HomeMy WebLinkAbout01 - MinutesCity Council Meeting
June 27, 2000
Item #1
CITY OF NEWPORT BEACH
City Council Minutes WAS
Study Session i�A
June 13, 2000 -3:30 p.m. INDEX
ROLL CALL
Present: Adams, Debay, Ridgeway, Glover, Thomson, Mayor Noyes
Absent: O'Neil (excused)
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Referring to Item #4, FY 2000 -2001 Combined Transportation Funding
Program Application, Mayor Pro Tem Adams stated that he was contacted
by Barry Eaton of the Eastbluff Homeowners Association asking why
Jamboree Road would need to be widened to eight lanes at Bison Avenue.
Mayor Pro Adams requested that an explanation be presented at the evening
meeting. Public Works Director Webb stated that the widening was listed in
the 1988 Circulation Element as a needed improvement. He added that the
application will include a seven -year plan for the project, with a fund request
for design in three years and right -of -way acquisition in four to five years,
with construction not starting for six or seven years.
Mayor Pro Tem Adams wondered if the project needed to be done at all and
asked where the right -of -way would come from. He stated that the homes on
the west side of Jamboree Road are already at the property line. Public
Works Director Webb stated that the right -of -way would come from the other
side of the road, not the Eastbluff side. Mayor Pro Tem Adams stated his
concern that the Bison Avenue widening would be done before additional
lanes would be added at University Drive. Public Works Director Webb
stated that University Drive would be done, but the process to apply for
funds has already begun for Ford Road, and will be followed by Bison
Avenue and University Drive.
In response to Mayor Pro Tem Adams' question, Public Works Director Webb
stated that each project would come before the City Council several times.
Council Member Debay stated that she would be discussing the Balboa Bay
Club situation with the City Attorney in regards to their submission of
drawings and the current litigation.
Mayor Pro Tem Adams confirmed with City Manager Bludau that the action
before the City Council for Item #19, Proposed Cultural Arts Center, was to
approve the recommendation of the Arts & Education Center Ad Hoc
Committee. Mayor Pro Tem Adams referred to the staff report and the list
of approvals that would be necessary if the area to the north of the library
were to be used for an Arts & Education Center. He asked for specific
information about the parties involved and the procedure that would need to
be followed for an amendment to the Circulation Improvement and Open
Space Agreement (CIOSA). City Attorney Burnham stated that the parties
Volume 53 - Page 387
City of Newport Beach
Study Session Minutes
June 13, 2000
2.
are The Irvine Company and the City of Newport Beach. He stated that an
amendment may not be required, but The Irvine Company would have to
consent to a different use of the area.
Mayor Noyes referenced Item #14, Balboa Peninsula Gateway Park, Lido
Parkway Park and Sound Wall Landscape Improvements - Completion and
Acceptance. He asked if the signage at Gateway Park would be improved.
City Manager Bludau confirmed with Public Works Director Webb that the
City is waiting for a sign contractor to provide a proposal to revise the
lettering. Public Works Director Webb added that the contractor was not
paid for that bid item, but that the new signage will cost significantly more.
Administrative Services Director Danner introduced Ken Al -Iman, a partner
with Conrad and Associates, the audit partner being recommended in
Item #17, Financial Audit and Single Audit Services for Fiscal Years 2000,
2001 and 2002. Mr. Al -Iman stated that he has been auditing cities for
almost twenty years and that Conrad and Associates currently serves over
thirty cities throughout Southern California. Mr. Al -Iman stated that he
will be working for the City Council and that he's looking forward to serving
Newport Beach and insuring that the quality of the audits conform to the
City's standards. He added that the firm's audit approach is hallmarked by
providing accounting advice and consultation.
DISCUSSION OF AIRPORT AREA PLANNING OPTIONS.
City Manager Bludau stated that since there are two large projects being
proposed in the airport area, staff felt that it would be a good idea to have a
philosophical discussion about what should be required of the projects and
how the traffic circulation planning in the airport area should take place. He
added that the development agreement for the Conexant project would be
coming before the City Council after the Planning Commission makes their
recommendation.
Ed Selich, Chairman of the Planning Commission and the Economic
Development Committee (EDC), stated that he and Commissioner Tucker
were asked to participate in the negotiation process for the Conexant project
development agreement. He stated that the Planning Commission has been
concerned about the impacts of new development and entitlements in the
airport area on the circulation system and the existing properties. He added
that, over time, there has been an imbalance in the land use allocations in
the airport area and the ability of the circulation system to accommodate
additional development.
Mr. Selich stated that the EDC has been studying the airport area over the
last few years. He added that the City budget also includes an allocation to
initiate a specific plan study and an overall study for the general plan, as
well as the circulation plan for the airport area. He stated that the EDC and
the property owners in the airport area support these studies. Mr. Selich
stated that a key component of any significant development taking place in
the airport area is to upgrade the circulation system. He stated that many
deficiencies have been identified and a plan needs to be developed, but until
this is done, some type of mitigation fee must be received from any new
projects to contribute towards future improvements. He stated that the
Volume 53 - Page 388
INDEX
Airport Area
Planning Options
(68)
City of Newport Beach
Study Session Minutes
June 13, 2000
INDEX
mitigation fees need to be a part of the negotiated development agreements.
Council Member Ridgeway stated that the negotiation process for the
Conexant project development agreement has included himself, Mayor Pro
Tern Adams, Mr. Selich and Mr. Tucker. He stated that he has long felt that
a major plan in the airport area needed to be done and that regional traffic is
being constricted. He added, however, that no money is being collected from
new developments and that they continue to impact the City's intersections.
He stated that having no planned program in place to mitigate the regional
traffic problem in the airport area has been a problem in the negotiation
process with Conexant.
Council Member Ridgeway stated that the proposed Ad Hoc Committee,
currently consisting of the members involved in the negotiation process, met
with Public Works Director Webb and Transportation/Development Services
Manager Edmonston and requested that a grade separation be prepared at
Jamboree Road and MacArthur Boulevard. Council Member Ridgeway
stated that the intersection is adequate for current needs, but that such a
grade separation might be needed in the future and would cost
approximately $15 to $20 million. He said other regional improvements in
the area are also possibly needed, but nothing is in place and other new
projects are being considered, in addition to the Conexant and Koll Center
Newport development proposals. Council Member Ridgeway stated that, for
this reason, the Committee is imposing a thoroughfare and roadway
improvement fee on Conexant. He stated that the fee is consistent with the
fees required by the cities of Irvine and Lake Forest for traffic mitigation.
Council Member Ridgeway stated that the Committee determined that they
would continue to move forward with a development agreement even
without a planned capital improvement program in place, because anything
can be negotiated in the development agreement. He added that the
negotiations have included fair share fees, traffic phasing ordinance fees,
and $.45 per square foot for planning for the general plan and circulation
element in the airport area. He stated, however, that traffic mitigation
involves a policy decision and that is what is being asked of the City Council
at the current meeting. He stated that the Committee is considering $10 per
buildable square foot to be collectible in the future for major regional traffic
mitigation in the airport area. Council Member Ridgeway stated that the
Newport Place area has the biggest potential for development, and The
Irvine Company also has plans for more development. He urged the City
Council to allow the Committee to move forward with the negotiation process
and the mitigation fee being considered.
Mayor Noyes confirmed with Council Member Ridgeway that the fees may
put Newport Beach slightly below the fees collected by the City of Irvine, but
that would be without considering the fair share and traffic phasing
ordinance fees. City Attorney Burnham confirmed that the newest version
of the development agreement does not include fair share credit against the
$10 fee being imposed.
Council Member Ridgeway stated that it appears that an agreement with
Conexant has been reached. He added that it puts the pressure on the City
to begin a general plan amendment and circulation element for north of
Bristol Street. He stated that The Irvine Company will continue to build and
Volume 53 - Page 389
City of Newport Beach
Study Session Minutes
June 13, 2000
INDEX
the money will be lost if the City does not act
the money is being included in the agreement.
a built -in forfeiture of
Mayor Pro Tem Adams stated that the City Council's consideration of the
Conexant project should be separate from the long -range decisions for the
airport area. He stated that Conexant is an established company in the City
and they need more room. He stated that the City can, and should,
accommodate their request. He added, however, that the issue of
intensification of the airport area is a major planing issue, which needs to be
addressed. He stated his hope that the Ad Hoc General Plan Update
Committee will begin the process soon. Mayor Pro Tem Adams stated that
he has no predetermined vision for the area, but he'd like to insure that any
entitlements for Conexant, Kell Center Newport and any other new projects
will not cause problems down the road.
Mayor Pro Tem Adams stated that he has not looked at the traffic issues in
detail but from general observation, it appears that there are some
fundamental problems with the roadway network as it relates to the 73
Freeway. He stated that the freeway ramp system and access are far from
ideal and far from adequate to handle a major business center. He
suggested that some very creative and talented minds need to be involved in
the long -range planning efforts and that consideration must be given for
reasonable distribution of traffic and good freeway access. He stated that
the system may be inherently flawed, but hopefully the process will generate
some new ideas, some creative thinking and some good solid planning for the
airport area.
Council Member Ridgeway stated that, for the reasons outlined by Mayor
Pro Tem Adams, the Committee is requesting that all applicants applying for
an increase in square feet contribute $.45 per square foot for planning for the
general plan and circulation element in the airport area. He agreed that
talent is needed and the fees should allow the City to pay for consultants
that can begin working on the process. He reminded the City Council that
the Irvine Business Center (IBC) in the airport area has a zero population
during the night and 100,000 employees during the day. Lastly, Council
Member Ridgeway agreed that the Conexant project should be looked at
separately, but that it does provide an opportunity to make progress on long -
range improvements.
Council Member Glover suggested that the formation of the proposed
Committee be agendized for the next City Council meeting. She added that
policies and direction for the Committee should also be decided on. She
stated that all development agreements should be fair and have parity. She
also wanted the rental car situation to be looked to see if the City could
receive some type of economic benefit from the land being used for the
parking of the rental cars. She feels that there are few revenue - generating
businesses associated with the airport and the airport area, in general, is
underutilized. Council Member Glover concluded by stating that policies
should be developed that can be used in all development agreements so that
applicants feel as though they've been treated fairly.
Council Member Debay asked about the Transportation Corridor Agency
(TCA) and its zone, or from where it could collect development fees.
Volume 53 - Page 390
City of Newport Beach
Study Session Minutes
June 13, 2000
INDEX
Council Member Ridgeway responded by stating that the TCA area includes
all of the airport area.
Council Member Debay suggested that possibly the TCA could assist with
some of the needed improvements to the 73 Freeway on -ramps and off -
ramps.
Council Member Ridgeway added that the TCA pays specifically for the
County's share of the transportation corridors. He stated that any fee has to
be specific, and that's the problem Newport Beach is facing since there is no
specific plan in place for the airport area. He added, however, that any fee
can be negotiated in a development agreement. He stated that fairness has
be considered throughout the negotiation process with Conexant.
Evelyn Hart agreed with the direction that the City Council seemed to be
going in regards to obtaining more information. She asked that Irvine
Avenue also be remembered in the process, as well as any traffic that might
be generated through the residential areas.
Council Member Ridgeway agreed that improvements done north of Bristol
Street have to be designed correctly to keep the traffic off the residential
streets. He stated that the regional traffic needs to be prevented from
migrating down into the residential community. Council Member Ridgeway
cited the Santiago Avenue issue as an example.
Robert Hawkins, Chairman of the Environmental Quality Affairs Citizens
Advisory Committee (EQAC), stated that EQAC had not met yet regarding
the airport area planning issues, but he felt that EQAC would support the
efforts of the proposed Committee. He stated that he would report back to
the City Council after EQAC had made a recommendation.
Barry Eaton, Vice Chairman of EQAC, stated that although EQAC has not
considered the specific development agreement issues, they have come close
to voting on Conexant. Mr. Eaton read from EQAC minutes, where a
unanimous vote that supported all projects in the area, including Conexant
and Koll Center Newport, to share in the possible grade separation at
Jamboree Road and MacArthur Boulevard and other mitigation measures in
the airport area.
Council Member Ridgeway concluded the discussion by asking the City
Council to allow the proposed Committee to move forward on the concept,
knowing the implication affects policy.
Mayor Pro Tem Adams agreed and stated that the proposed Committee
wanted to make sure they were moving on the right track before proceeding
further.
Council Member Thomson stated his appreciation for receiving the report
and requested that the City Council be kept fully informed as the process
moves forward.
Mayor Pro Tem Adams stated that the negotiations are preliminary, and will
Volume 53 - Page 391
City of Newport Beach
Study Session Minutes
June 13, 2000
3.
Only provide a recommendation for the City Council to review when the
development comes before them. He stated that Conexant, staff and the
proposed Committee know that they are only narrowing in oil something
that might have support by the community and the City Council.
City Manager Bludau stated that having input from City Council members
on the initial development agreement is beneficial, but doesn't mean that the
City Council is committed to supporting the project or the development
agreement. He stated that he is comfortable with the process and knows
that although the development agreement will have the support of some of
the City Council members, the full City Council may require renegotiations.
FISCAL YEAR 2000 -2001 DEPARTMENTAL BUDGET REVIEW.
City Manager Bludau stated that at the current meeting, it is planned to
continue the review of the Budget Detail and then begin the review of the
Capital Improvement Program (CIP). He added that a public hearing is
scheduled for the evening meeting and that the City Council is scheduled to
adopt the budget at its meeting of June 27, 2000. He suggested that the City
Council have their "wish list" completed before the end of the current
meeting.
General Services Director Niederhaus stated that the General Services
Department is comprised of nine divisions, with the vehicle replacement
fund being an unmanned division. He added that two of the nine divisions
are a part of the internal service fund. He stated that the overall budget for
the department for the 2000 -2001 fiscal year will be 1.4% lower that the
previous fiscal year. He stated that the general fund side will increase 3 %.
General Services Director Niederhaus stated that there are numerous small
changes for the department due to reorganization and they are all dedicated
to improving efficiency, including some privatization of positions in the
Parks Division. He stated that the proposed budget will eliminate the
department's two part -time positions, by changing to contract restroom
cleaning on the weekends. He stated that three full -time positions are also
being eliminated, which will bring the department total to 118 full -time
employees.
General Services Director Niederhaus stated that two equipment mechanics,
along with the maintenance and operations (M & O) funds to carry out their
functions, will be transferred to the control of the Police Department. He
stated that General Services will retain the replacement portion of the Police
fleet, as is done for all of the departments. General Services Director
Niederhaus stated that one building maintenance worker, along with a
vehicle and appropriate M & O funds, will be transferred to the Community
Services Department.
General Services Director Niederhaus stated that three vacant
groundworker positions will be privatized. He stated that these positions
have been held vacant during the current fiscal year by the use of contract
work. General Services Director Niederhaus stated that a recycling
coordinator /refuse inspector position will be added to assist the City in
reaching the State's requirement to recycle a minimum of 50% of its refuse.
Volume 53 - Page 392
INDEX
2000 -2001
Departmental
Budget
Review
(40)
City of Newport Beach
Study Session Minutes
June 13, 2000
INDEX
He stated that the final change to report is that an equipment operator
position will be added to bring the storm drain and tidal valve crew to full
strength.
General Services Director Niederhaus stated that the General Services
budget includes eleven goals, which basically embrace more efficiency, more
privatization, more contract work and dedication towards facility
management. He added that some items from their supplemental budget
were accepted. He stated that in the new fiscal year, the department will
take over the maintenance of the 50 to 100 acres of open space coming to the
City from the CIOSA agreement and the Arroyo Park.
Council Member Glover confirmed with General Services Director
Niederhaus that three positions will be eliminated and privatization will be
used instead. Council Member Glover asked about the criteria applied when
the City considers privatization. She detailed some problems in her
neighborhood with non - English speaking workers and said she couldn't
support privatization if the workers out in the neighborhoods cannot
communicate with the citizens. She stated that this is not fair to the citizens
and not worth the money saved. General Services Director Niederhaus
stated that in the contracts for tree trimming, landscape maintenance and
mowing, the City requires one person in each crew to be English speaking.
He added that General Services is currently working with the City
Attorney's office to make sure that all past contracts also include this
feature.
Council Member Thomson asked about the efficiency quotient of the one
worker that's being transferred to Community Services. He specifically
asked about the use of a workshop, tools and vehicle by one worker and the
lack of efficiency of not having a worker as part of a pool, in case of absence.
General Services Director Niederhaus stated that it's a priority of
responsibilities. He stated that the Community Services Department would
like to look over the maintenance of their own buildings. He added that
Community Services has a maintenance staff already and the new worker
would enter that pool. General Services Director Niederhaus stated that, in
general, it's better to centralize but in this case, it has been decided to test
this approach. City Manager Bludau added that the maintenance of the
recreation facilities has not been done adequately and he believes that a key
component of having good maintenance is to affix the responsibility to the
department who has the responsibility for the buildings. Council Member
Thomson stated that he only wants to make sure that there is the versatility
to use a pool of workers. City Manager Bludau stated that it is worth trying
this approach and will not cost the City any additional money since it is a
pure transfer of resources from one department to another.
General Services Director Niederhaus stated that forty -five pieces of rolling
stock will be replaced in the 2000 -2001 fiscal year at a cost of $1.2 million.
He stated that this will include thirty -seven vehicles and one electric vehicle,
and added that the addition will bring the City's total electric vehicle count
to twenty -one. He stated that Newport Beach has the largest electric vehicle
fleet in the State, and it has all been done with subvention and grant funds.
General Services Director Niederhaus stated that the overall fleet will be
increased by three vehicles which will include two additional trucks for
Volume 53 - Page 393
City of Newport Beach
Study Session Minutes
June 13, 2000
WIN]
Police and General Services and one automobile for Utilities.
General Services Director Niederhaus stated that the budget checklist items
that have been put together since the supplemental items were submitted
include $20,000 for pier and float repairs, $21,000 for litter pick -up on the
beach this upcoming summer and $8,000 for monthly street sweeping of the
three proposed annexation areas.
General Services Director Niederhaus concluded by stating that the
recycling coordinator /refuse inspector position is a revenue - neutral position
because the recently approved increase in the recycling surcharge will fund
the position and related costs. He stated that the position will also put
increased emphasis on the refuse inspection problem in West Newport. He
added that the budget does include twice -a -week refuse pick -up on the
peninsula.
Council Member Debay asked what types of things the recycling
coordinator /refuse inspector would be doing in the alleys in West Newport.
General Services Director Niederhaus stated that the inspector will be
essential in taking care of the vector problems, making sure lids are on cans,
starting the public relations program for the refuse can ordinance, and
handling hazardous waste problems. General Services Director Niederhaus
added that a public relations firm is being used and a flyer will be ready to
mail soon regarding the new refuse can ordinance. He reminded everyone
that the ordinance is effective September 1, 2000. He said that the change
will be crucial since he currently has three men injured in the refuse crew
and the employees really struggle with the old cans. He added that a non-
profit organization has offered to provide the cans and pick -up the old cans
at a set fee.
Council Member Thomson confirmed with General Services Director
Niederhaus that the new cans are already increasing in numbers. Council
Member Thomson asked if there was a way to get the word out to the
citizens prior to the flyer going out, since many people do spring- cleaning
and buy new cans this time of year. General Services Director Niederhaus
stated that the flyer is almost done and it will be decided before the end of
the week, the best way to mail it. He added that the refuse division has a
good relationship with its customers.
Council Member Glover stated her appreciation for the work done by
General Services Director Niederhaus and his staff. General Services
Director Niederhaus complimented his staff and stated that they are
interested in doing a good job for the City.
General Services Director Niederhaus reported on the condition of Gary
Prather, a General Services employee, who was burned badly from a boating
accident in the harbor. General Services Director Niederhaus stated that
Mr. Prather is suffering from a substantial amount of burns on his face,
hands and chest, and is looking at a long convalescent period.
Community Services Director Kienitz stated that her department consists of
five divisions, four of which are public service divisions and one of which is
an administrative division that provides support services for the other
Volume 53 - Page 394
City of Newport Beach
Study Session Minutes
June 13, 2000
11013
divisions. Community Services Director Kienitz stated that the department
budget is a status quo budget and is just under $6.7 million. She stated that
this includes the new position being transferred from General Services, and
a new full -time position at the library that was created from two and one-
half part -time positions. She noted that the library and recreation divisions
rely heavily on part -time staff, which can often be difficult to recruit and
retain. Community Services Director Kienitz stated that the total full-time
staff equivalent (FTE) for the department is 89.40 in the proposed 2000 -2001
fiscal year budget, with 53 employees on the full-time staff and a total of 186
employees on the payroll.
Community Services Director Menitz asked that $7,000 be added to the
budget checklist for the lights at Arroyo Park.
Community Services Director Kienitz pointed out that the four public service
divisions leverage public funds to a great extent. She stated that there is an
equivalent of almost 25 full-time workers who work voluntarily, and that two
of the vans used by the Oasis Senior Center are primarily funded by the
Friends of the Oasis and another one is funded by Hoag Community Services
Fund. She added that the library has two major support groups, which are
the Friends of the Library and the Newport Beach Library Foundation. She
concluded by stating that what the City appropriates is enhanced by the
additional money and staffing.
Council Member Thomson asked why the City would fund the lights at
Arroyo Park if it's a private park. Community Services Director Kienitz
stated that the park is a public park.
Council Member Glover mentioned the recent transfer of the Marine
Environmental Division to the City Manager's office and asked if the library
function is continuing to work well as a part of the Community Services
Department. She added that it is possible that a new library may need to be
built in the Newport Coast area if the annexation occurs. Community
Services Director Kienitz stated that combining the four public service
divisions has provided for a greater ability to have them all work together,
but that it does entail a number of meetings for the department. She noted
that the department supports the Arts Commission, the Library Board of
Trustees and the Parks, Beaches & Recreation Commission. She stated that
her official title is Community Services Director /City Librarian. City
Manager Bludau stated that it makes her jointly responsible to the City
Manager and the Library Board of Trustees.
Council Member Glover requested that the City Manager look into the pros
and cons of separating the library function from the Community Services
Department.
Council Member Ridgeway stated that he supported Council Member
Glover's comments.
Public Works Director Webb stated that the Public Works Department is
comprised of six divisions, which includes the oil and gas operations. He
stated that the department currently has 77 full -time and 23 part -time
employees. He stated that two new full -time employees are being proposed
Volume 53 - Page 395
City of Newport Beach
Study Session Minutes
June 13, 2000
INDEX
for the 2000 -2001 fiscal year budget, and include a traffic engineering
technician who will work on traffic signal coordination and an electrician to
assist with new streetlights and in -house work. Public Works Director Webb
stated that a long -term part -time engineering technician in the water
division will also be upgraded to a full -time position. He stated that the total
M & O for the department is $17 million, and is a 1% increase from the
previous fiscal year.
Public Works Director Webb stated that the six divisions include the
administrative division and the engineering division. He stated that the
engineering division is comprised of seven engineers and six inspectors and
surveyors, and is the division primarily responsible for implementing the
CIP. He added that contracts awarded in the current fiscal year totaled
more than $35 million. He pointed out that the Arches Interchange project
accounted for $15 million of the total. He complimented the division for
their work.
Public Works Director Webb went on to list the transportation and
development division as another division in the department, and stated that
they are responsible for subdivision processing, traffic signal operations and
parking meters. He mentioned the new smart meters and stated that the
City is attempting to educate the public on the parking restrictions.
Public Works Director Webb stated that water and wastewater are
enterprise funds. He stated that these divisions, and those that work in the
field with the public, have done a good job.
Mayor Noyes asked about the repairs planned for the bay front on Balboa
Island, including what was done in the current fiscal year. Public Works
Director Webb stated that this is covered in the CIP, and that $100,000 is
budgeted each year for bulkhead and sidewalk replacement and repair. He
confirmed that General Services does some of the repairs. Mayor Noyes
stated his concern that the City is falling behind on the maintenance of the
boardwalk around Balboa Island.
Council Member Debay confirmed with Public Works Director Webb that a
new employee has already been hired to assist with the undergrounding
projects. She further confirmed that the other new employee mentioned
earlier will assist with synchronizing the traffic signals in the City, and she
asked that this new employee be on the priority list for hiring.
Administrative Services Director Danner stated that the two internal service
funds are the insurance reserve fund and the equipment maintenance and
replacement fund. He stated that the rates on the insurance fund were not
changed and by the end of the next fiscal year, it should have a positive
balance. He stated that there was a minor adjustment to the other fund.
Council Member Ridgeway inquired about the new vehicles mentioned
earlier by General Services Director Niederhaus. Administrative Services
Director Danner confirmed that these new vehicles were reserved in the
equipment fund. He added that the fund is budgeted annually for the
replacement of vehicles. City Manager Bludau stated that the fund should
probably have $7 to $8 million in it and is slowly being built towards that
Volume 53 - Page 396
City of Newport Beach
Study Session Minutes
June 13, 2000
INDEX
goal. Administrative Services Director Danner stated that the fund is
funded by the general fund, with some money coming from water and sewer.
Council Member Ridgeway lastly confirmed that the sale of rolling stock was
also figured into the fund.
Public Works Director Webb began the discussion about the CIP by stating
that there are 135 projects included for the 2000 -2001 fiscal year. He stated
that approximately 24% of the total budget is for the CIP and totals
approximately $30 million. Public Works Director Webb stated that a few
large projects are underway and have been included in past years' budgets,
such as the Arches Interchange and the Bonita Canyon Sports Park. He
didn't think there would be such large projects in the CIP in the upcoming
years.
Public Works Director Webb stated that the Public Works Department began
working on the 2000 -2001 CIP in November of 1999. He stated that the
general fund requests received from the departments were reviewed on the
basis of need and priority, and ended up being reduced by approximately
50 %. Public Works Director Webb stated that after he met with each of the
department directors, he submitted a program to the City Manager, who
then came up with the final recommendation to present to the City Council.
Public Works Director Webb stated that the CIP includes new lexan walls for
West Newport and the Balboa Village plan. He stated that oil spill
settlement money will be used for the rehabilitation of both City piers. He
stated that two major water projects are also planned for the 2000 -2001 CIP,
and include improving the water service to Corona del Mar and a water
main replacement in Corona Highlands, which will include pavement
rehabilitation for the tract.
Public Works Director Webb additionally listed the pavement management
and maintenance projects included in the CIP and totaling approximately
$4.7 million. He stated that these include the work in Corona Highlands,
work at the Newport Boulevard/Balboa Boulevard merger, and Balboa
Boulevard from Adams Street to Medina Way. He additionally listed several
of the reconstruction overlay projects, indicating how active the City's street
maintenance program is. Additionally, he stated that a total of $8.9 million
has been, and will be, spent on Balboa Boulevard alone, with $1.4 million
being budgeted for 2000 -2001, $5.4 million projected for 2001 -2002 and $2
million for 2002 -2003. Public Works Director Webb added that the City
annually applies for funds for street rehabilitation. He stated that the six
projects most recently applied for are expected to bring in $1.6 million.
Public Works Director Webb referred to the Addendum to the Preliminary
CIP Document and noted the preliminary CIP re- budgets. He also noted the
items that will be added as re- budgets because they were not awarded or
completed in the current fiscal year. He briefly mentioned a few of the
specific projects, as listed.
Public Works Director Webb noted the marine education facility, which was
inadvertently omitted from the preliminary CIP and would be added into the
final program. He additionally noted that the reforestation of Corona del
Mar and a pier /float maintenance program were both projects submitted
Volume 53 - Page 397
City of Newport Beach
Study Session Minutes
June 13, 2000
oP/
after the preliminary CIP was created. Public Works Director Webb stated
that a third project, not listed in the Addendum and considered a re- budget
item, would be the Balboa Island pedestrian bridge. He stated that this
project might include a redesign or a change in the aesthetic treatment.
Council Member Glover stated that a design framework is being worked on
for Mariners Mile, and she had hoped to present it to the City Council prior
to consideration of the 2000 -2001 budget. She stated that the initial
improvements would be on private property and paid for by the businesses in
the area. She stated that a few people were present in the audience to
discuss the public improvements portion of their design framework.
Mark Murrell, member of the Mariners Mile Business Owners Committee,
stated that the interest in the enhancement of Mariners Mile put together a
number of business owners who have been working for over a year on a
design framework for Mariners Mile. He stated that the local businesses are
continuing to struggle to enhance the tenant base in the area and noted the
loss of Windows on the Bay, Chili's and Auto Bistro. He stated that the area
needs revitalization and that the local businesses plan to pay for some of the
improvements, but that a letter was submitted to the City Manager to ask
for the City's involvement, as well. Mr. Murrell stated that the business
owners are requesting that a portion of the sales tax generated from the area
over the next five years be used to pay for some of the improvements. He
stated that this would be incorporated into the design framework and would
include improvements to the landscaping and the medians, and possibly
undergrounding utilities and studying traffic issues. He concluded by
stating that the Committee is hoping that a Business Improvement District
(BID) will eventually be formed. City Manager Bludau noted that the letter
requested 20% of the sales tax generated in the area, which has been
calculated to total $260,000 per year.
Council Member Glover commented on staffs ability to calculate the sales
tax generated from the Mariners Mile area, which she previously had been
told was unavailable.
Council Member Ridgeway confirmed with Mr. Murrell that some of the
improvements would be to Coast Highway and others would be to private
property. Council Member Ridgeway stated his concern for the limitations
to improvements on Coast Highway. Public Works Director Webb confirmed
that any such improvements would need the approval of CalTrans, would
have to be done under an encroachment permit and follow CalTrans
standards, which can be restrictive. He added that the requests, if not
unusual, should not be a problem. Mr. Murrell added that the improvements
would also include such things as signage, much of which would be
restrictions placed on signs on private property.
Mr. Murrell concluded by stating that the area is vibrant and one of the
older areas in Newport Beach, and it needs some attention.
Ted Bean, Co -Chair of the Mariners Mile Business Owners Committee,
added that there are no streetlights on Mariners Mile and that landscaping
is also a major concern. He stated that a new boat operation moved in at the
corner of Dover Drive and Coast Highway, and that more marine - related
Volume 53 - Page 398
City of Newport Beach
Study Session Minutes
June 13, 2000
INDEX
uses are also desired for the area. Mr. Bean stated that the design
framework should be a good conduit to make the improvements come to
fruition.
Ned McCune stated that a report will be available in approximately six
weeks. He also confirmed that a few dormant parcels will soon be developed.
He stated that prior developments did not consider the pedestrians and that
improvements, particularly for night activity, are needed. He asked that the
City Council support the area, as they have done for other areas in the City.
Council Member Ridgeway asked if the $700,000 for Balboa Boulevard from
Adams Street to Medina Way was for design. Public Works Director Webb
stated that the money was for reconstruction. Council Member Ridgeway
further confirmed that it was for drainage and paving. Public Works
Director Webb stated that the project should be ready to go out for bid in the
Fall of 2000.
Council Member Thomson requested that $500,000 be added to the budget
checklist to add trees and landscaping to MacArthur Boulevard, north of San
Joaquin Hills Road. He stated that this will pick up where a private
developer left off and complete the area. Public Works Director Webb stated
that a substantial part of the project could be completed for $250,000.
In response to Council Member Ridgeway, Public Works Director Webb
stated that more than highway landscaping is involved. He stated that
Council Member Thomson is referring to the entire area of a strip park and a
slope that faces MacArthur Boulevard. Council Member Ridgeway further
confirmed that MacArthur Boulevard is a City street and the funding should
come from the general fund or the parks fund. Public Works Director Webb
stated that the City has been unsuccessful in receiving grant funds for the
project. Council Member Ridgeway stated his support for the project.
Council Member Glover referred to the earlier request of the Mariners Mile
business owners for 20% of their area's sales tax and noted that the business
owners themselves plan to be responsible for a number of the improvements
in the area. She stated that Mariners Mile has never had streetlights or
landscaping, and she requested that 10% of the area's sales tax be budgeted
over the next five years for improvements to Mariners Mile.
Council Member Ridgeway stated that the residents on the Bluffs need to be
considered and that they may not want streetlights on Mariners Mile.
Council Member Glover stated that residents of Cliff Drive have worked with
the Mariners Mile business owners and plan to continue to do so.
Mayor Noyes requested that some of the money for the Balboa Island
boardwalk repairs planned for future fiscal years be moved to the 2000 -2001
fiscal year. He stated his concern for the high public use and the potential
for liability. City Manager Bludau confirmed with Public Works Director
Webb that if all repairs were completed, it would cost approximately
$500,000. Mayor Noyes stated his concern for the substandard repairs that
have been done, and he requested that the budgeted $150,000 be increased
by another $150,000.
Volume 53 - Page 399
City of Newport Beach
Study Session Minutes
June 13, 2000
Council Member Ridgeway asked about the new pedestrian bridge planned
for Balboa Island and if the need was there for the expenditure. He
suggested that this money could possibly be used for the improvements being
requested by Mayor Noyes.
Council Member Thomson suggested that possibly a portion of the Balboa
Island sales tax could go towards improvements in the area, such as the
concept being requested by Council Member Glover for Mariners Mile.
City Manager Bludau asked that overtime coverage for paramedic training
be added to the checklist in the amount of $117,144. He stated that other
options are being looked at, but he'd like it to be looked at by the City
Council.
Council Member Ridgeway asked why the City's personnel had to be trained
and why outside hiring couldn't be done. City Manager Bludau stated that
this could be one of the options to look at. Council Member Ridgeway
understands the Fire & Marine Department's desire to hire within, but he
feels it would probably be more efficient to go outside. Council Member
Ridgeway confirmed that overtime is currently being paid, and suggested
that a part -time emergency medical technician (EMT) be considered.
PUBLIC COMMENTS - None.
ADJOURNMENT - 5:40 p.m.
����xxxxxxx ,t,t,t,t,t�������xxxxxxxx
The agenda for the Study Session was posted on June 7, 2000, at
3:40 p.m on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
Volume 53 - Page 400
UI D1
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting '
June 13, 2000 - 7:00 p.m. INDEX
STUDY SESSION (Special Meeting) - 3:30 p.m. [Refer to separate minutes]
CLOSED SESSION - 6:00 p.m
CLOSED SESSION REPORT PRESENTED - None.
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Absent: None
Pledge of Allegiance - Mayor Pro Tern Adams.
Invocation by Reverend Dr. William Flanagan, St. Andrews Presbyterian
Church.
Presentation of Proclamations:
1) Recognizing Marine Safety Supervisor Mitch White for his heroic
effort in saving the lives of Alex and Vicky Anaya on Sunday,
May 28, 2000.
2) Recognizing Lifeguard Drew Balandis for his outstanding effort on
Memorial Day, Monday, May 29, in making a Newport Beach
lifeguard record of 80 rescues.
3) Recognizing Fire Captain Rich Thomas, Fire Paramedic Ron
Gamble, Firefighters Mike Mullen, Terry Teals and Brett
Sutherland, and the crews of Fire Engine 62, 64, 66, Truck 62 and 63,
Medic Unit 62 and Battalion 6, for their heroic efforts in saving the
lives of Sarah Weeks and Christine Arnold. Fire Captain Rich Thomas,
Fire Paramedic Ron Gamble, Firefighter Mike Mullen, Firefighter Brett
Sutherland, Firefighter Terry Teale, Fire Captains Dave Bowman, Todd
Knipp, John Rupsa and Rick Zaccaro, Fire Engineers Dave Engelstad, Terry
Hoiland, Jerry Lazar, Mike Novak, and Bob Webber, Fire Paramedic Ralph
Restadius, and Firefighter Ron Larson were present to accept their
Proclamations of Recognition.
Status Report on the Newport Beach Public Library Foundation by Dave
Carmichael, President. Dave Carmichael announced that Larry Spitz is the
incoming Library Foundation President. Mr. Carmichael reported that the
memorandum of cooperation is in place and communication is going well between
the Foundation and the Board of Library Trustees. He indicated that the
Foundation is open for membership, is taking donations, and can be contacted by
Volume 53 - Page 401
City of Newport Beach
City Council Minutes
June 13, 2000
calling 717 -3890. He added that they are still located at the Central Library and
concluded by reporting that a bulk of their $125,000 donation went toward online
resources.
Larry Spitz stated that the Foundation is now looking forward to providing
additional funds to the library system. He indicated that they expect that their
membership will increase and that they are making plans to hold various activities
that will enable the library to maintain its position as the premiere facility in the
County. He stated that they are also looking forward to a positive relationship with
the Trustees, Friends of the Library, and Council.
CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM):
• Council Member Thomson stated that District 7 has a problem with
unregulated intersections, particularly from southbound Marguerite Avenue
to old Corona del Mar. He requested that the Traffic Division review the
situation.
• Council Member Thomson stated that Districts 6 and 7 have issues relative
to the preservation of views because of homes and trees. He requested that
the City Manager survey other cities to see what solutions are available.
• Council Member Thomson reported that the second phase of the Harbor Day
School project consists of building only one building. He announced that the
plans are in the Planning Department for review.
• Council Member Thomson announced that, during today's study session, he
asked for a budget amendment to allow for the planting of trees on
northbound MacArthur Boulevard up to the Bonita Canyon Sports Park.
• Mayor Noyes reported that the City had its groundbreaking ceremony for
the Bonita Canyon Sports Park on Monday. He stated that it will be the
largest park in the City (33 acres), be completed in about a year, and cost
about $6.5 million.
CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF MAY 23, 2000. Waive reading of subject minutes, approve
as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all ordinances and resolutions under consideration, and direct City
Clerk to read by title only.
RESOLUTIONS FOR ADOPTION
S. IMPLEMENTATION OF ENHANCED RETIREMENT AND
CAFETERIA PLAN BENEFITS FOR MISCELLANEOUS
Volume 53 - Page 402
INDEX
Res 2000 -46/C -2059
Res 2000 -47/C -2065
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
Volume 53 - Page 403
EMPLOYEES AND MARINE SAFETY OFFICERS. Adopt the following
Res 2000 -48/C -2051
resolutions: 1) Resolution No. 2000 -46 only with respect to members of the
Res 2000 -49
Newport Beach City Employees Association, fixing the employer's
Res 2000 -50 /C -2058
contribution under the Public Employees' Medical and Hospital Care Act;
Res 2000 -51
2) Resolution No. 2000 -47 only with respect to members of the Newport
Res 2000 -52/C -563
Beach Employees League, fixing the employer's contribution under the
Enhanced
Public Employees' Medical and Hospital Care Act; 3) Resolution No. 2000 -48
Retirement and
only with respect to members of the Newport Professional and Technical
Cafeteria Plan
Employees Association, fixing the employer's contribution under the Public
Benefits
Employees' Medical and Hospital Care Act; 4) Resolution No. 2000 -49 only
(38/66)
with respect to members of the Newport Beach Key and Management
Employees, fixing the employer's contribution under the Public Employees'
Medical and Hospital Care Act; 5) Resolution No. 2000 -50 only with respect
to members of the Newport Beach Marine Safety Officers, fixing the
employer's contribution under the Public Employees' Medical and Hospital
Care Act; 6) Resolution No. 2000 -51 only with respect to members of the
Newport Beach City Council, fixing the employer's contribution under the
Public Employees' Medical and Hospital Care Act; 7) Resolution No. 2000 -52
declaring its intention to approve an amendment to contract between the
Board of Administration, California Public Employees' Retirement System
and the City Council, City of Newport Beach.
4.
Removed at the request of an audience member.
ORDINANCES FOR ADOPTION
5.
PARKING METER RATE INCREASES. Adopt Ordinance No. 2000 -9
Ord 2000- 91Parking
establishing parking meter fees for on- street meters.
Meter Rate (85)
6.
AMENDMENT OF CHAPTER 1.12 OF THE NBMC (contd. from
Ord 2000 -10
5 /9/00). Adopt Ordinance No. 2000 -10 amending Section 1.12.020 of Title 1
Citations and
of the NBMC pertaining to citations and warrants.
Warrants (70)
7.
AMENDMENT OF CHAPTER 1.30 OF THE NBMC. Adopt Ordinance
Ord 2000 -11
No. 2000 -11 amending Section 1.30.030 of Title 1 of the NBMC pertaining to
Election Campaign
election campaign filing.
Filing (39)
CONTRACTS AND AGREEMENTS
8.
ASSIGNMENT OF LEASE WITH KELSHO COMMUNICATIONS.
C -3164
Approve the assignment of the Citicasters lease to Entravision
Radio Tower
Communications Corporation and approve and authorize the City Manager
and Station
to execute the Memorandum of Lease Assignment and Estoppel Certificate.
(38)
9.
MEMORANDUM OF UNDERSTANDING (MOU) WITH THE
C -2058
NEWPORT BEACH MARINE SAFETY OFFICERS ASSOCIATION.
Marine Safety
Approve MOU.
Officers MOU (38)
10.
LICENSE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND
C -3346
THE METRO CITIES FIRE AUTHORITY TO OPERATE RADIO
Radio
EQUIPMENT ON SIERRA PEAK. Authorize the City Manager, the City
Equipment/
of Newport Beach representative to the Metro Cities Fire Authority
Sierra Peak
( "Authority ") Board to approve the renewal of this License Agreement and
(38)
Volume 53 - Page 403
City of Newport Beach
City Council Minutes
June 13, 2000
future License Agreements between the County of Orange and the Authority
for communications equipment at Sierra Peak Communications Facility.
INDEX
11.
MEMORANDUM OF UNDERSTANDING - EMERGENCY RESCUE
C -3347
VEHICLE. Approve the Memorandum of Understanding (MOU) with the
Emergency
Cities of Costa Mesa and Irvine in order to formalize the cost sharing
Rescue
agreement and liability exposure for an Emergency Rescue Vehicle
Vehicle
accessible to all three jurisdictions.
(38)
12.
AWARD OF CONTRACT (C -3336) FOR THE INSTALLATION OF NEW
C -3336
TRAFFIC SIGNALS AT SAN MIGUEL DRIVE /PORT RAMSEY
BA -067
PLACE, SAN MIGUEL DRIVE/ PORT SUTTON DRIVE -YACHT
New Traffic
COQUETTE, AND AVOCADO AVENUE /FARALLON DRIVE ALONG
Signals/
WITH MISCELLANEOUS IMPROVEMENTS AT VARIOUS
Miscellaneous
LOCATIONS. 1) Approve the plans and specifications; 2) award C -3336 to
Improvements
Macadee Electrical Construction for the total bid price of $658,234 and
(38/40)
authorize the Mayor and the City Clerk to execute the contract; 2) establish
an amount of $65,800 to cover the cost of unforeseen work; 3) accept the
contribution of $34,467 from the Broadmoor Seaview Homeowners
Association; 4) establish an amount of $9,000 to cover the cost of Edison
installing transformers for electrical service; and 5) approve a budget
amendment (BA -067) for $336,240.14 from the Transportation and
Circulation Fund balance to Account No. 7261- C5200068.
13.
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR
C -3348
IMPROVEMENTS TO NEWPORT BOULEVARD AND HOSPITAL
BA -068
ROAD. 1) Authorize the Mayor and City Clerk to execute a Professional
Newport Blvd. &
Services Agreement with W.G. Zimmerman Engineering in the amount of
Hospital Rd.
$67,100 to complete plans, specifications and estimates for improvements at
Improvements
the intersection of Newport Boulevard and Hospital Road; and 2) approve a
(38/40)
budget amendment (BA -068) in the amount of $51,715.48 transferring funds
from the Transportation and Circulation Fund balance to Account No. 7261-
5100070.
14.
BALBOA PENINSULA GATEWAY PARK, LIDO GATEWAY PARK
C -3155
AND SOUND WALL LANDSCAPE IMPROVEMENTS (C -3155) -
Balboa Peninsula
COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the
Gateway Park/
City Clerk to file a Notice of Completion; 3) authorize the City Clerk to
Lido Gateway
release the Labor and Materials bond 35 days after the Notice of Completion
Park /Sound
has been recorded in accordance with applicable portions of the Civil Code;
Wall Landscape
and 4) release the Faithful Performance Bond six months after Council
Improvements
acceptance.
(38)
15.
PROFESSIONAL SERVICES AGREEMENT FOR BIG CANYON
C -3349
RESERVOIR SEISMIC ANALYSIS PROGRAM. Authorize the Mayor
Big Canyon
and the City Clerk to execute a Professional Services Agreement with URS
Reservoir
Greiner Woodward Clyde International Americas, Inc. in the amount of
Seismic
$124,674 to complete a Seismic Analysis Program (SAP) for the City's Big
Analysis
Canyon Reservoir facility.
Program (38)
16.
JAMBOREE ROAD/EASTBLUFF DRIVE INTERSECTION
C- 3202 -B
IMPROVEMENTS (C- 3202 -B) - COMPLETION AND ACCEPTANCE.
Jamboree Road/
1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion;
Eastbluff Drive
Volume 53 - Page 404
City of Newport Beach
City Council Minutes
June 13, 2000
3) authorize the City Clerk to release the Labor and Materials bond 35 days
after the Notice of Completion has been recorded in accordance with
applicable portions of the Civil Code; and 4) release the Faithful
Performance Bond six months after Council acceptance.
17. FINANCIAL AUDIT AND SINGLE AUDIT SERVICES FOR FISCAL
YEARS 2000, 2001 AND 2002. Approve the selection of the auditing firm
of Conrad and Associates, L.L.P. and enter into a contract with said firm to
audit the City's financial statements and perform a Single Audit of the City's
Federal assistance for the fiscal years ending June 30, 2000, 2001, and 2002.
The total all- inclusive maximum fees for each year, including any out -of-
pocket expenses and a three percent fee adjustment for each of the two
succeeding years are $38,465, $39,620 and $40,810 respectively. Upon
satisfactory completion of the work performed during each of the first three
years, the City Council may extend the auditing services agreement up to an
additional three years without obtaining written proposals.
MISCELLANEOUS ACTIONS
18. PLANNING COMMISSION AGENDA FOR JUNE 8, 2000. Receive and
file.
19. Removed at the request of Council Member Ridgeway.
20. BUDGET AMENDMENT (BA -065) IN THE AMOUNT OF $41,760 TO
APPROPRIATE THE PROCEEDS OF THE INCOME FROM THE
ACKERMAN PROPERTY TO ACQUIRE HIGH TECH LIBRARY
EQUIPMENT PER THE ACKERMAN TRUST. Approve BA -065.
21. BUDGET AMENDMENT (BA -066) IN THE AMOUNT OF $10,000 TO
INCREASE REVENUE ESTIMATES TO REFLECT FUNDS FROM
THE BROKAW FAMILY FOUNDATION AND TO INCREASE
EXPENDITURE APPROPRIATIONS. Approve BA -066.
22. MEASURE M ELIGIBILITY REQUALIFICATION FOR FY 1999 -2000.
1) Adopt the Seven -Year Capital Improvement Program; and 2) direct staff
to submit the adopted Capital Improvement Program, and the Maintenance
of Effort certification to the Orange County Transportation Authority to
satisfy the eligibility provisions for the Measure M and the Congestion
Management Programs.
23. REPORT ON LAWS PROHIBITING THE USE OF DEVICES THAT
PRE -EMPT TRAFFIC SIGNALS. Receive and file.
Motion by Mayor Pro Tern Adams to approve the Consent Calendar,
except for those items removed (4 and 19).
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
Volume 53 - Page 405
INDEX
Intersection
Improvements
(38)
C -3350
Financial Audit
and Single Audit
Services
(38)
Planning
(68)
BA -065
Library
Equipment
(40/50)
BA -066
Library
Donation
(40/50)
Measure M/
Orange
County
Transportation
Authority
(74)
Traffic Signals
(85)
City of Newport Beach
City Council Minutes
June 13, 2000
n
INDEX
REMOVED EMUM THE UUNSENT CALENDAR
FY 2000 -2001 COMBINED TRANSPORTATION FUNDING PROGRAM
Res 2000 -53
APPLICATION.
Combined
Transportation
Public Works Director Webb stated that the City has an opportunity to apply
Funding
for funds through the Orange County Transportation Authority (OCTA)
Program
Combined Transportation Funding Program once a year. He reported that
(74)
the funds will allow the City to be placed on a waiting list to receive
contributions from the various funding sources that OCTA manages. He
indicated that the City is applying for the Irvine Avenue Widening Project
from University Drive to Bristol Street; Superior Avenue Widening Project
adjacent to the mobile home park; Placentia Avenue Widening Program from
Superior Avenue to Hospital Road; Jamboree Road /Bison Avenue
Intersection Improvements; and Jamboree Road Widening Project from
MacArthur Boulevard to Bristol Street South. He stated that the City would
be competing with other cities for the funding and that the OCTA advisory
committee will make a determination between now and mid - September/
October about eligibility.
Mayor Pro Tem Adams asked what the Circulation Element indicates as
Jamboree Road's maximum width in the Bison area. Mr. Webb stated that
the area is considered "major modified" which provides for intersection
widening that would be in excess of six lanes. The improvements that would
be anticipated at that location would include additional lanes that may have
up to four lanes through the intersection but could also have additional turn
lanes. He confirmed that environmental documents would be needed for any
project in that area.
Council Member Glover expressed concern that there has been constant
repairs on Jamboree Road for the past decade and asked when they will be
completed. Mr. Webb reviewed the current projects on Jamboree Road and
indicated that the road is a major artery for the community since it carries
50,000 to 60,000 cars /utilities a day. He believed that Jamboree Road will be
in good shape for years after the proposed projects are completed.
Barry Eaton, 727 Bellis Street, stated that he is President of the Eastbluff
Homeowners Association and that he is speaking on behalf of the Board. He
indicated that they are very concerned that Council is proposing to widen
Jamboree Road to eight lanes at Bison, but were relieved that Mr. Webb
indicated that the additional right -of -way would come from the other side of
Jamboree Road. He stated that he is not sure how happy that would make
the homeowners association on the other side of Jamboree Road. He also
expressed their concern about the noise problem that would occur if travel
lanes are put out to the curbs and about the travel lanes being installed next
to the sidewalks with the pedestrians. He emphasized that the project would
be out of sequence when Council just acted in the last year to take the cross
traffic off of Bison. He stated that they believe there is more of a need at the
Jamboree /University intersection where a lot of the traffic peels off in either
direction. He requested that Council delete the Bison/Jamboree project from
the funding request until the University intersection is funded. Mr. Eaton
stated that they realize that this is just a funding request; however,
momentum is strong once County funding is received to conduct the project.
Volume 53 - Page 406
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
Mr. Webb stated that, when recommending these types of projects, they rely
on the Circulation Element and the General Plan. He reported that, as far
back as 1988, Jamboree Road/ Bison Avenue was a location that was noted
as needing work for the 2010 timeframe. He stated that changes and
modifications may be needed as the City gets into the planning; however,
this is just to put a place mark in for the funding. He pointed out that the
design work is not even conceived and that the application would not start
for two years. He stated that there is plenty of time to look at preliminary
planning and reevaluate the projects, and, if necessary, the City can
withdraw the application next year.
In response to Council Member Ridgeway's questions regarding the
Jamboree /University intersection, Mr. Webb indicated that this would be one
of the projects that they anticipate applying for funds in the next fiscal year.
He added that substituting the Jamboree/Bison project for the
Jamboree/University project is a possibility.
Mayor Pro Tem Adams stated that he is skeptical of even the mid -term need
for this, particularly with regard to the comment about Council's recent
changes to the intersection. Mr. Webb confirmed that future volume to
capacity analysis was looked at based on the recent changes to the
Jamboree/Bison intersection. He stated that the ratio becomes about .8 with
the improvement in 2010 and the additional lanes. He indicated that, since
applications are being considered at this time, they will probably remove the
project from the list if it is not approved and try to substitute it for another
project. Mayor Pro Tem Adams indicated that a Jamboree /University project
may also pose a problem with his homeowners association, especially since it
was not noticed to the public.
Mr. Webb clarified that the procedure for the funding is that the projects are
requested and then the sequencing is set -up relative to how the funds are
drawn. He emphasized that this is just a placeholder. Mayor Pro Tem
Adams stated that he is not too concerned with the request since it is just a
placeholder and would be coming before Council a number of times if the
City receives the funding. He indicated that he is comfortable with
requesting funds for the Jamboree/Bison project; however, noted that staff
will really need to demonstrate why this is truly necessary and that the
impacts can be mitigated.
Motion by Mayor Pro Tem Adams to adopt Resolution No. 2000 -53
approving the submittal of the City's FY 2000 -2001 program application to
the Orange County Combined Transportation Funding Program; and
direct staff to apply for funding under the Orange County Combined
Transportation Funding Programs for the various projects as included in the
City's application package.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
Volume 53 - Page 407
City of Newport Beach
City Council Minutes
June 13, 2000
19. PROPOSED CULTURAL ARTS
City Manager Bludau stated that Council may want to consider holding a
study session on this issue, but noted that the study sessions are filled until
the first study session in August. He indicated that there may be several
issues (i.e. open space, affordable housing, and general plan amendments)
that may impact the Ad Hoc Committee for the Arts and Education Center's
request.
Council Member Ridgeway believed that the matter was not properly noticed
since it was placed on the Consent Calendar. Further, whatever action is
taken, this Council cannot bind future Councils and that this project is
probably at risk during the process of gaining momentum and money.
Mayor Pro Tem Adams noted that this has been a controversial item in the
past and indicated that Council is not ready to make the type of commitment
requested by the Ad Hoc Committee and questioned whether a study session
is the appropriate venue since Council cannot take action during study
sessions. He stated that the Ad Hoc Committee would like to proceed with
their fundraising and get some type of decision.
Council Member Glover expressed the opinion that, under the Brown Act,
this issue has been properly noticed since the public is allowed to speak on
any agendized item. City Attorney Burnham stated that the item was
properly placed on the agenda, the public can comment on the item, and it
can be discussed. However, he noted that the City Manager indicated that
his recommendation was not properly listed on the agenda. Council Member
Ridgeway noted that there is a need for debate and discussion on this item
and agreed that this item should be placed on a regular agenda rather than
on a study session. He indicated that, since this was placed on the Consent
Calendar, some people felt they were not adequately noticed. Mr. Bludau
indicated that he put this item on the Consent Calendar so it did not get
caught up in the later discussions tonight, but concurred that it was an
unusual place for the item.
Don Gregory, 601 Lido Park Drive, City Arts Commissioner and
Co- Chairman of the Ad Hoc Committee for the Arts and Education Center,
stated that he feels like he is drowning in a sea of procedural red tape. He
expressed the opinion that the request is a very simple request. He stated
that they have been discussing an Arts and Education Center for two years
and indicated that they have been to study sessions, had members of the
Council talk with them, and that there are very few members of the public
and Council who do not know what this is about. He stated that this is a
joint venture of the Board of Library Trustees and the City Arts
Commission. He noted that they were chosen to advise Council as to artistic
considerations in the community and stated that they are strongly advising
that the City give the children a chance to learn about art and to do art. He
pointed out that they are not asking for anything else at the moment since
they still have to conduct feasibility, geological, and traffic studies.
Mr. Gregory emphasized that Council must let them begin and stop
continuously tabling the issue. He stated that this is not fair to anyone,
especially to Council who appointed the Arts Commissioners to get things
done. He indicated that the City needs to find room for the overflowing
Volume 53 - Page 408
INDEX
Cultural Arts
Center
(62)
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
centers of learning since the Corona del Mar High School, Orange County
Museum of Arts, and the library are out of space, noting that people had to
be turned away from the Distinguished Lecture Series because of the lack of
space. Mr. Gregory emphasized the need for the Arts and Education Center
and believed that the City has nothing at this time that spells culture. He
asked that Council not keep this from going on without an end and relegate
them to another study session in which no decisions can be made. He
requested that Council allow them to take the next step, noting that they
have a revitalized Library Foundation and they are having a fundraiser in
August. He reiterated that they will never ask for any funding from the City
and that they are just requesting that they let them abut the library as the
center of culture. He added that the Center would also help the library with
its parking problem and would not block any views. He believed that the
only disenchantment that some people have with the project is the site, not
the idea.
Noting that he does not think that asking for a two year reservation of a
portion of the site is unreasonable, Mayor Pro Tem Adams stated that a
reservation does not mean a lot since the Ad Hoc Committee still needs to go
through an environmental entitlement. He indicated that he is reluctant to
vote on this tonight but is supportive of bringing it back at the next meeting.
Council Member Thomson stated that everyone agrees that the City needs
more culture and arts, but where it should be is something that needs to be
decided. He believed that the momentum will be forthcoming when they
start raising money for the Center. He indicated that, once funds are raised,
they can then come before Council to discuss the site. He stated that he
could support a Center at that location if it is low enough. He noted that
there is environmentally sensitive dirt on the site which may intrude on the
desired area. Mr. Gregory stated that the first question people will ask if
they are donating funds for the Center is about the location. He added that
you cannot tell people you are trying to get a site but rather that the City
has blessed that site. He clarified that the first step in raising funds is to
conduct a feasibility study; however, they cannot raise millions of dollars for
a site they do not have. He indicated that the City can even say that they
will reserve the land for the Center subject to 900 conditions without giving
anything away. Council Member Thomson stated that it would be beneficial
to conduct a study session so that everyone can see what the Ad Hoc
Committee is thinking and how much of the property the Center would need.
Mr. Gregory noted that the Ad Hoc Committee did just that a few months
ago.
Mr. Burnham stated that the Ad Hoc Committee has asked for three things,
of which, he believed that two of them do not require any environmental
documentation. Regarding the request to have Council reserve the property
for a specific use, he reported that a reservation of property for a specific use
might be considered a project under CEQA. He believed that Council can
withhold consideration of any other use on the pending submittal of a study
and give the Ad Hoc Committee whatever time is necessary to report back to
Council.
Mayor Pro Tern Adams indicated to Mr. Gregory that Council would not be
able to say that they gave their "blessing' to a site, but the Ad Hoc
Volume 53 - Page 409
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
Committee can tell perspective donors that Council indicated that nothing
else is going to be built on the site for a certain period. Mr. Gregory stated
that he thinks he can move forward with saying that nothing else will be
built on that land until certain facts are known.
Debra Allen, 1021 White Sales, stated that she is not in favor of the Ad Hoc
Committee's request, but is neither in favor nor opposed to the project. She
reported that her community association had two presentations by the Ad
Hoc Committee and were asked if they would like a representative attend
their meetings; however, they have never received any notice by the Ad Hoc
Committee of any meetings other than the two they attended. She stated
that, if she was on the Ad Hoc Committee, it would strike her as odd that the
neighborhood across the street that sent a lot of people to the first two
meetings never sent anyone to any other meetings. Ms. Allen pointed out
that the site is zoned open space and, in order to change it, would need
changes to the entitlements, a General Plan Amendment, a use permit, a
parcel map, a traffic study, amendment of the CIOSA agreement between
The Irvine Company and the City, and offer of dedication by The Irvine
Company to the City. She stated that the Center would be a major change to
a piece of property that is very sensitive. She suggested that, if anything is
going to happen on the property, the City turn it over to a body that conducts
regular public hearings to receive input, like the Parks, Beaches, and
Recreation (PB &R) Commission, Board of Library Trustees, or Planning
Commission. Ms. Allen noted that the Ad Hoc Committee has no plans,
except for vague renderings, to assure that there will be no view impacts or
night light impacts. She requested that Council take this issue to the
appropriate Commission for review prior to Council taking action.
Mayor Pro Tern Adams clarified that Council is just talking about making a
commitment not to commit any other land use on that portion of the site for
two years. He added that the two years will also give everyone a chance to
participate in the process and allow the Ad Hoc Committee to do some
fundraising. He indicated that one of the things that was intriguing to him
was that it was a grassroots project that does not involve using taxpayer
funds. Ms. Allen expressed concern that Council is putting this type of
authority in the wrong place. She believed that the Ad Hoc Committee
makes representations that they will invite people into the process, but they
do not do it and conduct a closed door process that does not involve the
people most closely impacted by the project. Mayor Pro Tern Adams stated
that Council has not given the Ad Hoc Committee any power but that it is
just a citizens group that is trying to do something good for the City. Council
is just trying to give them a window to operate. He reiterated the huge
entitlement process they will also need to go though.
Pat Beek, Chairperson of the Parks, Beaches and Recreation Commission,
stated that the land is currently designated open space and that, routinely,
the procedure would be to have the PB &R Commission open space
committee conduct several public hearings to gather community input. After
that, the Committee would submit their findings and recommendations via
the PB &R Commission to Council. She indicated that, at that point, the
possibility of an ad hoc committee would come before Council. She believed
that any action tonight should be premature. Additionally, she believed that
Council is allowing a handful of people to circumvent the system and urged
Volume 53 - Page 410
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
Council to follow the procedure. She believed that, after hearing
Mr. Gregory's statements, the open space committee hearings would be the
perfect venue for him to gather community support. She noted that Council
does not want to sanction every ad hoc committee proposal that raises
money.
Jan Vandersloot, 2221 East 16th Street, member of the Steering Committee
of Stop Polluting Our Newport (SPON), stated that SPON unanimously
voted on May 16 to go through the process to create a passive open space
park on the site and that they will be presenting an agenda item to the
PB &R Commission to create and develop a passive open space park. He
indicated that the Library Exchange Agreement of 1991 designated the site
as recreation and environmental open space and the CIOSA agreement of
1992 dedicated the site to the City as open space. He believed that the
logical next step is to create a park on the site. He expressed concern that, if
Council reserves a portion of the site for an Arts and Education Center, not
only is Council breaking faith with the dedication for open space but Council
is also preventing an effort to create a park on the site. He stated that
SPON met with Mr. Gregory and would appreciate a Center in the City, but
it is just a matter of where it should be located. He suggests that the Ad Hoc
Committee look for funds for a Center that may be located in another site in
the City. Dr. Vandersloot noted that he only found out about this item by
looking at the agenda on the internet and believed that no one from SPON
was notified of tonight's meeting. He suggested that Council follow
Ms. Allen's request and not take any action tonight. He believed that
Council is giving away 3.5 acres for the next two years and doing a de facto
General Plan Amendment by reserving it for a building.
Val Skoro, 1601 Bayadere Terrace, expressed concern that due process was
not followed since most people did not find out about this until they noticed
it was on the Consent Calendar the other night. He stated that he supports
Ms. Allen's recommendation to follow due process and table the issue so that
open public hearings are conducted before arriving at any kind of decision.
He indicated that this is premature, noting that the Corona del Mar
Residents Association will be receiving a presentation by Planning Director
Temple this Thursday regarding the land.
Bob Caustin, Defend the Bay, 471 Old Newport Boulevard, stated that he is
not speaking on behalf of Defend the Bay because he did not have time to
poll the Board on this and requested time to do so. He indicated that the
land was given to the City by The Irvine Company in exchange for
development rights. He believed that the City is now talking about
piecemeal decisions on the property. He stated that there needs to be a
complete, long term plan that hopefully contains open space. He indicated
that he is not saying that the Ad Hoc Committee's idea is wrong, but that he
has more questions. He asked about the possibility of holding the site for
permanent open space with parking so that people can enjoy the open space
that was paid for by increased density. He agreed that this should be
discussed during a study session. He expressed the opinion that low cost
housing should not be placed on this site since it would create intensity on
top of open space. Mr. Caustin believed that funds can be obtained at this
time, but it is improper to move forward on a plan in which they do not have
a title or right. Further, he expressed the opinion that it would be
Volume 53 - Page 411
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
inappropriate to approve the plan in concept prior to knowing all the plans.
Mayor Noyes clarified that the site is actually 12 acres, but the Ad Hoc
Committee is discussing 3.5 acres of the site. He reported that the same
issue was before Council 1.5 years ago and Council did not do anything at
that-time because it was the feeling that they wanted to leave that site open
as long as possible. He noted that there are three groups that want to use
the site: environmentalists that want open space, people who want an Arts
and Education Center, and those that want senior housing.
Mr. Caustin expressed the opinion that a joint use for a cultural and open
space area with the commitment to each other may be possible later if there
are some restrictions and requirements so they can both coexist.
Mayor Pro Tem Adams stated that he likes Mr. Caustin's idea to tie the site
to permanent open space and provide parking for open space. He reiterated
that Council is not talking about approving the plan in concept, but Council
is talking about agreeing on not doing anything with a portion of the site for
two years. He expressed the opinion that they are actually talking about
creating a de facto open space for two years.
In response to Mr. Caustin's comments, Mr. Burnham clarified that the
property was not acquired because of some increase in entitlement granted
to The Irvine Company. The CIOSA agreement allowed The Irvine
Company to develop only in accordance with the then current General Plan
and the dedications of land were in excess of those that would have been
required under law at that time.
Kathy Harrison, 1621 Lincoln, Chairperson of the City Arts Commission,
stated that all of the Ad Hoc Committee meetings, which were joint meetings
of the City Arts Commission and Board of Library Trustees, were duly
posted at City Hall. She emphasized that everyone is welcome to come to the
meetings, they want to talk to them, and do not want to start out
argumentative in any way. Mayor Noyes stated that, when there is a
controversial issue, the Ad Hoc Committee needs to make a list and either
mail or call the individuals to tell them about the next meeting.
Lucille Kuehn, 1831 Seadrift Drive, stated that her concern is to preserve
the Newport Beach Public Library's continuing excellence. Referencing City
Charter Section 708, she noted that, "the Board of Library Trustees... shall
have the power and duty to have charge of the administration of City
libraries and make and enforce such by -laws, rules and regulations as may
be necessary therefor." She stated that there is nothing in the Charter that
references anything that resembles a cultural arts center, yet the Trustees
have agendized the study of this subject for a long period of time. She
believed that this is a violation of the Charter and that the Ad Hoc
Committee has a history of circumventing procedures and channels. She
asked if a needs study has been conducted and indicated that she is opposed
to a feasibility study. She reported that volunteers, along with library staff,
conducted a needs study at no cost to the City a number of years ago while
studying the proposal for the main library on Avocado Drive. She indicated
that the area has the Orange County Museum of Art and that, as a member
of the Museum, she is unaware of a shortage of space for children's
Volume 53 - Page 412
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
educational and artistic opportunities. She indicated that a large
auditorium is needed but not a new building, and noted that the Friends of
the Library room is inadequate because of the setbacks set at that time.
However, she reported that the setbacks have changed for the benefit of the
development of the Corona del Mar Plaza. With the change, she believed
that the room size can easily be doubled and better acoustics, audio /visual
capabilities, air conditioning, and more seating can be provided. She stated
that the issue arose because of the shortage of seating for the popular
Distinguished Speakers Series. At the same time, she stated that the open
space adjacent to the library can be preserved, noting that it has one of the
most magnificent views and serves as one of the major gateways to the City.
Ms. Kuehn requested that Council let this exquisite site remain as a limited
public park, adding that it will add to the beauty and acclaim of Newport
Center. She asked that Council not be pressured by a small self- serving
group into unnecessary expense for the City in developing an unused
cultural arts center.
Mayor Pro Tem Adams clarified that the City will not be paying for any of
the studies and that it is his understanding that the Ad Hoc Committee is
proposing to conduct their own studies. Council Member Ridgeway added
that the Friends of the Library room can be expanded but there will still.be
inadequate parking at the library.
Roberta Jorgensen, 124 Coral, City Arts Commissioner and member on the
Ad Hoc Committee, reiterated that all the Ad Hoc Committee is asking for is
some momentum so they could proceed with a feasibility study that will be
completely privately funded through the Arts Foundation. She reported that
they already presented a needs assessment to the City at a study session and
that the feasibility study will look deeper into the needs (i.e. who will be the
potential users of the facility, the cost of the building, how big should the
building be, what programs need to be included, what is the income
potential, and what is the fundraising potential). She indicated that they
will be giving Council progress reports.
Allan Beek, 2007 Highland, agreed that it is time for a jump start on the
approved /designated use of the site which is to turn it into a park. He also
believed that the PB &R Commission should be charged with trying to get a
design for the park.
Elaine Linhoff, 1760 E. Ocean Boulevard, stated that she agrees with
Ms. Allen, Dr. Vandersloot, Ms. Beek, and Mr. Beek. She believed that, even
if the space is reserved, it creates a perception that Council has plans to
eventually approve the project and indicated that she is opposed to that.
David Carlson, 601 Lido Park Drive, believed that the speakers before him
learned the ultimate persuasive technique of using terms like "due process"
and "lack of information." He indicated that the request is a simple idea that
only asks for an acknowledgment that the Ad Hoc Committee has a window
of opportunity to raise funds. He stated that he is strongly in favor of the
request, hopes that Council does not defer the issue, and requests that
Council take action. Mr. Carlson stated that he has raised funds before and
that he personally would not pay serious attention to anything that did not
have a site associated with it and that a pledge cannot be banked unless
Volume 53 - Page 413
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
there was something substantive around it relative to a location.
Mr. Burnham expressed concern that representation will be made that the
site has been committed if members of Charter committees are raising
money for a project, even though that is not the intent of Council's actions
tonight. Further, the step that is being requested is bigger than the one he
believed Council was being asked to take tonight. He stated that the
Planning Director indicated to the Ad Hoc Committee that there are a lot of
things that need to be done before Council can evaluate what the project is
and what its impacts will be. None of those steps have been taken yet. He
indicated that he would like to look at some of the legal issues involved.
Motion by Mayor Pro Tern Adams to allow the City Attorney two weeks
to review the requests and make a determination; and provide staff the
opportunity to talk with the Ad Hoc Committee for the Arts and Education
Center to map out a process.
Council Member Debay reported that she attended several meetings at the
library with the Ad Hoc Committee and that they have spent a lot of time
and hard work on this and are not self- seeking.
Council Member Thomson stated that he could support the motion if it was
amended to have the Ad Hoc Committee present the project to the PB &R
Commission. Mr. Burnham indicated that he would also like to look at who
would be the appropriate body to represent the City at this stage of the
proceedings.
Mayor Pro Tern Adams reiterated that it is an excellent idea to combine the
Center with permanent open space and provide parking for a passive open
space park.
Council Member Glover stated that the City Arts Commission hired a
consultant two years ago to determine what they should focus on and that
she said she would like them to concentrate on the youth in the community.
She noted that there are two high schools in the community and believed
that the group can assist the schools by possibly adding a wing to them that
will address art and culture. She added that she regrets that the Council
she sat on made MacArthur too low so that you cannot get the ocean view
that you once did. She expressed the opinion that the site should be open
space and that not every space needs something built on it.
Council Member Ridgeway stated that it would be an injustice to send this
issue anywhere else but before Council since they set policies. lie indicated
that there is a conflict about this parcel even though we are all for the better
good of the City and for arts and culture, noting that the City does not have
a central performing arts center for the children. He expressed the opinion
that the Center is a wonderful idea and he supports it, and added that he
does not want to lose Mr. Gregory's enthusiasm.
Council Member O'Neil stated that it is probably a good idea to take some
time to try to come up with a project that accommodates a lot of different
uses. He indicated that he basically supports arts and culture in the City;
however, the property is looked at differently by the different groups in the
Volume 53 - Page 414
City of Newport Beach
City Council Minutes
June 13, 2000
W113�l:�
City. He pointed out that there is a small chance that anything will be
placed on the property and that there is no rush. He stated that he would
like to see the momentum and enthusiasm continue but there may be some
other areas where this use may be more appropriate. He asked if there is a
majority on Council that is willing to set aside this property for two years
and allow the project if they raise the funds and assemble a plan. He stated
that Council may not be able to do that legally and agreed that the decision
should lie with Council.
Mayor Pro Tem Adams reiterated his motion and agreed with Council
Member O'Neil that a decision will probably not take place in two weeks.
The motion carried by the following roll call vote:
Ayes: Thomson, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: Glover
Abstain: None
Absent: None
Noting a Council policy, Mayor Noyes announced that the meeting will not go
beyond midnight. He further announced that a 15 minute recess will take place at
9:45 p.m.
Regarding the Newport Dunes public hearing, Mayor Noyes assured the audience
that Council will not be voting on the project tonight. Further, the order for the
evening will be that staff will provide a report, Planning Commission Chairman Ed
Selich will provide a report on the process they went through, the applicant will
provide a presentation, the Environmental Quality Affairs Citizens Advisory
Committee will provide a presentation, and then the group of homeowners around
the Dunes will provide a presentation. He indicated that he is unsure if individual
public comments will be taken tonight due to the time constraint but noted that this
will be before Council at the June 27 Council meeting.
Mayor Noyes added that Agenda Item No. 29 will be considered prior to the public
hearings so that Council can confirm Board and Commission nominations.
PUBLIC COMMENTS
Bob Schoonmaker, 19 Canyon Island Drive, stated that he ran against
Mayor Noyes during the last election and that there were articles in the
newspaper regarding Mayor Noyes' background that he found disturbing.
He added that he did not care for the way the matter was addressed and
expressed the opinion that Mayor Noyes did not do the right thing and that
he should resign from his position as Mayor. Mr. Schoonmaker stated that,
when people run for City Council, as he will be doing in November, they
should have an open background. In fact, he recommends that the City or
the newspapers submit Council candidates to an FBI background check.
Bob Caustin, 471 Old Newport Boulevard, Defend the Bay, thanked City
staff for a congenial working relationship. He reported that Deputy City
Manager Kiff was appointed to a State water resource control board along
with himself in Sacramento. He stated that Defend the Bay is fortunate in
having broad based support and are in the process of hiring two full time
Volume 53 - Page 415
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
attorneys to represent Defend the Bay and the bay.
Council Member Debay stated that everyone admires Defend the Bay's work.
Noting that Defend the Bay is a non - profit organization, she asked if their
audits have been published for viewing. Mr. Caustin confirmed that their
tax statements are open for review and filed with the government. Council
Member Debay requested that Mr. Caustin bring her a copy to City Hall.
CURRENT BUSINESS
29. BOARD AND COMMISSION SCHEDULED VACANCIES -
Board and
CONFIRMATION OF NOMINEES.
Commission
Scheduled
Motion by Council Member Thomson to confirm the following
Vacancies
nominations; appointments to be made on June 27, 2000:
(24)
Board of Library Trustees (1 Vacancy - Jim Wood) [ 2 nominees]
William Adams and Walter Howald
City Arts Commission (2 Vacancies - Arlene Cartozian and Lyn
Belasco) [ 4 nominees]
Lyn Belasco, Arlene Cartozian, Patricia Stark, and Catherine Turco
Civil Service Board (2 Vacancies - Dayna Pettit and Clint Hoose, Jr.)
[4 nominees - Police and Fire Association Nominees] (Note: City
Charter requires 6 nominees, however there are only 4 applicants)
Timothy Brown, Paula Godfrey, Sidney Stokes and Douglas Wood
Planning Commission (1 Vacancy - Thomas Ashley) [2 nominees]
Shant Agajanian and Jeffrey Cole
Mayor Pro Tem Adams clarified that the Appointments Committee did not
participate in the nominations for the Civil Service Board. Those nominees
were selected by the Fire and Police Employees Associations.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
PUBLIC HEARINGS
24. FISCAL YEAR 2000 -01 PROPOSED BUDGET HEARING.
FY 2000 -2001
Budget
City Manager Bludau reported that Council had its third study session today
(40)
in which they reviewed the proposed fiscal year 2000 -2001 budget and the
capital improvement projects. He stated that the revenue and expenditure
Volume 53 - Page 416
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
summaries are included in the staff report and copies of the proposed budget
are available for review in the City Clerk's office, main library, and branch
libraries.
Mr. Bludau indicated that the public hearing is for the public to comment
and make any suggests or recommendations as to what should be included or
deleted in the budget. He reported that the budget will be before Council for
adoption at the June 27 Council meeting.
Mayor Noyes opened the public hearing.
Hearing no testimony, Mayor Noyes closed the public hearing.
Mr. Bludau indicated that no motion was necessary.
25. ADOPTION OF THE ANNUAL APPROPRIATION (GANN) LIMIT.
Res 2000 -54
Appropriation
Administrative Services Director Danner reported that the City is required
Limit
by the State Constitution each year to adopt an Appropriation (Gann) Limit
(40)
(proceeds of taxes) that the City cannot exceed. He stated that the limit is
computed annually and is checked and certified by the auditors to the State
Controller. He reported that the amount that the budget is under the Gann
Limit is $23,470,251.
Mayor Noyes opened the public hearing.
Hearing no testimony, Mayor Noyes closed the public hearing.
Motion by Council Member Debay to adopt Resolution No. 2000 -54
determining and establishing an appropriations limit ($83,745,471) for Fiscal
Year 2000 -01 in accordance with Article XIIIB of the California Constitution
and Government Code Section 7910.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
Motion by Council Member O'Neil to consolidate the consideration of
Agenda Item Nos. 26 and 27.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: None
26. VACATION AND ABANDONMENT OF PORTIONS OF UNUSED
Res 2000 -55
RIGHT -OF -WAY ALONG THE SOUTHERLY SIDE OF PACIFIC
Vacation and
DRIVE IN CORONA DEL MAR.
Abandonment/
Volume 53 - Page 417
City of Newport Beach
City Council Minutes
June 13, 2000
27. AMENDMENT TO FRONT YARD SETBACKS ON PACIFIC DRIVE
(PLANNING COMMISSION AMENDMENT 899) - AMEND
DISTRICTING MAP NO. 16 TO ESTABLISH A LOT -BY -LOT FRONT
YARD SETBACK FOR 13 PROPERTIES LOCATED ON THE
SOUTHERLY SIDE OF PACIFIC DRIVE BETWEEN AVOCADO
AVENUE AND THE WESTERLY SIDE OF BEGONIA AVENUE DUE
TO THE VACATION OF A PORTION OF THE PUBLIC RIGHT -OF-
WAY; AMEND SECTION 20.10.030 AND SECTION 20.10.040 OF THE
ZONING CODE TO ADD CLARIFYING LANGUAGE FOR
DETERMINING THE CALCULATION OF BUILDABLE AREA FOR
THE SUBJECT PROPERTIES.
City Manager Bludau reported that there are two different actions required
of Council. One is the action on the vacation and abandonment of portions of
Pacific Drive in Corona del Mar from the Public Works Department and the
second is an amendment to front yard setbacks on Pacific Drive from the
Planning Department.
Public Works Director Webb reported that the department received a request
to consider the vacation of a portion of Pacific Drive. He indicated that
construction of the original Corona del Mar tract started about 1926, but the
tract map dates back to the turn of the century. He stated that Pacific Drive
is generally 80 feet wide of right -of -way, is offset, and is not constructed
along the center line of Pacific Drive. He noted that the request for vacation
would be on the bay side of Pacific Drive and would vacate those portions of
the right -of -way in excess of 60 feet, measured perpendicular to the center
line. Additionally, the portion between Acacia and Avocado Avenues would
be vacated about 19 feet, and the portion between Acacia and Begonia
Avenues would be vacated about 12 feet. He reported that the right -of -way
is currently being used for patios, driveways, planters, and various other
uses that belong to the adjoining residences. Noting that the surveyors have
not conducted a formal boundary survey, he indicated that there may be
some very minor building encroachments into the right -of -way. Mr. Webb
also reported that it appears that some of the older buildings were built with
a zero setback and may come into the right -of -way by an inch or two. He
indicated that, if the portion was vacated, the new right -of -way line would be
three or four feet behind the existing sidewalk which gives a little bit of a
landscaped area that would be between the property line and the sidewalk
area.
Mr. Webb reported that, in order for Council to vacate this area, they must
make a finding that there is no present or future public use for the property
and there is no need for the property that is being vacated to be used for
non - motorized transportation (bike trails). He stated that the department is
neutral on the issue, but indicated that the area to be vacated is not
currently used by the general public.
Mr. Webb confirmed for Council Member Debay that, if vacated, the street,
curb, and sidewalks would remain where they are currently located and no
changes will take place.
Assistant City Manager Wood reported that the recommended change in the
zoning in Agenda Item No. 27 is to maintain the structures' setback line in
Volume 53 - Page 418
INDEX
Pacific Drive
Ord 2000 -12
PCA 899
Front Yard
Setback/
Pacific Drive
(90194)
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
the same physical location as it is today (5 feet from the existing property
line). Further, a different setback needs to be specified for each lot because
of the angle of the street (this is found in the exhibit to the proposed
ordinance). She stated that the result of the change would be that there will
not be structures any closer to Pacific Drive than there are today and no
further impacts from high buildings in that area. Ms. Wood did point out
that the zoning proposal does include the ability to calculate the vacated
area into the buildable area of the lot. This would afford the property
owners the ability to have more floor area in their dwellings, but they would
still need to maintain all other setbacks and height requirements of the zone.
Council Member Debay asked if the City was liable for anything that
happened on the property if it maintained ownership. City Attorney
Burnham stated that the City is not liable unless there is a dangerous
condition on the City property. He indicated that he is not aware of any
condition in that area that would be considered dangerous.
Mayor Noyes opened the public hearing.
Bill Edwards stated that he is an architect. He reported that the right -of-
way was originally slated to be the electric rail line about a century ago but
the railway concept was abandoned. The right -of -way remained the same
and was overlooked. He discussed how the lots were laid and past vacations
on Pacific Drive. He noted that there were no approvals required until
recently for these encroachments and, in time, the property owners assumed
it belonged to them.
Mr. Edwards reported that he has been working with the Bettingens for the
past two years in designing their improvements. He stated that they
discovered early on in the process that the height limits changed which made
the properties on the bay side of the street non - conforming, preexisting
structures. The Bettingens needed an expansion since the home only had
two bedrooms and their daughter and son were getting older. He stated that
they could have expanded upward in the home but chose a modest outward
expansion of the three levels down the slope. He also reported that it was
discovered that all the south side homeowners do not own their front yards
and driveways due to the abandoned rail line. He stated that they were told
that the City abandoned excess rights -of -ways all over the City but that this
one was overlooked but is a good candidate since it was wide and the street
and parkways are in the right location. He indicated that the Bettingens,
along with other residents, requested a greater abandonment and a
community meeting was held to inform people along Pacific Drive. He
pointed out that the front setback lines are to remain in its current condition
and reported that the abandonment will allow a portion of the small amount
of additional buildable area to each of the 13 southerly properties to be more
like the other properties in the area, but still less than the lots of equal
width across the street. He indicated that, with the approval of the
abandonment, the additional square footage for the Bettingen residence will
be placed down the slope which does not affect anyone. He stated that many
of the residents are concerned about the height issues and emphasized that
there is no change to the allowable buildable envelope. Further, the view
impact will be minimal and negligible, if anything at all.
Volume 53 - Page 419
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
Mayor Pro Tem Adams stated to Mr. Edwards that he finds it hard to believe
that the utility company had to tell them where the property lines were
located, especially since drawings had already been made. Mr. Edwards
indicated that the property lines, as they existed, were five feet, outside the
front door.
In response to Mayor Noyes' question, Associate Planner Garcia reported
that the 1.5 floor area limit starts at Avocado Avenue and goes through
Corona del Mar.
Council Member Glover asked what the floor area ratio (FAR) would be if the
area was abandoned. Ms. Wood clarified that the FAR will not change but
the buildable area that the ratio can be applied to will increase and varies lot
by lot. Ms. Garcia explained the exhibit attached to the supplemental report
that depicts the additional buildable area and additional square footage.
The FAR ranges from 200 to 700 square feet, depending on lot size.
Randy Lush, 2223 Pacific Drive, stated that he bought his house in
September 1999 and that the gentleman he purchased his house from did
not disclose to him that his front yard, just a few feet from the front door,
was City property and that it was not called out on his preliminary title
report. He added that he believes that there has to be some liability
involved, stating that he has tripped in his front yard before.
Mr. Lush stated that he spoke to Managing Appraiser Ted Willoughby of the
County Assessor's Office last Friday who indicated that the County has no
intentions of reassessing the properties if the abandonment is approved. He
indicated that all the information he received indicates that the proposed
changes would not allow anything to change above what is there at this time,
except that a few hundred more square feet is gained.
Jack Pautsch, 2204 Waterfront Drive, stated that he owns property on
Pacific Drive. He utilized a diagram to show what the property lines would
become if the vacation and abandonment was approved and emphasized that
the character of the neighborhood does not change.
Bill Cote, 3748 E. Coast Highway, stated that he has been a real estate
broker in the City for 31 years. He expressed his support of the vacation and
abandonment and the front yard setback amendment. He believed that this
does not affect any of the homeowners on the north side of Pacific Drive since
they can only go from 300 to 700 square feet on the view side toward the bay.
He added that it is not unusual for people not to be aware of their property
lines, especially in cases of abandonments.
Chriss Street stated that he is representing his father -in -law, Matt Cox, who
resides at 2235 Pacific Drive. He reported that Mr. Cox built the house in
1929 when Pacific Drive was the Pacific Electric Car right -of -way. He
indicated that it was Mr. Cox's understanding that, since there were many of
these right -of -ways that were abandoned during the 1960's and they were
not going to become a light rail, the right -of ways were all turned back to the
homeowners. He stated that some of the people on the street got educated
by this process and added that it seemed unusual that the front yards would
belong to the City. He indicated that he supports the proposals.
Volume 53 - Page 420
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
Robert Kendziorski, 2228 Pacific Drive, disagreed with Mr. Cote about views
not being impacted, believing that his and his neighbor's views would be
impacted since the extra buildable square footage could start to take away
the bay view of his second story. He believed that the rules are now
changing after people have paid premium for these views. He reported that
preliminary title reports do not state anything about property lines since
they are not surveys but just contains a chain of ownership. He indicated
that the City can give away the land if it wants to, but recommended that
Council not make the extra square footage buildable.
In response to Mr. Kendziorski's remarks, Mayor Pro Tem Adams stated
that he makes a good point relative to the views crossing the back of the lot
being affected by actions that stem from the proposed recommendations;
however, he reiterated that the view can currently be blocked without
adopting the actions. He stated that the approval would not change the
envelope on the lot. He noted that someone can now reconfigure their house,
keeping the square footage the same, and still block the view without asking
for any approval from the City or receiving any input from the adjacent
property owners. The only difference from before is that they can pick up
square footage after the action is approved.
Roger Pechuls, 2216 Pacific Drive, indicated that they requested to see story
poles so all the residents on Pacific Drive could visualize the project and see
what impacts would be placed on the residents. He stated that he does not
object to the Bettingens wanting to improve their property and make a
better home for their family, but does object to any possibility of his view
being impacted. He stated that he bought his property with the
understanding from the City that the height restrictions and square footage
on the properties would remain the same. He believed that there are a lot
more people against the abandonment than there are approving it.
Al Ross stated that he sent correspondence and indicated that he is not sure
why everyone is here tonight. He expressed his support and noted that the
Public Works Department is in favor of the recommendations, noting that
the property does belong to the City. He believed that the problem on Pacific
Drive lies with one neighbor who has created nothing but chaos by sending
out fliers and putting up signs. He added that he has also had trouble with
this neighbor. He reiterated that the taxes will not increase, the views for
those on the north side will not be affected, and no one can build out any
further than they can right now. He added that this situation also takes
liability away from the City, is a benefit to the residents, and does not cost
the City anything. He expressed the opinion that Council should not let one
dissident neighbor upset the entire neighborhood.
Doug Lax, 2224 Pacific Drive, took issue with Mr. Ross' statements and
stated that there is more than one dissident neighbor opposed to the
proposals. He indicated that he has signatures to verify his statements and
utilized a map to show who is opposed to and in favor of the proposals. He
expressed the opinion that the problem is that there is a great
misunderstanding by staff and the Planning Commission. He believed that
there is a potential impact on views since people can build up their
properties due to the new buildable square footage and expressed the
opinion that this is not fair for the residents on the north side. He
Volume 53 - Page 421
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
referenced the six page correspondence which accused him and the Vaughns
of circulating lies, but stated that they circulated the City prepared
information and received 600 signatures on the petition. Regarding their
efforts to educate people during the Corona del Mar 5K Run, Mr. Lax stated
that they did not coerce people to sign the petitions. He strongly urged
Council to end this issue tonight by denying the recommendations.
Mayor Noyes recessed the meeting at 9:45 p.m. and reconvened the
meeting at 10:00 p.m.
Christi Bettingen, 2215 Pacific Drive, stated that they discovered the oddity
on Pacific Drive when they were in the process of doing their remodel and
brought this to the attention of the City, but assured that they were not the
ones who created the problem since it was in existence for nearly 100 years.
Regarding not knowing that the portion of Pacific Drive did not belong to
them, she read the title description of the property. She indicated that the
situation is problematic for many of them and needs to be dealt with one way
or another. She stated that precedence has been set for an abandonment to
occur since a couple of homes have already received their abandonment
based on the right -of -way. She indicated that Pacific Drive is uniquely
beautiful and uniquely laid out, noting that they have 25 to 30 percent less
width in terms of the length of the street. She utilized drawings to show
that there would be more equity on the street if the proposals were
approved. Regarding people thinking that larger homes will now be built,
she pointed out that the larger homes are located on the north side of the
street. She stated that her house is 2,300 square feet and that they may get
an additional 400 to 500 square feet, although she indicated that she and the
majority of the homes on the south side will not come close to the maximum
square footage. Ms. Bettingen utilized a video to show that misleading
statements were used to acquire signatures on the petitions. Referencing
Mr. Lax's graphics, she stated that there were people listed as opposing the
project when they were actually in support of the project.
Smith Bacon, 2315 Pacific, stated that he does not understand how this
problem came about after 75 years. He indicated that he knew exactly
where his property was when he conducted his remodel and that they stayed
within their bounds no matter how difficult. He expressed concern relative
to future variances that may come up and stated that he opposes the
vacation and abandonment.
Billy Ying Ling, 2308 Pacific Drive, stated that the charm and character of
Corona del Mar is unique and is determined by many things like people,
architecture, and landscape. He indicated that they chose to become
residents of Pacific Drive because of the way it is. He noted that they had a
house in Corona del Mar previous and moved when they outgrew it. He
stated that they sympathize with the Bettingens but they had the
opportunity to purchase the property next to it, but that did not take place.
He questioned why this is necessary if there is no impact. He also noted that
there is a lot of construction and remodeling now being done within the
existing guidelines on the street and that there are no problems. Regarding
no increased taxation, he stated that he doubts Council will grant, in
perpetuity, a waiver for any future taxation on the properties. He
emphasized that there are many neighbors, including himself, who oppose
Volume 53 - Page 422
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
this and encouraged Council to vote against this.
Mr. Ying Ling indicated for Council Member Ridgeway that his house is
about 4,300 square feet. Council Member Ridgeway asked why he was
opposed to this if there was going to be no impact to him, noting that no one
can -build above their current height or beyond the setbacks, and the
buildable area is below the cliffs. Mr. Ying Ling believed that the vacation
and abandonment would give the ability to grant further variances to change
everything. He added that it is not fair to say that someone would tear down
their house to build up to the existing guidelines. Mayor Pro Tem Adams
stated that it is unreasonable to think that some of the older houses along
Pacific Drive are going to get rebuilt. However, it is not unlikely that they
would not be built up if they have not gone up to their entitled height. He
indicated that the fear of future variances should not enter into this
discussion, but to the extent that it has, he stated that it could be argued
that it would probably make people more likely to ask for variances along
Pacific Drive if the property is not vacated and to use the unused and
undevelopable right -of -way as a reason to request a variance.
Steven McNash, 2319 Pacific Drive, stated that he is ecstatic about the
abandonment and about the possibility of acquiring a few more feet.
Harry Westover, 2301 Pacific Drive, stated that his parents bought 2301 and
2305 Pacific Drive in 1937. He pointed out that he and his sister have lived
with the current condition since then and that Pacific Drive is a wonderfully
charming street in part because of the setback. He expressed his fear that
the street will lose its charm. He expressed the opinion that future
variances are more likely if the owner owns the land than if the City owns
the land, and no one can commit to what the secured property taxes will be
for future administrations. He stated that he also has concerns about people
receiving variances to build closer to the street. Council Member Ridgeway
noted that tonight's recommendations are not for a variance. Further, he is
not sure how an abandonment gives someone a greater right to ask for a
variance since they can currently ask for one now.
Harry Wallace, son of Dorothy Westover, 2305 Pacific Drive, stated that his
mother is now in support of Agenda Item Nos. 26 and 27 given current
information that was given to her. He indicated that he and his sister had
no knowledge that the property was not completely owned by their family,
but his mother knew. He stated that it is his and his mother's
understanding that, as written, the changes will not change the building
envelopes of any of the buildings on Pacific Drive or change the nature,
charm, or character of the block. He pointed out that this will just give the
owners on the south side true ownership of their property.
Allan Reumont stated that he is a friend of the Bettingens and supports the
vacation and abandonment. He reported that the neighborhood does not
currently have a community association and no one's views are guaranteed
anyway. He stated that he reviewed the Bettingen's video in its entirety
prior to the meeting and thought how the signatures were being collected
was appalling. He noted that people who do not live in the City were signing
the petition and that the petition should be taken with a grain of salt.
Volume 53 - Page 423
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
Richard Cooling, 2503 Eastbluff Drive, stated that he is an architect and
knew where the property lines were when he designed the Westover's house
at 2301 Pacific Drive. Regarding the abandonment, he emphasized that no
structures can be constructed any closer to Pacific Drive after the vacation
than they were prior to the vacation. He stated that he is sorry to see the
animosity in the neighborhood and expressed his hope that Council will vote
in favor of the abandonment.
Ann Stern, 49 S. Hampton Court, stated that she knows the Bettingens and
is appalled that some of the neighbors put up signs and banners calling the
Bettingens selfish. She believed that passing the abandonment is the right
thing to do and encouraged Council to do what is right and not tie influenced
by the other activities that are meant to distract everyone.
Dan Purcell stated that he was just a volunteer in the Corona del Mar 5K
Run and found himself in the Bettingen's video. He indicated that the 5K
Run is such a great community event but, unfortunately, runners were
confronted with signs about selfishness and a lot of misinformation. He
confirmed that a water table was set up that looked like it was part of the
event and reported that people were trying to get people to sign the petition
as they were running by. He believed that there are better ways of
presenting your case than what was done.
Nancy McNash, 2319 Pacific Drive, stated that she was also appalled with
the goings on at the 5K Run. She expressed her support of the abandonment
and does not see any reason why the abandonment should not pass, noting
that the City does not seem to be allowing any physical changes.
Grant Bettingen stated that he is in favor of the abandonment and noted
that he has lived on Pacific Drive since the 1970s. He believed that the
abandonment is the right thing to do and will benefit all the neighbors. He
stated that the healing process can start at this point in time.
Barbara Corbett, 2316 Pacific Drive, requested that Council not approve the
request by one resident and their architect to vacate the right -of -way. She
stated that a majority of the residents on the street are against the
abandonment and noted that they are the ones who have to deal with
whatever the affect. She indicated that she was in the 5K Run and that it
appeared that both sides were vying for the runners' attention. She reported
that there are no vacant lots on the bluff side of Pacific Drive and that most
of the houses that were built within the current rules are as large as is
suitable in the area. She believed that the community at large would best be
served by leaving the street as it is to conserve the beauty of the area both
from the Pacific Drive side and the Bayside Drive side, and by not changing
the buildable area. She noted that they made their positions clear and
requests that Council vote how the majority of the residents would want
them to vote.
Mayor Noyes confirmed for Mrs. Corbett that her correspondence was
included in the staff report.
Roger Ditman stated that he is a friend of the Bettingens. Regarding
possible impacts to Pacific Drive, he reiterated that there will be no change
Volume 53 - Page 424
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
in the setback or height limitations. Even though the one theoretical
possibility is that someone may choose to build higher if they have more land
to count as part of their parcel, no one has identified these properties, and
added that this is currently their right to build within the code without
asking for a variance. Regarding taxation, he stated that only the property
owners on the south side might suffer a higher valuation as a consequence,
but noted it was the people on the north side that were complaining about
the possibility that the people on the south may face higher taxes in the
future. Mr. Ditman indicated, however, that the impacts on the Bettingens
have been severe during this process to build something that will not have
an impact on anyone else on the street. He stated that he supports the
abandonment and supports the people on the south side of the street, despite
the fact that they should have been granted this a long time ago.
Paul Sigelman, 433 N. Camden, stated that he is a friend of the Bettingens
and an attorney. Regarding the City's current liability, he stated that he
sues every entity involved if someone gets injured on property that is part of
an abandonment. He noted that the petition indicates that people who were
for the abandonment were pushing the envelope, but the video showed that
they were telling people that residents can go forward and out into that
abandoned area, therefore, invalidating their own petition. He also pointed
out that the architect, Mr. Edwards, reported that the homes will be
dropping down and building below most of the existing structure so that
there is no affect to the line of sight.
Hearing no further testimony, Mayor Noyes closed the public hearing.
Council Member O'Neil stated that it is consorting to him that this quaint
two blocks in Corona del Mar can have this bone of contention which has
divided them so much and indicated that Council tries to glean as much of
the facts when listening to testimony. However, he noted that a lot of what
is said really is not relevant to how Council makes its decision when
emotions run high. He hoped that the healing process will start now. He
clarified that normally the City does not use its power or intervene in these
types of neighborhood disputes; however, he believed that Council must act
in accordance with staff recommendation based on the facts received from
staff, evidence submitted, and testimony received. He stated that he is
convinced that the abandonment on the street will not adversely impact the
residents on the north side of the street and that it is appropriate to abandon
Pacific Drive in the area proposed. He reported that precedence has already
been set, noting that Council did a similar action on Ocean Boulevard less
than a year ago. In a case in which the property is owned by the City where
there are driveways and private improvements encroaching onto easements,
he believed that it is prudent for the City to vacate the street right -of -way to
make the encroachments legitimate. He also agreed that the exposure to
liability is reduced by not owning the property. Referencing the staff report,
Council Member O'Neil believed that Council can also make the findings
that the road is no longer needed now or in the future for public right -of -way
purposes. Further, the amendment to the districting map to modify the
front yard setbacks along Pacific Drive is appropriate because it does allow
the homeowners on the south side of the street to recalculate their buildable
area to add 350 to 700 square feet down slope, and the height is not affected.
He expressed the opinion that the actions will not generate more variances,
Volume 53 - Page 425
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
but may even eliminate more variance applications and the need to have
these debates that have become so divisive and contentious.
Motion by Council Member O'Neil to adopt Resolution No. 2000 -55
ordering the vacation and abandonment of the street right -of -way in excess
of 60 feet in width along the southerly side of Pacific Drive (varying from
approximately 12.4 to 19 feet), subject to approval of Zoning Amendment
No. 899 on June 27, 2000, to modify property setbacks; direct the City Clerk
to have the resolution recorded by the Orange County Recorder subject to
the approval of Zoning Amendment No. 899 on June 27, 2000 (Resolution
No. 2000 -55 to become effective at the same time as Ordinance No. 2000 -12
which approved Amendment No. 899); and introduce Ordinance No. 2000 -12
approving Amendment No. 899 and pass to second reading on June 27, 2000.
Council Member Ridgeway stated that a right -of -way is intended to be used
for public purposes; however, it should be restored to private use if it has no
public purpose. He noted that the Public Works Director has said there is no
public use for this land.
Noting that he once lived on Pacific Drive, Council Member Ridgeway stated
that the most beautiful thing about the street was the gazebo and the rose
garden, but the character was changed substantially and no one objected
when they were removed. If there were objections, there was a very
gentlemanly, civil approach. He stated that the healing process should start
as he personally believes there is no impact.
Council Member Glover stated that there was an abandonment in her
district about five or six years ago and, to this day, people on the street are
not speaking to each other. She expressed hope that this neighborhood can
be above this sort of thing and not let this become a point of contention for
many years in the neighborhood.
Mr. Webb requested and received confirmation from the maker of the
motion, Council Member O'Neil, that the motion also includes the findings
that there are no present or perspective public use for the property, as well
as no motorized transportation use.
Mr. Burnham requested and received confirmation from Council Member
O'Neil that the resolution will take affect if, and when, the ordinance takes
affect.
Council Member Thomson reported that he must abstain from voting on
these issues. Noting that he is a real estate agent, he reported that he
represented the Bettingens when they sold their house to the Ying Lings and
is broker of record for the Cox family and Street family. Further, he stated
that he has funds in Mr. Bettingen's investment company.
The amended motion carried by the following roll call vote
Ayes: Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes
Noes: None
Abstain: Thomson
Absent: None
Volume 53 - Page 426
City of Newport Beach
City Council Minutes
June 13, 2000
28.
NEWPORT DUNES RESORT (NEWPORT DUNES PARTNERSHIP,
APPLICANT) -A GENERAL PLAN AMENDMENT, LOCAL COASTAL
PROGRAM LAND USE PLAN AMENDMENT, ZONING CODE
AMENDMENT, AND PLANNED COMMUNITY DISTRICT PLAN FOR
THE 100 -ACRE NEWPORT DUNES PROPERTY AND A
CONCEPTUAL PRECISE PLAN FOR A HOTEL AND TIME -SHARE
COMPLEX WITH CONFERENCE, MEETING, AND BANQUET
FACILITIES, RESTAURANTS, A HEALTH CLUB AND SPA, RETAIL
AND SERVICES AREAS, AND SWIMMING POOLS AND
LANDSCAPED GARDEN AREAS.
Regarding the Newport Dunes Public Hearing, Mayor Noyes reiterated that
Council will first receive reports from staff, Planning Commission Chairman
Ed Selich on the process they went through, the applicant, the
Environmental Quality Affairs Citizens Advisory Committee, and then the
group of homeowners around the Dunes. He stated that the meeting will be
adjourned at midnight.
Assistant City Manager Wood stated that she will not be going into detail
about this project but pointed out that, given the pounds of paper that staff
delivered to Council, there has obviously been a great deal of analysis. She
indicated that staff believes that they have a good planned community,
including design guidelines, that will give the City more input into and
control over how this project would be sited. Further, the environmental
impact report has covered all the issues, been prepared in a matter that
satisfies the requirements of State law, and tbat all but four of the
significant environmental impacts that were found have been mitigated.
Ms. Wood stated that the policy question for Council is whether the General
Plan Amendment should be approved, whether a project larger than that
allowed by the settlement agreement is in the best interest of the City, and if
the project provides enough benefits to the City so it outweighs the four
remaining environmental impacts that could not be mitigated (traffic at
Coast Highway and Marguerite, long term air quality, short term air quality,
visual and aesthetic impacts). She reported that Senior Planner Patrick
Alford, Traffic Engineer Rich Edmonston, Deborah Pracilio and Steven Ross
from LSA, and Heather Nix from WPA Traffic Engineer are present to
answer questions.
Ed Selich, Chairman of the Planning Commission, stated that the Planning
Commission is the primary advisory body on land use, planning, and zoning
matters. He indicated that Council requested that he explain the process the
Commission went through, the conclusions reached, and how they reached
them because of the time the Commission spent reviewing the Dunes project
and the number of meetings it held. He reported that the Commission
conducted two study sessions in the fall of 1999 to review the project and the
early environmental documentation. This also gave the Commission an
early orientation to the project and allowed them to present the project as a
discussion item at a later regular meeting. He stated that they started the
public hearing process in January which eventually totaled seven hearings
over five months. Noting the importance of public participation, he indicated
that they made all possible attempts to publicize the meetings through the
legal notification process, as well as using the local press. Mr. Selich stated
Volume 53 - Page 427
INDEX
GPA 97 -3(F)!
PCA 878
(45)
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
that they adhered to a strict three minute time limit on public testimony and
advised the public at the beginning of each meeting of the time limit and
encouraged everyone to present their points in outline form, give the
Commission new information to assist in the deliberations, and follow up
with written supplementary information to support their oral testimony. He
reported that they heard well over 100 speakers and that, even though they
were not conducting a plebiscite, speakers in favor and in opposition were
remarkably even in their numbers. He added that the Commission also
received hundreds of pages of letters, faxes, and emails, as well as telephone
calls about the project.
In trying to follow a logical path in deliberations so that the public could
follow the Commission's progress and participate in the deliberations,
Mr. Selich stated that the Commission started from the broad perspective of
whether or not the project was worth considering and sequentially narrowed
the deliberations down to project design factors and impact mitigation. He
reported that, at the end of each meeting, they carefully explained what had
been done that evening and, at the beginning of each subsequent meeting,
the Commission recapped where they were and what they were going to try
to accomplish that evening. They also kept track of each question raised and
then answered them in the staff report for the following meeting. He
indicated that the Commission feels that, with all this extra effort, those
citizens that wanted to participate in the deliberations had ample
opportunity to do so and have their testimony, oral and written, carefully
considered by the Commission.
Mr. Selich stated that the Commission spent hundreds of hours going
through the hundreds of pages of documents and studies, as well as visiting
the site and public and private properties that had the potential to be
impacted by the project. He indicated that, in his 20 some years as a
professional planner and developer, he has never seen a project so
thoroughly analyzed by a planning commission, public participation so
actively sought, and so much time spent to insure that a proper decision and
recommendation to the legislative body was rendered. He noted that the
Commission's recommendation was unanimous, although individual
members may have preferred something slightly different here and there.
Mr. Selich indicated that the Commission deliberations began with the basic
question of whether the project had enough merit to pursue or whether it
was so out of character and scale with the community that it, should not
move ahead. He reported that the Commission was advised by the City
Attorney that the baseline for consideration is the 1983 Settlement
Agreement as amended. He noted that the agreement provided for the
development of a 275 room /500,000+ square foot hotel and ancillary uses.
Although there is a proposal for a 165,000 square foot/275 room facility
which was previously done, the Commission determined that the baseline is
what is permitted under the settlement agreement and is much broader than
the proposal. The Commission concurred that the spirit of the settlement
agreement should be honored but that no agreement is perfect and, if a
better project can result and be within the spirit of the agreement, then they
would be remiss in their duty to the City if they did not pursue the improved
project. He reported that the Commission concluded early on that the
proposal had sufficient merit to warrant serious consideration but only if it
Volume 53 - Page 428
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
could be demonstrated that it was a sigmiicantly better project than that
which is permitted under the settlement agreement, is of benefit to the
greater community, and all the impacts upon nearby and adjacent properties
could adequately be mitigated.
Mr. Selich reported that they then proceeded to evaluate the proposal's
location and access. Regarding the location, the Commission had staff and
the applicant evaluate alternative locations for the hotel, possibly the other
side of the lagoon. The Commission determined that this was not feasible
primarily due to the narrow configuration of land area between Backbay
Drive and the lagoon, which would have made for a long, narrow structure.
Further, it was determined that it would be difficult to relocate the RV area,
day use parking, and boat launching facility. The Commission determined
that the proposed location of the hotel was the most appropriate location
considering the existing uses and the size and configuration of the Dunes
property. Regarding alternative access to the hotel, the Commission again
had staff and the applicant evaluate access to the hotel (all access coming
from Backbay Drive and employee and service traffic only on Backbay
Drive). He reported that the analysis concluded that, in order to provide
access from Backbay Drive, there would be a significant loss of RV spaces
and that a parking structure would be required to make up the lost day use
spaces that would be converted to RV use to maintain a minimum number of
RV spaces. The Commission determined that the loss of RV spaces, the cost
of providing day use parking, and the inefficient site layout that would be a
result was not worth the advantages gained by primary access being taken
off Backbay Drive. However, the Commission did determine that the
employee and delivery traffic could come through the RV Park and take
some of the traffic off of Backbay Drive.
Mr. Selich expressed the Commission's concern that the hotel fit on the site
and did not appear to be too massive or inappropriately scaled to its
surroundings, about view blockages from both public and private
perspectives, and how the hotel structure would appear from various public
and private viewpoints. Rather than use story poles on a structure of this
size, the Commission encouraged the applicant to make maximum use
contemporary computer modeling techniques to provide visuals of what the
completed project would look like. Additionally, they decided to erect
balloons at key high points of the structure to supplement the computer
analysis. He indicated that they publicized the 10 -day period in which the
balloons would fly as much as possible in order for the public to be able to see
them. He reported that the balloon experiment was met with mixed results;
however, the Commission felt that they had a good feel for how the project
would appear when constructed.
Following this, he stated that the Commission dealt with size, height, and
bulk issues. The Commission felt that the three story timeshare units on the
water adjacent to the marina and across from Dover Shores were too high.
He stated that they received testimony from residents that they felt the
structure would have a great impact on them. He indicated that the
Commission felt that a more gradual transition from the water to the highest
points of the hotel was more desirable, so the Commission lowered the
timeshare units to two -story structures, generally the same height as on two -
story single family homes on the bay. Regarding the overall height of the
Volume 53 - Page 429
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
structure, the Commission felt that limiting it to 38.5 feet in the settlement
agreement would create a monotonous box devoid of architectural character,
but that tower elements and variable roof lines all add interest and
character to a building of this size. However, the Commission did feel that
the overall height was a little too tall for the site and removed the fifth story
element with a commensurate reduction in the height of the elevator towers
and other architectural features. Additionally, the Commission discussed
lowering the first level of the parking structure underground, but felt it was
not worth the cost. He stated that the applicant worked out a revision to the
grading to allow the site to be reduced two to three feet to further reduce the
height of the structure in relationship to its surroundings.
Mr. Selich stated that they received testimony from Bayside Village
residents who felt that the hotel was too close to them and they would have
noise and view impacts. He reported that, with the reduction of height,
square footage, and number of rooms, it was possible for the parking
structure to be moved an additional 40 feet from Bayside Village and the
loading dock reoriented away from Bayside Village. This resulted in a
reduction of 30 rooms and 25 timeshare units. He reported that the
Commission also limited lock-off units of 25 timeshares to be used as
50 hotel rooms. He stated that, using the room count methodology, there are
a total of 470 hotel rooms. He indicated that the structure then became a
four story building with 12 percent of the foot print at a four story height
and an additional four percent over 38.5 feet, for a total of 16 percent of the
footprint exceeding the height permitted in the settlement agreement.
Mr. Selich reported that they received substantial public testimony on the
size and operation of the conference facilities. He stated that the
Commission wanted to make sure the City would have a hotel with
conference facilities and not a convention center that happened to be part of
a hotel. Further, they wanted to have the facility sized to meet community
needs but allow sufficient size to allow the hotel to operate at optimum levels
on a year round basis. He stated that the Commission received testimony on
the need for additional conference space for local community events. This
was supplemented by a conference space study conducted for the City a
couple of years ago and the Commission also studied other similar hotels and
the amount of conference space they contained. He reported that the
Commission initially cut the conference space, but partially restored it to a
level they felt would provide the needed meeting space and allow the hotel to
perform at optimum level due to additional information from the applicant.
Mr. Selich stated that the foremost impact to consider was traffic, but noted
that hotels generate less peak hour traffic than other uses. He reported that
the reduced size brought the project to a size that made traffic neutral in
comparison to the provisions of the settlement agreement. He pointed out
these traffic numbers have been carried in the City's General Plan and
traffic studies for nearly 20 years. Following testimony and study, the
Commission concluded that, although reasonable people can disagree on
methodology and assumptions, the traffic study was consistent with the
City's methodology and historical assumptions and that it was a reasonable
projection of the project's impact upon the circulation system. He reported
that both the Traffic Phasing Ordinance and long range analysis did not
indicate any traffic problems that could not be mitigated, other than the
Volume 53 - Page 430
City of Newport Beach
City Council Minutes
June 13, 2000
INDEX
Coast Highway/Marguerite intersection which has a long range problem
with or without the project. Regarding concerns expressed by the public that
the Bayside Drive and Coast Highway intersection, bridge across the bay,
and Bayside Drive would be severely impacted, he stated that the
Commission felt that the traffic studies did not support those concerns.
However, the Commission did approve a gated entry concept to be shared by
Bayside Village and the hotel as a way to ensure that Bayside Village would
have less of an impact from the hotel.
Mr. Selich stated that parking was a major concern for the Commission and
the public that testified. He reported that the parking demand analysis
concluded that there was sufficient parking if the entire Dunes property was
considered. However, the Commission was sufficiently concerned about this
to condition that a Parking Management Plan be developed and brought
back to the Commission for review and approval. Further, he reported that
the Commission added conditions on noise control that was more restrictive
than the current noise ordinance; added conditions for a detailed lighting
plan; and the mitigation measures contained in the Environmental Impact
Report place a host of water quality conditions on the project to ensure that
the water quality of the bay is maintained. He reported that the
Commission also placed quality and design controls in the development
agreement and Planning Commission zoning text to ensure that the project
is constructed to the highest standards and subject to further review by the
Commission for detailed architectural design, including color and materials,
detailed landscaping, parking and parking management, and onsite
circulation and access. Through the Planning Commission zoning text, the
Commission was also able to get an improved public walkway system around
the lagoon which will be more inviting and pedestrian - friendly to the public
than what presently exists.
Mr. Selich indicated that he compiled a comparison of what he thought were
the 13 most important aspects of the project and how they compared under
the settlement agreement and the proposed project. The following is a
summary of the comparison
Issue Settlement Agreement
1. Traffic about 4,000 trip /day
2. Height 3 story; 38.5' maximum
3.
Floor Area
530,000 sq. ft.
4.
Rooms
275 rooms
5.
Conference
400 people; no max sq. ft.
6.
Location
No control
7.
Building
No control
Design
8.
Site Design
No control
9.
Noise
No control above noise
ordinance
10.
Lighting
No control above ordinance
Recommended Proiect
about 4,000 trip /day
Traffic neutral with permitted project
4 story; 16% above 3 story.
62' (72' msl) at elevator tower.
52.5' (62.5' msl) at 4th story.
Within 4' of Bay Club tower,
10' below average bluff height.
581,000 sq. ft., 10% increase
470 -150 RVs = 320 - 275 =45 net increase
31,000 sq. ft.; peak hour control,
maximum number in summer
Control location through use permit
Control design features & quality with
use permit & development agreement
Control site design through use permit
Control through use permit
Control through use permit
Volume 53 - Page 431
City of Newport Beach
City Council Minutes
June 13, 2000
11. Water No additional be
Quality
12. Environ. None required
Review
13. Improved No ability to get
Public Access
INDEX
Upgraded drainage devices; improve
water quality
Full environmental review required
Improve public access through
Planning Commission regulations,
development agreement
Mr. Selich expressed the opinion that the project, as revised by the
Commission, did meet the overall test of being significantly improved, of
being of value to the greater community, and containing improved impact
mitigation measures, and therefore worthy of recommendation to Council.
Mr. Selich noted that his presentation did not mention the financial or fiscal
impacts to the City. He stated that, while these cannot be ignored, they did
not play a major role in their discussions even though they received a
presentation relative to fiscal impacts. However, he noted that, if the
presentation showed a negative impact on the City's fiscal balance, it would
have undoubtedly played a larger role.
Mr. Selich stated that the presentation was a very superficial overview of
what the Planning Commission did and, by no means, adequately reflects
the hard work he and the Commission did in crafting the recommendations
presented to Council tonight. He indicated that the Commission believes
they forwarded a set of recommendations that will allow for a greatly
improved development compared to what would be experienced if
development were to move forward in accordance with the existing
settlement agreement. He concluded by stating that the project is slightly
larger, but is also greatly improved. He stated that Planning Commissioners
Anne Gifford and Larry Tucker are also present tonight.
Council Member Debay asked Mr. Selich to give a copy of his presentation to
the City Clerk and also requested a copy for herself. She further encouraged
the reporters to use the presentation as a reference.
Robert Gleeson, applicant, Newport Dunes, stated that his presentation is
about 45 to 50 minutes long and suggested that he not begin if the meeting is
to end at midnight. He indicated that it might be more appropriate to
continue this to the next meeting.
Mayor Noyes suggested that the meeting be adjourned at this time. Council
Member Ridgeway noted that he will not be in attendance at the next
meeting.
Council Member O'Neil suggested conducting a special meeting or starting
the meeting earlier due to the advantage of having continuity in the
presentations. Following discussion, it was the consensus of Council to
continue this item to the June 27 meeting at 6:00 p.m. City Manager Bludau
stated that he will try to keep the agenda lean since this is the major topic.
Council Member Glover commended Mr. Selich on his presentation. She
stated that she is very proud of the City's Planning Commission and that it
is probably the best the City has ever had. She indicated to Mr. Selich that
Council may want him to give his presentation again to have continuity.
Volume 53 - Page 432
City of Newport Beach
City Council Minutes
June 13, 2000
MOTION FOR RECONSIDERATION - None.
ADJOURNMENT - Adjourned at 11:35 p.m. to a regular meeting on June 27,
2000 at 6:00 p.m. in memory of Renee Segerstrom and wishing Maintenance
Worker I Gary Prather luck in his recovery.
xxxxxxxxxxxxttttttttxxxxxxxxxxx
The agenda for the Regular Meeting was posted on June 7, 2000, at
3:40 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
Volume 53 - Page 433
INDEX