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HomeMy WebLinkAbout03/22/1999 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session March 22, 1999 - 4:00 p.m. INDEX Present: Adams, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: Glover (excused) 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR AND PRESENTATION FROM VINCE MESTRE REGARDING ITEM NO. 15. In response to Council Member Adams' questions regarding Item No. 13, Electric Vehicle Program Final Report, General Services Director Niederhaus clarified that the matching funds pay for the lease, maintenance, staff time, and cost for installing the chargers, but does not cover the cost of electricity. Regarding Item No. 3, Vacation and Abandonment of a Portion of Avocado • Avenue, Mayor Pro Tem Thomson questioned ownership of the property. He stated that he called the title company and they indicated that the City is the owner of the easement, in which case, the City cannot just give this property away. City Attorney Burnham reported that he discussed this with Development Engineer Hoffstadt and that City right -of way is subject to the vacationlabandonment process. If it is a fee property, a different procedure is warranted. Mayor Pro Tem Thomson suggested pulling this item until all the facts are known. Public Works Director Webb reported that research indicates that it was dedicated as part of the 1904 Corona del Mar Tract Map and that the wording is different than today's wording. Additionally, no record of any deed that gives the City fee rights has been found. He stated that the Irvine Terrace Tract was approved showing half of it as being dashed off. There was no dedication or reservation on the map. Mr. Webb stated that this is no different than the Marguarite and Carnation vacation/ abandonment. Council Member Debay stated that Terry Andrus, who is an attorney and works at the Sanitation District, informed her that Mrs. Wheeler had been paying taxes on that property since 1904 and that they feel they have some legal claim to the property in the absence of a fee document. Mayor Pro Tem Thomson stated that it was his understanding that the County returned Mrs. Wheeler's taxes since they found it was not owned by her. Mayor O'Neil suggested pulling the item tonight. • Regarding Item No. 18, Dredging in Newport Harbor, Council Member Debay asked if there was any way to receive emergency funding so that the far west end of the Bay could be dredged now and its waste can be hauled Volume 52 - Page 400 E • • City of Newport Beach City Council Minutes March 22, 1999 away by the barge currently in the Bay. Deputy Chief Melum reported that the barge has left the Harbor and that the barge in the Upper Bay is almost ready to leave. He stated that City survey crews will be measuring the depth to compare it to the design depth and that the information will be coming back to Council. Mr. Melum indicated that, unless the Army Corps of Engineers allows the County to increase their load by 10 percent, they are a week or two away from completion. Regarding the Newport Townhomes installing new docks, Mr. Melum reported that they conducted a project which left part of the sediment in the channel and on the adjacent beach, and that the City is working with them to get that cleaned up. He stated that rather than hauling it out, which is the more expensive option for the residents, the City has the option to put it on the beach at 43H Street and dewater it. He reported that the residents have resisted doing that even though it can be covered with clean sand. In response to Council Member Debay's request, Mr. Melum indicated that he will try to coordinate with the County to include this with their waste. He stated that, because of the Newport Boulevard bridge, he is not sure their barge would be able to get under it. However, a local dredger does have a smaller barge that may be used occasionally. Regarding the inability for the County to dump the dredged spoils, Mr. Melum reported that, because of the dumping mistake, they still have not received approval from the EPA to go forward and finish the project. He stated that it was his understanding that negotiations are underway to try to resolve this quickly. Regarding Item No. 21, Public Hearing on Fiscal Year 1999 -2000 Community Development Block Grant Applications, Council Member Debay informed staff that she will be asking where the City refers the homeless after they are detained by the Police Department; and the location of the ADA improvements and how to get on a priority list, if one exists. Regarding Item No. 5, Ordinance No. 99 -6 (Allowing Overnight Vessel Storage on Beaches), Council Member Ridgeway indicated that he will be pulling this item to request that a 300 foot radius notification take place. Mr. Burnham clarified that the ordinance would need to be reintroduced if a change occurs but that Council Member Ridgeway would not need to pull it tonight. In response to Mayor Pro Tem Thomson's concern that a 300 foot radius may not be enough, Council Member Ridgeway stated that his concern is for residents that are adjacent to where this may occur. Mr. Burnham stated that an amendment to the ordinance will be brought back April 12. Regarding Item No. 4, Council Policy Manual, Assistant to the City Manager Kiff reported that a change will need to be made to Council Policy K -3 to amend Section F.2's fee from 15 percent to 50 percent, as required in the Municipal Code. Council Member Adams indicated that he will be pulling this item tonight anyway. Mayor O'Neil stated that the amendment can be handled at that time. Regarding Item No. 15, JWA Settlement Agreement to Modify the Departure Volume 52 - Page 401 INDEX City of Newport Beach City Council Minutes March 22, 1999 • Noise Limits Consistent with the Results of the Comparison Test Conducted by Mestre Greve & Associates, John Myerly, Manager of the Access and Noise Program at John Wayne Airport, provided a brief background about the noise monitoring system. He stated that the new system's results were compared with the current system and, as expected, the results were not identical. Vince Mestre, Mestre Greve & Associates, utilized overheads to compare the new and old systems. He reported that the old system is antiquated and irreplaceable if broken and that the new system was installed a year ago. He stated that the new system can enforce noise to .1 dB and that a 1 dB increase in the noise limit standard translates to a decrease of 5,000 pounds to the aircraft. In response to Council Member Ridgeway's questions, Mr. Mestre reported that the State tolerance is plus or minus 1.5 dB. He stated that the reason for the staff report is to receive permission to dismantle the old system. He indicated that this can be done as soon as it meets all specifications and the new noise level standards are approved. Mr. Burnham stated that he is confident that the new system will not increase any noise levels for residents or enhance the aircraft capacity at JWA. Additionally, information will not be lost if power fails at JWA. Mr. Mestre reported that the new system's bullhorns are connected by phone • line to the central computer at JWA; the data is stored by telephone dial -up transferred to the airport; the raw data is stored, backed -up, and archived on the computer system; and a noise event file is created for each event, as well as hourly noise numbers. He assured that with the new system the airport can operate 30 days without telephone connection and no data will be lost. 2. CONCEPTUAL PLAN FOR BONITA CANYON PARK Community Services Director Kienitz reported that the current plans are estimated to cost $5.65 million for construction and $250,000 for design; that funds are available for this project; that they are asking for direction relative to the employment of the landscape architect to develop the construction drawings; and that Rick Vanderwood's services (EPT Landscape Architect) to date have been provided by The Irvine Company. Pat Beek, Parks, Beaches & Recreation Commission Chair, stated that she is submitting the conceptual plans for the build -out of the Bonita Canyon Park for Council approval on behalf of the entire PB &R. She indicated that the plans contain amenities /uses that were designed and supported by City co- sponsored youth groups and residents; and that the project is within budget. Rick Vanderwood, EPT Landscape Architect, described the park's amenities which include soccer fields, baseball fields, dedicated open space, parking areas, a tot lot area, restroom /storage facilities, trails, and landscaping; and • that future amenities may include another restroom facility near one of the ball fields, an additional parking area, and another tot lot. He stated that, should the School District decide to build a school there, the multi - purpose Volume 52 - Page 402 INDEX C- 3270 -A/C- 3270 -B Bonita Canyon Park (38/62) Volume 52 - Page 403 City of Newport Beach City Council Minutes March 22, 1999 INDEX • field would be lost and the main parking area would be rearranged. Regarding Council Member Adams' questions, Senior Recreation Manager Hunt reported that there will be no lights at this park and that park usage will probably cease by dusk. At Council Member Ridgeway's request, Mr. Vanderwood compared the current parking layout to the shared parking layout in the event the School District decides to build a school in that area. He indicated that the proposed shared parking is acceptable to the School District. In response to Council Member Ridgeway's questions, Mr. Hunt confirmed that the conceptual design drawings are complete. Regarding the $250,000, Public Works Director Webb stated that it covers the cost for the construction/working drawings. Motion by Council Member Noyes to approve the conceptual plan for the construction of the area referred to as Bonita Canyon Park, as recommended by the Parks, Beaches and Recreation Commission on March 2, 1999; and direct staff to negotiate a scope of work and cost with EPT Landscape Architecture and prepare a contract for City Council approval. Council Member Ridgeway stated that he cannot support the latter part of the motion and wondered why the City would not go out to bid for landscape • architecture services. Substitute motion by Council Member Ridgeway to approve the conceptual plan for the construction of the area referred to as Bonita Canyon Park, as recommended by the Parks, Beaches and Recreation Commission on March 2, 1999; and direct staff to follow the traditional consultant selection process for hiring of a landscape architect. The substitute motion died for lack of a second. In response to Council Member Adams' question relative to the percent of the total construction cost the $250,000 represents, Mr. Webb indicated that it represents about 5 percent of the cost. This is low since design costs normally represent about 7 to 8 percent. The motion carried by the following roll call vote: Ayes: Adams, Thomson, Debay, Noyes, Mayor O'Neil Noes: Ridgeway Absent: Glover Abstain: None 3. JOINT MEETING OF COUNCIL AND PLANNING COMMISSION TO Planning Commission/ DISCUSS APPROACH AND PARTICIPATION IN UPCOMING General Plan GENERAL PLAN AMENDMENTS. Amendments (68) • Planning Commissioners in attendance included Thomas Ashley, Richard Fuller, Anne Gifford, Mike Kranzley, Larry 'Pucker, and Chairman Ed Volume 52 - Page 403 City of Newport Beach City Council Minutes March 22, 1999 INDEX was Mayor O'Neil stated that he and Chairman Selich decided that because of all the items on the Council agenda a comprehensive General Plan Amendment discussion should not take place at this time and that coastal areas be discussed instead. He pointed out that The Irvine Company submitted an LCP application for development in the Newport Center /Fashion Island area and believed that it may be beneficial to look at this general area since there may be other landowners that have some interest in developing their property and could save on having to do a lot of individual EIRs. Mayor O'Neil believed that this process can be used for the Newport Center and the airport areas. Mayor O'Neil introduced new City Manager Homer Bludau to the Planning Commission. Chairman Selich noted that the Planning Commission made several recommendations to Council. He reported that the California Planning and Zoning Law provides that the Planning Commission annually review the capital improvement programs for consistency with the General Plan. He stated that the Commission reviews General Plan Amendments at the time of initiation and then determines its worthiness for review by Council. Beyond that the Commission has little involvement in the process. Chairman Selich believed that the amendments may be better if the • Commission was able to review them prior to 5 days before the public hearing. Chairman Selich stated that the Commission also believes that all the elements within the General Plan also need to be looked at, not just focus on the land use element. He reported that a number of large projects are coming up and believes that the Newport Center project is the project in which they would most likely have an immediate impact since it is fairly easy to isolate an area that is self sufficient and has defined boundaries. Chairman Selich believed this is an opportunity to address all of Newport Center and involve all property owners in the planning process; take the lead in long -range planning; comprehensively address all of the General Plan Amendments and urban design issues; develop a specific plan for Newport Center with development regulations; and develop a Master Environmental Impact Report (EIR). He stated that funding may come from contributions from consultant assistance and major property owners with a possible future reimbursement procedure for property owners that are taking advantage of the Master EIR. Chairman Selich believed Council support would be beneficial so that the Commission can set up a committee to work with staff in developing this concept. Regarding other projects, Chairman Selich stated that the Commission probably does not have the ability to become as involved as the Newport Center project. Chairman Selich commended staff on its accomplishments with the Coastal Commission for the LCP application. He reported that a recommendation is • forthcoming from EDC concerning the airport area and that it is consistent with what is being discussed today. This is another opportunity where the Commission can assist Council in trying to develop the framework for the Volume 52 - Page 404 City of Newport Beach City Council Minutes March 22, 1999 • necessary coordination between all the different planning programs. Chairman Selich noted that the last recommendation is for the Commission to review the Capital Improvement Program. He believed that this could also bridge the gap between adopting a General Plan and actually implementing it. He reiterated the recommendations in the staff report. Council Member Ridgeway suggested that the Conexant and Koll Center projects follow a larger vision toward a larger policy. In response to Council Member Ridgeway's question regarding study sessions for EIR issues, Commissioner Ashley stated that the study sessions are strictly to find out more facts about the project. The project is not pre- approved by conducting study sessions. Chairman Selich added that it will be a Planning Commission study session and no formal public hearing process will take place at that time. He indicated that many cities do this because it helps to make a better plan. Commissioner Tucker discussed how this process was brought about and indicated that a guideline has not been devised yet. He stated that he has participated under the "study session" jurisdiction and that they are very valuable in the process. He emphasized that the importance is to get involved early so that information is received early. Regarding the visioning process, Council Member Noyes stated that he would like to determine the types of things the public wants in the City and that he is unsure if this is something that can be done in conjunction with • the Planning Commission. Chairman Selich indicated that they have not been too involved in that aspect as he believed the new City Manager was to set the tone for that. Commissioner Ashley believed that residents should be used for this visioning process and not consultants. Council Member Ridgeway stated that Mr. Bludau needs a broad framework of what we think the City wants. Council Member Noyes suggested seeing what other cities have done and use their format. Council Member Debay expressed concern relative to the landowner who is losing tenants because there is not enough square footage. She wondered if this process would be creating a moratorium. She also asked about the time constraints. Chairman Selich stated that the City needs to continue conducting business during this process. Council Member Adams believed that this is a great approach and that he is very supportive. He requested that staff investigate what is needed to get this done. He noted that this will be a change in. the Planning Commission's scope and requested that staff also look at the Council Policy Manual to make sure that they will not be doing anything that is contrary to current policies. Regarding staffing this type of endeavor, Assistant City Manager Wood believed there is not enough staff. She pointed out that they are planning to use an outside consultant to assist with the Koll Center project and will be requesting approval to hire another Senior Planner in next year's budget. • Council Member Debay requested that a City Council study session be conducted to discuss updating the housing element as mandated by the State and to discuss affordable housing issues. Mayor Pro Tem Thomson stated Volume 52 - Page 405 INDEX • City of Newport Beach City Council Minutes March 22, 1999 INDEX that it was his understanding that landowners can try to extend their contract on the existing affordable housing facility. He thought that a member of Council should be involved with the Planning Commission study sessions to keep Council informed. Mayor O'Neil believed that the direction should be for the Planning Commission to report back to Council. In response to Council Member Ridgeway's questions regarding The Irvine Company's financial holdings in Newport Center, David Neish of Culbertson, Adams and Associates, stated that he is unsure if The Irvine Company has spent money on every property. He believed that, as far as Block 800 is concerned, the teacher's union and the Pacific Mutual buildings are owned by those two entities. Mr. Neish noted that The Irvine Company does have certain discretionary review over the future development of the Newport Country Club and many of the other businesses in that area, but not Block 400. Commissioner Ashley added that The Irvine Company has no restrictions on the Hyatt Newporter either. Mr. Neish stated that he believes this is a good process and that The Irvine Company is philosophically supportive of it. He indicated that the key thing the applicants would be interested in is that things continue to be processed, believing it is not Council's intent to set up a moratorium. Commissioner Gifford believed that the new process will result in the processes moving faster, things will stream into this process, and new things • will move through the process more quickly. Additionally, this process will lessen Council's burden and projects will come to Council in tune with the City's vision. Chairman Selich believed that what the Commission is proposing is reasonable and will take some of the burden off of Council. Further, Council has the Planning Commission who is willing to do this work. Motion by Mayor O'Neil to approve the suggested approach for Newport Center, and direct the Planning Commission and staff to develop a scope of work, budget and schedule, and meet with property owners; direct the Planning Commission to hold study sessions to provide early review and input on the Newport Dunes Hotel, Banning Ranch, Conexant, and Koll Center projects; direct the Planning Commission and staff to develop an approach for studying the interrelationships among the Newport Center GPA, and possible LCP update and the Airport Area speck plan; and direct the Planning Commission to review the proposed Capital Improvement Program for consistency with the General Plan prior to City Council budget hearings. Discussion ensued relative to budgeting the appropriate staff support so that this begins immediately. Ms. Wood believed that she and the Planning Director will need to meet with the property owners, not staff, and that having an additional staff person for the next budget will be sufficient. Council Member Ridgeway supports the motion but recommended that it be • expanded to look at a General Plan Amendment for both the airport and Newport Center areas. Volume 52 - Page 406 City of Newport Beach City Council Minutes March 22, 1999 • Without objection, the motion carried by acclamation. PUBLIC COMMENTS - None � � ADJOURNMENT - 5:50 p.m. The agenda for the Study Session was posted on March 17, 1999, at 2:35 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary ngM`f City Clerk �� �,, Volume 52 - Page 407 IN 03