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HomeMy WebLinkAbout09/22/1997 - Regular Meeting® CITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 22, 1997 - 7:00 p.m. INDEX City Attorney Burnham announced that during Closed Session the City Council by a unanimous vote authorized the City Attorney's office to initiate litigation. The details will be made available to anyone inquiring once the action is commenced. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Absent: None Pledge of Allegiance - Council Member O Neil. Invocation by Pastor Tom Bazacas, Pacific Heights Community Church. ® Presentation of commemorative posters to major donors for the Bob Henry Park Dedication. Recognition of Jr. Lifeguard Program, Reenie Boyer, Marine Training Coordinator, and program staff. Presentation of Proclamation declaring October 1997 as National Arts and Humanities Month. Motion by Mayor Pro Tem Edwards to waive reading of the minutes of the Special and Regular Meeting of September 8, 1997;, approve as written and order filed; and waive reading of the ordinances; and resolutions under consideration and direct the City Clerk to read by titles only. Without objection, the motion carried by acclamation. MATTERS WHICH COUNCIL MEMBERS WOULD LDS PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): Mayor Pro Tern Edwards requested an update on the lighting at the Fletcher Jones site and suggested that the information be put on the web page as well. ® Assistant City Manager Wood reported that staff has been working with the architects to have shields installed, six have been installed so far, however the Code Enforcement Supervisor doesn't think it is enough yet. Volume 51 - Page 437 City of Newport Beach City Council Minutes September 22, 1997 FIT111TDTA • Mayor Pro Tem Edwards noted that Costa Mesa and Santa Ana are pushing Caltrans for signage to South Coast Plaza and in the past the City of Newport Beach has pushed for signage for Newport Center and have been advised that it is not possible. He asked that staff follow -up on this issue. • Council Member Hedges requested information from staff on the City Manager's emergency authority, if any, with respect to traffic control if congestion reaches a point where emergency vehicles are unable to reach their destinations, as well as for other events which could cause similar problems. • Council Member Glover announced that last week Mayor Debay was elected Second Vice President of the Orange County League. • Council Member Noyes requested that the discussion regarding the initiation of a checklist for beautification of public works projects be brought back at the next meeting. • Mayor Debay recognized the Chamber of Commerce for their "Taste of Newport" that was held over the weekend. She requested that recognition of the Chamber of Commerce be placed on a future agenda. CONSENT CALENDAR CONTRACTS AND AGREEMENTS 1. MEMORANDUM OF UNDERSTANDING BETWEEN THE NEWPORT C -2065 BEACH CITY EMPLOYEES LEAGUE AND THE CITY. Approve the NB Employees MOU between the City and the City Employees League for the period July 1, League MOU 1997 to June 30, 1998. (38) 2. MEMORANDUM OF UNDERSTANDING BETWEEN THE NEWPORT C -2051 BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIA. NB Prof -Tech TION AND THE CITY. Approve the MOU between the City and the City Emp MOU of Newport Beach Professional & Technical Employees Association for the (38) period July 1, 1997 to June 30, 1998. 3. COMPLETION AND ACCEPTANCE OF BOB HENRY PARK C -3078 CONSTRUCTION, (C- 3078). Accept the work and authorize the City Bob Henry Park Clerk to file a Notice of Completion and release the bonds 35 days after the (38) Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. NOTICE OF COMPLETION - DOLPHIN AVENUE AND TAMURA C- 3004 -X SCHOOL WELLS GROUNDWATER DEVELOPMENT PROJECT (C- Groundwater 3004 -X). Accept the work; authorize the City Clerk to file a Notice of Dev Project Completion; and authorize the City Clerk to release the bonds 35 days after (38) the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. Volume 51 - Page 438 City of Newport Beach City Council Minutes September 22, 1997 ® 5. NOTICE OF COMPLETION - 16TH STREET RESERVOIR AND PUMP STATION GROUNDWATER DEVELOPMENT PROJECT (C- 2961-B). Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 6. COMPLETION AND ACCEPTANCE OF 24 -INCH WATER TRANSMISSION MAIN, REACH NO. 3A & 3B (C- 3004 -W). Accept the work and authorize the City Clerk to file a Notice of Completion; authorize the City Clerk to release the `Payment Bond" 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and authorize the City Clerk to release the "Performance Bond" 365 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. NOTICE OF COMPLETION (C -3125) - 30 -DICH WATER TRANSMIS- SION MAIN REPLACEMENT IN EAST COAST HIGHWAY. Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 8. RENEW AGREEMENT FOR THE CERTIFIED FARMERS MARKET IN MCFADDEN PLACE PAREING LOT. Renew agreement for the ® Certified Farmers Market in McFadden Place Parking Lot. 9. NEWPORT AQUATIC CENTER ADDENDUM FOR TWENTY -FIVE (25) YEAR GROUND LEASE EXTENSION. Approve the addendum to the ground lease. MISCELLANEOUS ACTIONS 10. Removed from the Consent Calendar by Council Member Hedges. II. APPROVE BUDGET AMENDMENT (BA -016) TO APPROPRIATE A $20,000 DONATION FROM THE EBELL CLUB FOR REMODELING OF THE BALBOA BRANCH LIBRARY. 12. APPROVE BUDGET AMENDMENT (BA -017) TO PAY FOR LANDFILL FEES CHARGED BY THE COUNTY FOR JANUARY THROUGH APRIL 1995 STORM DEBRIS REMOVAL ($54,382.89) [LANDFILL FEES TO BE REIMBURSED BY FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) REVENUE]. 13. Removed from the Consent Calendar by a member of the audience. 14. FINAL TRACT MAP, PACIFIC BAY HOMES, 2300 JAMBOREE ROAD. Approve Final Map of Tract 15387, Final Map of Tract 15390 and Final Map of Tract 15391, with the findings and subject to the conditions of ® approval set forth in Exhibit "A" of the staff report. Volume 51 - Page 439 INDEX 16th St Reservoir & Pump Station (38) C- 3004 -W 24 -in Water Main Trans Line (38) C -3125 Water Trans Main/East Coast Hwy (38) C -3098 McFadden PI Cert Farmers Mkt (38) C -2637 Newport Aquatic Ctr Lease (38) BA -016 Library (40) BA -017 Landfill Fees (40/44) Tracts 15387, 15390 & 15391 City of Newport Beach City Council Minutes September 22, 1997 MOTION BY MAYOR PRO TEM EDWARDS TO APPROVE THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED (10 & 13). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 10. PLANNING COMMISSION AGENDA FOR SEPTEMBER 18, 1997. Motion by Council Member Hedges to take no action on Items 1, 2, 4, 6 & 7 on the September 18, 1997 Planning Commission action agenda and to call up for review Item No. 3 (Mixed -Use Districts; Business Hours [Amendment No. 8621) and Item No. 5 (Malarky's Irish Pub [Use Permit No. 17921) and set them for public hearing on October 13, 1997. City Attorney Burnham explained that the code requires that the public hearing be held within 30 days from the day it is called up for review, however if the regular meeting for October 13, 1997 is cancelled it will be continued to October 27, 1997. Substitute motion by Mayor Pro Tem Edwards to separate the two items in order to vote on them separately. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: Hedges Absent: None Abstain: None Motion by Mayor Pro Tem Edwards to call up for review Item No. 3 (Mixed - Use Districts; Business Hours [Amendment No. 8621) and set it for public hearing on October 13, 1997. Without objection, the motion carried by acclamation. Motion by Mayor Pro Tem Edwards to call up for review Item No. 5 (Malarky's Irish Pub [Use Permit No. 1792]) and set it for public hearing on October 13, 1997. The motion failed by the following roll call vote: Ayes: Hedges Noes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Absent: None Abstain: None 13. APPROVE DONATION OF SURPLUS PROPERTY TO THE LEAGUE OF CALIFORNIA CITIES. City Manager Murphy explained that the League of California Cities has recently acquired new duties and staff, therefore they are trying to modestly furnish their office and have requested that the City donate some bookcases and file cabinets to them. Motion by Mayor Pro Tem Edwards to approve the request from the League Volume 51 - Paige 440 1- (68) League of CA Cities/Surplus Property Donation (61) City of Newport Beach City Council Minutes September 22, 1997 INDEX ® of California Cities and authorize staff to make arrangements for the donation of the surplus property. Council Member Hedges stated that he has a problem with donating things to the League and said he feels the taxpayers (homeowners associations and business associations) should be given the first opportunity to receive these items. Mr. Murphy explained that in his five years this has only come up twice. The last time it was before Council they requested that the property be offered to the school district. He indicated that the school district has been offered this property, however it has not been offered to the associations. Mayor Debay suggested that this issue be referred to a committee for policy review for the future. The motion carried by the following roll call. vote: Ayes: O'Neil, Thomson, Edwards, Glover, Mayor Debay Noes: Hedges, Noyes Absent: None Abstain: None PUBLIC COMMENTS ® Elaine Linhoff, 1760 E. Ocean Blvd., voiced concerns with the grading being done at Castaways Park. She stated that the less that is done at Castaways the better she will like it. Dayna Pettit, 1741 Plaza del Sur, stated that she was offended by the language about the level of criminal activity on the peninsula used in the brochure regarding the revitalization of the peninsula. She requested that the City stop putting out this kind of propaganda. Jim Warren, 1201 Surfline Way, Corona del Mar, voiced objection to the building of senior affordable housing at Newport Center since it will block the views of the adjacent homes. He stated that the residents in Corona del Mar were not advised of this plan. He noted that the parcel of land has been designated as open space through the Circulation Improvement and Open Space Agreement (CIOSA). He said that it has come to his attention that one reason this site has been chosen is because it will also provide an additional 180 parking spaces for the library and the homeowners should not lose their views or property values because of poor planning at the library. He also pointed out that the hill would have to be lowered approximately 80 feet to make it at the same level as the library, which will then require sump pumps. He asked the Council to notify the residents before making any decisions and to not vote until they have stood in his living room. ® Ernest Bastion, 1215 Surfline Way, echoed Mr. Warren's concerns and noted that it has been his experience that when deviations are made in building code or in proposed land use the public is invited to testify. Volume 51 - Page 441 City of Newport Beach City Council Minutes September 22, 1997 Mr. Murphy explained that the Circulation Improvement and Open Space Agreement approved by the City Council in 1992 provided that this particular site, the Newport Villa site, was to be deeded to the City for open space. The agreement also provided that up to four of the sites which were to be utilized for open space within that agreement could be utilized for affordable housing. At the last meeting the City Council reviewed a proposal that had been originally developed by an affordable housing task team which was appointed by the City Council. The proposal included the development of senior affordable housing on this particular site. On September 8, 1997 the Council conceptually accepted the site as a ;potential site for affordable housing and tonight in Closed Session began discussions of terms and instructed staff to bring back additional information. If the City Council were to determine ultimately that the site would be used for the affordable housing project it would require a change in the planning documents and full public hearings would be held before the Planning Commission and City Council. Sandra Warren, 1201 Surfline Way, stated that her view will be blocked. She said the homeowners association had a board of directors meeting on Tuesday night and their president stated emphatically that he had not received notice of any of this. She stated that a corridor view is not acceptable and noted that they will become involved in this. ® • Dan Rabun, Box 9713, thanked the Council for the attention given the L.A. Cellular tower issue. He said he feels the fundamental issue deals with land use and he has been unable to find any documents that give the City authority to grant that type of land use in the park. He said the land was created as a park under a Planned Community text and the park dedication ordinance and there is no allowance to convert it to another use. He said he thinks the Council can reconsider this issue. Vicki Weiss, 3064 Corte Marin, reported that the Newport North Villa citizens still have an interest in the L.A. Cellular contract with the intent to insure that it is not located in their park. She said they stand ready to mobilize against this issue until the time it is resolved. She noted that this item was not properly noticed initially so there vial no way they could have known about it. She referred to the zoning of the park and explained that a use permit is required for a major utility, which would require notification pursuant to the City's code. PUBLIC HEARINGS 15. PUBLIC HEARING TO CONSIDER THE ADOPTION OF ORDINANCE NO. 97 -32 GRANTING A NON - EXCLUSIVE SOLID WASTE FRANCHISE TO ALLIANCE WASTE & RECYCLING, LLC. City Manager Murphy reported that the City Charter and the State Public ® Resources Code authorizes the City to enter into non - exclusive franchise agreements for commercial solid waste handling. Alliance Waste & Recycling has complied with the requirements for the granting of a franchise as Volume 51 - Page 442 INDEX Ord 97 -32 Solid Waste Franchise (42) City of Newport Beach City Council Minutes September 22, 1997 ® established by the Council. The Council is required to conduct a public hearing, and after testimony, if desired, to adopt an ordinance to grant the non - exclusive franchise. Mayor Debay opened the public hearing, and hearing no testimony, closed the public hearing. Motion by Mayor Pro Tern Edwards to adopt Ordinance No. 97 -32 granting a non - exclusive solid waste franchise to Alliance Waste & Recycling, LLC. Without objection, the motion carried by acclamation. 16. UPDATE ON CITY COUNCIL'S 1997 -98 PRIORITIES: NEWPORT COAST ANNEXATION, TIDELANDS AD1VANISTRATION, WATER SERVICE DELIVERY AND UPPER NEWPORT BAY. City Manager Murphy noted that in January the City Council established nine priorities for the year and have received periodic updates on the priorities during the course of the year. At the last meeting the Council completed a review of five of the items and four were continued until tonight. Water Service Delivery Mr. Murphy reported that October 4, 1997 has been set as the official opening of the groundwater system. Public Works Director Webb stated that the City has been using groundwater over the last six days as part of a seven day test program. He said staff is working on the master plan and it should be completed and ready for review by the committees sometime in December or January. Tidelands Administration Mr. Murphy explained that the goal this year was to review the City and County Tidelands to make sure the City has an accurate map. Staff is in the process of putting together an RFP to solicit specialized survey services to undertake that effort. Staff will work through the Council Harbor, Beaches and Parks Committee to actually undertake a discussion of who the appropriate body is to handle the issues within the two different tidelands. He said the intent is to complete the goal by the end of the year. Newport Coast Annexation Assistant to the City Manager Ducey said that staff is looking for policy direction as they proceed to finish the fiscal analysis for the annexation. Staff has had verbal negotiations with the County of Orange and the Orange County Fire Authority and is asking for approval to put those verbal ® negotiations in writing to be brought back to Council for approval. Another issue that has come up is the City assuming financial responsibility for the Newport Coast public financing districts. The feedback that has been Volume 51 - Page 443 INDEX 1997 -98 Council Priorities (33) City of Newport Beach City Council Minutes September 22, 1997 INDEX ® provided to the homeowners associations is that this is a City Council policy decision, however it is not anticipated that the City will take over any financial responsibility for those areas. Another issue is the City's acceptance of the Offer of Dedication of the public parks that are currently maintained and landscaped by the homeowners associations in Newport Coast. If the City Council gives direction to include them the cost of maintaining those parks would be included in the fiscal analysis. Staff is asking Council to authorize the execution of a tolling agreement with the Irvine Ranch Water District (IRWD) to allow them to continue to work on that issue without holding back the Newport Coast annexation in general since the water and sewer services is a complicated issue. Also, staff is asking for authorization to negotiate a pre- annexation agreement with The Irvine Company. Another question that has come up during the workshops is how will the Council districts be affected by annexation, therefore staff is asking for authorization for the Mayor to appoint a committee to review that issue and make recommendations to the City Council. As a frvil recommendation, staff is asking for direction to continue to provide public information and outreach and to include City Council participation in those public meetings when possible and when there is a Council Member that would like to attend. Council Member Glover voiced concern with the City taking over the parks to make them public because of the cost impact it will have on the citizens. She also stated her concerns with authorizing staff to execute a tolling agreement with IRWD since it will be very costly to take over the water services. Regarding the redistricting she noted that the report states that the committee recommendations will be presented when the Council reviews the final annexation report in the fall, however she feels that should happen immediately so the general public can get a sense of what it involves. She suggested that if Council accompanies staff to community meetings it should be done on a rotational basis because all of the Council members will vote on the annexation. Mr. Murphy explained that currently the County has an offer of dedication for the Newport Coast parks and noted that Council Member Thomson has raised some concerns about the condition of the parks. One option would be the creation of an assessment district so the homeowners would continue to pay for the maintenance facilities even after acceptance by the City. He suggested that if the Council wants more information regarding this issue that it be referred for further analysis since staff still needs to look at the condition of the parks. Mr. Murphy explained that a tolling agreement is an instrument used to hold things in place. He stated that the City has a 1971 agreement that indicates that at the time annexation is considered a decision will be made about whether or not the .City wants to take over the water and sewer services in the Newport Coast area. The tolling agreement that has been conceptually discussed with the general manager at the Irvine Ranch Water District would allow the City to delay taking action on this issue and would ® therefore allow the City more time to look at the significant consequences to the City and IRWD. Volume 51 - Page 444 City of Newport Beach City Council Minutes September 22, 1997 1 1 ® Mayor Debay requested that staff find out whether the parks are active parks, whether they are large enough for baseball diamonds, and whether they would increase the scope of the City's recreation programs, etc. Mayor Pro Tem Edwards suggested that the way to bring back the park issue so that the Council has the full package is as follows: 1) "as -is" with no public dedication; 2) full public dedication; and 3) public with assessment; and then Council can make a determination at that point. As far as the tolling agreement, he stated that it would be best to hold the status quo until all of the information can be gathered. He noted that there is an issue that has not been put on the list, which is the subsidence problem on some of the hillsides. He said he would not want to see the City take on some kind of liability and he would defer to the City Attorney for guidance on this issue. Ms. Ducey reported that staff has taken an initial look at the slopes and according to the current homeowners association agreements they have total responsibility for the maintenance of the slopes. Motion by Council Member Hedges to adopt the fbllowing seven recommend- ations as contained in the staff report: 1) to direct staff to prepare written agreements with the County of Orange and the Orange County Fire Authority regarding service delivery responsibilities and property tax distribution for the Newport Coast; 2) to confirm that the City will not ® assume any financial responsibilities for the Newport Coast public financing districts upon annexation; 3) to approve the City's acceptance of the Offer of Dedication for the Newport Coast public parks; 4) to authorize staff to execute a tolling agreement with the Irvine Ranch Water District regarding water and wastewater services; 5) to authorize staff to negotiate a pre - annexation agreement with The Irvine Company; 6) to authorize the Mayor to appoint a committee to review and make recommendations on City Council redistricting if Newport Coast is annexed; and 7) to direct staff to continue to provide public information and outreach on the proposed Newport Coast annexation, and include City Council participation in any public meetings. In response to Council Member Noyes' question about the phasing of the annexation, Mr. Murphy explained that this will be one of the considerations discussed during the negotiations of the pre - annexation agreement. The pre - annexation agreement would take into consideration the fact that there is a development agreement in place today between The Irvine Company and the County of Orange and a settlement agreement between the Friends of Newport Coast and The Irvine Company as it relates to the development of the coast. Under state law those agreements must remain in place, however if the jurisdiction changes from County to City the agency that processes those applications would change in terms of the review process, the approval process, where the fees are paid, etc. He said the area is within the City's sphere of influence and it is completely master planned with a development agreement but only parts of it are developed. ® Council Member Glover said that she agrees with all of the recommendations with the exception of the offer of dedication on the parks, Volume 51 - Page 445 City of Newport Beach City Council Minutes September 22, 1997 10 1 ® therefore she cannot support the motion Motion by Mayor Pro Tern Edwards to amend the main motion to approve the City's acceptance of the Offer of Dedication for the Newport Coast public parks with flexibility so Council can determine at a later date whether to accept the parks with a full dedication, accept them "as -is," or accept them as a dedication with assessment. Council Member Thomson clarified that staff is not authorized to hold any mitigating discussions concerning the Mello -Roos taxes. Council Member Noyes requested that the word "execute" be changed to "draft" as it refers to the tolling agreement ( #4 of the recommendations). There was no objection to the change. Without objection, the amendment to the main motion carried by acclamation. Without objection, the main motiom as amended carried by acclamation. Bonita Village Annexation Michael Dreyfus, 1806 Port Abbey, said that the residents are concerned ® that this issue is not being addressed separately from the Newport Coast annexation issue. He said one of the biggest differences is that this is not a sphere of influence area, it is in the City of Irvine and the expectations of the neighborhood will be changed. He requested that there be separate discussions and economic analysis on this proposal. Mr. Murphy explained that the City Council has agreed to initiate General Plan amendments, therefore there will be full public hearings on the issue, and staff is conducting a full separate economic analysis on this proposal. He reported that the issue of annexation of Bonita Village was raised by the City of Irvine to realign their boundaries with the corridor. The area is south of the corridor within the City of Irvine, but from a public services standpoint it is oriented to Newport Beach and can be better served by police and fire from Newport Beach. The key point is that it involves two different school districts. If it remains in the Irvine Unified School District they will build a separate school for 216 elementary school age children at a cost of about $20 million for the land and building. If it shifts to the Newport -Mesa School District they would either reopen a closed school or look at several other options, which would result in a tremendous savings to all parties that would ultimately reside in this area. The two school districts have now initiated the switch and on Tuesday the City of Irvine will review whether they will consider detachment. If they say no, the annexation won't happen and the area will remain in Irvine and in the Irvine Unified School District, and a new school will be built on the boundary to Harbor View. He said that ® no one wants to see a new elementary school constructed because it is a waste of money and will create traffic impacts on Newport Beach neighbor- hoods. He noted that the development of approximately 1300 units in that Volume 51 - Page 446 City of Newport Beach City Council Minutes September 22, 1997 INDEX ® area will take place irrespective of the City and will impact Newport residents and Harbor View. Council Member Hedges explained that the corridor forms a natural border and the City of Irvine will find it difficult to service, therefore the first response for police and fire will come from Newport Beach because of the mutual aid agreements. Marc Franklin, 1942 Port Albans Place, questioned how Anderson School will cope with the additional children since it is already overcrowded. He said he thinks if the community were polled the City would find out that everyone wants a school there and it makes sense regardless of which City it is in. Mayor Pro Tern Edwards encouraged the residents to attend the City of Irvine and the school district meetings. Mr. Murphy said that with the relatively small number of children from that development if it were in the City of Newport Beach, the Newport -Mesa Unified School District would look at a number of different options. He said that staff made it clear at the Technical Advisory Committee meetings that the City did not want to see the schools currently in Newport Beach harmed as a result of this action and have been assured by the school district that that would not take place. What has been contemplated is the reopening of ® an existing facility which is now leased out in Eastbluff, however the school district will be considering four options in their upcoming board meetings. Based on a formula used by the school district, they have estimated approximately 216 elementary and just over 100 middle and high school aged children. If the area comes to Newport, staff has been advised that there is ample room at Corona del Mar High School for the middle and high school students. He said that it has been indicated that the students from the Ford -Loral area will be bused to Harbor View School bypassing Lincoln School and a new school will be built in Newport Coast, which will have an impact on school boundaries. Catherine O'Hara, 1960 Port Albans Place, asked what process will be used to analyze the annexation. Mr. Murphy explained that the first step has been initiated by the two school districts through the County Superintendent of Schools and must be completed by the end of this year in order to be effective next July. The next step will be the initiation of a detachment from the City of Irvine and an annexation to the City of Newport Beach. Those processes have been preliminarily started in Newport Beach by the City Council directing the initiation of a General Plan amendment. The fast- hearing is October 9, 1997 before the Planning Commission and then the matter will come back to the City Council. The City of Irvine must approve a detachment application which will be discussed in open study session on Tuesday at 4:00 p.m. in the ® Council Conference Room. Council Member Thomson requested that staff notify all the Harbor View #1 Volume 51 - Page 447 E City of Newport Beach City Council Minutes September 22, 1997 I W1 1 and #2 residents individually of the public hearings. In response to Ms. O'Hara, Assistant City Manager Wood reported that the Planning Commission will consider environmental information. Volume 51 - Page 448 Carol Hoffman, The Irvine Company, reported that at the time the zoning was obtained through the City of Irvine there was discussion at Newport - Mesa Unified School District of an interest in trying to address the needs of the students from that area. They approached the school district in Irvine with that discussion thinking that for their purposes a boundary using the corridor was very logical and recognizing that there was a capacity in the school district that actually could be assisted by the infusion of new students and new revenues that would come with that. At the time that the conversation ensued, the superintendent of Irvine Unified School District told the Newport -Mesa School District that they wanted to maintain the students in Irvine and they would serve them regardless of the inconveniences of the corridor being a very logical boundary. At that time The Irvine Company had no choice but to continue to pursue the plan as they always thought it would occur. Subsequent to that the superintendent in Irvine took a job in Florida and the business manager at the Irvine Unified School District revisited the subject and approached the Newport -Mesa School District about their interest in serving the students in Bonita Village. They then began looking at the possibilities and what it would take to undertake that kind of annexation and what kind of agreements would need ® to be in place. She said that the school district found out that in order to receive the revenue from the taxing agency to serve the students they have to have the decision made this year or they would be in a position of making a decision to accept the students and then not have the revenue for an entire year after the time they accepted the students. This made a critical path in the hearing schedules that has resulted in the time frames which have been established. If Irvine were to process and complete the development and all of the students went to Irvine then the school that is proposed in the current plan would be designed so as to accommodate the students from Bonita Village as well as areas in Irvine to the east, which would be enough students to generate the need for an entire school. If only Bonita Village is annexed to Newport Beach there would not be enough students. She said they have established with the school district over long years of experience what are called student generation factors and therefore can predict with great accuracy the number of students that will be generated from each housing product type. They have an agreement with the district that has been based on that. The agreements pay for the classrooms and the school facilities necessary to house those students. She said they have also built in a number of other financial cushions so that some amenities can be built into the schools that wouldn't otherwise be available without the mitigation funds that their projects_ represent. One of the purposes of the meeting that will be held on October 6 with all the various participants is to provide a very full discussion of the issues, the constraints, and the opportunities that they think the project represents. ® In response to Mayor Debay, Ms. Hoffman explained that there are several elements in the community of Bonita Village. The first is the Mesa area, Volume 51 - Page 448 C' J City of Newport Beach City Council Minutes September 22, 1997 INDEX which is a gated community of single family homes that will be very comparable to the existing Harbor View homes development. The second element is an apartment complex, the Irvine Apartment Communities, which is a public real estate trust that builds apartment homes. This part of the development is located along the area adjacent to MacArthur and will take access both from Bison and from Ford Road. She explained the demographics of their tenants and noted that they are fording very high figures of people who have the economic means to own their own homes but live in their gated apartment communities with security systems and fine amenities. She explained that there is a church site that is under construction and almost ready to open, a second church site, and three parks, as well as private recreational facilities within the gated community and the apartment project. There is also a passive open space area with trails that connect both of the parks. The trails can connect with the open space park within the Harbor View homes area for purposes of allowing pedestrian access, if that is desired. It was determined that the Council's preference is to take the Newport Coast annexation in total rather than in pieces. Upper Newport Bav Council Member Glover reported that there are a number of things that are being done that are very important. One is to work with the County and the ® federal government to get a watershed management study, which will give the City it's best advantage in keeping the bay water clean. The City is also working with the Santa Ana Regional Water Quality Control Board to establish the maximum daily loads of sediment and nutrients. She reported that on Tuesday she will be attending the Board of Supervisors meeting as they are scheduled to let the contract on the bay dredging. Through AB 241, $6.3 million has been approved by the Assembly for the wetlands restoration clearing house, and hopefully will be signed by the Governor on October 12th. The monies that are lacking from the other sources is to be made up by that so the dredging will be fully funded. City Attorney Burnham reported that the City's focus with dealing with the regional board and other parties involved on the watershed is to get moving as soon as possible on a comprehensive watershed management study that will look at all aspects of San Diego Creek and tributaries and its impact on the watershed on the upper bay. He said he would like Council authority to slightly modify the proposed response to sediment and nutrient TMDL's. He explained that the Regional Board staff has changed their position during the public hearing and workshop process and therefore it may be appropriate for the City to change its comments and response. He reported that the Board will make a decision on sediments on October 17 and on nutrients sometime in November. Mayor Pro Tem Edwards noted that there is a private foundation that may ® assist with future funding. He asked whether the El Nino will impact the dredging. Volume 51 - Page 449 City of Newport Beach City Council Minutes September 22, 1997 ® Council Member Glover responded that at the Back Bay Coordinating Meeting the County indicated that the El Nino would not have an enormous effect on the dredging. Public Works Director Webb stated that the sooner the silt is removed the better off the City will be because it will allow for more space for the silt to come in and it won't move as far down the bay. Mayor Pro Tern Edwards thanked Assemblywoman Brewer, Senator Johnson and the City's lobbyist/consultant Ken Emanuels. Council Member Glover reported that the last minute negotiations by Assemblyman Kurt Pringle put the City over the top and the City should be very appreciative of that. She said he worked very hard to get the funding reinstated, as well as on AB241. 17. BALBOA PENINSULA GATEWAY PARK AND LIDO VILLAGE GATEWAY PARK - (C- 3155). Assistant to the City Manager Ducey explained that before the Council tonight is the design for the two gateway parks - the Balboa Peninsula Gateway Park and the Lido Village Gateway Park. This has been a ® culmination of about a years worth of work that began when a resident, Jim Thompson, approached the City Manager and offered to spearhead a fundraising effort to purchase the property immediately adjacent to Baskin Robbins and make it into a gateway park. Ultimately they formed a citizens committee and raised $225,000 that went towards the purchase of the park and have also been actively involved in the actual design of the park. Referring to a colored drawing on the wall, she reported that one of the goals was to provide a screening for the buildings and other things that are behind both of those parcels. She said they are also in the process of designing a gateway sign so there is an entrance to the peninsula. She explained the proposed landscaping and the intent to provide a dramatic entryway statement. She said there is about $155,000 budgeted in various places for the park and it has been estimated that the two parks will cost anywhere between $225,00 and $275,000. The citizens committee has offered to continue to work towards generating donations. Construction on the Lido side of the park is expected to start sometime after the first of the year. The other park will not be constructed until the bridge widening is complete. Motion by Council Member Glover to approve the schematic designs for the two park sites, and to direct staff to prepare construction plans and specifications for the projects. Council Member Noyes complimented staff on the way the outreach has been handled for this project. ® Without objection, with Council Member Hedges and Thomson absent, the motion carried by acclamation. Volume 51 - Page 450 I 1 C -3155 Park Sites (38) City of Newport Beach City Council Minutes September 22, 1997 ® Louise Fundenberg, 808 W. Balboa Boulevard, said she is pleased to see the park and noted that the larger parcel is big enough to have a public facility in it and encouraged the City to consider that. 18. STATUS REPORT ON TRAFFIC ISSUES IN THE HOLIDAY ROAD TO SANTIAGO DRIVE AREA. Public Works Director Webb reported that quite a number of residents attended the Public Works Committee meeting and responded to a staff report that was put together for the committee. The staff report tried to outline what was felt to be the community's desires for traffic control on the four different streets that were involved. A recommendation was made that did not completely reflect the desires of the community, there were some differences of opinion and very lengthy discussions related to a number of those items. There was not unanimity amongst the residents as far as what they felt was appropriate. The outcome of the meeting was that the community would meet and try to bring the four streets together so they can come back to the Public Works Committee on October 27 with what they feel is a program that everybody on all four streets could support. Mayor Pro Tem. Edwards said he doesn't think unanimity will ever be reached and that he has received comments from both sides regarding the report. He said that one of the people he spoke to made a comment that they ® would like their children to have an opportunity to ride their bikes in that area. He suggested that consideration be given as to whether or not the residents would accept an assessment for the purpose of building sidewalks on one or both sides of the street. Council Member Glover requested that once the time and place for the next community meeting has been set that the City assist with preparing flyers to be given to each of the street representatives for distribution to the residents. 19. VACANCIES ON THE BOARD OF BUILDING APPEALS. By unanimous vote with Council Member Thomson and Hedges absent, Richard Luehrs and Robert Yant, Jr. were appointed to the Board of Building Appeals. - None ADJOURNMENT Motion by Council Member Glover to adjourn the meeting to Monday, October 27, 1997 at 5:00 p.m. for Closed Session and 7:00 p.m. for the Regular Meeting due to the conflict with the League of California Cities annual meeting. Without objection, with Council Members Hedges and Thomson absent, the motion ® carried by acclamation. Volume 51 - Page 451 INDEX Traffic - Holiday Rd/Santiago Drive (85) Building Code Board of Appeals (24) City of Newport Beach City Council Minutes September 22, 1997 The agenda for the Regular Meeting was posted on September 17, 1997 at 11:40 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. o ,.)?,. Recording Secretary e Ma or City Clerk Volume 51 - Page 452 I01 '