HomeMy WebLinkAbout01 - 01-14-2003City Council Meeting
January 28, 2003
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
January 14, 2003- 4:00 p.m.
ROLL CALL
DRAFT INDEX
Present: Heffernan, Proctor, Ridgeway, Nichols, Mayor Bromberg, Webb (arrived
at 4:55 p.m.)
Absent: Adams (excused)
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Council Member Heffernan announced that he would be pulling Item Nos. 11,
12 and 14 at the evening meeting.
Regarding Item No. 10, Per Capita Grant Program Allocation, City Manager
Bludau confirmed for Mayor Pro Tem Ridgeway that the grant is a reimbursable
grant.
Mayor Pro Tem Ridgeway additionally asked for a clarification on Item No. 9,
Request for Funding for Proposed Underground Assessment District No. 99. He
asked for an explanation of the requirements of Proposition 218 and how the
ballots are weighted by financial obligation. Public Works Director Badum
stated that Proposition 218 requires the City to send ballots to all affected
property owners and conduct a protest hearing. If the majority of the ballots
received are in favor of the assessment district, the City levies the assessments
and forms the district. He noted that the cost is parceled out according to
benefit.
Per Council Member Nichols' question, Assistant City Manager Wood 'stated
that Item No. 8, Review and Approval of Contract Renewal with LDM
Associates for Administration of the Community Development Block Grant
Program, does not involve Mariners Mile.
Council Member Nichols asked for an overview of what is included in the
Mariners Village Improvement Project, Item No. 7. Public Works Director
Badum stated that the project is the first phase of what may be multiple phases
of a concept for Mariners Mile that was previously approved by the City Council.
He stated that it might include new street trees and furniture, but does not
include a relocation of the curb lanes. Additionally, Public Works Director
Badum explained that traffic calming was a part of the original concept due to
the concern of nearby residents about the speed of traffic on Riverside Avenue.
Council Member Nichols expressed his concern that the Big Canyon Creek
Restoration Project, Item No. 6, might be too extensive. Mayor Bromberg
suggested having a discussion on the matter at the evening meeting. Assistant
City Manager Kiff additionally pointed out that it would be the topic of the next
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item at the current meeting.
Council Member Nichols asked if the improvements to Jamboree Road included
in the 2002 -2003 Combined Transportation Funding Program Application, Item
No. 3, included a flyover. City Manager Bludau stated that it does not, but that
it does include additional lanes on the existing bridge. Public Works Director
Badum added that the proposed project would actually replace the need for a
flyover, and that additional exhibits would be available prior to the evening
meeting that would help to clarify the issue.
2. UPPER NEWPORT BAY RESTORATION PROJECTS.
Using PowerPoint, Assistant City Manager Kiff pointed out that he would be
making a presentation on two Upper Newport Bay projects, the Big Canyon
Restoration Project and the West Bay Boardwalk and Restoration Project. He
stated that the Big Canyon project would address the areas within Big Canyon
Nature Park, which receives urban runoff from approximately two square miles.
He stated that the project would address a number of concerns. Assistant City
Manager Kiff introduced Brian Shelton with the California Department Fish
and Game, and Esther Feldman and Andy Carey from Community Conservancy
International,
Assistant City Manager Kiff displayed two aerial photos showing the urban
runoff flows into Big Canyon Creek and the drainage basin. He additionally
displayed photos showing some of the damage and erosion caused by the runoff,
and the structures that have been built to carry the runoff. Additional photos
showed deposited dredging spoils and exotic species that should not appear in
the area.
Assistant City Manager Kiff stated that the State Coastal Conservancy is
planning to fund $167,000 of the Big Canyon project, with another $10,000
coming from the Newport Bay Naturalists and Friends, and $17,000 from
Community Conservancy International. Assistant City Manager Kiff stated
that Item No. 6, Big Canyon Restoration Project, of the evening meeting would
be recommending the City Council's approval of $110,000 for the project's
planning and technical studies. He noted that the City is also expecting to
receive $4 million from the Wildlife Conservation Board and Propositions 40 and
50 for the construction of the project. In response to City Manager Bludau's
question, Assistant City Manager Kiff stated that the City's contribution would
come from revenue that has been set aside from the Beacon Bay leases, which is
required to be applied to habitat improvements in Upper Newport Bay,
Council Member Nichols stated that the Big Canyon area is overgrown, appears
to be a fire hazard and doesn't have adequate public access. Ms. Feldman stated
that the project will address the overgrowth and look at a comprehensive public
access component. In response to City Manager's Bludau question,
Ms. Feldman stated that the planning process will take approximately one year
and will result in several alternatives for how to restore a marine -type influence
into Big Canyon Creek. She noted that three 15 -inch pipes provide the only
drainage for the area, Council Member Nichols stated that flooding doesn't
appear to be a problem. Assistant City Manager Kiff stated that there was some
flooding in 1998 and 1999.
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INDEX
Upper Newport
Bay Restoration
Projects
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Study Session Minutes
January 14, 2003
INDEX
Mayor Pro Tem Ridgeway asked if other funds were available for the upper
watershed storm drain system, noting that it would be considered a capital
improvement project and not an environmental project. Assistant City Manager
Kiff stated that it was hoped that the restoration project could be combined with
the storm drain project with money from the Wildlife Conservation Board.
Assistant City Manager Kiff displayed two aerial photos showing the area of the
West Bay project. He specifically pointed out trails that the public should not be
using due to the damage it causes to the habitat. He stated that the project
would install two miles of elevated boardwalks and trails, public access points
and viewing platforms.
Mayor Pro Tem Ridgeway stated that there's a bluff about fifteen feet above the
water level and another higher one closer to Irvine Avenue. He asked for a
clarification as to which bluff the trails would be placed on. Assistant City
Manager Kiff showed the different bluffs on the aerial photo and stated that
Ms. Feldman might be able to answer the question later in the presentation.
Assistant City Manager Kiff continued with his presentation by listing some of
the goals of the project. He also displayed information on how the project is
expected to be funded. The County's share of the American Trader Oil Spill
money is expected to fund the research, site analysis and schematic design
phases of the project, which will cost approximately $378,000. Assistant City
Manager Kiff stated that the Wildlife Conservation Board, through Propositions
40 and 50, is also expected to fund the construction phase of this project, which
is expected to total approximately $3 million. He noted that staff members from
the Wildlife Conservation Board have visited the areas of both of the projects
and have told the City that they will support them. City Manager Kiff
expressed his confidence that the two projects will receive priority due to the
fact that the areas fall within California Department of Fish and Game
property. Lastly, he listed the project partners and proponents, and some web
sites where more information could be obtained.
Council Member Nichols stated that the Delhi Channel is not a part of Upper
Newport Bay, nor is it reserved for habitat. He suggested that the west side of
the channel be used for baseball fields instead. Assistant City Manager Kiff
stated that the area is a part of the County's regional park, which is set aside for
habitat and passive uses. He added that although the area under discussion
might not be an actual part of the bay, it is important wetlands and marshlands
in the State's Upper Newport Bay ecological reserve system. Council Member
Nichols stated that the area has little water and has already been accessed by
the public in the past. Ms. Feldman noted that the aerial photo was taken at
extreme low tide. Mr. Shelton stated that the area represents 10% of the State's
remaining wetlands. He explained that an area doesn't necessarily have to hold
water year round to be designated as a wetland. It may be only seasonably wet.
He additionally noted that the Upper Newport Bay area houses seven
endangered species and a wide variety of habitat, which acts as a complete
system. Mr. Shelton stated that the surrounding areas are considered upland
areas, which have different characteristics. He noted that the upland areas of
Upper Newport Bay do house breeding birds and endangered species, but that
there would be more if the human intrusion were less.
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INDEX
Council Member Proctor called for point of order and noted that the Study
Session item before the City Council was to discuss the boardwalk. Mr. Shelton
concluded his comments by stating that the majority of the boardwalk is not
proposed on the Delhi Channel, but would encompass more of the bluff.
Mayor Pro Tem Ridgeway asked for a more specific description of where the
proposed boardwalk would be located. He noted that people are attracted to the
water's edge, so if the boardwalk were on a high bluff, an opportunity might be
missed. He suggested that a second boardwalk be considered, if necessary.
Ms. Feldman stated that Mayor Pro Tem Ridgeway's comments reflect the
problems trying to be addressed with the project. She stated that the proposed
boardwalk will be down by the water where suitable. She stated that the project
will also deal with the proximity issue of humans and wildlife. Mayor Pro Tem
Ridgeway stated that Back Bay Drive and it's proximity to habitat should
provide some evidence of the effect of humans on wildlife.
Jack Keating, Newport Bay Naturalists and Friends President, stated that the
Newport Bay Naturalists and Friends organization is trying to continue the
legacy of the Friends of Newport Bay and the efforts of Frank and Francis
Robinson. He thanked the many supporters of the two projects.
City Manager Bludau asked who would maintain the boardwalks after
construction. Assistant City Manager Kiff stated that an agreement would need
to be reached since the areas cross City, County and State property lines.
Mayor Pro Tem Ridgeway stated that an e-mail was received earlier in the day
by the council members. He confirmed that Assistant City Manager Kiff had
seen it and asked how he'd respond. Assistant City Manager Kiff stated that
the citizen had asked how a boardwalk could contain people. He stated that it
could if it gets people close enough to the water, and an education and
interpretation program is a part of it. Mr. Shelton stated that he also read the
e -mail, but stated that many of the citizen's concerns were based on
misinformation. He contacted the individual, and they both came to the
agreement that a balance between recreation by the public and needs of the
wildlife can be effectively reached.
Council Member Nichols asked how equestrian use would be affected by the
project. Assistant City Manager Kiff stated that the area is currently accessible
for equestrian use and would continue to be accessible on designated trails, but
not on the newly proposed boardwalks.
Assistant City Manager Kiff introduced Tom Rossmiller, the City's new Harbor
Resources Manager.
Mayor Bromberg welcomed Harbor Resources Manager Rossmiller to the City.
Harbor Resources Manager Rossmiller stated that he worked for the County for
nearly thirty years, developing their water quality monitoring program and
working on a variety of projects along the coast. He stated that he was also the
project manager for the Upper Newport Bay ecosystem restoration project and
has worked on several sand replenishment projects.
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Recessed at 4:55 p.m. and reconvened at 5:00 p.m with all members present
except Council Member Adams.
3. REVIEW OF AFFORDABLE SENIOR HOUSING DEVELOPMENT AT
LOWER BAYVIEW LANDING AND VIEW PARK DEVELOPMENT AT
UPPER BAYVIEW LANDING.
Assistant City Manager Wood stated that staff and the Affordable Housing Task
Force have been working with The Irvine Company and The Related Companies
to put together a project for senior affordable housing at the Lower Bayview
Landing site. She noted the preliminary plans on display and the 150 units
proposed for the affordable housing project. She stated that the units would be
available to those 55 years of age or older. She stated that The Irvine Company
is providing the site, as well as a grant to The Related Companies in the amount
of $250,000. Assistant City Manager Wood noted that the project will require
funding from a number of sources in order for it to be financially feasible. She
stated that the developer is planning to use tax exempt bonds from the State, as
well as tax credits. In addition, a tentative agreement has been reached for the
City to provide a loan of $1 million, which would come from the City's affordable
housing in -lieu fund. Assistant City Manager Wood stated that if the Coastal
Commission approves the project by the summer of 2003 and the State approves
the financing by the end of 2003, the project would not be subject to a new State
requirement to pay prevailing wages for projects that are assisted with public
funds, which would cause an increase to the overall cost of the project and the
City's contribution. She stated that a staff report for the loan agreement is
expected to be before the City Council at their meeting of January 28, 2003.
Assistant City Manager Wood stated that the Lower Bayview Landing project is
closely related to the Upper Bayview Landing view park development. She
stated that it would be beneficial to have the two projects done cooperatively.
Mayor Bromberg stated that the Affordable Housing Task Force has been
working on the project for quite some time. He noted that he and Mayor Pro
Tem Ridgeway serve on the task force and that they have been working closely
with The Related Companies.
Council Member Heffernan asked what the City's current deficit for affordable
housing is. Assistant City Manager Wood stated that prior to the Newport
Coast annexation, the City's goal was to have approximately 250 low and
moderate income units and another 250 units that would be at market rate. She
stated that with the annexation, the goal increased by 200 units in the
affordable category. Council Member Heffernan confirmed that the City is
approximately 450 units short of its goal. He additionally asked how the
amount owed by a developer for affordable housing in -lieu fees is determined.
Assistant City Manager Wood stated that the in -lieu fees for the One Ford Road
project were handled through the development agreement, and the fees for Sail
House were set at the same rate plus a Consumer Price Index (CPI) inflation
rate. She added that the new housing element of the general plan will include a
more formal in -lieu program. In response to Council Member Heffernans
questions, Assistant City Manager Wood stated that there are two planned
communities in the Newport Coast area that were developed under the County's
jurisdiction. She stated that each has an affordable housing implementation
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Affordable Senior
Housing
Development
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Study Session Minutes
January 14, 2003
flU1 a:�
plan, and that those goals will be incorporated into the Uity s new housing
element.
Mayor Pro Tem Ridgeway stated that the City's proportionate share of the
region's housing is established through the Southern California Association of
Governments (SCAG) and the State Department of Housing and Community
Development (HCD). He stated that the regional housing needs assessment
establishes the City's share of housing for both market rate and affordable
housing in the Southern California region. Mayor Pro Tem Ridgeway stated
that the Upper Bayview Landing project makes a significant dent in the
affordable housing component.
Council Member Proctor asked for more information about the prevailing wages
issue mentioned earlier in the meeting, and how affordable housing is kept
affordable once it is developed. In regard to keeping affordable housing
affordable, Assistant City Manager Wood stated that the City would require a
covenant to require that the units remain affordable for the income level they
were designed for and for the period of time designated. In regard to the
prevailing wages issue, she stated that new State legislation subjects any project
that is funded with public money to pay prevailing wages, with a one year
exception for affordable housing projects. She stated that it was determined
that this would increase the project's cost by approximately $500,000.
Mayor Pro Tem Ridgeway stated that Senate Bill 975 (SB 975) was effective a
year ago and exempted affordable housing projects for two years. He added that
the legislation was supported by the unions to insure that they would receive
prevailing wages. He stated that there are discussions in Sacramento about this
being an anti - housing bill, which could result in affordable housing being
exempt.
Council Member Nichols stated that he calculated the additional cost to be
approximately $700,000 and asked if this shouldn't be paid by the developer
instead of the City. Assistant City Manager stated that the money that will be
used is from the City's in -lieu affordable housing fund, which is money received
from previous developers in -lieu of developing affordable housing. She stated
that this requires the City to use the money for affordable housing projects.
Council Member Nichols asked if there was enough money in the fund to pay for
the proposed project. Assistant City Manager Wood stated that the fund
currently totals approximately $2.5 million and that staff will recommend that
the City Council approve a loan in the amount of $1 million, to possibly increase
to $1.5 million if the prevailing wages have to be paid. She added that if
additional money is needed, negotiations would take place and City Council
approval would be needed if the City's contribution were to increase.
Council Member Webb asked how much the City is contributing by waiving the
planning and fair share fees. Assistant City Manager Wood pointed out that the
municipal code requires the City to waive the fair share fees for affordable
housing projects but, per the City's housing element, the waiver of the planning
development review fees can be decided upon by the City Council. Associate
Planner Trimble stated that the amount of both waivers represents
approximately $235,000. Council Member Webb confirmed with Assistant City
Manager Wood that the building closest to Coast Highway in the Upper
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January 14, 2003
Bayview Landing project is proposed to be three stories. Gino Canori, The
Related Companies, stated that he is the project manager and the proposal is for
three -story buildings with two -story elements at the front and rear of each of the
buildings.
In response to Mayor Bromberg's question, Mr. Canori stated that there would
be no mechanical equipment on the roofs.
In response to Council Member Webb's question, Mr. Canori stated that the
height of the midpoint of the roofline is proposed to be 65 feet above sea level, or
35 feet above finished grade. Council Member Webb expressed his concern that
views would be lost through the central portion of the project. Mr. Canori stated
that the roof pitch would not impact any view corridor from Coast Highway or
Villa Point. He added that they are in the process of putting together a view
simulation. Council Member Webb expressed his concern about the grading
that is proposed. He stated that story poles would be important to show the
view impacts.
Mayor Pro Tem Ridgeway stated that it might be premature for story poles,
since the project still needs to be reviewed by the Planning Commission and the
Coastal Commission. He stated that view studies will be included, that the
plans may change and that the developer is well aware of the concerns for
maintaining the views.
Val Skoro, Parks, Beaches & Recreation (PB &R) Commissioner, stated that the
PB &R Commission has been involved for several years with the transformation
of Upper Bayview Landing into a park. He stated that there have been three
concepts, but they'd like the opportunity to review the current proposal.
Mr. Skoro suggested that the plans and appropriate personnel be available at
the next meeting of the Park Development Subcommittee on January 21, 2003.
City Manager Bludau confirmed that staff would be available at the meeting.
Mr. Gennary further confirmed that staff from The Related Companies would
also be present.
Mayor Bromberg directed staff to continue moving forward on the project. He
stated his support for the City being in compliance with the requirements for
affordable housing.
Mayor Pro Tem Ridgeway stressed the importance of having the financing
approved by the end of 2003. He suggested that a precise site plan be included
with the January 28, 2003, staff report. Assistant City Manager Wood added
that the park project will need to move forward as quickly as the housing project
to take advantage of concurrent processing with the Coastal Commission.
PUBLIC COMMENTS - None.
ADJOURNMENT - at 5:30 p.m. to Closed Session to discuss two real estate
items, one dealing with 3600 East Coast Highway and the other with
the Balboa Bay Club.
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City of Newport Beach
Study Session Minutes
January 14, 2003
The agenda for the Study Session was posted on January 8, 2003, at 4:00 p.m.
on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Recording Secretary
Mayor
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INDEX
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
January 14, 2003 - 7:00 p.m.
STUDY SESSION - 4:00 p.m
CLOSED SESSION - 6:00 p.m
r, rrt ,r,r,r,r,r,r,rex,r,r,r,r,r,r
A. RECESSED AND RECONVENED AT 7.00 P.M. FOR REGULAR
MEETING
B. ROLL CALL
Present: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Absent: None
C. CLOSED SESSION REPORT - None.
D. PLEDGE OF ALLEGIANCE - Council Member Webb.
E. INVOCATION - Patrick Thompson, Assistant to the Pastor,
Presbyterian Church of the Covenant, Costa Mesa
F. PRESENTATION
Proclamation recognizing the heroism demonstrated by Pieter
Bourges.
Vickie Cleary, Newport Beach Fire Department Emergency Medical Services
(EMS) Manager, reported that Pieter Bourges performed CPR on former City
Manager Robert Wynn who suffered a cardiac arrest at the Corona del Mar
Ruby's Diner on December 20, 2002. She stated that CPR allows some
circulation while 911 personnel can respond and it also improves the chance
of survival. She noted that this happens less than 5% of the time. She stated
that it is extraordinary that Mr. Bourges took this action and presented
him with a Newport Beach Fire Department Life Saving Award.
Mayor Bromberg read the proclamation recognizing Mr. Bourges' heroism
and presented it to him.
Robert Wynn stated that, in 1982 when the paramedic service was
established, he told the City Council that it was too expensive and would
increase the budget too much. However, he is now testifying that they are
not paid enough and do not have all the proper equipment they need. He
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INDEX
Pieter Bourges
(35)
City of Newport Beach
City Council Minutes
January 14, 2003
INDEX
thanked Mr. Bourges, Council, and the paramedics.
Doug Cavanaugh, Co- Founder of Ruby's Diner, thanked Mr. Bourges for
being courageous and doing the right thing. He stated that he makes
everyone at Ruby's Diner proud. He also thanked Mr. Wynn because,
without him 20 years ago, there would not be a Ruby's Diner.
Pieter Bourges thanked the City for the proclamation. He also thanked God
for giving him the courage to do something like this. He stated that, if he had
to do this again, he would be more comfortable doing it.
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH
COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE
AGENDA FOR DISCUSSION, ACTION OR REPORT _(NON-
DISCUSSION ITEM):
• Council Member Nichols requested a report relative to the cost for
upkeep and liability of Pacific Coast Highway, and how it will affect
the City's ability to expand if it wanted to do a capital improvement
project.
• Mayor Pro Tem Ridgeway requested that a policy come back on
future agenda regarding the naming of buildings, parks, etc.
• Council Member Heffernan asked when the conflict of interest
campaign reform study will be agendized. Mayor Bromberg
requested that the City Manager coordinate this with Council
Member Heffernan.
• Council Member Heffernan requested a study session item regarding
the Bonita Canyon Sports Park that includes a recap of the project,
its availability, etc.
• Council Member Heffernan reported that the Friends of the Library
need used books. He noted that the books can be dropped off at the
library or can be picked up by the Friends of the Library.
• Council Member Heffernan reported an incident from January 6,
2003, in which a surfer was blown 1'/z miles offshore by the Santa
Ana winds. He stated that it took a coordinated effort with Newport
Beach, Huntington Beach, and rescue boats to save her, adding that a
helicopter could not be used because of the winds. He warned
everyone that the ocean may not always be friendly.
Mayor Bromberg requested that a Council retreat be scheduled after
State budget decisions have been made.
I. CONSENT CALENDAR
READING OF MINUTES/ORDINANCES AND RESOLUTIONS
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City Council Minutes
January 14, 2003
1. MINUTES OF THE ADJOURNED REGULAR MEETING OF
DECEMBER 10, 2002 AND ADJOURNED REGULAR AND
REGULAR MEETING OF DECEMBER 17, 2002. Waive reading
of subject minutes, approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive
reading in full of all ordinances and resolutions under consideration,
and direct City Clerk to read by title only.
RESOLUTIONS FOR ADOPTION
3. Removed at the request of Council Member Nichols.
4. RESOLUTION EXTENDING THE AD HOC OIL AND GAS
COMMITTEE. Adopt Resolution No. 2003 -2 extending the term of
the Ad Hoc Oil and Gas Committee
5. SALE OF BONDS FOR UNDERGROUND ASSESSMENT
DISTRICT NO. 86. 1) Adopt Resolution No. 2003 -3 which sets forth
the terms and conditions for the sale of bonds and approves the
Purchase Agreement submitted by the designated underwriter for
Assessment District No. 86; and 2) approve a budget amendment
(BA -038) adjusting revenue estimates in Account No. 400.6986 in the
amount of $545,160 to reflect contributions from property owners and
the sale of bonds and increase expenditure appropriations in the
amount of $477,160 in Account No. 7401- C5100490 to accommodate
contribution costs.
CONTRACTS AND AGREEMENTS
6. Removed at the request of Council Member Nichols.
7. APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH METROPOINTE ENGINEERS
FOR THE MARINERS VILLAGE IMPROVEMENT PROJECT.
Approve Amendment No. 1 to the Professional Services Agreement
with MetroPointe Engineers of Costa Mesa for the Mariners Village
Improvement Project at a contract price of $21,870 and authorize the
Mayor and City Clerk to execute the Amendment.
8. REVIEW AND APPROVAL OF CONTRACT RENEWAL WITH
LDM ASSOCIATES FOR ADMINISTRATION OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM FOR FISCAL YEAR 2002 -2003. Approve the proposed
contract renewal with LDM Associates.
9. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND
ASSESSMENT DISTRICT NO. 99 (ALLEY BOUNDED BY
MCFADDEN PLACE, BALBOA BOULEVARD, 14TH STREET,
AND OCEAN FRONT WEST). 1) Authorize a budget amendment
(BA -036) to appropriate $100,000 in the Assessment District Capital
Project fund to proposed Assessment District No. 99, Account No.
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INDEX
Res 2003 -2
Ad Hoc Oil & Gas
Committee (24)
Res 2003 -3
BA -038
Underground Assessment
District 86
(40/89)
C -3507
Mariners Village
Improvement
Project
(38)
C -3489
CDBG Administration for
Fiscal Year 2002 -2003
(38)
C -3595
BA -036
Underground Assessment
District 99
(38/40/89)
City of Newport Beach
City Council Minutes
January 14, 2003
INDEX
7401- C5200707; and 2) authorize the City Manager to execute a
Professional Services Agreement with Harris & Associates in an
amount not to exceed $55,000 for assessment engineering and district
coordination services.
Council Member Adams recused himself due to a potential
conflict.
MISCELLANEOUS ACTION
10. BUDGET AMENDMENT - PER CAPITA GRANT PROGRAM
BA -031
ALLOCATION IN THE AMOUNT OF $685,000 APPROVED
Per Capita
DECEMBER 11, 2001 - CONTRACT NO. C2003284. Approve a
Grant Program
Budget Amendment (BA -031) to increase revenue estimates by
(62)
$350,000 in account 7251- C4310708 for FY 2002/03; the remaining
balance of $335,000 should be budgeted into revenue account 4310-
4387 for FY 2003/04.
11. Removed at the request of Council Member Heffernan.
12. BUDGET AMENDMENT TO APPROPRIATE ADDITIONAL
BA -030
FUNDS FOR RESIDENTIAL REFUSE COLLECTION
Residential Refuse
SERVICES IN THE NEWPORT COAST AREA. Approve a budget
Collection Services in the
amendment (BA -030) to appropriate additional funds in the amount
Newport Coast Area
of $93,600 for Account 3150 -8080 to provide for the additional cost of
(40/44)
residential refuse collection services in the Newport Coast area.
13. BUDGET AMENDMENTS TO ACCEPT TWO CHECKS FROM
BA- 034/BA -035
THE CALIFORNIA STATE LIBRARY AND APPROPRIATE
Homebound Program/
FUNDS FOR LIBRARY SERVICES TO SENIORS
Public Library
(HOMEBOUND PROGRAM) AND FOR PUBLIC LIBRARY
Staff Education
STAFF EDUCATION. Approve budget amendments (BA -034) in
(40/50)
the amount of $20,682 and (BA -035) in the amount of $11,352.
14. Removed at the request of Council Member Heffernan.
Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar,
except for those items removed (3, 6, 11, and 14) and noting Council Member
Adams' recusal on Item 9.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
3. 2002/2003 COMBINED TRANSPORTATION FUNDING
Res 2003 -1
PROGRAM APPLICATION.
Transportation
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January 14, 2003
INDEX
In response to Council Member Nichols' questions, Public Works
Funding Program
Director Badum reported that the recommendation is to approve the
(74)
Measure M application for competitive funding. He explained that
the program cycles every two years and requests cities to provide a
list of potential projects. He noted that the City is only asking for
funding for the Jamboree Road Bridge Widening Project since the
City has been successful in improving the streets and keeping up
with the Master Plan. He indicated that the widening may eliminate
the plan for a fly -over connecting ramp that would rise over the
Fletcher Jones dealership and be higher than the Bristol Street
Bridge. He noted that the plan highlighted on the map (Attachment
A) was originally developed by the Transportation Corridor Agencies
(TCA) in 1991. He stated that the idea was to add a fly -over ramp to
handle northbound Jamboree Road traffic onto northbound SR -73.
He reported that, since that time, they have evaluated the Master
Plan and realized that the projection of traffic volume on Jamboree
Road was incorrect. He noted that they are conducting an analysis in
an effort to reduce the Master Plan width of Jamboree Road. He
indicated that more people are getting on the freeway via MacArthur
Boulevard since it has been improved. He added that the project
would also eliminate the existing Birch Street offramp on northbound
SR -73. Mr. Badum indicated that Attachment A was generated from
an old TCA plan. He believed that a good alternative to the fly -over
ramp is to widen the Jamboree Road Bridge to add additional width
for through lanes and turning movements at the Bristol Street south
and north intersections.
Mr. Badum reported that the first phase is the design phase (Tier I).
He clarified that the Measure M program has two phases, the first
phase actually occurs and is funded, and the second phase is
essentially a placeholder for future projects. He stated that they will
refine the design to ensure that the need for a fly -over ramp is
eliminated.
Motion by Mavor Pro Tern Ridgeway to 1) adopt Resolution
No. 2003 -1 approving the submittal of the City's 2002/03 program
application to the Orange County Combined Transportation Funding
Program; and 2) direct staff to apply for funding under the Orange
County Combined Transportation Funding Programs for the project
included in the City's application package.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols,
Mayor Bromberg
Noes: None
Abstain: None
Absent: None
6. BIG CANYON RESTORATION PROJECT — CONTRACT FOR
C -3594
PLANNING AND TECHNICAL STUDIES.
BA -033
Big Canyon
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City Council Minutes
January 14, 2003
Council Member Nichols expressed concern that this is one of many
waterways that flows to the ocean and Back Bay, and noted that this
is not even the largest one. He believed that this is setting a
precedent by having an extensive survey to handle a waterway that
flows to the ocean. He stated that, if the City handled each of the
waterways the same, it would create a tremendous problem.
Metion by Mayor Pro Tem Ridgeway to 1) approve a Professional
Services Agreement with Community Conservancy International
(CCI) in an amount not to exceed $110,000 for Planning and
Technical Studies ( "Studies ") associated with the Big Canyon Creek
Restoration Project, and authorize the Mayor and the City Clerk to
execute the Agreement; 2) authorize the City Manager to pursue
construction funding for the Big Canyon Creek Restoration Project as
the Studies are underway; 3) approve a budget amendment (BA -033)
authorizing the expenditure of $110,000 from the Upper Newport Bay
Restoration Account for the Studies; and 4) authorize the City
Manager to make changes as necessary to the scope of work and
budget for the Studies providing that the terms and deliverables
remain substantially in accordance with the approved scope of work
and budget.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols,
Mayor Bromberg
Noes: None
Abstain: None
Absent: None
11. BUDGET AMENDMENT TO APPROPRIATE
UNANTICIPATED REVENUE FUNDS IN THE AMOUNT OF
$19,400 FROM ACCOUNT 4340 -5144 TO EXPENDITURE
ACCOUNT 4340 -8080.
Council Member Heffernan stated that his children have been in City
aquatics programs and noted that the issue of heating the Corona del
Mar pool has been contentious at times. He expressed concern that
the City exceeded the revenue estimate by more than 50 0A. He asked
if the City will be reducing its fees, noting that the Junior Lifeguard
Program costs more than $400. He also asked how this will be
reflected in the budget.
Recreation and Senior Services Director Knight reported that there
was an increase in participation over the last three to six months,
particularly in the water polo program and group swim classes. She
indicated that the City's fees are consistent within the County. She
stated that she is unsure how the fees were developed for the Junior
Lifeguard Program, but she can look into it. She indicated that the
Junior Lifeguard Program is not reflected in these figures.
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INDEX
Restoration Project
(38/40)
BA -032
Aquatics Programs
(62)
City of Newport Beach
City Council Minutes
January 14, 2003
Council Member Heffernan noted that, when the energy fees
increased, the School District had concerns about City /School District
joint uses. He asked if the extra revenue will be set aside as a
reserve in the event the City is requested to help pay for some of the
rehabilitation or does the money go into the General Fund. City
Manager Bludau concurred that the City will occasionally have
expenditures related to the School District, but believed that the
money would go into the General Fund. Regarding the Junior
Lifeguard Program, he reported that the City Council decided last
year that the program would be self sufficient. Mr. Bludau pointed
out that the increase in aquatics program participation created the
additional revenue and that the City does not know if this will occur
again next year.
Motion by Mavor Pro Tern Rideeway to approve BA -032.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols,
Mayor Bromberg
Noes: None
Abstain: None
Absent: None
14. DECREASING COSTS IN GENERAL LIABILITY INSURANCE
— INFORMATION REPORT.
Council Member Heffernan reported that the City recently changed
its insurance agent for liability coverage and noted that the City's
liability insurance nearly tripled in one year. He indicated that
Marsh has looked at this issue and has come back with a proposal
that provides substantial savings to the City due to its aggressive
bidding and the fact that the number of carriers are limited. He
asked what caused Marsh to come back mid -year and present a
revised bid to the City. Further, how did Marsh reach such a
substantial savings when this was already bid on six months ago.
Peter Junker, 23412 Pacific Park Drive, Vice President of the
Newport Beach Marsh Office, stated that, because of their position in
the marketplace and the amount of business they do with public
entities, they believed they could save the City over $200,000 /year.
He indicated that Marsh is able to do this because it places more
businesses with major insurance carriers than any other broker, has
direct access to the markets, and because of its relationships with the
market.
Mayor Bromberg noted that Marsh was before Council in July 2002
requesting a contract, but it was rejected. He asked how Marsh is
able to come back now with a better proposal. Mr. Junker noted that
July's discussion dealt with worker's compensation coverage, not
general liability coverage.
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General Liability
Insurance (47)
City of Newport Beach
City Council Minutes
January 14, 2003
INDEX
City Manager Bludau asked if the six month time difference affected
the market. Mr. Junker did not believe this was the case, noting that
they approached the markets in July 2002 after the City's coverage
renewed, but nothing was presented until October because the City's
previous coverage was written with a 25% minimum premium. He
indicated that the market has not softened. City Manager Bludau
noted that it costs the City $47,000 in cancellation penalties in order
to change the insurance; however, the $214,000 is the savings over 14
months and is after the $47,000 cancellation penalty.
Motion by Mayor Pro Tern Ridgeway to receive and file the
report.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols,
Mayor Bromberg
Noes: None
Abstain: None
Absent: None
K. PUBLIC COMMENTS
Jim Hildreth, Newport Beach, stated that he was told by the City
Manager after a Council Meeting that, if he gave him the documents
he has been requesting, it would show that the City lied. He
requested the documents again, noting that the City is supposed to
maintain records and files on pier permits, including the Grand
Canal. He indicated that Wes Armand has said many times that
there are no moorings in the Grand Canal, but stated that there is a
location at the far northwest end of the Grand Canal assigned to a
P.O. Box. Further, the City Attorney said there is no property that
has two pier permitted locations assigned to one property; however,
he received a letter from Tony Melum that the location is assigned to
1411 North Bayfront. He stated that, if the City is allowing this
location to be assigned to a P.O. Box, then it should allow the
Hildreth family access to that location. He indicated that these
locations were assigned in 1932 and that Mr. Melum knows of an
agreement that was signed by his supervisor. He stated that he has
asked the City to look into this, the City asked him to provide what
he had, and he asked the City to look into what the City says they
have, but the City refuses to do this. He believed that the City has
documentation, but the City asked him to prove it. He stated that, if
he is not allowed to get into that location and talk to Mr. Armand,
what is he left to do than to keep asking the City Council.
Mayor Bromberg reported for the new Council Members that
Mr. Hildreth has been coming to the City Council requesting
documents, but has been told that the City does not have the
documents. He stated that he is Mr. Hildreth's Council Member and
has offered to meet with him, but he rejected. Further, he looked into
the issue himself to determine whether the documents exist, and
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City Council Minutes
January 14, 2003
INDEX
indicated that he is satisfied that the documents do not exist. He
stated that Mr. Hildreth does not want to accept this and will come to
every meeting asking for the documents. Mayor Pro Tem Ridgeway
reported that Tony Melum and Wes Armand have retired.
Regarding the purported conversation that took place after a Council
meeting, City Manager Bludau indicated that Mr. Hildreth is not
telling the truth. He emphasized to Mr. Hildreth that the City has no
records that have not been provided to him. He noted that it is
Mr. Hildreth's right to come to Council meetings, but suggested that
he sue the City if he does not feel he is getting the records that the
City has. Mayor Bromberg noted that one of the Council Members
suggested about 1% years ago that, if Mr. Hildreth is not comfortable
with this, he acquire an attorney, but he has not done this.
Linda Grant, Balboa Arbor Society, thanked Council, City Attorney
Burnham, and City Manager Bludau for what they have done in
honoring their agreement and for speeding up the process. She
stated that she is aware that the way that the tree was removed was
painstaking, but noted that the City took care in its removal. She
indicated that the tree symbolizes to her that the City cares about all
the people. She also thanked the City for paying for the tree's
removal.
Mayor Bromberg stated that Council policy regarding public
comments is that any Council Member can clarify an issue, not
debate with people. He indicated that he intends to invoke this policy
regularly.
Mayor Bromberg agreed that Council owes responsibility to everyone
in the City. He noted that, in the Daily Pilot over the weekend, a
resident wrote a letter asking why the City paid the Balboa Arbor
Society's $57,000 attorney fee. He reported that the City was not
allowed to remove the stumps until a hearing occurred in May 2003.
He clarified that, if the City did not pay the attorney fee, Phase II of
the Balboa Village improvements would not have been allowed to
proceed, a $200,000 penalty would have been incurred, and the
project would have been delayed about a year. He stated that it was
agreed upon to remove the stumps once the fee was paid.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE
ACTIVITIES
Ad Hoc General Plan Update Committee (GPUC). Mayor
Bromberg reported that a subcommittee of four citizens was formed
to work on issues, procedures, and policies for the General Plan. He
indicated that this may take four or five meetings, they have met
once already, and the public provided some input. He stated that this
will come back to GPUC and then to Council.
Local Coastal Program (LCP) Certification Committee. Mayor
Pro Tem Ridgeway reported that they met once during the Christmas
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January 14, 2003
INDEX
holiday and twice since the first of the year. He stated that they have
reviewed the entire LCP document, made changes to it, Senior
Planner Alford is incorporating the changes, he will circulate it to all
Department Directors for responses, it will come back to the
committee, there will be a final LCP meeting, and then it will be
distributed to the public in draft form. He indicated that they are not
on schedule for January 30.
• Newport Coast Advisory Committee. Council Member Heffernan
stated that the ongoing issue is the amendment of the annexation
agreement to provide for City services to the area. He indicated that
the item of contention is the maintenance of the slope areas. He
stated that the area is collectively owned by the homeowner
associations /property owners. He indicated that there is concern
about the non - conformance of a majority of the fuel modification
zones and the City taking on some form of partial maintenance or
reimbursement of those areas; who is party to the agreement; and
how the agreement can be amended. He reported that the City
Manager, City Attorney, Assistant City Manager, and Fire Chief
attended the meeting, but they could not address these issues
because some of the committee members were absent. He noted that
some of the Newport Coast residents feel that the City dragged its
feet in fulfilling its side of the deal; however, now the City is ready
but is being stalled. He stated that the City is ready to make
payments and do what it has agreed to, but there is unfinished
business. He noted that the City has been maintaining the street
medians since October 2002, will be installing a signal at Sage Hill
School by April 15, 2003, and is providing Police, Fire, rubbish, etc.
services as part of the pre- annexation agreement.
• Ad Hoc Telecommunications Committee. Council Member
Heffernan stated that the agreement with the cable operators has
been extended for one year and the needs assessment has been
conducted. He reported that a subcommittee has been formed to
review cell phone service and an ordinance was adopted that allows
the City to be a landlord for cell sites. He noted that cell phone and
cable services are highly regulated preempted issues in which
leverage is really not on the City's or the consumer's side.
• John Wayne Airport (JWA) Settlement Extension Ad Hoc
Committee. Council Member Proctor reported that, even though the
City has been successful in negotiating the agreement with the
County and is prepared to file a stipulation with the court, the
committee recognizes that continued diligence on this is incumbent
on the City. He indicated that they want to keep their eye on the
regional transportation needs of the community to protect the
restrictions at the airport. He reported that they participated in the
Orange County Regional Airport Authority (OCRAA) meeting last
week and noted that they are restructuring their goals and direction
to look at regional airport issues. He stated that the City will stay
involved in those discussions.
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City Council Minutes
January 14, 2003 INDEX
July 4th West Newport Safety Planning Committee. Council
Member Proctor reported that a subcommittee met which consisted of
law enforcement, Mayor Pro Tem Ridgeway, and West Newport
citizens to generate a questionnaire that will be sent to about 14,000
residents. He indicated that it will assist in determining how citizens
want the City to address July 4'h festivities and problems. He
expressed hope that they will receive feedback because they spent a
lot of time coming up with options. He stated that they have to get
community support and buy -in for whatever approach is taken.
Councilmanic Redistricting Committee. Mayor Bromberg stated
that he will be calling a meeting of the committee in mid - February.
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
15. PLANNING COMMISSION AGENDA FOR JANUARY 9, 2003.
Planning
(68)
Planning Director Temple reported that Item 1 [Landmark Buildings
Code Amendment 2002 -007 (PA2002 -218)] was continued to their
next meeting.
Regarding Item 2 (325 Old Newport Boulevard — Hotties Pizza),
Ms. Temple reported that they want to add the sale and service of
alcoholic beverages not only for onsite consumption but also with
deliveries. She indicated that the Planning Commission expressed
concern about underage people convincing an adult to purchase
alcohol for them. She stated that they determined that this is not
different from an adult in any home allowing their children access to
alcoholic beverages and approved the use permit.
Regarding Item 3 (707 E. Ocean Front), Ms. Temple reported that
they considered amendments to an already approved use permit for
the Balboa Inn. She stated that a number of design changes have
been made as a result of issues related to compliance with the
Uniform Building and Fire Codes. She indicated that this item was
continued to February 20, 2003.
Council Member Heffernan requested a copy of all the facts regarding
Item 2 and to be reminded of its appeal deadline. He believed that
this is a hot issue for parents of teenagers. Ms. Temple stated that
she will give all of Council a copy of the report.
N. PUBLIC HEARING
16. REQUEST TO AMEND THE FASHION ISLAND PLANNED
Ord 2003 -1
COMMUNITY (PC -35) DEVELOPMENT PLAN AND DISTRICT
PA2002 -192
REGULATIONS PERTAINING TO SIGNAGE. THE
Fashion Island Planned
APPLICANT PROPOSES MODIFIED SIGNAGE
Community (PC -35)/
DEVELOPMENT REGULATIONS THAT WOULD ALLOW
Planned Community
ADDITIONAL SHOPPING CENTER IDENTIFICATION
Development Plan
MONUMENT SIGNS, VEHICULAR AND PEDESTRIAN
Amendment 2002 -002/
DIRECTIONAL SIGNS AND RESTAURANT MONUMENT
Signage Regulations/
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January 14, 2003
SIGNS (PA2002 -192) [APPLICANT - HOLLY SANDLER
REPRESENTING THE APPLICANT, THE IRVINE COMPANY.
Planning Director Temple reported that this is an amendment to the
Fashion Island Planned Community (PC) District Regulations, but
only for the mall area within the Newport Center ring road and not
any part of Newport Center surrounding the Fashion Island mall
area. She stated that the signage was in three categories: 1) two
additional monument signs on the ring road within the mall,
specifically for restaurants within the mall; 2) signage at principal
pedestrian entries to the mall on the ring road; and 3) a program for
vehicular directional signs within the parking structures and parking
lots to assist people in parking close to the shops they intend to visit.
She indicated that the Planning Commission reduced the maximum
height of the lettering on the monument signs and prohibited the use
of illuminated signs in the parking structures or parking lots. She
reported that there was a fourth component for additional signs on
one of the parking structures, but consideration was withdrawn by
the applicant after staff recommended denial of that component.
Referencing Hotties Pizza (Item 15), Ms. Temple confirmed for
Council Member Proctor that Council can call up an item even if they
do not have enough information at this time. City Attorney Burnham
recommended that Council Member Proctor call up the item during
Motion for Reconsideration.
Council Member Nichols believed that this was approved but only for
the restaurants and outer ring. He asked how this differs from what
was before the Commission and requested clarification as to why this
comes before the City Council if it was passed by the Commission.
Ms. Temple reported that any amendment to the zoning regulations
is considered a legislative act and the Commission acts as an advisory
body to the City Council who makes the laws. She stated that, since
the zoning ordinance is part of the municipal code and PC Districts
are uncodified parts of the municipal code, only the City Council can
amend it. She indicated that, if the Commission denied a code
change request, the item would die unless a Council Member calls it
up for review to sustain or overturn the denial.
Council Member Nichols asked if the signage on the inner portion
was discussed at the Planning Commission meetings. Ms. Temple
indicated that there were no amendments to the existing provisions
regarding signs within the mall, but only adds provisions and
regulations to the three categories mentioned previously. She noted
that the applicant did not request modifications to the existing
signage regulations for the external restaurants or inside the mall.
Mayor Bromberg opened the public hearing.
Tom Billings requested clarification relative to proper procedure and
referenced Item 15. Following a point of order request, City Attorney
Burnham clarified the process for Mr. Billings at his seat.
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IM-1
City of Newport Beach
City Council Minutes
January 14, 2003
10
Tim Paone, Manatt/Phelps/Phil ips LLP, 650 Town Center Drive,
Costa Mesa, stated that he is representing The Irvine Company. He
indicated that they are in concurrence with the staff report and
thanked staff and the Planning Commission for the work they have
put in. He noted that they provided drawings which are included in
the staff report He stated that Amy Owen, graphic designer, is
present to answer any questions.
In response to Mayor Pro Tem Ridgeway's question, Mr. Paone
confirmed that they are in agreement with the terms and conditions
as modified by the Planning Commission.
Council Member Heffernan stated that he knows that the owner of
The Irvine Company is sensitive about signage issues. He asked if
thought was given to the existing office signage at the outside
perimeter of Newport Center. Mr. Paone indicated that those signs
are regulated by a completely separate PC text. Council Member
Heffernan stated that the recommended signs look tasteful and
applauded the interior mall signage.
Hearing no further testimony, Mayor Bromberg closed the public
hearing.
Motion by Mavor Pro Tem Rid¢eway to introduce Ordinance
No. 2003 -1 approving Planned Community Development Plan
Amendment No. 2002 -002 based on the recommendation and
revisions made by the Planning Commission, and pass to second
reading on January 28, 2003.
Mayor Pro Tem Ridgeway stated that he asked The Irvine Company
for this when he was on the Planning Commission because he felt
signage was needed there. He agreed that they did this tastefully
and believed that it will help businesses, patrons, and pedestrians,
noting that The Irvine Company will be adding pedestrian walkways
into Fashion Island.
The motion carried by the following roll call vote
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols,
Mayor Bromberg
Noes: None
Abstain: None
Absent: None
17. RENTAL AGREEMENT WITH TENANTS OF MARINAPARK.
Assistant City Manager Kiff reported that this is for a proposed one-
year lease with the residents at Marinapark. He indicated that, in
May 2002, Council approved a one -year lease agreement with two
one -year options at the City's discretion. He stated that, since that
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C -1784
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Tenant Rental
Agreements
(38)
City of Newport Beach
City Council Minutes
January 14, 2003
ufiTO7 -
time, the tenants have retained a new attorney who requested
changes to the lease. He reported that they have come to agreement
with the attorney relative to the wording of the lease, but the term is
still the City's preference. He indicated that the staff report includes
a proposed one -year lease with no options, but staff will come back to
Council in a year if it chose to have them enter into a new lease. He
added that the City also had special counsel work on this. He
reported that the agreement freezes the rental rate that was
proposed in September 2002. He indicated that the rent will continue
for this lease, but Council can raise the rent or go to another market
adjustment at the end of the lease.
Council Member Heffernan requested clarification for the basis of the
short term lease relative to Sutherland Talla's exclusive right to
negotiate on the parcel. Mr. Kiff indicated that the two are related
only because direction from Council in May 2002 was to provide
Council with the maximum discretion to enter into park closure
proceedings if Council wished to do this. He stated that they believe
they are obligated to offer a 12 -month lease. City Attorney Burnham
indicated that he does not believe that the Sutherland Talla
agreement obligates Council to limit the term of the rental agreement
to one -year. Council Member Heffernan believed that the City could
enter into a 20 -year lease and still be in compliance with the
Sutherland Talla agreement. Mr. Burnham stated that he agrees,
but it was dependent on the terms and conditions.
Council Member Heffernan asked how the lease deals with relocation
if it is terminated in a year. Assistant City Attorney Clauson
reported that the issue of relocation is one of the central issues that
came up in the original lease from May 2002. She noted that the
previous 15 -year lease that was entered into in 1985 and extended
twice included stipulations that the tenants would waive their right
to relocation benefits. She stated that it is now being recommended
that the provisions on waiver relocation not be included in this lease.
She indicated that it does recognize that the tenants received reduced
rents over the years and that this was done initially as part of the
original lease as consideration for the waiver for relocation benefits.
She stated that, if Council decides in the future to close the park,
Council has reserved its right to assert a setoff against relocation
benefits for the reduced rents. She confirmed that the removal of the
waiver was under the advice of the City's counsel. Further, there are
provisions in the Mobilehome Residency Law that discusses public
policy and the inability to waive rights under this law.
In response to Council Member Nichols' question, Ms. Clauson stated
that the original lease allowed for noticing to sever the agreement
prior to the end of the lease. However, this lease complies with the
Mobilehome Residency Law, offers a one -year lease, and gives them
the opportunity to elect to go to a month -to -month lease. Regarding
closure, the City would need to follow the Mobilehome Residency
Law.
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January 14, 2003
u3
Council Member Proctor asked if the City is obligated to initiate a
closure due to the tidelands issue. Ms. Clauson stated that there is a
pending issue relative to whether the property is tidelands and that
the lease recognizes this in its recitals. She indicated that the State
Lands Commission has asserted that part of the property is tidelands
in which private residential use is not permitted. Council Member
Proctor asked if the City is obligated at some point to initiate closure.
Ms. Clauson stated that the City has not received a determination or
letter from the State Lands Commission requiring the City to close
Marinapark, adding that she is unsure when this will occur. Mr.
Burnham explained that the Sutherland Talla agreement is a two
part agreement in which the first part establishes a process in which
Council would determine if it wanted to pursue the hotel project and
the second part obligates the City to enter into good faith negotiations
with Sutherland Talla once all required permits are issued. Council
Member Proctor believed that further direction needs to be given to
look at the option of closure no matter what is done to the land,
rather then come back in a year. Mr. Burnham believed that it is a
good idea to put this issue on a study session agenda to look at the
different elements of this site and to explain what has to occur before
there would be a closure and change in land use. He reported that
the State Lands Commission, at a staff level, believes that a large
portion of the site is tidelands; however, the City has been waiting for
three or four years for a written statement. He noted that the City is
no closer to getting this, adding that it has been their practice not to
require the immediate conversion to a conforming use. Mayor
Bromberg stated that this may be a good topic for the Council retreat.
Council Member Heffernan asked if there is a deadline for
Sutherland Talla to trigger the condition that obligates the City.
Mr. Burnham stated that the agreement extends to the end of 2005.
Assistant City Manager Wood indicated that Mr. Sutherland had
specific deadlines, including submitting a complete application/
planning documents for the project. She reported that it was due
yesterday and was delivered to her office yesterday. She indicated
that the City is obligated to begin the environmental review process.
She reported that they have 30 days to get the notice of preparation
done on the Environmental Impact Report (EIR) and that usually,
when there is an EIR, Council action would not occur for about a
year. Mr. Burnham confirmed that Mr. Sutherland is in compliance
with the agreement, the agreement is still in effect, and the City is
still obligated when/if he concludes with the conditions to negotiate in
good faith.
Council Member Nichols stated that the Balboa Bay Club and several
other properties have asked the State and been allowed to have
residential properties, even though they are tidelands. He believed
that this is an alternative to pursue.
Council Member Webb indicated that he is also interested in closure
procedures. Regarding the environmental document, he asked if
there will be any alternatives related to a "no project or other uses
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City Council Minutes
January 14, 2003
such as a park or marina facility ". Mr. Burnham stated that the City
is not in a position to make a determination regarding the nature of
the environmental document and that it is premature to decide what
the document would look like and its legal requirements for
alternatives until the determination is made as to whether the project
could have a significant impact.
Tom Billings stated that he is happy to hear that the lease may be
extended, but would like to see it extended longer. He indicated that
it would be nice to have more time to consider a realistic use for the
area and asked when the hearing would be. Mayor Bromberg stated
that he does not know yet.
Mayor Bromberg noted that the Daily Pilot printed a letter that
asked what the City Council is doing and why it is not giving a lease
to the Marinapark residents. He explained that issues come to
Council and then Council decides the outcome after the public
hearing. He pointed out that the item is not to take the property
away, but to determine whether the lease should be extended.
Jim Hildreth, Newport Beach, believed that Mr. Sutherland should
be well advised to back out of such an agreement because of the
tidelands issue and the problems he will acquire from this. He stated
that, for Mr. Sutherland to go through the proper procedure of
obtaining agreements and documents, and then all of a sudden have
to deal with the tidelands issue, he would be well advised to walk
away from this.
Motion by Mayor Pro Tern Ridgeway to approve a one -year
(January 14, 2003 through January 13, 2004) Rental Agreement to
lease spaces for mobilehomes on City property known as Marinapark
between 15th and 18th Street on Balboa Peninsula).
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols,
Mayor Bromberg
Noes: None
Abstain: None
Absent: None
18. MARINERS JOINT USE LIBRARY, APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH THIRTIETH
STREET ARCHITECTS.
City Clerk Harkless pointed out that Council received a modified staff
report tonight that includes changes in the agreement.
City Manager Bludau noted that staff made a recommendation to
form a Mariners Joint Use Library Steering Committee, but did not
include a resolution to authorize the committee. Mayor Bromberg
stated that, if the motion passes, the committee selection can be
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C- 3496(A)
BA -037
Mariners Joint
Use Library
(38/40)
City of Newport Beach
City Council Minutes
January 14, 2003
agendized for the January 28 meeting.
Motion by Mavor Pro Tern Ridgeway to 1) approve a Professional
Services Agreement with Thirtieth Street Architects, Inc. of Newport
Beach at a contract price of $472,867 and authorized the Mayor and
City Clerk to execute the agreement, as amended; 2) approve a
budget amendment (BA -037) appropriating $472,867 to Contributions
Account No. 7251- C5100661; and 3) authorize the formation of the
Mariners Joint Use Library Steering Committee.
Council Member Webb complimented staff for bringing together the
architectural professional services agreement so quickly because he
believes it is important to get this project moving and started. He
added that he supports the formation of the steering committee to get
input from the community to resolve some issues. Mayor Bromberg
asked that Council Member Webb meet with him to see what he
wants in the committee since he is the Council Member for that area.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols,
Mayor Bromberg
Noes: None
Abstain: None
Absent: None
19. APPOINTMENTS BY THE MAYOR TO THE
COUNCIL /CITIZENS AD HOC COMMITTEES, THE JOINT
GOVERNMENTAL COMMITTEES, AND THE CITIZENS
ADVISORY COMMITTEES.
Mayor Bromberg noted that, pursuant to Council policy, the Mayor is
a member of all standing and ad hoc committees. However, he
explained that, for the committees he has included his name, those
are the committees that he expects to actively participate in.
Motion by Mavor Bromberg to confirm the following Mayor
appointments:
COUNCIL/CITIZENS AD HOC COMMITTEES
A. Aviation Committee
1. Mayor Bromberg (Chair)
2. Council Member Webb (Vice Chair)
3. City Manager or designee
4. City Attorney or designee
5. Current president or designee of the Airport
Working Group
6. Resident of Newport Coast/Newport Ridge
Judith Whitmore
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INDEX
Mayor Committee
Appointments
(24)
City of Newport Beach
City Council Minutes
January 14, 2003
INDEX
B. Ad Hoc Committee to Promote the
Revitalization of the Balboa Peninsula (PROP)
1. Mayor Pro Tem Ridgeway (Chair)
2. Mayor Bromberg
3. Council Member Proctor
C. City-School Ad Hoc Committee
1. Mayor Pro Tem Ridgeway (Chair)
2. Council Member Webb
3. Council Member Heffernan
4. City Manager
D. Economic Development Committee OEDC)
1. Mayor Bromberg
2. Mayor Pro Tem Ridgeway
3. Council Member Adams
4. Planning Commissioner Selich
5. EQAC Chairman
6. Chairman Selich
E. Oil and Gas Field Operations Committee
1. Mayor Pro Tem Ridgeway
2. Council Member Nichols
3. Utilities Department Director
F. Ad Hoc City Council Airport Issues Committee -
sunsetted
G. Councilmanic Redistricting Committee
1. Mayor Bromberg (Chair)
2. Council Member Webb
3. Council Member Heffernan
H. Affordable Housing Task Force
1. Mayor Pro Tem Ridgeway (Chair)
2. Council Member Webb
3. Mayor Bromberg
I. Ad Hoc General Plan Update Committee (GPUC)
1. Council Member Adams (Chair)
2. Mayor Bromberg
3. Council Member Heffernan
4. Planning Commission designee
5. Planning Commission designee
6. Planning Commission designee
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City of Newport Beach
City Council Minutes
January 14, 2003
INDEX
7. Environmental Quality Affairs Citizens
Advisory Committee designee
8. Economic Development Committee designee
9. Aviation Committee designee
10. Harbor Commission designee
11. Greenlight designee
J. Web Site Review Ad Hoc Committee
1. Council Member Adams (Chair)
2. Mayor Pro Tem Ridgeway
3. Council Member Nichols
K. John Wavne Airport (JWA) Settlement Extension
Ad Hoc Committee - sunsetted
L. Ad Hoc Telecommunications Committee
1. Council Member Heffernan (Chair)
2. Council Member Nichols
3. Community Member Donald Boortz
4. Community Member Leslie Daigle
M. Local Coastal Program (LCP) Certification
Committee
1. Mayor Pro Tem Ridgeway (Chair)
2. Mayor Bromberg (Vice Chair)
3. Council Member Webb
4. Planning Commissioner McDaniel
5. Planning Commissioner Selich
6. Planning Commissioner Toerge
N. July 4th West Newport Safetv Planning
Committee
1. Mayor Pro Tem Ridgeway
2. Council Member Proctor
3. Community Member Craig Batley
4. Community Member Mary Bryant
II. COUNCIL COMMITTEE
A. Finance Committee
1. Council Member Heffernan (Chair)
2. Council Member Nichols
3. Council Member Webb
III. REPRESENTATIVES TO JOINT GOVERNMENTAL
COMMITTEES
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City of Newport Beach
City Council Minutes
January 14, 2003
INDEX
A. Growth Management Area H Representative
Council Member Nichols
B. Hazardous Waste Material - Joint Powers
Authority
Council Member Nichols
C. Inter -City Liaison Committee
1. Mayor Bromberg
2. Council Member Heffernan
3. City Manager
D. Joint Committee for the Evaluation and
Implementation of the Upper Newp-Qrt Bay
Cooperative Agreement
1. Council Member Adams
2. Council Member Webb (Alt.)
E. League of California Cities /Orange Counts
Division
1. Council Member Adams
2. Mayor Bromberg (Alt.)
F. Orange County Coastal Coalition
1. Mayor Pro Tem Ridgeway
G. Orange County Council of Governments
(OCCOG)
1. Mayor Pro Tem Ridgeway*
*SCAG District 14 representative and OCCOG Board
Member
2. Mayor Bromberg (Alt.)
H. Orange County Homeless Coalition (Affordable
Housing)
1. Council Member Proctor
2. Planning Staff Member Daniel Trimble
I. Orange County Housing Commission - Advisory
Committee
1. Planning Staff Member Daniel Trimble
2. Planning Director Patricia Temple (Alt.)
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City of Newport Beach
City Council Minutes
January 14, 2003
J.
(OCRAA)
INDEX
1. Council Member Proctor
2. Council Member Webb (Alt.)
K. Orange County Sanitation District (OCSD)
1. Mayor Pro Tem Ridgeway
2. Council Member Webb (Alt.)
L. Santa Ana River Crossing (SARX)_Study Policy
Advisory Committee
1. Council Member Proctor
2. Council Member Webb (Alt.)
M. Santa Ana River Flood Protection Aeencs
1. Council Member Proctor
2. Council Member Nichols
N. San Joaquin Hills Transportation Corridor
Joint Powers Agency Board of Directors
1. Council Member Adams
2. Council Member Webb (Alt.)
O. Southern California Association of
Governments (SCAG)
1. Mayor Pro Tem Ridgeway*
*Appointed by Orange County Division of the League
of California Cities
P. SR73LSR55/1 -405 Freeways Confluence Policy
Committee
1. Council Member Adams
IV. CITIZENS ADVISORY COMMITTEES
A. Environmental Quality Affairs
1. Mayor Bromberg
2. Council Member Nichols
3. Chairman or designee of EDC
4. Chairman Hawkins [citizen (at large)]
B. Coastal/Bay Water Quality
1. Mayor Pro Tem Ridgeway (Chair)
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City Council Minutes
January 14, 2003
INDEX
2. Mayor Bromberg (Vice Chair)
C. Youth Council
1. Mayor Pro Tem Ridgeway (Liaison)
2. Recreation & Senior Services Staff Member
D. General Plan Advisory Committee (GPAC)
1. Co -Chair Nancy Gardner
2. Co -Chair Phillip Lugar
E. Newport Coast Advisory Committee
1. Council Member Heffernan
2. Council Member (possible
appointment after redistricting)
3. Council Member (possible
appointment after redistricting)
4. Community Member Jack Butefish
5. Community Member Patrick Fuscoe
6. Community Member Donald Phelps (Alt.)
City Clerk Harkless confirmed that she will be updating the rosters.
Regarding Councilmanic appointments, Council Member Adams
requested that staff bring back an item that identifies the open slots
and then make the appointments at the following meeting.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols,
Mayor Bromberg
Noes: None
Abstain: None
Absent: None
P. MOTION FOR RECONSIDERATION
Motion by Council Member Proctor to reconsider Item No. 15 (Planning
Commission Agenda for January 9, 2003).
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
Council Member Proctor called up Planning Commission Item No. 2
regarding 325 Old Newport Boulevard (Hotties Pizza) — Use Permit No. 3622
(PA2002 -172).
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City Council Minutes
January 14, 2003
Q. ADJOURNMENT - at 8:55 p.m. in memory of former Mayor James
Stoddard.
The agenda for the Regular Meeting was posted on January 8, 2003, at
4:00 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
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INDEX