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Home My WebLink About20 - Newport Coast Community Center• CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. ZO February 24, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Homer Bludau, City Manager Dave Kiff, Assistant City Manager 9491644 -3000 or hbludau(acity.newport- beach.ca.us or dki_ffg_city.newport- beach.ca.us SUBJECT: The Proposed Newport Coast Community Center ISSUE: How should the City Council implement a recommendation from the Newport Coast • Advisory Committee (NCAC) relating to a proposed Community Center for the Newport Coast? RECOMMENDATION: Acknowledge the NCAC's recommendation to move forward with the planning and construction of the Newport Coast Community Center by: 1. Directing staff to consult with the NCAC in preparing for and cause a Newport Coast -wide advisory "protest" measurement as soon as is practicable of registered voters or property owners in the Newport Coast on the question of whether or not to construct a community center at Newport Ridge Park; and 2. Directing staff to investigate the process by which the City might acquire fee ownership of the proposed Center site (SE corner of Newport Ridge Park) via the acceptance of the Irrevocable Offer of Dedication issued by the Irvine Company to the County of Orange. 3. In advance of the protest measurement, directing staff to begin compliance activities under the California Environmental Quality Act (CEQA) for the proposed community center, including placing signage and story-poles at the proposed Newport Ridge Park site. 0 Newport Coast Community Center February 24, 2004 Page 2 • ALTERNATIVE RECOMMENDATIONS: 1. Accept the Committee's recommendation, deem its public outreach appropriate, and direct staff to prepare to issue a Request for Proposals for design and permitting work and /or a full design /build contract for the Center. 2. Direct the NCAC to conduct further outreach to the Newport Coast community regarding the proposed project. DISCUSSION: Background: On January 1, 2002, the City annexed about 7,700 acres to the southern edge of Newport Beach called the Newport Coast. This planned community - which consists of the San Joaquin Hills Planned Communit (now known as Newport Ridge) and the Newport Coast Local Coastal Program, 2" Amendment (known as the Newport Coast and Crystal Cove) - will eventually include about 10,000 residents, 5,200 dwelling units, and about 1,000 visitor accommodations. Previous to January 2002, the City and a group calling itself the Newport Coast • Committee of 2000 ( "NCUK ") negotiated - since at least early 1998 - a series of things that the City would do upon annexation. These were memorialized in a Pre - Annexation Agreement ( "PAA ") that was reviewed by the Local Agency Formation Commission ( LAFCO). LAFCO made the execution of the PAA a condition of the City's successful annexation. The Pre- Annexation Agreement ('PAA"). The PAA required the City to do the following things upon and following annexation: • Form the 7- member Newport Coast Advisory Committee (NCAC); • Appoint a Newport Coast Resident to the Aviation Committee; • Distribute $25 million over time to the Newport Coast. $18 million was to go to reduce eligible property owners' assessments and $7 million was to go to build a Community Center, assuming the community wanted one; • Investigate the administration by the County of Orange (and others) of various assessment districts in the Newport Coast; • Keep certain private parks private, assuming the NCAC so directs the City; • Maintain a police presence in the Newport Coast similar to that maintained in the remainder of the City; • Pay for residential curbside trash collection as long as residential curbside trash collection is done for "free' inside the city's November 1996 borders; • Maintain the same level of Fire and Emergency Medical Services as the Orange County • Fire Authority had provided; 0 Newport Coast Community Center February 24, 2004 Page 3 • Work with Southern California Edison to underground utilities; and • Maintain or fund the maintenance of certain properties that cities elsewhere might typically own, including fuel modification zones, street- adjacent slopes, and street medians and parkways. While several of the items within the PAA have taken a long time to implement, the NCAC and the City have made progress on each issue (except utility undergrounding). For example, property administration is set to transfer for certain eligible properties from the Newport Coast and Newport Ridge Master Associations to the City's contractor by March 15, 2004 and a consultant is working on the Assessment District Investigation now. The Newport Coast Advisory Committee ('NCAC "). The City Council, following the Pre - Annexation Agreement, formed the NCAC in early 2002. The NCAC includes four members appointed by the NCC2K and three members appointed by the City Council. The Council's appointees must include the council member or members who represent the Newport Coast. Currently, the NCAC membership consists of: • Jim McGee (Chairman, NCC2K appointee, member of the Newport Coast Master Association and resident of Pelican Hill) • Gerry Ross (Vice - Chairman, NCC2K appointee, president of the Newport Coast Master • Association, and resident of Ocean Ridge II) • Jack Butefish (Council appointee and resident of Newport Ridge Vistas) • Pat Fuscoe (Council appointee and resident of Crystal Cove) • John Heffernan (Council representative) • Dan Wampole (NCC2K appointee and president of the Newport Ridge Master Association) • Al Willinger (NCC2K appointee and resident of Ocean Ridge III) Because District #6 includes the Newport Coast today, Council Member Richard Nichols should be added to the NCAC by Council action sometime in the near future. Center Funding. The $7 million in design and construction funding for this Project will come from the $25 million received from the Irvine Ranch Water District as a result of a Settlement Agreement entered into by the City and IRWD in 2001. The Agreement does a number of things, including directing that the City would not pursue water and sewer service in the Newport Coast. The Fiscal Impact Analysis prepared in advance of the Newport Coast annexation assumed that the City would fund any ongoing staffing and maintenance needs for the City -owned Center using property, sales, and other taxes generated from the annexation (including library services, recreation programs, and building maintenance). Building a Community Center versus Assessment District Relief. The PAA directed that • $18 million of the $25 million from IRWD go towards assessment district relief (an amount that equals $1.2 million each year for 15 years). The PAA also said that $7 Newport Coast Community Center February 24, 2004 Page 4 million would go to build a community center of up to 22,000 square feet, including a gymnasium, a library, and a series of community meeting rooms - but only if the community wanted the center built. If the community did not want the Center built, the City agreed to add the $7 million to the $18 million and return it to eligible residents in the form of assessment district relief. Assessment district relief is provided to eligible property owners based upon a formula that reflects the amount of assessment owed by parcel. Larger parcels which pay more assessments receive a larger rebate. As more people buy property in the Newport Coast, the rebate amount goes down, since the rebate is set at $1.2 million per year and must be spread among more and more eligible property owners each year. In FY 2003- 04, residents received anywhere from roughly $80 to more than $3,000 in relief. The PAA directs that the $7 million for the Community Center, if returned to property owners, must be returned over three years. The following chart attempts to illustrate the return. Using the first row of figures, if a resident's rebate in FY 2004 was $ 105, adding $2.33 MN to the yearly relief for the next 3 years gives that person $ 475 more over 3 years. If rebate was $ 105 , then in 3 years you would receive $ 475 more. If rebate was $ 144 , then in 3 years you would receive $ 651 more. It rebate was $ 242 , then in 3 years you would receive $ 1,094 more. If rebate was $ 664 , then in 3 years you would receive $ 3,002 more. • If rebate was $ 776 then in 3 years you would receive $ 3,508 more. If rebate was $ 1,014 , then in 3 years you would receive $ 4,584 more. If rebate was $ 1,415 , then in 3 years you would receive $ 6.397 more. The Proposed Community Center - Location. Neither the Newport Coast LCP nor the San Joaquin Hills Planned Community text envisions a community center, so no specific site has been planned for one. After extensively examining available sites in the Newport Coast, the NCAC settled on a site within Newport Ridge Park adjacent to San Joaquin Hills Road and Newport Coast Drive. See graphic - Attachment A. The site at Newport Ridge Park was not the first choice of those persons on the NCC2K who worked on the Community Center idea initially - that site would have been a large parcel adjacent to the Newport Coast Shopping Center now occupied by 3 -story townhomes. The Irvine Company was not interested in selling that site for a Community Center and instead worked with a builder to develop the townhomes. Other possible sites included: • The proposed park in Planning Area #6. The Irvine Company told the NCAC that they did not want a Community Center at this site. NCAC members did not see it as a viable alternative because the park will not be developed until well into 2006 -07 and because it is at the farthest edge of the Newport Coast community. u Newport Coast Community Center February 24, 2004 Page 5 • The "Clubhouse Knoll" site near the Landfill. This site remains an option, though it is away from the geographic and population center of the community and may better be used in conjunction with any golf - related use at the now - closed Coyote Canyon Landfill. • A large parcel northerly of Pelican Hill Road. This residentially -zoned parcel - as yet unsold by the Irvine Company - is on the small side for a Community Center. As such, parking would be limited. Additionally, the Center would be adjacent to several residential communities (Pelican Hill and Montecito), possibly blocking views and adding to traffic in the area. See Attachment B for an aerial of these alternative locations. About Newport Ridge Park. Newport Ridge Park is today a privately -held, privately - maintained 13 -acre park. The Newport Ridge Master Association manages and maintains the park. The park includes two ballfields, tennis courts, restrooms, sand volleyball, a tot lot, picnic areas, and extensive turf areas. The SE corner of the park - the proposed location for the Center- is turf bounded by a walking path and trees. Newport Ridge Park is adjacent to the Coyote Canyon Landfill and contains limited aspects of the Landfill's methane mitigation system, including meters that measure . methane intrusion. However, a recent geologic test of the site (conducted by Pacific Soils Engineering, Inc. in March 2003) showed that none of the Landfill's refuse "footprint" is beneath the Newport Ridge Park site proposed for the Center. Newport Ridge Park - while private today - has an Irrevocable Offer of Dedication ( "IOD ") associated with it (document available in the City Manager's Office). This offer to dedicate the property in fee to the County of Orange, required of the Irvine Company by the County of Orange as a part of the development approvals for the San Joaquin Hills Planned Community, is dated April 1, 1993 and amended for the first and only time on December 23. 1994. The IOD specifies that only the County of Orange can accept the property. It specifies that the County's acceptance is subject to the County Park Abandonment Law of 1959 ( "Abandonment Act ") and that the County "shall not sell, assign, lease for other than a local park purpose, or in any other way transfer or convey interest in all or any portion of the Property to a 3`d Party or abandon the use of the Property for local park purposes except in accordance with the Abandonment Act..." (Government Code §25580 et seq.). The IOD allows the Irvine Company (and now the Newport Ridge Master Association) to maintain park improvements on the Property until the IOD is accepted. The IOD also specifies that Newport Ridge Park and a nearby park - Crestridge Park (in the interior of the Newport Ridge development) - allow the Irvine Company to satisfy 18.5 acres of its local park obligations for the Newport Coast development under the . Orange County Local Park Code and the San Joaquin Hills Planned Community Implementation Plan. Newport Coast Community Center February 24, 2004 Page 6 If the City were to construct the Community Center on this site, the following questions should be addressed: 1. Does the reduction of open park space caused by the Center and its parking area cause the SJH Planned Community to fall below the required acreage of parkland? 2. Can the City legally accept the IOD or does the County have to accept it and transfer the land to the City in accordance with the 1959 Abandonment Act? Alternately, can the IOD be amended to allow the City to accept the IOD? 3. Is a Community Center a "local park purpose?' Staff discussed these issues with an Irvine Company representative during the week of February 16'", 2004. The representative stated his understanding that the IOD could effectively be executed by the City (that LAFCO's annexation action effectively allows the City to stand in the place of the County on most matters) and that the Community Center could qualify as a local park purpose and not adversely impact the park acreage obligations of the developer in the Newport Ridge. The Proposed Community Center- Components and Design. As noted above, the PAA speaks to an up to 22,000 square foot facility with a full -sized gymnasium, a library facility, and community meeting rooms. At the Committee's recommendation, the City hired Betsey Dougherty of Dougherty and Dougherty LLP to do a preliminary assessment and schematic of what the Community Center might look like (contract value was $10,000.00). Ms. Dougherty, after working extensively with the NCAC's Subcommittee on the Community Center and after touring with the Subcommittee a similar facility in Laguna Hills, came up with designs that are shown in Attachments C and D. Dougherty's proposed design - which was accepted unanimously by the NCAC as the starting point for additional refinement - includes: • A gymnasium seating 240 people, with a small stage area for community theater and music events; • Three community rooms, two of which can be combined into one; • A kitchen capable of taking catering materials; • A branch library (about 5,000 sf); • A 135+ space parking area; and • Related restrooms, storage, and utility rooms. The design is intended to reflect the style of the Newport Coast, especially the style of the Newport Coast Shopping Center across the street from the proposed site. Further refinements to the proposal are expected - including issues like: 0 11 Newport Coast Community Center February 24, 2004 Page 7 • Is a library facility warranted? If so, should the library facility be modeled after the traditional branch libraries in CDM, Balboa, and Mariners or should the Newport Coast venue, due to its somewhat compressed size, focus on: Computers and periodicals, with book drop -off; or Children and Teens, including storytime reading rooms • Is the profile of the building - especially the gym - too high for the corner of NC Drive and SJ Hills Road - how might the height of the building be buffered? • Is parking adequate? • is the proposed access - a right turn in and right turn out of SJ Hills Road - appropriate? The NCAC, in its motion asking the City Council to move forward with the project, stated that it will address these and other design issues as the Project moves forward. Public Outreach Plan. To measure the Newport Coast community's interest in a community center, the NCAC embarked upon the following Public Outreach Plan to generate community discussion on the Project: • Newport Coast Advisory Committee meetings -- held once a month and open to the public. Each agenda included an opportunity to talk about the proposed Community Center. • Advertised Town Hall Meeting. Advance notice for the Town Hall meeting, held September 29, 2003 included: • Postcard mailing from the City to all NC residences; • Notification to all HOAs via e-mail; • Two banners at high - visibility points in the Community; • Display tables (with NCAC members at the tables) at the NC Shopping Center's Pavilions' store; and • Meeting notification to the Daily Pilot. About 100 persons attended the Meeting. The City distributed interest/opinion cards at the meeting. • Placement of the Dougherty & Dougherty design on the City's website (www. city. newport-beach.ca. us then "News /Events' then "Newport Coast Community Center ") and on the NCC21K website (www.newportcoast.org). • 100+ contacts at the table and displays in front of the Pavilions market during September and October; • HOA board meetings and resolutions - according to McGee and Wampole, both the Newport Coast and Newport Ridge Master Associations adopted resolutions supporting the Center as did the Ocean Ridge II and Pelican Hill HOAs; • E- mails; • Receipt of petitions, some in favor of the Center and some opposed; • A display table with diagrams at the Newport Coast Adventure Run (November 2003); • Support from the Newport Coast Moms Group; and Newport Coast Community Center February 24, 2004 Page 8 • Various NCAC members' and other Newport Coast residents' visits with neighbors. NCAC members say that "95 %" of the people that they talk with - once they understand the Project and its benefits - end up supporting it. They point to the support of the two master associations - which arguably represent the wishes of the entirety of the two largest homeowners associations in the Newport Coast- is indicative of the community's support for the Project. Please see comments in this regard from Jim McGee, Chairman of the NCAC - Attachment E. At the Town Hall meeting and previous to the meeting, the City assisted the NCAC in distributing cards and an opinion form to persons who attended the Town Hall or who were contacted directly at Pavilions. The quantifiable results of this 103 - person outreach method during and shortly after the Town Hall were as follows: • Persons who support the proposed Center or who lean towards supporting it: 48 • Persons "not sure" and "need to know more about it" 5 • Persons who oppose the proposed Center or who lean towards opposition: 50 What Advocates Say. Advocates of the Community Center support the Center for reasons such as these: • Newport Coast doesn't have a central gathering area for its residents and needs one; • The Center will be a place for all generations - children, teens, parents, singles, grandparents to easily enjoy recreation and library programming; • The proposed design and amenities are well- supported by residents once they hear about them and understand them; • Newport Coast needs a gym for gatherings and athletic events; • Plenty of outreach has been done on the Project - the messages sent by the two Master Associations confirm that a significant majority of Coast residents like the project; and • The alternative to the Center -- rebating the money to residents in the form of assessment district relief -- is of such small individual benefit as to be nearly worthless. What Opponents Say. Opponents of the Community Center oppose the Center for reasons such as these: • There isn't a need for a central gathering area - many HOAs have smaller gathering areas within HOA properties; • The Library component will be of limited use - the Central Library on Avocado is nearby and has all that's needed; • Taking away turf and open space in the area will adversely impact the quality of life and property values; • Too much traffic may be generated from the Center's use; • Many people would rather have the $7 million added to assessment district relief; and • The outreach effort hasn't reached all the people it needs to reach. 0 0 Newport Coast Community Center February 24, 2004 Page 9 Is the City legally bound to accept the NCAC's recommendation? The PAA - specifically Section 7 (included fully in Attachment F) but other parts as well - dictates the role of the NCAC in the Community Center discussion. Here are selected parts of the PAA: Section 7 - Subsection F ...if the Committee deems the Center desirable, it shall make recommendations to the City Council and the County regarding the most appropriate location for the Community Center Possible locations include a site within or adjacent to Newport Ridge Park or within a park to be constructed at the top of Ridge Park Road The Committee shall submit recommendations regarding the preferred location of the Community Center, and the reasons for the recommendation, to the City Councii and the County for appropriate action. The Committee shaii endeavor to recommend a site for the Community Center that wiii not require the approval or amendment of any discretionary land use approval on the part of the City, County or other public agency This Agreement shall not constitute a commitment of the City or the City Council to approve any discretionary permit or approval that requires a public hearing pursuant to State or local law However, the City Councii shall use its best efforts, to the extent permitted bylaw, to approve permits and grant land use approvals necessary to the design, siting and construction of the Community Center. Section 7 - Subsection G The design of and amenities in, the Community Center shall be developed by Committee and submitted to the City Council for final approval, The City Councii shall, to the fullest extent permitted by taw, use its best efforts and good faith to approve the Community Center as proposed by the Committee. The design of the Community Center shalt take into consideration and be consistent with the funds available for construction and the architectural style of the Newport Coast. Section 1 - Subsection B ... The Parties acknowledge that the County and the Company have, for thirty (30) years, been involved in the planning for development of the Property. This lengthy planning process has culminated in a complex and fully integrated plan (Development Plan) for the preservation and development of the Property that is reflected in numerous planning documents and land use decisions ('Development Approvals'). The failure properly to implement the Development Plan and Development Approvals could deprive the public of the benefits of the proposed open space dedications and deprive Newport Coast residents of certain amenities. NCC2K acknowledges and agrees that City shall not be required to perform any duty or obligation pursuant to this Agreement that would constitute a breach of the Related Agreements. The Parties also agree that the City shall perform its duties with respect to the siting of the Community Center and the development, use, operation and maintenance of open space /recreational facilities in a manner that does not impair or interfere with the City's obligations pursuant to the Related Agreements. Section 1 - Subsection C ... This Agreement establishes certain obligations of the City with regard to assessment district debt relief, the siting and construction of a community center or the use of funds allocated for the community center to increase assessment district debt relief and the assumption of the responsibility to maintain certain slopes, parkways, medians and other open space upon request Newport Coast Community Center February 24, 2004 Page 10 of a homeowner association. The Parties acknowledge that they have not fully evaluated the means and methods of or the legal or practical impediments to, implement and fulfill those obligations. Accordingly, the Parties agree to use their respective best efforts and good faith to identify and implement alternative methods or means of achieving the obligations of the City. Each of those sections noted, the City Attorney has opined to the City Manager that the City Council may in good faith accept or may modify the NCAC's recommendation in whatever matter the Council sees fit. Optional Methods of Voting. If the Council desired that staff conduct an advisory vote or protest measurement of the Newport Coast population on the question of whether to build a Community Center at Newport Ridge Park, it could do so in the following ways: 1. Place the matter formally on the November 2004 General Election ballot to be asked of all registered voters (estimated to be 4,000 persons) in the Newport Coast (estimated cost = $1.50 - $2.00 per registered voter or up to $8,000); 2. Send a mailed ballot (similar to that done for utility undergrounding districts) to all property owners or registered voters in the Newport Coast at any time (estimated cost = about $0.60 per household or $2,400); The question before the respondents could be phrased similarly to how protest measurements under LAFCO law are held - where a majority of the registered voters or residential property owners in the area would have to vote "no" for the Project to not go forward. Newport Beach and Story Poles. Traditionally, the City has not required applications for development projects to use "story poles" to delineate the mass and height of large structures under consideration by either the Planning Commission or the City Council. However, in recent times, applicants have done so - often at the suggestion or direction of the Planning Department, Planning Commission or Council. These projects include: • Proponents of the proposed Newport Dunes Resort (north of PCH and west of Newport Dunes) used balloons to delineate the height of the resort project. • The Church of Jesus Christ of Latter Day Saints used a crane to show the height of the spire associated with the Church's proposed temple on Bonita Canyon Drive. Other cities with view concerns require story- poling for many, if not all, development projects that change the visual features of a site or a building. These include communities like Laguna Beach in Orange County and Los Altos Hills, Monte Serreno, Woodside, Atherton, Hillsborough, Saratoga, and the unincorporated areas in Santa Clara County. E 0 Newport Coast Community Center February 24, 2004 Page 11 An Example of Story -Poles in Santa Clara County According to Patrick Alford of the Planning Department, the City has only required story . poles on "a few residential projects that exceed height limits.... In 1999, the Planning Commission adopted a Commission policy stating that, at their discretion, story poles may be required for use permits and variances for projects that exceed the basic height limit or are in excess of residential floor area, floor area ratios or building bulk limits." There is no requirement in the Code that the proposed Community Center have story poles. But if the Council desires that the Project go through this process, it can so direct staff to construct the poles for a period of time on the Project's proposed site. Does Measure S Apply? Newport Beach's Measure S ( "Green light ") generally requires a vote of the people for any project that requires an amendment to the General Plan and "significantly increases" traffic, density, or intensity. Because the Newport Ridge Planned Community Text allows for up to 155,000 square feet for "community facilities," Planning Department staff suggests that the proposed Newport Coast Community Center (at 22,000 sf) is not likely to require a General Plan Amendment and therefore will not require a Greenlight election. For More Information. Residents who seek more information on the proposed Newport Coast Community Center can use the following: Websites www.city.newport- beach.ca.us then . "News /Events" then "Newport Coast Community Center. www.newportcoast.org Newport Coast Community Center February 24, 2004 Page 12 E -Mail ncac @city. newport- beach. ca. u s Telephone 949 - 644 -3002 NCAC Meetings NCAC meetings are held the first Monday of every month and typically convene at Newport Coast Elementary School's multi - purpose room. Check the City's website and the "Monthly Meeting Calendar" for updated information about the NCAC. Committee Action: At its February 2, 2004 noticed public meeting, the NCAC voted 6 -0 (Council Member Heffernan was not asked to vote and Council Member Nichols is not yet formally a member of the Committee) to approve the following motion: "That the NCAC recommends that the Newport Beach City Council mo ve forward to implement the Newport Coast Community Center project with the understanding that certain design features are yet to be determined and will be incorporated as the process mo ves forward. " Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. However, the project itself is subject to the California Environmental Quality Act — as such, the City must evaluate the environmental impacts of the Project via CEQA's tools, including a categorical exemption, a negative declaration, a mitigated negative declaration, or a full environmental impact report. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability: Funding for the Newport Coast Community Center — while not budgeted within the City's annual operating budget — has been set aside in a Building Account that holds or will hold $7 million in proceeds from a 2001 Settlement Agreement between the City and the Irvine Ranch Water District. Alternatives: Two alternatives are suggested in the Recommended Actions section of the Report. Submitted by: Homer L. Blu u City Manager Dave iff Assista City Manager is � � .�' ,.r �:. I •3 rte._ � f. Preferred Site t: ' for NC C f' t` .. ': —. n. �,_ � � t.. 1. %.: �t�t �<• c. .�.{ °' 1 aw.' .n.ivTwii7FlfWf.. `,' i• X '. NI,' i1.•1{�Nd. l� "rrv.Ai:. J .V �. f . ^••� ;`!�i1 • �� 6. �" {�� •1" � � l:. ter• l{ �' .�(I •r'r ••;Ml`.. �� t l t� ti' i'.Tr Y<'_ z 1:� r / °- •C . l . >.Y./ 11a 1m �y 1iT JdRL 1 Newport Coast Community Center February 24, 2004 Page 15 0 Attachments C & D Proposed Interior of Community Center (courtesy of Dougherty and Dougherty) Proposed Exterior of Community Center (courtesy of Dougherty and Dougherty) Available on separate document— large computer memory required 0 Newport Coast Community Center February 24, 2004 Page 16 0 Attachment E Comments from Jim McGee, Chairman of the NCAC Jim McGee, discussing this staff report and its recommendation for an advisory vote, offered the following comments in an e-mail dated February 18, 2004: "Adequacy of Outreach. Everyone in the Newport Coast has been mailed a newsletter from the City at the time of annexation, a town hall meeting notice, and a newsletter by either the Coast or Ridge Master Board, each of which discussed in detail the Community Center, and the latter two of which stated that the outreach was under way and that it would conclude with a recommendation by the NCAC to the Council which the Council would follow.... The elected officials who represent every homeowner in the Coast and Ridge have voted unanimously to approve the CC. "The Question of a Vote. Some people did speak in favor of a vote at the town hall meeting -- 2 to my recollection. While City staff suggested a vote in the agenda for the meeting but it was one of the ideas that were not accepted by the NCAC. Once the outreach program was adopted in July 2003 by the NCAC, aside from the 2 people at the Town Hall Meeting who asked for a vote, no City staff member, to my knowledge gave any indication in the ensuing 6 months, that we would go thru outreach and then City Staff would suddenly recommend an advisory vote. We discussed outreach at every meeting and kept the City advised of the progress. Aside from the City's July 2003 suggested list of outreach components which included a vote, never during any of the meetings thereafter did City staff advise the committee about a possible staff recommendation of a vote. If that was even a thought, in the interests of being forthright there was an obligation upon City staff to stand up and say it.... "I believe that good government recognizes the need to make timely decisions and to not govern by advisory votes which can be fraught with problems and, if perfect (something that can not be achieved by a mail ballot), merely replicates what the City has already seen via the Resolutions of the Master Boards who are elected by the residents. "Lastly, the process agreed to by the City in the Pre Annexation Agreement, which document was relied upon by the Coast residents who chose not to protest the Annexation, does not anticipate a vote, advisory or otherwise. The Pre Annexation Agreement states that the NCAC will conduct a public outreach program, and will thereafter make a recommendation to the Council regarding whether or not to build a community center, and the Council will use its best efforts to approve the recommendation. In July 2003 the NCAC, at a public hearing discussed an outreach program and its various elements. It approved by resolution an outreach program that did not include a vote, although that was one of the components considered but not adopted. Between July, 2003 and January 2004, the NCAC conducted a thorough outreach program, and as reported at the February, 2004 meeting, in great detail, of the more than 500 residents who were contacted less than 5% voiced any form of opposition AND the 2 Master Boards that represent all of the Coast and Ridge residents unanimously passed resolutions to support the construction of the Community Center. To the many residents who volunteered their time to collect petitions, sit at tables outside the Pavilion' Market at an information booth where 250 -300 people stopped by and discussed the issue, and who walked the neighborhoods to knock on doors, now having to take an advisory vote seems like a slap in the face and a waste of their time. Had the City staff ever suggested that once the outreach was concluded it would then recommend to the Council a vote, instead of accepting the results of the outreach and the recommendation of the elected officials of the residents, the outreach would have never been undertaken." Newport Coast Community Center February 24, 2004 Page 17 Attachment F Section 7 of the Pre - Annexation Agreement COMMUNITY CENTER. The propose of this Section is to implement the obligation of City to use up to $7 million (separate from the Allocation Account revenue) received pursuant to the Contract to construct a Community Center. The City shall, in locating, planting and constructing the Community Center, adhere to the following: a) Fund Transfer. City shall, within three (3) working days after receipt of S15 million into the Receipt Account, transfer $7 million to the Building Account. b) Use ofFunds. Allocation and disbursement offin ids in the Building Accoinu maybe used only to pay (or reimburse in the case of the City advance) the actual costs (exclusive of the time spend by City staff and officials and any non - monetary City resources) of obtaining necessary permits for, designing and constructing the Community Center. c) Use of City Stuff City shall use its best efforts to minimize the use of outside consultants to perform tasks related to the design, siting and construction of the Community Center by assigning those tasks to City staff to the maximum extent feasible. d) Fund Advance. City shall, upon approval of a budget amendment by the City Council, advance up to $100,000 for use by the C'omnnittee for the siting, planning and design of the Community Center. Funds advanced by the City shall be reimbursed f-om the Building Account upon receipt of revenue pursuant to the Contract. e) City Obligations. City shall be responsible for funding the furnishings, fixtures and equipment (FF &E) for the Community Center out of funds other than fiends in the Building Account or Allocation Account. City shall waive any and all fees normally charged for applications for any permit necessary to plan, design and construct the Community Center and shall request waivers from any other public agency required to issue any permit or grant any approval for the Community Center. City may use finds in the Building Account to pay any costs related to the application for, analysis of or processing of any discretionary land use approval required as a pre- condition to development of the Community Center on the proposed site, only to the extent City is required to make payments to any public agency. f PlamdnglLocution. The Committee shall hold open, noticed, and public ,neetings as it considers the Newport Coast community's interest in the Community Center. If the Committee deems the Center desirable, it shall make reconmemdaiions to the City Council and the County regarding the most appropriate location for the Community Center. Possible locations include a site within or adjacent to Newport Ridge Park or Newport Coast Community Center February 24, 2004 Page 18 within a park to be constructed at the top of Ridge Park Road. The Committee shall submit recommendations regarding the preferred location of the Community Center, and the reasons for the recommendation, to the City Council and the County for appropriate action. The Committee shall endeavor to recommend a site for the Community Center that will not require the approval or amendment of any discretionary land use approval on the part of the City, County or other public agency. This Agreement shall not constitute a commitment of the City or the City Council to approve any discretionary permit or approval that requires a public hearing pursuant to State or local law. However, the City Council shall use its best efforts, to the extent permitted by law, to approve permits and grant land use approvals necessary to the design, siting and construction of the Community Center. g) Design Parameters. The Community Center shall consist of a structure that contains approximately 22,000 square feet offoor area available to the public and may contain a gymnasium, library and community meeting rooms. The design of and amenities in, the Community Center shall be developed by Committee and submitted to the City Council for final approval. The City Council shall, to the fullest extent permitted by law, use its best efforts and good faith to approve the Community Center as proposed by the Committee. The design of the Community Center shall take into consideration and be consistent with the firnds available for construction and the architectural style of the Newport Coast. h) Construction. The construction of the Community Center is anticipated to commence between 2002 and 2004. The Community Center shall be constructed in accordance with the provisions of State and local laws applicable to public works projects. In the event City does not commence construction of the Community Center on or before June 30, 2004 and the Committee does not extend the deadline, the Committee shall make a recommendation to the City regarding the desirability of pursuing completion of the project or to transfer the funds to the Allocation Account as provided in Subsection 6). i) Use and Operation. The City shall operate the Community Center and install FF &E appropriate to the permitted uses of the Community Center. The FF &E shall be installed no later than sixty (60) days after a certificate of occupancy has been issued for the Community Center. City shall own and operate the Community Center and adopt a community access and use plan based on recommendations by the Committee. The approved access and use plan shall give a priority rise by, and advance reservation preference to, Newport Coast residents and homeowner associations without unduly restricting public use of the Community Center. j) Remaining Funds. In the event the Community Center is constructed and funds remain in the Building Account, the remainingfunds in the Building Account shall be transferred to the Allocation Account and used to reduce assessment district debt as soon as feasible. Newport Coast Community Center February 24, 2004 Page 19 I] k) Reallocation. In the event the Parties decide not to construct a Community Center, all finds remaining in the Building Account shall be transferred to the Allocation Account for distribution as a part, and on the Anniversary Date, of the next three Subsequent Facility Expenditures after the dale of the decision. • 0 +, isillillillilill � » $ aei ° !! � ae. ƒ \\ : \, C � \ Z I [ . ¢ : m � ( ITS / % .AMP .� � » $ Sw k F.j 'yep IL axm - Ff t Sw k F.j 'yep alp.- .............. • ream, IAN" iii j is : #z A Community Center for the Newport Coast Newport Beach City Council February 24, 2004 NC Community Center ■ The PAA and the Funding ■ The Locations • The Preliminary Design Work • The NCAC's Outreach • Options for the City Council • How to find out more 1 The PAA and Funding • City annexed the Newport Coast on January 1, 3002 • Pre - Annexation Agreement said that City would set aside $7 million for either: ■ A Community Center (with gym, library, and meeting rooms), or ■ Additional rebates to eligible residents for assessment district debt (adding $7 million to the S18 million currently authorized) ■ Funding came from City -IRW D Settlement Agreement What the PAA Envisioned • A Community Center of up to 22,000 square feet, including: ■ A full -size gymnasium with bleachers and a stage ■ A library facility ■ 2 -3 community meeting rooms • Owned and staffed by the City. • Meeting rooms would have reservation preference system for Newport Coast residents. 2 *,sz � I awlE Preliminary Designs Preliminary Designs 71, Ir 0 Outreach by NCAC ■ Monthly NCAC Meetings ■ Advertised Town Hall Meeting held September 29, 2003 — notice included: • Postcard mailing to all NC residences; • Notification to all HOAs via e -mail; • Two banners at high - risibility points in the Community; • Display tables (with NCAC members at the tables) at Pavilions' store; and • :Meeting notification to the Daily Pilot. ■ Placement of NCCC design on the City's website ■ 100+ contacts at the Pavilions table Outreach by NCAC • HOA board meetings and resolutions — includes support from: • -Newport Coast blaster _Association • Newport Ridge blaster Association • Ocean Ridge II • Pelican Hill • Receipt of petitions, some in favor of the Center and some opposed; • A display table with diagrams at the Newport Coast Adventure Run (November 2003); • Support from the "Newport Coast Moms" Group; and • Various NCAC members' and other Newport Coast residents' visits with neighbors. 5 "When people learn about it, they like it..." • NCAC members say that "95"0" of the people that they talk with — once they understand the NCCC — end up supporting it. • They point to the support of the 2 master associations — which represent the 2 largest homeowners associations in the Newport Coast — as indicative of the Newport Coast community's support for the NCCC. • Additional comments in Staff Report from Jim McGee, Chairman of the NCAC. The Alternative — AD Relief* ■ Adding $7 million to assessment district relief over 3 years (as directed by the PAA) means: • If your rebate was S 105, you'd get $ 475 more over 3 years. • If your rebate was S 664, you'd get S 3,002 more over 3 years. • If your rebate was $ 1,014, vou'd get $ 4,584 more over 3 years. • If your rebate was S 1,415, vou'd get $ 6,397 more over 3 years. * Estimated. Assumes ]0 ° %o housinggrowth in the Newport Coast per year. 0 Options for the City Council • Deem the outreach appropriate and move forward with CEQA and Center's Plans and Specifications. • Ask for more outreach. • "Story pole" the site — include a telephone number and e -mail address to encourage people to offer opinions. • Ask for a vote — should the vote: • Be adx-isory only? • Be set up such that a majority- must vote "no" for the project not to go forward? • Offer residents a choice between the S7 million for a Community Center or $ 7 million back in Al) Relief? • Staff Recommendation: Story pole + advisory vote with a quick turn - around time (30 days). For More Information... ■ City's Website: ■ www.citti.newport- beach.ca.us then "News/ Events" then "Newport Coast Community Center." ■ www.newportcoast.ore ■ E -Mail: v • ncackcitv.newport- beach.ca.us • opinions ncity .newport- bea ch. ca. us ■ Phone: ■ 949 -644 -3002 7