HomeMy WebLinkAbout01 - Minutes - 03-22-2005City Council Meeting
April 12, 2005
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes DRAFT
Study Session
March 22, 2005 - 4:10 p.m INDEX
ROLL CALL
Present: Heffernan (arrived at 4:30 p.m.), Rosansky, Webb, Ridgeway, Daigle,
Nichols (arrived at 4:15 p.m.), Mayor Bromberg
Absent: None
CURRENT BUSINESS
CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None.
2. REPORT ON STATUS OF SPHERE ISSUES DISCUSSIONS.
Former City Attorney Bob Burnham stated that the sphere issues that the City is
working on include County properties and services that are located in or adjacent
to Newport Beach that impact, or have the potential to impact, Newport Beach
residents. The issues include John Wayne Airport, Santa Ana Heights
Redevelopment Agency, Coyote Canyon, Newport Coast and Newport Ridge park
and open space, and Upper Newport Bay. The sphere issues process came about
after recommendations from the Airport Policy Review Committee, which felt that
it would be a good idea to move forward with the County in a cooperative mode on
other issues, in addition to the airport. The Sphere Issues Committee was formed
in December of 2003.
Mr. Burnham stated that the Santa Ana Heights Redevelopment Agency has been
the subject of a series of discussions related to the City taking over the
responsibilities of administering the redevelopment agency. In regard to the
Coyote Canyon Landfill, the City is in the process of determining the condition of
the landfill, and the gas and groundwater collection systems, and evaluating the
methane production profile. The technical reports should be available in sixty to
ninety days. Several County open space and park properties have also been
identified in Newport Coast and Newport Ridge. again with the idea of the City
taking over maintenance of these sites and bringing them up to City standards.
Lastly, there have been discussions on the roles of the City and the County in
Upper Newport Bay.
Mr. Burnham stated that the discussions continue on the John Wayne Airport and
the City is looking at alternative ways to provide protection to Newport Beach
residents relative to the levels of service provided at the airport. The alternative
that is currently being evaluated by the legal team is the concept of developing a
joint powers agreement with the County.
Mayor Bromberg stated that he and Council Members Ridgeway and Rosansky
serve on the Sphere Issues Committee.
Bud Rasner stated that he initially supported the concept of sphere influence as it
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related to the airport, but was pessimistic. He stated that he is now convinced
that the committee has come up with a terrific plan. He called it "bundling" and
believed that the County would look favorably at it. He urged the City Council to
support the work of the committee.
Dan Gilliland, Aviation Committee member, stated this his expectations weren't
high either, but that he now commends the City Council and the committee, and
hopes that the work continues.
Bob Caustin, Defend the Bay, expressed his support for the work of the committee
as it relates to the Upper Newport Bay.
Dolores Otting also expressed her support for the progress being made by the
committee. In regard to the Coyote Canyon Landfill, she asked how the transfer
of liability was being handled. She also asked when the contracts with the outside
consultants were approved, what their areas of expertise are and how much
money has been spent. Regarding Upper Newport Bay, Als. Otting asked how the
tideland could be transferred on a revenue neutral basis. She stated that it will
cost the City money to maintain the tidelands and the taxpayers should know how
much. Lastly, she expressed her disagreement with ad hoc committees meeting in
private.
Mr. Burnham responded to Ms. Otting's questions and concerns by stating that
the City could be potentially liable for issues related to the Coyote Canyon
Landfill, but that it is being looked at. He additionally noted that the resolution
establishing the Sphere Issues Committee contained the authorization to retain
the consultants and explained that the tideland transfer would be revenue
neutral. City Manager Bludau added that the City Council through its approval
of the current year's budget did allocate money for sphere issues.
Mayor Bromberg added that to suggest that ad hoc committees should not meet in
private shows a lack of understanding for how City government works. He stated
that if the meetings were open to the public, the City wouldn't be able to
accomplish what it does.
Council Member Ridgeway stated that there may be a small cost associated with
the Upper Newport Bay, but that it's a reasonable cost to incur.
Mayor Bromberg stressed that the most important issue facing the City is the
airport, and that no other issue is as significant in terms of the future and the
quality of life to the residents of Newport Beach.
Gus Chabre, Newport Bay Naturalists and Friends, Board President, agreed that
the City needs to become more active in bay issues.
3. MORNING CANYON STABILIZATION PROJECT.
Using a PowerPoint presentation, Principal Civil Engineer Bob Stein displayed an
aerial photo of the Cameo Highlands area and noted that approximately 25 lots
border Morning Canyon. The canyon is owned by these property owners, although
the City does own a 22 -foot easement.
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Council Member Kosansky asked what the purpose of the easement is. Public
Works Director Badum stated that it was probably required by the engineers
when the subdivision was approved to most likely reserve the area for a future
drainage facility. He stated that the easement is not in the natural flow line of
the creek. Mr. Stein added that the subdivision was constructed in 1959 and the
City annexed the area in 1960. He referred to the aerial photo and pointed out
some of the other features in the area. In 1997, there was a massive slope failure,
which caused the City to monitor the canyon more carefully. He displayed several
photos showing the severe bank erosion that has occurred in the creel: and in
response to Council Member Rosansky's question, stated that several properties
are in eminent danger if a slope failure were to occur.
Mr. Stein displayed a list of the things that have been done to the canyon and
stated that each of them has impacted its stability. He displayed several aerial
photos showing what the stream flows were prior to the development of Newport
Coast and what happened when Surrey Canyon was filled when Cameo Highlands
was constructed. With the use of more current aerial photos, Mr. Stein explained
that the sediment supply to Morning Canyon has been reduced by approximately
50% due to the Newport Coast development, and the addition of hardscape and
groomed fairways. He stated that although The Irvine Company did a good job
with their master drainage plan, they did not consider the sediment supply. Mr.
Stein stated that when a solution for Morning Canyon is looked at, the sediment
that is there has to be protected from erosion because new material is not being
supplied to it.
John McCarthy, RBF Consulting, stated that RBF was hired by the City to
perform studies that would show what the current condition of the watershed is.
He stated that the City wanted an understanding of what is happening to the
canyon and how it can be restored to a more natural state. Mr. McCarthy stated
that the goal of the studies was to identify what a stable slope would be for the
creek. Currently, the length of the creek is 1500 to 2000 feet, and it has
significantly eroded approximately halfway up. If something is not done, it will
continue to erode up to the Pelican Hill Golf Course.
In response to Council Member Nichols' question, Mr. McCarthy stated that there
is a fixed point at the bottom of the creek where a box culvert is located to convey
flows under Coast Highway and at the top of the creek where a detention basin is
located. In between these two Cited points, the slope varies from 2% to 5% and is
not stable, and the flow continues to pick up sediment, which degrades the slope
further.
Mr. McCarthy stated that to stabilize the canyon, drop structures need to be
created that would control the flow and dissipate the energy. He displayed the
stream restoration plan that was developed by RBF, and explained that once the
location of the drop structures was determined, alternatives were looked at on the
type of drop structures to use. He displayed a drawing of a gabion drop structure,
which was determined to be the most effective. It is essentially a wire basket
filled with rocks.
In response to Council Member Ridgeway's question, Mr. McCarthy explained
that the water would cascade over the drop and the energy would dissipate on the
lower pad, creating a reduced flow velocity through the canyon, which would
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result in less erosion. He added that the gabion structures are standard and are
acceptability to the regulatory agencies. Mr. McCarthy displayed photos of what
the gabion drop structures actually look like in place.
In response to Council Member Daigle's question, Mr. McCarthy stated that the
location of the drop structures were selected by taking the existing grade and such
things as trees into consideration.
In response to Council Member Nichols' question, Mr. McCarthy stated that some
type of erosion protection would also be done at the existing 51 -inch pipe outlet.
Mr. McCarthy displayed additional photos of the existing creek and what the
gabion drop structures might look like upon installation and after two years. He
noted that the drop structures would run across the entire width of the creek, and
are backfilled with soil and landscaped. He added that drainage and maintenance
easements are also being proposed and explained that although maintenance
would be minimal, the ability to access the structures would be necessary.
Additionally, the easements would restrict property owners from installing
anything that might divert flows.
In response to Mayor Pro Tern Webb's question, Mr. McCarthy stated that on the
Corona Highlands side of the creek, the easement would range from 20 to 30 feet.
In response to Council Member Nichols' question, Mr, McCarthy further explained
that the access road would be on the Cameo Highlands side of the creek in the
existing easement. He stated that most of the maintenance would be done by
hand and the road would consist of vegetation, so would be fairly unnoticeable and
have minimal impact.
Mr. McCarthy displayed the cost estimate for the project, which is $825,000 and
includes a 25% contingency.
In response to Council Member Rosansky's question, Mr. McCarthy stated that
the probability for the project's success is good and noted that it has been done in
other cities. Council Member Rosansky asked if there are issues south of Coast
Highway that also need to be addressed. Public Works Director Badum responded
in the affirmative, but stated that they are less significant and less dangerous. It
was decided that the current study would be a good start to addressing other
areas in the future as well. Public Works Director Badum stated that the project
is designed to address the erosion issue, but also addresses issues associated with
water quality, habitat, native plants and fuel modification. Council Member
Rosansky confirmed that Morning Canyon is private property and not accessible
to the public.
In response to Mayor Pro Tern Webb's question, Mr. Stein stated that the amount
of water flowing from the watershed has not changed with development, but the
detention facilities have reduced the peak flows. Mayor Pro Tern Webb confirmed
that the original housing tract was approved by the County before it was annexed
to the City, and stated that the City hasn't had control over what has been going
on in the canyon and hasn't caused the problem. Public Works Director Badum
noted that the development occurred in a manner that was appropriate and in
accordance with the standards and rules that were in place at the time. He stated
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that knowledge about drainage and sediment transport, as well as technology,
have improved over time. He stated that staffs approach has been to find a
solution and that the recommendation for Item No. 17 on the evening meeting's
agenda is for the City Council to approve a contract with RBF to prepare the
design for the project.
Council Member Rosansky asked if an attempt had been made to get contributions
from the property owners or The Irvine Company. City Manager Bludau stated
that the first step was to identify the problem. The next step will be to find where
the money will come from to fix the problem. Public Works Director Badum stated
that the property owners will be contributing by giving up property for the
easements that will be needed.
Council Member Daigle asked who would have the liability and exposure for the
drop structures. Public Works Director Badum stated that RBF has a good
reputation and carries insurance. In addition, the City will have design
immunity. Council Member Daigle asked if the project will protect the homes in
the area. Public Works Director Badum responded in the affirmative.
Council Member Nichols expressed his concern for how a road could be built in
such steep terrain. Mr. Stein explained that the road would be built above the
steeper terrain. Public Works Director Badum added that the access will
primarily be needed during construction and that the equipment that would be
used would be fairly- small and maneuverable. Much of the work would also be
done by hand.
Bob Patterson complimented staff on identifying the problems in the canyon and
felt that the residents along the canyon were in support of the project. He stated
that the issue with the outflow structure should also be addressed and,
additionally, believed that there is more water coming down from the upstream
watershed than there used to be. Lastly, Mr. Patterson noted that the City was
involved in the County's approval of the drainage plan. He stated that a formal
appeal was made by the representatives of Morning Canyon and that he would be
providing more detailed information on the subject at the evening meeting.
Council Member Rosansky asked if the residents would consider supporting the
project financially since their properties would benefit from it. Mr. Patterson
stated that the residents don't see the project as benefiting their properties, they
see it as restoring them to the state they were in prior to the damage caused by
the City's drainage system.
Dave Patterson stated that he would also be making a presentation at the evening
meeting and that he is in support of the staff recommendation on Item No. 17. He
stated that the outflow structure is critical to the health of the canyon and that
work needs to be done on it. Mr. Patterson noted that the staff recommendation
doesn't include a commitment by the City to pay for the project. He felt that it
would be important to include this in the action taken by the City Council at the
evening meeting.
Council Member Heffernan asked Mr. Patterson if the residents would sign a
waiver of liability if the City were to fund the project. Mr. Patterson stated that
the residents have not been asked this yet, so he couldn't respond on their behalf.
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He added that staff has approached them regarding the issues of the easement,
access and restricted use, and have indicated that the residents would not be
required to pay for the project.
Council Member Ridgeway stated that staff would not have made any
representation that the City would pay for the project. He stated that they may
have indicated that the City would pay for the design of the project.
Laura Curran asked if the cost estimate of $660,000 for the project included the
plantings or just the construction. She added that the estimate of $5000 per year
for maintenance seemed low. Additionally, Ms. Curran noted that drought
tolerant plantings were specified in the staff report and suggested that these
plantings also be native. Lastly, she asked what type of public outreach would be
done to minimize the flow into the canyon from residential landscape irrigation
and other sources.
In response to Ms. Curran's questions, Mr. Stein stated that the project's cost
estimate does include the landscaping that would be done at the bottom of the
canyon, that the $5000 for maintenance is only an estimate until additional
experience is gained and that source control would be implemented.
PUBLIC COMMENTS — None.
ADJOURNMENT — at 5:35 p.m. to Closed Session.
* ttttt *tttttzxtt * * * *tttttttt * *t
The agenda for the Study Session was posted on March 16), 2005, at 3:20 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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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
March 22, 2005 - 7:00 p.m.
STUDY SESSION — 4:10 p.m
CLOSED SESSION— 5:35 p.m
A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
B. ROLL CALL
Present: Heffernan, Rosansky. Webb, Ridgeway, Daigle, Nichols. %lavor
Bromberg
Absent: None
C. CLOSED SESSION REPORT — None.
D. PLEDGE OF ALLEGIANCE — Council Member Rosansky.
E. INVOCATION — Reverend Dr. Dennis Short, Harbor Christian Church and
President of Newport: Mesa -Irvine Interfaith Council
F. PRESENTATIONS
Ray Kennedy of the Irvine Terrace Homeowners Association presented a $6,200
check, on behalf of the association and about 50 residents, to purchase additional
playground equipment.
Ed Romeo, President of the Friends of OASIS, presented a $66,000 check to pay
for the remainder of the transportation program this fiscal year.
Mayor Bromberg read the proclamation regarding the Tsunami Relief Benefit
Concert held at Corona del Mar High School and presented them to Kevin Alison,
Ryan Ratfield, Zan Margolis, Cole Trider, Amanda Iinuppel, Denise Weiland,
Lucy Steinberg, Sarah Weiland and the Leadership Institute for Teens (LIFT).
Sarah Weiland announced that she and Lucy Steinberg will be returning to
Thailand to present the $4,000+ donation to a school there.
Richard Luehrs, Newport Beach Chamber of Commerce President, discussed the
Citizen of the Year award and stated that they would like to have the City's
endorsement, along with being allowed to display a plaque in the Council
Chambers. Without objection, it was the consensus of Council to collaborate with
the Chamber of Commerce and have a plaque in the Council Chambers.
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
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DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM):
• Mayor Bromberg reported that he will be adjourning tonight's meeting in
memory of Helen Wick who was the Assistant to the Mayor and City
Council, as well as his neighbor and friend. He announced that she lost
her fight with cancer.
• Council Member Heffernan announced that the Big Canyon Reservoir
cover dedication will take place tomorrow morning at 9:00 a.m (le added
that Congressman Cox will also be in attendance.
• Council Member Heffernan requested a report on the Harbor View traffic
improvements.
• Council Member Heffernan requested more information regarding the
City's business license goal, policy, etc. He noted that the City is getting
personal information about people and asked who is getting the
information, what happens to the information, and how secure it is.
• Council Member Rosansky reported that the City held its first meeting
regarding the City Hall project on March 5, but the turnout was small. He
noted that the City elected to have an outreach program, but suggested
that it do more advertising. He requested a report about the types of
community outreach that is taking place and requested a meeting on a day
and time other than Saturday at 10:00 a.m. Mayor Bromberg reported
that a meeting has been scheduled for Monday, Saturday 25 at 6:30 p.m.
Council Member Heffernan announced that he setup an email address
(nbcitvhallrwvahoo.com) so people can provide their comments, concerns,
ideas, and opinions. Mayor Bromberg noted that the City also has a link
on the City's website.
• Council Member Ridgeway expressed his concerns about the business
license process. He believed that the nexus between a passive LLC and
the charging of a business license fee should be looked at.
• Council Member Daigle announced that the Summer Concert Series will
begin in July and the Newport Beach Film Festival will be April 21 to
April 30, 2005.
• Mayor Bromberg announced that the 1/1 Committee has raised about
$96,000 since October 2004, 1/3 of the money has been spent, and they
need more funds to assist the Marines' families. He reported that they
also need gift certificates for a raffle to be held the third week of April.
• City Manager Bludau indicated that there will be a report at the next
study session regarding the Junior Lifeguard Program. Mayor Bromberg
suggested inviting the Costa Mesa residents who contacted Council about
the program to the study session.
• City Attorney Clauson introduced new Assistant City Attorney Aaron
Harp and thanked former Mayor Dennis O'Neil. Assistant City Manager
Wood, and the City Attorney from the City of Orange for being on the
interview panel.
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I. CONSENT CALENDAR
READING OFMINUTES /ORDINANCES AND RESOLUTIONS
MINUTES OF THE REGULAR MEETING OF MARCH 8, 2005.
Waive reading of subject minutes, approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading
in full of all ordinances and resolutions under consideration, and direct
City Clerk to read by title only.
ORDINANCES FOR ADOPTION
3. ORDINANCE AMENDING SECTION 12.40.055 OF THE NEWPORT
BEACH MUNICIPAL CODE TO ALLOW PARKING OF
EQUESTRIAN VEHICLES IN SANTA ANA HEIGHTS. Adopt
Ordinance No. 2005 -2 amending Section 12.40.055 of the NBMC — Parking
of Certain Oversized Vehicles and Nonmotorized Vehicles in Residential
Districts Prohibited.
4. CODE AMENDMENT NO. 2004 -013 — CIVIC PLAZA. 1 CIVIC PLAZA
(PA2004 -272) — AMENDMENT TO THE CIVIC PLAZA PLANNED
COMMUNITY TEXT (PC -19) TO CHANGE THE NAME OF THE
DEVELOPMENT AND TO MODIFY THE SIGN REGULATIONS
RELATING TO PROJECT IDENTIFICATION SIGNS BY
CHANGING THE SIZE, LOCATION, NUMBER AND THE
INCLUSION OF TENANT NAMES. Adopt Ordinance No. 2005 -3.
CONTRACTS AND AGREEMENTS
5. UPDATED 800 MHz COUNTSA'IDE COORDINATED
COMMUNICATIONS SYSTEM (CCCS) JOINT AGREEMENT.
Approve the terms of the Joint Agreement for the Operation, Maintenance
and Financial Management of the Orange County 800 MHz Countywide
Coordinated Communications System dated November 2004, and
authorize the Mayor and Cite Clerk to execute a copy of the Joint
Agreement Amendment For processing through the County Clerk of the
Board.
6. AWARD OF LANDSCAPE MAINTENANCE CONTRACT FOR
CITYWIDE MEDIANS AND ROADSIDES. Approve a five year
maintenance contract with Spectrum Care Landscape to provide
landscape maintenance services for Citywide medians and roadsides at an
annual cost of $308,900.
A
APPROVE THE MITIGATED NEGATIVE DECLARATION FOR
THE NEWPORT BOULEVARD RIGHT TURN LANE ONTO
HOSPITAL ROAD (C- 3655). Approve the Mitigated Negative
Declaration (MND) for Newport Boulevard Right Turn Lane onto Hospital
Road.
INDEX
(100 -2005)
(100 -2005)
C -2755
800 MHz
Countywide
Communications
System
(38 /100 -2005)
C -3762
Landscape
Maintenance
(381100.2005)
C -3655
Mitigated
Negative
Declaration
(381100 -2005)
ORANGE COUNTY TRANSPORTATION AUTHORITY l C -3051
AMENDMENT NO. 10 TO COOPERATIVE AGREEMENT NO. C -95- I Cooperative
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985. Approve Amendment No. 10 to Cooperative Agreement No. C -95 -985
between the Orange County Transportation Authority (OCTA) and the
City of Newport Beach and authorize the Mayor and the City Clerk to
execute the Amendment.
9. APPROVAL OF CONTENT MANAGEMENT SERVER SOFTWARE
PURCHASE TO UPGRADE POLICE DEPARTMENT WEBSITE.
1) Approve the purchase of the Content Management Software from Civica
Software in the amount of $66,711 from the Police Department's Support
Services Division Computer Services Account #1820 -8091; and
2) authorize the Police Chief to sign the Purchase Agreement with Civica
Software.
MISCELLANEOUS ACTIONS
10. RECOMMENDATION FROM ECONOMIC DEVELOPMENT
COMMITTEE TO FILL EDC VACANCY. Appoint Lloyd Ikerd as "at-
large" representative.
11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE
FRIENDS OF THE NEWPORT BEACH LIBRARY AND
APPROPRIATE FUNDS TO EXPENDITURE BUDGET ACCOUNTS
FOR FY2004/05. Approve a budget amendment (05BA -050) increasing
revenue estimates by $87,000 in 4010 -5892, Library — Friends of the
Library, and increasing expenditure estimates by $87,000 in Division
4091. Friends.
12. CONTINUE PUBLIC HEARING FOR PROPOSED
UNDERGROUND UTILITIES DISTRICT NO. 19 SANTA ANA
HEIGHTS — MESA DRIVE, CYPRESS STREET AND A PORTION
OF ORCHARD DRIVE. Continue public hearing for the proposed
Underground Assessment District No. 19, Santa Ana Heights, until April
26, 2005 when legal issues and use of RDA funds should be resolved
between the County of Orange and the City of Newport Beach.
518. APPROVAL OF FILM FESTIVAL BANNERS — ENCROACHMENT
PERMIT N2005 -0098. Conditionally approve the request of Exterior
Products, Inc. for the installation of eighty (80) banners. from April 1,
2005 to April 30. 2005, for the annual Newport Beach Film Festival.
Installation will be along Newport Center Drive East/West.
Motion by Mayor Pro Tern Webb to approve the Consent Calendar.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
J. PUBLIC HEARINGS
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Agreement
(381100 -2005)
C -3763
Content
Management
Server Software
(381100 -2005)
(100 -2005)
(100 -2005)
Underground
Utilities
District 19
(891100 -2005)
1 (100 -2005)
City of Newport Beach
City Council Minutes
March 22, 2005
13. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT
RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT
RESOLUTION OF CONFIRMATION FOR RENEWAL OF THE
BUSINESS IMPROVEMENT DISTRICT FOR A SHORTENED
FISCAL YEAR 2005.
Program Manager Trimble stated that the Balboa Village BID is having a
shortened fiscal year to get it in line with the City's fiscal year. He
reported that there are no protests at this time.
Mayor Bromberg opened the public hearing.
Gay Wassall -I {elly reported that she is speaking on behalf of the Balboa
Village BID President, Bob Black, who wanted to thank Council for their
continued support. She stated that the BID is working very hard on the
Centennial Celebration, especially the closing celebration.
Hearing no further testimony, Mayor Bromberg closed the public hearing.
Motion by Council Member Ridgeway to adopt Resolution No. 2005 -16
confirming the levy of the BID assessment for the 2005 shortened fiscal
year since the protests represented less than 50 percent of the total
assessment amount.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
14. GENERAL PLAN AMENDMENT (GP 2004 -010) — AMENDMENTS
TO THE HOUSING ELEMENT (PA 2004 -235).
Mayor Bromberg opened the public hearing.
Motion by Council Member Rosansky to continue the item to the
April 12, 2005, Council meeting.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor
Bromberg
?does: None
Abstain: None
Absent: None
15. PUBLIC HEARING: THE PROPOSED NEWPORT COAST
COMMUNITY CENTER: DESIGN APPROVAL, CONSIDERATION
OF ALTERNATE DEVELOPMENT REGULATIONS, CEQA
FINDINGS.
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City Manager Bludau utilized a PowerPoint presentation, stating that the
proposed community center would have about 17,000 square feet of
buildable space, a full -size gymnasium, two meeting rooms, restrooms, a
lobby area, and storage. He displayed the site of the community center
and library, and reviewed the recommendations. He reported that 145
parking spaces are required, given the square footage and the community
center's configuration, and noted that staff recommends that Council
approve the project with 122 parking spaces.
Mr. Bludau reported that Newport Coast was annexed on January 1, 2002,
and the City expects the community to have 10,000 residents, 5,200
housing units, and up to 1,000 visitor accommodation units at build -out.
He stated that prior to annexation, the City negotiated with the.Newport
Coast Committee of 2000 the services and benefits the residents would
receive upon annexation. He reported that one of the provisions of the
Pre - Annexation Agreement (PAA) was that the City would distribute $25
million over time to Newport Coast residents. He stated that $18 million
will be used to reduce property owner assessments and $7 million will be
set aside to build the community center. He pointed out that no location
was identified for the community center in the PAA, Newport Coast LCP
or Newport Ridge Planned Community Text; nor was the height limit or
lot coverage limitation established with a community center in mind. He
reported that, due to escalating construction coats and the budget, the
Newport Coast Advisory Committee (NCAC) decided to forego the library
facility with the hope that it could be added at a later date. Mr. Bludau
referenced Section 7, Subsection F; Section 7, Subsection G: and Section 1,
Subsection C of the PAA. He stated that the proposed site is designated
recreational and environmental open space by the land use element of the
General Plan, which allows a wide range of public and private uses. He
noted that staff believes the project is consistent with this designation.
Mr. Bludau stated that Newport Ridge Park has 71 parking spaces and is
privately owned/operated by the Newport Ridge Community Association
(NRCA). He reported that NCAC believes that the park's parking lot can
and should be counted towards the community center parking total
because the park is seldom used, NRCA has agreed to allow the
community center non - exclusive use of the :paces, Newport Coast
residents are used to walking to community activities, the project architect
designed the project with this assumption, and the PAA gives the NCAC
the right to present a design to Council that leaves the library pad to be
added later. Mr. Bludau reported that staff believes that the 71 spaces
should not count since those spaces are too far aN ay to be useful. the City
doesn't control the park parking lot so the availability of the parking lot is
questionable. Planning staff feels they didn't promise the project architect
the 71 spaces, the 29 spaces that the library pad can accommodate should
be utilized, and there would be severe limitations on the number of
community center patrons without the 29 spaces. He displayed the
parking lot configuration with the 93 and 122 parking spaces. He added
that there is a ball field off of the parking lot and believed that people will
park in the community center parking lot to use the ball field.
Council Member Heffernan noted that on- street, parking would not be
allowed because of the high speed limits on Newport Coast Drive and San
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Joaquin Hills Road. Mr. Bludau confirmed that the City doesn't allow
parking on major arterial streets.
Mr. Bludau stated that the NCAC and staff basically have the same goal
of having a community center that is well used by the Newport Coast
community and City residents. However, the question for Council is how
best to provide for the high usage. He emphasized that parking at the
community center is a critical component of this project's future success.
He indicated that staff is urging Council to get as close to the 145 parking
spaces as possible.
Mayor Bromberg opened the public hearing.
Al Willinger, NCAC member, stated that the committee believes that
sharing parking with the Newport Ridge Park will address the parking
issue and indicated that it took him 3 minutes and $ seconds to walk from
the park's parking lot to the proposed site. He added that parking is also
available at the elementary school and the tennis facility which is across
from Ridge Park Drive and the elementary school. He stated that the
library site is important to them and they represented to the community
that it would be a part of the project but they cannot fund it at this time.
He stated that they may be able to source fund the library to make it a
reality. He noted that any delay will be extremely costly.
Council Member Daigle stated that people park on the street when they
use the basketball courts. Mr. Willinger believed that people in that area
prefer to walk to the park and the parking lot is rarely used.
Dan Wampole, NCAC member and President of the Newport Ridge
Community Association, agreed that people prefer parking on Newport
Ridge Drive rather than in the parking lot. He stated that the association
has held many events in the park where as many as 350 people attend,
but less than 20% of the spaces are used. He indicated that, if the 93
spaces becomes a problem, the City may be acquiring the dump to possibly
convert for parking. However, there is a lot of parking on Newport Ridge
Drive East and at the elementary school, tennis court facility, and
shopping center. He reported that NRCA supports this project, so much so
that they freely gave up land that belongs to them.
Peer Swan, Newport Coast Committee of 2000 and member of the design
committee, stated that, if the residents didn't decide to give the City $7
million for the facility, it would've been returned to them. He reported
that the Tesoro residents were concerned about seeing the parking lot, so
they moved the parking lot to the other side of the building. He stated
that their goal was to keep a green buffer between the major
thoroughfares and the park facility. Mr. Swan indicated that they asked
the architect to approach the City to see if they could use Newport Ridge
Park parking and they were told they could but needed permission from
NRCA. He believed that there will not be that many large events at this
facility and that they will probably only exceed parking capacity during
gym events in which floor seating is used. He requested that Council
approve the facility with 93 spaces and then see what happens since the
City has the ability to change it at a later date.
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In response to Mayor Bromberg's questions, Mr. Swan indicated that the
architect told the committee that someone from the City represented the
scenario about the Newport Ridge Park parking lot, but he had not spoken
to anyone from the City about this. Mr. Wampole believed that this was
discussed at a workshop but he couldn't remember the Planning staff
member's name. Assistant City Manager Kiff stated that the architect,
Betsey Dougherty, has done a wonderful job with. this project and believed
that this was an honest disagreement about whether her initial
discussions with the Planning Department were offered by Planning as
parking spaces that would be considered when the plan was before them.
Jim Hildreth expressed concern that walking across grass at night might
be unsafe. He questioned if there was a footpath along the edge and about
lighting. He noted that the Rose Bowl uses the grass area for overflow
parking and stated that they may want to do this on the ball fields.
Don Phelps believed that what is happening is not that well known to the
community. He added that no vote was taken and it was the committee
who decided to give the $7 million away. He questioned if a library is
important since the Central Library is three minutes away and whether a
computer center is needed since every resident in Newport Coast probably
has a computer. He expressed concern that this will generate a lot of
traffic. He stated that there was no thought about the community center
when he bought there. He indicated that he hasn't been asked if he
wanted to give up his share of the $7 million and believed that there
should be a vote. He stated that there isn't an over- joyous feeling about
the community center.
Hearing no further testimony, Mayor Bromberg closed the public hearing.
Council Member Heffernan stated that he wasn't part of the team that
negotiated the PAA. He indicated that, from the beginning, the NCAC has
insisted on speaking for the residents and enforcing the terms of the PAA
that says the NCAC picks the site, designs the building, and the City uses
its best effort to implement what the committee wants. He stated that
having a postcard vote and story poles was brought up, but the committee
said they conducted their outreach and they speak for the residents. He
reported that the committee voted earlier this month to proceed with the
site having 93 spaces. He added that the committee doesn't want a special
permit, but unfettered use. He stated that, if this doesn't work, it's not
because the City had much say. He indicated that he will be taking a
position against staff tonight, noting that he voted the same as the NCAC.
Council Member Ridgeway reported that he was on the negotiating team
with former Council Member O'Neil, Assistant City Manager Kiff, City
Manager Bludau. and former City Attorney Burnham. He indicated that
he was a trustee for the International Council of Shopping Centers (ICSC)
for ten years and their standard for the outer edge of parking lots for any
large shopping center is about 350 feet. He stated that, past that, patrons
will probably go to another shopping center. He likened this to the 24-
Hour Fitness Center parking structure at Fashion Island and questioned
whether the proposal by NCAC has adequate parking.
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Council Member Ridgeway clarified that the Newport Ridge Park does not
belong to the Newport Ridge Community Association, but has an
Irrevocable Offer to Dedicate to the County. However, in a gentlemen's
agreement, they agreed to not take the tennis courts and restrooms, but
the City may take the park area, green grass, and baseball fields because
it doesn't have an adequate supply. Regarding the $7 million limit, he
clarified that he has been saying that the 22,000 square foot facility is too
big, it can't be built for $7 million, and the library is unnecessary. He
added that the dollar amount and size were given to the City by the
Committee of 2000. Council Member Ridgeway emphasized that, at the
time of annexation, the residents had the opportunity to vote "no" to the
annexation but the City received no protests, so indirectly residents voted
for the contents of the PAA.
Council Member Ridgeway believed that the project is an inadequately
parked community center. He stated that he had walked the site with
residents when he was on the negotiating team and talked about adequate
parking for a 22,000 square foot center. Further, he got the soil reports
from The Irvine Company to possibly create more parking against the
slope. He stated that he will be voting for more parking because he has
seen too many under - parked areas in the City and doesn't want to start
this facility like that. Further, he believes that a parking lot is a
stakeholder for the future for a building pad. He noted that the landfill
has virgin soil in the upper corner and he would be satisfied if there was a
way to access cars down there. He noted that negotiations started in 1999
and that he is supporting the spirit and intent of the negotiations.
Motion by Council Member Ridgeway to find that the Newport Coast
Community Center project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332 of CEQA's
Implementing Guidelines; approve the Site Development Permit with
Alternative Development Standards related to the height of the proposed
building (35 feet) and percent of open space (13 %); approve the project
with a 122 -space parking lot and a Joint Use Parking Agreement to allow
the shared use of the Newport Ridge Park parking lot for the proposed
Community Center; direct the project architect, Betsey Dougherty of
Dougherty and Dougherty, to proceed with construction drawings for a
roughly 17,000 square foot Community Center that includes two meeting
rooms, a gymnasium, restrooms. storage, lobby area, and ancillary rooms
with a 122 -space parking lot that includes the space southerly of the
facility; require an approved Parking Management Plan (PMP), to be
submitted by event sponsors, for any event which causes occupancy of the
building to exceed 369 persons. The Recreation and Senior Services
Director (or her designee) shall review and /or approve the PMP.
Council Member Nichols stated that he is on the NCAC, that the facility
was originally designed for a library with 93 parking spaces, and it still
would've had 93 parking spaces if they were going to have a library. He
indicated that the community is requesting less parking so the library
could be implemented. He stated that using the 28 library parking spaces
actually creates more parking than what was originally intended on the
site. He indicated that the larger events would require a community
parking plan and noted that they have agreed to do this. He believed that
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the design can do what the community wants and do it well, adding that
the facility was not designed to be an auditorium for 3,000 people. He
stated that the park has a lot of parking that the facility could use and
there's a lot of other locations nearby. He expressed his support of Council
Member Heffernan and stated that he also voted with the committee.
In response to Council Member Rosansky's questions, Senior Planner
Campbell reported that the parking requirement is pursuant to the
County Code. He added that, pursuant to the Development and
Annexation Agreement, the City adopted the County Zoning Code with
the Planned Community Text. He stated that the standards are based on
the square footage of the meeting rooms and seating capacity of the
gymnasium with bleacher seats. Recreation and Senior Services Director
Knight reported that the West Newport Community Center has a gym
which is about the same size as the proposed gym, but the facility was
built as a private school. She noted that there are 40 parking spaces, it
has no large meeting rooms, and it is under - parked with overflow parking
being on the streets. She stated that the City needs to plan for what's
being built. She also reminded everyone that the facility is open to the
public to reserve so it may he difficult for someone not from Newport Coast
to come up with a parking plan that includes the surrounding
neighborhoods. She confirmed that the facility will be City -owned and
operated, and reservations can be made through the City. Mr. Bludau
noted that, if just the two community rooms were used to capacity, it
would require 104 parking spaces which exceeds the committee's 93 space
request. Ms. knight added that the committee wants the gym to host
tournaments and activities, but pointed out that not everyone will be
walking from the neighborhoods. She stated that the scenario of three
people per car is really not the norm because families sometimes meet at
locations and use two cars.
Council Member Ridgeway reported that the NRCA leases the park to
A1'SO, Little League, and Sage Hill School; the groups practice from
3:30 p.m. to dusk on weekdays, 8:30 a.m. to dusk on Saturdays, and noon
to dusk on Sundays from September to November and February to May.
He, added that, according to Merritt Property Management, the park
parking lot is often full and they receive complaints about people having to
park on Newport Ridge Drive East on weekends. Mr. Bludau confirmed
that the facility will be open to the entire City but they will give priority
reservation status to Newport Coast residents.
In response to Council Member Daigle's questions. Mr. Kiff stated that the
landscaping for the corner mirrors the Pavilion side. Mr. Campbell
confirmed that parking is based on the assumption of three people per car.
However, the community center standard from the County Code is one
space per 7 5 square feet. He indicated that, if the facility parking lot were
full and without a parking management plan, people will park where it is
most convenient. as noted by Council Member Ridgeway. Council Member
Daigle stated that she receives calls and emails about trees and parking,
and expressed concern that this will be building in divisiveness for the
neighborhood if there is insufficient parking.
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Council Member Rosansky stated that, if the library is built, the parking
requirement would increase and further reduce the amount of parking
available. He indicated that he cannot see himself voting to build a library
there and have a reduction of spaces. He stated that people will walk if
they have to, but the City wants to create a user - friendly facility. He
indicated that this facility will also be the central meeting place for
Newport Coast.
Mayor Pro Tem Webb stated that he lives across the street from a
park/community center that is under - parked; however, there is street
parking. He stated that this facility doesn't have a safe public street to
park on. He noted that it was believed that Bonita Creek Park had
sufficient parking, but there weren't enough spaces the first year. He
emphasized that parking really impacts the user - ability of a facility if it is
under - parked. He believed that it would be a mistake to build a facility
with deficient parking to start with.
Mayor Bromberg stated that he live: in an area with difficult parking. He
indicated that he looked at the map of the facility and believes that it
could be a dangerous trek to and from the park and the facility.
The motion carried by the following roll call vote:
Ayes: Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg
Noes: Heffernan, Nichols
Abstain: None
Absent: None
K. PUBLIC COMMENTS
Jim Hildreth discussed the access structure on the Grand Canal, believing
that the City removed it wrongly. He displayed a page from the City's
website and believed that the City should replace the structure.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Ad Hoc General Plan Update Committee (GPUC) — Mayor Bromberg
reported that they will be meeting at 4:00 p.m. in the Friends Room at the Central
Library on April 25, May 9, and May 23.
Local Coastal Program Certification Committee -- Council Member
Ridgeway reported that they are stuck as a committee on discussions about
designated public access points around the Bay and bluff issues. He stated that
their neat meeting will be on April 11 at 3:00 p.m. in the Fire Conference Room.
Newport Coast Advisory Committee — Council Member Heffernan announced
that they will be meeting bi- monthly.
Mariners Joint Use Library Ad Hoc Steering Committee — Mayor Pro Tern
Webb announced that construction is moving forward.
City Centennial 2006 Committee — Mayor Pro Tern NNTebb stated that they
received notice that the City's proposal to have a float in the Rose Parade neat
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year has been accepted. Mayor Bromberg added that he is on the float committee
and they have been interviewing Fiesta Floats and Phoenix Floats.
City Council/Citizens Ad Hoc Committee for Marina Park Planning —
Mayor Bromberg announced that they had their first meeting today to begin
determining the direction for Marinapark. He stated that their goal is to bring
potential scenarios to Council, believing this will probably take a year. He
announced that they will be looking at constraints at the next meeting and
meetings will be held the third Tuesday of the month at 4:00 P.M. in the Council
Chambers. He noted that there was significant public turnout today. He stated
that information will be posted on the City's website and interested people can be
placed on a list by calling the City Clerk's office.
City Hall Building Committee — Mayor Bromberg; reported that Council
Member Heffernan setup an email address (nbcitvhal1 vahoo.com) so the public
can weigh in on the project. He stated that the nest City Hall workshops will be
held in the Council Chambers on April 2 from 10:00 a.m. to noon and
on April 25 at 6:30 p.m.
City Council Ad Hoc Marina Park Advisory Committee — Council Member
Rosansky stated that, since the Council/Citizens Ad Hoc Committee has met, this
committee should meet soon.
Environmental Quality Affairs Citizens Advisory Committee — Council
Member Nichols announced that Transportation/Development Services Manager
Edmonston gave a presentation on how the Traffic Phasing Ordinance (TPO) and
Measure S interact with City traffic and how the City judges projects based on the
TPO and Measure S.
CURRENT BUSINESS
16. INITIATION OF CODE AMENDMENT NO. 2005 -004
INCORPORATING A NEW AFFORDABLE HOUSING CHAPTER
TO TITLE 20 OF THE NBMC, ESTABLISHING PROVISIONS FOR
THE IMPLEMENTATION OF THE CITY'S HOUSING PROGRAMS
RELATED TO INCLUSIONARY ZONING. LOW- AND MODERATE -
INCOME HOUSING. WITHIN THE COASTAL ZONE, AND
POSSIBLE FUTURE AMENDMENTS (PA 2005 -062).
Assistant City Manager Wood emphasized that this is not the Zoning Code
Amendment. She stated that the staff report is requesting initiation
which gets the process started. She reported than, once Council approves
the initiation. staff will prepare the ordinance and take it to the Planning
Commission and City Council.
Motion by Council Member Ridgeway to adopt Resolution No. 2005 -17
initiating an amendment to Title 20 of the NBMC.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor
Bromberg
Noes: None
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March 22, 2005
Abstain: None
Absent: None
Mayor Bromberg recessed the meeting at 9:15 p.m and
reconvened the meeting at 9:22 p.m with all members of Council
present.
17. MORNING CANYON RESTORATION (C -3517) — AUTHORIZE USE
OF APPROVED FUNDS FOR PREPARATION OF FINAL
CONSTRUCTION DOCUMENTS.
Mayor Bromberg reported that, during the study session today, there was
in depth discussion and review of the Morning Canyon project and what
the problems are. Council Member Nichols requested that the PowerPoint
slide of the profile be shown. Principal Civil Engineer Stein explained
that the slide shows the gabion structure which drops three feet and has
level area with quarter - percent slopes. He indicated that this will build
up the canyon almost back to its original slope and use the drop structures
to bring the water down in a controlled manner.
In response to Council Member Heffernan's concerns, Mr. Stein clarified
that the problem in Morning Canyon is associated with the loss of
sediment supply that used to exist in the hillside. However, now that the
area is paved over, the sediment supply is no longer available to fill in the
scour areas of the canyon. He stated that the City is looking into the over
irrigation issue that may be occurring upstream and believed that this
problem can be addressed in about two years.
Council Member Ridgeway agreed that the City is the appropriate agency
to conduct the study and do the construction because the homeowners are
not in the position to undertake this. However, he indicated that his issue
relates to financial responsibility and suggested that the Cameo Highlands
and Corona Highlands Homeowner Associations get together and consider
partially paying for this. He noted that the City Attorney has looked very
carefully at the City's responsibility. He stated that he is looking for an
equitable solution to a difficult problem.
Chris Wynkoop indicated that he won the lawsuit regarding the slope
failure and now he and the Waltons are the only people in the area that
have to go to the California Coastal Commission. He stated that the
Coastal Commission wants them to have deed restrictions that no one else
in the area needs. He confirmed that they will be spending the money and
fixing the hillside. He indicated that he previously presented documents
to Council regarding the canyon. He stated that he appreciates the City's
cooperation and urges Council to approve this.
Dick Walton stated that he understands that sometimes there's a link
between private property and the benefit the City provides; however. in
this case. the 15 homeowners are having water transported across their
property without receiving any benefits. He indicated that the result of
this is damage to their properties. He noted that the City maintained the
canyon as a drainage easement for 30 years and stopped maintaining it in
the early 1990s. He believed that the channel should be maintained again
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C -3517
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Restoration
(100 -2005)
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City Council Minutes
March 22, 2005
INDEX
by the City as a broad, shallow flood easement to protect the homeowners
who are being damaged by other people's water.
Bob Patterson noted that he spoke to Council last March and that this
issue was a concern of his mother's for the last 40 years. He utilized a
PowerPoint presentation, stating that Morning Canyon is open space that
provides watershed drainage for plants and animals, but it is also a flood
channel used by the City to drain streets and adjacent developments. He
reported that, in 1959, a gully was filled and a drainage pipe was installed
under Cameo Highlands to pass the diverted upstream water into
Morning Canyon. He displayed the Cameo Highlands Tract Map and
showed the outflow structure at the toe of the slope of 621 Rockford Road.
He stated that the City has an easement to maintain the pipe, structure,
and drainage channel. He stated that, in 1989, the Orange County
Planning Commission approved a drainage and grading plan for Pelican
Hills Golf Course and the Newport Coast development. He displayed a
map of the Morning Canyon upstream watershed. and compared Newport
Coast and Pelican Hills Golf Course to Cameo Highlands. Mr. Patterson
believed that approval of the development was granted despite concerns
raised during the 1989 appeal to The Irvine Company, Orange County
Planning Commission, and the City regarding the proposed changes in
hydrology. He compared the conditions prior to and since the 1990
Newport Coast development. He agreed that the severe rainstorms have
sped up the erosion in Morning Canyon, but believed that.the erosion is a
result of changes in hydrology due to the upstream development that the
City allowed. Mr. Patterson believed that the canyon residents and staff
have made a convincing argument that the City is ultimately responsible
for the repair and maintenance of the public drainage system. Further,
they believe that the City would be held responsible for any damages
caused by the failure of its drainage system. He ,tated that the residents
along both sides of the canyon have cooperated with staff and provided all
permissions necessary for the City to design and complete the stabilization
project. He took issue that one Council Member believes that the erosion
problem is a private property issue and the City shouldn't pay for the
solution. Mr. Patterson believed that his property is in danger and may
experience a major slope failure, although they have made requests to
have emergency measures done to protect the toe of the slope. He
expressed the opinion that timely, preventative measures could've
lessened their recent property damage and believed that failure to take
action is a sign of neglect by the City. He urged Council to approve the
recommendation and direct staff to take immediate steps to stabilize the
properties that are in eminent danger.
In response to Council Member Ridgeway's questions, Mr. Patterson
believed that the City allowed this because a City representative was
present at the 1989 hearing and the City was involved in The Irvine
Company's outreach. He noted that a formal appeal was filed.
Council Member Daigle asked Mr. Patterson if he anticipates a problem
from the homeowners with regard to granting the City the easements.
Mr. Patterson stated that he can only speak for himself but noted that
there was a letter of intent that was signed by all the residents. He
indicated that he hopes this will remain the case. Mayor Bromberg
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INDEX
emphasized that the City doesn't want to be in a situation of approving
this and then the homeowners want money for the easements.
David Patterson stated that his mother purchased 621 Rockford Road in
1962. He indicated that the storm drain worked fine for many years, but
his mother had concerns in 1969 due to the approval process of the
Newport Coast development. He noted that she participated in the 1989
appeal process and asked the County Planning Commission to replace the
steel pipe with a concrete pipe, rebuild the outflow structure, channel the
water away from her slope, and build a structure to lessen the water
velocity so it would not cause a scour to the toe of the slope. He stated
that the City owns the storm drain pipe and outflow structure that is
located on their property, the runoff has caused an enormous scour, and
the slope is in eminent danger of failing. He believed that it is the City's
responsibility to repair the damage and to reconstruct and improve the
outflow structure to protect their property in gratuity. He requested that
Council approve the recommended action and also modify the 52" outflow
structure so it doesn't continue to do damage to their property.
Richard Cabin stated that he lives on the other side of the canyon from
621 Rockford Road. He showed where his property line used to be and
where it is today. He indicated that he and the other residents have
already contributed towards the cost of the repairs in the form of land and
any opportunity to get the land back since the easement will come up
further on their properties. He stated that the slides only show a small
example of the problem. He indicated that, from 1985 to today, he has not
done anything to cause this problem. but has just been watching his land
flow into the Pacific Ocean. He believed that it is appropriate for the City,
not the residents along the canyon, to spend the money to deal with this
issue and, if it is discovered that it's not entirely the City's responsibility,
the City could approach The Irvine Company or the County. He indicated
that he doesn't have a problem with giving the easement.
Mayor Bromberg stated that the issue of responsibility is not entirely
clear; however, the City should stand up and take care of this problem. He
emphasized that the repairs will require easements from every property
owner involved. He expressed the opinion that it is not appropriate in this
case for the affected residents to pay anything towards the project because
they will already be giving up property via the easement. Further, some
of the residents have already lost property due to the problem.
Motion by Council Member Nichols to 1) approve the Morning Canyon
Stream Stability and Channel Restoration Study prepared by RBF
Consulting (RBF); 2) approve a budget amendment (05BA -051)
transferring $148,870 from the Unappropriated General Fund reserves to
the Upper Morning Canyon account, 7012- C5100750; and 3) approve
Amendment No. 1 to the Professional Services Agreement with RBF of
Irvine to prepare final documents required for constructing a stabilization
project in Morning Canyon at a fee not -to- exceed $148,870 and authorize
the Mayor and the City Clerk to execute the agreement.
Council Member Heffernan emphasized that this is conditioned upon the
residents giving the City the easements so it could do the work. He noted
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that the City was initially granted the easement. but the easement has
been overburdened. He recommended that the City now find out the
reason the easement has been overburdened, noting that there is water
law that states that someone upstream cannot change things due to
development. He indicated that it is fair for the rest of the City to
investigate this because someone is putting water into a City easement
that it was never designed to hold.
Council Member Nichols believed that the present easement design does
not leave a road to conduct maintenance. He suggested examining this so
there's a means to get down there to fix a problem.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
N. ITEMS REMOVED FROM THE CONSENT CALENDAR - None.
O. MOTION FOR RECONSIDERATION
Regarding the Coast Highway Channelization and Median Improvements
Project (Item 15 - 3/5/05), Council Member Nichols believed that there are things
that can be done to improve the project and traffic. Mayor Bromberg encouraged
Council Member Nichols to discuss this with staff.
P. ADJOURNMENT - at 10:15 p.m in memory of Helen Wick.
+tttrtn -x+: xt:ttttt:rr
The agenda for the Regular Meeting was posted on March 16, 2005, at 3:20 p.m
on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building. The supplemental agenda for the Regular Meeting
was posted on March 18, 2005, at 1:05 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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