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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 Volume 54 - Page 601 INDEX Saddleback College Drug Program/ Operation Clean Sweep (78) City of Newport Beach Study Session Minutes December 11, 2001 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. Volume 54 - Page 602 INDEX Functional Budgeting (40) k City of Newport Beach Study Session Minutes December 11, 2001 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. Volume 54 - Page 603 INDEX Councilmanic Redistricting (33) I City of Newport Beach Study Session Minutes December 11, 2001 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 Volume 54 - Page 604 INDEX Local Coastal Program Certification (68) Z City of Newport Beach Study Session Minutes December 11, 2001 INDEX 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. Volume 54 - Page 605 City of Newport Beach Study Session Minutes December 11, 2001 INDEX 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 Volume 54 - Page 606 i City of Newport Beach Study Session Minutes December 11, 2001 INDEX 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 Volume 54 - Page 607 City of Newport Beach Study Session Minutes December 11, 2001 negotiating power. INDEX 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 Volume 54 - Page 608 City of Newport Beach Study Session Minutes December 11, 2001 INDEX 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. Volume 54 - Page 609 City of Newport Beach Study Session Minutes December 11, 2001 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 O\, *A, Recording Secretary NE U 1 L0 Mayor ''e, R � N1A r 4 Volume 54 - Page 610 INDEX