HomeMy WebLinkAbout01 - 11-14-2000City Council Meeting
November 28, 2000
Agenda Item ll 1
CITY OF NEWPORT BEACH
City Council Minutes DRAFT
Study Session
November 14, 2000 - 5:15 p.m. INDEX
ROLL CALL
Present: Thomson, Glover, Ridgeway, Debay, Mayor Noyes
Absent: O'Neil, Adams (excused)
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None.
ENFORCEMENT OF TREE ORDINANCE.
City Manager Bludau stated that the item is on the agenda at the request of
Council Member Glover. He stated that the issues include how the City will
take enforcement actions, what policies will be used and what procedures
will take place when someone cuts down a City tree on City property. He
stated that the Deputy City Attorney would go over the process and the
problems involved.
Deputy City Attorney Ohl stated that the staff report covers how the City
determines which trees are City trees and how the City meets with an
individual who cuts down such a tree. He stated that an evaluation report,
prepared by General Services, and other issues that might be involved are
looked at by the City Attorney's office, and that all of this is taken into
account when trying to determine a resolution of the matter. Deputy City
Attorney Ohl added that no cases have been submitted to the District
Attorney's office for criminal prosecution, and that it would be unlikely that
they would pursue them anyway.
Deputy City Attorney Ohl stated that two matters, in the past, were taken to
court, and the judges ruled that the City would only be entitled to the cost to
replant the trees. He stated that this has become the basis for how the City
has operated. He stated that the staff recommendations include that the
City continue with the civil enforcement, get input from the City Council on
the level of reimbursement to seek, pursue court action if the compensation
is not received and pursue District Attorney involvement for more extreme
cases.
Council Member Glover asked what the City's action is if an individual
destroys other City property, such as a restroom at the beach. Deputy City
Attorney Ohl stated that they are probably arrested and the District
Attorney is involved. City Attorney Burnham confirmed for Council Member
Glover that the District Attorney's office would most likely be involved, as it
is the entity that would make the decision to file any charges. Council
Member Glover further confirmed that the individuals are being arrested
because they have destroyed City property.
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Enforcement
Tree Ordinance
(62)
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Study Session Minutes
November 14, 2000
INDEX
City Manager Bludau asked if the value of the property is taken into
consideration. City Attorney Burnham stated that it could be a factor in the
District Attorney's determination whether to proceed with the charges or
not. Police Captain Henisey stated that there are two elements to the crime
of vandalism, which include the intent to cause the damages and the actual
damages themselves. He stated that $5,000, or more, worth of damages
makes the crime a felony instead of a misdemeanor. He added that the key
issue to the District Attorney is if criminal intent can be established.
Council Member Glover stated that the staff report includes a
recommendation to educate the public about City -owned trees. She stated
her agreement to such an approach and asked if this would give the City a
greater chance of having the District Attorney involved in cases of illegal
tree removal. She asked about the difference in value between destroying a
City tree or a City restroom. Captain Henisey stated his belief that the
District Attorney would probably not find criminal intent, in most cases, if
the individual stated that they didn't know that the tree was City property.
Council Member Glover stated that individuals in her district have hired
non - English speaking workers to cut down City trees and nothing can be
done about it until after the tree has been removed. She suggested that the
District Attorney be educated on the fact that destruction of a City tree is
destruction of City property.
Additionally, Council Member Glover stated her support for educating the
public and her belief that it would put the City in a better position, since
individuals would have greater difficulty pleading innocence. She also
suggested that the Daily Pilot be used in the education process. Council
Member Glover stated that she does believe that many individuals are not
aware that they may have cut down a City tree. She expressed her support
for saving the older trees in the City.
Mayor Noyes asked about the tree inventory that was planned for Newport
Heights. General Services Director Niederhaus stated that a complete
inventory of City trees was completed the prior year, and included a total of
30,000 trees. Additionally, Mayor Noyes asked about the fines that were
discussed previously for illegal removal of City trees. City Attorney
Burnham stated that once an individual has made a threat to remove a City
tree and has subsequently been noticed by the City, it makes it easier for the
City to pursue the maximum fine. General Services Director Niederhaus
added that the notice to the individuals includes the authority and the
penalty for removing a City tree without appropriate approvals.
Council Member Glover stated that the Parks, Beaches & Recreation
Commission has done a good job at keeping trees from being removed.
Deputy City Attorney Ohl confirmed that his office works with the General
Services Department in meeting with the individuals that have illegally
removed trees. He stated that it is going better and there appears to be
more cooperation in seeking a fair reimbursement.
Council Member Ridgeway asked how the City would pursue a small claims
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Study Session Minutes
November 14, 2000
11017�►7
action. Deputy City Attorney Ohl stated that staff would handle the matter,
and specifically, the City Attorney's office would prepare the documentation
and General Services staff, usually Urban Forester Conway, would present it
to the judge.
Council Member Ridgeway additionally commented on vandalism cases. He
stated that they are generally malicious in nature, while tree removals are
not. He added that District Attorneys are extremely reluctant to file
anything in the criminal courts that does not include maliciousness. He
stated his support for the recommendations in the staff report.
Council Member Ridgeway asked for the General Services Director to briefly
report on the City's urban forest numbers ten years prior, five years prior,
today and where he thinks it's going in the future. General Services Director
Niederhaus stated that there were approximately 15,000 City trees ten years
prior. He added that the City is the only city in the County that has applied
for, and received, a grant for approximately $60,000 to aid in the replanting
of trees. He stated that, additionally, the City has done several other things
and has a contract to have City trees trimmed for $39 each. He pointed out
that the City's tree population is aging, which adds to the cost of maintaining
the trees. General Services Director Niederhaus concluded by stating that
he expects the City's urban forest to continue to grow, but not as quickly as it
has in recent years. Council Member Ridgeway confirmed that it would cost
approximately $38,000 to trim back the palm trees on Marguerite Avenue.
He encouraged that this be done. Additionally, he confirmed that the City's
urban forest inventory only includes trees on public property.
Council Member Ridgeway mentioned the new trees at the corner of
Farallon Drive and Newport Center Drive. General Services Director
Niederhaus stated that the trees that ring around Fashion Island are a part
of the City's inventory, but are maintained by The Irvine Company. He
added that there are requirements on new development in regards to
parkway trees. He stated that tree management in the City has become
tighter over the prior year and will help to make the urban forest grow.
Council Member Ridgeway confirmed with General Services Director
Niederhaus that the pine trees at One Ford Road are on private property
behind the curb line. He additionally confirmed that the City does not have
an inventory or count of the trees on private property in the City. General
Services Director Niederhaus guessed that it would be an additional 30,000
trees. Council Member Ridgeway stated that the City's public trees and
private trees combine for a nice appearance in the City.
Council Member Debay asked if a communications specialist was going to be
used as a part of the education process. City Manager Bludau stated that
the City Council did not approve a new full-time communications specialist
position, so the City contracted with the Gladstone Company. He stated that
they were only used for the new refuse container requirements, and that
staff was not satisfied with the results or cost. He stated that a new
recommendation would be brought to the City Council at a future meeting.
Council Member Debay suggested that possibly the new position could be
used for the tree education also.
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Study Session Minutes
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City Manager Bludau asked if the inventory included the age of the trees.
General Services Director Niederhaus stated that the value of the trees is
included in the inventory. He stated that the evaluation given to the City
Attorney's office includes the age, size, species and condition, which are used
to formulate the value of the trees for reimbursement purposes. General
Services Director Niederhaus added that the value of the City's urban forest
is approximately $63 million, with trees being valued anywhere between
$200 and $20,000.
Mayor Noyes complimented the tree trimming that is currently being done
in the City.
In response to Council Member Glover's question, General Services Director
Niederhaus stated that he hopes to have a report to the Parks, Beaches &
Recreation Commission at their December meeting regarding the status of a
new grant that the City has applied for. He stated that it does look
favorable.
City Attorney Burnham stated that he understands that the City Council
wants staff to pursue voluntary reimbursement where appropriate and also
an education program, but asked for City Council direction on the pursuance
of criminal filings when the City feels that it can establish criminal intent.
Captain Henisey added that there may be circumstances when malicious
intent should be dealt with and he does feel that the Police Department
could put together a case. He stated that once the District Attorney is
involved, it is the District Attorney who decides on the reimbursement and,
additionally, a portion of it would go to the State. He stated that this should
be taken into consideration.
Council Member Glover confirmed with Captain Henisey that there are
situations where documentation can be produced to show intent and
maliciousness.
Mayor Noyes received general agreement from the City Council that they
agreed with the five recommendations in the staff report.
Council Member Ridgeway reminded everyone that the ultimate goal is to
receive 100% reimbursement for the planting of a specimen tree.
Mayor Noyes agreed with Council Member Glover's concerns about the
destruction of trees.
PUBLIC COMMENTS
Council Member Debay stated that a recently passed proposition on the bal
involved not sending nonviolent narcotic violators to jail. She pointed c
that the Peninsula and some older parts of town have a number of grc
homes, and she wondered how this proposition would affect the City. Cour
Member Debay suggested that staff study the issue, so that the City
prepared to deal with any problems that might arise.
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Study Session Minutes
November 14, 2000
Council Member Ridgeway stated that in the 1970'x, there was a program
called CRC, California Rehabilitation Center, which took qualified drug
addicts and put them into a jail setting for rehabilitation. He added that he
felt that the new proposition would involve a jail setting also and not rely on
the use of group homes.
ADJOURNMENT - 5:50 p.m
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The agenda for the Study Session was posted on November 8, 2000, at
5:50 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
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INDEX
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting R /1 Fr
November 14, 2000 - 7:00 p.m I� INDEX
STUDY SESSION — 5:15 p.m. [Refer to separate minutes]
CLOSED SESSION — 5:50 p.m.
CLOSED SESSION REPORT PRESENTED — None.
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Absent: None
Pledge of Allegiance - Council Member Thomson.
Invocation by Dr. Richard Todd, Saint Andrews Presbyterian Church.
Proclamation declaring December 13, 2000 as "Automobile Club of
Southern California Day".
Proclamation awarding special recognition to Sergeant James Kaminsky,
Officer Michael Pule, and the members of the Newport Beach Police
Department for their outstanding community policing efforts while
improving conditions in and around Talbert Park. Continued to the
November 28, 2000 Council meeting.
Proclamation recognizing Leah Robertson for her accomplishments and
selection as the "C" Junior Lifeguard of the Year 2000, for the State of
California, from the City of Newport Beach, and the Newport Beach Fire
Department.
Proclamation declaring December 2, 2000 as "Aaron Peirsol Day".
Presentation of books in celebration of Children's Book Week.
Mayor Noyes announced that the County Board of Supervisors will be placing the
beginning process for extending the John Wayne Airport (JWA) Settlement
Agreement on their November 21, 2000 agenda. He reported that Supervisor Tom
Wilson brought this forward and that the agreement would extend the current
restrictions for an additional 20 years, expiring December 31, 2025. He expressed
his thanks to the City Council for its diligence and indicated that they adopted a
resolution to ask for this to happen. Council Member Glover added that they have
been working on this for quite a while and reported that she met with the
Supervisors, along with Mayor Noyes and Council Member O'Neil, about beginning
the Environmental Impact Report and to explain what the City is trying to achieve.
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City Council Minutes
November 14, 2000
Council Member Glover stated that she has been the Chair of the Aviation
Committee for 3 or 4 years and that the Committee is supportive of the extension
and the El Toro efforts. Mayor Noyes added that they have also met with the City's
neighbors to the south and with officials from ETRPA (El Toro Re -Use Planning
Authority). He indicated that they will not oppose the City's request for the
extension and that Supervisor Wilson has consistently opposed an airport at El Toro
and a JWA expansion. Council Member O'Neil stated that he is proud of Council
since everyone has had a role in initiating this process and since they all believe that
the extension is extremely important to the City's quality of life. Mayor Noyes
announced that any questions can be directed to the City Attorney's office
(644- 3131).
CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM):
With the passage of the Greenlight initiative, Council Member Ridgeway
requested that staff bring back a report regarding the guidelines for
implementation and composition of an ad hoc committee at the November 28
Council meeting. Following discussion, it was the consensus of Council to
bring back a report at the next meeting for discussion and then have the new
City Council hear the issue again at the December 12 meeting. A decision
regarding the composition of the ad hoc committee and how they will be
appointed can be made at that time, and the committee appointments can
take place during the remainder of the year so the members could be seated
for the new year along with the other commissions and committees.
Mayor Pro Tem Adams announced that the City has a committee that is
formulating an approach for a General Plan Update. He stated that they
meet the Mondays before Council meetings at 4:00 p.m. at the Central
Library and that their next meeting is November 27. He welcomed anyone
who is interested in that process to attend the meetings.
Council Member Thomson congratulated the three new Council Member -
elects Gary Proctor (District 2), Steve Bromberg (District 5), and John
Heffernan (District 7).
CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF OCTOBER 24, 2000. Waive reading of subject minutes,
approve as written and order filed.
INDEX
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.
RESOLUTIONS FOR ADOPTION
3. EXTENSION OF AD HOC OIL AND GAS COMMITTEE. Adopt Res 2000 -91
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City Council Minutes
November 14, 2000
INDEX
Volume 53 - Page 677
Resolution No. 2000 -91 extending the tenure of the Ad Hoc Oil and Gas
Ad Hoc Oil and
Committee for two years.
Gas Committee (24)
4.
RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT
Res 2000 -92
DISTRICT 2000 ANNUAL REPORT AND DISTRICT RENEWAL.
Restaurant
1) Approve Restaurant Association Business Improvement District 2000
Association BID
Annual Report; and 2) adopt Resolution of Intention No. 2000 -92 to levy and
(27)
set the public hearing for December 12, 2000.
5.
Removed at the request of an audience member.
6.
INCREASE IN ZONING PLAN CHECK STAFF AND CHARGES FOR
BA -015
PLAN CHECK SERVICES. 1) Approve Budget Amendment (BA -015) to
Ord 2000 -24
increase Salaries and Benefits in Division 2710 (Planning) by $32,760 and
Res 2000 -94
Capital Outlay by $5,000; 2) introduce Ordinance No. 2000 -24 approving an
Zoning Plan
amendment to Chapter 3.36 of the NBMC pertaining to the recovery of costs
Check Staff &
for Title 20 Plan- Check; and 3) adopt Resolution No. 2000 -94 amending the
Plan Check
City's Fee Schedule as it relates to Title 20 Plan Check.
Charges (40/66)
7.
MODIFICATIONS CITY ATTORNEY CONTRACT. Adopt Resolution
C- 3003/Res 2000 -95
No. 2000 -95 adjusting the compensation paid to the City Attorney.
City Attorney (38)
8.
ORDINANCE NO. 2000 -25 AMENDING CHAPTER 12.66 - PRIVATE
Ord 2000 -25
ROADS, OF THE NEWPORT BEACH MUNICIPAL CODE. Introduce
Private Roads/
Ordinance No. 2000 -25 amending Chapter 12.66 of the Newport Beach
Baypointe
Municipal Code to apply provisions of the California Vehicle Code to private
Apartments
roads in the Baypointe Apartments Development and updating sections of
(85)
Chapter 12.66; and pass to second reading on November 28, 2000.
ORDINANCES FOR ADOPTION
9.
MODIFICATION TO ADULT ENTERTAINMENT ORDINANCE. Adopt
Ord 2000 -21 /Adult
Ordinance No. 2000 -21.
Entertainment (27)
10.
BALBOA PENINSULA SIGN REGULATIONS. Adopt Ordinance
Ord 2000 -22
No. 2000.22 approving Amendment 907.
PCA 907 (94)
CONTRACTS AND AGREEMENTS
11.
PROFESSIONAL SERVICES AGREEMENT FOR APPRAISAL OF
C -3388
HARBOR USES WITH GEORGE HAMILTON JONES, INC. Approve a
Appraisal of
professional service agreement with George Hamilton Jones, Inc. of Newport
Harbor Uses
Beach for $55,000.
(38)
12.
Removed at the request of an audience member.
13.
TRANSPORTATION CONGESTION RELIEF FUND (AB2928) -
BA -012
ACCEPTANCE OF FUNDS. 1) Approve acceptance of AB2928
AB2928
Transportation Congestion Relief Funding in the amount of $539,054 from
Transportation
the State of California; and 2) approve a budget amendment (BA -012) to
Congestion
increase revenue estimates by $539,054 for Traffic Congestion revenues into
Relief Fund
Account No. 190 -4807 and $15,000 for anticipated additional interest
(40/85)
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City Council Minutes
November 14, 2000
earnings into Account No. 190 -5400.
14. Removed at the request of Council Member Debay.
15. Removed at the request of Council Member Glover.
MISCELLANEOUS ACTIONS
16. PLANNING COMMISSION AGENDA FOR NOVEMBER 9, 2000.
Receive and file.
17. Removed at the request of Mayor Pro Tern Adams.
18. REPLACEMENT OF TRAINING COMPUTERS. 1) Approve the
replacement of ten (10) training computers; 2) approve an increase to the
MIS budget ceiling of $5,000; and 3) approve budget amendment (BA -011) in
the amount of $20,000.
19. Removed at the request of Council Member Ridgeway.
Motion by Mavor Pro Tern Adams to approve the Consent Calendar,
except for those items removed (5, 12, 14, 15, 17, and 19).
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
ITEMS REMOVED FROM THE CONSENT CALENDAR
5. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT 2000
ANNUAL REPORT, DISTRICT RENEWAL, AND INTRODUCTION OF
AN ORDINANCE TO 1) MODIFY THE BOUNDARIES OF THE
ASSESSMENT DISTRICT; AND 2) RENAME THE ASSESSMENT
DISTRICT.
1.1017 �►7
Jim Hildreth, 120 The Grand Canal, expressed the opinion that it looks like
the City intends to raise revenue for these businesses but believed they are
not working in the businesses' best interest. He stated that privatizing trash
pick -up for the businesses has already hindered them quite a bit and added
that he would like to see businesses remain on Marine Avenue. Noting that
realtors generate a lot of revenue to the City, he wondered if the City is
trying to "bite the hand that feeds them" by asking them to pay more in fees.
Motion by Council Member O'Neil to 1) approve Marine Avenue
Business Improvement District 2000 Annual Report; 2) adopt Resolution of
Intention No. 2000 -93 to levy; 3) introduce Ordinance No. 2000 -23 to modify
the Assessment District boundaries, to rename the Assessment District, and
confirm Intention to Levy; and 4) set a public hearing on the ordinance and
renewal of the District for December 12, 2000.
Volume 53 - Page 678
Planning
(68)
BA -011
Training
Computers
(40)
Ord 2000 -23
Res 2000 -93
Marine Avenue
BID /Assessment
District
(27/89)
City of Newport Beach
City Council Minutes
November 14, 2000
12.
14.
The motion carried by the following roll call voto:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
BAYSIDE DRIVE PARKWAY IMPROVEMENTS (C -3320)
COMPLETION AND ACCEPTANCE.
Jim Hildreth, 120 The Grand Canal, stated that he would like to see
something that guarantees their work and would also like to see them
maintain their work to ensure that their sprinkler system works for a
certain amount of time. City Manager Bludau noted that the Faithful
Performance Bond, that is to be released one year after Council accepts the
project, covers the concerns mentioned by Mr. Hildreth.
Motion by Mayor Pro Tom Adams to 1) accept the work; 2) authorize the
City Clerk to file a Notice of Completion; 3) authorize the City Clerk to
release the Labor and Materials bond 35 days after the Notice of Completion
has been recorded in accordance with applicable portions of the Civil Code;
and 4) release the Faithful Performance Bond one year after Council
acceptance.
The motion carried by the following roll call vote
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
WEST NEWPORT SOUND WALL TRANSPARENT PANEL
REPLACEMENT -AWARD OF CONTRACT (C- 3358).
Council Member Debay reported that the West Newport sound wall panels
have gotten very opaque after 11 years. She thanked staff for bringing this
forward while she was still on Council; however, pointed out that the budget
only allows for the replacement of 2/3 of the panel and asked if there was a
way to fund the full replacement. City Manager Bludau indicated that they
could find the funding if that is what Council wants to do. Council Member
Debay indicated that the additional funding would total $63,000.
Public Works Director Webb stated that, since the request would change the
main quantity by over 25 %, the bidding parties are not required to hold to
their price and could ask for a change. Further, some of the other bidders
may believe they could have given the City a better price if they were able to
do the project. He indicated that he thinks the project may need to be rebid
and stated that this would probably be awarded at the first meeting in
January.
City Attorney Burnham stated that they understand Council's desire and
will try to work with the contractor to achieve this objective. Mr. Webb
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1.1017 �►7
C -3320
Bayside Drive
Parkway
Improvements
(38)
C -3358
West Newport
Sound Wall
Transparent
Panel Replacement
(38/40)
City of Newport Beach
City Council Minutes
November 14, 2000
added that the price may be less than $60,000. He indicated that the Uity
may be able to do the change if Council modified the recommendation by
authorizing a larger budget amendment and awarding the contract with
direction to negotiate a change order to install additional panels to complete
the project. If this cannot be done, staff will bring this back to Council for
further direction.
Motion by Council Member DebaY to 1) approve the plans and
specifications; 2) authorize an $80,000 appropriation from the Gas Tax Fund
to Account No. 7181- C5100563 (BA -013); 3) award the contract to A & M
Construction with the direction that staff negotiate a change order to install
additional panels to complete the project and authorized the Mayor and the
City Clerk to execute the amended contract.
Jim Hildreth, 120 The Grand Canal, suggested trying some of the television
miracle products that claim they clear lenses.
The motion carried by the following roll call vote
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
15. AGREEMENT WITH SUTHERLAND TALLA HOSPITALITY TO
DEVELOP PROJECT DESCRIPTION, PROCESS DEVELOPMENT
PLAN, AND NEGOTIATE GROUND LEASE FOR MARINAPARK.
In response to Council Member Glover's questions, Assistant City Manager
Wood stated that the agreement is one step in the process and is in response
to Council direction in August to prepare an agreement with Sutherland
Talla to set the three year time period in which the City would work
exclusively with them to develop a potential project for the site and to set the
responsibilities for that time period. She pointed out that the agreement is
not approving any kind of development or project and is not giving
Sutherland Talla any guarantees that anything would be approved in the
future. She emphasized that lease negotiations would begin only if a project
is to be approved and pointed out that the City retains its full authority to
approve, modify, or deny the project.
"Skipper Tim" Bercovitz, 1240 "D" Balboa Boulevard, stated that he is a
member of the Executive Board of American Legion Newport Harbor Post
291, and the Commodore of the American Legion Yacht Club. He requested
that this item be continued until the next meeting since they were never
notified that their interests were the subject of a vote tonight. He read the
title from the agenda and noted that it does not even mention the Legion.
He added that the map attached to the agreement erroneously describes the
property which is occupied by the Legion as Marinapark, pointing out that
they are only contiguous to the Marinapark Mobile Homes but are a
completely different entity.
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IN 11
C -3389
Marinapark
(38/73)
City of Newport Beach
City Council Minutes
November 14, 2000
`l10111
Mr. Bercovitz emphasized that the staff report states that Council
encouraged Sutherland Talla to work with the Legion and stated that the
concerns of the Legion should be specifically addressed in the agreement. He
indicated that they only became aware of the report today and asked if the
Legion can be placed on a mailing list so they can be notified of future
reports.
City Attorney Burnham stated that the agreement establishes a process that
gives Council sole and exclusive authority to determine what project would
be considered for the Marinapark parcel. He indicated that he believes that
Mr. Sutherland fully understands Council's direction regarding resolving
issues with the Legion and noted that he told Council that the City does not
have the legal authority to delegate the responsibility for zoning, planning,
and project description decisions on City property to a third party. He stated
that the agreement also establishes a process in which a draft project
description is required to undergo at least one community forum sponsored
by the City that includes Mr. Sutherland and all other interested parties.
Mr. Burnham apologized for not sending a copy of the staff report to the
American Legion as they are on the mailing list.
Steven Sutherland, Sutherland Talla Hospitality, stated that he has had a
number of meetings over the past two years with Legion officials, including
current Commander Dennis Lahey. He indicated that he spoke with
Mr. Lahey 10 days ago and tried to arrange a meeting with him and other
Legion officials for last Friday, but it did not happen. He stated that he also
spoke to Mr. Lahey today who told him he would not be attending tonight's
meeting but agreed to arrange future meetings where they will continue
discussions about the proposal, including the proposal for a new Legion
facility that would be built and paid for by his company. He reported that
the proposed Legion would still be on the waterfront and would allow them
to maintain their yacht club and continue the festivities they have been
putting on for the community. He stated that the agreement is the first step
of many that started two years ago and expressed hope that it will be
approved tonight. He pointed out that the City put out a Request for
Proposal (RFP) for this property in November 1999, eight proposals were
submitted and reviewed, further information was requested and supplied,
and Council determined that only Sutherland Tells's proposal was complete.
Mr. Sutherland reiterated that the approved agreement would be the first of
many steps, adding that there would be many months of work involved in
order to put together the resort project, including generating the site
sections, all floor plans, elevations, roof plans, and scaled models. Following
that, he stated that they would then conduct community outreach meetings
and programs, come before Council again, and basically get a minimum of 10
approvals from City and State agencies. He added that, in addition to
having the Legion in agreement with what they are proposing, the project
would then be placed on a ballot to be voted on by the residents of the City.
This would really be the final say as to whether or not a project will be built
on that site. He requested that Council approve the agreement so they could
at least begin this process, knowing full-well that it will be a long, hard
process.
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City Council Minutes
November 14, 2000
Mayor Noyes indicated that he is not inclined to continue this item because
the City made it clear at the meeting a few months ago that this project
would not happen unless the Legion approved the project and pointed out
that Sutherland Talla realizes this. He stated that Council should do what
they said they were going to do, which is to draft this agreement, adding that
the Legion is not in any more jeopardy because of this agreement than they
were before the agreement.
Nancy Skinner, 1724 Highland Drive, expressed the opinion that the
agreement being the first of many steps is the wrong first step. She stated
that Council made it very clear that the very first step should be an
agreement with the Legion and recommended denying the agreement with
Sutherland Talla.
Jim Hildreth, 120 The Grand Canal, stated that his grandparents and other
family members were in the Navy and believed that the City should continue
to pay respect to them by having a Legion. He pointed out that they have
been moved once and do not need to be moved again.
In response to Council Member Ridgeway's question regarding noticing
requirements, Mr. Burnham stated that the City does not have any legal
obligations to provide public notice of this agreement. He indicated that the
agreement provides much more public participation in the development of a
project description than the City has ever had before in any public project.
He pointed out that, usually when the planning process begins, Council is
presented with the project; however, in this situation, the community, users,
and Sutherland Talla are going to develop the project description and then
present it to Council. Council has every right to modify or deny the project.
In response to Ms. Skinner's previous statement, Council Member Ridgeway
reported that Council approved a two year lease extension agreement with
the Legion at the last Council meeting. He expressed the opinion that it is
going to be very difficult for Mr. Sutherland to reach a consensus, but
indicated that he is satisfied that there are safety guards built into the
process for the Legion.
Motion by Council Member Ridk'eway to approve the agreement.
Ufi5.9
Mayor Pro Tem Adams asked Mr. Sutherland why the agreement needed to
be approved prior to beginning discussions with the Legion. He indicated
that he was comfortable with the agreement, but wanted the explanation
aired out at this meeting. Mr. Sutherland stated that Council's direction
was that there would be no project without Legion support, which does not
mean there would be no initial agreement without Legion support. He
indicated that he has started work on the site plan for the 18th Street end of
the property, including color renderings of what he is proposing for a new
American Legion Hall. He noted that he has copies with him tonight, could
provide one to Mr. Bercovitz, and has notified Mr. Lahey that they are
complete. He stated that there is months of work to be done even before
there could be complete agreement. Further, a true understanding of
everything that is planned for the site cannot be reached without having all
the information available. He expressed his understanding that he must
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have the Legion in agreement with the project before any project is
approved.
Noting that the agreement is for three years, Mayor Pro Tem Adams noted
that Mr. Sutherland could learn in two months that he has reached a
stalemate with the Legion and expressed concern that the property would be
tied up for three years. Mr. Burnham clarified that the agreement states
that Sutherland Talla has 180 days to submit a draft project description to
staff, staff and the community will then review it, the description is modified
in response to community comments, and then it would come before Council.
He noted that the agreement is clear that Council retains all of its discretion
to do what it feels is appropriate with the parcel. Council Member O'Neil
added that, under Measure S, the citizens could vote the project down if
there is the perception that Council has not done its due diligence and has
not properly reviewed the project through the entire process. He expressed
the opinion that Sutherland Talla is taking a tremendous risk and spending
a great deal of money with the full knowledge that this is what may happen
to the project.
Council Member Glover stated that she is not going to support the motion
even though she believed that the project is a good project and the City
should be proud to have a five star hotel. She noted that she has known the
Sutherland family for About 16 years and added that she considers herself to
be a capitalist and pro- business, and has great respect for Mr. Sutherland.
However, she does not believe that this project will have community
acceptance, which is something beyond just the Legion accepting it. She
expressed the opinion that it is not worth it for the community to tear itself
up, especially since the City has just went through Measure S.
Mayor Noyes complimented Council Member Ridgeway for making the
motion because he will be unfairly criticized for making it since there is so
much emotion behind it. He stated that he believes he made the motion
because he knows that it is the fair thing to do. He indicated that
Mr. Sutherland deserves every right to move forward.
The motion carried by the following roll call vote
Ayes: Thomson, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: Glover
Abstain: None
Absent: None
SWEARING IN DATE FOR NEW CITY COUNCIL MEMBERS.
Mayor Pro Tem Adams stated that he pulled this item from the Consent
Calendar so that the public is aware that the new Coftncil Members will be
sworn -in at the December 12 Council meeting.
Motion by Council Member O'Neil to set Tuesday, December 12, 2000 as
the date for the swearing in ceremony for new City Council Members.
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The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
19. STAFF RECOMMENDATION REGARDING SPECIAL EVENT
PERMIT NOISE REGULATIONS.
Council Member Ridgeway stated that he would like the City to consider
purchasing a noise meter and have code enforcement staff, rather than
Police, learn how to use the meter to have an enforcement tool. Assistant
City Manager Wood reported that code enforcement staff does have sound
meters and knows how to use them. She indicated that the problem is that
they do not work 24 hours a day like Police Department staff. Further,
Police Department staff is not equipped with sound meters.
Mayor Noyes noted that the City is going to hire a consultant to craft ideas
and concepts and requested that the City also involve the Chamber of
Commerce in the very early stages. City Manager Bludau indicated that the
Chamber was made aware of the recommendations and stated that staff will
also involve other interested parties in the discussions.
In response to Mayor Pro Tem Adams' concern regarding the Taste of
Newport, Mr. Bludau stated that Council was provided with a number of
noise complaints. He indicated that it was his intent to come before Council
to look at the large picture regarding special events. Mayor Pro Tem Adams
expressed the opinion that Council has not sufficiently taken on this issue to
give the public a sense of comfort that the next Taste of Newport will be
handled differently. Mr. Bludau explained that one of the problems when
people called the Police Department was that the thinking was that any
noise level was permissible since there was a special events permit. He
emphasized that this needs to be changed into something that is enforceable.
Mayor Pro Tem Adams indicated that he spoke with Mr. Luehrs of the
Chamber regarding this year's Taste of Newport and believed that the noise
level was an unusual occurrence.
Mr. Bludau indicated that the City has a lot of work ahead, even with the
help of a sound consultant, since there are many factors involved (i.e. cloud
cover, whether the weather is clear, or whether the event is close to the
water). He stated that they had a good meeting with the Chamber who
readily admitted that they really did not monitor the noise and that the
Taste of Newport was different this year. They apologized and said that this
problem will not happen again. He stated that the City just needs to enforce
that with regulations for any special event.
Mayor Noyes suggested that the City get pro - active and have code
enforcement staff at the event to make sure that the event is not too loud.
Mr. Bludau indicated that this may be a condition in the permit.
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INDEX
Council Member Glover stated that she lives in the middle of Newport
Heights, which is a long way from Newport Center, and reported that even
she could hear the noise and was not sure where it was coming from. She
noted that she has never been able to hear the Taste of Newport before.
Motion by Mayor Noyes to 1) hire a sound consultant to help craft noise
regulations that are reasonable and enforceable for special events in general;
2) require all future Special Event Permits which permit amplified sound to
provide an on -site contact person, with phone number and/or pager, who can
regulate volume upon direction from the Police Department or Code
Enforcement Officers; and 3) require ah Level 4 permits to pay for a code
enforcement officer's time to do periodic reviews to insure they are in
compliance.
Jim Hildreth, 120 The Grand Canal, stated that the City has a law in which
there cannot be more than 15 people in one dwelling at one time without a
special permit and expressed the opinion that the City is going a bit
overboard. He stated that he did not mind the noise because he would
rather have people enjoy themselves. He added that the event turned off the
music at 10:00 p.m.
The motion carried by the following roll call vote
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
PUBLIC COMMENTS
John Black, 4007 Birch Street, Suite D, stated that he is an owner, operator,
and therapist of a massage establishment in the City and indicated that he
faxed a letter to the Mayor's office today regarding massage establishment
regulations. He reported that changes went into affect late October
regarding continuing education and requested that the regulations be
amended to allow continuing education seminars, not just massage schools
and community colleges, as acceptable locations for certification, noting that
many states already accept this form as certification of classes. City
Attorney Burnham indicated that he has not seen the letter, but stated that
Mr. Black could contact Deputy City Attorney Ohl regarding this. He added
that, if the changes are reasonable, they will bring it before Council.
Mr. Black indicated that he has already met with Mr. Ohl and someone from
the Police Department, but has not heard back from anyone. He also
expressed concern for people who had to renew their permits a month or two
before the regulations went into affect, reporting that they were required to
come up with 36 hours of continuing education in that short time period
when normally they get 3 years to complete that many hours. He suggested
grandfathering the existing people who had clean records. Mayor Noyes
recommended that the City A'ttorney's office contact Mr. Black and provide
him with an update.
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Jim Hildreth, 120 The Grand Canal, stated that he has obtained the
required forms to file a case with the Harbor Justice Center and indicated
that he is obligated to tell the City of his intent to litigate regarding
Residential Pier 80100011. He reported that he has a meeting scheduled
with the City Manager and the City Attorney, and expressed hope that his
family's rights will be restored at that time and no further court action will
be required. He stated that he reviewed the design criteria and standard
drawings for harbor construction, but has not seen a listing for the City
installed ladder. He asked if this structure meets the Coastal Commission's
access requirements. He read the portion of the agenda regarding the
Americans with Disabilities Act (ADA) and asked if the ladder complies with
ADA. He expressed the opinion that the use of any City installed structure
for RP80100011 has, and will attract, unsafe boat tie -ups. Mr. Hildreth
expressed the opinion that he has suffered great intimidation by being
placed under Police surveillance when he addressed Council at the
October 10 meeting and asked if he will be subjected to this scrutiny in the
future.
Allan Beek expressed his appreciation to Mayor Noyes for his qualities as a
mayor. He believed that Mayor Noyes has run the public hearings and
Council meetings in a more audience - friendly manner than any mayor he
has seen before and has turned the public hearings into an opportunity to
have real discussions to shed light rather than heat.
MOTION FOR RECONSIDERATION - None.
ADJOURNMENT - at 9:10 p.m in memory of "Ray" Handy.
The agenda for the Regular Meeting was posted on November 8, 2000, at
8:50 p.m on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
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