HomeMy WebLinkAbout01 - 11-12-2002City Council Meeting
November 26, 2002
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
November 12, 2002 - 4:00 p.m. ���r INDEX
ROLL CALL
Present: Heffernan, Bromberg, Glover, Proctor, Mayor Ridgeway
Absent: Adams, O'Neil
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
In regard to Item No. 6, Master Lease/Purchase Refinancing Consolidation,
Council Member Heffernan requested that the estimated five -year savings of
the recommended refinancing be provided.
In regard to Item No. 14, Adding a Fifth Investment Adviser, Council
Member Heffernan requested that the investment criteria of the
surrounding cities be studied.
Mayor Ridgeway made a clarification to Item No. 13, Newport Coast
Community Center Professional Services Agreement for Geotechnical
Services, by stating that there is an existing soils report on the parkland,
but not on the dumpsite.
PROPOSED JOINT POWERS AUTHORITY — INTEGRATED LAW
AND JUSTICE AGENCY.
Using a PowerPoint presentation, Police Chief McDonell stated that the City
of Newport Beach is the first city being asked to participate in the Joint
Powers Authority (JPA), with the action being recommended in Item No. 11
of the regular meeting agenda. He stated that five other cities are a part of
the steering committee and they are also in the process of considering
participation. The City of Newport Beach has been a part of the steering
committee since inception of the program. The Orange County Board of
Supervisors will discuss the matter at their meeting of December 10, 2002.
Police Chief McDonell stated that a total of 21 municipalities in the County
will eventually be asked to participate in the program, as well as the
appropriate County entities. He noted that confirmed participation by the
steering committee cities is vital prior to the Board of Supervisors
considering the matter. All cities with police services are being asked to
participate. The twelve cities in the County that contract their police
services will be governed under the Sheriffs Department.
Police Chief McDonell stated that the purpose of the JPA is to facilitate the
integration and sharing of criminal justice information data. He stated that
the project was started by the Orange County Police Chiefs and Sheriffs
Association approximately five years ago with the intent to improve
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Integrated Law &
Justice Agency
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Study Session Minutes
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INDEX
efficiency of the Criminal Justice System in Orange County. He noted that
a study revealed that approximately $5 million was being spent on court
overtime. Due to this information, a comprehensive strategic planning
effort was begun that involved the 21 police agencies in the County, County
agencies and the courts. It was determined that a Memorandum of
Agreement (MOA) was needed to outline the guiding principles for the
project. He stated that the MOA was designed to promote a cooperative
effort and was signed by police chiefs, County department heads, the courts
and the City Manager's Association. Police Chief McDonell stated that a
consultant was hired to assist with the effort, and a strategic plan was
prepared. The report contained four sections, which included information
on how the system currently operates, how the system should be operated in
the future, an analysis of the gap between the two and recommendations for
implementation. Once the strategic plan was adopted, the steering
committee was asked to look at governance.
Police Chief McDonell stated that the reasons for having an integration
project are to improve public safety through increased access to better
information on a more timely basis, to reduce redundant data entry
processes, to reduce "reinvention of the wheel', to gain efficiencies in use of
resources and to take advantage of the national emphasis on information
sharing. Police Chief McDonell stated that the strategic plan identified a
number of initiatives that have been incorporated into the project. They
include the governance of the project, the distribution and access of court
disposition information, electronic access to conditions of probation,
electronic subpoena processing and delivery, record sharing across
jurisdictional lines, and automated case filing.
Per Council Member Glover and Mayor Ridgeway's questions, Police Chief
McDonell confirmed that the current sharing and availability of information
is minimal.
Police Chief McDonell stated that the other initiatives identified in the
strategic plan include infrastructure design and security. He stated that
efforts to obtain funding for the project through the State were unsuccessful,
even though the program could be considered a model for other jurisdictions.
Per Council Member Proctor's question, Police Chief McDonell confirmed
that the level of the program being considered has not been done anywhere
else. In regard to funding, he stated that through the assistance of
Congressman Cox, $1 million was secured in October 2001. An additional
$1.5 million was secured in 2002, and $4 million has been requested in the
Federal fiscal year 2003 budget.
Police Chief McDonell stated that three initiatives are currently under
development. They include the terms and conditions of probation, the
electronic subpoena process and the court dispositions. He displayed
samples of the screens that would be provided through single -name inquiry
checks.
Per Mayor Ridgeway's question, Police Chief McDonell stated that the
integrated system would eventually be available in the field.
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INDEX
Police Chief McDonell stated that the need for strong governance was
identified early in the strategic planning process, both for the short term
implementation of the project and for the long term maintenance of it. He
stated that the stronger the governance, the more successful the project will
be, and that the governance methods considered included a JPA and a
Memorandum of Understanding (MOU). Police Chief McDonell stated that
an MOU is an informal type of agreement and does not have the binding
authority of a JPA.
Per Council Member Glover's question, Police Chief McDonell confirmed
that the cities unanimously supported the use of a JPA. He added that an
MOU was the preferred method of the Sheriffs Department and the County
Executive Office (CEO), although both have indicated that they would sign a
JPA.
Police Chief McDonell displayed a chart illustrating the proposed governing
board for the Integrated Law and Justice Agency for Orange County
(ILJAOC). The recommended board includes six municipal police chiefs
elected by their peers, the County Sheriff, a CEO representative, Chief
Probation Officer, Public Defender, Presiding Judge and Chief Executive
Officer of the Superior Court, three city managers and the District Attorney.
The recommended board is essentially the current steering committee that
has governed the project since its inception five years ago. Police Chief
McDonell noted that all of the members have been in support of the merits,
goals and objectives of the project, although there has been a difference in
opinion on how to govern the project.
Council Member Proctor stated that he couldn't understand the reluctance
of the probation and sheriff departments, given that they must fully
understand the importance of the initiatives. Police Chief McDonell stated
that there is no reluctance in their support of the project, but that they
would prefer an informal structure that would be advisory only to the sheriff
and the board of supervisors. He further explained that the project will
operate over an existing County network, and that they would lose some
control over it and would have to share in the decision making.
Council Member Glover stated that she has seen problems with both MOU's
and JPA's, and would favor an MOU since it could be terminated if
necessary. Police Chief McDonell stated that the proposed JPA only
provides for shared decision making and the governance of the project.
In conclusion, Police Chief McDonell asked for the City Council's
endorsement of the formation of the agency and the City's participation in
the JPA.
Council Member Glover asked what the cost of the project would be to the
City. Police Chief McDonell stated that there will be no initial costs, but
there would be associated costs in the future. Council Member Glover
confirmed that the costs would be based on per capita and that the contract
cities would have to pay their full share. She further confirmed that the
City would not pay more due to the fact that it is taking the lead. Police
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3.
Chief McDonell added that the agency wouldn't be formed until a sufficient
number of cities have agreed to participate, and that federal grant funding
would be used initially.
Council Member Proctor stated that the project is admirable and will better
serve the citizens. He acknowledged Police Chief McDonell for his efforts.
He noted, however, that he still couldn't understand the reluctance of some
to enter into a JPA.
Council Member Heffernan stated that he supports the opinions of those
who know law enforcement, such as Council Member Proctor.
Mayor Ridgeway asked what would happen to the information after it had
been accessed by law enforcement personnel, referring to the confidentiality
rights of citizens. Police Chief McDonell stated that the project only
provides for a more convenient and efficient way to access information that
is currently available. Mayor Ridgeway stated that he supports the project
due to the community safety and protection that it will provide. He added
that he is also supportive of having the Public Defender and others involved,
since they would understand the issues of protecting the rights of innocent
citizens. He additionally noted that the losses in the system due to
inefficiency are more than likely greater than the $5 million quoted earlier.
In closing, Mayor Ridgeway acknowledged the efforts of Police Chief
McDonell on the project over the past five years.
Council Member Glover again stated her preference for an MOU, noting
that JPA's have an inordinate amount of power. She stated that she will
support the project since it's a great concept and all forces available should
be utilized in maintaining public safety.
Dolores Otting agreed with Council Member Glover that a JPA should not
be used. Ms. Otting stated that she supports the goals of the project, but she
was concerned about the possibility of taxes being raised in the future to
fund it.
Mayor Ridgeway stated that the project under consideration is revenue
neutral and will not raise taxes. He additionally noted that the City is
financed through the general fund and that any tax increases would have to
be approved by two - thirds of the voters.
NEWPORT COAST FUEL MODIFICATION PROGRAM.
Fire Chief Riley noted that he had already given the presentation he was
about to give to the management officials of the property associations in
Newport Coast. Utilizing PowerPoint, Fire Chief Riley stated that the fire
department is concerned about the balancing of fire protection of structures
along the interface of a wildland area with the preservation of the natural
open space and environmental control. He displayed a list of the major fires
that have occurred in Orange County, and specifically noted the Laguna fire
in October 1993 and the Antonio fire in May 2002. The Laguna fire burned
a total of 14,000 acres and 347 structures, while the Antonio fire burned
1400 acres and 1 gazebo and was the first fire in the history of Orange
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Fuel Modification
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Study Session Minutes
November 12, 2002
INDEX
County that challenged an area that was designed around fuel modification
guidelines. He noted that fuel modification efforts work, since they reduce
fuel or one of the three elements required for a fire to burn, with the other
two being oxygen and heat. He additionally noted that fuel, topography and
weather influence the behavior of wildland fires.
Fire Chief Riley displayed an aerial photo showing an example of the
defensible space that had been created around a structure. He stated that
the most important benefit of creating defensible space is that it interrupts
the chain of fuel and provides space for firefighting operations. Fuel
modification and hazard reduction are both used to create defensible spaces.
Fire Chief Riley explained that a fuel modification zone is a wide strip of
land where combustible vegetation has been removed and/or modified, and
partially or totally replaced with drought and fire resistant plants.
Fire Chief Riley stated that Newport Coast is considered a special fire
protection area, which is defined as any geographic area where structures
and other human development meet or intermingle with wildland or
vegetative fuels and/or which contains the type of condition of vegetation
which potentially increases the possibility of wildland conflagration fires.
He stated that fuel modification zones are authorized by the California Fire
Code and require that all elements of a fuel modification plan be maintained
in accordance with the approved plan. He stated that a minimum of two
growth reduction maintenance activities are required each year. He stated
that a fuel modification plan generally uses two main guidelines, the
combustible plant species list and the fire resistive plant list. The
combustible plant list includes 26 species that must be removed from a fuel
modification zone and the fire resistive list includes 286 species that can be
planted.
Fire Chief Riley stated that a fuel modification zone in the City is subject to
a periodic inspection. He noted that this is done annually for all fuel
modification and hazard reduction areas. He stated that the City notified
all homeowner associations in Newport Coast that they must comply with
their approved fuel modification plan or the City's guidelines by
November 2, 2002. He stated that earlier in the day, review inspections in
the area were begun.
Mayor Ridgeway asked why the City only conducts annual inspections when
activities are required twice a year. Fire Chief Riley stated that the
biannual cleaning maintains the plan in the way it's supposed to be done,
but the City only has the staffing to conduct inspections once per year. City
Manager Bludau noted that a position was added to the Fire Department in
the current year's budget to look at fuel modification zones and the
requirements of the City.
Noting the risk of the Newport Coast area and the number of homes,
Council Member Heffernan asked if the fire chief felt that annual
inspections were adequate. Fire Chief Riley stated that once the fuel
modification zones are in compliance, annual inspections will be adequate.
Continuing with the PowerPoint presentation, Fire Chief Riley stated that
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Study Session Minutes
November 12, 2002
INDEX
fuel modification zones are broken into four zones.
Per Mayor Ridgeway's question, Fire Chief Riley stated that fuel
modification plans are approved by the Fire Marshal. He noted, however,
that the plans in Newport Coast were approved by the Orange County Fire
Authority, but the City is having difficulty obtaining all of those plans.
Council Member Glover asked if the plans are required to fulfill the City's
legal obligations. City Attorney Burnham stated that the City can acquire
design immunity, but he wasn't sure if it would apply to this situation.
Council Member Glover stated that it should be pursued.
Fire Chief Riley stated that the A Zone of the four zones mentioned earlier is
considered the setback area and a minimum of twenty feet from a structure.
He stated that it is also the area that provides the best place for firefighters
to stand in the event of a fire. He listed some of the requirements of the
zone and what can go wrong. He stated that the A Zone is the principal
zone that needs to be maintained.
Mayor Ridgeway confirmed that the twenty feet is beyond the last
constructed object, which would include patio covers.
Fire Chief Riley stated that the B Zone is 50 feet past the A Zone. He listed
some of the requirements of the B Zone and what can go wrong. He also
displayed a photo of a healthy and well irrigated B Zone, as well as an
example of fuel laddering, which is the inadequate separation of
groundcover and larger trees. Fire Chief Riley stated that the C Zone is a
non - irrigated zone and has requirements primarily aimed at reducing fuel
volume. The D Zone is similar to the C Zone, but with a less aggressive
thinning of the natural vegetation. He stated that the main problems with
the C and D Zones are that they are not irrigated or well maintained.
Fire Chief Riley stated that the City has produced site maps, taken field
photographs and collected data since annexing the Newport Coast area in
July 2002. He stated that the fuel modification program has also included
research and field preparation to gather as much information as possible on
what was planned when Newport Coast was initially constructed and
approved. He stated that the City also conducted a pilot study of five key
areas to look at what the City could expect to find in the Newport Coast
area. Fire Chief Riley stated that the City also notified all of the homeowner
associations to inform them of their responsibilities and a public information
meeting was held on October 16, 2002. He stated that the inspections of the
28 parcels that were identified have been completed and the findings have
been documented. He stated that these tasks have resulted in the City
knowing all of the current conditions in the Newport Coast area and what
needs to be done. He stated that it is now time to start the re- inspection
process to confirm compliance and to issue second notices to those that are
found not to be in compliance.
Fire Chief Riley stated that a detailed fuel modification database has been
created and is available through the fire department. He stated that it
includes aerial photographs, field photographs and extensive data. He
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November 12, 2002
stated that other fuel modification resources available include copies of all
initial inspection findings, fuel modification zone maps, the opportunity for
on -site property inspections, guideline interpretations and lists of the
approved plants.
In conclusion, Fire Chief Riley stated that the City has done a
comprehensive assessment of the fire prevention conditions in Newport
Coast, provided excellent resources, given the associations plenty of notice
and is now ready to bring the areas into compliance.
Council Member Heffernan stated that the City is close to coming to an
agreement with the master homeowner associations on the maintenance of
the slope areas. He stated that it's complicated, but it's a high risk area and
the City needs to enforce the rules, comply with the annexation agreement
and minimize the fire risk. City Manager Bludau added that per the
annexation agreement, the City is responsible for maintaining the fire
modification zones but only after the area meets the fuel modification
standards.
Mayor Ridgeway asked for a confirmation on what areas the City will be
responsible for. Fire Chief Riley stated that the Assistant City Manager and
the City Attorney are negotiating who will pay for the maintenance, but that
the City is responsible for enforcing Zones A, B, C and D.
PUBLIC COMMENTS —None.
ADJOURNMENT — at 5:20 p.m. to discuss the potential for leasing the
property at 709 E. Balboa and 111 Main Street pursuant to the posted
agenda.
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The agenda for the Study Session was posted on November 6, 2002, at
3:30 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
November 12, 2002 - 6:30 p.m. DRAFT INDEX
STUDY SESSION — 4:00 p.m.
CLOSED SESSION— 5:20 p.m.
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A. RECESSED AND RECONVENED AT 6:30 P.M. FOR REGULAR
MEETING
B. ROLL CALL
Present: Heffernan, O'Neil (arrived at 6:40 p.m.), Bromberg, Glover,
Proctor, Mayor Ridgeway
Absent: Adams
C. CLOSED SESSION REPORT — None.
D. PLEDGE OF ALLEGIANCE — Council Member Proctor.
E. INVOCATION — Reverend Monsignor Daniel Murray, Our Lady of
Mt. Carmel Catholic Church.
F.
Proclamation to Donald H. Glasgow in recognition of his service and dedication
to the City of Newport Beach and the village of Corona del Mar.
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM):
• Council Member Heffernan asked for clarification regarding what
makes a report a consent calendar or public hearing item.
• Council Member Heffernan requested a report on the recent
embezzlement of $125,000 for a fire truck order. He asked how much
money the City lost and what the City is doing to prevent this from
happening again.
• Council Member Heffernan asked for an update regarding the Bonita
Canyon Sports Park. He noted that the project now has its third
contractor and emphasized that there are a lot of kids and coaches
depending on the opening of the park in spring.
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Glasgow
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City Council Minutes
November 12, 2002
• Mayor Ridgeway announced that the City will conduct Council
reorganization on December 10, 2002 at 4:30 p.m. and will hold the
regular meeting on December 17, 2002.
• Mayor Ridgeway announced that Council will discuss Item No. 18
(Assessment District No. 86 Public Hearing) at 7:00 p.m. so the
7:30 p.m. public hearing (Item No. 19 — LDS Temple) can be heard as
scheduled.
• Council Member O'Neil announced that the Goldenrod Bridge
rededication will be held on November 21, 2002, at 9:00 a.m. He
reported that the City rehabilitated the planter boxes, irrigation
system, and lighting. He noted that the bridge was built in 1924.
I. CONSENT CALENDAR
City Clerk Harkless announced that Items 7 and 8 (Marine Avenue and
Restaurant Business Improvement Districts) set public hearings for
December 10; however, the hearing date will need to be changed since the
regular meeting will be held on December 17. She also announced that the
recommendation for Item 15 (709 E. Balboa Boulevard and 111 Main Street
Real Property Lease) has been replaced by the supplemental agenda item
distributed on Friday, November 8. City Manager Bludau stated that Item 15
will be continued.
READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF OCTOBER 22, 2002. Waive reading of subject
minutes, approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive
reading in full of all ordinances and resolutions under consideration,
and direct City Clerk to read by title only.
ORDINANCES FOR ADOPTION
3. PLANNING DEPARTMENT FEE SCHEDULE UPDATE. Adopt
Ordinance No. 2002 -26 amending Exhibit "A" of Chapter 3.36 of the
NBMC pertaining to the percentage of Cost Recovery for Planning
Department Fees; and adopt Resolution No. 2002 -69 updating the
schedule of fees for the Planning Department.
4. CODE AMENDMENT NO. 2002 -005 (PA2002 -161) - BALBOA
VILLAGE DESIGN GUIDELINES. Adopt Ordinance No. 2002 -27
(CA 2002 -005); and adopt Resolution No. 2002 -70 approving the Balboa
Village Design Guidelines.
RESOLUTIONS FOR ADOPTION
5. BALBOA YACHT BASIN RENTAL ADJUSTMENTS. Adopt
Resolution No. 2002 -71 adjusting the slip and apartment rental rates at
the Balboa Yacht Basin and rescind Resolution No. 2001 -89. [Council
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INDEX
Ord 2002 -26
Res 2002 -69
Planning
Department
Fees (40/68)
Ord 2002 -27
Res 2002 -70
PA2002 -161
Balboa Village Design
Guidelines (68)
Res 2002 -71
Balboa Yacht
Basin (5 1)
City of Newport Beach
City Council Minutes
November 12, 2002
INDEX
Volume 55 - Page 474
Member Heffernan abstained due to a conflict of interest]
6.
MASTER LEASE /PURCHASE REFINANCING
Res 2002 -72
CONSOLIDATION. Approve the proposal received from Sun Trust
Master Lease/
Leasing Corporation to provide a master lease /purchase refinancing
Purchase
consolidation in the amount of approximately $1.9 million at a blended
Refinancing
interest rate of 2.72% for five years; and adopt Resolution No. 2002 -72
Consolidation
authorizing the execution of the agreement with Sun Trust Leasing
(40)
Corporation.
7.
MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT
Res 2002 -73
RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2002, AND
Marine Avenue
ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR
Business
FISCAL YEAR 2003. 1) Approve Marine Avenue Business
Improvement
Improvement District 2002 Annual Report; and 2) adopt Resolution of
District
Intention No. 2002 -73 and set the public hearing for December 17,
(27)
2002.
8.
RESTAURANT BUSINESS IMPROVEMENT DISTRICT
Res 2002 -74
RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2002, AND
Restaurant
ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR
Business
FISCAL YEAR 2003. 1) Approve Restaurant Association Business
Improvement
Improvement District 2002 Annual Report; and 2) adopt Resolution of
District
Intention No. 2002 -74 and set the public hearing for December 17,
(27)
2002.
9.
Removed at the request of Council Member Heffernan.
10.
AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION
Ord 2002 -28
FRANCHISES TO SOUTHERN CALIFORNIA
Res 2002 -76
ENVIRONMENTAL AND PROGRESSIVE LAND CLEARING,
Non - Exclusive
DBA THOMAS DEMOLITION. Adopt Resolution of Intention
Solid Waste
No. 2002 -76 to award Non - exclusive Solid Waste Franchises to
Collection
Southern California Environmental and Progressive Land Clearing,
Franchises
dba Thomas Demolition, and schedule the public hearing for November
(42)
26, 2002; and introduce Ordinance No. 2002-28 granting Non - exclusive
Solid Waste Franchises to Southern California Environmental and
Progressive Land Clearing, dba Thomas Demolition, and pass to second
reading on November 26, 2002.
11.
PROPOSED JOINT POWERS AUTHORITY - INTEGRATED LAW
C -3579
AND JUSTICE AGENCY. Adopt Resolution No. 2002 -77 authorizing
Res 2002 -77
the City of Newport Beach to participate in the Integrated Law and
Integrated
Justice Agency for Orange County (ILJAOC) and authorizing the
Law and Justice
Mayor to execute the Joint Powers Agreement (JPA) associated with
Agency
the City's participation.
(70)
CONTRACTS
AND AGREEMENTS
12.
BALBOA VILLAGE IMPROVEMENTS - PHASE II — APPROVAL
C -3527
OF PROFESSIONAL SERVICES AGREEMENT (C- 3527).
Balboa Village
Authorize the Mayor and the City Clerk to execute a Professional
Improvements
Services Agreement with Psomas to provide construction engineering
Phase II
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City of Newport Beach
City Council Minutes
November 12, 2002
services for the Balboa Village Improvements Phase 2 for a fee of
$50,000.
13. Removed at the request of an audience member.
14. ADDING A FIFTH INVESTMENT ADVISER. Authorize the City
Manager to sign a contract establishing an investment adviser
relationship between the City and MBIA Municipal Investors Service
Corporation.
15. REAL PROPERTY LEASE FOR 709 E. BALBOA BOULEVARD
AND UNITS 5 AND 6, 111 MAIN STREET. Continued to the
November 26, 2002, Council meeting.
MISCELLANEOUS ACTION
16. RECOMMENDATION FOR APPROVAL OF DATE FOR
NEWPORT CLASSIC SURF CONTEST. Approve the dates of
February 1 -2, 2003 for the Newport Classic Surf Contest at 56th Street.
Motion by Mavor Pro Tern Bromberg to approve the Consent Calendar,
except for those items removed (9 and 13), and noting the amendment to Items
7 and 8, the continuance of Item 15, and the abstention on Item 5 by Council
Member Heffernan.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Proctor, Mayor Ridgeway
Noes: None
Abstain: None
Absent: Adams
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
9. ROBINSONSKINNER ANNUITY FOR NEWPORT BAY
DREDGING AND ECOSYSTEM RESTORATION.
Council Member Heffernan reported that this is a $32 million dredging
project that will occur over 30 months. He stated that 2.1 million cubic
yards of material will be removed from the Newport Bay. He asked
about the likelihood of this occurring and about the public hearing
process.
Assistant City Manager Kiff reported that the Upper Newport Bay
Ecosystem Restoration Project is a partnership with the U.S. Army
Corps of Engineers, the County, and State. He indicated that this has
already gone through environmental review, but the City is waiting for
Federal funding. He noted that the State funding has already been set
aside. He stated that it is anticipated that the Federal funding will be
approved when Congress reconvenes after January. He indicated that
they hope to begin this project in late October 2003. He confirmed that
this is a 24 hour a day project, but emphasized that the Bay will be
restored to its optimal ecosystem. He added that, weather permitting,
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INDEX
(38)
Investment
Adviser
(40)
BA -022/C -3578
Real Property Lease
(38/40)
Newport Classic
Surf Contest
(62)
Res 2002 -75
Council Policy H -5
Robinson - Skinner
Annuity
(51/69)
City of Newport Beach
City Council Minutes
November 12, 2002
this will hopefully not have to be done for another 20 years. He
clarified that the purpose for this is to establish an annuity for the next
dredge in 20 years. He noted that this project is three times larger
than the previous dredging project.
Regarding the $32 million, Mayor Ridgeway reported that 65% of this is
paid by the Federal government, but is not assured. He stated that the
Harbor Quality Committee has been working to get the funding with
Congressman Christopher Cox. Further, Assistant City Manager Kiff
and he have met with the head of the U.S. Army Corps of Engineers.
He noted that this is a multi - jurisdictional project.
Motion by Council Member O'Neil to 1) adopt Resolution No. 2002-
75 authorizing the Mayor to execute a Memorandum of Agreement
(MOA) between the City and the Regional Board relating to the City's
administration of the Robinson - Skinner Annuity; and 2) adopt Council
Policy H -5 relating to the administration of the Robinson - Skinner
Annuity.
The motion carried by the following roll call vote
Ayes: Heffernan, O'Neil, Bromberg, Glover, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
13. NEWPORT COAST COMMUNITY CENTER PROFESSIONAL
SERVICES AGREEMENT FOR GEOTECHNICAL SERVICES.
Madelene Arakelian, 1516 East Ocean Boulevard, stated that she
received a fax from the California Integrated Waste Management
Board regarding Section 21190 of Title 27 of the California Code of
Regulations which specifies the general criteria for building on landfill
property. She expressed concern about spending almost $46,000 for the
geotechnical survey and requested that this issue be continued for two
weeks so Council can read the document. She believed that it is
inappropriate to consider building a community center in that area.
Dolores Otting stated that she had a small trash business and watched
the closure of the Coyote Canyon Landfill. She took issue that the pre -
annexation agreement states that the community center may contain a
gymnasium, library, etc., but noted that previous staff reports have also
stated that it would encompass 22,000 square feet and include a
gymnasium and a branch library. She reported that this staff report is
for a site survey but also states that it would include a library. She
noted that the City already has a really nice Central Library. She
indicated that part of the problem with building this facility so close to
a landfill is gas mitigation. She noted that the $46,000 will be coming
from the Newport Coast Association Community. She stated that she is
not sure the site is the best place for the community center or the best
way to spend this money. She also asked about the liability.
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BA -021
C -3577
Newport Coast
Community Center/
Geotechnical
Services
(38/40)
City of Newport Beach
City Council Minutes
November 12, 2002
Council Member Heffernan stated that Newport Coast is in District 7
and that he has attended all of the Newport Coast Advisory Committee
meetings. He reported that the residents canvassed the area and noted
that it was their recommendation that the City proceed at this site. He
stated that, under the annexation agreement, they have this discretion.
He noted that there are few sites available for the community center
unless it is purchased. He clarified that the City has some impetus to
comply with the annexation agreement and proceed with the
community center. He emphasized that the community center can only
happen if the Newport Coast residents want to proceed. He reported
that, if they do not proceed, the money will be refunded to them.
Mayor Ridgeway stated that he walked every site in Newport Coast.
He indicated that, once the location is sited, the City can sit down with
the committee to determine what is required and what they really
need. He stated that, during the initial negotiations, the committee
wanted everything that was stated in the agreement; however, that
could change. He clarified that the community center is actually being
sited at the Newport Ridge Park, not the dumpsite. He stated that the
dumpsite is being evaluated because it is adjacent to the park and is
being considered for parking. He reported that one of the sites that was
previously being considered is controlled by someone who has
discouraged the use of the site and the other site is adjacent and within
the Integrated Waste Management site. He added that The Irvine
Company sites would cost from $7 million to $9 million. He assured
everyone that the community center will not be sited on soil that is
contaminated by a dumpsite. He noted that the staff report is for a
feasibility study and does not commit the City to anything.
Motion by Mavor Pro Tem Bromberg to 1) approve a Professional
Services Agreement with Pacific Soils Engineering, Inc., and authorize
the Mayor and the City Clerk to execute the agreement; and
2) approve a budget amendment (BA -021) appropriating $45,720.00
from the unappropriated balance Newport Coast Annexation Fund
No. 298 to Account No. 7298- C5100705.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
N. PUBLIC HEARING
18. UNDERGROUNDING UTILITIES IN PROPOSED ASSESSMENT
DISTRICT NO. 86 (PENINSULA POINT) ALLEY BOUNDED BY:
OCEAN BOULEVARD AND EAST OCEAN FRONT BETWEEN
"G" STREET AND CHANNEL ROAD AND DESIGNATION OF
THIS AREA AS AN UNDERGROUND UTILITIES DISTRICT.
Mayor Ridgeway announced that this public hearing is being held
pursuant to the Municipal Improvement Act of 1913. He stated that
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Res 2002 -78
Res 2002 -79
Assessment
District 86/
Peninsula Point
(89)
City of Newport Beach
City Council Minutes
November 12, 2002
INDEX
this is the time and place for the public hearing on all protests or
objections to the Resolution of Intention, Assessment Engineer's
Report, and proposed assessments for Assessment District No. 86. He
indicated that all written protests and all ballots must be received by
the City Clerk prior to the close of the public hearing.
City Clerk Harkless announced that the public hearing notice has been
given in the manner and form required by law.
Mayor Ridgeway opened the public hearing.
Robert Hessell, Bond Counsel, stated that the Assessment Engineer is
present tonight to present her report for the record.
Joan Cox, Harris and Associates, Assessment Engineer, stated that the
purpose of the public hearing is to have property owners register their
protests and comments regarding the Assessment District for
undergrounding the utilities. She reported that the boundaries of the
Assessment District are on file, noting that Council has a copy of the
Engineer's Report and that it is on file in the City Clerk's Office. She
stated that every property is zoned single-family and benefits the same.
She indicated that the only exception is for a property that was
assessed 74% in another District. She stated that this property will be
assessed 26% in this District. She reported that there is now an
assessment ballot tabulation process due to Proposition 218,
assessment ballots were mailed to all property owners in the District,
the property owners have until the close of the public hearing to return
the ballot, and she will tabulate the ballots and present the results to
Council. She explained that, if there are more "yes" votes than "no"
votes, Council can form the Assessment District. She reported that
there are 135 parcels in this District which will be assessed $5,500 per
parcel.
Jim Hildreth believed that the undergrounding on Little Balboa Island
pertains to this discussion. He stated that the concrete is cracked and
the utility lids make noise on Little Balboa Island. He believed that the
property owners should know that the concrete work that may occur
with this undergrounding may not be up to standards and will be
changing the aesthetic value of the area by putting the utilities
underground. He added that the plates may also make a lot of noise
when anyone drives by. He stated that the property owners should also
be aware that, under the Utilities Commission's Act filings with the
utilities, the only reason for having their utilities disconnected is for
failure to pay fines. He indicated that their recourse is through the
Streets and Highways Code and stated that they should look into it.
Council Member O'Neil believed that his discussions are not relevant to
the public hearing.
Mayor Ridgeway requested that ballots be turned in at this time.
Hearing no further testimony, Mayor Ridgeway closed the public
hearing.
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Following the tabulation of votes, Ms. Harkless announced that there
were a total of 106 ballots cast regarding Assessment District No. 86.
She reported that 81.9% of the ballots were cast in favor of the proposed
assessment (87 votes) and 18.1% of the ballots were cast in opposition
(19 votes). She announced that a majority protest has not been filed
pursuant to Article XIIID and stated that Council can proceed with the
formation of the Assessment District.
Motion by Mavor Pro Tern Bromberg to adopt Resolution
No. 2002 -78 approving contracts for utility improvements and adopt
Resolution No. 2002 -79 declaring the results of the ballot tabulation,
confirming the assessment, ordering the acquisition of improvement,
and approving the Assessment Engineer's Report for Assessment
District No. 86 since there were more "yes" votes submitted (81.9 %)
than "no" votes (18.1 %).
The motion carried by the following roll call vote
Ayes: Heffernan, O'Neil, Bromberg, Glover, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
K. PUBLIC COMMENTS
Jim Hildreth, The Grand Canal, believed that the web page the City
created about him is irrelevant. He stated that he has asked for many
documents to prove or disprove the City's claim, but has yet to find the
documents. He indicated that Council has the obligation to all
residents, including him, to state what is going on and, if he requests
documents, believes that Council should be looking into this. He noted
that Council has stated that the City has the right to destroy
documents that are payment schedules. He believed that, if a structure
or property is under dispute, the City does not have the right to destroy
those documents. He added that he has been asking for the pier
permit, but none of the permits he has requested have come forward to
him. He believed that the City is hiding the documents he is
requesting. He asked why and requested that Council do its job which
they have been elected to do to look into this matter. He stated that he
does not like the words "fallen on deaf ears" or being classified as a
"nuisance" or a "complete nuisance" by the Daily Pilot.
Mayor Ridgeway stated that all of Mr. Hildreth's requests are posted on
the City's website and noted that the City has answered his questions
numerous times. He requested a determination from the City Attorney
about whether the City has to honor Mr. Hildreth's time since he
continues to make the same request. He believed that
Mr. Hildreth has been disrespectful to everyone in the room and to the
entire City.
Richard Taylor, Vice President of the Airport Working Group (AWG)
and member of the Aviation Committee, believed that the City has not
yet received the response from the airlines that use John Wayne
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November 12, 2002
INDEX
Airport (JWA), the Air Transport Association (ATA), and possibly the
Federal Aviation Administration (FAA). He stated that the response
could potentially impact the Settlement Agreement. He urged Council
to do everything in its power to be forthright and open in discussions
regarding the City's response. He stated that AWG and Stop Polluting
Our Newport (SPON) will be involved in the response, but noted that
he has not seen any written response and has only heard rumors about
the response. He requested that this be discussed in an open session,
not closed session, so the citizens know what they are being
encumbered to and what they are being committed to by Council.
City Attorney Burnham reported that the City has not received any
letter from any air carrier or other person regarding the Settlement
Agreement. He indicated that he was even asked by Daily Pilot
Reporter June Casagrande about the letter, adding that she believed he
made a comment about it to Mr. Naughton. He stated that he will
check with the County Counsel's office in the morning and, if a letter
exists, he will make it available to Council, AWG, and SPON. He noted
that the City, AWG, and SPON are members of the staff coordinating
committee which meets weekly to review these types of issues.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Regarding the Newport Coast Advisory Committee, Council Member
Heffernan believed that an agreement is close regarding median, slope,
and hillside maintenance. He reported that this issue is currently
before the two master associations for their approval. He announced
that the Fire Department has completed its assessment of the slope
areas. He stated that the next step will be to bring them up to current
City standards. He indicated that, hopefully at the January meeting,
an agreement will be met regarding association reimbursements for
slope maintenance that will be retroactive to the last fiscal year.
Status report — Local Coastal Program Certification Committee.
Mayor Ridgeway reported that they have received a Parking Study for
the entire City, except for the Peninsula since there is one on record.
Further, the City also has a Hazards Condition Report which discusses
tsunamis. He indicated that the committee is reviewing the reports
and will report further action as it becomes available.
Status report — Ad Hoc General Plan Update Committee
(GPUC). Assistant City Manager Wood reported that the committee
heard details regarding the telephone survey from the consultant.
Further, they finalized the agenda for the Visioning Summit on
November 16 at the Oasis Senior Center at 10 a.m. and 1 p.m. She
stated that, at the Visioning Summit, they will present the findings so
far from the Visioning process and break up into small discussion
groups to discuss Banning Ranch, hotel development, the airport area,
Fashion Island and Newport Center, larger homes, coastal bluff
development, and traffic and transportation.
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!1'I!
PH
INDEX
rLA1V1V11NU UV1V11V11DD1VA Al4P]1V1./AANU URAL JTATUJ REFORT
Planning
17. PLANNING COMMISSION AGENDA FOR NOVEMBER 7, 2002.
(68)
Regarding Item 1 (217 30th Street), Planning Director Temple reported
that this item was heard by the Commission a couple of times and that
there were unique circumstances regarding the small, triangular
property. She stated that the principal issue was the need for the
project to provide the required two parking spaces. She indicated that
the solution was to install a residential parking elevator.
Regarding Item 5 (1601 Balboa Avenue), Ms. Temple stated that the lot
is a substandard size. She reported that the variance was approved but
the Commission reduced the project by about 96 square feet and
required the maintenance of a second floor rear yard setback greater
than what was proposed by the applicant.
Regarding Item 3 (3400 Via Lido), Ms. Temple stated that the
Overstreet Winery wanted to have onsite alcohol service to include
distilled spirits. Further, they also wanted authorization for live
entertainment and to expand the hours of operation to stay open until
midnight on Fridays and Saturdays. She indicated that there was
concern about not being able to control what the business may become
in the future. She explained that the City has a licensing process for
live entertainment and staff suggested that this method be used as one
way to approach live entertainment approvals, especially after the
Commission's consideration of the Balboa Village Inn and its live
entertainment issues. She stated that the Commission placed live
entertainment conditions on the use permit. She explained that a
permit operates like a license and is attached to a person, not a
property, and is easier to revoke.
Ms. Temple reported that an Alcoholic Beverage Outlet (ABO) use
permit was approved in Fashion Island (Item 2, 2901 West Coast
Highway). She also reported that the Commission reviewed a
modification permit at 6705 Seashore Drive (Item 4) and amended the
Modification Committee's modification and required both parking
spaces to come in from the alley. She reported that the Commission
also approved a substantial conformance determination for a previously
approved use permit for Beacon Bay Car Wash (Item 6, 4200 Birch
Street). She concluded by reporting that the Commission initiated a
zone amendment to provide additional procedures for Heritage
Theaters (Item 7) and landmark buildings. She indicated that, once the
Commission concludes its deliberation, the item will come before
Council for consideration.
PUBLIC HEARING
19. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF
Use Permit 2002 -36/
THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS
LDS Temple
(LDS) NEWPORT BEACH TEMPLE.
(88)
Mayor Ridgeway stated that this is a review of what the Planning
Commission did and is a conditional use permit regarding the height,
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November 12, 2002
INDEX
lighting, and site plan for the Church of Jesus Christ of Latter Day
Saints (LDS) Temple. He indicated that tonight is not a hearing for
accusations or incriminations but is a de nova hearing on a land use
decision.
Mayor Pro Tern Bromberg stated that this is not a regular issue that
comes before the City. He reported that there have been two Planning
Commission hearings on this and that he attended both hearings. He
indicated that this issue has been going on for almost 18 months and
noted that it almost became an issue of neighbor versus neighbor. He
stated that the site is in his district and across from Council Member
Heffernan's district.
Mayor Pro Tern Bromberg stated that this area of Bonita Canyon was
initially a part of Irvine and then was annexed into Newport Beach
where there was a 50' height limit. He indicated that the church
wanted to build a temple and applied for a use permit for a 124' steeple.
He reported that, at the first hearing, the Planning Commission
indicated that, considering all the circumstances, 124' was too high. At
the second hearing, the church proposed a 99' 9" steeple; however, there
were still a lot of concerns from the residents. Mayor Pro Tern
Bromberg believed that, if there is a contentious issue in a
neighborhood, it is the council member's responsibility to get involved.
He indicated that he chose to be a facilitator and met with two Salt
Lake City representatives (Rob Pulley and Keith Stepan), Bob Wynn,
and Weatherford Clayton from the church. He emphasized that they
were concerned about the community. He stated that he told them
that, considering everything that occurred, maybe a further
accommodation might be appropriate; however, if this issue came
before Council for a vote, Council would most likely sustain the
Planning Commission decision. He reported that, a few days later, he
received a call from Mr. Wynn that the church is proposing to lower the
steeple to 90' and reduce the angel from 12' to 8'. He emphasized that
the church made this offer willingly because of the concerns of the
community. Mayor Pro Tern Bromberg reported that he informed the
appellants of the proposal and indicated that they were pleased with it
and even stated that they want to sit down and talk with the local
church representatives after this is over. He reported that the
appellants offered to withdraw their appeal; however, he was advised
by the City Attorney to not have them do that because Council would
lose jurisdiction and would not be able to hear the issue.
Mayor Pro Tern Bromberg thanked Rob Pulley, Keith Stepan,
Weatherford Clayton, Bob Wynn, Steve Brombal, Bob Dias, Kathy Cole,
and Ken Wong for spending countless hours on this.
Motion by Mavor Pro Tern Bromberg to uphold the decision of the
Planning Commission to approve the LDS Temple project, but amend
Condition of Approval No. 16 to read, "The overall height of the Temple,
including the steeple and angel, shall be no more than 90 feet from the
proposed finished floor elevation of 193.5 feet above mean sea level"
Council Member Heffernan stated that six of the seven appellants are
from his district. He indicated that he attended the Planning
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November 12, 2002
INDEX
Commission meetings, read the Environmental Impact Report (EIR),
read the Commission minutes, and talked to some of the
Commissioners. He noted that he only received one email regarding
the 99' 9" steeple decision prior to the filing of the appeal. He reported
that he has met with the appellants, Bob Wynn, and Weatherford
Clayton, and noted that he told the appellants that he supports the
Planning Commission decision because he believed that the facts were
heard and the Commission did its job correctly. He indicated that he
also relayed this to the church. He stated that he was not part of the
discussions with the Salt Lake City representatives or appellants
regarding the 90' proposal.
Council Member Glover stated that she read in the Daily Pilot that the
process had been tainted. She announced that she briefly spoke with
Council Member Adams, Mayor Pro Tem Bromberg this morning, and
extensively with Council Member O'Neil about this issue. She noted
that people have called to set up meetings with her, but she has not
met with anyone else. She believed that people need to remember what
a community is, noting that people today do not want schools,
playgrounds, or churches beside them. She stated that these things
used to be the heart of a community. She indicated that she has always
been willing to do what the church wanted because they, along with
schools and playgrounds, are important to the community.
Council Member O'Neil commended Mayor Pro Tem Bromberg and
Council Member Heffernan for taking the lead and resolving this
matter. He agreed that it is common for the council member from the
district to try to resolve the issue and added that the Brown Act
prevents Council from working on issues together outside of the public
process. He stated that he is pleased that Mayor Pro Tem Bromberg
and Council Member Heffernan brought forward a solution tonight and
indicated that he is prepared to support the motion.
Council Member Proctor thanked Mayor Pro Tem Bromberg and
Council Member Heffernan for all their hard work because having the
parties reach a resolution is a much better way of solving problems
than having a contested hearing in which only one side ends up happy.
He stated that, if this is what the parties want, he does not have a
problem with supporting the motion. If this is not the case, he will be
listening to testimony as he would if this were litigation. He indicated
that he also has not talked to the parties, but upholding the Planning
Commission decision would be the appropriate conclusion from his
review of the documents.
Mayor Ridgeway agreed with Council Member Glover's statements
regarding the sense of community. He reported that he met with LDS
representatives on a couple of occasions, and met with Steve Brombal,
Bob Dias, and David Wolf. He stated that there is a conditional use
process for steeples. He noted that Monsignor Murray told him that
the steeple at Our Lady of Mt. Carmel Catholic Church located on the
Peninsula is 60', but was approved for 90' in 1950.
Mayor Ridgeway opened the public hearing.
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Weatherford Clayton, Uhurch of Jesus Christ of Latter Day Saints
representative, stated that he is grateful for the wonderful work the
City has done to help them get to this point tonight. He reported that
the church has worked over the last 18 months to create a project they
think the City would be proud of. He indicated that temples are the
most sacred buildings on earth for them. He stated that he is also
grateful for the opportunity to work with great neighbors. He reported
that the church is proposing a 90' steeple that will be beautiful. He
added that they are looking forward to building the temple with the
support of Council and the neighbors.
Ron Talmo, Attorney, 2415 N. Hesperian, Santa Ana, stated that he
represents several of the appellants, but believed that his statements
would be mirrored by all the appellants. He thanked Mayor Pro Tem
Bromberg for his efforts. He stated that the proposal is a wonderful
solution, thanked the church, and welcomed them to the neighborhood.
Dolores Otting stated that she has been to a lot of the meetings and
asked about the lighting of the grounds, believing that this has not
been addressed.
Dick Nichols, Council Member-elect, believed that the steeple would
look better if it were 100' rather than 90'. He stated that the church
has this right and asked if the City would do this to the down coast
area. He indicated that they probably should have kept the church in
Irvine, built it, and then brought it into the City. He added that the
Stake Center has a right to an 86' steeple and asked if the City would
allow them to do this.
Steven Brombal, 21 Regents, emphasized that this was never a civil
war, but was very civil. Mayor Pro Tem Bromberg stated that he
indicated that this was close to a civil war. Mr. Brombal noted that,
last month, he recommended making a deal and now there is one for
90'. He stated that they embrace the proposal and are ready to move
forward as a community.
Peggy Stair, 2240 Port Durness, thanked Council Member Heffernan
and Mayor Pro Tem Bromberg. Regarding Council Member Glover's
statement, she assured everyone that they never did not want the
temple or did not welcome them to the neighborhood. She noted that
the church already has a building there and the entire community had
been fine with having them in the neighborhood. She emphasized that
everything will be fine and that this will be a good thing for the
neighborhood and the community.
Hearing no further testimony, Mayor Ridgeway closed the public
hearing.
Mayor Ridgeway reported that the lighting concern is addressed in the
original Planning Commission approval. He emphasized that the only
item being changed tonight is the height of the steeple.
Council Member Proctor stated that he had previously been co-counsel
with Mr. Talmo, but noted that he had not talked to him about this. He
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November 12, 2002
INDEX
indicated that Mr. Talmo answered his question about how the
appellants feel about this. He commended Mayor Pro Tern Bromberg
and Council Member Heffernan for bringing the community back to a
sense of community. He stated that he is supportive of the motion.
Council Member Glover stated that she just wants to be sure that the
church is comfortable with the height, adding that it appears they are.
Council Member Heffernan stated that, if this is what the
applicant/land owner wants, he will support the motion.
Noting that Mr. Talmo recently entered the picture, Mayor Pro Tem
Bromberg assured everyone that there had been no legal threats, a
lawsuit filed, or anything like that. He stated that this was never
about whether a temple should or should not be built, nor was it ever a
religious issue. The issue was about the steeple. He indicated that this
has worked out to everyone's credit. He stated that maybe the church
or residents will hold an open house to get everyone together.
Mayor Ridgeway commended Mayor Pro Tern Bromberg, the
appellants, and the church for getting together. He stated that he
would have supported the Planning Commission decision and that he
let Mr. Brombal and the others know that. He agreed that the 99' 9"
steeple would look very graceful, but assured everyone that the church
is desirous to move forward with the temple as compromised tonight.
Mayor Ridgeway stated that his perception from reading the materials
is that Joe Bentley represented the church well and indicated that they
were moving forward prior to the staff report. He noted that both
entities were under the impression that the Stake Center steeple was
71'. He reported that the staff report used working drawings and
emphasized that no one is at fault. He noted that the staff report listed
the steeple as 86', but the working drawings were wrong and were
given to the City by the City of Irvine. He reported that the appellants
admitted to him that they thought the steeple was 71' and was going to
write into the EIR that they did not think the existing steeple was 86';
however, they remained silent. He stated that Mr. Bentley also
remained silent probably because he, like the appellants, felt that the
staff report was correct. He stated that he is giving Mr. Bentley the
benefit of the doubt and believed that he should not be vilified. He
believed that Mr. Bentley was made the scapegoat when both sides
were laboring over a report that had improper information. He stated
that Mr. Bentley is a good man and that this should be put behind
everyone. He wished the church and the neighbors well.
The motion carried by the following roll call vote
Ayes: Heffernan, O'Neil, Bromberg, Glover, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
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Recessed at 8:20 p.m.
Reconvened at 8:25 p.m.
O. MOTION FOR RECONSIDERATION - None.
P. ADJOURNMENT - in memory of Paul Lee Hummel. Reconvened to
Closed Session at 8:25 p.m. Adjourned at 10:20 p.m.
The agenda for the Regular Meeting was posted on November 6, 2002, at
3:30 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building. The supplemental agenda for the
Regular Meeting was posted on November 8, 2002, at 2:30 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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