval.
Council Member Webb emphasized that, by adopting this, submitting it to
the CCC, and getting it approved by the CCC, the City is really getting
local control over the issuance of coastal permits within the City which will
be a great benefit to the City and its citizens so they don't have to attend
CCC meetings throughout the State.
Council Member Nichols asked if this could be continued for one meeting
and whether this requires a second vote to pass. City Attorney Burnham
indicated that this does not require another reading to pass.
Substitute motion by Council Member Nichols to continue this item
to the June S, 2004 Council meeting.
Council Member Nichols stated that he made the motion so citizens have
one more chance to see this since it is as important as the general plan. He
reported that it is on the web and now people have been notified. He
stated that he received the report earlier than most people, but he hasn't
been able to go over all of it.
Council Member Heffernan stated that ordinances and other things have
two hearings. Further, as important as this is and since the City has been
reluctant to adopt a coastal plan for years, he believed that the citizens
deserve a second meeting.
Mayor Ridgeway stated that he will not be supporting the substitute
motion. He indicated that he chaired the LCPCC and has made a report at
every Council meeting for the last six months. He stated that
Dr. Vandersloot testified at the Planning Commission meeting and that
the document is not much different than what was presented at the
Planning Commission meeting. Mayor Ridgeway pointed out that the
public also has an opportunity to speak at the CCC meetings.
The substitute motion failed by the following roll call vote:
Aves: Heffernan, Nichols
Noes: Rosansky, Bromberg, Webb, Mayor Ridgeway
Abstain: None
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Absent: Adams
Council Member Bromberg's motion carried by the following roll call vote:
Ayes: Rosansky, Bromberg, Webb, Mayor Ridgeway
Noes: Heffernan, Nichols
Abstain: None
Absent: Adams
22. NEWPORT TECHNOLOGY CENTER, 500 -540 SUPERIOR AVENUE,
AMENDMENT TO USE PERMIT NO. 3679, TRAFFIC STUDY
NO. 2003 -001 (PA2003 -122).
Senior Planner Campbell reported that this project was approved by the
Planning Commission and was called for review at the last Council
meeting by Mayor Ridgeway and Council Member Nichols. He stated that
the project is a request by Newport Technology Center, LLC to lease the
buildings for office uses. He stated that the buildings were constructed in
2002/2003 as a research and development (R &D) project. He indicated
that they want to change the mixed uses that occupy the project site,
noting that the applicant has a 50% office ratio. He reported that they
reevaluated the traffic generation for the project pursuant to the traffic
phasing ordinance (TPO). He stated that the traffic analysis concluded
that no additional impacts at area intersections would occur and no
mitigation measures are required. He reported that they conducted
supplemental analysis on some intersections in Costa Mesa and found that
those would operate at acceptable levels of service. He stated that they
feel that the findings have been met. He added that there is also an
amendment to the use permit associated with the application, noting that
there were several conditions of approval that related to the prohibition of
office with the previous use permit but those have been amended. He
reported that additional consideration with the use permit involved the
building bulk, adding that this was overlooked in 2001 when the buildings
were constructed.
Mr. Campbell reported that they received a letter from Phil Arst of
Greenlight who believe that the project would be inconsistent with the
general plan and criticized some of the traffic and zoning analysis. He
stated that these issues were presented to the Planning Commission at the
last hearing, but it is staffs position that the project does meet general
plan and zoning requirements. He noted that the property also meets the
industrial designation and pointed out that it is also in the M -1 -A zone. He
reported that offices, businesses, and professional uses are permitted uses
and that allowing offices in the M -1 -A zone has been a policy since 1966.
Council Member Rosansky noted that the City worked with Costa Mesa on
the impacts of their intersections, but pointed out that Mr. Arst's numbers
were significantly different. Public Works Director Badum reported that
they contacted Costa Mesa today and talked with Dave Sorge, the
supervisor of the traffic engineer, who indicated that they do not support
Mr. Arst's numbers and are satisfied with the work that has been done so
far by staff.
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Mayor Ridgeway asked if the traffic study by Kunzman Associates and the
additional intersection studies were given to Costa Mesa. Mr. Campbell
stated that the analysis and data used for the supplemental analysis came
from Costa Mesa. Mr. Badum indicated that he is not aware of any
conversations, but the basis of the analysis came from Costa Mesa and
speculated that they would be in agreement with the City's numbers. He
added that they spoke with Costa Mesa this afternoon so they were aware
of the meeting. Mr. Campbell reported that a Costa Mesa staff member
was at an earlier Planning Commission meeting in which the item was
continued, and they did have conversations with that staff member;
however, he does not know if the traffic analysis was transmitted to them.
Mayor Ridgeway reported that on November 29, 2000, Costa Mesa sent a
letter and asked the City to study some intersections but the letter was
ignored. Mr. Campbell indicated that they did not ignore the letter but
reviewed it and looked at the intersections in conjunction with the negative
declaration. He added that they prepared responses to comments, they
were shared with Costa Mesa, and they did not disagree with the analysis.
Mayor Ridgeway reported that the letter mentioned that the traffic
analysis for the old Raytheon site was done over a 24 -hour period because
they operated 24/7. He believed that the numbers in terms of the
employee -base are based on a 24/7 operation instead of an 8 or 10 hour
day. Mr. Campbell reported that the analysis they did with the negative
declaration rested on the prior TPO analysis for the former R &D. He
stated that they had a high number of employees and they looked at the
peak hour analysis. He reported that they still find that there is no impact
to area intersections even with the increase in traffic they anticipate with
this project.
Mayor Ridgeway asked if some of the floor area ratio (FAR) numbers were
based on an employee ratio. Mr. Campbell explained that the FAR
analysis was based on the implementation of the zoning code and this is
how they limited the project site to 43% office and 57% R &D. He reviewed
the FAR analysis on handwritten page 7 and explained how the weighted
factor was determined per Section 20.63.040. Ms. Temple reported that
Section 20.63.040 was adopted in 1990 subsequent to the adoption of the
general plan update in 1988. Mayor Ridgeway indicated that he is not
sure if he understands the difference between R &D (.75 FAR) and office (.5
FAR). He stated that R &D gets a bonus of .25 FAR when you subtract .5
from .75, and asked about the methodology. Ms. Temple indicated that she
does not know. Council Member Webb believed that they are trying to
come up with a situation because R &D normally needs more space per
person and should be allowed more square footage because they produce
less traffic and less need for parking. Mayor Ridgeway noted that R &D
now is a more intense employment use than in 1988.
Mr. Campbell confirmed for Council Member Nichols that there is a multi-
level parking structure there. He indicated that what was missed in 2001
was that the project was allowed to exceed the basic building bulk
standards. He reported that the project couldn't be built out as 100% office
since that would've violated the FAR and been inconsistent with the
general plan. Council Member Nichols believed that, when they took down
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the manufacturing, they could've put less offices and more parking and
met the .5 FAR. Mr. Campbell clarified that, if the project was 100% office
use, it would've had to be built at .5 and a much smaller project would've
been built. Council Member Nichols stated that the use was also
industrial manufacturing which is less than the typical R &D use for
parking per square feet. He believed that the R &D supported the original
zone as a manufacturing site; however, when it went to predominantly an
office site, it did not have sufficient parking. Mr. Campbell stated that the
prior use did have aspects of manufacturing, as well as office, but he is not
aware of any manufacturing occurring in the current project. He
emphasized that the current use permit does not allow any office use which
is the purpose of this application. He reported that the site actually has a
surplus of parking according to the current standard for office of 4 spaces
per 1,000 square feet, and added that R &D is 2 per 1,000.
Mayor Ridgeway stated that traffic assumptions are based on 1,965
employees. Mr. Campbell confirmed that they want to limit the overall
project by the number of employees if it stays R &D based on traffic
assumptions, that the employee number was taken from the old Raytheon
project, and the numbers were taken over three shifts. He noted that they
evaluated the peak hour trip generation not average daily trips. Mayor
Ridgeway noted that, if you back into the numbers over a 24 -hour shift, the
building could be about 470,000 square feet; however, he does not know
what the number is if you factor it back to a building that has a daytime
workforce that is less than 1,965 employees. He stated that he is not
comfortable with the square footage, but the application for the
modification of the TPO fits within the current code. Mr. Campbell
explained that, since the original approval, the City permitted the project
under the premise that office uses can only be ancillary to a manufacturing
use; however, this was a false premise. He stated that the general plan
uses the term "professional service offices" and they believe that to be a
descriptive list, not a limiting list. Further, if you go to the M -1 -A zone, it
talks about offices, business, and professional uses and the term has been
on the books since 1966 as a permitted use in the M -1 -A zone. He reported
that the general plan does not talk about these uses being ancillary or
accessory to any other use. He stated that this comes out of a provision of
the zoning code in the M -1 -A zone that was created in 1988. He believed
that, although there are different terms, they are talking about the same
types of uses. He explained that if a general office is now not permitted in
the M -1 -A zone, that would be new territory for the City to implement.
Mayor Ridgeway asked if there is historical record about the 1966 code
regarding office use and ancillary office use as it relates to R &D.
Ms. Temple reported that she researched the March 1966 staff report and
ordinance. She stated that the staff report described the changes as
generally being clarifications of the uses permitted in the district. Further,
it indicated that the proposed changes were suggested through a land use
committee that included planning staff and property owners. She reported
that the staff report noted that the most important change was that
restaurants would now be required to have a conditional use permit. She
stated that she can only guess that they considered the establishment of
administrative and professional offices as an expressed permitted use, as
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INDEX
opposed to a use which must be ancillary to other uses principally allowed
in the district.
Council Member Nichols stated that he worked in a similar building that
had manufacturing, R &D, and a restaurant. He stated that when this type
of building shifted to an office structure, the R &D had to have the ancillary
to make it balanced. He believed that the structure never would have
passed under the present zoning rules.
Council Member Webb asked if past uses are consistent with the general
plan. Mr. Campbell stated that they believe that the project is consistent
with the general plan and offices in the M -1 -A zone have been something
that the City has been looking at and permitting since 1966. Mr. Campbell
indicated that the traffic engineer found that, based on the traffic study,
increased uses and peak hour traffic does not impact any intersections.
Council Member Webb stated that documentation has determined that the
project meets the code.
Council Member Heffernan expressed concern about stating that R &D is
almost 2:1 these days, believing that the City is going 6:1 for medical. He
believed that they will eventually have to change to all offices. He believed
that R &D is never 2:1 these days and this will create a huge crag mire as
far as use because there is inadequate parking and this will create more
traffic than calculated. He recognized that planning's hands and the
Commission's hands are tied based on the current definitions.
Mayor Ridgeway opened the public hearing.
Carol Hoffman, Government Solutions Inc., stated that she has
represented the property since its original approval and has always worked
with staff to ensure they meet the requirements and are consistent with
the general plan. She indicated that her clients are responsive and willing
to live with the constraints on the number of employees. Further, if there
was a question about the use, they went through a detailed rationale with
staff to demonstrate that it was R &D. She reported that they met with the
Planning Director and looked at the floor plan, layout, and the amount of
space that was going to be used for the number of anticipated employees.
She agreed that things changed since 2001 when the project was approved
and this is why they looked at a detailed traffic study. She stated that it
took over a year for the traffic division to hire an outside consultant and
assured everyone that they want to be sure they were consistent with the
general plan and Greenlight. She explained that the traffic study was
done again when Costa Mesa was doing additional traffic counts in order to
verify the figures at the intersections. Ms. Hoffman stated that they made
the findings to allow increased height on the buildings at the time of the
original approval and that, if you look at the findings required for bulk,
they're almost identical. She indicated that they would've met those
findings in 2001 if it was included in the staff report. She noted that the
Planning Commission looked at the findings and agreed that the bulk and
FAR issues were covered. She agreed that the calculations for .5 and .75
are complicated; however, they went through the analysis again in every
effort to ensure that they are meeting the requirements and are confident
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INDEX
that they have gone through the calculations.
Ms. Hoffman stated that manufacturing did exist originally, but
manufacturing now takes a slightly different form. She noted that
sometimes it could take one person on a computer when it used to take five
people to assemble in a manufacturing area. She pointed out that,
although there are offices connected with manufacturing, there are also
offices connected with warehousing and R &D. However, a true office
separate from R &D is a category they wanted to make sure was permitted
by the traffic. She stated that it was most important to them to do the
traffic analysis and show that traffic impacts were not going to occur. She
reported that, if the outcome was 42% or 40 %, they would've accepted the
limitations. She stated that they are willing to live with the requirements
of the original use permit for either office or R &D use and understand they
have to go through a set of criteria to demonstrate that. Further, they are
willing to continue to demonstrate that they will comply with the number
of employees on the site. She noted that the Planning Commission
approved their request on a 7 -0 vote and, if Council has additional
conditions they wish to impose, they will be happy to consider them.
Noting that Ms. Hoffman is on the Hoag Hospital Board, Council Member
Heffernan asked if the hospital has signed off on the traffic impact.
Ms. Hoffman stated that this did not officially go to the Hoag Board
although there was discussions between her client and Hoag. She noted
that she was not a part of any discussion to avoid a conflict of interest, but
reported that the discussions have been terminated at this point. She
indicated that Hoag has not taken a position but has been monitoring all
the approvals and representatives have attended the hearings. Council
Member Heffernan noted that he appealed the matter when this was in the
design phase because of the traffic condition on Hospital Road. He added
that this was satisfactorily addressed at the time.
Council Member Nichols believed that the Newport Technology Center will
be holding the total number of employees to 1,965. Mayor Ridgeway
indicated that 43% is deducted from 1,965, which gives the R &D a
maximum of 845 employees. Council Member Nichols stated that the ratio
of the whole building is 200 square feet per employee which will almost
give each employee executive -sized offices. He noted that the City can't
control the number of people in a house and questioned how the City is
going to control the number of employees to have reasonable parking.
Mayor Ridgeway indicated that this is a staff condition and the
enforcement becomes a City obligation. He noted that there is a review by
the Planning Director as to R &D use. Ms. Hoffman added that tenant
improvements have to be looked at and business licenses have to be
assigned, and that there are a couple of ways they can indicate the number
of employees during these processes.
There being no further public testimony, Mayor Ridgeway closed the public
hearing.
Council Member Bromberg noted that the Planning Commission voted 7 -0
on this issue. He stated that be studied their minutes very closely and
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indicated that the Commission spent a good amount of time laboring over
this. He added that he agrees with everything Council Member Heffernan
said regarding R &Ds and ratios. He pointed out that the use is consistent
with what the City has been doing for many years and is consistent with
the general plan. He added that he is comfortable with the Commission's
findings because any occupant is going to have to demonstrate that their
plan is consistent with the development restrictions, which will be pled
directly to the Planning Director.
Motion by Council Member Brombere to affirm the decision of the
Planning Commission to approve the amendment to use Permit No. 3679
and Traffic Study No. 2003 -001.
Council Member Rosansky stated that he will be voting in favor of the
motion, but believed that converting 43% of the building to office space will
not be the savior of this project. He noted that they had two years to lease
the other 57% for R &D but they only have one small tenant now. He
indicated that he does not like the idea that the City is going to have to
monitor this property to make sure they do not exceed the number of
employees. Further, 2 spaces per 1,000 square feet for R &D space is
ridiculous these days. He suspected that the City will be seeing this again
as the applicant finds that the project will not be successful. He
recommended that the Planning Department review the codes and take a
21st century look at what the requirements will be for parking, traffic, etc.
He believed that the Costa Mesa figures are suspect, but he is not a traffic
engineer. He noted that those intersections are impacted in Costa Mesa
and another 1,000 employees is just going to add to everyone's burden.
Council Member Nichols stated that the Greenlight data shows that there
are three Class E intersections with traffic over .9. Council Member Webb
noted that staff talked with Costa Mesa's staff today who indicated that
the numbers in the Greenlight letter are not correct so Council should not
be considering them.
Council Member Heffernan stated that no one needs a traffic engineer to
know that those intersections are bottled up. However, that issue is not
before Council. He indicated that, if the City is going to update the general
plan, it can do something about the ratios then. He stated that the
applicant has spent a lot of money and time, and has been bitten by the
market, believing it is not fair for the City to change the rules on them. He
added that he is moved that Hoag has not weighed in to oppose this, even
though they will be directly impacted.
Mayor Ridgeway believed that the 1966 and 1988 codes are archaic, needs
to be evaluated by staff, and this should not wait for the general plan
amendment process to take affect. He stated that R &D is a different
animal today than in 1988, noting that the City's ordinance supports this
project. He indicated that he wished Mr. Kunzman would've been here.
He questioned the traffic study which indicates that 170 Street and
Newport Boulevard is working at a level Service D; however, this is not
before Council. He expressed the opinion that the 43% will not change
anything.
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The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Mayor Ridgeway
Noes: Nichols
Abstain: None
Absent: Adams
Mayor Ridgeway recessed the meeting at 10:00 p.rrL and reconvened at 10:15 p.m.
with all members of Council present.
Without objection, Council Member Webb requested to take Item 25 out of order.
O. CURRENT BUSINESS
25. DISCHARGE OF WEAPONS ORDINANCE.
Mayor Ridgeway explained that this item is being taken out of order due to
the safety concern associated with having guns in the Council Chambers.
Deputy City Attorney Ohl reported that the ordinance proposes minor
changes to the current code to allow the City to prohibit the discharge of
air soft guns. He stated that the current ordinance does not cover these
types of devices, noting that these are fired with a mechanical device as
opposed to pressure at the breach.
Police Chief McDonell stated that the existing ordinance covers weapons
that are actuated by compressed gas; however, those that are operated by
mechanical means (spring action, electronically, or by battery) are not
covered in the code. He noted that this will not prohibit people from
owning them or carrying the weapons, but only prohibits them from
discharging them within the City limits. He utilized the guns on the
conference table to demonstrate how hard it is to determine which are real
and which are air soft guns. He noted that the issue is whether a police
officer can tell in a split second. He pointed out that some of the guns are
designed to fire automatically. He reported that some of the weapons on
the table were taken during a La Palma incident in which young men were
jumping over fences onto school grounds. He stated that the neighborhood
called the police, officers arrived, and one of the men was almost shot
because he wouldn't drop the weapon at the officer's command. He
reported that, at the last legislative session, the air soft industry was
successful in creating an amendment to State law that basically took the
guns out of the classification of imitation firearms. He stated that this
eliminates the requirement to have them distinctively marked with some
type of coloring. He indicated that this creates a problem for the police
officers and the community, noting that they receive calls on a regular
basis about young people engaged in war games. He concluded by stating
that the ordinance would essentially preclude the spring - loaded air soft
weapons and those that are fired electronically from being discharged
within City limits.
In response to Council questions, Chief McDonell emphasized that the
purpose of the ordinance is to save the lives of the people carrying the
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INDEX
weapons because this is a tragedy waiting to happen. He indicated that
the State is considering bringing these weapons back under the imitation
firearm requirement. He confirmed that the ordinance makes it illegal to
discharge any type of air gun or pistol, as long as it is a result of pressure
exerted at the breach from a barrel. He noted that a person needs to be 18
years old to purchase a gun but parents can purchase it for their children.
He added that they are also being purchased over the internet. City
Attorney Burnham reported that that penal code preempts local agencies
on all issues regarding guns (i.e. possession, sale), except discharge.
Jim Hildreth, Newport Beach, believed that brandishing a weapon in front
of a police officer is already against the law and that the ordinance does
not preclude anyone from carrying the weapons or having possession of
them. He suggested doing a public outreach to people who have children
who want to play with these. He expressed the opinion that the City does
not need an ordinance that says people can't discharge these weapons, but
it needs people to tell parents that these weapons could be life threatening
to your children if you let them play with them in City limits. He asked if
this also precludes people to have dart board pistols. He also asked where
does the limit stop as to the restriction of freedom and if this is to protect
the general public or the police officer from accidentally shooting someone.
He talked about the state of paranoia, but emphasized that people need to
know their neighbors. He noted that poking your eye out is also a
possibility and asked if paint balls guns are included in the ban.
Louise Fundenberg, thanked the Channel 2 News at 6:00 p.m. for
highlighting the Newport Beach Police Department and showing a
reenactment of the La Palma incident. She stated that, if she is playing
cops and robbers and is into the game, she may end up pointing it at a
policeman and getting shot. She noted that she couldn't tell the difference
on television and can't tell the difference with the guns on the table. She
expressed hope that the City passes as much legislation as it can.
Motion by Council Member Webb to introduce Ordinance No. 2004 -11
and pass to second reading on June 8, 2004.
Council Member Nichols indicated that he is not going to vote for this. He
stated that he has a friend who lives in Kennesaw, Georgia, where there is
an ordinance that requires at least one person per household to have a gun
and be trained in its use. He indicated that Kennesaw has the lowest
crime rate of any city in that area. He asked if it is legal to use a weapon
in self defense against an intruder. Mayor Ridgeway clarified that the
issue before Council deals with air soft guns, not real weapons in a home
and exercising self defense. Council Member Nichols believed that the
ordinance makes it against the law to discharge a weapon in the City for
any reason. Mayor Ridgeway noted that the law is not directed towards
the protection of life and limb in the home, pointing out that the air soft
guns are used by young people who are carrying them around the City.
Council Member Bromberg emphasized that, if children are shooting these
in the City and an officer believes it is a real weapon, something really bad
could happen. He stated that the ordinance will take it out of the loop
completely and has nothing to do with defending the homestead. Council
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City of Newport Beach
Regular Meeting
May 25, 2004
Member Nichols indicated that he thinks the City should support the
Second Amendment.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: Nichols
Abstain: None
Absent: Adams
K. PUBLIC COMMENTS
Louise Fundenberg thanked the City for the new City Hall sign.
Jim Hildreth, Newport Beach, referenced the City's webpage, particularly
the fourth paragraph of the key points. He stated that the letter is a
complaint about a float which he believed the City calls a platform that
berthed a sea doo. He displayed photos, stating that the float is no longer
being used and the sea doo is no longer in the harbor; however, the
paragraph indicates that the complaint was about a platform in relation to
a pier. He indicated that the platform is not in the way of navigational
concerns even during dredging.
Linda Grant asked that someone on Council reopen the motion that was
passed at the last meeting regarding not allowing R -1 districts to have
weekly rentals. She believed that the public has not been properly notified
and that this will impact a lot of business owners. She stated that her
friends near the Wedge rent out their house during the summer when they
go on vacation and the money supplements their income. She believed that
people don't know they need a permit to do this.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Ridgeway requested a waiver from doing the reports so Council can move
on to other items.
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
23. PLANNING COMMISSION AGENDA FOR MAY 20, 2004.
Planning Director Temple reported that Item 2 was an initiation of a code
amendment to the Mariners Mile specific plan and design overlay to
reconsider the tree and hedge treatments. She stated that Item 3 was the
first consideration of a proposed code amendment regarding recovery
facilities in residential zones. She indicated that City Attorney Burnham
and a consulting attorney have worked on this for quite some time. She
stated that the Commission requested consideration of several changes to
the findings and indicated that this item was continued to June 17.
Ms. Temple stated that Item 4 was for a use permit for an alcoholic
beverage outlet in Fashion Island. She reported that it was approved.
Regarding Item 5, she stated that this was an appeal of a Modifications
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City of Newport Beach
Regular Meeting
May 25, 2004
Committee decision of a permit at 1931 Port Laurent. She reported that
the Commission determined that the requested determination was minor,
given the location of the lot and compared to the other lots in the
neighborhood. She stated that the Commission approved the request as
originally applied for by the applicant.
Ms. Temple reported that they considered an amendment to the Corporate
Plaza Planned Community Development Plan which addressed the speck
locations for medical offices within the planned community and included a
readjustment of the parking requirements for the overall planned
community. She reported that this item was recommended for approval
and will come before Council automatically.
Ms. Temple stated that the last item on the agenda was the first public
hearing on the general plan amendment, zone change, and use permit for a
proposed expansion of the _St. Andrews Presbyterian Church. She
indicated that the hearing was very extensive and there was much
testimony on both sides. She reported that the Commission asked for an
extensive amount of additional information, so the item was continued to
June 3.
Council Member Heffernan asked about the status of the medical parking
ratio change to 6:1. Ms. Temple stated that they are concluding their
studies and will be bringing it to the Commission as soon as they complete
the report probably at the end of June, beginning July.
N. CONTINUED BUSINESS
24. PUBLIC RIGHT -OF -WAY ORDINANCE.
Public Works Director Badum reported that issues were raised by several
utility companies about Section 13.20.290(A), Opportunity to Cure and
Correct, which directly conflicted with emergency provisions. He stated
that the previous ordinance indicated that, if they identified a situation
where there was a safety hazard that needed to be corrected immediately,
they would not give notice to the curer. However, the amended ordinance
modifies the statement so it is not in conflict and reads, "Not less than
fourteen (14) days following receipt of written notice by Director, or such
shorter period as may otherwise be provided in this chapter."
City Manager Bludau reported that there was some testimony at the last
meeting in opposition to this; however, Jennifer Gonzalez of Southern
California Gas Company was here earlier tonight and indicated that the
Gas Company no longer has any opposition. Further, the Edison Company
is also in support of this.
In response to Council Member Rosansky's statement, City Attorney
Burnham concurred that "not less than 14 days" should actually state, "not
more than 14 days ". He also confirmed that the ordinance should be
reintroduced.
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City of Newport Beach
Regular Meeting
May 25, 2004
110113 D►1
Motion by Council Member Bromberg to reintroduce amended
Ordinance No. 2004 -9 pertaining to use of the public right -of -way.
Jim Hildreth, Newport Beach, believed that the section states that the
Director may notify the general public in the vicinity that work is going to
be done. He stated that, if people are going to be affected by work down
the road, they should know what's going on even if it is an emergency and
not notified after the work has been done.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Abstain: None
Absent: Adams
P. ITEMS REMOVED FROM THE CONSENT CALENDAR
Council Member Webb asked if testimony on the Consent Calendar can be limited
to two minutes due to the late hour. Council Member Rosansky stated that he is
getting uncomfortable with limiting the comments all the time. He indicated that
it's different if it's done on an occasional basis, but unfortunately the meetings
seem to be running late frequently. He stated that he understands that some
people abuse the privilege.
Mayor Ridgeway stated that he asked the City Clerk to review other cities'
regulations and reported that most other cities allow three minutes and none offer
five minute testimonies.
Motion by Council Member Webb to limit Consent Calendar testimony to two
minutes.
The motion failed by the following roll call vote:
Ayes: Heffernan, Rosansky, Nichols
Noes: Bromberg, Webb, Mayor Ridgeway
Abstain: None
Absent: Adams
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF MAY 11, 2004.
Jim Hildreth, Newport Beach, stated that he will limit all his comments to
three minutes. Regarding volume 56, page 905, he indicated that he said
more people and realtors weren't speaking in opposition to the proposed
ordinance. Further, his statement is missing about a lot of people
spending short periods of time and coming down here to visit, as well as
Disneyland and other resorts. Regarding volume 56, page 911, he stated
that he didn't word the first sentence the same way. He believed he did
not say misappropriation of funds but mentioned that the City could not
keep records correctly and this is the reason why they lost their
jurisdiction. He stated that he wished the City Clerk would record his
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City of Newport Beach
Regular Meeting
May 25, 2004
a little bit better.
Motion by Council Member Bromber:r to waive reading of subject
minutes, approve as written and order filed.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Nichols, Mayor Ridgeway
Noes: None
Abstain: Webb
Absent: Adams
2. READING OF ORDINANCES AND RESOLUTIONS. No action taken.
3. CABLE COMMUNICATIONS FRANCHISES ORDINANCE.
Jim Hildreth, Newport Beach, referenced page 6 of the ordinance and
stated that the covers are making a lot of noise. He asked if this is part of
the underground utilities franchise ordinance to make sure they are in
good order and maintained. He believed that the franchise should include
noise abatement because of the continual undergrounding utilities.
Motion by Council Member Webb to adopt Ordinance No. 2004 -8
relating to cable communications franchises.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Abstain: None
Absent: Adams
5. INITIATION OF DISTRICTING MAP AMENDMENT AND
SPECIFIC PLAN FOR LIDO MARINA VILLAGE.
Council Member Heffernan expressed concern that this is being initiated
at the request of someone who does not have an equity interest in the
property. He asked what the precedence is, especially since the City is
undergoing a general plan update, the Harbor Commission has concerns
about this property, and there are accusations about use permit violations
since the City is not enforcing its tidelands rights.
Assistant City Manager Wood stated that she does not know what the
precedence is for initiating something where the person making the
request does not own all the property; however, the code does provide that
Council has the authority to initiate a change of zoning district and to
initiate a specific plan without an application being filed by the property
owner. She confirmed that the general plan is being done all together and
reported that they are studying the Lido Marina Village area as one of the
special study areas for the general plan update; however, she thought this
effort could be complementary to what they are doing with the general
plan update because they will not be able to be as specific as this potential
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Cable Franchises
(42/100 -2004)
(100/2004)
City of Newport Beach
Regular Meeting
May 25, 2004
INDEX
property owner can be since they will be doing more detailed studies to get
a specific plan. Council Member Heffernan asked what happens if they
never acquire the property. Ms. Wood believed that they could coordinate
with the General Plan Advisory Committee (GPAC), noting that they are
already doing this in a few areas where the business owner associations
have been doing work for some time. She stated that she does not expect
City staff to be jumping through hoops, anticipating that consultants will
be retained and this will all be done at the cost of the requesting party, not
the City. She noted that nothing can be adopted until it goes through the
normal public participation process, public hearings, and notification. She
confirmed that they have not submitted a plan.
Council Member Heffernan asked about the tidelands, the potential for a
marina site, and about the City Hall site. Ms. Wood explained that the
City does not own the land on the waterfront and suspected that some type
of lease for use of that area would be part of this. She stated that, if
Council is interested in initiating this kind of a study, they could change
the boundaries of the planning area. Council Member Heffernan believed
that this is haphazard, especially if the City is trying to get a
comprehensive town square and there is talk about a new City Hall. He
stated that he is not against this but wondered if it is too confusing to just
look at this property and not the tidelands or the City Hall project in
general because it is a cohesive entryway to the City.
Council Member Bromberg stated that there was discussion in the City
Hall building committee meeting regarding looking at all the projects in
the area globally and asked if this would impact what they are trying to do.
City Manager Bludau indicated that no one has an idea how this property
could affect a new City Hall. He stated that the applicants would also be
invited to the table to see what they could bring in terms of master
planning this area. Ms. Wood emphasized that this just initiates studies.
Mr. Bludau stated that Council could pull the plug at any time. City
Attorney Burnham agreed and added that Council could design a process
to meet its need. Mayor Ridgeway stated that a specific plan ultimately
gives the City more latitude in future discretionary decisions on the Lido
Marina site.
Council Member Heffernan asked if there is talk about the City
condemning the properties to make this a cohesive single development.
City Manager Bludau noted that this could only be done by Council, adding
that staff has not had any discussions about eminent domain. City
Attorney Burnham added that, not only has there been no overture or
assurances, the only correspondence he prepared confirms to one of the
property owners that there have been no commitments or representations.
Further, he sent another correspondence just recently to reconfirm the fact
that the City has made no commitments and that Council has rarely used
its power of eminent domain, but used it very carefully when it has. Mayor
Ridgeway explained that cities cannot use it unless there is a public
purpose or redevelopment agency. He noted that this is not in the
redevelopment agency and is all private land.
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City of Newport Beach
Regular Meeting
May 25, 2004
INDEX
Uouncil Member Kosansky stated that this is an opportunity to plan the
entire area and hoped that everyone keeps this in mind especially since the
City is looking at doing something with City Hall and J.C. Partners is
doing something with their project. He indicated that the developer asked
him to look at their project and he told them that it would be great if the
area could be master planned to have a cohesive development and to
integrate City Hall.
Jim Hildreth, Newport Beach, stated that rumor has it that the City really
doesn't want to be on the Peninsula but would rather be located at Fashion
Island. City Attorney Burnham requested that Mr. Hildreth address the
agenda item. Mr. Hildreth stated that this is supposed to be a thought
process of looking into it to see if it is a viable location.
Tim Collins, resident, Harbor Commissioner and member of the General
Plan Update Committee, stated that the Lido Marina Village has long been
considered a strategic property and they see it as pivotal to the
revitalization of the Peninsula. He questioned why the City would
consider a resolution tonight when processes are well advanced in guiding
the planning and redevelopment of the Lido Marina Village, most notably
the City is in the advanced phase of the general plan update. He asked
why the City should be soliciting specific plans or district map
amendments before the process is complete. He believed that taking action
will disrupt and possibly circumvent the process which was started by
Council to ensure quality and comprehensive planning. He stated that the
City and its Planning Department should be leading a visioning process for
the redevelopment of the Lido Marina Village, not reacting to a single
developer with limited ownership. He believed that the Lido Marina
Specific Plan Planning Principals failed to consider the planning and
marine heritage conservation guidelines set forth in the Harbor Element.
He urged Council to stay the course and reject this resolution.
Tim Paone, J.C. Partners, stated that he would like the opportunity to
address Council Member Heffernan's questions. He indicated that the
request is not to initiate a general plan amendment. He stated that the
uses they are proposing are all allowed under the current zoning and
general plan. He noted that they are talking about a vision for
consolidating properties where a landowner is willing to pay for the
planning process, look at a larger area, and undertake the risk inherent
with consolidating these properties and making something special happen
in an area where there is a general opinion that something much better
can be done. He stated that they are willing to work with the City and
have the City tell them what the process should be so the City could
ultimately make the decision on what will happen there.
In response to Council Member Heffernan's questions, Mr. Paone indicated
that there is ownership interest there today, but expressed the opinion
that this is irrelevant. He noted that Mariners Mile is a classic traditional
specific plan effort. He indicated that specific plans were designed not to
deal with properties under single ownership but to encourage consolidation
and comprehensive planning. He stated that the plan would enhance
everyone's property value. Council Member Heffernan asked if they own
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City of Newport Beach
Regular Meeting
May 25, 2004
any of it, expressing the concern that he does not want this to get started
and in six months this is stopped because they don't own any of it.
Mr. Paone indicated that the majority of the property is in escrow. He
noted that they are coming forward now because they were not ready six
months ago and the plans were not complete.
Council Member Webb asked if it would be possible to include the marina
use issues in the planning process. Mr. Paone stated that he does not
know how it would be possible not to include those. He noted that they do
not have a plan or a completed process, and everything the City considers
relevant will be taken into consideration. He assured everyone that they
will comply with the general plan and zoning codes.
City Attorney Burnham confirmed for Council Member Nichols that this
does not have any legal binding on the other property owners. He
reiterated that this just initiates a process which can be stopped at any
point. He stated that the City is in charge of the whole thing and the
people Mr. Paone represents are individuals that would participate in the
process. Mayor Ridgeway added that this is a tool used to master plan a
larger area. City Attorney Burnham reported that the City does have
interest in property in the Lido Marina Village and there is City interest in
the tidelands. He stated that the City is not only in charge of the process,
but will have a lot of input in terms of what Council wants to see.
Motion by Council Member Webb to adopt Resolution of Intention
No. 2004 -40, initiating a Districting Map Amendment and Specific Plan for
Lido Marina Village.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Abstain: None
Absent: Adams
6. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND
ASSESSMENT DISTRICT NO. 101 (AREA BOUNDED BY EAST
EDGEWATER AVENUE/EDGEWATER PLACE, ISLAND AVENUE,
EAST BALBOA BOULEVARD, AND ADAMS STREET AND BUENA
VISTA BOULEVARD, LINDO AVENUE, AND WEST BAY AVENUE).
8. MARINER'S MILE WATERFRONT WALKWAY PIERHEAD LINE
EXTENSION: APPROVAL OF AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT WITH CASH & ASSOCIATES.
12. CLEAN BEACHES — STORM DRAIN DIVERSION SUPPORT
SERVICES — APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS,
INC.
14. ADOPT A NEW COUNCIL POLICY FOR DISPLAYING FLAGS ON
CITY BRIDGES.
Volume 56 - Page 954
INDEX
Underground
Assessment
District No. 101
(89/100 -2004)
C -3548
Waterfront Walkwa;
(38/100 -2004)
C- 3485(A)
Clean Beaches
(38/100 -2004)
1 (100 -2004)
City of Newport Beach
Regular Meeting
May 25, 2004 INDEX
Council Member Bromberg noted that there is a Council policy that states
that Council does not discuss any new item after 11:00 p.m., reporting that
the last item started two minutes to 11:00 p.m. Council Member Webb
noted that Item 10 is time sensitive. City Attorney Burnham stated that
Item 13 is also time sensitive.
Motion by Council Member Bromberg to continue items 6, 8, 12 and
14.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Abstain: None
Absent: Adams
10. CASTAWAYS PARK REVEGETATION — COMPLETION AND
ACCEPTANCE OF CONTRACT (C- 3546).
Council Member Nichols noted.that the revegetation has the cones around
it and seems sparse. He asked if the cones work with regard to the rabbits
and if the contract is completed. City Manager Bludau indicated that they
are very happy with the vegetation and it is doing well. He added that the
orange cones are stationary and will probably remain there for another six
to twelve months. He indicated that there is still a one -year maintenance
period.
Motion by Council Member Webb to 1) accept the work; 2) authorize
the City Clerk to file a Notice of Completion; and 3) authorize the City
Clerk to release the Labor and Materials bond 35 days after the Notice of
Completion has been recorded in accordance with applicable portions of the
Civil Code; and 4) release the Faithful Performance Bond one (1) year after
Council acceptance.
Jim Hildreth, Newport Beach, asked if the vegetation adhered, if the work
was done, and if the sprinklers were broken because it looks sparse.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Abstain: None
Absent: Adams
13. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING
FISCAL YEAR JULY 1, 2004 TO JUNE 30, 2005.
Jim Hildreth, Newport Beach, stated that the contract with the Daily Pilot
expires on June 30, 2004, and that notices inviting bids will be mailed to
all newspapers in circulation. He noted that the Wall Street Journal is
delivered in the City and hoped to read such things in the paper when this
goes through. He suggested adopting something for the City's website to
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C -3546
Castaways Park
Revegetation
(38/100 -2004)
Legal Publications
(32/100 -2004)
City of Newport Beach
Regular Meeting
May 25, 2004
make sure that it is up -to -date with notifications and to ensure there is
access to it by the general public.
Motion by Council Member Webb to authorize the City Clerk to publish
a notice advertising for bids to be received on or before the hour of
4:00 p.m., on Friday, June 11, 2004 for a one -year contract covering the
publishing and printing of legal notices, or other material required to be
published and circulated in the City of Newport Beach.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Abstain: None
Absent: Adams
Q. MOTION FOR RECONSIDERATION - None.
R. ADJOURNMENT - At 11:35 p.m. in memory of former Mayor Ruthelyn
Plummer and EQAC Member Louis Von Dyl.
The agenda for the Regular Meeting was posted on May 19, 2004, at 2 :15 p.m on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
i4y ' -A WBmj4—
Recording Secretary
Mayor
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City of Newport Beach
Regular Meeting
May 25, 2004
INDEX
LEFT BLANK INTENTIONALLY
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