HomeMy WebLinkAbout01 - MinutesJanuary 11, 1999
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes ®����
Study Session
December 14, 1998 - 5:00 p.m. INDEX
ROLL CALL
Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil
Absent: None
CURRENT BUSINESS
1. REVISIONS TO TRAFFIC PHASING ORDINANCE.
Mayor O'Neil reported that Council appointed a committee 5 to 6 months ago
to look at possible revisions to the Traffic Phasing Ordinance (TPO). He
noted the diversity of the committee members and emphasized the City's
effort to get varying parties to provide input. He stated that, although the
proposed TPO may not be the best work product, it does comply with some of
the legal concerns. Mayor O'Neil stated that, if Council approved the
schedule, the group hopes to forward this to EQrAC and EDC, then to the
Planning Commission, and back to Council for formal adoption in March. He
indicated that there will be opportunity for further modifications during the
public outreach meetings.
Planning Director Temple presented a slide show of her presentation. She
stated that the TPO is not the only tool to manage growth in the City and
simplified the use and purpose of the TPO. She explained that "critical
intersections' are those intersections subject to TPO analysis and are
arterial highways which have traffic signals and intersect with other arterial
highways/public streets. Ms. Temple also clarified the amount of traffic
increase that would require a traffic study; how fair share fees are
distributed; the importance of the ICU count and how rounding the number
can affect the count; and how a project could be approved with a 415th
override vote. Ms. Temple stated that, as a result of the TPO, intersections
have been improved by developers; projects have been scaled back in order to
be approved or to avoid making improvements; the City now has specific
rules to guide the environmental review process; and the community
supports the process.
Ms. Temple explained that amendments to the TPO are being proposed
because the City Attorney is of the opinion that the TPO is vulnerable to a
legal challenge based on recent court decisions. Further, the City can
protect its traffic standards while maintaining its ability to accommodate
desirable new growth. She reviewed the significant changes, explaining that
the revisions will acknowledge that a limited number of intersections will be
congested during peak hours. Further, it will allow some development to
precede certain intersection improvements; allow the city to approve
development without requiring undesired intersection improvements;
provide greater legal defensibility; and formalize traffic study procedures in
the municipal code. Ms. Temple stated that development projects will still
be analyzed for circulation system impacts and will pay circulation system
mitigation costs only in proportion to their impact.
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Traffic Phasing
Ordinance
(26)
City of Newport Beach
City Council Minutes
December 14, 1998
INDEX
In response to Council Member Glover's questions, Ms. Temple stated that
standards will be the same throughout the City unless Council directs staff
to prepare alternative language. She noted that alternatives may be
reviewed as the issue is moved through the public review process and may
also come about as a result of the public review process. Council Member
Glover expressed the opinion that Council may want to look at the airport
area differently because it is strictly a business area. Ms. Temple stated that
the committee discussed that possibility; however, they initially wanted an
ordinance that does not require an environmental impact report.
In response to Council Member Glover's question regarding Section
15.40.010.C, Ms. Temple stated that this accommodates if Council wishes to
not require certain intersection improvements. Ms. Glover took issue that
Council was not provided with any listing of intersections. Regarding
Section 15.40.030.A.1.a, Ms. Temple clarified that "unsatisfactory level of
service" is the .90 threshold. Transportation and Development Service
Manager Edmonston clarified that a traffic distribution map is included in
the TPO that shows the consultant's best estimate of where traffic is coming
from. He stated that the traffic model, which is different than the TPO, uses
the numbers found from the research conducted on the average length of
trips. Council Member Glover expressed concern with the affect not having
the 19th Street bridge will have on Mariner's Mile. Regarding Section
15.40.30.A.2.d, Ms. Temple stated that a project's impact will be analyzed
but exempt from mitigation requirements. Further, that the improvement
may be avoided until Council decided to conduct the improvement.
Regarding Sections 15.40.040.A and F, Council Member Glover took issue
that she was not provided with Table IV and Appendix A.
Council Member Debay expressed concern that no improvements will be
allowed in West Newport if the 19th Street bridge is not constructed and
hoped that Council will look at artificial constraints. She also expressed
concern relative to the impacts of neighboring cities on Newport Beach.
Council Member Debay requested and received clarification from City
Attorney Burnham relative to the 4 /5th override vote.
Following a clarification by Ms. Temple of "undesirable intersection
improvements," Council Member Ridgeway took issue with the concept. He
stated that this means that its intent is to not address the undesirable
intersection improvements. Mr. Burnham clarified that the concept is not to
exclude all the intersections that may have congestion, but is limited to the
intersections where it would function at or below the LOSD standard if the
improvement were made and one that Council determined that the general
planned improvement should not be made. Council Member Ridgeway
stated that this does not take into consideration the possibility that a
circumstance may change. Further, that the City has built -in limitations
and that this creates a situation where the City will have more traffic and
congestion. Mr. Burnham clarified that the reason for introducing the
concept was to avoid the litigation situation that occurred in the City of
Laguna Beach. Council Member Ridgeway expressed the opinion that, as
written, Council is aggregating its responsibility to the citizens.
Council Member Adams reminded Council that they are previewing
something that will go out to the public for input. He stated that the
objective is to make the TPO workable and that Council does not need to
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City of Newport Beach
City Council Minutes
December 14, 1998
INDEX
deal with the bigger issues tonight. Council Member Adams reported that
the technical committee made changes to the exempt intersection component
of the TPO that makes it more understandable. Mr. Burnham stated that he
would prefer to have one more meeting with the group before taking the
proposed TPO to the public. Mayor O'Neil suggested bringing the draft back
to Council prior to taking it to the public.
Council Member Adams concurred that all the attachments should be
included to make it a stand -alone document. Council Member Ridgeway
suggested attaching the fair share fee ordinance to the document.
Philip Bettencourt, 110 Newport Center Drive, Suite 150, stated that the
TPO has been in revision for more than 3 -years and the existing TPO was
vulnerable to legal challenge. He stated that, although the draft is far less
ambitious than the business people were sponsoring, important progress has
been made. He emphasized that they (business community) have never
bought into the 4 /5th override provision. Mr. Bettencourt indicated that they
wondered if the 300 trip -end requirement is necessary as it seems low.
Further, they remain disappointed that the current version puts off
addressing the inconsistency between the TPO requirement that
intersections operate at no worse than a .90 ICU, while the general plan
concludes that a number of the intersections in the airport area are projected
to operate at ICU levels over .90. He stated that they believe the process
should be wrapped up and moved forward to the public hearing process.
Jean Watt stated that she appreciated being involved in the process and that
she is glad it is going public. She also appreciated all the work Mr. Burnham
has done to incorporate all the comments. She stated that they (SPON)
want to stay at Level D (urban standard). She noted that what people see on
the roads during summer and Christmas is worse than what is being
discussed. Ms. Watt noted that the circulation system is really big at certain
intersections and that there is no place for it to grow and expressed concern
with land use and exempting intersections. She noted that the last general
plan update was conducted in 1988 and suggested conducting one prior to
exempting intersections.
Barry Eaton, 727 Bellis, agreed with Ms. Watt's suggestion, stating that the
larger problems should be incorporated in a general plan update. He
believed that the thing that will attract the most public attention is the
exempt intersection category. He suggested taking out the exemptions to
the intersections adjacent to Eastbluff.
Allan Beek believed that the 4 /5th override provision should be removed and
suggested improving the general plan to include intersection improvements.
He expressed concern over requiring a smaller developer to pay for the
intersection improvement and suggested not improving the intersection until
all funds are available. He expressed the opinion that this was a good start.
Assistant City Manager Wood requested and received clarification from
Mayor O'Neil that Council wanted another round of technical revisions to
come back to Council prior to public review. Mayor O'Neil suggested
bringing this back January 11, 1999.
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City of Newport Beach
City Council Minutes
December 14, 1998
2. REPORT FROM THE
ENVIRONMENTAL DOCUMENTS
COUNTY OF ORANGE AND THE
EL TORO MCAS.
i `
ing)
Y ATTORNEY REGARDING El Toro
BEING PREPARED BY THE Airport
CITY OF IRVINE RELATING TO (54)
City Attorney Burnham reviewed the impacts Alternatives B and C would
have on the area. He stated that the alternatives that have received more
interest and comment in the City are Alternatives F and G; however,
believed that neither alternative can be selected by the County without
further environmental documentation. He noted that Alternatives F and G
also give Council and the community some indication of what is likely to
happen if a commercial airport does not happen at the El Toro site.
Mr. Burnham explained that the City's Comments on the NOP for EIR 573
request that the County analyze the traffic impacts of Alternative C using
Newport Beach traffic model standards; and evaluate the traffic, noise, and
air quality impact of Alternatives F and G. He reported that the comments
are due on January 18. He stated that he welcomes Council input, and that
he has also requested that the City's special airport counsel review the NOP
and provide him with input.
In response to Council Member Glover's questions, Mr. Burnham reported
that the County is not legally required to automatically go to Alternatives F
and G if Alternatives B and C are not adopted.
Barry Eaton stated that he has reviewed the NOP and commended
Mr. Burnham for incorporating his comments.
3. CLARIFICATION OF ITEMS ON THE EVENING CONSENT
CALENDAR.
Item not discussed.
PUBLIC COMMENTS — None
ADJOURNMENT — 6:00 p.m.
+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++
The agenda for the Regular Meeting was posted on December 9, 1998, at
2:20 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
Volume 52 - Page 237
No Report
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
December 14, 1998 - 7:00 p.m.
I)RAFT
STUDY SESSION - 5:00 p.m. [Refer to separate minutes]
CLOSED SESSION - 6:30 p.m. [Refer to separate agenda from City Attorney]
CLOSED SESSION REPORT PRESENTED - None
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil
Absent: None
Pledge of Allegiance - Mayor O'Neil.
Invocation by Lloyd Dalton, Public Works Design Engineer.
Mayor O'Neil welcomed the two new Councilmembers, Tod Ridgeway and
Gary Adams.
Presentation of Bronze Award for the Orange County's United Way 1998 -99
Campaign to Chairman Steve Ahuna and recognition of the following
department representatives: Tina Watson, Community Services; Janet
Johnson, Planning; Mike McDermott, Police; Due Bui, Administrative
Services; Vicky Cleary, Fire & Marine; Joan Ackerman, Utilities; Miriam
Eldridge, General Services; Kelli Sword, City Attorney; Shauna Oyler,
Public Works; and Susan McCourt, Building. Chairman Ahuna thanked the
volunteers listed, the United Way staff and Acting City Manager Danner for
their assistance.
Presentation of Taste of Newport Proceeds by Richard Luehrs, President of
the Newport Harbor Area Chamber of Commerce to Local Non -Profit
Organizations. Mr. Luehrs introduced Bob Black, Chairman of the Board,
and Lee Sutherland and Dorothy Larsons, board members. The following
organizations received contributions: Times Orange County Charities -
$5,000; Newport -Mesa Schools Foundation - $2,500; Friends of the Newport
Beach Library - $2,500; Environmental Nature Center - $2,500; Balboa
Theater Foundation - $2,500; Boy Scout Sea Base - $2,500; Corona del Mar
BID - $2,500; and Balboa Island Bid - $1,000.
MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A
FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-
Council Member Noyes announced that the Winter issue of the Newport
Navigator contains Tidelines, the City newsletter. He thanked the Community
Services Department for inserting the newsletter into their publication, and
Volume 52 - Page 238
INDEX
City of Newport Beach
City Council Minutes
December 14, 1998
IIK11]I
stated that suggestions for changes can be directed to Assistant to the
Manager I{iff.
• Council Member Ridgeway requested that the City's circulation element and
general plan be discussed at a January City Council meeting. Mayor O'Neil
suggested that this item could be included in the Council's goals that will be set
on January 30, 1999. Council Member Ridgeway requested that a summary of
what the City will face be presented prior to that date.
• Council Member Debay thanked the Fire & Marine Department and the mutual
aid received from other cities during the brush fire on December 9, 1998. Mayor
O'Neil added that the homeowners in the area were appreciative of the quick
response by the Police and Fire & Marine Departments.
• Council Member Adams requested that the Jamboree Road/Bison Avenue
intersection be discussed and a decision made as quickly as possible.
• Council Member Glover referred to a letter to the Acting City Manager from
Susan B. Seifert, co- presiding President of SPON (Stop Polluting Our Newport),
dated November 21, 1998, requesting that the City follow -up on the transfer of
title on the parcel of land adjacent to the Main Library, known as Newport
Village. Council Member Glover requested that a status report be provided to
the City Council at its next meeting.
Mayor Pro Tern Thomson announced several entities in the City that need
funding for various reasons. He mentioned Newport Heights Elementary School
needing to make several improvements at the school, with the contact to make
donations being Jamie Holmes. He said Ms. Holmes number can be obtained by
contacting the Mayor's office. Also, the Newport Beach Little League needs to
finish work on their fields, and interested donors can contact John Della Grotta
at 721 -8748. Mayor Pro Tern Thomson also mentioned the Corona del Mar High
School track being converted into an all- weather track, with an additional $5,000
needed to complete the project. He said that donations can be made through
Susan I{ramer at 549 -0224.
• Mayor Pro Tern Thomson announced the annual Newport Christmas Boat
Parade running from December 17th through the 23rd.
• Mayor O'Neil announced that the City Council will begin holding Study Sessions
at 3:00 p.m. in the Council Chambers, prior to all regular Council meetings.
Mayor O'Neil requested that the citizen advisory committees be invited to the
Study Session on January 11, 1999. He suggested that the committees come
prepared to discuss their goals and accomplishments, and suggestions for
improvements in working with the City. Mayor O'Neil specifically asked that
the Environmental Quality Affairs Committee, the Harbor Quality Committee,
the Economic Development Committee and the Aviation Committee attend the
Study Session. Council Member Ridgeway also suggested that the presidents of
the homeowners associations be invited to attend the meeting. Mayor O'Neil
agreed.
• Mayor Pro Tern Thomson announced that the City's Sister Cities organization is
very active and a group will be going to Okasaka, Japan in April. He stated that
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City of Newport Beach
City Council Minutes
December 14, 1998
anyone interested in the trip
CONSENT CALENDAR
contact Wendell Fish at 720 -1077.
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
MINUTES OF THE REGULAR MEETING OF NOVEMBER 23, 1998
AND ADJOURNED REGULAR MEETING OF NOVEMBER 30, 1998.
Waive reading of subject minutes, approve as written and order filed.
Ayes: Glover, Thomson, Debay, Noyes, Mayor O'Neil
Noes: None
Absent: None
Abstain: Adams, Ridgeway (from the approval of the November 23,
1998 minutes only)
2. READING OF ORDINANCES AND
full of all ordinances and resolutions
Clerk to read by title only.
RESOLUTIONS FOR ADOPTION
RESOLUTIONS. Waive reading in
under consideration, and direct City
3. TERMINATION AND ASSIGNMENT OF NON - EXCLUSIVE
COMMERCIAL SOLID WASTE FRANCHISES. Adopt Resolution
No. 98 -78 terminating the solid waste franchise agreement between the City
of Newport Beach and Haul Away Containers and assigning the City's
franchise agreement with Orco Disposal to CR &R, Incorporated; approve
agreement to surrender the franchise agreement between the City of
Newport Beach and Haul Away Containers; and approve the assignment of
the Orco Disposal Franchise Agreement to CR &R.
4. APPROVAL OF STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION, 1997 EDITION AND WORK AREA
TRAFFIC CONTROL HANDBOOK, 1996 EDITION. Adopt Resolution
No. 98 -79 approving Standard Specifications for Public Works Construction,
1997 Edition and Work Area Traffic Control Handbook, 1996 Edition as
minimum standards for the City of Newport Beach Public Works projects
and approving future supplements to those standards.
5. 800 MHz AND DOCUMENT IMAGING LEASE/PURCHASE
FINANCING. Adopt Resolution No. 98 -80 and authorize the Acting City
Manager to execute the Master Equipment Lease/Purchase Agreement and
related agreements referenced in the resolution for the 800 MHz Radio
System and Document Imaging Systems Project with Municipal Funding
Group.
ORDINANCE FOR INTRODUCTION
6. ORDINANCE NO. 98 -27 PERTAINING TO THE FEEDING OF WILD
BIRDS AND MARINE LIFE. Introduce ordinance and pass to second
reading on January 11, 1999.
Volume 52 - Page 240
1 10-17 �►V
Res 98 -78
Non - exclusive
Commercial
Solid Waste
Franchises
(42)
Res 98 -79
Standard
Specs &
Work Area
Traffic Control
Manuals
(74)
Res 98 -80
C -3100
800 MHz/
Doc. Imaging
Lease/Purchase
Agrs (38)
Ord 98 -27
Feeding Wild
Animals (51)
City of Newport Beach
City Council Minutes
December 14, 1998
1Q117�►V
ORDINANCES FOR ADOPTION
7.
ORDINANCE NO. 98 -25 AMENDING SECTION 12.68.060 OF THE
Ord 98 -25
NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH A
Parking Permit
RESIDENTIAL PARKING PERMIT PROGRAM FOR PORTIONS OF
Prog. /Newport Hts.
NEWPORT HEIGHTS AND CLIFF HAVEN. Adopt Ordinance No. 98 -25.
& Cliff Haven (85)
8.
AN AMENDMENT TO DISTRICTING MAP NO. 1 TO CHANGE
Ord 98 -26
ZONING DISTRICT CLASSIFICATION OF 511 CANAL STREET
Amendment 811/
(NEWPORT SHORES COMMUNITY CLUBHOUSE) FROM OPEN
511 Canal St./
SPACE PASSIVE (OS -P) TO OPEN SPACE ACTIVE (OS -A)
Newport Shores
[AMENDMENT NO. 8811. Adopt Ordinance No. 98 -26.
Clubhouse (94)
CONTRACTS AND AGREEMENTS
9.
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND
C -2650
SCHOCK BOATS (contd. from 11/09/98). Approve the agreement
Use of Dock
between the City and Schock Boats for use of the dock bayward of the 29th
Bayward/
Street end; and approve amended City Policy I -2 — Instructional Recreation
Policy I -2
Activities.
(38/69)
10.
Item removed from the Consent Calendar by Council Member
Ridgeway.
11.
APPROVAL OF BUDGET AMENDMENT (BA -028) PERTAINING TO
C -2825
MACARTHUR BOULEVARD WIDENING PROJECT — SEGMENT 2
BA -028
(C- 2825). Approve Amendment No. 1 to the Professional Services
MacArthur Blvd.
Agreement with AGRA Earth and Environmental authorizing $33,000 for
Widening Project —
additional materials testing services and authorize the Mayor and City Clerk
Segment 2
to execute the Amendment; approve Amendment No. 1 to the Professional
(38/40)
Services Agreement with Deist- Binsfield, Inc. authorizing $47,700 for
additional construction management services and authorize the Mayor and
City Clerk to execute the Amendment; and approve a Budget Amendment
(BA -028) appropriating $535,700 from the Circulation and Transportation
Fund to Account No. 7261- C5100066 and $125,000 from the CIOSA Fund to
Account No. 7432- C510066.
12.
REVISED AMENDMENT TO CSDOC COOPERATIVE AGREEMENT
C -2886
FOR LIDO PUMP STATION [ARCHES] (C- 2886). Approve revised
BA -027
Amendment No. 1 to the Cooperation and Reimbursement Agreement with
Lido Pump
the County Sanitation Districts of Orange County relative to design of the
Station/
Lido Sewage Pump Station replacement and authorize the Mayor and City
CSDOC
Clerk to execute the Amendment; authorize Budget Amendment (BA -027) to
(38/40)
transfer $112,200 from the Sewer Pump Station Master Plan (Account No.
7532- C5600100), to the Sewer Main Master Plan Improvement (Account No.
7532- C5600292), for sewer mains at the intersection of Newport Boulevard
with Via Lido and Short Street; and authorize staff to apply for matching
funds from the County Sanitation Districts to repair and reconstruct sewer
lines that are impacted by infiltration of groundwater.
13.
ASSIGNMENT OF LEASE WITH KELSHO COMMUNICATIONS.
C -3164
Approve the assignment of the Kelsho Communications lease to Citicasters
Radio
Company and approve the Memorandum of Lease, Assignment and Consent
Broadcasting
Volume 52 - Page 241
City of Newport Beach
City Council Minutes
December 14, 1998
and Estoppel Certificate, and authorize Interim City Manager to execute the
Memorandum of Lease and Estoppel Certificate upon satisfaction of all
conditions.
MISCELLANEOUS ACTIONS
14. PLANNING COMMISSION AGENDA FOR DECEMBER 10, 1998.
Receive and file.
15. REQUEST TO CONVERT PART -TIME LIBRARIAN II TO FULL -
TIME LIBRARIAN I. Approve the reallocation of funding within the
library budget to convert the part -time Librarian II (8034) position to a full-
time Librarian I (1180).
16. Item removed from the Consent Calendar by Council Member
Adams.
17. REVIEW OF LIABILITY EXPOSURE ISSUES (contd. from 11/09/98).
Receive and file.
18. AMENDMENT TO CITY COUNCIL POLICY H -1, HARBOR PERMITS
(EXCEPTIONS TO THE HARBOR PERMIT POLICIES). Approve
amendment to Section 24, "Exceptions" of Council Policy H -1.
19. BUDGET AMENDMENT FOR CORONA DEL MAR
REFORESTATION, PHASE II. Approve Budget Amendment (BA -026) in
the amount of $35,000 to fund a Phase II reforestation of the City parkway
trees that are located on East Coast Highway in Corona del Mar.
20. ADDITIONAL FIELD MAINTENANCE FUNDING. Approve Budget
Amendment (BA -025) in the amount of $70,200 to fund field maintenance
operations in Account 3130 -8080 for the remainder of the fiscal year.
21. USED OIL OPPORTUNITY GRANT. Receive and file.
22. CITY HALL REMODELING AND APPROVAL OF BUDGET
AMENDMENT (BA -030). Approve the remodeling of a portion of the City
Hall lobby to provide for staff and Councilpersons' work stations, remodeling
of the Mayors office, and the construction of a secretary's desk.
23. ELECTRIC VEHICLE PROGRAM PROGRESS REPORT. Approve the
report summarizing the progress of the City's electric vehicle program for
submittal to the South Coast Air Quality Management District.
24. ACCEPTANCE OF EASEMENTS AND CERTIFICATION OF
ABANDONMENT OF EASEMENTS WITH RESUBDIVISION NO. 1041,
BAYVIEW .LANDING. Accept the offer of dedication of an easement for
sidewalk purposes as shown on Parcel Map No. 95 -137; accept the offer of
dedication of an easement for waterline purposes as shown on Parcel Map
No. 95 -137; accept the rededication of East Coast Highway and Jamboree
Road as shown on Parcel Map No. 95 -137; and certify abandonment of
easements as noted on Parcel Map No. 95 -137 and authorize the City Clerk
to execute the certification.
Volume 52 - Page 242
I o .4
Tower
(38)
Planning
(68)
Personnel]
Librarian
(66)
Police Liability
Exposure (70)
Policy H -1/
Harbor Permit
Policies (51/69)
BA -026
Corona del Mar
Reforestation
(40/44)
BA -025
Field Maint.
Funding (40/44)
Used Oil Grant (44)
BA -030
City Hall
Remodeling
(35/40)
Electric Veh.
Program
(44)
Resub 1041/
Bayview
Landing
(84)
City of Newport Beach
City Council Minutes
December 14, 1998
25. SALE OF PROPERTY ON SEASHORE DRIVE BETWEEN 32ND
STREET AND 33RD STREET ADJACENT TO 109 32ND STREET.
Approve the sale of City -owned property at 32nd Street and Seashore Drive to
Mr. Max Morgan for $7,836.48 cash to the City; and authorize the Mayor and
City Clerk to execute a grant deed transferring the property to Mr. Morgan
once $7,836.48 has been deposited with the City.
26. SETTLEMENT AGREEMENT FOR MICHAEL FARAH; APPROVAL
OF BUDGET AMENDMENT. Approve Budget Amendment (BA -029) to
appropriate $120,000 from the CIOSA loan appropriation reserve to Account
No. 7432- C510006 for grading, reconstruction of noise attenuation walls
along the easterly side of MacArthur Boulevard, sidewalk repair and
construction of a site drainage structure.
Motion by Mavor Pro Tem Thomson to approve the Consent Calendar,
except for those items removed (10 and 16), and noting Council Members
Ridgeway and Adams' abstention on Item 1 (for the approval of the
November 23,1998 minutes only).
Without objection, the motion carried by acclamation.
ITEMS REMOVED FROM THE CONSENT CALENDAR
16. PUBLIC SIGNAGE PROGRAM FOR BALBOA PENINSULA.
Council Member Adams stated his support for public signs throughout the
City, but expressed his concern that the signs proposed for the Peninsula are
introducing yet another different type of sign. He noted the staff report
which mentions three sign programs on the Peninsula, as well as the
different signs used throughout the City. He stated that the various signs
have different letter types, different colors and lack consistency in
appearance.
Council Member Adams stated that he feels there is a need for City -wide
directional signs. He thinks the City should be looking at City -wide signage
treatment and not just a new program with a unique sign type for the
Peninsula. In addition, he also stated he does not care for the design of the
new signs being proposed for the Peninsula.
Council Member Adams suggested that, if the City Council wants to approve
the signs being proposed for the Peninsula, that a prototype of the sign first
be constructed. He feels this will give the City Council an opportunity to see
the sign before full implementation and will also allow the fabricator of the
sign to identify any problems in design. Council Member Adams, however,
would prefer that the signs City -wide first be studied.
Council Member Ridgeway stated that his District is dearly in need of signs,
adding that it is especially critical for the commercial and tourist areas to be
adequately signed. Council Member Ridgeway went on to describe the signs,
as presented in the staff report.
Assistant City Manager Wood confirmed for Council Member Ridgeway that
Volume 52 - Page 243
INDEX
Sale of
Property/
Seashore Dr.
(73)
BA -029
Settlement
Agreement —
Farah
(40)
Signage Prog./
Balboa Peninsula
(68)
City of Newport Beach
City Council Minutes
December 14, 1998
no signs have been ordered yet, either temporary or prototype,
Council action.
Council Member Ridgeway stated that Balboa Village, McFadden Wharf,
Cannery Village, Lido Marina Village and the peninsula, as a whole, are
unidentified at this time. He agrees with Council Member Adams that a
City -wide uniform sign criteria is needed, but he said the Peninsula needs
the signs now to direct traffic and identify the commercial villages.
Motion by Council Member Ridgeway to approve the construction of one
prototype sign, both the pole and the signboard itself, using the "Balboa
Village" wording and the Balboa Village icon.
Council Member Adams expressed his discomfort with bringing new signs
into the City with such a variety already.
Council Member Noyes confirmed with Assistant City Manager Wood that
these signs were not reviewed by the Arts Commission, but were reviewed at
a public meeting and by the Merchants Association in Balboa Village.
The motion carried by the following roll call vote
Ayes:
Glover, Thomson, Debay, Noyes, Ridgeway, Mayor O'Neil
Noes:
Adams
Absent:
None
Abstain:
None
10. SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE (C- 3212).
Council Member Ridgeway confirmed with Public Works Director Webb that
the action before the City Council tonight was to approve the retrofitting of
the bridge and not to approve any new additional walkways.
Motion by Council Member Ridgeway to approve plans and
specifications for bridge seismic retrofit; award Contract No. 3212 to Traylor
Bros., Inc., for the total base bid plus additive bid item in the amount of
$2,388,697.15 and authorize the Mayor and City Clerk to execute the
contract; authorize a $230,000 construction reserve amount to pay for any
unforeseen work; approve an amendment to the City's existing construction
management agreement with Dokken Engineering, and authorize the Mayor
and City Clerk to execute the amendment; approve a Budget Amendment
(BA -031) to appropriate funds from additional Contributions Fund revenue
to Account No. 7251- C5100067 in the amount of $1,465,550; and direct staff
to prepare designs, plans and specifications and obtain permits for
pedestrian walkways to be added to both sides of the bridge and approve a
Budget Amendment (BA -031) transferring $30,000 from the General Fund
Account No. 7013- C5100019, Street, Alley & Parking Lot Striping, to
Account No. 7013- C5100067 to provide for this design.
Without objection, the motion carried by acclamation.
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I I NO)
�►:1
C -3212
C -2804
BA -031
Seismic Retrofit
of Balboa Island
Bridge
(38/40)
City of Newport Beach
City Council Minutes
December 14, 1998
PUBLIC COMMENTS
INDEX
Christine Morgan presented each of the City Council members with a binder
of information regarding the City's animal shelter. Ms. Morgan has learned
that the City's animal shelter is primarily a veterinarian and, secondly, a
shelter, and is not adequately providing for the animals. Ms. Morgan feels
that the City's animal shelter should be similar to the Mission Viejo facility
with a large volunteer base.
Mayor O'Neil stated his awareness of the issue and explained that since the
item was not on the current agenda, no action could be taken by the City
Council at the current meeting.
Council Member Noyes requested that the City Manager bring a report back
to the City Council regarding the City's current operation and how animal
control is handled. Acting City Manager Danner confirmed that Police Chief
McDonell is working on a response to the requests made by TAGS
(Tailwaggers Adoption Group Services of Newport), and that the response
would probably take at least thirty days.
Tina Seri explained that TAGS is in the process of becoming a non - profit
organization and has the desire to see a new pro -life animal shelter in
Newport Beach. Ms. Seri explained that the current animal shelter is only a
veterinary office that is allowing the City to use some of its cages for lost or
stray animals. She feels that animals need more to become adoptable, and
that Newport Beach needs a new facility and not just improvements to the
existing facility.
Greg Ruzicka, 1620 Kings Road, stated that he feels that Newport Beach
deserves an animal shelter in keeping with its reputation of excellence. His
law firm is working with TAGS to help it become incorporated and non-
profit. Mr. Ruzicka suggested that the City Council form a citizen's advisory
committee on the issue to make a more formal proposal.
Sharon Cody, 27472 Capricho, former Mayor of the City of Mission Viejo,
discussed the pro- humane shelter built in her City. She stated that the
shelter has a staff of nine full-time employees with a volunteer force of 100
people, who last year performed 30,000 hours of service. Of the 2,000
animals impounded last year, 95% were placed in homes. She stated that
the animals are cared for and prepared for adoption.
Kevin Ramsaur, 80 Shearwater Place, stated that he is originally from
Oregon, where he was a volunteer for an organization that helped stray
animals. Mr. Ramsaur said that animal lovers, in general, are a very helpful
group and that anything associated with animal rights will generate a lot of
public support. Mr. Ramsaur also offered his services as a web developer.
Julie Madison, Balboa Peninsula, briefly stated her support for TAGS and
expressed appreciation to the City Council for taking the time to listen to the
comments.
Molly Gulledge stated that she had only recently heard about TAGS, but
that she had already received many calls in support of the program.
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City of Newport Beach
City Council Minutes
December 14, 1998
Tom Erickson referred to the binder that had been presented to the City
Council earlier in the evening. He specifically went through the photo pages
to show the comparisons between the Mission Viejo facility and the Newport
Beach facility.
Pam Plotkin, 509 31st Street, stated that she would support the new center
as a volunteer. She expressed the current problem she has with stray cats at
her property.
Sandy Taylor requested that the item be placed on a future City Council
agenda.
Carol Wessley, 40 Balboa Coves, stated her opposition to the ordinance to
abandon the feeding of wild birds. Ms. Wessley was informed that the
introduction of the ordinance had already been approved during the Consent
Calendar, but would be before the City Council again on January 11, 1999,
for adoption.
Council Member Noyes confirmed with Acting City Manager Danner that
the Police Department is completing a full report on the issues brought up in
regards to the animal shelter. Council Member Noyes requested that the
report include the economics and logistics of the current operation.
Council Member Ridgeway further suggested that staff contact Mr. Ruzicka
to discuss the economics of a humane animal shelter.
Council Member Debay also suggested that information from Mission Viejo
be included in the packet, as well as the feasibility of working on a new
shelter jointly with area cities.
PUBLIC HEARINGS
27. BALBOA ISLAND BAYSIDE BUSINESS IMPROVEMENT DISTRICT
(FORMERLY MARINE AVENUE BUSINESS IMPROVEMENT
DISTRICT) RENEWAL AND EXPANSION FOR 1999 CALENDAR
YEAR.
Council Member Noyes excused himself from voting on the item due to a
conflict of interest.
Senior Planner Christy Teague reported that the City received a total of 47
protests, representing 29% of the assessment.
In response to Council Member Debay's inquiry about the process involved to
include Bayside and Bay Front in the Balboa Island Bayside Business
Improvement District (BID), Senior Planner Teague stated that a vote was
taken at a BID meeting to expand the boundaries and create an outreach
program. Senior Planner Teague referred the City Council to the President
of the BID for specifics on what the outreach program included.
Senior Planner Teague confirmed for Council Member Ridgeway that the
proposed new members of the BID have not paid any assessments yet, but if
the expansion were approved, they would be billed at the next billing cycle.
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•Ii�i17D/:1
Marine Avenue
BID (27)
City of Newport Beach
City Council Minutes
December 14, 1998
ufiTI7D7
Nemor Planner 'Teague could not confirm the percentage of protests from
each of the three areas (Marine Avenue, Bayside and Bay Front), but
thought they were fairly evenly dispersed. Council Member Ridgeway
requested that the numbers be provided.
Mayor O'Neil suggested that staff be given the opportunity to make the
calculations at the current meeting, possibly continuing the item to later in
the evening, if necessary.
Mayor Pro Tem Thomson inquired further about the process involved in
bringing the new areas into the BID. Senior Planner Teague stated that the
BID voted to include the new areas and then the areas received, by mail, the
resolution of intention and the two public notices.
Mayor O'Neil opened the public hearing.
Joe Raymond, operator of a business at 202 Marine Avenue, stated his
support for the continuation of the Balboa Island Bayside Business
Improvement District.
John Robinson stated his support for the BID and feels that Marine Avenue
has been greatly improved due to its formation. Mr. Robinson further stated
that few people realize the work involved in forming and sustaining a BID,
and he thanked the City Council and the City staff for their part in making
the BID so successful.
Mr. Robinson responded to Council Member Adams' question about the
outreach that was done by stating that the new businesses were invited to
the meeting, some were spoken to personally and all received letters.
Council Member Adams suggested that more businesses may have supported
the BID if they had been personally contacted.
Jack Callahan stated that two things occurred at the same time, the Board
voted on the expansion while feedback was being received from businesses in
the expansion area. Mr. Callahan stated that the outreach program is now
occurring, and that the interest to include them is out there. Mr. Callahan
believes that those that don't support the BID often don't know what it really
does.
Mr. Callahan responded to Council Member Debay's question regarding the
range that businesses pay to belong to the BID, by stating that it is between
$25 and $300, or $400, annually. The fee is based, in part, on the benefit
received.
Nancy Kelly, president of the Balboa Island Bayside BID, stated that the
reason the BID was considered for expansion was because the outside areas
asked to be a part of it. She stated that businesses on Agate Avenue were
the fast to approach the current BID members. Ms. Kelly stated that the
Board decided that the expansion made sense since the two key connection
points to the Island are Bayside and Bay Front. She stated that they all
impact each other. Ms. Kelly also assured the City Council that the outreach
program will continue, and has been ongoing since September.
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City of Newport Beach
City Council Minutes
December 14, 1998
Uouncil Member Ridgeway asked Ms. Belly about the number of businesses
in each of the three areas. She responded that, in round numbers, there are
85 businesses on Marine Avenue, 30 on Agate /South Bay Front and 65 on
Bayside, for a total of 180 businesses.
Ms. Kelly confirmed for Council Member Ridgeway that she was aware that
the shopping center on Bayside already belonged to a merchants association,
but that one of the main goals of the BID for the upcoming year was to deal
with the parking problem in the area. She indicated that many of the
visitors of Balboa Island park in the shopping center's lot. Ms. Kelly further
pointed out that the Balboa Island bridge retrofit project will impact both the
Island and the Bayside/Marine Avenue intersection.
Ms. Kelly referred Council Member Ridgeway to Senior Planner Teague
regarding the notification to The Irvine Company.
There being no further public testimony, Mayor O'Neil closed the public
hearing.
Mayor O'Neil reminded the City Council of the computations requested at
the beginning of the meeting. Council Member Ridgeway stated that he
quickly totaled the number in opposition in the Bay Front area to be 14, and
with only 30 businesses in the area, this represents nearly 50 %.
Council Member Ridgeway stated that he is in full support of the BID for
Marine Avenue, but that he is concerned about the process used to include
the Agate, Bay Front and Bayside areas.
Motion by Mayor Pro Tem Thomson to adopt Resolution No. 98 -81
renewing the Business Improvement District, confirming the Annual Report
and levying the BID assessment for calendar year 1999.
Council Member Adams asked if the BID could bring the new areas in mid-
year, if they chose to. Assistant City Attorney Clauson stated that there are
provisions in the BID laws that provide for changes during the year.
Council Member Adams asked about the metered parking on Bayside that
was mentioned in the staff report. Senior Planner Teague answered that the
BID has been working with the City on possibly having metered parking on
one side of the street.
Council Member Ridgeway reiterated that he is not opposed to including the
new areas in the BID, but that with the information before him, he has
difficulty voting for their inclusion at this meeting. He mentioned the letters
of protests and the lack of information on how the new areas had been
outreached.
Assistant City Attorney Clauson stated that due process has been followed.
Mayor O'Neil stated that the City Council seems to be concerned about the
lack of involvement the new areas had in the process, even though the
technical notices may have been sent.
Senior Planner Teague stated that in the Agate/Bay Front area there were
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City of Newport Beach
City Council Minutes
December 14, 1998
13 verified protests out of 36 businesses, in the Bayside area there were 12
protests out of 38 businesses and in the Marine Avenue area there were 22
protests out of 88 businesses.
Assistant City Manager Wood stated the changes to the resolution would
need to be made if the motion carries. She mentioned that the title would
need to read: "A resolution of the City Council of the City of Newport Beach
renewing the Marine Avenue Business Improvement District, confirming the
annual report and levying the assessments at a modified rate for the 1999
calendar year ".
Assistant City Manager Wood suggested that the first three recitals would
not need to be changed, but that a new recital should be added to state:
"whereas the City Council has determined that the boundaries should not be
expanded at this time ", and the words "and expanded" should be removed
from the fourth recital. She stated that the fifth and sixth recital should be
deleted.
Assistant City Manager Wood stated that Section 1 should have the words
"and expansion" deleted, and that throughout the resolution the BID should
be renamed the Marine Avenue BID. She stated that Sections 3 and 4
should also be deleted.
Mayor Pro Tem Thomson accepted the changes to the resolution in his
motion.
The motion carried by the following roll call vote
Ayes:
Glover, Thomson, Debay, Adams, Ridgeway, Mayor O'Neil
Noes:
None
Absent:
None
Abstain:
Noyes
28. NEWPORT BEACH RESTAURANT IMPROVEMENT DISTRICT
ANNUAL RENEWAL.
Mayor O'Neil opened the public hearing.
There being no public testimony, Mayor O'Neil closed the public hearing
Council Member Ridgeway asked who the President of the BID was, and
Senior Planner Teague responded that it was David Salisbury of the
Newport Landing Restaurant.
Motion by Council Member Glover to adopt Resolution No. 98 -82,
renewing the Newport Beach Restaurant Improvement District confirming
the Annual Report and levying the BID assessment for calendar year 1999.
Without objection, the motion carried by acclamation
29. PUBLIC HEARING ON THE APPLICATION OF IMH/ICH DOVE
STREET (APPLICANT) FOR GENERAL PLAN AMENDMENT NO. 98-
l(B), PC AMENDMENT NO. 877, TRAFFIC STUDY NO. 117 AND
Volume 52 - Page 249
INDEX
Res 98 -82
Newport Beach
Restaurant
BID (27)
Ord 98 -28
Res 98 -83
GPA 98 -1(B)/
City of Newport Beach
City Council Minutes
December 14, 1998
MODIFICATION NO. 4731 [1401 DOVE STREET] — A REQUEST TO
PERMIT THE CONSTRUCTION OF A TWO -STORY 26,122 SQUARE
FOOT COMMERCIAL OFFICE BUILDING BUILT OVER A
PARTIALLY SUBTERRANEAN PARKING LOT. THE PROJECT
INVOLVES THE APPROVAL OF: A) A GENERAL PLAN AMENDMENT
AND PC AMENDMENT TO INCREASE THE SQUARE FOOTAGE
ENTITLEMENT IN BLOCK E OF NEWPORT PLACE PLANNED
COMMUNITY; B) A MODIFICATION TO PERMIT REDUCTION OF
THE PARKING REQUIREMENT RATIO FROM 1 SPACE FOR EACH
225 SQUARE FEET TO 1 SPACE FOR EACH 250 SQUARE FEET OF
NET FLOOR AREA; AND C) A TRAFFIC STUDY.
Assistant City Manager Wood stated that this item would provide for an
amendment to the general plan that would increase the amount of
entitlement to this block by approximately 26,000 square feet. She stated
that the Planning Commission has recommended approval. Assistant City
Manager Wood pointed out that the
parking space for each 231 square fee
square feet as stated in the staff report,
Planning Commission approved one
t of net floor area, not for each 250
Council Member Debay commented that she was pleased to see the shifts in
employee work hours so that their commutes didn't fall during the peak
travel periods.
Mayor O'Neil opened the public hearing.
Craig Cooper, representative of the Impact Company, stated that his
company is trying to consolidate their business from three locations to one
site. He also added that in addition to the shift in work hours, the company
has an active rideshare program.
Assistant City Manager Wood responded to Council Member Ridgeway's
question about the improvement that will take place at MacArthur Blvd. and
Jamboree Road by stating that a free right turn lane will be added from
northbound MacArthur to northbound Jamboree. Public Works Director
Webb stated that the details of the improvements will be worked out at a
later date.
Council Member Ridgeway again requested that the entire circulation plan
in the Bristol area be reviewed in light of potential future development.
Council Member Ridgeway stated that substantial fairshare fees will be
needed to make the required levels of improvements in the area.
There being no further public testimony, Mayor O'Neil closed the public
hearing.
Motion by Council Member Glover to adopt Resolution No. 98 -83
approving General Plan Amendment 98 -1(B); introduce Ordinance No. 98 -28,
an amendment to the Newport Place Planned Community, and pass to second
reading on January 11, 1999; and sustain the action of the Planning
Commission and approve the applications related to the General Plan and
Zoning Amendments, subject to the findings, mitigation measures and
conditions as modified by the Planning Commission: 1) the acceptance of a
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INDEX
Newport Place
Planned
Community
(45)
City of Newport Beach
City Council Minutes
December 14, 1998
Negative Declaration; 2) Modification No. 4731; and 3) Traffic Study No. 117.
Council Member Adams stated that he felt this particular project is not
guilty, but that what they're doing is something a developer could do to
expand their property beyond the entitlements of the Traffic Phasing
Ordinance (TPO), without tripping the TPO. Council Member Adams stated
that this issue was discussed in the TPO committee, but not addressed. He
added that he agrees with Council Member Ridgeway that the larger issue of
traffic in the area needs to be considered.
Council Member Ridgeway confirmed with Assistant City Manager Wood
that a business still has to pay mitigation fees even when the TPO is not
tripped.
City Attorney Burnham responded to Council Member Glover's question
about the problem presented by Council Member Adams by stating that the
accumulation of all the projects in a twelve -month period are looked at.
Mayor O'Neil suggested that when the TPO is looked at again, maybe the
accumulation length reported should be increased.
Council Member Glover asked to meet with City Attorney Burnham
regarding the concept.
Mayor Pro Tem Thomson feels that the issue does need to be addressed and
that too many projects are being considered.
Without objection, the motion carried by acclamation.
30. RESOLUTION NO. 98 -84 ORDERING THE VACATION AND
ABANDONMENT OF PORTIONS OF UNUSED RIGHT -OF -WAY
ALONG THE EASTERLY SIDE OF JAMBOREE ROAD AND THE
NORTHERLY SIDE OF FORD ROAD ADJACENT TO THE
FORD/LORAL DEVELOPMENT.
Council Member Adams confirmed with Public Works Director Webb that
the developer is doing the roadway work for the median closure and the
sidewalk and curb and gutter extension.
Mayor O'Neil opened the public hearing.
There being no public testimony, Mayor O'Neil closed the public hearing.
Motion by Council Member Glover to adopt Resolution No. 98 -84 ordering
the vacation and abandonment of portions of unused right -of -way along the
easterly side of Jamboree Road and the northerly side of Ford Road adjacent to
the Ford/Loral development; and direct the City Clerk to have the resolution
recorded by the Orange County Recorder.
Without objection, the motion carried by acclamation.
31. PUBLIC HEARING ON THE FY 1999 -2000 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION AND
REVIEW OF 1997 -98 ANNUAL PERFORMANCE REPORT.
Volume 52 - Page 251
INDEX
Res 98 -84
Vacation and
Abandonment/
Right -of -way/
Jamboree Rd./
Ford Road
(90)
CDBG
Application/
Performance
City of Newport Beach
City Council Minutes
December 14, 1998
Council Member Adams stated that he will be abstaining from voting on the
item if the preparation of the FY 1999 -2000 application involves the funding
of the mixmaster contract. Assistant City Manager Wood confirmed for
Council Member Ridgeway that the consulting contract will be paid for from
the CDBG fund.
Assistant City Manager Wood confirmed that the City Council is looking at
the performance report for 1997 -98 and the application for 1999 -2000 only,
and that the current year is not being discussed at this time.
Council Member Glover stated that the money for Newport Elementary
came out of the General Fund, but that it could have qualified for CDBG
funding. She mentioned the correspondence from Newport Heights
Elementary School, requesting funding, and asked that this be studied to see
if the requests qualify for CDBG funding.
Assistant City Manager Wood stated that she has started to investigate if
Newport Heights Elementary School would qualify. She will also look at the
boundaries of the school, since it includes portions of Costa Mesa. She
confirmed for Council Member Glover that she will also attempt to use the
exception criteria, and will check with the Housing & Urban Development
(HUD) to see if this is possible.
Council Member Ridgeway asked how the Peninsula qualifies by area
benefit. Assistant City Manager Wood answered that the usual criteria in
the HUD regulations is that 51% of the population must be of lower or
moderate income, and that since Newport Beach does not have areas that
meet this criteria, the City is allowed to use the exception criteria which
drops the percentage to 29.
Council Member Ridgeway stated that he felt it was time for the school
district to float a bond.
Mayor O'Neil opened the public hearing.
Wendy Thompson, 441 El Modena, stated that she works with Project
Playground, a project to replace the existing playground equipment.
Ms. Thompson requested that the City allocate $30,000, or more, from next
year's CDBG budget to Newport Heights Elementary School for
improvements to the school site. She said they will target items that provide
benefit to the students, and also the neighborhood and surrounding
properties.
Iry Dawson, 378 Lapearl Place, Costa Mesa, requested that if money is
available through the CDBG fund, that a portion of it be allocated to
Newport Heights Elementary School He would appreciate seeing
improvements to the school and the surrounding area.
Council Member Debay suggested that Mr. Dawson might also want to go to
the Costa Mesa City Council with the same request.
Council Member Ridgeway mentioned the success of fund raising, citing the
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`"ID �
Report
City of Newport Beach
City Council Minutes
December 14, 1998
private foundation at Newport Elementary as an example, and offering
Mr. Dawson the assistance of the foundation. Council Member Ridgeway
also suggested that Mr. Dawson go to the Newport/Mesa Unified School
District to request that they seek a bond issue. Council Member Ridgeway
lastly stated that the improvements to Newport Elementary were done in
areas of public right -of way, while the improvements at Newport Heights
Elementary are sought for on -site areas.
There being no further public testimony, Mayor O'Neil closed the public
hearing.
Motion by Council Member Ridgeway to direct staff to prepare the draft
FY 1999 -2000 CDBG application for City Council review and approval at a
public hearing tentatively scheduled for March 22, 1999.
The motion carried by the following roll call vote
Ayes:
Glover, Thomson, Debay, Noyes, Ridgeway, Mayor O'Neil
Noes:
None
Absent:
None
Abstain:
Adams
32. RECOMMENDATION FROM THE PLANNING COMMISSION TO
FORM A STUDY GROUP TO REVIEW RESIDENTIAL
DEVELOPMENT STANDARDS IN CORONA DEL MAR.
Motion by Mavor O'Neil to approve the Planning Commission's
recommendation and designate Mayor O'Neil as the Council representative
for the group.
Without objection, the motion carried by acclamation.
33. TIDELANDS ADMINISTRATION ISSUES.
Mayor O'Neil introduced the item, and stated that he agrees there is a need
to re- examine how the City administers its tidelands areas, how permits are
issued to the commercial areas on an annual basis, what the status of the
leases are, how compliance is enforced on the permits that are issued,
whether further lease agreements should be entered into and whether
appraisals should be done.
Council Member Glover suggested that another bullet be added under Goals
of this Review, page 11 of the staff report, to state "fair and considerate cost ".
She also stated that she would like to see some criteria set for the long term
tideland leases before they are brought to the City Council. Lastly, she
stated that she does not want to see the residential pier fees increased or a
new tidelands administrator position added.
Council Member Ridgeway requested a report on the specific revenue
received from Lido Marina Village. He said that when he has been at the
site, he has counted about 100 boats at the marina, and feels there is a
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PRO$)�
Residential
Development
Standardsin
Corona del Mar
(68)
Tidelands (51)
City of Newport Beach
City Council Minutes
December 14, 1998
discrepancy on the actual number of boats and the number of boats that
have been approved.
Mayor Pro Tem Thomson requested that a map of the various tidelands
areas be included in the staff report when then comes back to the City
Council.
Council Member Ridgeway requested that a better report on the Girl Scout
House be provided to the City Council at a future Study Session. Mayor
O'Neil reminded Council Member Ridgeway that this item was not
agendized for this meeting and would need to be brought up at another time.
Motion by Mayor O'Neil to receive and file the report; and set January 25,
1999 as the date for a City Council Study Session on this matter.
Without objection, the motion carried by acclamation.
34. TIDELANDS TRUST AND SENATE BILL 573.
Mayor O'Neil briefly summarized the staff report. City Attorney Burnham
stated that the City would retain title to the properties, but they would be
determined to be trust assets and the revenue from the trust assets would be
required to be placed in the tidelands fund.
Council Member Adams asked if the list of properties is subject to approval
by the State Lands Commission. City Attorney Burnham confirmed that
this was true, and that the State Lands Commission has indicated that the
City has made a good first effort, but commitment has not been made as to
the list and its compliance with SB 573 issues.
City Attorney Burnham responded to Council Member Ridgeway's question
by providing some of the history of the tidelands events and the Beacon Bay
Bill of 1978. City Attorney Burnham stated that SB 573 modifies the Beacon
Bay Bill to, in part, require the City to show that the trust assets are of
equal utility to Beacon Bay.
Council Member Ridgeway confirmed with City Attorney Burnham that the
Beacon Bay Bill allowed residential use in Beacon Bay. Council Member
Ridgeway suggested that properties not be transferred to the tidelands
commission until a determination is made on Marina Park. He stated that if
Marina Park is determined to be tidelands, then he would like residential to
be allowed there also.
City Attorney Burnham stated that the City has a deadline of December 31,
1998, to submit the list of properties to the State Lands Commission. He
believes that deferral of any City property to the trust would violate the
spirit of SB 573.
Assistant to the City Manager Kiff stated that Curtis Fossom, legal advisor
to the Commission, feels that the City's list is a good first effort and he
appreciated the City acting on this prior to the deadline. Mr. Fossom would
probably ask for an extension after the list was submitted and the
negotiation process begun.
Volume 52 - Page 254
INDEX
Res 98 -85
Tidelands Trust/
SB 573
(48/51)
City of Newport Beach
City Council Minutes
December 14, 1998
Council Member Ridgeway confirmed with City Attorney Burnham that the
Commission makes the decision as to if the property is of equal utility. City
Attorney Burnham feels that if the list is submitted, with reference to
Marina Park, it would suggest that the list is not a good faith effort and
extension may not be offered.
Council Member Ridgeway stated that he is not asking for Marina Park to be
added now, only that an extension is asked for.
Council Member Debay asked if mobile homes are considered to be
permanent residential use. City Attorney Burnham stated that the
Commission would have the opinion that mobile homes are essentially the
same as single - family dwellings.
City Attorney Burnham feels that negotiations would be more difficult with
other legislation. He feels the City is acting in good faith and will be in a
better position later to go back to the Commission.
Council Member Adams confirmed with City Attorney Burnham that any
negotiations that alter the list or change the resolution would come back to
the City Council.
Motion by Council Member Glover to adopt Resolution No. 98 -85
transferring, conveying, and quitclaiming 11 properties, parcels and/or
waterways to the City itself in its capacity as Trustee of the Tidelands Trust.
Without objection, the motion carried by acclamation
MOTION FOR RECONSIDERATION - None
ADJOURNMENT - The meeting was adjourned at 9:20 p.m. to Monday,
January 11, 1999, at 3:00 p.m.
+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++
The agenda for the Regular Meeting was posted on December 9, 1998, at
2:20 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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INDEX