HomeMy WebLinkAbout06/08/2004 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 8, 2004 - 7:00 p.m.
— 4:00 p.m.
CLOSED SESSION — 6:15 p.m
A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
B. ROLL CALL
Present: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor
Ridgeway
Absent: None
C. CLOSED SESSION REPORT — No report
D. PLEDGE OF ALLEGIANCE — Mayor Pro Tem Adams
E. INVOCATION — Council Member Webb
F.
Elks Lodge Announcement of Flag Day Celebration. Mikal White, Exalted
Ruler and President of Newport Harbor Elks Lodge No. 1767, introduced Rick
Blake, his Leading Knight, and stated that the Elks Lodge would like to hold a
Flag Day ceremony at 6:00 p.m. on June 14, 2004, at City Hall. He provided the
program and stated that the American Legion, the Harbor Area Boy Scouts, Girl
Scouts and Sea Scouts, and the Newport Harbor band would be involved. He
asked the City Council's permission for the ceremony to become an annual
community event.
Mayor Ridgeway requested that the City Manager provide the assistance
necessary to accommodate the ceremony. Mr. White stated that the groups
involved will take care of everything, and the public is just invited to attend and
honor the American Flag. Mayor Ridgeway thanked the group for their effort.
Presentation by Christine Pieton, Chair of the Corona del Mar High
School `Every 15 Minutes" Program Christine Pieton, Corona del Mar High
School senior, stated that she organized the 'Every 15 Minutes" program for her
senior project and that it was conducted on May 25 and 26, 2004. Ms. Pieton
explained that every fifteen minutes, someone in the country dies or is seriously
injured in an alcohol - related traffic collision, and that the program educates
teens on the harsh realities of drinking and driving. She explained how the
program was conducted and that it was a reenactment of an alcohol - related
traffic collision and its consequences. Ms. Pieton felt that her project was a
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success and made a difference. She thanked those in the Uity who helped make
it possible.
Mayor Ridgeway stated that he witnessed the mock accident, and that it was
very powerful and made a significant impact on many individuals. He thanked
Ms. Piston and stated that the City was proud to be involved. Ms. Piston stated
that there is an effort to implement a program called CAC, which represents the
initials of a recently killed student and stands for Call A Cab. She asked if it was
possible to receive City funding for the program. Mayor Ridgeway suggested that
Ms. Piston follow through on the request with his secretary.
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 announced that the Corona del Mar High
School baseball team won the California Interscholastic Federation (CIF)
Division IV championship on June 5, 2004.
• Council Member Heffernan requested that at a future meeting, a new
Council policy be submitted to the City Council for consideration
confirming the City Council's commitment to the highest standards of
ethics and honesty. He specifically requested that the policy require
semi - annual study sessions to review the Political Reform Act (PRA), Fair
Political Practices Commission (FPPC) guidelines, and other relevant
laws, decisions and regulations to help the City Council and others
understand the City Council's legal obligations. Council Member
Heffernan also requested that the policy require all members of the City
Council and boards and commissions to carefully review each agenda and
determine in advance if any of the items could impact their source of
income or their property. He also requested that the policy require
members of the City Council, its appointees and staff to report to the City
Attorney any conversation or course of conduct that creates the
appearance of a conflict of interest. And, lastly, that the City Attorney be
required to investigate each report.
• Council Member Bromberg announced that the 11th annual Balboa Island
Parade on June 6, 2004, was a huge success with about 5,000 people in
attendance. He listed and thanked those that contributed their time,
effort and money.
• Mayor Ridgeway announced that there are a number of ways to receive
information about City meetings and agendas. He stated that the
agendas and public hearing notices are posted on the City Hall bulletin
board and can also be received in some cases by e -mail, distribution
through the mail or in the Daily Pilot. Mayor Ridgeway stated that an
additional source has been added. Members of the public who wish to
view public notices and simplified City Council agendas can do so
regularly on Fridays and Mondays, from 7:30 p.m. to 8:00 p.m., on
Adelphia Channel 3 and Cox Channel 30. The information will repeat
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itself throughout the half hour.
I. CONSENT CALENDAR
READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF MAY 25, 2004. Waive reading of subject minutes,
approve as written and order filed. (Mayor Pro Tem Adams abstained on
this item).
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 INTRODUCTION
3. Item removed from the Consent Calendar by a member of the
audience.
ORDINANCES FOR ADOPTION
4. 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 (PA2004 -066). Adopt Ordinance No. 2004 -10.
5. Item removed from the Consent Calendar by a member of the
audience.
6. Item removed from the Consent Calendar by Council Member
Nichols.
RESOLUTIONS FOR ADOPTION
7. AD HOC TELECOMMUNICATIONS COMMITTEE: EXTENSION
OF TERM. Adopt Resolution No. 2004 -42 extending the term of the Ad
Hoc Telecommunications Committee to June 30. 2005.
8. Item removed from the Consent Calendar by Council Member
Nichols.
CONTRACTS AND AGREEMENTS
9. 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) (contd. from 5/25/04). 1) Authorize an advance (04BA -061)
from the General Fund in the amount of $102,745 to Assessment District
No. 101 and appropriate $40,000 to 74101 -9810 for electric design,
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(100 -2004)
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Assessment
District No. 101
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$40,000 to 74101 -9811 for phone design, and $22,745 to 74101 -9812 for
assessment engineering services; and 2) authorize the City Manager to
execute a Professional Services Agreement with MuniFinancial in the not
to exceed amount of $22,745 for assessment engineering services.
10.
Item removed from the Consent Calendar by Council Member
Nichols.
11.
CLEAN BEACHES — STORM DRAIN DIVERSION SUPPORT
C- 3485(A)
SERVICES — APPROVAL OF PROFESSIONAL SERVICES
Clean Beaches
AGREEMENT WITH EVEREST INTERNATIONAL
(38/100 -2004)
CONSULTANTS, INC. (contd. from 5/25/04). Approve a Professional
Services Agreement with Everest International Consultants, Inc. of Long
Beach for Storm Drain Diversion Support Services at a contract price of
$57,613 an authorize the Mayor and the City Clerk to execute the
agreement.
12.
Item removed from the Consent Calendar by Council Member
Nichols.
13.
32ND STREET TIDE VALVE REPLACEMENT — AWARD OF
C -3667
CONTRACT (C- 3667). 1) Approve the plans and specifications;
32nd Street Tide
2) award the contract (C -3667) to GCI Construction, Inc. for the total bid
Valve
price of $77,970 and authorize the Mayor and the City Clerk to execute
Replacement
the contract; 3) establish an amount of $7,000 to cover the cost of
(38/100 -2004)
unforeseen work; and 4) approve a budget amendment (04BA -067) in the
amount of $10,635 from the Tide and Submerged Land fund balance, 230-
3605, to Tide and Submerged Land, Tidal Valve Replacement Program,
7231- C3170722.
14.
APPROVAL FOR SUBDIVISION IMPROVEMENT AGREEMENT
(100 -2004)
FOR TRACT NO. 16468. 1) Approve a Subdivision Improvement
Agreement guaranteeing the completion of the public improvements
required by Tract Map No. 16468; and 2) authorize the Mayor and the
City Clerk to execute the Agreement.
15.
OCEAN FRONT WALKWAYS — MCFADDEN SQUARE —
C -3660
COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3660).
Ocean Front
1) Accept the work; 2) authorize the City Clerk to file a Notice of
Walkways
Completion; 3) authorize the City Clerk to release the Labor and
(38 1100 -2004)
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.
MISCELLANEOUS ACTIONS
16.
TRANSFER OF TRAFFIC CONGESTION RELIEF FUNDS TO
C -3649
MEET STATE GUIDELINES. Approve a budget amendment (04BA-
Traffic
068) transferring $50,492.63 of the appropriation for the Newport
Congestion
Boulevard 26th Northerly Project (C -3649) from the Gas Tax Fund, 7181-
Relief Funds
C5100729 to the Traffic Congestion Relief Fund, 7191- C5100729, and
(38/100 -2004)
transfer $34,000 from 7191- C5100714, Jamboree Road Rehabilitation,
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Ford to Bison, to 7191- C5100729, Newport Boulevard 26th Northerly.
17. Item removed from the Consent Calendar by Council Member
Nichols.
18. BUDGET AMENDMENT TO INCREASE REVENUE ESTIMATES
WITH AN UNANTICIPATED REVENUE OF DIRECT LOAN
REIMBURSEMENT FROM THE STATE OF CALIFORNIA AND TO
APPROPRIATE SPECIFIED FUNDS TO A REVENUE ACCOUNT
AND A CAPITAL IMPROVEMENTS ACCOUNT. Approve a budget
amendment (04BA -070) to increase revenue estimates in 4010 -4834 by
$93,199.18, the amount of an additional CSLA Direct Loan payment to
the Newport Beach Public Library, and to appropriate $79,200 to Capital
Improvements account 7017- C4009617 for upgrading Library CPU's, with
the remaining $13,999.18 to be added to the unappropriated fund balance
in the Mariners Library Building fund, 450 -3605.
19. BUDGET AMENDMENT TO ACCEPT A CHECK FROM MARCIVE
AND APPROPRIATE FUNDS TO MAINTENANCE &
OPERATIONS BUDGET ACCOUNT FOR FY 2003 -04. Approve a
budget amendment (04BA -071) in the amount of $6,820.
20. BOARD AND COMMISSION SCHEDULED VACANCIES -
CONFIRMATION OF NOMINEES. Confirm the nominees as listed in
the staff report.
21. TELECOMMUNICATIONS FACILITY PERMIT NO. 2003 -003
(PA2003 -255) (contd. from 5/11/04). Continue to July 13, 2004
Motion by Mayor Pro Tem Adams to approve the Consent Calendar, except
for those items removed (3, 5, 6, 8, 10, 12 and 17); and noting the abstention by
Mayor Pro Tem Adams on Item No. 1.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
J. PUBLIC HEARINGS
22. FISCAL YEAR 2004 -05 PROPOSED BUDGET HEARING.
City Manager Bludau stated that now is the time for the public to provide
their input on the proposed budget, which the City Council has been
considering at their last three study sessions. He stated that it is also the
time for the council members to request items for the supplemental
checklist.
Mayor Pro Tem Adams confirmed with the City Manager that the public
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will also have the opportunity to provide input at the City Council
meeting of June 22, 2004, when the budget will be adopted.
Mayor Ridgeway opened the public hearing.
Jim Hildreth stated that the access structure that he has been asking for
should be included in the budget.
Hearing no further testimony, Mayor Ridgeway closed the public hearing.
Council Member Nichols stated that he'd be submitting his requests to
staff.
Council Member Webb requested that the construction of a section of
sidewalk that's missing on Irvine Avenue, between Private Road and
Santiago Drive, be included. He stated that the expected cost is between
$60,000 and $100,000.
Mayor Ridgeway agreed with the request of Council Member Webb.
Council Member Bromberg requested that an additional $5,000 be added
to the $10,000 grant for the Balboa Museum & Historical Society, $6,540
to the Balboa Island Improvement Association for holiday lighting
assistance, $2,500 to the Irvine Terrace Association for holiday lighting
assistance, $35,000 to refinish 160 light poles on Balboa Island, $60,000
for replacement globes for 193 light standards, $32,500 for median
landscaping on Park Avenue, and $27,000 for a budget differential for
Marine Avenue street tree replacement covers. He stated that Balboa
Island is one of the most significant tourist destinations in Newport
Beach, and also requires high maintenance. He noted that his requests
total $168,000.
Council Member Rosansky requested that money be included in the
budget for development of Sunset Ridge Park. He stated that this would
probably total approximately $60,000. Additionally, he requested that
money be allocated towards a study to look at upgrading Coast Highway
from the entrance of the City to the Arches Bridge.
Council Member Heffernan requested that funds be budgeted to light the
crosswalk on Port Seabourne between the two greenbelt patches,
adjacent to Anderson School, and also for speed bumps on a trial basis on
Port Provence Place. Additionally, he requested that $25,000 be
budgeted for the design of monuments to the entrance of Newport Coast,
adjacent to Sage Hill School. Council Member Heffernan also requested
funds to provide actual improvements to Newport Hills Drive East at the
nature park.
Mayor Ridgeway requested that $50,000 be allocated to Phase III of the
Balboa Village project. He specifically stated that this would be for the
design of the roadway and sidewalk work.
23. 2004 -05 APPROPRIATION LIMIT HEARING.
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Administrative Services Director Danner stated that Proposition 4, which
is also known as the Gann Initiative, limits the growth of governmental
expenditures to a combination of the Consumer Price Index (CPI) and a
population inflator. He stated that all cities are required to adopt an
appropriations limit annually, which is a limit on appropriations or
expenditures that are financed by taxes.
Mayor Ridgeway opened the public hearing.
Hearing no testimony, Mayor Ridgeway closed the public hearing.
Motion by Council Member Webb to adopt Resolution No. 2004 -44
approving the City's Appropriation (Gann) Limit for the 2004 -05 fiscal
year in the amount of $112,315,605.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
24. CORPORATE PLAZA PLANNED COMMUNITY AMENDMENT —
PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT
NO. 2004 -002 (PA2004 -073).
Council Member Heffernan recused himself from the item because his
office is located at Corporate Plaza.
Mayor Ridgeway stated that he has an office across the street from
Corporate Plaza and asked if he should also recuse himself. In response
to City Attorney Burnham's question, Mayor Ridgeway stated that it's a
month -to -month lease and that he expects to be out within 27 days. City
Attorney Burnham stated that he should not have a conflict, under the
circumstances.
Council Member Bromberg stated that he is two blocks away and on a
long -term lease. City Attorney Burnham stated that it would be a
conflict of interest if the office is within 500 feet, unless it could be
established that there would be no financial impact. Council Member
Bromberg stated that his office is not within 500 feet.
Senior Planner Campbell stated that the amendment would reallocate
some of the medical office use square footage from sites 8, 9, 11 and 22 to
sites 2, 3 and 17. He referred to a typographical error in the staff report
and noted that the square footage for sites 8, 9, 11 and 22 should read
63,447, not 63,087. Senior Planner Campbell stated that the amendment
would allow for medical office use on the first floor at 17 Corporate Plaza
and also allow sites 2 and 3 to develop small medical office uses.
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In response to Mayor Ridgeway's question, Senior Planner Campbell
stated that staff has worked closely with The Irvine Company and the
building owners, and the reallocation is acceptable to them.
Council Member Nichols asked if site 17 is a new site. Senior Planner
Campbell stated that the first floor is already developed as medical office
use, and that sites 2 and 3 currently have plan checks pending with the
Building Department. He explained that the proposed amendment will
fix an error in the Corporate Plaza Planned Community document, and
legally allow the existing and requested developments. Council Member
Nichols asked if The Irvine Company is in agreement with the proposed
amendment. Assistant City Manager Wood stated that she has spoken
with The Irvine Company and that they do agree with what is being
proposed.
Mayor Ridgeway opened the public hearing.
Bill Lange, property manager and representative of the owner at 17
Corporate Plaza, stated that the proposed action will change their
development from nonconforming to conforming. He stated that this
would be beneficial, but asked that the entire 22,500 square -foot building
be zoned as medical. Mr. Lange provided a brief history of the building,
and explained that it was believed that medical was a permitted use on
the first floor and that extensive improvements were made based on this
belief. Mr. Lange stated that if the second floor cannot be zoned for
medical, the owner will lose the higher medical rent and, more
importantly, it has already adversely affected the desire of the current
renters to renew their lease.
Hearing no further testimony, Mayor Ridgeway closed the public hearing.
Mayor Ridgeway asked if the City has jurisdiction over the requested
reallocation. Senior Planner Campbell stated that The Irvine Company
would most likely want to retain as much of the medical office use as
possible for their sites, but that the City does control the document and
could change the allocation. He added that the required noticing was
done, but that the notice did not include specific square footages. Mayor
Ridgeway expressed his concern for considering the additional
reallocation being requested by Mr. Lange at the current meeting.
Council Member Webb confirmed that approving the request would take
away square footage from the other buildings.
Council Member Nichols stated that the City Council shouldn't have the
right to approve such a request.
Assistant City Manager Wood suggested that staffs recommendation
could be considered at the current meeting and any additional requests
could be agendized for a future meeting.
Mayor Ridgeway asked if the City has jurisdiction to do an additional
reallocation of the medical square footage held by The Irvine Company on
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sites 8, 9, 11 and 22 at the current meeting. City Attorney Burnham
responded in the negative and explained that the agenda does not reflect
such action. Mayor Ridgeway stated that the owner of the building at
site 3 has invested in medical equipment and is ready to open his
business, but can't do so until the proposed amendment is made.
Motion by Council Member Brombere to introduce Ordinance
No. 2004 -13 approving Planned Community Development Plan
Amendment No. 2004 -002; and pass to second reading on June 22, 2004.
Council Member Nichols asked if written permission from The Irvine
Company should be obtained first.
Council Member Bromberg confirmed with Assistant City Manager Wood
that they have already verbally stated their support for the recommended
action. City Attorney Burnham added that their permission is not
required.
In response to Mayor Pro Tem Adams' question, Council Member
Bromberg agreed that the request of Mr. Lange should be looked at by
staff and agendized for a future meeting. Mr. Lange was advised to
contact staff and The Irvine Company in regard to his request.
The motion carried by the following roll call vote:
Ayes: Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Abstain: Heffernan
Absent: None
25. REVISIONS TO APPEAL AND CALL FOR REVIEW
PROCEDURES — CODE AMENDMENT NO. 2004 -002 (PA2004 -028).
Senior Planner Alford stated that the amendment has three basic
components, which include the deletion of the calls for review procedures.
He explained that all reviews by the City Council or the Planning
Commission would be regarded as appeals. Secondly, Senior Planner
Alford stated that the amendment would require two members of the City
Council to initiate the appeal process. Lastly, he reported that the
procedures for reporting actions have been standardized and clarified.
Council Member Nichols confirmed that the intent of requiring the
reporting of actions within five days of the decisions is to make sure that
there's time to meet the 14 -day appeal period limit.
Mayor Pro Tern Adams disagreed with extending the appeal period to 21
days, as suggested in the staff report. He felt that the objective of looking
at the appeal procedures was to require two council members to appeal
an item so that time would not be wasted on an appeal that would most
likely not result in a decision being overturned. Additionally, he thought
that there were some concerns about violating the Brown Act if a council
member needed to contact several council members to find one that
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would support the appeal. Senior Planner Alford stated that the 21 -day
period was suggested if an appeal was required to be made at a public
meeting. Later, it was decided that an appeal could be made through the
City Clerk's office and the 14 -day appeal period maintained. In response
to a question by Mayor Pro Tem Adams, Senior Planner Alford added
that in the past, a vote of the City Council was required to call an item
up. He stated that it was changed because the appeal period was
shortened to 14 days.
Mayor Ridgeway asked if there's a Brown Act violation if a council
member decides to call an item up and calls around to the other council
members to solicit support for his appeal. City Attorney Burnham
responded in the affirmative.
Council Member Bromberg stated that he requested that the item be
agendized and that it resulted from too many items being called up that
shouldn't have been called up. He stated that the expense to the
applicants needs to be considered.
Mayor Pro Tem Adams stated that if the City Council desires to approve
the option in the staff report that requires the appeal be done at a public
meeting and extends the appeal period to 21 days, that it might be better
to require a majority vote at a public meeting, as was done in the past.
Council Member Bromberg stated that his primary concern is that call
ups currently only require one council member. Assistant City Manager
Wood stated that the Planning Commission's recommendation is to
require two members of the City Council to appeal a decision, but that it
not be required at a public meeting. This would allow the 14 -day appeal
period to be kept. Council Member Bromberg asked how many council
members could be contacted to find support for an appeal before it would
be considered a violation of the Brown Act. City Attorney Burnham
stated that there'd only be the potential for a violation, but that it would
be easier to possibly violate the Brown Act by engaging in a course of
communication with a quorum outside of a public meeting. Assistant
City Manager Wood stated that the Planning Commission's
recommendation wouldn't necessarily require two -way conversations
amongst the council members. She suggested, for example, that the City
Clerk could advise the other council members by e -mail when an appeal
by a council member is received. City Attorney Burnham stated that the
suggestion could present other problems.
Council Member Rosansky asked how many call-ups there have been over
the past couple of years. Senior Planner Alford stated that he didn't have
the information available at the current meeting.
Council Member Heffernan stated that the number of call ups doesn't
warrant the major change to the procedure that is being recommended.
He also felt that when an item is called up that the council member
should be required to give the reason for doing so. He stated that this
would save the applicant and staff, time and money, and focus the
attention on the issue under question.
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Mayor Pro Tem Adams agreed and felt that the call -ups should occur at a
public meeting to avoid the potential for Brown Act violations. He also
expressed his concern for extending the appeal period to 21 days, and
stated that it would have far reaching impacts on applicants and their
ability to get the approvals needed to move forward with their projects.
Council Member Nichols asked if the period could be 14 days or at the
next City Council meeting, whichever occurs later. City Attorney
Burnham stated that the report that went to the Planning Commission
did have that suggestion included.
Motion by Council Member Bromberg to require two council
members for an appeal, to require that it be done at a City Council
meeting and that a reason for the appeal be given.
Mayor Ridgeway opened the public hearing.
Jim Hildreth referred to the report that went to the Planning
Commission and stated that members of the general public should be
allowed the same appeal period as the Planning Commission and the City
Council.
Hearing no further testimony, Mayor Ridgeway closed the public hearing.
At the request of Council Member Heffernan, City Attorney Burnham
stated that the motion would mean that two council members must call
up an item at a City Council meeting, that one of the council members
must state the reason for the call up and that the effective date of the
lower body's decision would depend upon the next opportunity for the call
up. He added that in the case of the items before the Planning
Commission at their meeting on June 3, 2004, the current meeting would
be the opportunity for the call up.
Council Member Bromberg clarified that his motion is not referring to
call ups by the general public.
Planning Director Temple stated that the Planning Department provides
the City Council with a report of the actions taken by the Planning
Commission with the supplemental agenda packet.
Council Member Heffernan stated that the minutes of the meeting aren't
available in time to meet the call up deadline, however. He stated that
it's important to him to know what the various planning commissioners
stated at their meeting.
Mayor Ridgeway stated that this problem exists already with the current
call up procedures.
Council Member Rosansky asked for a clarification of the current
procedure. Assistant City Manager Wood stated that a council member
has the entire 14 -day period to call an item up for review and that it
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doesn't have to happen at a public meeting. Council Member Rosansky
confirmed that by requiring two council members to call up an item, the
requirement for a call up to occur at a public meeting is recommended
because of the potential for violating the Brown Act.
Mayor Pro Tern Adams stated that the two issues are the frivolous call -
ups and if there is a call -up that the applicant understands the reason for
the call -up.
Council Member Rosansky agreed that if there is a call -up that the
reason, or reasons, should be articulated. He stated that he'd still like to
know how many call-ups there have been and noted that there's only
been two since October 2003. He stated that he didn't see the need for
the amendments.
Council Member Nichols stated that it would be important to have call -
ups conducted at a public meeting, but that it's difficult to know what
happened at a Planning Commission or Modifications Committee meeting
without having either attended the meeting or read the minutes.
Mayor Ridgeway stated that all modifications are published, and that the
problem is delaying the applicant while he waits for the appeal period to
lapse. Mayor Ridgeway agreed that it would beneficial to have the
minutes and also felt that the reason for a call -up should be given. City
Attorney Burnham noted that even if only one council member is
required for a call -up, it could still be required that the reason for the
call -up be given.
Council Member Bromberg asked if there would be a problem with
allowing a council member 14 days for a call-up. Assistant City Manager
Wood noted that the draft minutes would be available in that time period.
Amended motion by Council Member BromberE to require two
council members for an appeal, to require that it be done within 14 days
and that a reason for the appeal be given.
Mayor Pro Tem Adams stated that an amendment to the process needs to
be thought out carefully and suggested that staff rewrite the amendment
to take into consideration the concerns expressed at the current meeting.
Council Member Bromberg withdrew his motion.
Motion by Council Member Brombere to continue the item to
June 22, 2004.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
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K. PUBLIC COMMENTS
INDEX
• Jim Hildreth thanked the City for allowing him to be in the public
parade, but stated that his release was not read by the master of
ceremonies. Referring to the fourth paragraph in the City's website on
Jim Hildreth and displaying a photo, he stated that there's reference to
both a pier and a dock. He stated that it's contradictory and doesn't
represent to the public that the structure is for access. He stated that
he'll get a more recent photo.
• Robert Walchli stated that for three years he's been asking the City to
take action to recover the public bluff property along Ocean Boulevard in
Corona del Mar. He requested that he be informed of what action the
City has taken to remedy the situation in a timely manner, and noted
that he's only seen one bush trimmed. Mr. Walchli additionally noted
that the Coastal Act mandates the recovery of public lands and ocean
views when feasible. He stated that the City may be in violation of this
and that he may have to resort to filing a complaint with the Coastal
Commission and the Attorney General. He suggested that public
hearings be held on the issue. Secondly, Mr. Walchli stated that at 202
Fernleaf Avenue, there is a barbecue that's higher than the roofline. He
requested the City to take action to bring the property into compliance.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Status report — Ad Hoc General Plan Update Committee (GPUC). Mayor
Pro Tern Adams stated that there was no report.
Status report — Local Coastal Program Certification Committee. Mayor
Ridgeway reported that the City Council certified the Local Coastal Plan (LCP)
at the meeting held on May 25, 2004, and that the it's been sent to the Coastal
Commission.
Status report — Newport Coast Advisory Committee (NCAC). Council
Member Heffernan stated that the NCAC met on June 7, 2004, and that the
primary topic was the proposed school loop road. He displayed a drawing of the
proposed road and stated that the issue is controversial. Public hearings will be
held in the future. He listed the other issues discussed, which included the
entrance monument, landscaping on Newport Coast Drive and assessment debt
relief.
Status report — Mariners Joint Use Library Ad Hoc Steering Committee.
Council Member Webb announced that a groundbreaking ceremony will take
place on June 10, 2004, at 1:00 p.m. He invited the public to attend.
Status report — Transportation Corridor Agencies. Mayor Pro Tem Adams
stated that he provided each of the council members with a summary of the
Foothill -South draft Environmental Impact Statement (EIS)/Environmental
Impact Report (EIR). He announced that there's a San Joaquin Hills board
meeting on June 10, 2004, and that toll increases will be considered. He stated
that unfortunately these will be greater than they would have been if the
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City of Newport Beach
Regular Meeting
June 8, 2004
consolidation of the agencies would have taken place.
Mayor Ridgeway noted that the rating agencies recently reduced the bond on the
San Joaquin Hills corridor to "junk' status. He stated that it was unfortunate
that the Orange County Transportation Authority (OCTA) didn't approve the
refinancing.
Mayor Pro Tom Adams stated that the bonds are at risk of going into default,
which means that the insurer takes over and could make decisions that won't
take Newport Beach into consideration. He added that several alignments are
being considered and that they can be found on the Transportation Corridor
Agencies website.
Status report - Santa Ana River Flood Protection Agency. Council
Member Nichols announced that there is a competition for federal funds between
the Prado Dam completion and Back Bay dredging. He announced that
President Bush has recommended that Prado Dam be funded, with no
recommendation for Back Bay dredging financing.
Mayor Ridgeway stated that he also met with Senator Feinstein regarding the
items and that she supported both of them. He stated that there are plans to
lobby for the funds.
Status report - General Plan Advisory Committee (GPAC). Council
Member Rosansky thanked the owners of the Banning Ranch for hosting a tour
of the ranch.
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
26. PLANNING COMMISSION AGENDA FOR JUNE 3, 2004.
Planning Director Temple stated that two items on the Planning
Commission agenda were continued without discussion, and included the
request for an amendment to the use permit for LaFogata Restaurant
and the St. Andrews Presbyterian Church expansion.
Planning Director Temple reported that the Planning Commission
received a detailed presentation from the applicant for the Marinapark
Resort. The Planning Commission directed staff to provide more
information at the meeting of July 8, 2004. Specifically, they requested
more detailed information on the traffic assumptions made to justify the
findings of the Environmental Impact Report (EIR), more justification of
the determination related to the alternatives analysis in the EIR and a
more detailed analysis of the project's consistency with the various
general plan policies and elements. She noted that the Marinapark
Resort and Community Plan will also be discussed later at the current
meeting during Item No. 33.
N. CONTINUED BUSINESS
27. PROPOSED AMENDMENTS OF THE MEASURE S GUIDELINES
(contd. from 4/27/04).
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INDEX
(100 -2004)
(100 -2004)
City of Newport Beach
Regular Meeting
June 8, 2004
INDEX
City Attorney Burnham stated that the key changes that are being
proposed include adding definitions for "approval" and "entitlement ", and
adding a section to deal with the manner in which the City must
calculate increases in intensity. City Attorney Burnham stated that
there have also been discussions on how to determine the baseline for
evaluating increases in intensity for parcels entitled for hotel or theater
uses. He stated that hotels are currently entitled by rooms and theaters
are entitled by seats. For hotels, it is proposed to assume that the floor
area would be 1,000 square feet per room and for theaters, 15 square feet
per seat. City Attorney Burnham stated that the proposal also addresses
other uses that are not entitled in terms of floor area and that it should
cover the myriad of possible situations that could occur when
amendments propose increases in intensity for nonresidential uses.
In response to Mayor Pro Tem Adams' question, City Attorney Burnham
stated that the proposal does not differentiate between the different hotel
classifications. He added that the general plan doesn't either and that
traffic generation will be calculated in the Institute of Transportation
Engineers (ITE) rates or trip tables. Mayor Pro Tern Adams asked if it
was fair to use 1,000 square feet per room for every hotel type. City
Attorney Burnham responded in the affirmative.
City Attorney Burnham stated that another key change being proposed is
a modification to the procedures that must occur prior to City Council
approval of an amendment and the procedures that must occur prior to
the submittal of an amendment to the voters. The guidelines have also
been amended so that the staff reports that are presented to the City
Council would contain the information that would be helpful to the City
Council and the voters in making a decision on an amendment.
Council Member Heffernan stated that it was his understanding that all
City approvals would be given prior to the vote of the people. City
Attorney Burnham stated that he didn't feel that it was an accurate
characterization of Greenlight and an issue that he would need to defer to
the Greenlight Steering Committee.
Lastly, City Attorney Burnham stated that it is being proposed to use the
procedures outlined in the guidelines and Measure S as the exclusive
means by which amendments that require voter approval are submitted
to the electorate. Additionally, City Attorney Burnham brought three
minor changes to the City Council's attention.
City Attorney Burnham stated that the Greenlight Steering Committee is
suggesting two additional amendments. The first would be to preclude
the City Council from submitting an amendment to the voters until the
City Council has completed all actions necessary to proceed with the
project. He stated that he disagrees with the recommendation and
doesn't feel it's consistent with Greenlight, and that he would suggest
that wording be added that would require the City Council to take action
on related land use approvals when submitted with an amendment. He
felt that this was consistent with the intent of the request by the
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City of Newport Beach
Regular Meeting
June 8, 2004
INDEX
Greenlight Steering Committee and would provide the voters with the
information necessary to understand the full implication of their vote.
City Attorney Burnham stated that the second suggestion by the
Greenlight Steering Committee was to add a guideline provision that
requires rebuttals in the event that arguments are authorized. City
Attorney Burnham stated that the Elections Code establishes procedures
for the filing of arguments and rebuttals, and that the City would address
the issue through an ordinance or a Charter provision. He suggested,
however, that wording could be added to the guidelines to require the
City Council to allow rebuttal arguments when the election is called
unless there is a provision in the Charter or Newport Beach Municipal
Code (NBMC) that prohibits this.
Phil Arst, Greenlight spokesperson, stated that he only has a few
remaining concerns with the proposed amendments to the Measure S
guidelines. He stated that he wants to insure that the public is fully
informed and that their right to vote is protected. He agreed that Section
423 of the Charter does not specifically require the project to be described
when being considered along with a general plan amendment, but that it
has been the practice of the City in the past to complete a project and its
accompanying general plan amendment as a package. He stated that it
was assumed that current City practices would be maintained except
where specifically changed by Measure S. Mr. Arst stated that the voters
should not have to consider a general plan amendment without having
the full description and commitment of its usage. Regarding the rebuttal
issue, Mr. Arst agreed that the issue isn't addressed in Section 423, but
felt that rebuttals should be authorized for both sides. In closing, he
expressed his appreciation to the City for working with him and that he
will continue to be available to address the remaining issues.
City Attorney Burnham stated that including a provision in the
guidelines for impartial analysis is something that he has already
discussed with Mr. Arst and that it was in response to wanting to provide
the voters with information. He expressed his frustration with the
amount of work that has been spent on the guidelines and the fact that it
appears that there will never be full satisfaction by the Greenlight
Steering Committee. In response to the comment by Mr. Arst about the
City maintaining its current practices, he stated that the City has
typically processed various land use approvals concurrently and that he
didn't know what additional information would have resulted in the past
practice that isn't encompassed in the proposed amendments to the
guidelines. Lastly, City Attorney Burnham stated that a general plan
amendment is a project and that there is specific information that must
be provided. He felt that the voters would be fully informed of the
implications and impacts of the land use decision.
Mayor Ridgeway agreed with the City Attorney that all of the
information necessary to make an informed decision is being provided
and is required by the proposed amendments. He asked Mr. Arst what is
missing. Mr. Arst stated that he's looking for as much specificity as
possible. Mayor Ridgeway stated that the document, as presented, is
excellent. He acknowledged the efforts of everyone involved.
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City of Newport Beach
Regular Meeting
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Council Member Bromberg asked if Mr. Arst felt that the voters would
have adequate information to make an intelligent decision. Mr. Arst
stated that he's willing to work with the City and agreed that progress
has been made. Council Member Bromberg stated that the proposed
amendments provide the voters with the environmental review and
analysis that Measure S didn't address. Council Member Bromberg
additionally confirmed with Mr. Arst that the recommendations for the
approval and rebuttal procedures are appropriate.
Council Member Nichols asked how a hotel with a large meeting room
would be handled. City Attorney Burnham stated that the proposal is to
entitle a hotel in terms of both rooms and floor area, and that the peak
hour trip generation would be governed by the trip rate table. Council
Member Nichols asked how a theater would be handled. City Attorney
Burnham stated a theater is limited to .5 times the gross land area, and
the Measure S calculation would be the differential in traffic between
what is currently allowed and what is being proposed.
Cora Lee Newman, Government Solutions, stated that her company
represents a number of business interests in Newport Beach and that
they are supportive of the proposed amendments. She stated that it's a
complex issue and that it's important for everyone to understand exactly
what is being approved.
At the request of Mayor Ridgeway, City Attorney Burnham clarified that
Exhibit A would be added to the guidelines in the Mandatory Procedures
section and Exhibit B would be added to the Calling an Election section.
Motion by Council Member Heffernan to approve the amendments as
presented by staff.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
O. CURRENT BUSINESS
28. SALES TAX SHARING AGREEMENT WITH NEWPORT BEACH
LEXUS.
Mayor Ridgeway recused himself from the item. He stated that he was
doing so because he owns property in the Newport Place Planned
Community, which is approximately 2,000 feet from the property subject
to the agreement. He explained that the Fair Political Practices
Commission (FPPC) guidelines establish a 500 -foot radius, but he was
doing so to avoid any appearance of a conflict of interest.
Volume 56 - Page 984
INDEX
C -3709
Sales Tax
Sharing
Agreement with
Newport Beach
Lexus
(38/100 -2004)
City of Newport Beach
Regular Meeting
June 8, 2004
INDEX
Council Member Bromberg confirmed with the City Attorney that he is
not required to recuse himself, noting that he recently purchased a
vehicle from a Lexus dealership.
Assistant City Manager Wood stated that David Wilson, the owner of the
Tustin Lexus, recently received approval to open a new dealership in
Newport Beach. The site selected for the dealership is on the western
corner of MacArthur Boulevard and Jamboree Road. Due to the high cost
of the land and construction, Mr. Wilson has asked the City to enter into
an agreement to share the sales tax for a period of time to make the
dealership economically feasible. She stated that there would be no
obligation for the City to makes payments until the land use permits are
approved, which the City has discretion on whether to grant or not.
Assistant City Manager Wood stated that the covenant attached to the
agreement requires Mr. Wilson to acquire the site, develop a Lexus
dealership within specified time frames, continue to operate the Lexus
dealership on the site, designate the site as the point of sale for all sales
transactions, and attempt to designate the site as the site for lease
transactions. She stated that the City's obligation would be to pay 50% of
the sales tax that's generated at the site, up to a maximum of $9.5 million
at interest of 5% per year. Assistant City Manager Wood reported that
the economic consulting firm of Keyser Marston Associates was retained
to analyze the proposal. Their conclusion was that the assistance that
was requested of the City was reasonable and necessary for the
dealership to sustain operations at the proposed site. Assistant City
Manager Wood stated that it is projected that the City's payments would
end after 11 to 14 years, and that staff considers the agreement to be of
low risk to the City and an investment that would be returned to the City
in the future.
Council Member Nichols confirmed that the payments made by the City
are from a portion of the sales tax received. He stated that it needs to be
clear that the percentage shall be from the City's portion of the sales tax.
City Manager Bludau stated that the City is covered in the agreement
and City Attorney Burnham stated that it's specifically covered under the
definition of "sales tax" and in the subvention clause.
City Manager Bludau referred to a letter received from the City of Tustin
earlier in the day that makes the City aware that there is a State
prohibition against a jurisdiction providing financial assistance to a
dealership to enable it to relocate from another jurisdiction. He stated
that this is not occurring in this situation,
Mayor Pro Tern Adams requested that the City respond to the letter from
the City of Tustin.
Council Member Heffernan asked if requiring Mr. Wilson to maintain his
existing dealership in Tustin should be a part of his agreement with the
City. City Attorney Burnham stated that the agreement already
addresses this issue. Council Member Heffernan referred to the
covenant, which would be recorded after Mr. Wilson receives all of his
approvals, and the interest rate that starts after he acquires title of the
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City of Newport Beach
Regular Meeting
June 8, 2004 INDEX
property. Council Member Heffernan asked why the covenant wouldn't
go on record once the property is acquired also. City Manager Bludau
stated that this is what was negotiated. Council Member Heffernan
stated that normally a covenant is recorded after the grant deed and
before a deed of trust. City Attorney Burnham stated that it is assumed
that Mr. Wilson will have received all discretionary approvals at the time
that the covenant is recorded. He added that the City won't owe him
anything unless the dealership is established and operated. Council
Member Heffernan asked if minimum improvements would be required.
City Manager Bludau stated that it hasn't been a concern and that he is
convinced that Mr. Wilson intends to put in a very high end facility.
Assistant City Manager Wood added that the covenant requires that it be
a Lexus dealership and that Lexus Corporate will require a certain level
of improvements, as all of the luxury auto dealerships do. Council
Member Heffernan asked what was received by the City from Fletcher
Jones in sales tax revenue. Assistant City Manager Wood stated that the
City has received $11.8 million. City Manager Bludau added that it was
approximately $2.4 million during the past year. Council Member
Heffernan asked if the City had done similar agreements, like the
agreement with Mr. Wilson, in the past. Assistant City Manager Wood
responded in the negative. Council Member Heffernan asked if a
precedent was being set. City Manager Bludau stated that a 50/50 sales
tax split is common in the industry, but that the City would have to
consider any future proposals separately. He added that the City will be
well served with the agreement.
Council Member Nichols recalled that there was a problem with receiving
sales tax from Fletcher Jones and asked if there was a provision in the
agreement with Mr. Wilson to guard against this. Assistant City
Manager Wood stated that she believed that Council Member Nichols
was referring to the use tax, which is the tax paid when someone leases a
vehicle. She confirmed that the City learned from that experience, that
State law has also changed to make it easier for cities to receive the tax
and that the issue was addressed in the agreement with Mr. Wilson.
Council Member Bromberg agreed that the City has learned from the
Fletcher Jones experience and noted that the City has made nearly $12
million in a relatively short period of time. He stated that the agreement
with Mr. Wilson should also provide revenue to the City with virtually no
risk.
Motion by Council Member Bromberg to adopt Resolution No. 2004-
51; and approve and authorize the Mayor to execute the agreement.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols
Noes: None
Abstain: Mayor Ridgeway
Absent: None
Mayor Pro Tern Adams recessed the meeting at 9:57 p.m.
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City of Newport Beach
Regular Meeting
June 8, 2004
Mayor Ridgeway reconvened the meeting at 10:06 p.m. with all members
present, except Council Member Heffernan.
29. APPROVAL OF THE MEMORANDUM OF UNDERSTANDING
(MOU) AND REIMBURSEMENT AGREEMENT WITH THE
NEWPORT -MESA SCHOOL DISTRICT FOR THE NEWPORT
COAST ELEMENTARY SCHOOL LOOP ROAD (C- 3684).
30. NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD —
AWARD OF CONTRACT (C- 3684).
Motion by Mayor Ridgeway to continue Item Nos. 29 and 30 to
June 22, 2004.
The motion carried by the following roll call vote:
Ayes: Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Abstain: None
Absent: Heffernan
31. PROPOSED ASSESSMENT DISTRICT NO. 68 (NEWPORT
SHORES) FOR UNDERGROUNDING UTILITIES AND
DESIGNATION AS AN UNDERGROUND UTILITY DISTRICT.
Council Member Rosansky recused himself from this item, as well as
Item No. 32. He explained that he owns property within District No. 68
and within 500 feet of District No. 69.
Public Works Director Badum pointed out that the Engineer's Report was
revised and distributed prior to the meeting.
Jim Hildreth referred to the staff report where it states that the proposed
improvements will improve safety and service reliability. He stated that
this is not true and that underground utilities are neither safer or more
reliable than aboveground utilities. Additionally, he referred to the
information about the bonds and stated that it's a lot of money. He
suggested that the property owners be provided with the guidelines for
financial assistance. Mr. Hildreth also referred to the information about
those failing to convert their individual service connections on private
property and that it could lead to a disconnection of service. He
suggested that the City be nicer in such situations. He also felt that a
notation should be included in the documentation about how the vaults
will be maintained.
Motion by Mayor Pro Tern Adams to 1) adopt the following
Resolutions for proposed Assessment District No. 68: a) Resolution
No. 2004 -45 making find on a petition for, adopting a map showing the
proposed boundaries of, and making appointments for proposed
Assessment District No. 68; b) Resolution No. 2004 -46 declaring intention
to order the construction of certain improvements in proposed
Volume 56 - Page 987
INDEX
C -3684
Newport Coast
Loop Road
(38/100 -2004)
C -3684
Newport Coast
Elementary
School Loop
Road
(38/100 -2004)
Underground
Assessment
District No. 68
(891100 -2004)
City of Newport Beach
Regular Meeting
June 8, 2004
Assessment District No. 68; declaring the improvements to be of special
benefit; describing the district to be assessed to pay the costs and
expenses thereof; providing for the issuance of bonds; and designating the
area an underground utilities district; c) Resolution No. 2004.47 giving
preliminary approval to the report of the assessment engineer, setting
the time and place for a public hearing as July 27, 2004; and ordering the
intention of assessment ballot procedure for Assessment District No. 68;
and 2) approve the Bond Counsel Agreement with Robert Hessell.
Council Member Webb stated that several people could be in attendance
for the item when it returns to the City Council and suggested that it be
placed as close to the beginning of the agenda as possible.
The motion carried by the following roll call vote:
Ayes:
Adams, Bromberg,
Noes:
None
Abstain:
Rosansky
Absent:
Heffernan
Webb, Nichols, Mayor Ridgeway
Council Member Heffernan returned to the Council Chambers.
32. PROPOSED ASSESSMENT DISTRICT NO. 69 - WEST NEWPORT
(AREA BETWEEN SEASHORE DRIVE AND W. OCEAN FRONT,
FROM SUMMIT ST. TO 33RD STREET; BETWEEN RIVER
AVENUE AND SEASHORE DRIVE FROM 56TH STREET TO 47TH
STREET AND OCEAN FRONT ALLEY, FROM 33RD STREET TO
ALLEY EAST OF 30TH STREET) FOR UNDERGROUNDING
UTILITIES AND DESIGNATION AS AN UNDERGROUND
UTILITIES DISTRICT.
Jim Hildreth referred to the staff report and the scope of services. He
stated that information on the aid that can be provided for people that
can't afford the cost should be given. He stated that information on street
closures and parking during construction is also missing. He asked that
the statements he made during Item No. 31 also be considered during
this item.
Elliott Leonard, West Newport Beach Association, stated that the district
is large and that it has been worked on for over ten years. He stated that
it's a large project and that over 600 property owners are involved. He
expressed his support for the effort.
Mayor Ridgeway hoped that the district would be approved and stated
that it would be a beneficial project for the entire community.
Motion by Mayor Pro Tern Adams to 1) adopt the following
Resolutions for proposed Assessment District No. 69: a) Resolution No.
2004 -48 making find on a petition for, adopting a map showing the
proposed boundaries of, and making appointments for proposed
Assessment District No. 69; b) Resolution No. 2004 -49 declaring intention
to order the construction of certain improvements in proposed
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INDEX
Underground
Assessment
District No. 69
(891100 -2004)
City of Newport Beach
Regular Meeting
June 8, 2004
Assessment District No. 69; declaring the improvements to be of special
benefit; describing the district to be assessed to pay the costs and
expenses thereof; providing for the issuance of bonds; and designating the
area an underground utilities district; c)Resolution No. 2004 -50 giving
preliminary approval to the report of the assessment engineer, setting
the time and place for a public hearing as July 27, 2004; and ordering the
intention of assessment ballot procedure for Assessment District No. 69;
2) approve the Bond Counsel Agreement with Robert Hessell; and
3) approve a Professional Services Agreement Amendment with Harris
and Associates for an additional fee of $38,600.
The motion carried by the following roll call vote
Ayes: Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Abstain: Heffernan, Rosansky
Absent: None
33. MARINAPARK RESORT AND COMMUNITY PLAN AND DRAFT
ENVIRONMENTAL IMPACT REPORT.
Senior Planner Campbell reported that the comment period ends June 9,
2004, for the Environmental Impact Report (EIR) for the proposed
Marinapark Resort. He announced that in addition to the presentation at
the current meeting, public hearings would be held before the Planning
Commission on July 8, 2004, and the City Council on July 13 and 27,
2004. Senior Planner Campbell introduced David Lepo, the project
manager, and Mike Houlihan of Michael Brandman & Associates, who
prepared the EIR.
Council Member Heffernan asked what hearings would be held before the
project is submitted to the voters, in addition to the hearings already
announced. He specifically asked when the voters would learn about the
ground lease terms and other issues. City Attorney Burnham stated that
the City Council would consider the ground lease, the fiscal impact report
and certification of the EIR at the meeting of July 27, 2004. In addition,
the election would be called by resolution. He stated that the City
Council could hold additional public meetings if the City Council
determines that more information should be provided. City Attorney
Burnham stated that there is also the potential to adopt the Planned
Community (PC) text. Council Member Heffernan asked if there would
be a vote by the City Council on the project prior to it being presented to
the voters. City Attorney stated that the lease and the fiscal impact
report would be considered and discussed by the City Council, and that
the lease could be approved subject to the other permits and land use
approvals being issued. Council Member Heffernan asked if the voters in
the City would know who on the City Council is supportive of the project
and who is not. City Attorney Burnham stated that it would be up to the
City Council, but that most likely opinions would be expressed during the
process. City Attorney Burnham noted that the agreement between the
City and Marinapark LLC approved an exception to the normal practice.
Council Member Heffernan asked if the site plan, layout and other detail
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INDEX
C -3389
Marinapark
Resort and
Community Plan
(38/100 -2004)
City of Newport Beach
Regular Meeting
June 8, 2004
INDEX
would be approved prior to the project being submitted to the voters.
City Attorney Burnham responded in the affirmative, but stated that the
City Council could include a requirement for final approval of the site
plan in the terms and conditions of the lease, which would be approved
on July 27, 2004. Council Member Heffernan asked what the voters
would be approving if they haven't approved the site plan. City Attorney
Burnham stated that they would be approving a general plan amendment
to allow for the construction of a 110 -room resort consisting of
approximately 110,000 square feet. He added that they would be
approving the concept, understanding that if all other permits are
obtained by the project proponent, the lease would guide the development
and operation of the property.
Mayor Ridgeway asked if the PC text had been submitted for the project.
Senior Planner Campbell stated that the draft PC text is available and
subject to review and amendment. He stated that the timing of when the
PC text will be presented to the City Council is up to the City Council.
Council Member Webb asked when the first copy of the lease and the
fiscal impact report would be available. City Attorney Burnham stated
that the terms and conditions of the lease should be available within the
next thirty days. Council Member Webb noted that the lease won't be
available until approximately two weeks before the City Council will need
to make the final decisions and approvals.
Mayor Ridgeway stated that the lease will also be available in summary
form.
Council Member Webb asked when the fiscal impact report would be
available. Assistant City Manager Wood stated that it should be
available within the next couple of weeks. Council Member Webb again
noted that both the lease and the fiscal impact report won't be available
until approximately two weeks before the City Council will need to make
the final decisions and approvals.
Council Member Nichols asked how much the project could change before
the EIR would be inapplicable. City Attorney Burnham stated that the
project reviewed in the EIR would be the project that would be developed,
if all approvals are received.
Council Member Webb stated that the approval from the Coastal
Commission could require some substantial changes. City Attorney
Burnham stated that unless the approvals increase the size of the project,
the approvals would be within the scope of the analysis in the EIR. If the
approvals would cause the project to have impacts that weren't evaluated
or increase the severity of the impacts, the EIR would have to be revised.
Mayor Pro Tern Adams noted that it's only dealing with the general plan
amendment, and not necessarily with the specifics of the project.
Council Member Heffernan asked how voter approval would be affected if
the Coastal Commission, for example, reduces the size of the project,
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City of Newport Beach
Regular Meeting
June 8, 2004
INDEX
making the project less economically teasible Urty Attorney Burnham
stated that voter approval is for the general plan amendment, which
authorizes the development of a project up to a certain size. He added
that the City Council will approve the lease before the matter is
submitted to the voters, which will indicate to the voters what the City
intends to do if the project is approved. He stated that the lease is an
administrative function, which cannot be delegated to the voters. The
voters are only approving a general plan amendment, which is a
conceptual approval of the project.
In response to Mayor Ridgeway's question, Senior Planner Campbell
stated that the purpose of the presentation at the current meeting is to
provide information on the project, and receive feedback from the City
Council on the adequacy of the EIR and issues that should possibly be
addressed prior to the upcoming public hearing meetings. City Attorney
Burnham added that the presentation is also intended to provide
information to the voters.
Steve Sutherland, applicant and partner of the Marinapark Resort and
Community Plan, stated that the project has been before the City for a
number of years. Using a PowerPoint presentation, Mr. Sutherland
displayed the location of the project on the Balboa Peninsula, as well as
the site plan. He reviewed the various aspects of the site plan, and stated
that the plan is for a 110 -guest room luxury destination resort. He stated
that the 110 rooms will be located in 16 villa -style buildings, all designed
in residential scale, and lower in height and density than many of the
neighboring homes. Mr. Sutherland stated that the project will help to
beautify the surrounding area and the traffic generated by the project
will be below the Measure S thresholds. He stated that the current use
at the site includes a mobile home park with 56 tenants. He displayed
several before and after view simulations. Mr. Sutherland stated that
the community improvements of the proposed project include
beautification of the area, commitment to fund a minimum of $500,000 to
remodel the existing American Legion facility, rebuilding the public
tennis courts, and construction of a new Girl Scout House and community
center. He stated that the City currently operates tennis and sailing
programs at the site and that this will continue. He additionally noted
that the public will have access to the resort's specialty restaurant and
grounds, and that public beach access will be improved and new view
corridors and walkways will be provided. Mr. Sutherland reported that
the total annual revenue to the City is anticipated to be close to $3
million, and would include Transient Occupancy Tax (TOT), sales tax and
property tax. He stated that it is also expected that property owners will
benefit from increased land values, and that the project will help with the
revitalization of the area.
Council Member Webb stated that there appears to be no room for
landscaping to camouflage the wall around the tennis courts.
Mr. Sutherland stated that there is a 3 -foot setback that can be layered
with different types of groundcover, trees and foliage, and that he also is
concerned about how the project will look, to both the residents and the
guests of the property. Council Member Webb stated that the wrought
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iron fence that is proposed at the view corridors would substantially block
the views. Mr. Sutherland stated that the view corridor is 30 to 35 feet
on each side. Council Member Webb stated that he's anxious to see the
fiscal impact report to see how the $3 million revenue figure is justified.
Council Member Nichols stated that it appears that the project does not
have adequate parking. Mr. Sutherland stated that there are no other
Five Star resorts in Orange County to base a comparison on and that the
proposed project will not need the number of employees needed at the
larger resorts. In response to Council Member Nichols' question,
Mr. Sutherland stated that the resort's employee pool is expected to be
approximately 150, but the number on the site at any given time would
be approximately 50. He emphasized that the project is for a small
luxury resort.
Referring to the staff report, Council Member Heffernan asked how the
issues raised by the Environmental Quality Advisory Committee (EQAC)
regarding the EIR would be addressed. Assistant City Manager Wood
stated that those comments along with all other comments received will
have written responses, and that the consultants at Michael Brandman &
Associates are already working on those. The comments should be
available well before the July 8, 2004, Planning Commission meeting. In
response to Council Member Heffernan's question, Assistant City
Manager Wood noted that the concerns of the Planning Commission
included additional backing for the conclusions on traffic and parking,
more information in the analysis of consistency with the general plan,
and more facts and analysis regarding the alternatives. She stated that
the comment period for the EIR is 45 days and ends on June 9, 2004.
Council Member Nichols stated that EQAC wanted an additional chance
to review the EIR after their initial questions were answered. Assistant
City Manager Wood stated that their comments will be responded to,
which is a requirement of the California Environmental Quality Act
(CEQA) guidelines. The City Council has the authority to approve the
final EIR. EQAC does not make the decision on whether an EIR should
be recirculated, or found to be adequate and certified. Assistant City
Manager Wood additionally noted that there is a lack of clarity on
whether EQAC actually recommended that the EIR be recirculated.
Council Member Heffernan asked if EQAC will provide responses to the
responses by the consultant. Assistant City Manager Wood stated that
the City's procedure does not include a provision for the EIR to go back to
EQAC for a second review. City Attorney Burnham added that the City's
procedures also do not include a provision for EQAC to comment on the
responses. The adequacy of the EIR and the adequacy of the responses to
all of the comments received on the EIR are decisions made by the City
Council, which has the full discretion to determine if the document is in
compliance with CEQA. In response to Council Member Heffernan's
question, City Attorney Burnham stated that the City Council will need
to weigh the comments made and review the responses to determine if
they adequately address those comments. Council Member Heffernan
stated that it would be more efficient for the individual that made the
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INDEX
comment to review the response. City Attorney Burnham emphasized
that the decision on the adequacy of the document is strictly that of the
City Council. The Planning Commission will make a recommendation,
but they will not make the determination.
Council Member Bromberg noted that EQAC is a diverse group of
individuals and they all realize that they are not the decision makers or
the policymakers.
Council Member Nichols noted that the City Council does have the option
of recirculating the document, which would include recirculation to
EQAC.
Assistant City Manager Wood encouraged the council members and the
public to provide comments on the EIR at the current meeting.
Robert Walchli stated that he's a proponent of public use of public
property and is generally against conversion to private control. He stated
that he's not opposed to a compromise, noting that a hotel with increased
public access could be feasible. He asked what the revenue from the
proposed hotel would be used for and what the analysis of leaving the
property as open space is. He suggested that there be provisions to
restrict the use of the boat slips by charter boats and to provide increased
public access. Mr. Walchli stated that the people should be able to vote
on what they want the site to used for. He, additionally, asked what
would happen if the project goes bankrupt and if the community center
would be free. Lastly, he stated that there doesn't seem to be any
guarantee that what the voters approve is what will be developed.
Jim Hildreth stated that he was glad to see that boats would be allowed.
He felt, however, that parking dinghy's at the site should also be
considered.
Laura Dietz, EQAC member, stated that when EQAC formed the
subcommittee to review the Marinapark draft EIR, she felt that one of
the members might have a conflict of interest because of their vocal
opposition to the project. She learned that this matter is not relevant for
EQAC, which is an advisory committee. Ms. Dietz stated that she missed
the meeting when EQAC compiled their recommendations and that she
disagrees with a number of them. She stated that the EQAC members
still need to learn more about EIR's and the CEQA process.
In response to Council Member Heffernan's question, City Attorney
Burnham stated that vocal opposition to a project is meaningless when
looking at the legal definition of conflict of interest by a member of an
advisory committee. He stated, however, that opposition to a particular
project on the part of a decision maker could potentially constitute a
denial of due process.
Council Member Nichols stated that he was at the EQAC meeting when
the project was reviewed. He stated that a concern was expressed for the
possibility of the charter boats being able to utilize the piers at the site.
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:Mayor Ridgeway stated that the largest dock that is being designed is 28
feet.
Council Member Nichols stated that the plan is not to berth the boats,
but to pick up charter passengers. Assistant City Manager Wood stated
that it is not a part of the project description. Council Member Nichols
stated that EQAC also questioned using the underground parking lot for
temporary water storage in the case of a major rain storm and how well it
would work. Assistant City Manager Wood stated that all of EQAC's
concerns will receive a response and that these will be provided to the
Planning Commission and the City Council,
Council Member Webb stated that two of the project objectives will
eliminate the recreation public use alternatives from being considered or
feasible, because they do not generate revenue. He specifically cited the
two objectives, which were to reduce the current and anticipated future
deficit between tidelands revenue and expenditures, and to provide
additional general fund revenues that will help the City maintain high
levels of public safety and municipal services. He stated that he has
previously requested that an alternative be shown in the document for a
"no project" alternative that followed the recreation and open space
element without a mobile home park. He stated that the "no project"
alternative included in the document includes the mobile home park and
the other existing uses. City Attorney Burnham explained that the City
is obligated to evaluate the impacts of "no project ", or no development,
pursuant to CEQA, which is why the current use at the site is included in
the document- Council Member Webb stated that a fourth alternative
could still have been included, and that the public use alternative in the
document is for marine - related use and not park use.
In response to Council Member Heffernan's question, City Attorney
Burnham stated that the lease revenue would be tidelands revenue and
would be required to be used for tidelands purposes. The TOT revenue
would go into the general fund.
Motion by Mavor Pro Tern Adams to continue through the agenda until midnight, if
necessary. The motion carried by acclamation.
P. ITEMS REMOVED FROM THE CONSENT CALENDAR
3. ORDINANCE AMENDING SECTIONS 12.24.065 AND 12.24.080 OF
THE NBMC REGARDING REDUCING THE PRIMA FACIE SPEED
LIMIT OF RIDGE PARK ROAD FROM SAN JOAQUIN HILLS
ROAD TO NEWPORT COAST DRIVE.
Jim Hildreth stated that he hoped the speed limits weren't being changed
just to generate revenue. He asked how notification would be made and
stated that signs are often not adequate. He suggested that the speed
limits be placed on the roadways themselves.
Motion by Mayor Pro Tern Adams to introduce Ordinance No. 2004 -12
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(100 -2004)
City of Newport Beach
Regular Meeting
June 8, 2004
amending Chapter 12.24 (Special Speed Zones), Sections 12.24.065 and
12.24.080 of the NBMC reducing the prima facie speed limit on Ridge
Park Road from San Joaquin Hills Road to Newport Coast Drive from 40
mph to 30 mph.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
5. PUBLIC RIGHT -OF -WAY ORDINANCE.
Jim Hildreth stated that the public should be notified when the work for
the undergrounding of utilities takes place. Additionally, he stated that
the work should be checked to make sure that it's done properly and does
not result in a public nuisance.
Motion by Mayor Pro Tom Adams to adopt Ordinance No. 2004 -9
pertaining to use of the public right -of -way.
Council Member Heffernan confirmed that the change discussed at the
City Council meeting of May 25, 2004, was included in the document that
is being approved.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
6. DISCHARGE OF WEAPONS ORDINANCE.
Council Member Nichols stated that he doesn't understand why the
proposed ordinance is necessary. He explained that he is not in favor of
discharging weapons for unreasonable means, but is in favor of the right
to self- defense.
Motion by Council Member Webb to adopt Ordinance No. 2004 -11.
Jim Hildreth stated that the reason for the ordinance is so that the City
doesn't have little pellets dropped all over the place from the little guns,
but that the Police Department has cited safety as the reason.
Mr. Hildreth stated that it doesn't make sense that a person can carry a
replica of a real weapon, but not discharge it. He stated that he doesn't
see anything in the ordinance dealing with the safety issues. He also
hoped that the City would include notification to all of the schools, so that
the children would know what is allowed.
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(100 -2004)
(100 -2004)
City of Newport Beach
Regular Meeting
June 8, 2004
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor
Ridgeway
Noes: Nichols
Abstain: None
Absent: None
Motion by Mayor Ridgeway to limit public comments on Items Removed from the
Consent Calendar to two minutes.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Abstain: None
Absent: None
8. REVISED PARKING LOT FEES FOR BALBOA PIER AND
CORONA DEL MAR PARKING LOTS.
Mayor Ridgeway stated that the Balboa Business Improvement District
(BID) submitted a letter requesting that the fee increase at the Balboa
Pier parking lot be held until the construction for the undergrounding of
the utilities is completed. Mayor Ridgeway expressed his support for the
request. City Manager Bludau noted that the fee increase applies to long
term parking only, and not the first five hours. Mayor Ridgeway stated
that he did mention this to Mr. Black.
Council Member Rosansky referred to the estimate for an additional
$250,000 in revenue at the Balboa Pier that would result from the
increase, and stated that it seems unreasonably high. Conversely, he felt
that the estimate of $220,000 for Corona del Mar seemed low.
Council Member Nichols stated that during the weekdays in Corona del
Mar, there is ample parking. He suggested that the fees not be increased
during this time and explained that it could attract usage in the parking
lot, which would result in less of an impact to the residential community.
Robert Walchii stated that the fee increase in Crystal Cove could draw
people to Corona del Mar, however it may not since those that go to
Crystal Cove may be willing to pay the additional $4 since they go there
because it's less crowded. He stated that raising the fees at Corona del
Mar will result in more people parking on the residential streets. He
requested that traffic control be provided on the holidays and weekends,
and that the issue of gridlock be addressed. He stated that the traffic
control could be funded by the revenue generated from the increase in
fees.
City Manager Bludau stated that the fee increase is an opportunity to
increase City revenues.
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City of Newport Beach
Regular Meeting
June 8, 2004
Council Member Heffernan asked if the parking permits were also being
increased. City Manager Bludau responded in the negative and
explained that the parking permits are valid throughout the City.
Motion by Mayor Pro Tern Adams to rescind Resolution No. 92 -105
and adopt Resolution No. 2004 -43 amending the City Fee Schedule for
parking fees at the Balboa Pier and Corona del Mar parking lots.
Council Member Nichols stated that the beach is not full midweek and
again explained that not increasing the fees would encourage higher
usage, provide more revenue to the City and result in less of an impact to
the surrounding neighborhood.
Mayor Pro Tem Adams asked if staff looked at a two- tiered fee structure.
City Manager Bludau responded in the negative and explained that it
would be confusing. After a brief discussion, it was determined that the
proposal is for a two - tiered fee structure in Corona del Mar, one for
weekends and holidays and one for midweek.
Council Member Webb noted that Newport Beach is below other cities in
fees and is missing a substantial source of revenue. He didn't feel that
changing the fees by the amounts proposed would reduce usage.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
10. MARINER'S MILE WATERFRONT WALKWAY PIERHEAD LINE
EXTENSION: APPROVAL OF AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT WITH CASH & ASSOCIATES (contd.
from 5/25/04).
Council Member Nichols stated that moving the walkway out to the
bulkhead line would not achieve a smooth walkway and would eliminate
the view from the restaurants. He disagreed with spending money to
study the matter.
Motion by Council Member Webb to 1) approve Amendment No. 1 to
Professional Services Agreement with Cash & Associates and authorize
the Mayor and the City Clerk to execute the amendment; and 2) approve
a budget amendment (04BA -063) in the amount of $15,000 from the Tide
and Submerged Land fund balance, 230 -3605, to Tidelands Capital, 7231 -
05100314.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor
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INDEX
C -3548
Mariner's Mile
Waterfront
Walkway
(38/100 -2004)
City of Newport Beach
Regular Meeting
June 8, 2004
Ridgeway
Noes: Nichols
Abstain: None
Absent: None
12. JAMBOREE ROAD STREET REHABILITATION - FORD ROAD
TO BISON AVENUE - AWARD OF CONTRACT (C- 3625).
Council Member Nichols stated that there doesn't seem to be a problem
with the pavement and asked for an explanation as to why it needs to be
rehabilitated. Public Works Director Badum stated that based upon
inspections by the General Services Department and the engineers, it
was determined that it did need paving.
Motion by Council Member Bromber¢ to 1) approve the plans and
specifications; 2) award the contract (C -3625) to All American Asphalt,
Inc. for the total bid price of $733,733 and authorize the Mayor and the
City Clerk to execute the contract; and 3) establish an amount. of $73,000
to cover the cost of unforeseen work.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor
Ridgeway
Noes: None
Abstain: Nichols
Absent: None
17. BUDGET AMENDMENT - CALIFORNIA SEAT BELT
COMPLIANCE CAMPAIGN PROGRAM - FISCAL YEAR 2004 -2005.
Council Member Nichols stated that the City should not be enforcing the
use of seat belts in such a manner and that it should be the responsibility
of the individual.
Motion by Council Member Webb to approve a budget amendment
(04BA -066) to an existing grant in the amount of $15,940 for the Police
Department budget in fiscal year 2003 -2004, to fund additional seat belt
enforcement, as a part of the California Seat Belt Compliance Program.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor
Ridgeway
Noes: Nichols
Abstain: None
Absent: None
Q. MOTION FOR RECONSIDERATION - None
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INDEX
C -3625
Jamboree Road
Street
Rehabilitation
(38/100 -2004)
(100 -2004)
City of Newport Beach
Regular Meeting
June 8, 2004
INDEX
R. ADJOURNMENT at 11:55 p.m. in memory of Jim Frost and Former
President of the United States Ronald Reagan.
The agenda for the Regular Meeting was posted on June 2, 2004, at 3:55 p.m on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
Recording Secretary
Mayor
(�o n m
City Clerk
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