HomeMy WebLinkAbout01 - Minutes - 7-13-04 & 7-19-04July 27, 2004
Agenda Item No. 1
CITY OF NEWPORT BEACH
4 ¢J N '0 i t. 1'tc.: Clc :lA
City Council Minutes
Study Session
July 13, 2004 - 5:14 p.m. INDEX
NEWPORT BEACH PUBLIC FACILITIES AUTHORITY MEETING — 5:13 p.rn.
ROLL CALL
Present: Heffernan, Rosansky, Bromberg, Webb, Nichols (arrived ), Mayor
Ridgeway
Absent: Adams (excused)
CURRENT BUSINESS Y�
t; 3
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Council Member Heffernan noted that a map was mot inclpred with Item 6
(Proposed Shopping Center Project). Assistant City T% � er Wood indicated
that either a site plan or an atlas sheet will be provided bylru ht's meeting.
Z. IRVINE RANCH WATER DISTRICT �Ilt1�ZD) ORAL YRE XTA ION.
• Assistant City Manager Kiff stated that tre Irvine'Jt2n(ih Watc'r District (IRWD)
requested to come before Council to highlight the i;iMdzorhey are working on
that help Newport Bay.
John Withers, IRWD' Board o - Directors President, stated that he became
r,,,,,.
President after seiv�ng on the, Board for 15ryears and wanted to conduct
mu
outreach to the conlnitleS.IRWD sery during his year as President. He
reported that they are to the processof�Yr. +nsitioning from an engineering -
focused organization to on Ahat is morc'[ocused around customer service. He
utilized u 1'owerPoint presrnt�a4un, 2porting that IRWD serves Irvine, Newport
Coatit, Santa Ana $��Bhts, a smMi:piece of the Back Bay, and portions of other
surrounding Cornmxtau`ties. Mr "ithers stated that they focus on water and
N"
wastewater treatmentd reported that their drinking water comes from local
groinha*ater wells and also imported from the Colorado River. He indicated
that thetollect and at wastewater at the Michelson Water Reclamation
Y °'
Plant in Iii ,e and aP`ibe Los Alisos Reclamation Plant in Lake Forest, and
produce abouY��B...a�uillion gallons of recycled water a day that is used for
landscape irrigatt6n and other non - potable uses. He stated that their newest
service involves the treatment of urban runoff by using reconstructed wetlands.
Mr. Withers indicated that they have worked hard to have a diverse and reliable
water supply. He reported that IRWD has sought to reduce its dependence on
imported water by developing over 21 local wells in the past 25 years.
Additionally, the water reclamation program allows them to stretch limited
water supplies instead of use drinking water for irrigation and other non - potable
uses. He stated that their future goal is to further reduce the percentage of their
imported water supply to keep their rates low and their supply reliable.
• Mr. Withers reported that 40% of their water supply is imported; 42% is local
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City of Newport Beach
Study Session Minutes
July 13, 2004
groundwater; and 20% is recycled water.
Paul Jones, IRWD General Manager, indicated that IRWD has invested a lot of
study time to implement weather -based controllers that automatically adjust to
factors like the weather and soil conditions to help with water conservation and
urban runoff. He reviewed the five -tier rate structure in which they allocate
water to each customer depending on their outdoor and indoor needs. He
indicated that the allocation represents the first two tiers (low volume and
conservation categories). He noted that people can also get waivers for events
like filling pools. He pointed out, however, that people using in excess, fthe
base are charged two times, four times, or eight times the base ratel.He�nokd
that they contact customers in the higher tiers to see if there is a� �blew like a
water leak. Mr. Jones indicated that this program was intcndedlb' address
water conservation, but they have also seen a benefit with ury rung ft trol.
He stated that the money they receive from the pena�ky s (ine nt,
excessive, and wasteful categories) is used to fund the conservation progr ms:
<r
He explained that, after a person uses its first 100 cu. ft. of water, they start 'to_'
climb up the tier. He assured everyone that people can still have lush'
landscaping in their yard. Mr. Jones reported that a.very small percentage of
c>.
customers will be constantly in the penalty tiers II�'`noted, �owever, that they
will waive the penalty if the charge was due to a probble &..like a leak and the
customer fixes the problem and returns to normal consumption He agreed that
a good customer service component is required to support this'system, but they
have found that their customers are accus�omgd W this sytem.
@ ,..:
Mr. Jones reported that there are two tzrtiary tieatment� plants in which they
e Ate6
treat water to a tertiary level that include'�primery aii� "secondary filtration and
then disinfection with chlorine.. Ile stated tha£`11ZWD has one of the largest dual
distribution systems in.the country and one'':'o£ the largest number of individual
customer connections. lie- reii rated that having this enables IRWD to not
purchase additional expensive Metropolitan 11'6 tter District (MWD) water and is,
to some extent, a' wdter&aving.ineasure
Mr. Jome -tated that they also supply water to the Green Acres project during
the winger. - He Feported that . be water that comes from the Orange County
Water',' istrict is..abouTt 1,000 pftbt per million total dissolved solids (TDS);
however, IRWD's wif;Rr.is abouf 700 parts per million. He indicated that they
�a'va n working w i y' ity staff to see if they can change their system so the
salt le is reduced at We golf courses. He noted that, as you get closer to 1,000
TDS. th_a}rways turrown. Mayor Ridgeway noted that the two golf courses
that are ha problems with the fairways have not been using Green Acres
water for abo =_ _LX iuonths.
Mr. Jones repQited that the Deep Aquifer Treatment System Project takes water
from the deepest part of the groundwater basin. He stated that a deep aquifer
has very high quality water, but it has a natural organic brown color. He
indicated that this project uses membranes to filter out the color. He added that
it also has low TDS.
Mr. Jones reported that they began restoring the San Joaquin Marsh in 1995.
He stated that it is about 320 acres and they pump water from San Diego Creek,
take the water through the 65 acre pond system to remove about 75% of the
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Study Session Minutes
July 13, 2004
INDEX
nitrogen from the water, and return it back to the San Diego Creek to go back to
the Upper Newport Bay. He noted that nitrogen encourages the growth of algae
mats in the Bay. He reported that they also manage sediment basins that are
excavated every several years. Mr. Jones stated that the Natural Treatment
System Project takes the same concept used in the San Joaquin Marsh and
Wildlife Sanctuary for the treatment of wetlands and expands it to the entire
San Diego Creek Watershed. He indicated that they considered 71 sites, but will
be constructing at 31 sites.
Mr. Jones stated that they were concerned that, after the flood season, the was
a substantial amount of trash along San Diego Creek. He indicate :�ha�e�
installed a trash boom through a pilot program last year to see would be
effective in capturing anything. He reported that, between fal d now,
they collected 1,152 lbs. of styrofoam, 630 lbs. of plastic, 5 lbs. —rru her,
120 lbs. of metal, 98 lbs. of glass, and 34 lbs. of paper 11 to that tie ll
continue this pilot program and also determine why trashas: the boo
Mr. Jones reported that the San Joaquin Reservoir has 1
c.:,
He stated that it was originally a drinking water resery
enhanced surface water treatment rule passed in Coiigr'
drinking water reservoirs that did not have downstrea —im
He indicated that they felt that it was not cost effective
He noted that there was a landslide,.at the reservoir
buttressed. Further, the reservoir wa
reported that work began in January
• the work entails filling in Canyon C, cons
a new liner, aeration system, surge outl
and perimeter access road, e noted
chlorination facility. Jie' reported that t$e will begin to put water in the
reservoir at the end:rof calOendar year d the water will come from the
Michelson Water Redamation Pant. He staff shat the reservoir will supply
their reclaimed water system but he has riot heard anything about surrounding
r< ei
residents being able to use the water {or iherr landscaping. He indicated that, in
order to do tvhi�a there wow eed to Ue a connection, upgrades to the pipeline,
and the pi;- ii es'would �
with African
empty since 1994.
owever, when the
O-W wired that all
tment be covered.
)ver the reservoir.
was repaired and
t2twed flogs. He
e^e stated that
np, and putting in
, wash down line,
rehabilitating the
the
ones stated `tl-
Trine and Water
looking
runoff, an
three phases
and installing
need to be enlarged.
they, have been working on the Buck Gully Flow
tality' Project for over a year with the City, the Orange
id The Irvine Company. He indicated that they are
vater runoff coming down the canyon, the quality of the
educe the amount of runoff. He stated that there are
ram which include monitoring the baseline for a year
ised evapotranspiration OM controllers.
3. TOP STAFF PRIORITIES FY 2004 -05.
City Manager Bludau reported that staff individually comes up with seven
priorities, they are taken to the management team, and they come up with the
top 10 priorities for the upcoming fiscal year.
• Mr. Bludau utilized a PowerPoint presentation, stating that Priority 1 is to
resume the process of planning a replacement or renovated City Hall and other
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City of Newport Beach
Study Session Minutes
July 13, 2004
public safety facilities for Police, Fire, and Lifeguards. He indicated that this
priority involves meeting with City Hall adjacent property owners to determine
whether any property adjustments and/or planning coordination might be
advantageous to the parties involved; conducting public outreach regarding the
potential City Hall facilities; preparing and conducting public review of City
Hall concepts; moving forward with working drawings and specifications;
undertaking an assessment process to determine the quality of the City's
essential public safety structures in order to plan for future needs; and
determining a priority for the replacement/renovation of the City's essential
public safety structures. Mr. Bludau noted that the priorities this are
mostly capital improvement projects. He believed that the City has d
job over the years in meeting the community's needs in terms of aries an
other facilities; however, the City needs to take a look at public
facilities.
Mr. Bludau reported that Priority 2 is to begin construct�ori h7,gew Man`WER;
Joint Use Library and adjust the playing fields to accoinmoda the new facility
with the intent of occupying the library before the.end of 2005. He noted that
this is the third year this item has been on the list. Hecated that this
priority involves making the needed adjustments 'to. ad3 nt sports play
fields in order to accommodate library and tennis cour ructio ;bidding the
project; awarding the bid; and beginning construction in a mber.
INDEX
a.;
Mr. Bludau reported that Priority 3 is'to''finalize the land yacion, develop
plans and sperm cations, and begin con' ructii'1 Lthe Sanights Fire
Station and Training Facility by June 30, noted that the staff •
members responsible for this priority e�' lic ' s Director Badum,
Building Director Elbettar %an'st.ommencing'�-ivith, ant CityfZvl3nagcr r , and Fire Chief Riley.
He indicated that this "p involves` concluding property acquisitions;
selecting a project architectthe prep aration of plans and
specifications. �; i.
Mr. Bludau repurted that Priority 4 is to, complete the analysis of the General
Plan land use alternatives,hselect the preferred land use plan, and draft policies
with the'.General.Plan Advisory. Committee (GPAC). He noted that the staff
members responsible for thi riorny are Planning Director Temple and
Assistant City M" er R' He indicated that this priority involves
c&4 iiAidating the lair vse alternatives developed by GPAC subcommittees;
analy7a g the four alternatives by using models to determine fiscal and traffic
impacts�-an%d� other env�ionmental impacts; holding a public workshop on land
use alternatives- selecting the preferred land use plan; and working with GPAC
to develop policies. foi all the General Plan elements.
I'
Mr. Bludau reported that Priority 5 is to work cooperatively with Coastal
Commission staff on the certification of the Local Coastal Program (LCP) Land
Use Plan; resolving outstanding issues; and educating the Coastal Commission
on how the City's policies comply with the Coastal Act.
Mr. Bludau reported that Priority 6 is to begin preparing plans and
specifications for the new Newport Coast Community Center. He noted that the
staff members responsible for this priority are Public Works Director Badum, •
Assistant City Manager Kiff, and Recreation and Senior Services Director
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City of Newport Beach
Study Session Minutes
July 13, 2004
Knight. He indicated that this priority involves developing conceptual plans for
a $7 million community center, including association costs; and proceeding with
the preparation of plans and specifications.
Mr. Bludau reported that Priority 7 is to reach an agreement with the YMCA on
an operations agreement for the Santa Ana Heights Community Center, finalize
the conceptual development, begin the preparation of plans and specifications,
and purchase the property. He noted that the staff members responsible for this
priority are Public Works Director Badum, Building Director Elbettar, Assistant
City Manager Kiff, and Recreation and Senior Services Director Knight.,
Mr. Bludau reported that Priority 8 is to develop an action plan fo Morning
Canyon slope stabilization and vegetation management, and ding for
plan implementation using this process as a template for Buck korks y. noted
that the staff members responsible for this priority are Pub � 6D'tre or
Badum, Building Director Elbettar, Assistant City Mangg[ Kid Fire hie£
Riley. He indicated that this priority involves receiving the consultant plan;
conducting public outreach with adjacent property owners; initiating the CEQA
process; and making funding applications to appropriate agencies
.,
Mr. Bludau reported that Priority 9 is to move fordaa with sphere issue
discussions with the County regarding the Coyote Canyon. _•_dfill, assumption
of tideland responsibilities, the redevelopment agency, aiid�Jf e John Wayne
Airport (JWA) oversight. He noted t}ia staff members responsible for this
ft
priority are City Attorney Burnham, the fSeW t v Attorney, nd himself. He
indicated that this priority involves coAhuQ tb fto t information on sphere
issues in order to fully understand theii, details anential impacts; and
submitting an offer to theeCounty regard` ing the CitYs willingness to accept
certain responsibilities,on sphere issues.
Mr. Bludau reporfefd�,that Priority 10 is to develop a Citywide "Succession
Plan ning/Leadership`ZFayning Program -and 'associated training for internal
talent. He noted that. thes aff mcm`icrsi'esponsible for this priority are Human
Resources Director Axle Bu ldin g Director Elbettar, Police Chief McDonell,
and Fire Chief Riley. lie m ca ed that this priority involves ascertaining the
level of interest' oifitz ty em ees: identifying the core training components
using employee inpeveloping training materials for each core component;
and initiating a train rogram. He reported that, over the next five years, a
significant number of tide department heads will be leaving the City. He stated
that it i "s Y ne to addrj where future leadership will come from and to start a
program to Identify an.Irtrain talent so the City does not have to look outside for
I .F
people. Y ' .2q
In response tai Council Member Heffernan's questions regarding contract
negotiations with City employees, Mr. Bludau reported that all of the contracts
will be coming up in the next 12 months or have already been taken care of. He
stated that this is an ongoing process and something the City has to do anyway.
Mayor Ridgeway indicated that the ten priorities are discretionary and any of
them can be removed. Council Member Heffernan noted that some of the
priorities are ongoing and seem to have a life of their own. He believed that,
from a cost perspective, labor costs would be the biggest item.
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City of Newport Beach
Study Session Minutes
July 13, 2004
Mayor Ridgeway requested that the priorities be given to Council in a memo.
PUBLIC COMMENTS - None.
ADJOURNMENT - at 6:10 p.m. to Closed Session to discuss Coyote Canyon and
the Marinapark lease.
The agenda for the Study Session was posted on July 7, 2004, at 3:30 psn. on
the City Hall Bulletin Board located outside of the City of Newpq each
Administration Building.
City Clerl
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INDEX
•
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0 CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
July 13, 2004 - 7:00 p.m.
STUDY SESSION — 5:00 p.m.
CLOSED SESSION - 6:10 p.m.
DRAFT
INDEX
A. RECESSED AND RECONVENED AT 7:00 P.M.-FOR REGULAR MEETING
B. ROLL CALL
Present: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Absent: Adams (excused)
C. CLOSED SESSION REPORT — Mayor Ridgeway announced that the
Marinapark lease discussion has been continued to a special Closed Session
hearing to be held on July 19, 2004, at 2:00 p.m.
• D. PLEDGE OF ALLEGIANCE — Council Member Bromberg
E. INVOCATION — Reverend Peter D. Haynes, Saint Michael and All Angels
Episcopal Parish Church
F. PRESENTATIONS
Presentation by Bob Wright, Advocate and Education Coordinator of the
Second Harvest Food Bank of Orange County, to Council Member
Rosansky. Mr. Wright thanked Council Member Rosansky for participating in
the National Hunger Awareness Day event on June 3, 2004. He stated that
Council Member Rosansky spent the day working with volunteers picking
produce from the Incredible Edible Park to feed the hungry in Orange County.
Mr. Wright stated that the event was a success in raising awareness of the
hunger issue in Orange County due to Council Member Rosansky's involvement.
Council Member Rosansky commended the efforts of the Second Harvest Food
Bank of Orange County. He suggested that possibly an area in the City could be
selected for the creation of an edible park.
Presentation by Peggy Fort, representing the Corona del Mar
Centennial Foundation and the Executive Planning Committee. Ms. Fort
invited everyone to attend a Gala Reception to launch the "100 -Day Countdown"
of the Corona del Mar Centennial Celebration taking place at the Sherman
Gardens on July 15, 2004, from 5:00 p.m. to 9:00 p.m. She announced that the
Centennial Celebration would take place October 14 — 17, 2004. The event at the
• Sherman Gardens will cost $25 in advance or $30 at the door, and tickets can be
purchased online at cdm2004.com or by calling (949) 222 -3050.
Volume 56 - Page 1052
City of Newport Beach
Regular Meeting
July 13, 2004
G
H.
Volume 56 - Page 1053
-
NOTICE TO THE PUBLIC
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 Nichols stated that he attended the American Legion
Fourth of July Boat Parade. He announced that 50 to 60 boats
participated and that it was a well attended and fun event.
• Council Member Nichols stated that he also attended the Friends of Oasis
installation ceremony. He announced that there were approximately 270
people in attendance and that it was also a wonderful and well done
event.
• Council Member Webb announced that the Friends of the Library met
earlier in the day and voted to donate $100,000 to the Children's Room at
the Mariners Branch Library. They also voted to donate an additional
$100,000 to help with the library construction shortfall that is expected.
Council Member Webb thanked the Friends of the Library for their
donations, which total $225,000.
• Council Member Webb requested that staff look into the judicial
restrictions that can be enforced on a dog that is continually running
loose in his neighborhood.
•
• Council Member Bromberg announced that $165,000 was approved in the
2004 -05 budget for Marine Avenue streetscape. He stated that this will
improve the benches, tree wells, trash cans and light poles on Marine
Avenue, and that the work will take place in September and October of
the current year.
• Council Member Rosansky announced that during the 2003 -04 fiscal
year, he used the District 2 discretionary funds that were remaining in
the account when he was appointed to the City Council. He stated that
$500 was donated to the Environmental Nature Center, $500 was
donated to the Muth Interpretive Center, $3,000 was used for
landscaping improvements in the Newport Shores area, $800 was
donated to the Newport Heights theater and $1,000 was donated to the
West Newport Community Center for children's equipment.
• Council Member Heffernan asked when the current franchise agreements
with Cox and Adelphia expire, and requested that a report on the
progress of the negotiations be provided at the City Council meeting to be
held on July 27, 2004. He noted that the renewal process has taken far
too long.
• Mayor Ridgeway thanked the Friends of the Library for their donations
to the Mariners Branch Library. Public Works Director Badum
announced that the project would go out to bid soon, and that the award
of the bid is expected to take place at the City Council meeting to be held
•
Volume 56 - Page 1053
•
City of Newport Beach
Regular Meeting
July 13, 2004
on September 14, 2004.
• Mayor Ridgeway announced that of the money remaining in the District
1 discretionary fund account, $1,000 went to Newport Elementary and
$1,000 went to Ensign Junior High School.
I. CONSENT CALENDAR
READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. Item removed from the Consent Calendar by a member of the
audience.
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.
CONTRACTS AND AGREEMENTS
3. AMENDED AGREEMENT BETWEEN THE CITY, THE COUNTY
OF ORANGE, AND THE ORANGE COUNTY DEVELOPMENT
AGENCY REGARDING A FIRE STATION AND COMMUNITY
CENTER IN SANTA ANA HEIGHTS. Approve the amendment to an
existing agreement between the City, the County of Orange, and the
Orange County Redevelopment Agency to acquire real property for a
regional community center and fire station and to construct a permanent
fire station in Santa Ana Heights.
4. CORONA DEL MAR STATE BEACH IMPROVEMENTS - REJECT
ALL BIDS FOR CONTRACT NO. 3461. Reject all bids.
5. Item removed from the Consent Calendar by Council Member
Heffernan.
6. Item removed from the Consent Calendar by Council Member
Heffernan.
7. Item removed from the Consent Calendar by a member of the
audience.
MISCELLANEOUS ACTIONS
8. Item removed from the Consent Calendar by a member of the
audience.
9. Item removed from the Consent Calendar by a member of the
audience.
10. Item removed from the Consent Calendar by a member of the
audience.
11. MORNING CANYON (C -3711) - ARUNDO REMOVAL. 1) Determine
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INDEX
C -3656
Fire Station &
Community
Center/
Santa Ana
Heights
(38/100 -2004)
C -3461
(38/100 -2004)
C -3711
City of Newport Beach
Regular Meeting
July 13, 2004
that the project is exempt from environmental review pursuant to Section
15304 of the CEQA Implementation Guidelines, and 2) direct staff to
proceed with the Arundo Removal project in Morning Canyon north of
East Coast Highway.
12. Item removed from the Consent Calendar by Council Member
Heffernan.
13. Item removed from the Consent Calendar by a member of the
audience..
14. REVISIONS TO APPEAL AND CALL FOR REVIEW
PROCEDURES - CODE AMENDMENT NO. 2004 -002 (PA2004 -028)
(contd. from 618104 & 6122104). Continue to August 10, 2004.
Motion by Council Member Bromberg to approve the Consent Calendar,
except for those items removed (1, 5, 6, 7, 8, 9, 10, 12 and 13).
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Abstain: None
Absent: Adams
22. MESA -BIRCH PARCELS IN SANTA ANA HEIGHTS [item taken
out of order].
Assistant City Manager Kiff stated that it would cost the City
approximately $6,000 per year to maintain the proposed park. He
displayed an aerial photo of the area, which showed where the two
parcels under consideration are located.
Roger Summers, Chairman of the Project Advisory Committee (PAC) for
Santa Ana Heights, stated that he spoke to Supervisor Silva who
expressed his desire to support the proposed park if the City Council
approves the recommended action. He noted those in attendance at the
current meeting in support of the action.
Council Member Webb complimented the idea and suggested that
possibly the grade of the park should be lowered.
Motion by Council Member Bromberg to authorize the Mayor to send
a letter to Supervisor Silva advocating that the Orange County
Development Agency (OCDA) use two parcels in Santa Ana Heights for
passive parkland and stating the City's willingness to maintain the park
if the OCDA plans and constructs it.
Council Member Nichols confirmed that the size of the parcels would be
appropriate for a passive park.
Council Member Heffernan asked if the property could be sold, and the
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INDEX
Morning Canyor,�
Arundo Removal
(38/100 -2004)
(100 -2004)
(100 -2004) •
E
11
City of Newport Beach
Regular Meeting
July 13, 2004
money transferred to the City so that it could be used to purchase the
sites across the street for a fire station. City Manager Bludau stated that
Supervisor Silva has stated that he will not take the fire station
agreement back to the Board of Supervisors for reconsideration, because
he isn't sure that enough affirmative votes would be received.
Jim Hildreth referred to the aerial photo on display and asked what the
two unlabeled parcels were being used for. He asked if the City would
lose revenue if parcels in the area were developed, and disagreed with the
grade being lowered because it could make driving conditions hazardous.
Lastly, he expressed his support for parks, in general, but stated that the
matter should be looked into further.
Barbara Venezia, PAC Secretary, stated that she is also in charge of the
budget and new projects committee. She referred to the aerial photo on
display and stated that parcels 20412, 20402 and 20392 would be
developed as office buildings, and that the County has promised the two
parcels under discussion to the developers for extra parking. Ms. Venezia
stated that the Santa Ana Heights residents disagree with this, because
the two parcels act as the entrance to their community. Further, she
stated that the County is planning to sell the parcels to the developers at
a reduced price, which she also disagreed with. Ms. Venezia stated that
the community has fought the issue for a long time and is looking to the
City Council to support their cause.
• The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Q�Z M
Abstain: None
Absent: Adams
J. PUBLIC HEARINGS
15, JOSH SLOCUM'S DINNER AND
NO. 2003 -036 (PA2003 -220) — 2601
from 6122104).
SUPPER CLUB - USE PERMIT
WEST COAST HIGHWAY (contd.
Motion by Council Member Webb to continue the item to August 24,
2004 at the request of the appellant.
Jim Hildreth stated that when the City Council addresses this item, they
should not take their previous dealings with the owner of Josh Slocum's,
Dennis Rodman, into consideration.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
• Noes: None
Abstain: None
Volume 56 - Page 1056
INDEX
(100 -2004)
City of Newport Beach
Regular Meeting
July 13, 2004
Absent: Adams
16. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION
FRANCHISE TO GOODWIN ENTERPRISES, INC.
City Manager Bludau reported that, like any other non - exclusive solid
waste franchise, Goodwin Enterprises, Inc. will have to meet the
requirements of the franchise agreement.
Mayor Ridgeway opened the public hearing.
Jim Hildreth asked how many solid waste collection franchises are
needed in the City, expressing his dissatisfaction that another one is
being considered. He mentioned several problems with the current
contractors and stated that the City should look into the issues.
Hearing no further testimony, Mayor Ridgeway closed the public hearing.
Motion by Council Member Webb to adopt Ordinance No. 2004 -14
granting a Non - exclusive Solid Waste Franchise to Goodwin Enterprises,
Inc.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
17. MARINER'S MILE LANDSCAPE STANDARDS, MUNICIPAL
CODE SECTION 20.42.050(M), CODE AMENDMENT NO. 2004 -006
(PA 2004 -104) — AMENDS THE STANDARDS TO REDUCE THE
NUMBER OF PALM TREES REQUIRED AND PROVIDE
FLEXIBILITY IN THE SPECIES OF HEDGES REQUIRED
ACROSS THE FRONTAGE OF PROPERTIES ON COAST
HIGHWAY BETWEEN NEWPORT BOULEVARD AND THE BACK
BAY BRIDGE.
Assistant City Manager Wood reported that staff has begun to work with
developers on the landscape standards for Mariner's Mile and in the
process has discovered that some adjustments to the standards need to be
made.
Mayor Ridgeway opened the public hearing.
Jim Hildreth stated that changes to the standards are not needed.
Hearing no further testimony, Mayor Ridgeway closed the public hearing.
Motion by Council Member Webb to introduce Ordinance No. 2004 -15
approving Code Amendment No. 2004 -006 and pass to second reading on
Volume 56 - Page 1057
11
Ord. 2004 -14
Non - Exclusive
Solid Waste
Collection
Franchise
(421100 -2004)
(100 -2004)
•
•
City of Newport Beach
Regular Meeting
July 13, 2004
• July 27, 2004.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky,
Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
18. MARINAPARK RESORT &
COMMUNITY PLAN — FINAL
ENVIRONMENTAL IMPACT
REPORT (PA 2003 -218); FISCAL
IMPACT ANALYSIS — 1700 WEST BALBOA BOULEVARD.
Mayor Ridgeway reminded everyone that the issue before the City
Council at the current meeting is the certification of the Environmental
Impact Report (EIR). Assistant City Manager Wood added that the
matter will be discussed again at the City Council meeting of July 27,
2004, which is also when the actions to consider whether or not to certify
the EIR as being in compliance with the California Environmental
Quality Act (CEQA) and whether or not to place the project on the ballot
would take place. City Attorney Burnham noted that it would also be
appropriate to take testimony on the draft Fiscal Impact Report.
At the request of Council Member Heffernan, City Attorney Burnham
• explained that in March of 2003, the City Council unanimously approved
an agreement with Sutherland Talla Hospitality. A key provision of the
agreement called for the City Council to place the Marinapark project
general plan amendment on the ballot in November of 2004, if the EIR
was certified by the City Council. Council Member Heffernan confirmed
that certifying the EIR is the only remaining discretionary act that would
take place by the City Council prior to the issue being on the ballot in
November. City Attorney Burnham referred to a memorandum that he
circulated earlier and stated that the key to certifying the EIR is
determining if it contains information adequate to inform the decision
makers and results in informed public participation. Secondly, his
memorandum addressed recirculation of the draft EIR and specified that
recirculation needs to be done only if significant new information is added
to the EIR after the Notice of Completion is filed. In response to Council
Member Heffernan's question, City Attorney Burnham stated that July
271h is the date of the last regular City Council meeting prior to the
deadline for submitting a ballot measure and consolidating it with the
election in November.
Council Member Bromberg confirmed with City Attorney Burnham that
certifying the EIR does not mean that the project itself is being approved.
Council Member Webb asked when the City Council would actually
approve or modify the site plan. City Attorney Burnham stated that
adjustments to the site plan could be made at any time prior to the lease
• being signed. If the modifications substantially changed the project, the
draft EIR would have to be recirculated. Assistant City Manager Wood
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Marinapark
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City of Newport Beach
Regular Meeting
July 13, 2004
INDEX
added that there is also a proposed planned community development plan
.
for the property, which would also require public hearings and another
opportunity for public input.
In response to Council Member Nichols' question, City Attorney
Burnham stated that there are provisions in the City Charter relative to
the site and that he would check on the details. Council Member Nichols
recalled that it specifies that the parcel must be used for recreation
unless there is a vote of the people. City Attorney Burnham referred to
Section 1402 of the Charter, which states that, "the City Council shall
have the authority to lease City -owned property, including tide and
submerged lands so long as the lease is limited to the term permitted by
State law ". Additionally, it states that, "there shall be reserved forever to
the people the public use of a strip of bay front land above mean high tide
not less than eighty -five feet in depth of the city -owned water front
property ". City Attorney Burnham stated the line of mean high tide has
not been established for the site. Council Member Nichols confirmed
with City Attorney Burnham that the lease that is being contemplated
would meet the requirements of the Charter.
Mayor Ridgeway opened the public hearing.
Jim Hildreth asked why the median tide level hadn't been established
yet.
Mike Johnson stated that the site plan includes the American Legion
property and that Council Member Bromberg was quoted in the Daily
•
Pilot as stating that the American Legion would be rebuilt. Mr. Johnson
asked for a clarification. City Attorney Burnham stated that the City
recently entered into a 25 -year lease, with a 25 -year option, with the
American Legion. The American Legion is not a part of the Marinapark
Resort & Community Plan project, but the lease between the City and
Marinapark does contemplate a renovation of the American Legion
facilities. Assistant City Manager Wood added that the map that was
attached to the public hearing notice was from the County and it did
appear that the American Legion was a part of the Marinapark parcel.
She also confirmed that the American Legion is not a part of the project.
Dolores Otting distributed copies of Section 1402 of the Charter and
stated that the Notice of Preparation (NOP) also referenced the public
use of the site, but that the EIR did not address this issue. She stated
that giving the property to Marinapark LLC should require a Charter
amendment. Additionally, Ms. Otting expressed her dissatisfaction that
"Fiscal Impact Analysis" was added to the title of the item just the Friday
prior to the current meeting and that no staff report was provided. City
Attorney Burnham corrected Ms. Otting by stating that the City Council
has never said that they are going to give the property to Sutherland
Talla, that the term of any lease would not be in perpetuity and that the
lease will have to be consistent with the provisions of the Charter. He
added that this EIR has probably undergone closer scrutiny than any
other document he is familiar with.
.
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is
City of Newport Beach
Regular Meeting
July 13, 2004
ufi�T9:7
Council Member Heffernan referred to Section 1402 of the Charter, which
states that, "the City Council shall have the authority to lease City -owned
property, including tide and submerged lands so long as the lease is
limited to the term permitted by State law ". City Attorney Burnham
explained that State law allows the lease of tidelands for up to 66 years,
but the City's tidelands grant contains a 50 -year limitation. He added
that this has been confirmed with the State Lands Commission.
Council Member Rosansky confirmed with City Attorney Burnham that
the site could be leased as long as the land specified in the Charter is
accessible to the public and reserved for public use.
Council Member Webb asked where this public land is located. City
Attorney Burnham stated that the 85 -foot strip is measured from a line
that has not been established yet, but it is assumed, for the sake of
discussion, that the current line of development probably represents the
upland limit of the 85 feet.
Council Member Bromberg confirmed with City Attorney Burnham that
if the EIR is certified and the project is approved by the voters, the
developer will still have to secure the necessary permits required of any
project.
Assistant City Manager Wood stated that a draft of the Fiscal Impact
Analysis is included in the staff report. She stated that the analysis is a
• requirement of the agreement with Sutherland Talla and that Applied
Development Economics was hired to complete it. She stated that the
analysis determined that the existing uses on the site generate a net
positive revenue to the City of $696,000 and the project is projected to
generate a net positive revenue of $3.5 million.
Joe O'Hara expressed his dissatisfaction with the planning reflected in
the proposal and emphasized that the commercial development of the
largest remaining undeveloped bayfront property on the peninsula is
being considered. He stated that the project is seriously flawed from an
economic standpoint and speculated that Marinapark isn't likely to ever
show an operating profit. He discussed the nature of selling timeshares.
He suggested that consideration of a hotel project be set aside, and a
creative and noncommercial development of the site be encouraged in a
manner that will benefit the community.
Assistant City Manager Wood stated that the process to decide what to do
with the site when the mobilehome park would close did begin years ago.
An economic study concluded that a hotel use would provide the greatest
economic return to the City. Prior to sending out a Request for Proposals
(RFP), the City requested that the State Lands Commission provide a
decision on the tidelands boundary. In response to a hotel proposal
presented by Sutherland Talla, an RFP was issued. Eight responses were
received and analyzed, and the proposal from Sutherland Talla was
selected. City Attorney Burnham added that the first exclusive
• negotiating agreement with Sutherland Talla was entered into in 2000 or
2001. The agreement in March of 2003 was a refinement and
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City of Newport Beach
Regular Meeting
July 13, 2004
INDEX
modification of the original agreement.
Council Member Heffernan stated that the effect of timeshare sales on
the Fiscal Impact Analysis has not been resolved, but the City Council is
aware of the issue and it will be discussed as a part of the lease proposal
during Closed Session.
Tom Billings, Protect Your Parks, stated that Protect Your Parks is
dedicated to preserving Newport's public parklands and open space. He
stated that during the City's general plan visioning process, a research
poll showed that 70% of the residents and businesses in Newport Beach
did not want a resort at either Newport Dunes or Marinapark.
Mr. Billings referred to the list that he sent to the council members
outlining ten items that Protect Your Parks objects to in the EIR. He
stated that the EIR was rushed and biased, and that more time should be
spent to consider the objections that have been raised. He stated that
leaving the site as a park or developing it as an aquatic center would be
the more environmentally superior alternative. Mr. Billings also stated
that the proposed parking plan leaves the timeshare hotel seriously
under parked. He also noted that there's no clear demarcation line to
establish the tideland boundary. City Attorney Burnham stated that
there is an opinion from the Attorney General that suggests that
timeshares would be permitted depending upon their duration, but that
the State Lands Commission has not made a determination on whether
timeshares or fractional ownerships would be consistent with the
tidelands trust. Mr. Billings stated that mitigation issues also need
further clarification and the visual impacts can't be ascertained until all
views show building elevations for the site.
Assistant City Manager Wood stated that the EIR process has not been
rushed, that a large number of comments were received on the draft EIR,
all comments were responded to, revisions were made, public hearings
were held and it is felt that the EIR document was given a thorough
environmental review. Assistant City Manager Wood also pointed out
that the Planning Commission did determine that the reduced intensity
alternative, or the smaller hotel, would be the environmentally superior
alternative among the alternatives presented. She noted, however, that
this did not change the conclusion of the draft EIR that the project would
have less environmental impact than any of the other alternatives, except
the one that involved no development.
Council Member Webb asked if the Planning Commission considered the
marine use as being the environmentally superior alternative. Assistant
City Manager Wood recalled that they did a straw vote on the issue and
the vote was 5 to 2, with the main issue being the parking lot and how it
would be treated in terms of traffic generation.
Assistant City Manager Wood continued with her response to the
comments made by Mr. Billings by stating that the draft EIR does
include several view simulations. With regard to the mitigation
measures and not having dates for when they must be completed, she
stated that they must be completed prior to the issuance of the necessary
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•
•
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City of Newport Beach
Regular Meeting
July 13, 2004
INDEX
Permits and that it is the typical way of handling mitigation measures.
Council Member Nichols asked if the design of the hotel is fixed or if the
vote by the people would only consider the general plan amendment that
would change the zoning and allow a hotel up to a certain size on the
property. Assistant City Manager Wood stated that the vote by the
people would be on the general plan amendment for both the land use
and recreation/open space elements. She added that the general plan
provides a land use designation and an intensity of development that
would be allowed on the site. The planned community development plan
would have the detailed development regulations.
Council Member Heffernan asked if the City Council needs to approve
the transfer of the exclusive negotiation rights as a part of the Fiscal
Impact Report, or if it's a separate issue. City Attorney Burnham stated
that it's a separate issue, but that the City Council does have to give its
consent to an assignment of the rights from the original contracting party
to the new limited liability company. Council Member Heffernan asked if
the consent needs to be a part of the City Council's approvals on July 27th
or if it would be done later. City Attorney Burnham stated that it could
be done later and does not need to be done for purposes of submitting the
matter to the voters. He added, however, that the City Council could do
it on July 27th. Council Member Heffernan asked if the Fiscal Impact
Report could give an opinion as to the strength and viability of the tenant
to conform with the tenant obligations under the lease. Assistant City
• Manager Wood stated that the Fiscal Impact Analysis only looks at the
revenues that the project will generate and the costs to provide City
services to that project. Council Member Heffernan asked how reliable
the revenue estimates would be if the viability of the tenant is unknown.
Mayor Ridgeway agreed and requested that full disclosure be provided at
the City Council meeting on July 271h. He stated that part of the
approval will be a consent to assignment. City Attorney Burnham stated
that background information on the people to whom the City Council
might assign the rights to will be given, as well as information on what
the people will potentially construct and operate. He stated that you
never know if a Fiscal Impact Report will bear out, but the information
should provide a level of comfort that the people have every intention of
meeting the objectives.
Council Member Heffernan stated that in fairness to the voters, this type
of information should be provided. He stated that the revenue estimates
and who's going to generate the revenue are related.
Dr. Patricia Frostholm noted that there are no women on the City
Council. She stated that women provide a different viewpoint and
understand how precious children are. She stated that the site under
consideration is called "Mothers Beach" and that it would be better to
develop the surrounding area into a community center, instead of a hotel.
She stated that additional hotels are not needed in the area and aren't
• compatible with public uses.
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City of Newport Beach
Regular Meeting
July 13, 2004
INDEX
Marie O'Hora stated that traffic problems are not dealt with completely
in the EIR. Additionally, she noted that the site is near a grammar
school and two churches. She stated that a park would be a more
appropriate use of the site.
Steven Sutherland, proponent for the project, stated that the project has
probably received more public scrutiny that any development project
that's been before the City Council. He stated that he has worked with
the community and that the project has changed quite a bit due to this,
which has made it a better project. Mr. Sutherland stated that the
residents in the City know that the site is an important piece of property
and they want to have the final say on it. He stated that the project will
be a positive for the community.
Council Member Nichols asked if the fiscal study is representative of
what is expected to occur on the site. Mr. Sutherland responded in the
affirmative. Council Member Nichols stated that it's helpful to know that
Mr. Sutherland stands behind the study.
Council Member Heffernan stated that the current composition of the
tenant is a relative topic. He asked Mr. Sutherland to address this issue.
Mr. Sutherland stated that he will provide information and full disclosure
on the partners to the City Attorney's office. He added that he is
anticipating that the hotel will be operated by Regent International
Hotels.
•
Philip Arst stated that final conclusions cannot be drawn from the Fiscal
Impact Report without having a lease agreement available. He also
questioned the rating of the proposed hotel as Five Star when there
would only be a ratio of one employee per room. He stated that it is
unknown if Regent International will operate the hotel and no major
operator has confirmed that the economics will work. Additionally, he
stated that there is no information on the tidelands demarcation line, so
it is unknown how many timeshares can be constructed. Finally,
Mr. Arst stated that the Fiscal Impact Report compared the hotel to what
is currently on the site. He felt that the City would be better served to
leave the mobile home park on the site and receive a guaranteed source
of revenue, which has been calculated to be $1.7 million annually for
longer term leases. Mr. Arst stated that the preferred alternative is a
park and it's difficult to assign a value to serving the public. In
conclusion, he stated that the Fiscal Impact Report is very questionable.
Mayor Ridgeway stated that he has never heard that the mobile home
park could generate $1.7 million annually.
Council Member Heffernan asked if a proposal from the existing tenants
at the mobile home park had been received. Assistant City Manager
Wood stated that she was unaware of anything being submitted in
writing.
Mayor Ridgeway stated that he did recall that they made a proposal, but
it was to raise their long -term lease payments enough to generate just
•
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•
City of Newport Beach
Regular Meeting
July 13, 2004
over $1 million per year.
INDEX
Council Member Nichols asked if the proposal included the ability to sell
their trailers.
Mayor Ridgeway responded in the affirmative. City Manager Bludau
noted that $1.7 million would calculate to $28,000 per year per mobile
home, or approximately $1,200 per month.
Council Member Heffernan asked if the Parks, Beaches & Recreation
Commission ever addressed a park at the site. Assistant City Manager
Wood stated that the Parks, Beaches & Recreation Commission was one
of the parties that submitted a proposal in response to the RFP. They
submitted a proposal for park use on the site, but it did not include cost
or revenue analyses.
In response to Mr. Arst's comments, Assistant City Manager Wood stated
that it needs to be remembered that if the lease rents went up at the
mobile home park, the City would still not receive Transient Occupancy
Tax (TOT) revenue from that use. She noted that the hotel is estimated
to generate over $1 million in TOT annually. Additionally, she stated
that the Fiscal Impact Analysis assumed the maximum of 12 timeshares,
which would be a worst case analysis.
Mayor Ridgeway stated that the objective of the City Council is for a
• reasonable financial return on the property, which is inconsistent with
the park proposal.
Stewart Berkshire, Marinapark resident, stated that Mr. Sutherland's
proposal was not considered responsive by the contractor that the City
hired to review the proposals. Later, however, it was determined by the
City that his proposal was the only one that was responsive and he
became the City's agent to determine what project would be developed.
Mr. Berkshire stated that the Marinapark residents had their own
studies conducted on the going rental rates for mobile home parks on the
bay, and the $1.7 million figure is justifiable. The dependability of the
revenue from the hotel is questionable. Lastly, Mr. Berkshire stated that
the viewpoints of those in opposition to the project should be taken into
consideration. Assistant City Manager Wood stated that Mr. Sutherland
was not designated as the City's agent, he was selected as the developer
to develop the project that he proposed.
Madelene Arakelian stated that the traffic issue in the EIR is inadequate
and selecting a hotel as the superior project for the site is also
inadequate. She stated that traffic is terrible on the peninsula and that
this should be looked into before the EIR is certified, as well as the
superiority of that site as open land.
Dr. Jan Vandersloot expressed his support for including total open space
as an alternative for the site. He stated that this would be consistent
• with the underlying designation of recreation and environmental open
space. He asked the City Council to consider what the decision on the
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City of Newport Beach
Regular Meeting
July 13, 2004
property will mean for the future. Dr. Vandersloot stated that the
property is the best kept secret in Newport Beach and a beautiful spot,
and should not be sold to a private developer. He stated that there is no
need to sell the City's precious assets for TOT revenue, and that an
alternative for open space should be included in the EIR.
Hearing no further testimony, Mayor Ridgeway closed the public hearing.
Motion-by Council Member Bromberg to continue the public hearing
to July 27, 2004.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
19. ZONING AMENDMENTIRECOVERY FACILITIES.
City Attorney Burnham introduced Jeff Goldfarb, special counsel
retained by the City. City Attorney Burnham reported that the City
Council initiated an amendment to the zoning code to address the City's
regulations on group homes, or recovery facilities. He stated that the
intent of the City Council was to comply with Federal and State laws,
while insuring that the City's regulations preserved the integrity of the
zoning code and residential neighborhoods. He stated that the proposed
ordinance adds some definitions and clarifies others, specifies that
certain uses are permitted as a matter of right in all residential zones,
requires a Federal exception permit for certain uses, and provides special
provisions for buildings used in concert with one another.
Mayor Ridgeway stated that it's a difficult issue for the City to legislate
because of the Federal laws that exist. City Attorney Burnham added
that the Planning Commission, by a vote of 6 to 1, recommended that the
City Council adopt the proposed ordinance. He further clarified that
State law specifies that recovery facilities serving six or fewer occupants
that have State licenses are to be considered by the City as a single
family residential use. Those that don't have State licenses would also be
required to be treated as single family residential uses by the City
because Federal law prohibits discrimination against similar uses.
Council Member Webb noted that the minutes of the Planning
Commission are included in the staff report and that the vote was 5 to 1
because one of the commissioners was absent.
Council Member Nichols stated that the matter needs to be addressed
thoroughly and that there are still some remaining issues. For example,
he stated that it isn't clear if the employees of the recovery facilities are
included in the occupant count. Secondly, Council Member Nichols
stated that the requirement for a business license and insurance should
Volume 56 - Page 1065
INDEX
(100 -2004)
11
City of Newport Beach
Regular Meeting
July 13, 2004
• be considered. And, lastly, he stated that recovery facilities could be
considered commercial operations and possibly not allowed in residential
neighborhoods. Mr. Goldfarb stated that the State's Health & Safety
Code stipulates that the occupant count does not include the licensee,
members of the licensee's family or persons employed as staff. In
response to the second issue raised by Council Member Nichols,
Mr. Goldfarb stated that a business license and insurance cannot be
required because recovery facilities aren't considered businesses and
doing so would be considered discrimination. City Attorney Burnham
added that since the City has no regulatory authority and no permits
would be issued, there would be no basis for City liability. In response to
the last question, Mr. Goldfarb stated that "campusing" is a consideration
when determining whether to issue a Federal exception permit, which is
typically only applicable to the "residential care, general" category, or
those facilities having seven or more occupants. Council Member Nichols
asked if there were any restrictions to "campuses ". City Attorney
Burnham stated that the proposed ordinance would require a Federal
exception permit for group homes serving seven or more occupants in the
R -1.5, R -2 and MFR zones.
Mayor Ridgeway opened the public hearing.
Denise Oberman stated that she is speaking on behalf of herself, Linda
Orozco and a group of other fulltime homeowners. She stated that they
also retained expert legal counsel to do research and provide a position
• that would support the City's general plan and land uses and related
community interests, while at the same time provide required
accommodations under State and Federal law as may be applicable. She
stated that several of the interpretations differ from those of Mr.
Goldfarb. Ms. Oberman provided a handout outlining her comments and
expressed opposition to the proposed ordinance. She stated that it is
overly simplistic to propose that there are certain residential uses that
can accommodate recovery facilities. She stated that the peninsula is a
complex area and the only way to reasonably regulate nonconforming
uses is to go through a rigorous conditional use permitting process.
Lastly, she asked if an audit had been conducted, as requested by the
City Council and the Planning Commission.
City Attorney Burnham stated that he did meet with Mr. Cottriel, the
legal counsel for the group, and that some of his suggestions were
incorporated into the proposed ordinance. Mr. Goldfarb confirmed that
he did not feel that a conditional use permit could be required for seven
or more occupants.
Council Member Heffernan asked for the status of the audit. Mr.
Goldfarb stated that the results of an audit will have no impact on what
the City can and cannot approve. Council Member Heffernan asked if the
extent of the problem is known. City Attorney Burnham stated that such
an audit has not been done and he wasn't sure how one could be done.
Council Member Heffernan asked if there was a list of recovery facilities
licensed by the State. City Attorney Burnham responded in the
• affirmative and stated that the City would also have records of those
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City of Newport Beach
Regular Meeting
July 13, 2004
INDEX
facilities that have been inspected by the Fire Department.
Mayor Ridgeway asked if the fire inspections and State licenses were
public documents. City Attorney Burnham stated that he didn't know if
there were issues related to such disclosures, but that there are a number
of laws pertaining to the disclosure of people that occupy group homes
and recovery facilities. He stated that his focus has been on the zoning
code regulations of the facilities and that he hasn't checked on what lists
might be available at the State level. Mr. Goldfarb added that the
obligation to obtain a State license has little to do with the size of the
facility and more to do with the way the facility functions. Facilities that
do not provide services, as defined under the Health & Safety Code, are
not required to obtain a State license.
Council Member Nichols stated that current City codes are not being
followed. He explained that the Newport Coast Recovery facility in the
Palms Apartments is required to obtain a use permit and has not done so.
City Attorney Burnham stated that this is the fast time that the issue
has been brought to his attention.
Mayor Ridgeway stated that the City's code enforcement officers would
need to be made aware of an issue for enforcement to take place. After a
brief discussion about use permit requirements, City Attorney Burnham
explained that under the proposed ordinance, a Federal exception permit
would be required for facilities in the R -1.5, R -2 and MFR districts and
"residential care, general" facilities would be prohibited in R -1 districts.
Council Member Nichols asked if the Federal exception permit requires a
hearing by the Planning Commission. City Attorney Burnham responded
in the affirmative. Council Member Nichols asked why one hasn't taken
place for the Newport Coast Recovery facility. City Attorney Burnham
stated that no enforcement request has been received by his office from
any City department relative to any recovery facility or group home at
the Palms Apartments or anywhere else.
Mayor Ridgeway requested that the records and the current facility at
the Palms Apartments be inspected.
Dolores Otting stated that Ms. Oberman's attorney did provide the City
with a list of the facilities in Newport Beach. She stated that an audit
should be done and that identities can be protected.
Mr. Ridgeway agreed, but stated that the information would be difficult
to obtain.
Jim Hildreth stated that recovery is a hard thing to do. He also felt that
the Palms Apartments probably has a problem, and the City needs to
decide if it will allow such activity or not. Mr. Hildreth stated that if the
recovery facilities don't provide revenue to the City, he can't understand
why the City would allow them.
Mike Newman, Newport Coast Recovery partner, stated that Newport
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•
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City of Newport Beach
Regular Meeting
July 13, 2004
INDEX
Coast Recovery has never occupied the Palms Apartments. He stated
that Newport Coast Recovery is located on Balboa Boulevard and has
operated as a residential treatment facility for the past year- He stated
that they are State - licensed, have a City business license, and have been
inspected by the Fire Department, which is part of the State's approval
process. He stated that he was alarmed to hear the suggestion that
recovery facilities should move elsewhere if they don't provide revenue to
the City. Ivlr. Newman stated that the facilities deal with saving people's
lives.
Mayor Ridgeway asked what services Newport Coast Recovery provides
that require it to obtain a license.
Council Member Nichols asked if Newport Coast Recovery carries
insurance. Mr. Newman stated that the State requires that they carry
professional and personal liability insurance, and that it is a component
of the licensing process. Council Member Nichols stated that Newport
Coast Recovery appears to be run responsibly and could set the example
for other such businesses.
Chris Boge referred to the staff report, and asked how the proposed
ordinance coincides with the Fair Housing Act Amendments of 1988. He
explained that the facilities labeled "residential care, general" in the
proposed ordinance will be greatly constrained over time, and the process
to make necessary routine improvements will be long and tedious. He
• stated that the proposed ordinance is in direct violation and contradiction
of the Fair Housing Act Amendments of 1988, is a manipulation of
Federal law, and would put handicapped people and those suffering from
drug addiction at a severe disadvantage for receiving help.
Mr. Goldberg stated that it is not felt that the proposed ordinance
discriminates against those with handicaps or treats them any differently
than other residential uses. The Federal exception permit requirement
for groups of seven or more does not discriminate against those in
recovery.
Steve Markasiam stated that if the proposed ordinance does not
discriminate against recovery groups, it should also be applied to the
summer rental units that are filled with teenagers who drink every night.
Mayor Ridgeway stated that when a person has an alcoholic drink in
their hand, they are no longer considered to be disabled or a recovering
alcoholic. Mr. Goldfarb stated that the City allows short -term rental
occupancies in certain zones, but that they are subject to the same zoning
requirements and the individuals must reside together as a single
housekeeping unit.
Council Member Nichols stated that the owners of short -term rentals do
have requirements that have to be met.
Richard Prone, Newport Coast Recovery Executive Director, stated that
•
there are plenty of statutes in place that regulate behavior, and that the
Volume 56 - Page 1068
City of Newport Beach
Regular Meeting
July 13, 2004
INDEX
solution is to enforce the laws that already exist. Mr. Prone stated that
Newport Coast Recovery has made a legitimate effort to comply with all
requirements and be responsive to the neighbors. Iu response to Mayor
Ridgeway's earlier question, Mr. Prone stated that the services provided
by Newport Coast Recovery include the elements of a 12 -step based
program.
Bill Greenwalt stated that the proposed ordinance does discriminate
against recovery facilities. He specifically referred to the requirement for
the Federal exception permit and the lack of a definition for
"transiencey ". He stated that the proposed ordinance defines
"transiencey" as a household that doesn't change more than 50% of its
members in any given calendar year. Mr. Greenwalt explained that an
effective recovery facility has occupants that recover and move back into
mainstream society. He also questioned the definition of "single
housekeeping unit" and asked if a "residential care, general" facility could
ever qualify for a Federal exception permit.
Mr. Goldfarb stated that the proposed ordinance does not discriminate
against those in recovery because it allows recovery facilities with six or
fewer persons to operate without a permit in any residential zone in the
City. If there are seven or more persons, then there is the requirement
for the Federal exception permit, but recovery does not require that seven
or more persons participate. Mr. Greenwalt disagreed and stated that
seven or more can be effective and might be more economically viable.
Pau] Chiavatti, Orange County Treatment Centers, suggested that the
City contact the City of Anaheim and find out why it lost two lawsuits
twelve years ago involving sober living homes. He stated that, as a result
of losing the lawsuits, the City of Anaheim has remained adamant that
they will not regulate sober living homes.
Frank McGeoy stated that he's been a recovered alcoholic since
November 7, 1982. He stated that he's individually worked with over 250
men and believes that it is discriminatory to have a transiencey
requirement. He explained that transition is desired in a recovery
facility and that success can be reached in as few as 30 days. He added
that another type of transition is the alcoholic who drinks and is no
longer allowed in the recovery facility.
Jon Stearman, Narconon, provided a handout from Narconon's attorney.
He asked how the term "Federal exception permit" came about and what
it means. Additionally, he stated that the new "residential care, general"
category violates Federal and State laws. He also requested that the
transiencey issue be addressed and an explanation as to why it is not
discriminatory be provided. Mr. Stearman asked how the traffic
congestion and trash requirements are currently applied and enforced in
residential zones. He referred to businesses that operate out of homes.
Lastly, Mr. Stearman asked how the definition of "campus" is within
Federal laws. He stated that Narconon will support the City's decision as
long as it is in compliance with Federal and State laws.
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Brett Countryman stated that he disagrees with the transiencey
requirement and explained that an insurance company will not fund an
addict that is in a facility for a full year. He asked that this also be
considered.
Hearing no further testimony, Mayor Ridgeway closed the public hearing.
Mayor Ridgeway asked for an explanation of the transiencey
requirement. City Attorney Burnham suggested that the language in
Section 20.91.035 (C) (2) addressing the transiencey criteria be deleted.
Specifically, the language after, "Single Housekeeping Unit" would be
deleted. In regard to the campusing issue, Mr. Goldfarb stated that the
City is allowed to establish regulations that prohibit campusing. He
explained that campusing ceases to integrate people in recovery into the
community.
Motion by Council Member Webb to introduce Ordinance No. 2004-
16, as amended by the City Attorney, amending the Zoning Code and
pass to second reading on July 27, 2004.
Council Member Nichols suggested that the item be continued. He
explained that information has been received at the current meeting that
would help to create an ordinance that will work. He stated that the
facilities that comply with the law should not be discriminated against.
Additionally, he requested that the insurance issue be addressed.
Council Member Bromberg agreed that the input received at the current
meeting was good. He felt that the motion could be approved, since the
issue will return for second reading on July 27, 2004.
Mayor Ridgeway stated that opposition from the recovery facilities shows
him that the City is on the right track. He explained that the City is
responsible for protecting neighborhoods. He felt that the majority of the
recovery facilities have operated in a responsible manner, and that the
amendments to the zoning code are reasonable, provide the City with as
much regulation as is allowed by Federal and State laws, and address a
problem in the community.
Council Member Heffernan stated that few people spoke at the current
meeting in favor of the proposed ordinance. He felt that the changes
could expose the City to liability. Secondly, he felt that an audit should
be done to determine the extent of the problem.
The motion carried by the following roll call vote:
Ayes: Rosansky, Bromberg, Webb, Mayor Ridgeway
Noes: Heffernan, Nichols
Abstain: None
Absent: Adams
Mayor Ridgeway recessed the meeting at 10:30 p.rn- and reconvened the
meeting at 10:45 p.m. with all Council Members present except Mayor Pro Tem
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City of Newport Beach
Regular Meeting
July 13, 2004
Adams.
K. PUBLIC COMMENTS
Dolores Otting expressed her disappointment in the announcement by
Mayor Pro Tern Adams that he would be resigning from the City Council.
She asked how the seat would be filled. Secondly, Ms. Otting suggested
that the issues involving the Balboa Bay Club be addressed by the City
Council, such as the Balboa Bay Club's financial situation, public access
and other information.
Laura Dietz announced that a kickoff for the Corona del Mar Centennial
would be taking place on July 15, 2004, at the Sherman Gardens. She
stated that historical photos of Corona del Mar would be on display at the
party that show how the quality of life has continued to improve in the
area. She displayed a sample photo and invited everyone to attend the
kickoff.
Jim Hildreth continued with his discussion about the City's website by
referring to the fifth paragraph. He stated that it mentions taking a pier
down, but stated that there are no piers in the Grand Canal. He
displayed two photos showing an access structure and the City's ladder.
He stated that the access structure appears to be safer, is made up of a
platform and steps, and should be permitted.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Motion by Mayor Ridgeway to waive oral reports on committee activities.
The motion carried by acclamation.
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
20. PLANNING COMMISSION AGENDA FOR JULY 8, 2004.
Assistant City Manager Wood stated that she reported earlier in the
current meeting on the Planning Commission's action on the Marinapark
Environmental Impact Report (EIR). The only other item addressed by
the Planning Commission at their meeting on July 8, 2004, was a minor
amendment to the use permit for the LaFogata Restaurant.
Council Member Nichols stated that the LaFogata Restaurant is located
in a shopping center, and that they want to expand their seating by eight.
He asked if they would be providing additional parking. Assistant City
Manager Wood stated that the additional seating is in the outdoor patio
area, so the requirements fall under the CiWs outdoor dining ordinance.
Senior Planner Campbell confirmed that the parking requirements for
the restaurant did not change and added that it was because the
restaurant was reclassified from a takeout restaurant to a small scale
restaurant, which has less parking demand as defined by City code.
N. CURRENT BUSINESS
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21. MASTER FEE RESOLUTION.
Motion by Council Member Webb to adopt Resolution No. 2004 -60
updating the Master Fee Schedule.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
O. ITEMS REMOVED FROM THE CONSENT CALENDAR
12. MEASURE S GUIDELINES — MINOR AMENDMENT [item taken
out of order].
In response to the proposed language presented by Philip Arst, City
Attorney Burnham stated that he is agreement. Additionally, he
suggested that the effective date for the amendments be set for
November 3, 2004.
Motion by Council Member Brombere to adopt the proposed
• amendment to the Measure S Guidelines, as modified.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
Mayor Ridgeway announced that public comments on items removed from the
consent calendar will be limited to one minute per speaker per item at the
current meeting.
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF JUNE 22, 2004.
Jim Hildreth referred to page 1025 of the regular meeting minutes and
stated that his comments are recorded incorrectly. He stated that he did
not say that piers are not allowed in the Grand Canal, he said that there
are not piers in the Grand Canal. On page 1028, he stated that he never
made those comments about Council Policy H -1.
Motion by Council Member Webb to waive reading of subject minutes,
approve as written and order filed.
• The motion carried by the following roll call vote:
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July 13, 2004
INDEX
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Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
5. CONTRACT RENEWAL WITH LDM ASSOCIATES FOR
C -3489
ADMINISTRATION OF THE COMMUNITY DEVELOPMENT
CDBG Program
BLOCK GRANT PROGRAM FOR FISCAL YEARS 2003 -2004 &
FY 2003 -2004 &
2004 -2005.
FY 2004 -2005
(38/100 -2004)
Council Member Heffernan asked why it costs $87,000 to administer a
program that's $425,000. Program Administrator Trimble stated that the
City is allowed to spend a maximum of $87,400, but that the actual
contract will be for $54,000. He stated that this covers the
administration of the block grant, as well as housing monitoring and
other related requirements. Program Administrator Trimble added that
an additional $18,000 would be spent in the upcoming year for the five -
year consolidated plan preparation. In response to Council Member
Heffernan's question, Program Administrator Trimble stated that the
reports are sent to Washington D. C., which is also where the money
comes from.
Motion by Council Member Webb to approve the proposed contract
renewal with LDM Associates.
•
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
6. PROFESSIONAL SERVICES AGREEMENT TO PREPARE A
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MITIGATED NEGATIVE DECLARATION FOR A PROPOSED
Shopping
SHOPPING CENTER PROJECT LOCATED NORTHWEST OF THE
Center/
INTERSECTION OF WEST COAST HIGHWAY AND DOVER
West Coast Hwy.
DRIVE (PA2004 -141).
& Dover Drive
(38/100 -2004)
Council Member Heffernan stated that his question has already been
answered.
Motion by Council Member Heffernan to approve a Professional
Services Agreement with RBF Consulting of Irvine to prepare
environmental documents at a cost not to exceed $61,540 and authorize
the City Manager to sign the agreement.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
.
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City of Newport Beach
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Ridgeway
Noes: None
Abstain: None
Absent: Adams
PROFESSIONAL SERVICES AGREEMENT FOR PROJECT
MANAGEMENT SERVICES AND PROFESSIONAL SERVICES
AGREEMENT TO PREPARE AN ENVIRONMENTAL IMPACT
REPORT FOR NEWPORT LEXUS PROJECT.
Mayor Ridgeway announced that he would be recusing himself from
voting on the item.
Dolores Otting stated that she didn't understand the "time of
performance" clause in the agreement. She additionally didn't
understand what an "administrative draft" Environmental Impact Report
(EIR) would be. Ms. Otting also questioned Task 5 and the need for team
review, which she hadn't seen in previous documents, and Task 6, the
circulation period.
Motion by Council Member Webb to 1) approve a Professional
Services Agreement with Hogle- Ireland, Inc. of Irvine, for project
management and staff services at a not to exceed cost of $37,800;
2) approve a Professional Services Agreement with Environmental
Services Associates, Inc. (ESA) of Los Angeles for professional
• environmental services to prepare an Environmental Impact Report not
to exceed cost of $115,000; and 3) authorize the City Manager to sign the
agreements.
City Attorney Burnham explained that an administrative draft is also
known as a screen check and is common practice. The "time is of the
essence" provision is also standard. Assistant City Manager Wood added
that the circulation period is established by State law.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols
Noes: None
Abstain: Mayor Ridgeway
Absent: Adams
8. LAW ENFORCEMENT BLOCK GRANT— CRIME PREVENTION.
Jim Hildreth expressed his support for the block grant.
Motion by Council Member Webb to accept continued funding of the
Crime Prevention Program under the provisions of the United States
Department of Justice Local Law Enforcement Block Grant 2003 LLBX-
0763.
• The motion carried by the following roll call vote:
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Newport Lexus
Project
(38/100 -2004)
(100 -2004)
City of Newport Beach
Regular Meeting
July 13, 2004
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
9. MARINE AVENUE STREETSCAPE IMPROVEMENTS — PRE-
PURCHASE OF STREET LIGHT POLES AND FIXTURES,
BENCHES AND LITTER RECEPTACLES.
Jim Hildreth stated that he hoped that the work that is being planned
received a great deal of input. He expressed his dissatisfaction with the
work that has already been done and stated that the replacement of the
trash receptacles is a waste of money.
Motion by Council Member Bromberg to 1) determine that the
project is exempt from environmental review pursuant to Section 15302
of the California Environmental Quality Act Implementing Guidelines;
2) authorize staff to proceed with the Marine Avenue Street Light Pole
and Fixture Replacement Order for total not -to- exceed price of $34,154;
and 3) authorize staff to proceed with the Marine Avenue Bench and
Litter Receptacle order with D.M. Braun & Company for a not -to- exceed
price of $74,688.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
10. REQUEST FOR ADDITIONAL FUNDING FOR PROPOSED
UNDERGROUND ASSESSMENT DISTRICT NO. 87 (BIG BALBOA
ISLAND).
Jim Hildreth stated that the money is for the Edison Company and they
have already absconded with public money. He stated that the City
shouldn't give them more money and the Edison Company should have
already known how much they would need.
Motion by Council Member Webb to authorize an advance from the
General Fund in the amount of $371,338 to Assessment District No. 87,
Account No. 74087 -9810 for electrical design (05BA -001).
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
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C -3632
Marine Avenue
Streetscape
Improvements
(38/100 -2004)
Assessment
District 87
Big Balboa
Island
(89/100 -2004)
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City of Newport Beach
Regular Meeting
July 13, 2004
13. TELECOMMUNICATIONS FACILITY PERMIT NO. 2003 -003
(PA2003 -255) (contd. from 5111104 and 6/5104).
City Clerk Harkless announced that the member of the audience that
removed this item from the Consent Calendar has already left the
meeting and stated that he would present his comments at the meeting
on July 27, 2004.
Motion by Mayor Ridgeway to continue the item to July 27, 2004 at
the request of the applicant.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
P. MOTION FOR RECONSIDERATION -None
Q. ADJOURNMENT - at 11:10 p.m. to 2:00 p.m. on July 19, 2004, Closed
Session.
The agenda for the Regular Meeting was posted on July 7, 2004, 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 oh July 9, 2004, at 3:10 p.m. on the City Hall Bulletin Board located
outside of the City of Newport Beach Administration Building.
Recording Secretary
Mayor
• City Clerk
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July 13, 2004
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CITY OF NEWPORT BEACH
City Council Minutes
Adjourned Regular
July 19, 2004 - 2:00 p.m.
ROLL CALL
Present: Heffernan, Rosansky, Bromberg, Webb, Nichols
Absent: Mayor Ridgeway & Adams (excused)
CLOSED SESSION
Pursuant to Government Code Section 54956.8, the City Council met in Closed Session
to discuss the terms and conditions of the lease for the Marinapark property.
PUBLIC COMMENTS - None
ADJOURNMENT - 4:30 p.m.
The Notice of Adjournment from the Regular Meeting of July 13, 2004 was
• posted on July 14, 2004, at 8:00 a.rrL 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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July 19, 2004
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