HomeMy WebLinkAbout01 - Minutes 02-25-2003City Council Meeting
March 11, 2003
Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes ®���T
Study Session t
February 25, 2003 - 4:00 p.m. INDEX
ROLL CALL
Present: Heffernan, Proctor, Ridgeway, Adams (arrived at 4:07 p.m.), Webb,
Nichols (arrived at 4:17 p.m.), Mayor Bromberg
Absent: None
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
In response to Mayor Pro Tem Ridgeway's question regarding Item 4 (Non-
exclusive Solid Waste Franchise Agreement), City Attorney Burnham agreed
that the issue in the staff report should read, "Should the City agree to the
assignment..." Mayor Pro Tem Ridgeway indicated that this could be amended
during the regular meeting.
2. APPEALS AND CALLS FOR REVIEW.
City Manager Bludau indicated that Council Member Heffernan requested this
item about six weeks ago. Council Member Heffernan clarified that his request
was to find out who determines what queue /entity a person goes before for
review of their project (Modifications Committee, Planning Commission, or City
Council), what are the rules for each, and what are the appeal rights.
Planning Director Temple stated that the queue is established by the municipal
code which specifies what types of projects are considered routine, identifies the
types of requests that require review, and determines whether those are
reviewed by staff, the Planning Director, Modifications Committee, Planning
Commission, or Council. She indicated that staff advises an applicant on the
type of application required and what body reviews the request. She stated that
she could generate a spreadsheet for Council at a later time that would list the
requests, types of applications, and the process. Council Member Heffernan
believed that this would be helpful because there is a feeling that this is a much
more discretionary process than what is being described. Ms. Temple referenced
development standards as an example and reported that the municipal code
places it in a level of review that is considered discretionary, but the code
usually sets specific findings that need to be made in order to support a decision.
She stated that staff would need to review the item to determine whether the
facts support a review by one of the queues. She emphasized that the decisions
are not set in concrete so this is why those determinations or actions can be
appealed or called up to a higher level for final determination. Council Member
Heffernan stated that some of the findings he sees are not detrimental, are often
granted, and appeals are rare. However, if the Planning Commission was given
all the modifications, it would water down what the Commission does and they
would not get to the larger issues. He believed there is a good reason to have
them handled this way. Ms. Temple stated that, if there is a desire by Council
to keep certain types of "smaller requests" at a lower level of review, like staff,
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but there is still discomfort about the standards those are evaluated against,
they could look at the standards and tighten them up.
Ms. Temple noted that the staff report did not mention that, several years ago,
staff began changing the code to address permit streamlining and reduced the
appeal period from 21 to 14 days. She indicated that this would normally not be
problematic, except for the four times a year when there are three weeks
between Planning and Council meetings. She reported that a change to the code
was made after this was realized to allow any Commissioner or Council Member
to call up any staff decision or for Council to call up a Commission decision. She
reminded Council that they have this right and there is no requirement that
this be done at a meeting, adding that a Council Member can send an email, fax,
or call.
Mayor Pro Tem Ridgeway stated that he was involved in some of the
Commission decisions regarding appeals, and they saw in real life practice why
timing was important. He added that Newport Beach is a unique City and he
would not support more stringent standards. He noted that most of the
processes for modifications, appeals, variances, and conditional use permits are
based on the health, safety, and welfare clauses in the Constitution which
allows for a balance. He believed that, if the standards are too stringent, then
there will be automatic appeals to a higher level and Council would ultimately
get every item. He stated that the City has run on exception and complaints for
years and has functioned very well. He noted that the Commission is careful
not to create new precedence, and that most of the items that Council sees exist
throughout the City. He believed that the system is not broken and worries
when staff suggests creating higher standards, reiterating that Council will end
up reviewing every minor item in the City.
Ms. Temple noted that the City has a lot of nonconforming buildings that, when
built, were conforming. She agreed that, once a minor variation like a setback
encroachment is approved, the next person automatically assumes they will also
be approved. She reported that they have been receiving a lot of requests lately
for fairly elaborate entry gate arrangements for single- family homes. She stated
that the deciding body looks to see how the neighbors react to it and decides
what is reasonable to approve. She believed that, once a number of requests
come in, it becomes time to look at code changes. Ms. Temple stated that staff
usually sees the trends and would probably be the one to take the question to
the Commission or Council for direction.
Using residential zoning districts as an example, Assistant City Manager Wood
reported that, in most city zoning ordinances, the setbacks are established and
would apply to the entire R -1 or R -2 district. However, the City has districting
maps with established setbacks for individual lots that may not be consistent
block to block. She stated that this is often what people are asking for in order
to get some relief from the regulations.
City Manager Bludau asked if the queuing is black and white, or if there is a lot
of discretion. Ms. Temple stated that, in most cases, it is black and white, and
staff does not really have discretion over the type of application that might be
required and has no discretion over how it is processed. She believed that the
greatest amount of staffs challenges are with nonconforming buildings,
modifications to those buildings, and what type of permit might be used to
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authorize the maintenance of the nonconforming feature. She stated that the
City's code for nonconforming structures allows quite a bit of reconstruction of
nonconformity by right, but with some discretionary permits. She believed that
this was done after it was recognized that the City has an enormous number of
nonconforming buildings. She believed that determining whether the City
wants to force conformity is a policy call that should only be made by Council.
In response to Council Member Nichols' questions, Ms. Temple reported that
the condominium conversion provisions are in the zoning code and subdivision
code, and sets specific standards that need to be met in order to qualify to be a
condominium. Regarding two unit condominiums, she stated that the ability to
do the conversion is a recent invention because, prior to that, it was almost
impossible to meet the standards to convert a duplex to a condominium. She
reported that the Council at the time established the parking requirement and
determined that the appropriate body to review the permits was the
Modifications Committee. She added that the modifications permit also
provides the City with an opportunity to ensure compliance and to ensure all
procedural steps are met. Council Member Nichols asked how this could be
repealed. Ms. Temple stated that Council can call up the codes and review
them, and indicated that she could provide the code to Council Member Nichols.
3. PROPOSED REFUSE COLLECTION SCHEDULE CHANGES.
Utilizing a PowerPoint presentation, General Services Director Niederhaus
reported that the proposed refuse collection change would affect about 4% of the
residents (1,220 residential units) and improve efficiency. He introduced Refuse
Superintendent Russo and Management Assistant Hammond, and noted that
there are 31 employees in the refuse division. He reported that they average
about 40,000 to 42,000 tons of trash a year from about 27,500 residents. He
noted that they collect trash Monday through Friday, except during June and
September when they collect six days a week. He stated that the City mostly
uses the landfill in the Bonita Canyon area and collects trash from the west to
east sides of town. He reported that they are proposing to move 10 tons of trash
from Friday to Thursday, Thursday to Wednesday, etc. so they can continue to
have a lighter Monday and decrease the tonnage on Friday's route. He stated
that doing this would eliminate overtime and accumulated paid leave on Fridays
and provide more uniform tonnage collection throughout the week. Further,
this may decrease workers' injuries due to a more balanced schedule and will
reduce the City's liability with regard to the 19 collection trucks on the City
streets. Mr. Niederhaus displayed graphs of the current refuse collection
statistics, a graph of the proposed refuse collection statistics, and reviewed the
district changes, noting that District 3 is the only District that will not be
affected. He explained that the areas were selected because it would be easy to
notice and contain the area, and easy to keep the collection personnel informed.
Mr. Niederhaus reported that they will publish press releases, have cable
announcements, send out letters to the community associations and rental
agencies, distribute door hangers, and provide information on the web to inform
the public about the changes. He stated that they anticipate a smooth
implementation because they plan to do a good public relations process. He
indicated that the change does not need Council approval, but authorization
from the City Manager, and would take place the week of March 17. He added
that there will be a 30 day grace period and, if a resident forgets, they can call
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4.
Services to let them know they forgot to put their trash out.
UPDATE ON NEWPORT BEACH'S WATER QUALITY /STORMWATER
OBLIGATIONS.
Assistant City Manager Kiff utilized a PowerPoint presentation to review the
City's new stormwater obligations and noted that this is City Manager Priority
#5 (to develop an organizational response to the City's new National Pollutant
Discharge Elimination System ( NPDES) permit obligations). He reported that
the Federal Clean Water Act (CWA) requires States to protect recreational
waters from pollutants and Section 303(d) states that water quality limited
bodies must have clean -up plans (Total Maximum Daily Loads). He stated that,
in California, the State Water Quality Control Board and the nine regional
boards implement NPDES by issuing cities permits to operate the storm drain
system. He indicated that the current Municipal Separate Storm Sewer
Systems (MS4) permit was adopted by the Santa Ana Regional Board in
January 2002. Mayor Pro Tem Ridgeway pointed out that Council reviewed the
permit language prior to it being adopted by the Regional Board and was the
only city out of 34 who sent a letter of support. Mr. Kiff emphasized that the
permit does not just apply to the City, but to all the inland cities.
Mr. Kiff reported that the permit says that water in the gutter during dry
weather is probably illegal. He stated that the concern is with what the water
carries into the storm drains that are drained into the bay and ocean, i.e.
fertilizers, pesticides, car and truck chemicals, dog manure, bird droppings,
rabbit droppings, sediment, trash and yard debris, and soaps and cleaning
supplies. He emphasized that "safe" soaps kill some animals and take the scales
off of fish. He reported that whatever is in the gutter goes into the storm drain
through catch basin inlets which go straight into the ocean with no treatment
process. He noted that the City tries to filter it in some locations and, in very
few places during dry weather, the City intercepts it and diverts it to the sewer
line so it undergoes treatment. He displayed storm drain filters and catch basin
screens that were purchased with Clean Beaches Initiative money. He also
showed an aerial of the existing and future diversions. Mr. Kiff explained that
gutters are not dry during "dry" weather because residents, businesses,
homeowner associations, and sometimes the City over water landscaping, and
storefront windows, awnings, patios, driveways, and sidewalks are hosed down.
He pointed out that the solutions are easy and include designing projects better
so runoff water stays on site, designing parking lots with swales, installing
weather -based sprinkler controls, and planting xeriscape or drought tolerant
landscaping. He stated that Irvine installed this type of sprinkler control in a
pilot area and saw a 60% to 70% reduction of runoff. Mayor Pro Tem Ridgeway
noted that this technology will probably be used by all homes in the next five
years and reported that the hookup to the satellite costs about $4 a month.
Mr. Kiff noted that what is permitted in Anaheim Hills may not be permitted in
Newport Beach. He reported that the permit states that "certain discharges...
need not be prohibited..." (i.e. rainwater, potable water line flushing, landscape
irrigation, dechlorinated swimming pool discharges, non - commercial vehicle
washing, and emergency fire fighting flows). However, by November 15, 20032
the City must prohibit discharges of runoff from the washing of toxic materials
from paved areas, pet waste, yard waste, litter, debris, sediment, runoff from
storage areas, and water from the cleaning of municipal, industrial, and
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commercial sites, including parking lots, streets, sidewalks, driveways, patios,
plazas, work yards, and outdoor eating or drinking areas. Mr. Kiff noted that a
person who was over watering the lawn and washing their car at home might
pick up waste and carry it into the gutter. He believed that this may carry
enough contaminants, since the City is so close to the bay and ocean, to require
prohibiting these types of uses. Mayor Pro Tem Ridgeway noted that the City
complained about this point because there were complaints from a number of
people who owned businesses on major streets. He stated that people will need
to either sweep or use sandbags to dam the water and suck it up with a vacuum.
He noted that the City is currently using best management practices (BMPs)
when it conducts street repairs. Mr. Kiff added that there are companies that
specialize in these types of cleanings.
City Manager Bludau asked why washing a car in Anaheim Hills does not put
just as much pollutants into the waste stream as washing a car in Newport
Beach since the result will eventually be the same. Mr. Kiff stated that the next
part of the permit states that this type of activity need not be prohibited if a city
can determine that the water is treated or, by the time it reaches a water body,
the bacteria has died due to W light or natural processes which filter the water
so it is cleaner. He stated that Newport Beach does not have the opportunity to
have that type of treatment system due to the proximity of the City to the bay.
He indicated that this is an interesting interpretation and that he is unsure
where the Regional Board and others will go with this. However, Mr. Kiff
believed that those types of activities could be prohibited since a portion of the
permit states that discharges from the storm drain system cannot be legally
discharged to the extent that it causes the water quality to exceed the bacteria
standard. He noted that the standard is so low that very little contaminant can
trigger a beach closure.
Mr. Kiff referenced Attachment A of the staff report that highlights the types of
field inspections that are required by the permit and noted that some of the
inspections are fairly frequent. He stated that there is also an education and
training component for City staff, all the people who contract with the City, and
the builders and architects that come to the Planning desk to assist with designs
they can incorporate into their building plans. He reported that there is a plan
check component that requires the City to check each plan for water quality,
including most residential, most commercial, and all City public works projects.
He stated that there is also a water quality monitoring component, in addition
to what the County does today. He indicated that the City needs to participate
in a regional program to test for heavy metals, bacteria, viruses, etc. Mr. Kiff
reported that there is also an administrative component for reporting.
Mayor Pro Tem Ridgeway asked what happens with CalTrans and State public
works projects. Mr. Kiff reported that they are under a similar permit, but
believed that the City's permit is tougher. He stated that it is conceivable that
CalTrans and the State would have to capture and treat the water as they build
more highways, particularly in areas like Newport Bay where there is a problem
with toxic pollutants caused by cars.
Mr. Kiff reported that the permit requires that certain new developments
include a Water Quality Management Plan that includes retention facilities for
onsite treatment and specifically designed BMPs. He indicated that this would
require the City to inspect/clean storm drains more extensively; continue street
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sweeping; use more xeriscape materials; and inventory, inspect, and improve
fixed and field facilities. He highlighted the proposed organizational response,
noting that it is similar to what other cities and the County are doing. He
indicated that he and the City Manager discussed setting up a division which
would be run by Code Enforcement Supervisor Sinasek. He stated that it would
include a code services division and water quality division which would have
someone to handle the NPDES regulations, someone to work on education and
engineering, two people to conduct the field inspections, and someone to handle
the restaurants with regard to their capacity for grease interceptors or BMPs.
Regarding the cost, he noted that this could be done with three staff members
and a contracted grease interceptor inspector. He reported that there would be
an education component and a one time cost to upgrade deficient City facilities.
Mr. Kiff stated that the City Manager suggested transferring unfilled positions
to fill these positions so there would not be a net increase in staff. Further, the
food facility inspector could be funded through an inspection fee as part of the
business license associated with food preparation facilities, the water quality
plan check could be a plan check fee, and a portion of the existing water rate
could be used to fund the education and xeriscape planting program. He
indicated that Council should consider contracting out for some of these services
because it might save money or the City could use grant funds for one time
capital projects (screens, filters, diversions). He noted that some cities may
enact a voter - approved stormwater fee to pay for more street sweeping and
catch basin cleaning. He reported that the operation itself is not eligible for
grant funds.
Mr. Kiff reported that people can go to www.cleanwaternewport.com;
www.swrcb.ca.gov /rb8; www.stormwater.com; and www.ocwatersheds.com for
more information.
Mayor Pro Tem Ridgeway stated that the City's attitude when it sent the letter,
and probably still today, is that it must lead by example. He noted that it may
look expensive to the City, but some of the inland cities are looking at costs in
the millions in order to comply with the NPDES permit. He believed that not
doing all these things leaves room for the other cities not to enforce their
NPDES permits. Mayor Bromberg stated that Newport Beach is the leading
coastal city in California when it comes to environmentally sensitive issues
about water quality. He believed that the City has to do these things, otherwise
it cannot approach the inland cities and tell them what they need to do. He
added that this is a social responsibility, as well as a legal responsibility.
Council Member Adams asked if the City has increased liability exposure with
regard to the flood width on the streets because of the change in the inlet
efficiency. Mr. Kiff indicated that the City has been taking the catch basin
screens out from October to :March. Mayor Pro Tem Ridgeway noted that the
City has evidence that the screens and filters are mitigating the problem in
West Newport. Mayor Bromberg added that the screens are working well on
:Marine Avenue. He expressed his hope that other areas on Balboa Island will
also get them. Mr. Kiff emphasized that the goal is to stop debris before it gets
into the storm drains and to have the debris picked up by the street sweeper.
Council Member Webb stated that the City should also encourage its citizens to
conserve water because it is in a semi - drought and the groundwater basin has
been over utilized and soon will need to rely more on MWD water which is
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having problems because the Colorado River allocations have been cut back. He
indicated that watering landscape is probably the largest use of water in the
household and suggested looking at water conservation more intently since it
will, in turn, reduce water runoff.
Council Member Nichols asked if this is suggesting diverting storm sewers to
the sewage sewers during the summer. Mr. Kiff stated that the City has a
permanent diversion in place at Newport Dunes between March and October
and the City intends to divert five other areas using State grant funds. He
indicated that this will help the City ensure that Newport Bay stays clean in the
event of a spill. He stated that the ideal situation would be to use a gravity
system from the storm drain into a sewer line. He indicated that the City would
need permission from the Orange County Sanitation District and will possibly
have to pay a per gallon discharge fee. He noted that it is currently free to a
certain amount and the City has never come close to the threshold. Mayor Pro
Tem Ridgeway pointed out that more dry weather diversions are being done
throughout the County, causing the Sanitation District to quickly approach its
maximum capacity. He stated that it costs them money to process the water
and agreed that there will probably eventually be a surcharge or cost.
In response to Council Member Nichols' question, Mr. Kiff indicated that it has
not been possible to distinguish between animal and human bacteria. He stated
that there has been a lot of research to determine the source; however, the
published reports have been disappointing since they cannot do anything better
than if they randomly picked a source. He reported that agencies, like the
Sanitation District, send labs known sources so they could determine the source
using their testing methods, but they are not close. Council Member Nichols
noted that some of the beach closures are being caused by bacteria that people
will not get sick from.
Dennis Baker, Coastal/Bay Water Quality Committee, reported that California
has lost 90% to 95% of its wetlands due to construction, but there is a move at
the State, County, and city level to create constructed wetlands. He believed
that doing all these things will not make the water pure, but constructed
wetlands and regular wetlands do natural filtering. He stated that, if the City
constructs wetlands, it would gradually be putting back the natural elements
that can help. He suggested that this be part of the idea to clean the water and
meet the permit requirements. He stated that the public unfortunately
misconstrues the idea of what a constructed wetland is and believed that the
City needs to make the public aware that this is a natural area that will serve
many purposes.
Laura Dietz stated that this is actually about changing the behavior of the
citizens. She added that educating the youth through the Youth Council might
be a way to build a grassroots campaign at basically no cost.
Nancy Gardner, Coastal/Bay Water Quality Committee, stated that the
Surfrider Foundation has a proposal for a natural wetlands area along the
Santa Ana River that will hopefully come before Council during a study session.
She noted that diversion only helps in the short term since it only moves the
problem someplace else, and believed that a wetlands and changes in behavior
are more practical. She stated that this is an expensive program, but suggested
approaching non - profit organizations to assist with the outreach programs to
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take some of the burden off of the City. She reported that the Committee set its
priorities for the year and one of them is to reduce runoff in the City. She stated
that they will hopefully have a program running by the end of the year aimed at
the residents and homeowners associations who are a large part of the problem.
Mayor Pro Tem Ridgeway suggested that Mr. Kiff bring back the Committee's
four main goals for next year for informational purposes. He reported that the
Committee and Council created an education program for fifth graders that is
underwritten by a number of corporations. He indicated that the Youth Council
resists every time he pushes water quality to them, but he will keep pushing.
City Manager Bludau referenced Attachment A and noted that there are mostly
"noes" in the column that asks if the subjectlaction is done. He stated that it is
going to be a challenge for the City to get all "yeses" and have minimum
financial impact on the City. He believed that it is important that the City
centralize and assign responsibility and authority, and ensure that the
organization reflects the City's focused effort. Mayor Bromberg agreed,
emphasizing that Newport Beach is the first line of defense for the bay.
Council Member Nichols stated that a constructed wetland actually cycles the
water coming down a wetland and, if properly used, can be good. He added that
a wetland is just a water spot and only serves to help that small amount of
water evaporate without really cleaning it. He indicated that the Irvine
Regional Water District (IRWD) is proposing a constructed wetland at the old
ponds. Council Member Webb indicated that the Crystal Cove development has
several constructed wetlands which is an innovative way of passing water
through a wetlands area.
Regarding the organizational chart, Council :Member Webb asked if personnel
requests will be brought back during budget discussions. Mr. Bludau stated
that he is going to look at vacant positions, possibly not fill some of them, and
assign some to water quality inspections.
PUBLIC COMMENTS — None.
ADJOURNMENT — at 5:15 p.m
The agenda for the Study Session was posted on February 19, 2003, at 3:00 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 �rj II��
Regular Meeting
February 25, 2003 - 7:00 p.m. �� INDEX
STUDY SESSION — 4:00 p.m.
CLOSED SESSION — Cancelled.
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 Heffernan.
E. INVOCATION — Council Member Webb.
F. PRESENTATIONS
Presentation of $15,000 from the Arts Foundation. City Arts Commission
Chairman Michaels introduced several members of the City Arts Commission
and stated that the City Arts Commission is dedicated to providing cultural
programs for residents and visitors. She stated that the Newport Beach Arts
Foundation was created to support and extend the activities of the City Arts
Commission by raising private funds, supplemental to City appropriations. Arts
Foundation President Butera -King presented the facsimile check for $15,000 to
:Mayor Bromberg.
Mayor Bromberg acknowledged the efforts of the Arts Foundation and stated
that the staff report for Item No. 15, Cultural Arts Annual Report FY 2001 -2002
and Program Preview FY 2002 -2003, provides good information on what they
are doing. President Butera -King announced that a lecture demonstration on
dance would be taking place on March 8, 2003, at 3:00 p.m. at the Central
Library.
Presentation of the American Society of Civil Engineers (ASCE) Project
Achievement Award and the Orange County Engineers Council Plaque
to the City of Newport Beach for the Balboa Village Project. Council
Member Webb presented the awards to Principal Civil Engineer Stein, the
project manager, City Engineer Patapoff and Gary Dysart of Psomas, and listed
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INDEX
the many City departments and companies involved with the project.
Mayor Pro Tern Ridgeway commended both the Balboa Village Project and the
City Arts Commission.
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 an update on the maintenance and
legal ramifications, in regard to liability, for the relinquishment of Coast
Highway in Corona del Mar.
City Manager Bludau stated that the City Council previously approved
the process for relinquishment to move forward and directed staff to
negotiate with CalTrans. He stated that once the negotiations are
complete, staff will be making a recommendation to the City Council.
• Council Member Adams thanked staff for completing the median
landscaping on Jamboree Road. He additionally acknowledged the City
of Irvine for participating in the project.
• Council Member Proctor requested that a future agenda item look at the
possibility of the City providing funds to the Designated Drivers
Association. He stated that it is a worthwhile project and noted the
presentation that was provided at the City Council meeting of December
17, 2002.
• Council Member Proctor requested that staff look into an issue at Villa
Balboa regarding tree height restrictions. He asked if the City would be
involved in the enforcement or if the residents would handle the
situation through planned community development regulations.
• Council Member Heffernan announced that he and City Attorney
Burnham are still working on a future Study Session item addressing
campaign reform /conflict of interest rules. He noted that letters were
received from both Greenlight and Dave Ellis alleging serious campaign
problems.
• Mayor Bromberg announced that the Newport Beach Sister Cities
Association recently hosted four representatives from Okazaki, Japan,
and that a bench dedication was held on February 23, 2003, at Irvine
Terrace Park paying tribute to Wendell Fish and Moe Hamill.
• Mayor Bromberg announced that this year's Relay for Life in Newport
Beach will be held on May 2 & 3, 2003, at Newport Harbor High School.
He stated that Relay for Life is put on by the American Cancer Society
to raise funds and awareness for cancer. In 2002, the Newport Beach
event consisted of approximately 600 teams. More information can be
obtained by calling 949 - 644 -3004.
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I. CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. Item removed from the Consent Calendar by a member of the
INDEX
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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.
ORDINANCE FOR ADOPTION
3.
MODIFICATION OF PROVISIONS OF CHAPTER 17.28 OF TITLE
Ord 2003 -2
17 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC)
Vehicle Usage on
RELATING TO VEHICLE USAGE ON PIERS AND PLAZAS.
Piers and Plazas
Adopt Ordinance No. 2003 -2 amending Chapter 17.28 of Title 17 of the
(85)
NBMC.
RESOLUTIONS FOR ADOPTION
4.
Item removed from the Consent Calendar by a member of the
audience.
5.
CHANGE IN TERM OF THE AFFORDABLE HOUSING TASK
Res 2003 -13
FORCE. Adopt Resolution No. 2003 -13 changing the term of the
Affordable Housing
Affordable Housing Task Force.
Task Force (24)
CONTRACTS
AND AGREEMENTS
6.
Item removed from the Consent Calendar by a member of the
audience.
7.
ENCROACHMENT AGREEMENT AND LANDSCAPE
C -3600
MAINTENANCE AGREEMENT FOR CONSTRUCTION AND
Landscape
MAINTENANCE OF LANDSCAPE IMPROVEMENTS WITHIN
Maintenance
BISON AVENUE AND MACARTHUR BOULEVARD RIGHT -OF-
Agreement/
WAY WITH THE IRVINE COMPANY. 1) Approve a Landscape
MacArthur Blvd.
Maintenance Agreement, required by Caltrans, between the City of
(38)
Newport Beach and The Irvine Company for installation and
maintenance of landscape improvements within the MacArthur
Boulevard right -of -way; 2) approve an' Encroachment Agreement
between the City of :Newport Beach and The Irvine Company requiring
The Irvine Company to maintain all landscape improvements within the
MacArthur Boulevard and Bison Avenue right -of -way; 3) authorize the
City Manager and the City Clerk to execute the agreements; and
4) authorize and direct the City Clerk to have the Encroachment
Agreement recorded with the Orange County Recorder.
8.
AMENDMENT TO GIRL SCOUT LEASE AGREEMENT. Authorize
C -1955
the Mayor to enter into the 3rd Amendment to a 1987 Lease Agreement
Girl Scout Lease
with the Girl Scout Council of Orange County (GSCOC) that will extend
Agreement
the Girl Scouts' tenancy at the Girl Scout House (1700 West Balboa) to
(38)
Volume 55 - Page 650
City of Newport Beach
City Council Minutes
February 25, 2003
December 31, 2003.
MISCELLANEOUS ACTION
9. BUDGET AMENDMENT TO APPROPRIATE ADDITIONAL
FUNDS FOR STORM DRAIN MAINTENANCE CONTRACT
SERVICES. Approve a budget amendment (BA -043) appropriating
additional funds in the amount of $27,500 for storm drain maintenance
contract services.
10. BUDGET AMENDMENT TO APPROPRIATE FUNDS FROM THE
REIBER TRUST TO AN EXPENDITURE ACCOUNT. Approve a
budget amendment (BA -046) in the amount of $10,000.
11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE
NEWPORT BEACH ARTS FOUNDATION AND APPROPRIATE
FUNDS FOR A SHAKESEPARE BY THE SEA PRODUCTION AND
A CONCERT IN THE PARK PERFORMANCE AND CITY ARTS
COMMISSION BROCHURE. Approve a budget amendment (BA -044)
in the amount of $15,000.
12. Item removed from the Consent Calendar by Council Member
Nichols.
13. Item removed from the Consent Calendar by Council Member
Heffernan.
14. Item removed from the Consent Calendar by Council Member
Nichols.
15. CULTURAL ARTS ANNUAL REPORT FY 2001 -2002; PROGRAM
PREVIEW FY 2002 -2003 11NFORMATION ONLY). Receive and file.
Motion by Manor Pro Tern Ridgeway to approve the Consent Calendar,
except for those items removed (1, 4, 6, 12, 13 and 14).
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
1. MINUTES OF THE REGULAR MEETING OF JANUARY 28, 2003
AND THE ADJOURNED REGULAR AND REGULAR MEETING
OF FEBRUARY 11, 2003.
Jim Hildreth stated that some of his statements were misworded and
others were left out in the minutes of both the regular meetings. He
listed several areas that needed to be revised.
Volume 55 - Page 651
INDEX;
BA -043
Storm Drain
Maintenance
(40/51)
BA -046
Library Services
(40/50)
BA -044
Arts Foundation
Donation
(40/62)
Cultural Arts
Annual Report (62)
City of Newport Beach
City Council Minutes
February 25, 2003
Motion by Mavor Pro Tom Rideeway to waive reading of subject
minutes, approve as written and order filed.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
4. ASSIGNMENT OF WASTE MANAGEMENT OF ORANGE
COUNTY, A DIVISION OF WASTE MANAGEMENT
COLLECTION AND RECYCLING, INC., NON - EXCLUSIVE SOLID
WASTE FRANCHISE AGREEMENT.
City Manager Bludau corrected the title of the item to read,
"Assignment of Non - Exclusive Franchise Agreement with Waste
Management of Orange County, a Division of Waste Management
Collection and Recyling, Inc."
Dolores Otting stated that she is confused by the name change for Waste
Management and wanted to know what the name would be, why it's
being changed and who initiated it. Ms. Otting stated that USA Waste
and Waste Management merged, but she couldn't find USA Waste listed
on the stock exchange on the internet. She stated that Waste
Management is the largest company in the world for trash, but has a
legacy of environmental crimes. She stated that she couldn't
understand why the City would consider changing the franchise.
Mayor Bromberg requested that staff look into the legitimacy of the
company.
Bob Coil, Waste Management of Orange County, stated that the merger
is a technical one and is designed to make the company's tax reporting
much simpler. He stated that the technical merger is from one waste
management incorporated affiliate to another waste management
incorporated affiliate. He noted that USA Waste of California is
registered with the Secretary of State.
Motion by Mayor Pro Tom Rid6wav to adopt Resolution
No. 2003 -12 assigning the City franchise agreement with Waste
Management of Orange County, a division of Waste Management
Collection and Recycling, Inc. to USA Waste of California, Inc., dba
Waste Management of Orange County; and approve Agreement to
Assign the Waste Management of Orange County, a division of Waste
Management Collection and Recycling, Inc. Non - exclusive Solid Waste
Franchise Agreement to USA Waste of California, Inc., dba Waste
Management of Orange County.
Council Member Nichols suggested that the item be continued to verify
the statements made by Ms. Otting.
Volume 55 - Page 652
INDEX
Res 2003 -12
Solid Waste
Franchise
Agreement
Waste Management
of Orange County
(42)
City of Newport Beach
City Council Minutes
February 25, 2003
Mayor Pro Tom Ridgeway stated that the City has a long -term contract
with the company and there are no grounds for termination.
The motion carried by the following roll call vote
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg
Noes: Nichols
Abstain: None
Absent: None
6. BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE II —
AWARD OF CONTRACT (C- 3555).
Jim Hildreth stated that the construction work done on Little Balboa
Island for the undergrounding of utilities has resulted in some cracks in
the alley. He stated that he doesn't know what went wrong with the
construction work, but the City should consider the potential for the
same thing to happen again. He suggested that the lowest bid not
always be accepted.
Motion by Mayor Pro Tom Rideewav to approve the plans and
specifications; award the contract (C -3555) to Sully Miller Contracting
Co. for the total bid price of $135,565 and authorize the Mayor and the
City Clerk to execute the contract; and establish an amount of $13,565
to cover the cost of unforeseen work.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
12. BUDGET AMENDMENT TO APPROPRIATE A GIFT FROM THE
NEWPORT BEACH LIBRARY FOUNDATION AND FUNDS IN
THE DISTINGUISHED SPEAKERS LECTURE SERIES (DSLS)
LIBRARY HOLDING ACCOUNT INTO THE DSLS
EXPENDITURE ACCOUNT.
Council Member Nichols asked what the criteria is for selecting the
speakers and suggested that they be selected on a more equitable basis,
between conservatives and liberals. He stated that for the amount of
money being spent, the speakers should represent the median of the
philosophical values in the community.
Mayor Pro Tem Ridgeway stated that the issue is about freedom of
speech and added that the selection of the speakers is within the
purview of the Library Foundation.
Council Member Nichols stated that as a taxpayer, he shouldn't have to
support the lecture series. City Manager Bludau stated that the City
Volume 55 - Page 653
INDE}C
C -3555
Balboa Island
Pavement
Reconstruction
(38)
BA -047
Library Foundation
Donation
(40/50)
City of Newport Beach
City Council Minutes
February 25, 2003
doesn't contribute to the lecture series. It is funded by contributions
received by the Library Foundation.
Mayor Bromberg stated that even if the City did fund it, freedom of
expression has to be allowed. He added that members of the public do
not have to attend the programs if they don't want to.
City Attorney Burnham stated that the action before the City Council is
to consider a budget amendment, and not the selection of the speakers.
Motion by Mavor Pro Tom Ridgeway to approve a budget
amendment (BA -047) in the amount of $65,000.
The motion carried by the following roll call vote
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg
Noes: Nichols
Abstain: None
Absent: None
13. BUDGET AMENDMENT — JULY 4TH SPECIAL APPROPRIATION
— FISCAL YEAR 2003 -2004.
Council Member Heffernan stated that a presentation was made by the
Police Department at the Study Session on August 27, 2002, regarding
the situation on July 4th in the West Newport area. He stated that he
pulled the item so that the intent of the additional expenditures could be
explained.
Alan Silcock, President of the West Newport Beach Association, stated
that the association is comprised of approximately 300 members. He
referred to his letter of February 11, 2003, which was also included in
the staff report. Mr. Silcock stated that the West Newport Beach area
hosts approximately 100,000 visitors on July 4th and every year, the
situation seems to get more out of control and more dangerous. He
stated that the association formed a committee three years ago to
address the concerns. In 2002, the City formed a committee, the July 46
West Newport Safety Planning Committee, which has met and made
recommendations for July 4, 2003. He stated that the problem won't go
away, but that a message should be sent that things are not the same.
He stated that Newport Beach is a great place to enjoy a holiday, if it is
done responsibly. Mr. Silcock stated that the additional funding will pay
for the recommendations made by the committee. He encouraged the
City Council to support the budget amendment.
Peter Smith, West Newport Beach Association member, stated that he is
grateful that the City spends the money it does and provides the services
it does on July 4th. He stated, however, that the problem is the attitude
that the City has towards the West Newport area year round. He stated
that for West Newport to be brought up to the standards of the rest of
the City, enforcement of City codes must be done year round. He added
that it could also alleviate the problem on July 4th, because West
Newport wouldn't have the party reputation it currently has.
Volume 55 - Page 654
WNW
BA- 001/FY2003 -04
July 4th Police
Services
(40/70)
City of Newport Beach
City Council Minutes
February 25, 2003
INDEX
Gene Dorney thanked the City for its efforts and encouraged the City
Council to approve the budget amendment. He stated that the issue is
one of public safety, and that law enforcement does a great job with a
volatile situation, but that more needs to be done and improvements
need to be made. Mr. Dorney stated that if a serious injury or problem
can be prevented by the additional expenditure, it should be done. He
noted that it's a step in the right direction, but won't solve all of the
problems.
Mike Johnson stated that July 4th is a problem and the party reputation
of West Newport must be stopped. He stated that the City has to get
tougher and make a positive change in the atmosphere. Mr. Johnson
stated that the committee has worked hard. He asked the City Council
to support the recommended action.
Police Captain Henisey stated that the committee consists of council
members, community members and City staff. He stated that they
looked at several options for maintaining a safe and sane July 4th, and
that the additional staffing will provide for law enforcement on every
street in the affected area in West Newport. Street closures would also
be in effect and are necessary to maintain safety in the area. By
expanding the operations, a positive impact is expected.
Per Council Member Heffernan's question, Captain Henisey stated that
approximately 192 arrests were made from the morning of July 4, 2002,
through the morning of July 5, 2002. Of those, approximately 20 were
for felony violations. Council Member Heffernan noted that Huntington
Beach has decided not to have fireworks on July 4th, 2003, in an effort to
make the area less attractive to visitors. Captain Henisey additionally
noted that additional law enforcement staffing allows for a quick
response to any potential problems.
Margaret Dorney, Director of the West Newport Beach Association,
expressed her support for the recommended actions.
Motion by Council Member Proctor to approve a budget amendment
(BA -001) in the amount of $64,300 for the Police Department budget in
fiscal year 2003 -2004 to fund additional police resources for the July 4,
2003 holiday.
Council Member Proctor thanked all those who had participated on the
committee. He stated that an extensive survey was done with the
residents in the affected area and that 1000 people responded. He
reported that 20% of the respondents wanted to maintain the law
enforcement presence as it was in 2002, and 700/6 wanted to see it
increase. He stated that as a result of the survey, recommendations
were made by the committee that would preserve public safety at the
highest possible level while still permitting people to enjoy the holiday
in a safe and sane manner. He outlined how the additional funding
would be spent.
In response to comments made by Mr. Smith earlier, Mayor Pro Tom
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City of Newport Beach
City Council Minutes
February 25, 2003
Ridgeway disagreed and stated that the West Newport area is heavily
policed on a year round basis. He noted that 62% of the City's police
calls are for the West Newport and peninsula area. He commended the
Police Department, but agreed that a long -term solution is still needed
and suggested that more owner - occupied units would help the situation.
He hoped that the committee would stay together to come up with some
long -term solutions. He also felt, however, that it was important to
establish deterrents for the July 4th 24 -hour period.
Mayor Bromberg stated the problems on July 4th in the West Newport
area didn't happen overnight and they wouldn't be fixed overnight, but
the recommended action would be a start.
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. BUDGET AMENDMENT — CALIFORNIA SEAT BELT
COMPLIANCE CAMPAIGN PROGRAM — FISCAL YEAR 2002-
2003.
Council Member Nichols asked for an explanation of how the compliance
program will work. Captain Henisey stated that the budget amendment
is to provide funds for the Police Department to do seat belt use
education and enforcement.
Mayor Pro Tem Ridgeway asked how the citizens would be notified.
Captain Henisey stated that there are two periods during the year
where there is a statewide emphasis on enforcement, and that it
includes a multi -media program. He stated that the City would be
issuing a press release and providing information to the schools to
educate the public on the importance of wearing seat belts and that a
compliance campaign program would be in effect.
Council Member Nichols asked if warnings would be given, what the
fines would be for citations and if backseat drivers would also be cited.
Captain Henisey stated that the program will include warning citations
and actual citations requiring a person to' appear in court. He stated
that all passengers are required to wear seat belts, and that the laws for
children and child safety seats would also be enforced.
Council Member Proctor noted that the seat belt laws are not new.
Council Member Nichols asked what the fine would be. Captain
Henisey stated that the court does not provide specific fine information.
Council Member Nichols confirmed with Captain Henisey that a citation
would require a court appearance. He felt that the public should know
that the enforcement program would be taking place.
Volume 55 - Page 656
INDEX
BA -045
California Seat Belt
Compliance
Program
(40/70)
City of Newport Beach
City Council Minutes
February 25, 2003
r
l-B oT`'i,1
Council Member Proctor stated that the message from the City should
be that the public should comply with the seat belt laws throughout the
year. Captain Henisey stated that the public should also understand the
importance of wearing seat belts and that it could save them from
serious injury or death.
Mayor Pro Tom Ridgeway agreed with the comments of Council Member
Proctor and stated that it's a year -round safety issue.
Motion by Council Member Proctor to approve a budget amendment
(BA -045) of $5,174 for the Police Department budget in fiscal year 2002-
2003 to fund additional seat belt enforcement as a part of the California
Seat Belt Compliance Program.
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 stated that it was previously brought to the City Council's
attention that a City-installed ladder was unsafe and unwise. He noted
that the ladder has been removed by the City. Mr. Hildreth additionally
noted that due to the retirement of the Harbor Resources Director and
the replacement of the position by a Harbor Resources Manager, there is
now no one to take care of the City's documents. Mr. Hildreth displayed
a municipal services statement from the City. He stayed that the bill
will have to paid, but it will be paid out of protest due to incorrect
wording on the bill.
• Elaine Linhoff stated that the City's Modifications Committee approves
minor encroachments. She stated that she reviewed the actions of the
committee during the last seven months and that there were 36
approvals and 2 denials. Ms. Linhoff stated that most all of the
encroachments are being approved and that every time a structure is
being remodeled, it gets bigger. She also noted the many lot line
adjustments to combine lots, and stated that these are examples of the
City allowing creeping mansionization. She requested that the City
Council address the issue.
Council Member Nichols stated that he doesn't see a problem with a
resident combining lots and having a single family dwelling built. He
stated that this often results in less square footage than is allowed for
the lot.
• Laura Dietz requested that when a permit is issued for a private
fireworks display that the applicant be required to notify the public of
the event.
Volume 55 - Page 657
City of Newport Beach
City Council Minutes
February 25, 2003
INDEX
Dolores Otting confirmed that the letters from Greenlight and Dave
Ellis, as mentioned earlier by Council Member Heffernan, are available
to the public. Additionally, Ms. Otting stated that she recently read in
the local newspaper that the funding for the cover for the Big Canyon
Reservoir would be received this year and that the cover would be
installed next year. She expressed her dissatisfaction with such a delay
in having the cover installed. She suggested that a future Study Session
item address the water quality at the reservoir.
Mayor Bromberg suggested that Ms. Otting talk with Assistant City
Manager Kiff about her concerns. City Manager Bludau added that the
City isn't just waiting for the funding to come in before proceeding with
the installation of the cover. He stated that the design of the cover is
currently taking place and when completed, construction of the cover
will begin.
Council Member Heffernan added that there is much more involved with
the installation of the cover and that issues such as neighbor concerns,
landscaping, earthquake analysis and water purification are also being
addressed. City Manager Bludau noted that the water at the reservoir
is tested around the clock.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Ad Hoc General Plan Update Committee (GPUC). Council Member Adams
announced that GPUC met on February 24, 2003, and that they discussed their
recommendations for the vacancies on the General Plan Advisory Committee
(GPAC). He stated that this item would be on an upcoming City Council
meeting agenda. He stated that the committee also discussed the vision
statement and voted to recommend that the statement be looked at by the
Planning Commission and that they make a recommendation to the City
Council for adoption or endorsement. Council Member Adams received general
agreement from the City Council on the recommended process.
Local Coastal Program Certification Committee. Mayor Pro Tem
Ridgeway stated that the committee would be meeting on February 27, 2003, at
3:00 p.m. in the Council Conference Room. He stated that the draft report is
being reviewed by the department heads and their responses will be reviewed at
the upcoming meeting.
Newport Coast Advisory Committee (NCAC). Council Member Heffernan
stated that the NCAC is dealing with the fuel modification zones and a
modification to the preannexation agreement. He stated that the process to
modify the agreement will be extensive due to the details in the agreement and
the number of parties involved. He announced that the next meeting of the
NCAC will be on March 4, 2003, at 5:30 p.m. at Newport Coast Elementary
School.
Councilmanic Redistricting Committee. Mayor Bromberg announced that
the committee would be meeting the first week in March.
Volume 55 - Page 658
City of Newport Beach
City Council Minutes
February 25, 2003
M.
N
16. PLANNING COMMISSION AGENDA FOR FEBRUARY 20, 2003.
Planning Director Temple stated that there were six items on the
Planning Commission agenda for February 20, 2003, and that three of
the items were continued. Two were continued due to requests of the
applicants and one was continued to allow staff to research code
requirements requested by the Planning Commission. Planning
Director Temple stated that use permits for Me and My EV, the Bayview
Affordable Senior Housing project, and Tony Roma's and Bennigan's
were approved.
Assistant City Manager Wood added that the meeting began with a joint
meeting of the Planning Commission and the General Plan Update
Scoping Subcommittee to discuss the issues that should be addressed in
the general plan update process. She stated that this included a
discussion on what the roles of the Planning Commission and the City
Council should be throughout the process.
Planning Director Temple announced that three of the Planning
Commissioners would be attending the League of California Cities
Planners Institute to be held March 20 -22, 2003. She stated that since a
fourth member could also not attend the Planning Commission meeting
scheduled for March 20, 2003, the meeting has been canceled.
PUBLIC HEARINGS
17. COUNCIL REVIEW OF THE APPROVAL OF MODIFICATION
PERMIT NO. 2003 -003 — THE ENCROACHMENT OF A 12 -FOOT
WIDE ENTRY PORCH WITHIN THE 9 -FOOT FRONT YARD
SETBACK— 1530 & 1532 OCEAN BOULEVARD.
Council Member Heffernan stated that he called the item up for an
explanation of what the Modifications Committee does and how the
process works. Planning Director Temple stated that the City's Zoning
Code establishes the modification process and identifies which types of
variations can be addressed through the process. She stated that these
might include encroachments into required setbacks, fences and certain
types of architectural features. She stated that a property owner has
the right to apply, and there is a regular and routine process. The
meetings are open to the public and public hearing notices are provided.
The committee's considerations of the permits are based on the
standards established in the Zoning Code. Planning Director Temple
stated that she reviewed the setback encroachments that were reviewed
by the committee during the past year. Of the 33 applications, 18 were
approved as requested, 12 were approved as modified and 3 were
withdrawn.
Council Member Nichols stated that he's concerned about up /down
condominiums and their approval by the Modifications Committee on a
regular basis.
Volume 55 - Page 659
INDE}C
Planning
Commission
(68)
1530 & 1532
Ocean Blvd./
Modification Permit
No. 2003 -003
(68)
City of Newport Beach
City Council Minutes
February 25, 2003
INDEX
Council Member Adams stated that he respects why Council Member
Heffernan called the item up, but that the discussion needs to be
confined to 1530 Ocean Boulevard. He stated that, if desired, the
validity of the Modifications Committee could be agendized for a future
meeting.
Council Member Webb asked why the project is unique and would
require the porch to go into the setback area. Planning Director Temple
stated that there were two modifications prior to the current request,
both of which requested a decrease in the encroachment even though the
property was getting larger.
Mayor Bromberg confirmed that the encroachment request involved a
twelve -foot wide porch that would encroach two feet, eight inches into
the nine -foot setback. Planning Director Temple stated that the
committee approved an encroachment of two feet.
Per Council Member Adams' question, Planning Director Temple stated
that landscaping or any structure that is three feet or less is allowable in
a setback. Council Member Adams noted that this means that a setback
is not necessarily an area without anything in it.
Mayor Pro Tem Ridgeway stated that eves and fireplaces are also
allowed without a modification. Planning Director Temple confirmed
that there are certain permitted encroachments into various setbacks
and that they are usually limited in location or dimension.
Mayor Bromberg stated that this is why such requests are looked at on a
case -by -case basis.
Council Member Heffernan stated that in this situation, the applicant
received a modification, bought the lot next door and received another
modification. Planning Director Temple confirmed that the applicant
received the original approval in 1999 in association with the remodeling
of a house on a single lot. The adjoining lot was purchased prior to the
applicant implementing the approval. The second approval reduced the
encroachment and the third approval reduced it even further. Council
Member Heffernan confirmed that a lot line adjustment was also
approved.
Council Member Adams stated that he may not have approved the
earlier modifications, but that the current modification is for a reduction
in the entitlement and should be approved.
Mayor Bromberg opened the public hearing.
Rob Williams, KTGY Group, architect for the applicant, stated that the
1999 modification approved a two -foot, eight -inch encroachment into the
front setback for a fourteen -foot wide porch. Later, the applicant
purchased the adjoining lot and in October, 2002, a lot line adjustment,
the existing nonconformity and a new encroachment of two feet were
approved. Mr. Williams stated that the most recent modification asked
for a twelve -foot wide porch with a two -foot, eight -inch encroachment.
Volume 55 - Page 660
City of Newport Beach
City Council Minutes
February 25, 2003
He displayed a model of the new home and pointed to the location of the
entry porch and the changes that were made.
Council Member Webb asked if the existing home was being demolished.
Mr. Williams stated that the existing home is staying the way it is. He
explained that it is being added to, some interior work is being done and
the porch is being moved to provide for a more balanced home.
Elaine Linhoff stated that there were neighbors that were opposed to
the original modification. She stated that they were dissuaded from
filing an appeal due to the cost, which was $750 at the time and is now
$875.
Council Member Adams stated that an appeal is expensive, but a council
member can call up an item at no cost. He stated that the public can ask
a council member to call up an item.
Tom Tobin stated that he shares a twenty -foot alley with the Toohey's,
the applicant, and supports the proposed porch. He added that it's a
beautiful home.
Hearing no further testimony, Mayor Bromberg closed the public
hearing.
Mayor Bromberg agreed that the appeal process is expensive, but
reiterated that the public can contact a council member to call up an
item.
Motion by Council Member Adams to approve Modification Permit
No. 2003 -003 subject to the findings and conditions of approval adopted
by the Modifications Committee.
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. CURRENT BUSINESS [taken out of order]
21. ANNEXATION OF AREA 7 (WEST SANTA ANA HEIGHTS, SANTA
ANA COUNTRY CLUB AND SOUTH OF MESA) — LETTER TO
ORANGE COUNTY LOCAL AGENCY FORMATION
COMMISSION (LAFCO), FISCAL IMPACT AND RELATED
ANALYSES.
Motion by Mayor Brombere to continue the item to March 11, 2003.
Mayor Pro Tom Ridgeway stated that he would be abstaining from
voting on the matter due to a conflict of interest.
Volume 55 - Page 661
INDEX
West Santa Ana
Heights /Santa Ana
Country Club
Annexation
(21)
City of Newport Beach
City Council Minutes
February 25, 2005
Council Member Heffernan confirmed with City Manager Bludau that
this would not impinge upon any time - critical issues.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Adams, Webb, Nichols, Mayor Bromberg
Noes: None
Abstain: Ridgeway
Absent: None
18. BAYVIEW SENIOR AFFORDABLE HOUSING CONSISTING OF
150 UNITS ON APPROXIMATELY FIVE ACRES & UPPER
BAYVIEW LANDING VIEW PARK.
Senior Planner Campbell stated that the project was introduced to the
public at a workshop on January 23, 2003, and the City has prepared a
Mitigated Negative Declaration in accordance with the California
Environmental Quality Act (CEQA). The Planning Commission
approved the project at their meeting of February 20, 2003. Senior
Planner Campbell stated that due to the comments received during the
review process, the roof height has been lowered by five feet, from 40
feet above finished grade to 35 feet above finished grade, and a foot was
removed from the third level.
Using a PowerPoint presentation, Senior Planner Campbell displayed an
aerial photo of the project site with outlines of the proposed buildings.
Additionally, he displayed view simulations, with and without the
project, from five different locations.
Senior Planner Campbell stated that one of the issues discussed at the
Planning Commission meeting was parking adequacy. He stated that
the Planning Commission concluded that sufficient parking was being
provided. He noted that 180 spaces are being provided for 150 units.
Traffic congestion was also discussed, but none is expected and is noted
as such in the traffic study and negative declaration. He stated that
grade alteration was also discussed and is the subject of the site plan
review application. He noted that it was determined that the pad height
would need to be increased approximately five feet on average across the
site. Senior Planner Campbell stated that the project includes a
detention basin to provide for a ten -year storm water event. As
mentioned earlier in his report, he listed the lowering of the roof as a
change that was made by the Planning Commission. Public views were
also discussed at Iength and the Planning Commission concluded that
the use permit and application should be approved. He stated that '/-
acre of natural habitat would be removed, but it would be replaced on
the park site at a four -to -one ratio per the requirements of the mitigated
negative declaration. The mitigated negative declaration also requires
that additional testing and onsite monitoring be done in regard to
archeology, and the Planning Commission felt that this was adequate.
In regard to coastal bluff alteration, the Planning Commission felt that
there was a balance between minimizing the alteration with the City's
desire to build affordable housing on the site. Senior Planner Campbell
stated that other concerns 'expressed at the meeting included the
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INDEX
Use Permit
No. 2003 -003
Bayview Senior
Affordable Housing/
Upper Bayview
Landing View Park
(88)
City of Newport Beach
City Council Minutes
February 25, 2003
INDEI(
location of the site for senior affordable housing and the lack of nearby
services, but the Planning Commission felt that the site was suitable.
He pointed out that the mitigated negative declaration is for both
projects and although the Planning Commission does not have
jurisdiction over the park project, they did comment on the document.
Senior Planner Campbell displayed a conceptual grading plan and
reviewed some of the grading that is being proposed. He handed out an
errata sheet, which listed several changes to the mitigated negative
declaration. He stated that these changes to the grading plan do not
create any new environmental impacts or change the severity of any of
the previously identified impacts, which means that the document does
not need to be recirculated.
Mayor Bromberg asked if the height of the buildings could be brought
down at all. Senior Planner Campbell stated that the first and second
floors are each nine feet, and the third floor is eight feet. He noted that
these are floor -to -floor measurements, indicating that there really isn't
any space to take out of the building. He added that the grade can't be
lowered further without compromising drainage.
Council Member Nichols suggested that the buildings be turned around
and moved closer to Jamboree Road, which would reduce the view
impact. He noted that the park is beautiful, but has been reduced
dramatically in size. Council Member Nichols also questioned some of
the proposed grading and the impact on views. Using the conceptual
grading plan on display, Council Member Nichols and Senior Planner
Campbell discussed some of the details of the slopes and grades. Council
Member Nichols displayed an alternate project site plan that places the
three buildings closer to Jamboree Road and increases the available land
for the park.
Assistant City Manager Wood stated that the exchange of property
between the housing and park sites is even. She explained that the
configuration changes after the lot line adjustment, but size is not
affected. She noted that the detention basin would be on the park site.
Mayor Bromberg stated that it's important to remember that the bay
currently can't be seen from Coast Highway, but the view will be opened
up by the project.
Mayor Bromberg opened the public hearing.
Allan Beek stated that he supports the grading on the top of the bluff
that will open up the view of the bay from Coast Highway. He stated,
however, that although he understands that the exchange of property is
even, he doesn't feel that the detention basin should be on the park site
when it is there to serve the housing site. Mr. Beek agreed with the
suggestion by Council Member Nichols to move the buildings closer to
Jamboree Road. He stated that the buildings, as currently proposed, are
encroaching too far into the park.
Mayor Bromberg asked what the distance between the buildings would
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INDEX
be with the proposed plan. David Smith, Thomas Cox Architects, stated
that the distance ranges between 35 and 40 feet. Mayor Bromberg
pointed out that with Council Member Nichols' suggestion, the view
from Jamboree Road would be of a clump of buildings. Mr. Smith stated
that orienting the buildings towards Jamboree Road also increases the
impact of noise and congestion for the residents of the housing project.
Mr. Smith additionally pointed out that fire codes require a loop -road
system. Moving the buildings to Jamboree Road would not allow for the
second access road that is required. Mr. Smith stated that moving the
parking to the bay side of the project doesn't give the project the front
door view that is desired either. With the proposed plan, the parking
can't really be seen from Jamboree Road anyway due to the fact that
Jamboree Road climbs in elevation at that point. Mr. Smith stated that
the detention basin serves both sites and due to the location of the bike
path, it benefits both sites in its proposed location.
Mayor Bromberg asked for a response to the concern about the project
having adequate parking. Bill Whittey, The Related Companies of
California, stated that his company owns and operates several
affordable senior housing complexes. He stated that a particular project
in La Mirada has many similarities to the proposed Bayview project, and
is very popular and very successful. He stated that the parking at the
La Mirada site is 1.15 parking spaces for every unit. He stated that the
parking at the Bayview site is 1.20 spaces per unit. Mr. Whittey noted
that the parking at the La Mirada site is approximately 80% utilized at
any given time. He stated that space and driving utilization is different
at affordable senior housing complexes due to the makeup of the tenant
population and the income limits. He expressed his confidence that the
parking would be more than adequate.
Council Member Heffernan asked if the La Mirada site was similar to
the Bayview site in regard to the sloping area adjacent to the site, the
absence of street parking and the lack of nearby services. Mr. Whittey
stated that the closest retail area to the La Mirada site is one mile away
and the site is surrounded by a culvert which banks up to homes behind
it. He noted that the Senior Oasis Center is discussing the possibility of
offering transportation services for the Bayview site. Additionally,
Mr. Whittey stated that the Bayview site offers more amenities and is
considered a spectacular site for affordable senior housing.
Mayor Bromberg noted that it is just about the only site available in the
City.
Dennis Baker, Earth Resource Foundation (ERF), stated that the
foundation is in support of the project. He noted that the support is
based on 100% restoration of the natural habitat in the park and that
the park be a passive park. He explained that a passive park maintains
the natural habitat while offering walking and biking paths, and views.
Mr. Baker stated that the support of ERF is also based on the proposed
plans as currently submitted.
H. Ross Miller, Advocacy Chairman for the Friends of Oasis Senior
Center and Senior Housing Chairman, stated that the Friends accept
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February 25, 2003
INDEX
the Bayview site for a senior affordable housing project, feel that the
transportation and parking are adequate, and agree with the comments
made by Mr. Whittey. Mr. Miller stated that the Friends would be
operating a transportation system for the site. He stated that the need
for affordable senior housing is great and that the Friends also support
the loan agreement being recommended in Item No. 19. Mr. Miller
asked for the City Council's approval of the recommended action and
also hoped that the Coastal Commission would approve the project.
Council Member Heffernan asked how the tenant selection process will
work and if Newport Beach residents will have preference. Mr. Whittey
stated that fair housing laws disallow a restriction on occupancy at any
community development. He stated that a management plan will be
developed and marketing will be done through local organizations.
Mayor Bromberg asked if a lottery method would be utilized.
Mr. Whittey stated that it hasn't been determined yet, but that the
community will understand well in advance how the process will work.
Val Skoro, Chairman of the Parks, Beaches & Recreation (PB &R)
Commission Park Development Subcommittee, stated that the PB &R
Commission is in support of the project. He stated that many people can
walk to the park and many more will drive by it. He stated that the
park will be a passive /view park and that it will be important to make it
a resident - friendly park, which means that there may be some turf on
the site. Mr. Skoro stated that the PB &R Commission has not had the
opportunity to consider or make recommendations to the park landscape
design. He stated that the PB &R Commission would like the
opportunity to conduct a public outreach program. He specifically noted
the preliminary landscape plan, and stated that it's premature to discuss
irrigation and plant types until the grading is completed.
Mayor Bromberg stated that the funds for the park project are limited.
He noted that the Newport - Balboa Rotary Club has asked to participate
in the project.
Barry Allen stated that he's in support of the project, but feels that the
parking is inadequate. Additionally, he felt that the retention basin
should be built for a 25 -year storm. Lastly, Mr. Allen asked if there was
any parking designated for the park.
Mayor Bromberg stated that there is no parking planned for the park.
Mr. Allen stated that he lives too far away to walk to the park.
Debra Allen, Chairman of the PB &R Commission, stated that the
commission is in support of the project, but agreed with the earlier
comments by Mr. Skoro that the irrigation and vegetation of the park
should not be specified at this stage in the process.
Council Member Webb stated that additional grading on the park site
will allow for a better view from Coast Highway and Jamboree Road.
Ms. Allen stated that the more view, the better.
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Mayor Bromberg asked if the reference to irrigation could be removed
from the conceptual plans. Senior Planner Campbell stated that this
could happen and the details can be worked on later. He stated that it is
important, however, that language designating the site as a view park
and open space, and the use of the area for coastal sage mitigation
remain.
Steve Morrison stated that he is in support of senior housing, but he has
several concerns with the proposed project. He stated that he heard that
the pad height only needed to be raised 2.5 feet. He asked that this be
incorporated into the plans. Mr. Morrison stated that it should also be
clear that one of the conditions of using the Bayview site for senior
housing is that The Irvine Company gets 30,000 square feet of
commercial space in Fashion Island. Lastly, he stated that he is also
concerned about the adequacy of the parking and the retention basin.
City Attorney Burnham stated that the transfer of entitlement is
mentioned in the staff report and is also a part of the land use element.
Assistant City Manager Wood stated that the pad height has not
changed and will remain at five feet.
Kahn Lee stated that he owns property near the site and that he worked
hard to earn the money to make the purchase possible. He stated that
the requests of the residents in his community have been ignored.
Mr. Lee suggested that the first and second floors each be lowered by
one foot to eight feet. He also agreed with Mr. Nichols' suggestion to
rotate and move the buildings closer to Jamboree Road. In closing, Mr.
Lee stated that the concerns of the residents in his community should be
considered.
Walt Nutting stated that there's a problem with saying that the project
will have no negative impact. He stated that seniors walk and to
assume that they don't, is wrong. He stated that the project is one block
away from a shopping center and Balboa Island, and he expressed his
concern for seniors crossing Coast Highway at Jamboree Road. He
additionally noted that Newport Beach is different than La Mirada and
it shouldn't be assumed that there will primarily be one person living in
each unit with one car.
Mayor Bromberg confirmed with Mr. Nutting that he was aware of the
income requirements that must be met to qualify as a resident at the
project.
Ray Halowski, Surfrider Foundation, stated that he noticed quite a bit of
pavement for the parking lot and bicycle trails in the plans. He
suggested that porous pavement be used, because it is better for the
environment and will take some of the pressure off of the retention
basin.
Judith Ahearn expressed her concern for the lack of parking. She asked
for a clarification on the height of the pads. Senior Planner Campbell
displayed the conceptual grading plan and pointed to the changes being
made to the grading. Ms. Ahearn confirmed that the pad heights are not
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February 25, 2003
changing.
INDEX:
Council Member Webb stated that what is being changed is that the roof
height is being lowered five feet.
Jan Vandersloot stated that he supports the concept of the project and
the combination of the housing and park projects into one project. He
agreed with the recommended changes to the grading and the increase
in the amount of coastal sage scrub. Dr. Vandersloot noted that there
are two archeology sites in the area. He requested that the extent and
the significance of the sites be investigated prior to any grading being
done. Dr. Vandersloot also agreed with the change to have less
alteration to the bluff face. He stated that much of the environmental
support for the project is based on the designation of the park as a
natural view park with native vegetation restored. He did agree that
some type of temporary irrigation will be needed on the site. He further
suggested that the retention basin be increased to a 25 -year storm event.
He supported the basin being in the park area and noted that it could
serve as a public education tool regarding urban runoff. In closing,
Dr. Vandersloot asked that the City Council approve the project.
Council Member Webb pointed out that the mitigation measures do
include test excavations on both of the archeology sites.
Hearing no further testimony, Mayor Bromberg closed the public
hearing.
Mayor Pro Tom Ridgeway stated that he's the chairman of the Housing
Task Force. He stated that the site is 5.6 acres and is owned by The
Irvine Company, who is donating the site for the project. Mayor Pro
Tom Ridgeway further noted that the transfer of entitlement for the
commercial space has been in the text for years. He stated that the 150
units helps to meet the City's obligation to the State and the region for
affordable housing and that the need is great. He expressed his support
for the project.
Motion by Mayor Pro Tom Ridgeway to adopt the Draft Mitigated
Negative Declaration, as amended per the terms on the errata sheet;
approve Use Permit No. 2003 -003, Site Plan Review No. 2003 -001, as
amended to increase the grade of the building sites, and Lot Line
Adjustment No. 2003 -011, subject to the findings and conditions of
approval adopted by the Planning Commission (PA2002 -246); approve
the conceptual plans, after revisions are made by staff, for the Upper
Bayview Landing view park and authorize staff to submit a Coastal
Development Permit application to the California Coastal Commission
for the view park project as a joint application with the affordable senior
housing project; and direct staff to provide the ability for the Parks,
Beaches & Recreation Commission to conduct an outreach program for
the design of the park.
Mayor Pro Tom Ridgeway stated that the plan suggested by Council
Member Nichols would look like one big wall from Jamboree Road. He
stated that there are adequate view corridors with the proposed plan
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February 25, 2003
and feels that the plan has been prepared responsibly.
Council Member Nichols stated that the proposed plan doesn't provide
the views that his suggested plan would and, in addition, the proposed
plan reduces the size of the park. He stated that he supports affordable
housing, but feels that a better plan could have been designed.
Pointing to the conceptual grading plan on display, Council Member
Webb stated that the proposed plan improves the view corridors, which
is a key element in the plan.
Mayor Bromberg stated that he is proud of the project and noted that
there are approximately 12,000 seniors in the City. He thanked those
involved with the project and specifically acknowledged Assistant City
Manager Wood.
The motion carried by the following roll call vote
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
Recessed at 10:40 p.m and reconvened at 10:50 p.m with all members present.
P. CURRENT BUSINESS [taken out of order]
A
22. POTENTIAL REVISIONS TO CITY TREE ORDINANCES AND
POLICIES.
Motion by Council Member Webb to continue the item to March 11,
2003.
Noting the number of people in the audience present for the item, Mayor
Pro Tom Ridgeway requested that the item be taken as early in the
meeting as possible.
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. DEVELOPMENT LOAN AGREEMENT WITH NEWPORT
HOUSING PARTNERS, L.P. FOR SENIOR AFFORDABLE
HOUSING AT LOWER BAYVIEW LANDING.
Assistant City Manager Wood stated that there are a series of
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INDEX
City Tree
Ordinances &
Policies
(62)
C -3601
Bayview Senior
Affordable Housing/
Development Loan
Agreement
City of Newport Beach
City Council Minutes
February 25, 2003
agreements that would govern the City's loan of $1 to $1.5 million to the
Lower Bayview Landing Senior Housing project. She noted that there is
a guarantee by The Related Companies to complete the project within
five years, free of all liens. Additionally, she noted that the additional
$500,000 that may be needed is conditional and would only be used if
the project becomes subject to prevailing wages caused by the developer
failing to meet the schedule outlined in the loan agreement.
Council Member Heffernan stated that in the completion guaranty,
section 2, the sentence midway through the paragraph should read
`...shall pay the lender the lesser of $250,000 or the then outstanding
principal.... ...
Noting Assistant City Manager Wood's earlier comments, Mayor Pro
Tem Ridgeway stated that action at the State level could exempt
affordable housing projects from prevailing wages. He stated that it is
unlikely that the additional $500,000 will need to be used.
Motion by Mayor Pro Tern Ridveway to authorize the Mayor to
execute the agreements in substantially the same form as presented and
as amended by Council Member Heffernan.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
20. MARINAPARK RESORT PROJECT — RECOMMENDATIONS OF
AD HOC COUNCIL COMMITTEE — PROPOSED CONCEPTUAL
APPROVAL OF PROJECT DESCRIPTION AND SECOND
PROPOSED AMENDMENT TO SUTHERLAND TALLA
HOSPITALITY (STH) AGREEMENT.
Mayor Bromberg announced that the Sutherland Talla Hospitality
Resort Project Review Ad Hoc Council Committee is recommending that
the City Council commence a process to bring the Marinapark Resort
project issue to a vote of the electorate. He stated that approving the
recommended action does not mean that the City Council is
recommending approval of the proposed project. The site plans,
however, will be considered as the project for the purposes of preparing
the Environmental Impact Report (EIR). Mayor Bromberg noted that a
vote of the people is not required under the guidelines of Measure S, but
the developer has indicated that he would like to bring the issue to the
voters, which would mean that an EIR is not required. He added that if
the project went to a vote of the people due to the request of the City
Council, an EIR would be required and paid for by the developer. The
ad hoc committee feels that a vote is appropriate due to the fact that the
issue has been a subject of controversy and the property is bayfront
property owned by the City. The property also rests on State -owned
tidelands property, of which the City is the steward. Mayor Bromberg
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(38)
C -3389
Sutherland Talla
Hospitality/
Marinapark Resort
Project
(38)
City of Newport Beach
City Council Minutes
February 25, 2003
INDEX
stated that having a vote is a good thing and the intent of Measure S.
He felt that is was also important to have an EIR prepared.
Council Member Proctor asked for an explanation of what the City's
obligations are in regard to the property and development on the site.
City Attorney Burnham stated that in 2000, the City Council received
and reviewed approximately eight proposals for the redevelopment of
Marinapark. The Sutherland Talla Hospitality proposal for a resort
complex was selected as the concept that the City would like to pursue,
and an agreement was entered into between the City and Sutherland
Talla. City Attorney Burnham stated that this obligated Sutherland
Talla to submit planning documents that would be evaluated by the City
to determine if the project would be the one the City would pursue for
purposes of the California Environmental Quality Act (CEQA). Per
Council Member Proctor's question, City Attorney Burnham added that
the State Lands Commission has determined that the property consists
primarily of tidelands and would be inappropriate for
permanent residential use. City Attorney Burnham stated that the
recommendations of the ad hoc committee include direction to
staff to prepare amendments to the agreement to implement the
recommendations of the ad hoc committee. He noted that this would be
agendized for the March 11, 2003, City Council meeting.
Mayor Bromberg noted that the general plan update process included a
telephone survey, and that one of the questions asked if there should be
a hotel on the peninsula. Mayor Bromberg reported that most people
responded in the negative. He stated that some people have interpreted
this to mean that the City should not let the Marinapark Resort project
go to a vote. Mayor Bromberg stated that the general plan update
process covers the entire City and the survey was not meant to act as a
survey for any specific project.
Council Member Heffernan agreed that it's good to let the people vote on
the project, even though it is not required under the guidelines of
Measure S. He asked for a clarification on how the process would work
and, specifically, if the voters would be voting on the concept of a hotel
at the site or if they'd be voting on the specific plans of a project. City
Attorney Burnham stated that the ad hoc committee is recommending
that the City Council approve the 110 -room resort complex represented
in the site plans submitted by Sutherland Talla as the project for the
purposes of the EIR only. The EIR process would then take place, but
the City Council would not actually approve or deny the project. Council
Member Heffernan stated that it seems that the City Council would first
have to decade what will occur at the site, since the EIR process would
look at that chosen project. City Attorney Burnham stated that the EIR
process also looks at alternatives to the project. One alternative would
be "no project" or no change to the land use element, which for the
Marinapark site is recreational/open space. He stated that other
alternatives would include "no development" or leaving the site as is
with the mobilehome park use, and an alternative for implementation of
the current recreational/open space designation. Council Member
Heffernan asked if the park concept would be developed to the degree it
would be if park were the chosen project for purposes of the EIR. City
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INDEX
Attorney Burnham stated that, typically, the alternatives are not
analyzed to the same level of detail as the project. He added that the
City Council has the right to do a project -level analysis on any of the
alternatives.
Council Member Nichols asked if the City is required to pursue the hotel
use due to the agreement with Sutherland Talla. City Attorney
Burnham responded in the positive and stated that hotel use is what the
City Council decided to pursue in 2000. He noted that Sutherland Talla
has complied with their obligations under the agreement and the ad hoc
committee is recommending that the City Council embark upon a
process that would fully inform the voters of the impacts of the hotel and
alternative uses.
Mayor Bromberg added that the EIR would also be reviewed by the
Environmental Quality Affairs Citizens Advisory Committee (EQAC).
City Attorney Burnham stated that there will be a substantial amount of
time from when the EIR is ready for Planning Commission and City
Council review and when action needs to be taken to put the measure on
the ballot. Other reports can also be requested by the City Council to
assist the voters in their evaluation.
City Attorney Burnham confirmed for Mayor Pro Tem Ridgeway that
the City would have to certify the EIR.
Council Member Webb suggested that clear direction be provided to the
voters on what will happen to the site if the hotel is voted down. He
specifically suggested that the EIR clearly cover in sufficient detail the
result of implementing the recreational/open space designation.
Council Member Adams stated that Sutherland Talla's desire to put the
project before the voters allows the project to shortcut the CEQA
process, which is not right and a problem with Measure S. He stated
that the remedy is for the City to be preemptive and make sure that the
CEQA process is followed, which is the reason he is supporting the
project going to the voters.
Council Member Heffernan agreed that the City Council is giving up
something it should be deciding. He confirmed with City Attorney
Burnham that the recommendation by the ad hoc committee is a
consistent extension of the original agreement to proceed with a
Sutherland Talla hotel at the site.
Council Member Nichols asked exactly what a negative vote for the hotel
would mean. City Attorney Burnham stated that it would mean that
the general plan and land use element in the land use plan of the local
coastal program would not be changed, which would mean that
community facilities consistent with tidelands use would be
implemented for the recreational/open space designation.
Elaine Linhoff stated that at the recent Mayor's Dinner, Mayor
Bromberg stated that the general plan update is the most important
issue facing the City Council. She stated, however, that instead, the
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INDEX
City Council seems to use the general plan when it suits them and
ignore it, when it doesn't. She pointed to the Cannery Lofts project as
an example of a project that was approved while ignoring the general
plan. She stated that the same is true of the Sutherland Talla proposal.
Ms. Linhoff stated her support for the matter going to a vote.
Tom Hyans, President of the Central Newport Beach Community
Association, stated that the Association's policy is that if the current
uses at the site are not renewed, the site should be converted to public,
marine - oriented recreational use. He suggested that the agreement
with Sutherland Talla be terminated immediately. Mr. Hyans cited
previous actions by the City Council that were inconsistent with the
general plan and the desire of the public. He stated that the public,
through the general plan update process, has indicated that they do not
want a hotel at the site. He asked that the City Council not ignore the
message being sent by the public. He added that the revenue
projections for the hotel aren't accurate and, in addition, the City has no
obligation to generate revenue on State tidelands. He stated that public
benefit on the site should be acceptable and any private use should yield
fair market value. Mr. Hyans requested the City Council proceed with
an acceptable use for Las Arenas park and beach, and that there are
numerous reports and studies supporting development of public,
marine - oriented uses for the property.
Mayor Bromberg pointed out that Mr. Hyans is a member of the
Greenhght Steering Committee, which sent the message that the public
should be allowed to vote. Mayor Bromberg stated that the City Council
has not voted to allow the project to go forward, the developer has only
been given the opportunity to prepare environmental documents. He
can't understand why anyone wouldn't want to allow the people to vote
on the project, particularly with an EIR being prepared and the facts
being presented. He added that the general plan update process is an
overview of the entire City and not focused on any one project.
Geoffrey Davis stated that he's convinced that the Sutherland Talla
project will be good for the neighborhood. He expressed his support for
the project and stated that a small, deluxe hotel and restaurant on the
site will bring added encouragement for the young families in the area
that are building their permanent homes. Mr. Davis stated that paving
a parking lot and creating another beach will only bring more
undesirable visitors to the peninsula and have a negative impact on the
City's revenue. He stated that hotels such as the one being proposed by
Sutherland Talla, can be the crown jewel of the neighborhood and could
add measurably to the quality of life on the peninsula.
Baron Bernard, Bernard Hotel, stated that he has provided development
consulting services to hotel developers, and assisted owners and lenders
in turning around bankrupt hotels. He stated that an updated
development analysis, with current market information, has not been
prepared for the revised proposal submitted by Sutherland Talla, and
would not render a positive opinion in the area's overbuilt hotel market.
He suggested that the City Council question the appropriateness of
proceeding with the proposal without undertaking a new feasibility
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INDEX:
study that takes into account the change in the market since the
previous study was done. Additionally, Mr. Bernard stated that the
"Regent" brand is not known in the United States. He asked the City
Council to consider the possibility of owning a failing hotel property.
Steve Sutherland, Sutherland Talla Hospitality, stated that he has more
faith in the economy recovering than Mr. Bernard. He additionally
noted that there have only been a few additional hotel rooms opened in
Newport Beach in the past several years. Mr. Sutherland stated that
Regent is co -owned by Carlson Companies, which also owns Radisson
Hotels, and Four Seasons Hotels & Resorts. He stated that Mr. Hyans
believes that the site should remain as a mobilehome park, which only
benefits a small number of fulltime residents. He pointed out that
Mr. Hyans is a real estate broker and lists the site as one of the City's
best kept secrets. Mr. Sutherland stated that he feels strongly that the
project should be decided by the voters and he agrees with the
recommendations of the ad hoc committee.
Steve Barnard asked exactly what a vote of the people would mean and
if there would be an opportunity to discuss other alternatives. City
Attorney Burnham stated that the vote would be either to amend the
general plan and designate the site for a hotel, or to have the
designation of the site remain as recreational, environmental open
space. He noted that the EIR would evaluate several uses for the site.
Larry Porter stated that the public has already voted and they have said
that they do not want a hotel on the site. He stated that it would be a
waste of time to put the matter before the voters.
Mayor Bromberg stated that approximately 800 to 900 people attended
the two visioning festivals, as a part of the general plan update process.
He noted that in the November 2002 election, 28,000 people voted and in
the November 2000 election, 38,000 people voted. He stated that this
represents fair representation.
William Darling stated that the project makes sense financially. He
stated that it's a good project and the people should be allowed to vote.
Steve Dobbie stated that he supports the project. He stated that a
boutique, resort hotel of the size, character and density proposed would
be a great asset to the City and he supports it going to a vote of the
people.
Dolores Otting asked if the EIR would go out with the sample ballots
and stated that it is important to consider how the project will be
presented to the voters. She noted an article in the Orange County
Register that discussed the slowdown of the hotel boom in Orange
County. She also expressed her concern for alcohol being served at the
hotel with an elementary school across the street, the traffic congestion
that will be created by the hotel and the outlook for the economy.
Mayor Bromberg stated that the EIR would be too large to go out with
the sample ballots but it will be reviewed by the City and EQAC, and the
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INDEX
information will be made public.
Jan Vandersloot stated that the best use of the land is as it is currently
zoned, which is recreational, environmental open space. He stated that
the vote should be whether the current designation should be retained.
He expressed his concern for giving public land to a private individual,
and noted that the biggest hurdle for preserving environmentally
sensitive land is the acquisition of the land. Dr. Vandersloot stated that
a park would be utilized by residents of the community, that the site
provides one of the last remaining views of the bay and that, through
the general plan update process, the public has indicated that they do
not want a hotel on the site. He expressed his understanding that
permanent residential structures are not allowed on tidelands, but
asked if a hotel isn't also considered a permanent residential structure.
City Attorney Burnham stated that the tidelands trust requires that
tidelands be used for purposes of commerce, fishing or navigation, and
that a hotel would be permitted as a commerce use.
Craig Bally stated that the project is a City -wide issue. He expressed
his support for having the voters decide.
Carol Martin stated that she does not support the project because it is
not in the best interest of the community. She stated that Las Arenas is
the only location in the City where children's sailing lessons are
provided, and the growth in the schools will mean an increase in
participation. Ms. Martin stated that the hotel's success is a gamble, but
the value of a public bay and beach is proven.
Mayor Bromberg stated that the City Council is not making a decision
on whether the project should be approved. It is only deciding if the
issue should go to a vote of the people.
Mayor Pro Tom Ridgeway noted that the sailing program will remain, if
the proposed hotel is developed.
Don Donaldson stated that Sutherland Talla had the option to develop
the site from 151h Street to 18th Street, which included the American
Legion property. The interest in the American Legion property was
released, and it provided the opportunity for the City and the American
Legion to negotiate a lease. He thanked those involved for making this
possible. Mr. Donaldson noted that although the Central Newport
Beach Community Association meets at the American Legion property,
the American Legion doesn't necessarily endorse their opinions.
Martha Henderson stated that Sutherland Talla will develop a hotel
with class. She expressed her support for the project.
Council Member Heffernan stated that when he supported Sutherland
Talla proceeding with an EIR,it was with the understanding that the
exclusive right to negotiate had already been approved and he felt that
it was appropriate to allow Sutherland Talla to proceed. He stated that
because the project has changed, the EIR has not been done yet. City
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Attorney Burnham confirmed that the extensions were authorized in the
agreement and were needed due to revisions in the site plan. Assistant
City Manager Wood stated that the action by the City Council initiated
the general plan amendment and planned community development plan,
which required Sutherland Talla to submit planning documents and the
economic study. Council Member Heffernan confirmed with City
Attorney Burnham that Sutherland Talla has complied with its
requirements. Council Member Heffernan stated that if project is
approved, a ground lease will need to be negotiated and a relocation of
the existing tenants will need to occur. He asked if the voters will be
made aware of the expected costs of relocation and the details of the
ground lease. City Attorney Burnham stated that those decisions would
be up to the City Council if the hotel is approved but suggested that the
process might include the appointment of an ad hoc committee, which
could prepare a memorandum of agreement prior to the vote to provide a
clearer picture as to what would happen environmentally and
financially if the hotel is approved.
Council Member Nichols stated that the proposed hotel should be
considered in the general plan update process and not be singled out for
a vote by the people, which will not give the project adequate debate.
Mayor Bromberg stated that the use of the site has been an issue for
several years and has generated quite a bit of spirited discussion. He
stated that it would be optimum to let the electorate make the decision.
Council Member Nichols stated that he's not opposed to a vote, but
believes that it should be for retaining the current designation on the
site and not for the hotel. City Attorney Burnham stated that the
sample ballot can include a statement on what the effects of the vote
would be and what the environmental documents concluded. He
believes that voters will have a clear understanding of what their vote
will mean.
Motion by Mayor Pro Tern Ridgewav to direct the City Attorney to
prepare amendments to the existing STH Agreement that would confirm
that the City will prepare an EIR for the project; and establish a process
whereby the project would be submitted to the voters in November 2004
after the EIR is certified, and any related reports are reviewed by the
City Council; and approve, solely for the purposes of CEQA compliance,
the proposed site plan (110 room hotel/resort and marina) as the "final
project description ".
Council Member Webb asked if the environmental documents would
include the relocation study. City Attorney Burnham stated that an
analysis of the impacts associated with a change in use at the site would
be included, but not take the place of the relocation report. Council
Member Webb stated that he agrees with having the information
provided in the environmental documents. He stated that the citizens in
the City have spoken fairly clearly that they don't support a hotel at the
site, but they should have all the information before them prior to
casting their vote.
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City Council Minutes
February 25, 2003
Council Member Heffernan asked for a clarification of exactly what the
voters would be voting on. City Attorney Burnham stated that the City
Council will determine the language that will appear on the ballot and
that this would occur when the election is called. He added that the
language would need to include the details of the proposed hotel project
and the change in land use.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg
Noes: Nichols
Abstain: None
Absent: None
Q. MOTION FOR RECONSIDERATION - None.
R. ADJOURNMENT - at 12:20 a.rrL in memory of Bob Goldin.
The agenda for the Regular Meeting was posted on February 19, 2003, at
3:00 pan. 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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