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Home My WebLink About08/11/2009 - Study SessionCITY OF NEWPORT BEACH City Council Minutes City Council Study Session August 11, 2009 — 3:00 p.m I. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb Excused: Council Member Gardner, Council Member Daigle II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Webb recommended continuing Item 18 (Sale of City -Owned Property). Regarding Item 19 (Unscheduled Vacancy on the Building Fire Board of Appeals), Mayor Selich recommended appointing Council Members Webb, Daigle, and Gardner to serve on the Ad Hoc Appointments Committee. 2. CENTRAL COUNTY CORRIDOR MAJOR INVESTMENT STUDY. Orange County Transportation Authority (OCTA) Manager of Corridor Studies Warren utilized a PowerPoint presentation to discuss the parameters of the study area; the purpose and goal of the study, being a Locally Preferred Strategy (LPS); the Policy Advisory Committee, Technical Working Group, and Stakeholder Working Group; Refined Alternative Strategies, which include Strategies A through E; options to extend the 57 Freeway (Strategy A and B); and study and project timelines. In response to Council questions, Ms. Warren discussed details of Strategy B (Measure M -2), adding an additional lane to the 55 Freeway between the 22 Freeway and the 405 Freeway, local transit projects, better connections to Metrolink, and the 19th Street Bridge project. She also clarified that the extension of the 55 Freeway is part of Strategy C, and that Huntington Beach and Costa Mesa have concerns regarding the 19th Street Bridge as part of Strategy B. She stated that she hopes to have more information to present to Council by the end of October, and will be wrapping up the LPS to present to Council by Spring 2010. 3. CHANGES TO NBMC 11.08.010 (OBSTRUCTIONS ON PUBLIC BEACHES PROHIBITED) AND NBMC 11.08.020 (USE OF CONCEALING UMBRELLAS PROHIBITED) (continued from 5/98109). Police Captain Johnson discussed components of the revised ordinance, including limiting the size of the structures to 10' x 10' with a total square footage of 100 feet; limiting the number of side panels to two to allow.for more visibility; comparing the ordinance'to those in surrounding cities; requiring awnings to be removed if Volume 59 —Page 285 City of Newport Beach City Council Study Session August 11, 2009 they prohibit Lifeguard visibility; leaving a right -of -way for emergency vehicles; community feedback supporting less side panels; staff feedback suggesting exceptions for City events; and requesting direction from the Fire Department on the proximity of devices to fire rings. On behalf of Council Member Gardner, Council Member Henn suggested the need for a defined separation between the units, and that the size limitation should be smaller than 10'x10', similar to the size limitations in Laguna Beach's ordinance. Council discussed 10'x10' versus 6'x6' easy -ups and believed that a 10'x10' unit would be appropriate with a 6 -foot separation between each unit. Kathy Hamilton thanked Police Captain Johnson and City Attorney Hunt for their support. She utilized photographs to show the density at Big Corona Beach, and expressed support for one -sided units and for banning the use of tents. She explained that the Laguna Beach ordinance only allows a one -pole unit of no more than 6 feet in diameter and expressed support for the City to follow this methodology. Joan Coleman expressed concern about the lack of visibility at Big Corona and agreed with the suggestion to only allow one -sided units. Karen James spoke in regards to a letter she wrote to Council on June 6th which advocated for umbrellas only, and stated that umbrellas are inexpensive, look nice, and do not block visibility. Mayor Pro Tern Curry, Council Member Henn, and Mayor Selich expressed support for allowing one -sided units. Council Member Henn requested more information regarding Laguna Beach's ordinance and purchase availability of 6'x6' structures. He also stated that he felt it was appropriate to allow exceptions for City use, and suggested clarifying the ordinance to not allow multiple one -sided units to be combined to create a multi -sided enclosure. 4. REPORT OF FUNDING FEASIBILITY FOR OPEN SPACE ACQUISITION OF BANNING RANCH. Independent Consultant Myerson referenced his report that advised the City on methods and approaches for appraising the Banning Ranch property, discussed the selection process to engage an appraisal firm to assess the fair market value of the property, and assisted the City in identifying potential sources of conservation funds for possible acquisition of the property and to assess the feasibility of such an acquisition. In response to Council questions, Independent Consultant Myerson clarified that the complete acquisition is for 400 acres, discussed the potential for creative solutions during the review process in regards to available funding, stated that Proposition 84 has allocations for funding this type of acquisition, and discussed his attempts to get a response fom the Ports of Long Beach and Los Angeles. Steve Ray, Executive Director of the Banning Ranch Conservancy (BRC), expressed support for retaining the services of Independent Consultant Myerson, discussed Opportunities for utilizing several sources of funding, and noted BBC's collaboration with the Environmental Oversight Committee (OCTA). He also discussed the goal of BRC to preserve all 400 acres, which will require cooperation from property Volume 69 — Page 436 City of Newport Beach City Council Study Session August 11, 2009 owners and local support, clarified what the "free land" will be used for, and discussed the habitat value of the land. Rosemary Steinbrecher requested clarification on further expenses regarding the development of the open space. Assistant City Manager Wood recommended keeping Independent Consultant Myerson available to help staff come up with creative solutions. She also clarified situations where property owners would or would not be reimbursed for the cost of cleanup. Jan Vandersloot discussed the ecological value of the property and how the habitat value has been taken away because of mowing, suggested that the City utilize organizations such as Trust for Public Land or the American Land Conservancy to acquire the land, discussed how the Ports of Long Beach and Los Angeles could be utilized, noted the major points of contention regarding the Burrowing Owl, and suggested more than one consultant be used for the project. Kevin Nelson requested that Council allow as much time as required to work out funding for the property, commented on the ecological value and aesthetics of the land, and suggested slowing down on developing the last developable area. James Quigg highlighted his financial background and discussed ways to structure the sale to provide the greatest financial benefit. Council Member Webb expressed support for moving the current course of action forward, as recommended by staff. Mayor Pro Tem Curry suggested that staff contact Sacramento to find a window of opportunity for creating new money for the project, and also expressed support for moving the current project forward. Council Member Rosansky commented that Council would be open to opportunities as they were presented, and also supported the process of moving forward: b. AMENDMENT TO TITLE 19, "SUBDIVISIONS", OF THE NEWPORT BEACH MUNICIPAL CODE (PA2009 -087). Planning Director Lepo utilized a PowerPoint presentation to discuss proposed changes, process changes, tentative parcel maps, lot merger applications, involuntary and voluntary lot mergers, development across lot lines, lot line adjustments, General Plan Policies, Coastal Land Use Plan Policies, and City Council Policy. Council Member Rosansky suggested exploring what typical setbacks are on the Peninsula and recommended that the Public Works Department weigh -in on utility issues regarding lots that are being reoriented. Council Member Henn stated that the current zoning code is inapplicable to many situations on the Peninsula, and reiterated the need to be resident - friendly and encouraging of revitalization. Mayor Selich noted that this might be a one - size - fits -all approach, suggested dealing with older and newer areas of the City differently, and recommended updating the Volume 59 - Page 287 City of Newport Beach City Council Study Session August 11, 2009 Council Policy regarding alley access and curb cuts to make it consistent with the General Plan if needed. Council expressed concern regarding lot line adjustments with alley access, setback requirements, neighborhood uniformity, curb cuts and curb cut exceptions, and discussed the need for consistency with the General Plan. III. EU 1 C CQMMENTS - None IV. to JOURNMENT - 5:09 p.m The agenda for the Study Session was posted on August 5, 2009, at 3:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. rwy' - City Clerk Volume 69 — Page as