HomeMy WebLinkAbout12/11/2001 - Study Session1
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
December 11, 2001- 3:45 p.m.
ROLL CALL
Present: Ridgeway, Glover, Bromberg, Proctor, Mayor Adams (arrived at
4:50 p.m.)
Absent: O'Neil, Heffernan (excused)
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
In regards to Item No. 4, Proposed Harbor Commission, Council Member
Bromberg stated that the terms of the members need to be staggered. He
explained that all appointments would be made at the same time, but that
the end of those terms should be staggered. City Manager Bludau noted
Attachment A of the staff report where the terms are specified as being
staggered. City Attorney Burnham explained that the staggering is done
according to the procedure in the City Charter and that the members
themselves stagger their terms by lot.
2. DRUG PROGRAM PRESENTATION.
Dick Wilson, Chair of the Department of Human Services at Saddleback
College, introduced Kathy Burnham and Michael Merryman. Mr. Wilson
stated that Saddleback College received a grant from the Health Care
Agency of Orange County to implement educational and environmental
strategies for the prevention of alcohol and other drug problems affecting the
college population and its surrounding communities by leveraging the
combined efforts of students, faculty and staff to build a positive and
effective policy and establish new community norms.
Mr. Wilson explained that Saddleback College would be attempting to do
three things, with the first being taking a look at the college's existing policy
regarding alcohol and other drugs. He stated that the policy would be
updated where necessary. Secondly, Mr. Wilson stated that the college is in
the process of doing surveys to find areas in the communities where there
are problems and where an impact can be made. Lastly, Mr. Wilson stated
that recommendations would be made to a task force on what improvements
can be made.
Mr. Wilson stated that the presentation is being made at the current
meeting because Saddleback College students reside in Newport Beach. He
stated that his group would like to come back to the City Council in a few
months with recommendations on what the City can do to help make the
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community safer for everyone. He thanked the City Council for their time.
Council Member Proctor asked how the City might be able to assist the
college with its efforts. Mr. Wilson stated that the recommendations that
will be made should provide useful information for the City.
In response to Mayor Pro Tem Ridgeway's question, Mr. Wilson stated that
there are 23,000 students at Saddleback College. Referring to the staff
report, Mayor Pro Tem Ridgeway asked Mr. Wilson to provide the same
information to the audience about the significance of the alcohol problem.
Mr. Wilson stated that 44% of all college students, nationally, binge drink
and half of them frequently drink to get drunk. He stated that death and
injury are two times the rate of academic failure, violence, unsafe sex and
police trouble. He stated that more money was spent on alcohol over the
past year than on textbooks. He noted that there are also secondhand binge
effects. Mr. Wilson stated that the information is shocking. Mayor Pro Tem
Ridgeway thanked Mr. Wilson for providing the information to the City.
3. "FUNCTIONAL BUDGETING" — GEORGE JEFFRIES LETTER
(CONTD. FROM 11/13/01).
City Manager Bludau noted the letter received earlier in the day from
Mr. Jeffries. Referring to the letter that Mr. Jeffries wrote on September 30,
2001, City Manager Bludau stated that Mr. Jeffries was critical of the City's
current budget format because it prevents an analysis of the performance of
City personnel, a financial review of the type that can be done with
functional budgeting and an analysis of what City personnel are doing.
Council Member Glover stated that not everyone can understand a budget.
She suggested that Mr. Jeffries learn more about the budgeting process.
Council Member Proctor stated that he has read the staff report and
understands performance -based budgeting. He requested that the report be
received and filed. Council Member Proctor added that it is staffs job to
analyze suggestions, such as Mr. Jeffries', and to make presentations to the
City Council when it is deemed appropriate by the City Manager. In this
case, Council Member Proctor stated that the concept is not a new one and
he didn't feel that it was appropriate as a Study Session item.
Council Member Bromberg stated that he has also read the letters and the
staff report, has spoken to Mr. Jeffries and didn't feel that a presentation
was necessary.
Mayor Pro Tem Ridgeway stated that he is satisfied with the City's current
budgeting process, but added that it is the responsibility of the City Council
to address constructive criticisms made by citizens.
Council Member Glover disagreed that it is the City Council's responsibility
to make sure that every citizen understand the City's budget. She stated
that it is not expected that a budget would be understood by everyone.
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Mayor Pro Tern Ridgeway stated that he was only pointing out that the
process needs to be open to the public to offer constructive criticism.
Additionally, he stated that through the budget process, the City Council is
inundated with information from the departments and there is adequate
opportunity to critique each line item of the budget. He stated that it's a
complex issue and he is satisfied with the delegation of authority and the
decisions that are made.
City Manager Bludau stated that the budget serves, first and foremost, the
City Council. He explained that it is the document in which the City
Council's priorities are established. He added that it is staffs responsibility
to give the City Council as much information as needed to feel comfortable
with approving a final budget. Additionally, City Manager Bludau stated
that every budget has faults and strengths. He noted that a performance
budget allocates staffs time to specific projects, but doesn't address
unforeseen programs and ends up being an inaccurate budget because staff's
time is estimated. City Manager Bludau stated that a line item budget does
provide the opportunity to look at performance and program issues, and
raise questions about the organization.
4. COUNCILMANIC REDISTRICTING.
City Manager Bludau noted that the staff report includes the language of
Section 1005 of the City Charter, which establishes the process for
redistricting and the parameters for when it takes place.
Council Member Bromberg stated that he chaired the subcommittee, which
also included Council Members Heffernan and Proctor, and that they met
twice, making effective use of a computer program. He noted that the City
Charter only requires redistricting when the districts are very unbalanced,
and that there are areas in the City that are currently unknown such as
Banning Ranch, Bay Knolls and Santa Ana Heights. He stated that the staff
report includes a recommendation by the subcommittee and three options.
Council Member Bromberg stated that the subcommittee decided that there
wasn't a significant reason to redistrict all of the councilmanic districts now,
when it will need to be done in a few years anyway. He stated that the
recommendation is to leave the districts as they are, with the exception of
adding Newport Coast to District 7. He suggested that the item be
agendized for the City Council meeting of January 8, 2002,
Council Member Proctor added that the subcommittee also had to take into
consideration that the Newport Coast area could only be incorporated into
one district. City Manager Bludau stated that this was a part of the
agreement with the area and would only be in effect for the first election
cycle after the annexation.
Council Member Glover agreed that it was appropriate to place Newport
Coast with District 7. She stated that although the population in the district
will be higher than the other six, the district doesn't have some of the multi-
faceted issues that the other districts have.
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Barry Eaton, 727 Bellis Street, stated that when deciding on the
redistricting, the City Council should consider the relationship between
District Nos. 6 and 7. He explained that the population of Newport Coast
will require that it be split among two districts in the future, most likely into
District No. 6, and consideration should be given to the election of the
District 6 Council Member in 2002. He stated that adding all of Newport
Coast to District No. 7 doesn't provide its citizens with the opportunity to
run for the opening in District No. 6.
Mayor Pro Tem Ridgeway agreed that it was unfair, but that the City had to
comply with the agreement with the Newport Coast area. He noted that the
issue was discussed during negotiations.
Tom Hyans, Peninsula resident, stated that District Nos. 1 and 2 will be
looked at to provide revenue for the services provided to District No. 7. He
additionally noted that there are four City Council seats up for election in
2002. He stated that by adding all of Newport Coast to District No. 7, it
limits the number of people that can run for those seats. He understands
the agreement with Newport Coast, but stated that the rest of the City needs
to be considered also.
Council Member Bromberg stated that the subcommittee tried to make sure
that every district was on the water and to keep village atmospheres
together where they exist.
Mayor Pro Tem Ridgeway added that redistricting and splitting the Newport
Coast area into more than one district could take place after the 2002
election. He also asked if Crystal Cove State Beach was a part of Newport
Beach. City Attorney Burnham stated that it would be after the annexation.
Mayor Pro Tem Ridgeway noted that the map included with the staff report
was incorrect. He stated that it was important to make the correction, as it
would illustrate that every district has a substantial waterfront component.
Senior Planner Campbell stated that the correction would be made.
Additionally, he complimented Assistant Planner Kain for his contributions.
City Manager Bludau confirmed with Mayor Pro Tem Ridgeway that staff is
being directed to introduce a Redistricting Ordinance at the City Council
meeting of January 8, 2002.
Mayor Pro Tem Ridgeway recessed the meeting at 4:25 p.m.
Mayor Adams reconvened the meeting at 4:50 p.m.
5. LOCAL COASTAL PROGRAM CERTIFICATION (JOINT WITH
PLANNING COMMISSION).
Assistant City Manager Wood stated that the City has had Local Coastal
Program (LCP) certification on its work program since at least 1993. She
stated that staff works on parts of it when workloads permit and have been
in touch with the Coastal Commission. She stated that one of the serious
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issues has been the categorical exclusion. She explained that some
residential areas are currently exempt from the coastal development permit
requirement, but that this could change when the City is certified. Assistant
City Manager Wood stated that another issue relates to access to private
beaches, but the Coastal Commission has indicated that they would leave
those areas as they are unless major development is proposed.
Assistant City Manager Wood stated that in 1999, the City applied to the
Coastal Commission for a grant to do the certification. She stated that an
extensive work program was put together, with quite a bit of focus on the
land use plan and a marketing feasibility study. She stated that the grant
request totaled $407,000, but that the staff to the Coastal Commission only
recommended $150,000. She stated that the City declined the grant in 1999
because it was felt that the commitment to complete the certification within
two years might not be met.
Assistant City Manager Wood stated that the City has never submitted a
formal package for certification. She explained that the City is nearly built
out and coastal development permits aren't needed very often. She added,
however, that with the annexation of the Newport Coast area, the City has
changed the way it is looking at this issue. She stated that staff has met
with the staff to the Coastal Commission, but hasn't received clear
information on what is required in the submittal. She stated that the
Coastal Commission has provided extensive information on the land use
plan and that the correspondence was included with the staff report.
In response to Mayor Adams' question, Assistant City Manager Wood stated
that discussions and negotiations with the staff to the Coastal Commission
will continue, and that much of it will occur prior to any public hearings.
She stated that many of the issues will go before the Planning Commission
and will include the land use element of the general plan. She added that if
the visioning process for the general plan update is completed in July and if
the land use issues are looked at first, then staff feels that they will meet the
submittal deadline for certification. Mayor Adams additionally asked if staff
would like the City Council and the Planning Commission to discuss the
committee that is being proposed. Assistant City Manager Wood stated that
when the zoning code update was done a few years prior, a joint committee
was very helpful during the process and staff feels that the same would be
true during the LCP certification process.
Mayor Pro Tern Ridgeway confirmed with Assistant City Manager Wood that
the advisory committee for the zoning code was comprised of six people,
three of which were Planning Commission members and three of which were
Economic Development Committee (EDC) members. Assistant City
Manager Wood stated that staff is recommending that the steering
committee for the LCP certification be made up of three Planning
Commission members and three City Council members.
Mayor Adams additionally confirmed that the committee members would be
appointed at a regular meeting of the City Council.
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Mayor Pro Tom Ridgeway asked for a clarification on who the Coastal
Commission is comprised of and who makes the appointments. Senior
Planner Alford stated that the information in the staff report was obtained
from the Coastal Commission website and the California Code. He
additionally explained that there are six at -large members from the various
regions and that the appointments are made by the Governor, the Senate
Committee on Rules and the Speaker of the Assembly. He noted, however,
that the numbers don't seem to add up correctly and he would do additional
research to obtain the correct numbers.
Council Member Glover stated that whenever the City attempts to start the
LCP certification process, the effort is stopped because it is found to be
onerous. City Manager Bludau stated that it can only be looked at as a long-
term effort and needs to be done for the residents in the community who
have had to go to the Coastal Commission on their own. Council Member
Glover stated that the reason for going through the process needs to be
remembered as the effort begins.
Mayor Pro Tern Ridgeway added that it should also be remembered that
SB516 needs to be complied with. City Manager Bludau additionally added
that another key provision is that the City only needs to submit the LCP by
June 30, 2003.
Senior Planner Alford stated that, earlier in the year, the City sent the staff
to the Coastal Commission all of its coastal related documents. He stated
that the comments the City received back concentrated on the land use plan
and that he would discuss some of the key issues where staff would need
guidance in regards to policy. Senior Planner Alford stated that the Coastal
Commission and the Coastal Act require that on- street parking and public
parking lots be reserved for coastal zone visitors. Secondly, the City was
asked to identify and have policies to protect the environmentally sensitive
habitat areas. Thirdly, the report stated that the City should have a broader
definition and restrictions on development in the coastal bluff areas. Senior
Planner Alford stated that another issue discussed in the response was
hazard areas. Specifically, stronger policies need to be in place for flooding,
bluff instability and erosion. Another issue is the need for the City to update
its water quality policies. And, a broader policy regarding coastal views in
general is also needed. Senior Planner Alford stated that public access on
the private islands, in the gated communities and on private docks also
needs to be addressed. He added that the emphasis is on new development
and significant changes to existing development. Senior Planner Alford
stressed that these items are dealing primarily with the land use plan, and
that other issues may be identified as the City develops new policies.
Mayor Pro Tem Ridgeway stated that he hopes the eelgrass issue is resolved
prior to the LCP submittal. He noted that the City is working with the Army
Corps of Engineers and the Coastal Commission on the Safe Harbors
Agreement to allow the City's master dredging permit to move forward, but
that eelgrass is proliferating in some areas. He noted a landowner who
recently found out he would have to pay $20,000 to $30,000 to get a coastal
permit on his own. Mayor Pro Tom Ridgeway stated that the bay could be
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shut down without the agreement.
In response to Mayor Adams' question, Senior Planner Alford stated that the
purpose of the joint session at the current meeting was to make the Planning
Commission and the City Council aware of the complexity of the issues, as
well as to receive feedback. He stated that the Planning Department is
specifically looking for a way to bring the issues forward in the future, such
as to a steering committee that can provide direction to the Planning
Department.
Mayor Pro Tem Ridgeway noted that SB516 imposes a $1,000 fine per month
for every month after July 1, 2003, that the City does not submit its coastal
plan.
The City Council and the Planning Commission took their seats at the
conference table. In attendance from the Planning Commission were
Commissioners Kranzley, Selich, Agajanian and McDaniel, Vice Chairman
Kiser and Chairman Tucker.
Chairman Tucker stated that quite a bit of detailed information was
provided in the letter from the Coastal Commission, and will entail a
complete review of the certified land use plan. He stated that the steering
committee will have to establish an action plan, and come back to the City
Council and the Planning Commission as issues arise.
Council Member Bromberg agreed that the steering committee has much to
do. He stated that the letter illustrates the challenges that the City faces
and the many issues that need to be addressed. He additionally agreed with
comments made earlier by Mayor Pro Tem Ridgeway that the Coastal
Commission is not concerned about the bay remaining open and accessible to
all boats.
Council Member Proctor asked if the steering committee would be formed at
the current meeting, and suggested that Mayor Pro Tem Ridgeway and
Council Members Bromberg and Heffernan be appointed.
Mayor Adams suggested that the composition of the committee be discussed
and that those that are interested in serving on it should make their desire
known.
Mayor Pro Tem Ridgeway asked if federal legislation could preempt the
actions of the Coastal Commission. City Attorney Burnham responded in
the negative. Mayor Pro Tem Ridgeway stated that he hopes that the
Coastal Commission will allow the City some leeway or mitigation.
Assistant City Manager Wood stated that a resolution establishing the
committee will have to be adopted.
Council Member Glover stated that as the issues are addressed, the way of
life in Newport Beach is going to change. She stated her concern for the
change and hoped that the steering committee would have some kind of
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Mayor Adams asked what the impacts might be in terms of projects and
parking, and if current plans would be grandfathered in. Assistant City
Manager Wood stated that she thought they would, and that the main
concern is for current uses that are nonconforming. She stated that the City
has been able to grant parking waivers in the past, but that this could
change with the Coastal Commission's request that public parking be
utilized by visitors. She added that this could be one of the toughest issues
to deal with. Vice Chairman Kiser asked for more information on how the
development in the Newport Coast area would be impacted by the LCP.
Mayor Pro Tem Ridgeway stated that the Newport Coast area has an LCP in
place. He stated that it is held in place by SB516 so there would be no
impact. Vice Chairman Kiser asked what the detriments to the City would
be for not having an LCP in place. Mayor Pro Tem Ridgeway noted that it
will cost the City $1,000 per month for every month after July 1, 2003. City
Manager Bludau pointed out that the fine is imposed prior to submittal, not
prior to certification. Assistant City Manager Wood added that the staff to
the Coastal Commission has been unclear about what qualifies as a complete
application. Vice Chairman Kiser noted that an important part of the
process will be to have the ability to negotiate with the Coastal Commission.
Commissioner Kranzley stated that it is time that the City understands the
guidelines, and the issues that violate individual property rights and impede
the economic viability of commercial areas. He stated that if the Coastal
Commission requests are met, there will be significant negative impacts to
the City. He stated that he is ready to tackle the issues.
Mayor Pro Tem Ridgeway stated that the City is currently working with the
staff to the Coastal Commission, but that they take their direction from the
Commission. He stated that the Commission is appointed by a democratic
Governor, Senate and Assembly, and feels very empowered. Additionally,
Mayor Pro Tem Ridgeway asked if Nolan & Dolan applies to the issues that
the City might face. City Attorney Burnham stated that it does. Chairman
Tucker asked what the consequences would be if the City failed to act. City
Attorney Burnham stated that the fine would be one consequence, but that
the Coastal Commission could be given the authority to write the City's LCP,
as is being done in Malibu. City Attorney Burnham noted that some issues
will be difficult to resolve, but that others should be fairly easy.
Mayor Pro Tem Ridgeway stated that he is concerned about someone in the
coastal zone remodeling and having to provide public access across their
land. City Attorney Burnham stated that, under such a circumstance, he
didn't believe that there were any valid dedication requirements for public
access.
Council Member Glover stated that the steering committee will need
background information and history on when people in the State have had to
release their property. She stated that she wants to preserve the way the
citizens in Newport Beach currently live. City Attorney Burnham stated
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that he could provide the historical information, and agreed that Newport
Beach is one of the few harbors that has private property adjoining
tidelands. Assistant City Manager Wood added that the City pointed out to
the staff to the Coastal Commission in June, 2001, that the vast majority of
the coastline in Newport Beach is accessible to the public. The staff to the
Coastal Commission, however, wanted a policy that would allow public
access when there is major new development.
Mayor Adams asked if development would change the private beach access
at Cameo Shores. Assistant City Manager Wood stated that Cameo Shores
is an example of an area that could be grandfathered in, but that there needs
to be a clear definition on what constitutes new development. City Manager
Bludau stated that the Coastal Commission approaches each community
differently and wants to tailor each LCP.
Commissioner Selich asked how the LCP process would dovetail with the
general plan update. Assistant City Manager Wood stated that it is hoped
that the land use plan and the land use issues could be worked on in the
general plan update as soon as the visioning process is completed, in July or
August. She explained that if the land use issues are focused on, the Coastal
Commission schedule should also be met.
Mayor Adams suggested that one of the council members and one of the
planning commissioners that's on the steering committee also sit on the
general plan update committee. He explained that this would provide a link
between the two committees. He added that the City Council first has to
approve the formation of the steering committee, and then the mayor would
appoint the members.
Philip Bettencourt, Newport Banning Ranch, stated that he believes the
Newport Banning Ranch Draft LCP would meet the statutory requirements
of the Coastal Act and the concerns of the staff to the Coastal Commission.
He stated that the plan is currently on hold pending an internal
management review by the partners of the property and the Taylor Woodrow
executives. He stated that the proposed intensity is less than the current
development and added that his group is ready to meet and confer, in good
faith, to meet the requirements of the development. He noted that the
development is exclusively within the jurisdiction of the Coastal
Commission.
Commission Kranzley stated that he would be interested in serving on the
steering committee. He noted that he's a resident on the peninsula and a
member of the general plan update committee. Additionally, Commissioner
Selich and Council Member Bromberg expressed their interest.
PUBLIC COMMENTS — None.
ADJOURNMENT — 5:45 p.m.
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The agenda for the Study Session was posted on December 5, 2001, at
3:40 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building. The revised agenda for the Study
Session was posted on December 6, 2001, at 11:20 a.m. on the City Hall
Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
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Recording Secretary
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