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CITY OF NEWPORT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3250
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: LCP Grant Contract
June 28, 1999
S32
Patricia L. Temple
644 -3200
SUGGESTED
ACTION: Direct staff to decline to execute the contract for the LCP Grant
awarded by the California Coastal Commission.
Background
In December 1998, the California Coastal Commission informed the City of the availability of
financial assistance for local governments to complete certification of their Local Coastal Programs.
On January 11, 1999, the City Council directed staff to prepare an application for these funds, and
on February 8, 1999, the City Council authorized the City Manager to submit the application for
LCP certification funding. On March 8, 1999, staff reported the award of $150,000 to the City of
Newport Beach for the certification of our LCP, which included specific conditions to the grant
award. At that time the City Council authorized the Mayor to send a letter to the Coastal
Commission outlining Newport Beach's concerns with the grant conditions, and directed staff to
work with Coastal Commission staff to refine the grant conditions to better meet the City's needs.
Discussion
The Assistant City Manager and Planning Director have engaged in a dialog with Coastal staff with
a goal to allow more flexibility in the use of funds. Those discussions have not yielded the kind of
result we desired.
As discussed in detail in the report to the City Council on this issue dated March 8a' (attached), the
City has several concerns with the grant conditions attached to its award. These include
• addition of items to the work program
• deletion of the Market Feasibility Study
• lack of flexibility in use of consultants
• mandate to complete the work and attain certification, with no assurance of further funding.
The grant conditions include additional tasks not contained in the work program submitted by the
City. We do not believe that some of this work, such as the parking inventory, will be useful to the
City. We believe that other items, such as analysis of the impacts of private boating on marine
resources, address priorities of the Coastal Commission rather than Newport Beach. Through our
discussions with Coastal Commission staff, we have not been able to achieve any concurrence that
these items can or should be adjusted though grant modifications.
Additionally, it is clear that there is little to no chance that the Market Feasibility Study will be
included in the work program, even though Coastal staff may be open to more flexibility in how the
City uses staff and consultants on the project. It also has become more clear to City staff that the
Coastal Commission's only interest is in gaining certification of Newport Beach's LCP with the
existing Land Use Plan and resolution of issues of importance to the Commission. These issues
include controlling private boating facilities and providing public access to 100% of Newport
Beach's coastal areas. The Commission is not willing to support the City's development of an
updated Land Use Plan that addresses issues of importance to Newport Beach, such as the
decreasing viability of commercial uses in some coastal areas and the resulting individual requests
for changes to residential land use.
Another issue of importance to the decision on this issue is that future grant cycles of the Coastal
Commission are going to shift away from initial certification to updates of older LCPs. Therefore,
the previously assumed potential for supplemental funding in future grant cycles is not likely. If the
City were to accept the grant, we would have to commit to completing the work program as
amended by the Coastal Commission and proceed to certification. This could require the
expenditure of as much as $250,000 of City funds.
A number of times in the past, the City has specifically determined NOT to certify our LCP, the
central benefit of which is gaining permit authority for coastal development. As a built -out City,
not many development projects require Coastal Commission approval, and there has not been a
high level of pressure to certify. Without the policy reviews and studies outlined in the City's work
program, staff questions whether the benefit of LCP certification will outweigh the costs to the
City.
Given these concerns, and combined with the already high demand of staff resources from other
priority projects, staff recommends that the City Council direct staff to decline executing the grant
contract with the State of California.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
PATRICIA L. TEMPLE
Planning Director
Attachments: Report to City Council of March 8, 1999
Local Coastal Program Grant
Page 2
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' aE`a'POgt CITY OF NEWPORT BEACH Hearing Date: March 8, 1999
o° COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: s25
PLANNING DEPARTMENT Staff Person: Patricia L. Temple
3300 NEWPORT BOULEVARD 644 -3200
•� NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3250
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Discussion of the Recommendation of Coastal Commission Staff on the
City's LCP Grant Request
SUGGESTED
ACTION: Authorize the Mayor to sign and staff to deliver a letter to the Coastal
Commission, expressing the City's concerns regarding the conditions of
approval of its LCP grant; and
Direct staff to continue working with the staff of the Coastal
Commission towards approval of grant funding that meets the City's
needs.
Background
In December 1998, the California Coastal Commission informed the City of the availability of
financial assistance for local governments to complete certification of their Local Coastal Programs.
On January 11, 1999, the City Council directed staff to prepare an application for these funds, and
on February 8, 1999, the City Council authorized the City Manager to submit the application for
LCP certification funding.
Discussion
On March 2, 1999, the Planning Department received the staff report prepared by Coastal
Commission staff, conveying their recommendations for grant funding to the Coastal Commission,
which will consider this item on March 10, 1999. Coastal staff has recommended full or partial
funding for eight communities, totaling the $500,000 available in this funding cycle. Newport
Beach is recommended partial funding, in the amount of $150,000.
The City's grant application requested a total of $407,135. Therefore, while the recommended grant
of $150,000 is a significant amount of money (and the largest single grant award), it represents only
36.8% of the amount requested.
The award of grant funds to the City of Newport Beach is also subject to specific conditions of
approval, which make changes, deletions and additions to the City's work program. These are listed
below, with the staffs estimate of the impact to the original cost estimate.
J
1. Offers to Dedicate Public Access: A task has been added to the Public Access Policies and
Plan to develop a strategic plan for acceptance of 13 outstanding offers of dedication. We
believe this activity was already covered in our Implementation Strategies work program task.
Therefore, this condition should have no implications to the LCP Certification cost estimate.
2. Polluted Runoff Component: This will require development of policies and implementation
measures addressing non -point source pollution. The City has recently adopted and is already
implementing control of non -point source runoff through the adoption of the Water Quality
Ordinance, to accomplish the requirements of the Federal Clean Water Act. Therefore, the City
has already taken significant steps in implementing non -point source water pollution control.
Staff is of the opinion that this condition of approval will add a small amount of work to the
preparation of the updated LCP, Land Use Plan, as policies addressing this issue may need to be
added. Additionally, Coastal Commission staff has offered their technical expertise to comment
on the City's existing regulations, which could result in modifications to the existing ordinance.
3. Modify Harbor Study and Workplan: This specifically requires an analysis of the impacts on
marine resources and public harbor use which result from private boating facilities. We believe
this activity was covered in our description of the Harbor Element task. However, given that the
Coastal staff has identified this issue as one requiring a special condition of approval, it is
possible that the amount of effort required to complete this study may need to be expanded.
Therefore, this condition could result in additional cost to complete the Harbor Element.
The second component of this recommendation is to delete the Market Feasibility Study
requested as part of the work program. This study was intended to assist staff in identifying the
level of sustainable commercial development in the Coastal Zone, with the possibility of
reducing the acreage designated for commercial use. This condition will eliminate a $60,000
study from the work program.
City staff still feels that the market feasibility study is an important component of an LCP which
can be implemented. Identification of the appropriate locations for and amount of commercial
development that can be sustained is important to being able to provide commercial uses and
services which benefit the coastal visitor as well as the quality of the coastal environment and
the Newport Beach community.
4. Public Parking Inventory: This condition requires a comprehensive inventory and map of all
public parking. It also requires a comprehensive review of parking standards for new
development. The first part of the requirement has already been completed in the Balboa
Peninsula Parking Management Plan for the Balboa Peninsula area only. This condition will
require development of this information for the remainder of the Coastal Zone, a significant
new task. It is also unclear to us what the purpose of this inventory is, as this is not discussed in
the Coastal staff s recommendation. The second part, the review of parking standards for new
development, also represents a significant new task not provided for in the City's proposal.
Based upon previous experience with traffic and parking studies, a completion of public
parking survey for the balance of the Coastal Zone and comprehensive review of parking
standards (both of which require consultant assistance) could add as much as $75,000 to the .
Local Coastal Program Grant
Page 2
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program cost, and have the potential to add an additional significant public issue (on -site
parking requirements) to the certification program.
5. Wetland Protection: This condition will require alterations to the existing LCP, Land Use Plan
to revise and update the Environmentally Sensitive Habitat Areas and Unique Coastal
Resources section. While not provided in the work program submitted, these changes are
considered relatively minor, and will involve a relatively small additional cost to the program.
When viewed overall, it is the opinion of staff that these changes, with the addition of the parking
study and the deletion of the market feasibility study, result in a total overall cost about $15,000 to
$20,000 higher than our original estimate.
However, further reading of the Coastal Commission staff report reveals an additional
recommendation not set forth in the specific conditions of approval. That recommendation is to
eliminate a substantial portion of the funding requested for consultant reports ($265,000 was
requested). A modest amount of consultant assistance is recommended ($62,965), but only for use
in the issue areas identified in items I through 4 above, which, as noted, would not be enough to
cover the additional public parking inventory and required review of parking standards for new
development. The comprehensive Harbor Element, the Public Access Plan, the Transportation Plan
and the Market Feasibility Study would not be funded. Therefore, it appears to staff that the
recommendation is to allow for a very limited amount of policy adjustments, and only to provide
funds to implement the existing LCP, Land Use Plan. This plan was adopted in 1982, and updated
in 1990 to reflect the commercial floor area limits adopted in the 1987 General Plan Update.
Additionally, funds have been recommended only to carry the City through the first half of the work
program. It is our understanding that as part of the grant award, the City will be required to
contractually commit to completion of the certification effort, with no guarantee of any additional
funding. It should be pointed out, however, that another round of funding is expected in July of
1999, with another $500,000 to allocate. Should we commence the certification effort, we would
expect to compete well in subsequent funding allocations.
Implications of the Coastal Commission Staff Recommendation
There are several aspects of the Coastal staff recommendation which generate concern on the part
of staff. First and foremost, very few policy areas of interest to the City are supported by the grant.
Therefore, if the City truly wishes to conduct comprehensive analysis regarding the Harbor
Element, Public Access, Market Feasibility, and Transportation Planning, important aspects of the
General Plan and LCP programs, it will have to self -fund those programs.
Second, should the City wish to accept the grant, the Coastal Commission staff has suggested a
funding strategy which seems to limit the City's flexibility to utilize in -house resources versus
outside consultants. Staff would suggest that we pursue some ability to negotiate this allocation
once the refinements to the work program are drafted.
Local Coastal Program Grant
Page 3
Third, as discussed above, acceptance of the grant will involve a commitment to complete
certification, with no guarantee of additional funding.
City Options
Staff sees three primary options for the City Council to consider.
One would be to continue pursuing the grant funding as requested, that is, continue to request full
grant funding. Staff does not recommend this approach, as there is a limited amount of funds
available, and many other communities seeking funding assistance. We believe that there is little
chance of receiving full funding.
Another option is for the City Council to send a letter to the Coastal Commission, which could be
delivered by staff at the meeting on March 10, 1999. This letter would express the City's concerns
related to the Coastal staff recommendation, and set forth areas where we are interested in making
adjustments to the conditions of approval. If the Coastal Commission approves funding for
Newport Beach, we would then work with the staff of the Coastal Commission to better understand
their priorities, and educate them on areas where we believe the City has substantially completed
work tasks identified in the conditions of grant approval. Adjustments could then be made within
the $150,000 allocated to the City for LCP certification. We could also pursue some additional
commitments for additional funding in subsequent funding cycles.
Finally, the City could decide to terminate the grant request, and focus City resources on other
priority planning projects, such as Newport Center and the Airport Area.
Recommendation
It is the opinion of staff that the City should continue to pursue the LCP Grant funding, revising
the work program with the Coastal Commission staff, and include more flexibility to the City in
the use of grant funds. A draft letter from the City to the Coastal Commission expressing our
concerns is attached for the consideration of the City Council (Staff is prepared to attend the
meeting). Should the result of any future negotiation not meet the approval of the City Council,
the City could decline to execute the grant contract, and return the award for allocation to other
agencies.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
PATRICIA L. TEMPLE
Planning Director
Attachments: V Draft letter to Coastal Commission
Excerpt from Coastal Commission staff report
City's LCP Grant Work Program
Local Coastal Program Grant
Page 4
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CITY OF NEWPORT BEACH
OFFICE OF THE MAYOR
(949) 644 -3004
Mayor
Dennis D. O'Neil
Mayor Pro Tem
Tom W. Thomson
Council Members
Garold B. Adams
Jan Debay
Norma J. Glover
John E. Noyes
Tod W. Ridgeway
Chairman Areias and Members
California Coastal Commission
45 Fremont Street, Suite 2000
San Francisco, CA 94105-2219
SUBJECT: City of Newport Beach LCP Grant Application
Dear Chairman Areias and Commission Members,
March 8, 1999
HAND DELIVERED
The City of Newport Beach would first like to thank you and your staff for the thoughtful
consideration given to our LCP Certification Grant Application. It is clear from your staffs
analysis that it was a great challenge balance the competing needs of the various communities
seeking funding assistance. We also recognize that the recommendation of $150,000 for the City
of Newport Beach is a large amount, and represents a significant portion of the overall funding
available. We understand that this is indicative of the interest the Coastal Commission has in the
certification of the Newport Beach Local Coastal Program.
We have carefully reviewed the recommendations of your staff in the targeted use of the funds
recommended. We have a number of comments and concerns, which we hope can be worked out
through additional discussion between our respective staffs. These are briefly discussed below.
We are disappointed that the staffs recommendation eliminates from our program, either
through specific deletion from the work program or by not providing funding, all of the
policy level work we feel is necessary to produce a Land Use Plan suitable for
implementation. Rather, they have recommended that the major portion of the funds be
targeted to implementation of a Land Use Plan which has not been reviewed from a broader
City Hall • 3300 Newport Boulevard • Newport Beach, California 92663 -3884 1
California Coastal Commission
Page 2.
policy basis since it was adopted in 1982. As a result, no funding is recommended for priority
projects of the City, including the Harbor Element, a Public Access Plan, a Transportation
Plan (including public transit), and a market feasibility analysis. We understand that full
funding of all these studies is not possible. at this time. However, we believe this focus on
simple implementation and certification of an outdated Land Use Plan is not a prudent course
of action for the Commission or the City, and therefore not a wise use of the certification
funds.
We request that the Commission, as part of its action, allow the Coastal staff some flexibility
to make modifications to the focused use of funds within the grant amount approved. This
would allow our staffs to meet and discuss the use of funds, and, hopefully, agree on a
program meeting the interests of both agencies.
2. The Coastal staffs recommendation appears to limit the City's flexibility in determining
whether to use in -house staff or outside contractors to complete the work program. Given that
the City's Planning Department is currently experiencing an extremely high workload, we
would like the grant conditions modified to provide the City some flexibility in this area, so
long as the funded portions of the work program are completed as required.
3. The grant funding recommendation only covers the first half of the program set forth in our
grant application. Although we did not submit the grant request as a multi -year request, the
staff recommendation, in effect, makes it one. Therefore, we would like some
acknowledgment of this fact, and an indication of funding priority for future year's grants.
The Newport Beach City Council fully understands that, if the City accepts this grant, we will
be making a commitment to completing certification of our LCP. Before making that
commitment, we need to be certain that the program will meet the needs of our City as well
as the Commission's goals, and that we will have the resources needed to fulfill our
commitment.
Once again, we wish to thank you and your staff for the positive consideration of our request for
funds. It is our hope that the concerns expressed in this letter can be addressed in the grant
conditions, enabling the City of Newport Beach to proceed with its certification effort.
Cordially,
Dennis D. O'Neil
MAYOR
9
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FY 1998 -99 Local Coastal Program Assistance Grant Program
March 10, 1999 Coastal Commission Meeting
Page 7
LCP components that outline a strategy for dealing with offers to dedicate public
access, polluted runoff and public parking inventory.
* *Staff recommends full grant award to County of Los Angeles - $112,500
3. Newport Beach $150,000
Proposal. Priority 1 Complete LCP
Total Project Cost $583,140 Amount Requested $407,135
Project Timeline: 18 months
Conditions of Approval., 1) Offers to Dedicate Public Access and 2) Polluted
Runoff LCP Component; 3) Modify Harbor Study
and Workplan; 4) Public Parking Inventory; and
5) Wetland Protection
1) Offers to Dedicate Public Access. Task 2 shall include a strategic plan within
the City's public access component to provide for acceptance of (13) thirteen �
outstanding offers to dedicate by either the City or other acceptable entity two years
from the date of certification of the City's LCP. The plan shall establish priorities and
a timeline for acceptance, construction (where applicable) and operation of said
easements.
2) Polluted Runoff LCP Component. Within Task 2 policies and implementation
measures that implement applicable management measures to identify, prevent and
control nonpoint source pollution shall be incorporated into the City's LCP.
3) Modify Harbor Study and Workplan. a) The Harbor Study shall include analysis
of the cumulative impacts on marine resources and public use of the harbor that
result from private boating facilities development; b) study related to Market
Feasibility Study shall not be funded; c) workplan tasks to be funded shall be revised
to include Tasks listed in the second and third quarters as modified by the grant
conditions.
4) Public Parking Inventory. Task 2 shall include a comprehensive inventory and
map of all public parking that includes both parking lots and public street parking.
The City shall also include a comprehensive review of parking standards for new
development.
5) Wetland Protection. Third quarter product identified as Draft Changes to LUP
and Development of Ordinances Tasks shall include the submittal of revised
Environmentally Sensitive Habitat Areas and Unique Coastal Resources Section and
shall include comprehensive wetland policies which include and discuss, at minimum,
the following:
• Section 30233 of the Coastal Act.
• Allowable uses and adequate buffers
• Wetlands definition and identification process
• Coordination with State and Federal Resources Agency
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FY 1998 -99 Local Coastal Program Assistance Grant Program
March 10, 1999 Coastal Commisslon Meeting
Page 8
The City of Newport Beach has had a certified LUP since 1982. The City's grant
application includes the following: a revise the LUP; access the viability of coastal
zone commercial districts; prepare and incorporate a harbor element into the City's
LUP; assess coastal access; and review the development standards provisions for
the existing categorical exclusion areas. Based on these listed objectives, the City's
workplan includes the following: preparing and circulating an RFP to select and retain
consultants; meeting with Coastal Commission staff; public outreach activities;
preparing harbor element, public access policies, transportation planning, market
feasibility analysis of commercial districts and parking management; drafting LUP
changes; developing implementation ordinances; preparing maps and exhibits;
preparing staff reports; conducting public hearings; submitting LCP to Coastal
Commission; various administrative activities; and final LCP certification.
As explained in the summary of the recommendation, the grant is award is subject to
conditions relating to preparation of LCP components that outline a strategy for
dealing with offers to dedicate public access, polluted runoff and public parking
inventory.
In addition, grant condition #3 specifies the need for the City to modify it workplan to
respond to the concerns with the harbor land use element and study and to reflect the
recommendation of reduced funds. The Commission has repeatedly expressed
concern with the cumulative impacts on marine resources and public use of the
harbor that result from private boating facilities development. As such, staff is
recommending that the City of Newport Beach address this issue in their study and
preparation of the Harbor Land Use Element. With respect to the reduction of
funding, staff is recommending that the City of Newport Beach modify their workplan
to perform all of the tasks listed in their Quarter 1 though 3 Budget with the exception
of the completion of the consultant reports. As modified, quarters 2 and 3 would be
funded a total of $135,775: completion of consultant reports would be reduced from
$265,000 to $62,965. Modified versions of the harbor, public access and parking
management reports should be prepared to reflect reduced funds and to address
issues listed in grant award conditions 1 through 4.
Finally, staff is recommending that the Commission require the City to revise its Land
Use Plan entitled Environmentally Sensitive Habitat Areas and Unique Coastal
Resources section in order to provide wetland protection. Wetlands are becoming
scarcer and the Commission has taken critical actions on the remaining wetland
complexes in Orange County, specifically Bolsa Chica (Huntington Beach) and
Hellman Ranch (Seal Beach). A portion of Newport Banning Ranch (55 acres) is
located within the City of Newport Beach and the remaining 357 acres from Orange
County. The City's LUP does not currently contain adequate wetlands protection
policy.
**Staff recommends partial grant award to Newport Beach $150,000
u
• CITY OF NEWPORT BEACH
LOCAL COASTAL PROGRAM
LOCAL IMPLEMENTATION PROGRAM
WORK PROGRAM
JANUARY, 1999
Goal:
To complete the Local Implementation Program to achieve certification of a Local Coastal
Program for the City of Newport Beach, resulting in the transfer of coastal permit authority to
the City.
Objectives:
➢ To complete the program to certify the City of Newport Beach Local Coastal Program in a
way which coordinates with ongoing planning activities in the Newport Beach Coastal Zone.
➢ To revise and re- certify the 1990 Newport Beach Local Coastal Program, Land Use Plan to
reflect and incorporate recent planning activities in the Newport Beach Coastal Zone,
including the Central Balboa Specific Plan and the Balboa Peninsula Revitalization Program.
➢ To assess the various coastal zone commercial districts to identify the unique roles of each
district in its provision of services to coastal visitors and residents alike, and to consider
adjustments to commercial district size and preferred land uses, including marine incentive
use provisions, to promote the viability of each district.
D To incorporate into the Land Use Plan a Harbor Element (which may also be adopted as a
General Plan Element). The purpose of this element is to comprehensively address issues,
objectives, policies and regulations related to utilization of the harbor area. This element will
identify how the use of the harbor is integrated with and supports public access, public
commercial use, short and long -term water quality, and the provision of public services in the
harbor area.
➢ To comprehensively assess the provision of coastal access, including physical access from
both land and water, visual access to coastal resources, transportation planning (including
public transit), and the provision of services to visitors. This objective is intended to provide
the factual and policy basis to allow for certification of all areas of the Coastal Zone in
Newport Beach, including those residential areas where direct physical access from land to
water is not feasible due to existing subdivision patterns.
➢ To review the development standards provisions of the existing Categorical Exclusion (E -77-
5) for residential areas for possible adjustment prior to re- instatement.
! Newport Beach Local Implementation Program
Grant Application
January 29, 1999
Page 1.
t � ,,MIA
To develop administrative permit procedures for existing categorical exclusion areas which
are not eligible for reinstatement as exclusion areas.
Anticipated Time - frame:
Given the significant size of the program, and the need to coordinate coastal plan implementation
activities with other studies and planning programs being undertaken, 18 months is required to
complete the work outlined in this grant application.
Approach:
The City believes the most effective and efficient way to accomplish certification of its Local
Coastal Program is through a combined use of consultants and City staff. Generally, it is
anticipated that topic specific planning would be done by consultants, while ordinance
preparation, public outreach, and coordination with Coastal Commission staff and other agencies
should be done by City staff. While specific consultants have not yet bean identified, the
particular work areas where such assistance is needed are:
➢ Harbor Element
➢ Public Access Policies and Plan
➢ Transportation Planning, including land and water based public transportation
➢ Market Feasibility Analysis of coastal commercial districts
➢ Parking Management
Work areas to be completed by City staff are:
Project management and coordination with other agencies
➢ Clerical services and support
➢ Public outreach
➢ Preparation of changes to LCP, Land Use Plan
➢ Preparation of Ordinances, including overlay districts, administrative and permit procedures,
revised commercial district designations, and physical and visual access requirements
Preparation of revised LCP Maps in GIS format
➢ Staff reports and public hearings, Coastal Commission processing
Implementation strategies for public transit and parking management
Work Program:
With the exception of Parking Management, consultants will need to be retained for the special
topic studies.
A. The Harbor Element will require assembling and assessing the various regulatory
mechanisms the City uses in the harbor and beach areas. These are currently found in
Newport Beach Local Implementation Program
Grant Application
January 29,1999
Page 2.
I�
various places of the City's General Plan, LCP Land Use Plan, Municipal Code and
Council Policy. Additionally, a wide variety of City departments have regulatory
responsibilities, including Planning, Building, Public Works, Fire & Marine and
Administrative Services. There is currently little coordination of policy or regulatory
activities. The scope of this project is to compile and review all relevant policy and
regulatory components in this area, review for internal consistency, identify policy and
regulatory gaps, and prepare a Harbor Element. Preparation of this element will require
significant coordination with other agencies, including the U.S. Coast Guard, the County
Sheriff (Harbor Patrol), and the Regional Water Quality Control Board. The City Council
has already appointed a citizens committee to assist in the preparation of this element.
Key areas requiring significant study are the level of commercial utilization of the harbor
areas by private entities, the interface of harbor uses with upland activities, the effects of
commercial activities on water quality, an assessment of what commercial uses are
appropriate within the harbor, strategies to preserve and improve the environmental
quality of the harbor, and the provision of public conveniences such as waste disposal,
rest rooms and pump -out facilities. The anticipated cost of this component is $80,000.
B. The Public Access Policies and Plan will be a later part of the program, with a goal of
coordinating the public access strategy between upland land use regulation and the
programs and policies of the Harbor Element. It will include a complete inventory of
public access opportunities in the City. This component will also include an evaluation of
where public access should be managed to preserve unique environmental resources, such
as the Upper Newport Bay Ecological Reserve, the off -shore Marine Life Refuge, and
bay or ocean beaches of a sensitive nature. The anticipated cost of this component is
$50,000.
C. The Transportation Planning component will be conducted integrally with a
comprehensive, City -wide transportation analysis. Short, mid and long -range circulation
system capacity analysis will be conducted using the City's Transportation Analysis
Model for all areas of the City, including the coastal zone. Recommendations for
transportation improvements will be made, including those necessary to facilitate
vehicular access in the Coastal Zone. Specific analysis and proposals will be requested on
opportunities for land and water based public transit in the coastal area. The anticipated
cost of this component is $150,000, with $75,000 attributable to the coastal transportation
and circulation issues.
D. The Market Feasibility Analysis component will assist the City and the Coastal
Commission to understand the unique roles the many geographically diffuse commercial
districts in the Newport Beach Coastal Zone play in serving visitors. Currently, most
coastal zone business districts are experiencing deterioration stemming from high
vacancy rates and seasonal uses. This deterioration makes the coastal commercial areas
less attractive for use by visitors and residents alike. If these areas could become more
focused in terns of viable uses and sustainable size, improvement to visitor services
could be achieved. This study would assist in refining the Land Use Plan. ($60,000)
Newport Beach Local Implementation Program
Grant Application
January 29. 1999
Page 3.
E. The Parking Management Program is nearly complete as part of the Balboa Peninsula
Revitalization Program. The City has committed $117,290 for consultant services to
complete this study, with additional costs for internal staffing associated with the project.
The work program of City staff is outlined below:
A. Project Management and Coordination: Under the general oversight of the Assistant City
Manager (4 hours per month - $6,225), the Planning Director will provide overall project
management for the LCP Certification program. This includes management of
consultants and staff, and coordination with Coastal Commission staff and other
agencies. 10% of the Director's time will be allocated to the management of this project
for the duration of the program. ($21,875) The Transportation and Development Services
Manager will manage the transportation planning effort. ($11,250) The Fire & Marine
Chief and the Deputy Chief for Marine Environmental Management will manage the
Harbor Element project with the assistance of the Planning Director. ($1,500)
B. Clerical service and support: Clerical support for this program will require 15% of one
secretarial position for the duration of the program. ($11,000)
C. Public Outreach: Public outreach, including citizen steering committees and community
meetings, will be the joint responsibility of the Assistant City Manager and the Planning
Director. An average of 24 hours per month per position for a nine month period is
required for this activity. ($33,900) Additionally, the Fire & Marine Chief and Deputy
Chief for Marine Environmental Management will staff the steering committee for the
Harbor Element at 6 hours per month each, for a period of 9 months. ($9,100)
D. Preparation of Changes to LCP, Land Use Plan: All LUP changes will be prepared by a
Senior Planner in the Planning Department. This activity will require 25% of the Senior
Planner's time for a period of 6 months. ($12,600)
E. Categorical Exclusion provisions: Research and recommendations on potential changes
to the residential development standards related to the categorical exclusions areas will
require 80 Senior Planner hours, working with a study group already established by the
Planning Commission to review residential development standards in Corona del Mar.
($3,900).
F. Preparation of Ordinances: All ordinances will be prepared by a Senior Planner in the
Planning Department. This activity will require 20% of the Senior Planner's time for the
2nd and 3rd quarter, with an increase to 75% during the 4th quarter of the project.
($29,000)
G. Preparation of Maps and Exhibits: All maps and exhibits will be prepared by an
Associate Planner in the Planning Department. This activity will require 3 months of
concentrated effort once all mapping requirements are identified. ($22,500)
Newport Beach Local Implementation Program
Grant Application
January 29. 1999
Page 4. 4
1
H. Implementation strategies: A strategy for implementation of public transit, public access
and parking management programs is required. These strategies will include capital
. improvement requirements and identification of grant funding sources. In the area of
public transit, the City would need to identify and successfully compete for Coastal
Access Grants, Coastal Conservancy Grants, AQMD Grants (electric vehicles), and any
other funds available from County, State or Federal programs. Public access
implementation would include acquiring or improving easements, improvements to
public docks, providing dinghy storage and launching areas, etc. Parking management
implementation could include meter changes, shared use parking areas, establishment of
bus layover areas, parking for commercial marinas, special enforcement programs, etc.
Staff responsible for the development of implementation strategies are the City Engineer,
the Deputy Chief for Marine Environmental Management, the Transportation and
Development Services Manager, the Assistant City Manager and the Planning Director.
($10,000)
I. Staff reports and hearings, Coastal Commission processing: The formal review process
will be the responsibility of the Senior Planner (equivalent of 6 weeks) and Planning
Director (equivalent of 4 weeks). Additional staffing requirements can also be anticipated
for the City Manager, Assistant City Manager, Assistant to the City Manager, City
Attorney, City Clerk, Fire and Marine Chief, and Public Works Director (estimated at 10
miscellaneous hours per person). ($28,000)
Based upon this work program and the cost estimates above, the total cost of this certification
. program is $583,140, of which the City has already committed to fund $117,290 (Parking
Management Plan) through other City resources.
Key milestones:
151 Quarter, April through June, 1999
➢ Circulate RFPs, select and retain consultants
D Initial staff meeting with Coastal Commission staff to identify key issues and develop
implementation format
2nd and 3rd Ouarters. Julv through December. 1999
D Initial public outreach activities
➢ Coordination with other agencies
Meetings with steering committees
D Completion of consultant reports
➢ Draft changes to Land Use Plan
Development of initial formats for ordinances
4th Quarter, January through March, 2000
➢ Preparation of implementation ordinances
➢ Preparation of maps and exhibits
➢ Preparation of implementation strategies for parking management and public transit
0 Newport Beach Local Implementation Program
Grant Application
January 29, 1999
Page 5.
�b
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Public outreach
5`h Quarter, April through June, 2000
➢ Preparation of staff reports and public hearings before Planning Commission and City
Council
6`h Quarter, July through September, 2000
Submittal to Coastal Commission for staff report and hearing
Follow -up changes to implementation program and final certification
0
Newport Beach Local Implementation Program
Grant Application
January 29. 1999
Page 6.
Budget
I" Quarter. April through June. 1999
➢ Prepare and circulate RFPs, select and retain consultants $10,325
➢ Meeting with Coastal Commission staff $800
➢ Develop implementation format $3.100
TOTAL I" QUARTER: $14,225
2nd and 3rd Ouarters. Julv through December. 1999
➢ Public outreach activities (includes Cat. Ex. Work) $31,680
➢ Completion of consultant reports $265,000
➢ Draft changes to Land Use Plan $12,600
➢ Development of initial formats for ordinances $8,200
➢ Administrative activities $20.330
TOTAL 2nd and 3rd QUARTERS: $337,810
4th Ouarter. January through March. 2000
➢ Preparation of implementation ordinances $20,800
➢ Preparation of maps and exhibits $22,500
➢ Preparation of implementation strategies $10,000
➢ Public outreach $14,355
➢ Administrative activities $9.080
TOTAL 4th QUARTER: $76,735
5th Quarter. April through June, 2000
➢ Preparation of staff reports and public hearings $22,000
➢ Administrative activities $9.080
TOTAL 5th QUARTER: $31,080
6'h Ouarter, July through September, 2000
➢ Submittal to Coastal Commission for staff report and hearing $4,000
➢ Follow -up changes to implementation program and final certification $2,000
TOTAL 6'h QUARTER: $6,000
Local Matching Funds:
Local matching funds are proposed to be comprised of the following:
➢ Funding of parking management study $117,290
➢ Funding of 1"Quarter work program $14,225
➢ Funding of 6th Quarter work program $6,000
➢ Funding of administrative activities $38.490
TOTAL MATCHING FUNDS: $176,005 (30 %)
TOTAL GRANT REQUEST: $407,135 (70 %)
Newport Beach Local Implementation Program
Gram Application
January 29,1999
Page 7.
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