HomeMy WebLinkAbout01 - 12-10-02 and 12-17-02January 14, 2003
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting DRAH
December 10, 2002 - 4:30 p.m. INDEX
— 4:00 p.m
r, r, r,r,r,rx,r,r,r,r,r,r,r,rr,r,r,r
A. RECESSED AND RECONVENED AT 4:30 P.M. FOR AN ADJOURNED
REGULAR MEETING
B. ROLL CALL
Present: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor
Ridgeway
Absent: None
C. . CLOSED SESSION REPORT
Mayor Ridgeway announced that Council approved a settlement proposal in
the lawsuit filed by the Balboa Arbor Society, but it will not be final until action
is taken by the Balboa Arbor Society. He stated that, at such time as the
settlement proposal is accepted, the details of it will be made available in the
City Clerk's office. He announced that the vote was unanimous.
D. PLEDGE OF ALLEGIANCE — Council Member O'Neil.
E. INVOCATION — Reverend Vincent Gilmore, Parochial Vicar, St. John
the Baptist Catholic Church of Costa Mesa.
F. AIRPORT ISSUE
1. JWA SETTLEMENT AGREEMENT AMENDMENTS —
PROPOSED MODIFICATIONS TO AMENDMENTS APPROVED
JUNE 25, 2002.
Council Member Glover reported that she went before the Board of
Supervisors this morning and announced that the Board adopted the
proposed modifications being considered tonight. She introduced Alan
Murphy, John Wayne Airport (JWA) Director, and stated that he has
done a superb job in working with the Air Transport Association (ATA)
and the Federal Aviation Administration (FAA) in Washington D.C.
She noted that, for the last four years, she has been going to
Washington D.C. about every two weeks.
Council Member Glover reported that Council formed the JWA
Settlement Agreement Extension Committee 2% years ago when
Council first asked the Board to extend the terms of the settlement
agreement. She stated that she was the Chairperson of the Committee
that also included Council Members O'Neil and Proctor. She noted that
the Committee's objective was to extend the JWA Settlement
Volume 55 - Page 504
C -2535
JWA Settlement
Agreement
(38)
City of Newport Beach
City Council Minutes
December 10, 2002
INDEX
Agreement on terms that protect the quality of life of everyone who is
impacted by JWA operations. She stated that the City initially asked
the Board to approve a 20 year extension with the same terms and
conditions; however, they quickly realized that this request did not
have the support of the Board, the airlines, the FAA, and other Orange
County communities. Council Member Glover reported that the
Committee proceeded to work with the Board and Mr. Murphy and his
staff to develop three extension scenarios. She noted that the City paid
for and participated in the preparation of an Environmental Impact
Report (EIR) that was completed in three months. She commended the
City Manager and City Attorney who helped make that happen in this
timeframe. She stated that, at the same time, the Corridor City
Coalition was formed and the City implemented an extensive mail
program directed at corridor city residents. She reported that the
Committee, its corridor city colleagues, and 30,000 corridor city
residents encouraged the Board to approve Scenario 1. She indicated
that those efforts led to unanimous Board approval on June 25, 2002.
She added that Council, Stop Polluting Our Newport (SPON), and the
Airport Working Group (AWG) also agreed to amendments that were
consistent with Scenario 1.
Council Member Glover announced that the Committee worked very
hard to obtain Countywide support for Scenario 1 and is very aware of
the obligations, not just to the City's residents, but also to the
thousands of corridor city.residents who supported their efforts. She
emphasized that they would not recommend any modification to
Scenario 1 unless they were convinced that the changes would not
adversely impact the residents and they receive some assurance from
the FAA that the modifications are consistent with Federal law and
grant assurances. She stated that the City retained Landrum &
Brown, an airport planning firm, to carefully evaluate the proposed
modifications.. She reported that, based on their analysis and the study
conducted by the County, they are confident that the increase in gates
and passengers will not have a significant adverse noise or street/traffic
impact.
Council Member Glover reported that the Committee is recommending
that the Council approve the proposed modifications with the condition
that the City receive an opinion from the FAA's Chief Counsel that the
amendments are consistent with the Airport Noise and Capacity Act
(ANCA) and other Federal laws. She noted that the opinion will
provide the community with protection against legal or administrative
challenges that could threaten the existence of the settlement
agreement. She stated that the Committee and the legal team, which
included Steve Pflaum and Clem Shute who negotiated the 1985
Settlement Agreement, strongly believe that the FAA opinion justifies
the proposed increases in gates and passengers.
Council Member Glover expressed her hope that everyone understands
that the Committee's recommendation does not reflect what the City
would like to see, but reflects the best the City can do in an imperfect
world. She emphasized that her initial objective, which was also
shared by other Council Members, was to obtain a 20 year extension
with no increase in the number of flights, passengers, or gates. She
Volume 55 - Page 505
City of Newport Beach
City Council Minutes
December 10, 2002
INDEX
assured everyone that no one on Council takes any pleasure in
authorizing additional passengers or gates; however, Newport Beach
does not own the airport. She noted that the law changed dramatically
in 1990 and what is being recommended reflects the best possible
agreement that can be obtained.
Council Member Glover stated that she has consistently said that this
Council is the most professional and informed group she has worked
with in her years on Council, adding that she believed that only this
Council could do this. She indicated that she is sure the Committee
shares her opinion that, without the support and special skills of this
Council, the City would not be poised to approve a settlement
agreement extension that will be accompanied with an FAA opinion.
Council Member Glover thanked Council, SPON, AWG, Congressman
Cox, and the entire Orange County Congressional delegation for their
support. She emphasized that this has been a team effort to collectively
achieve the long term protection of the community and quality of life.
She added that she appreciates this Council, the City Attorney, and the
City Manager.
Motion by Council Member Glover to 1) authorize the City
Attorney to execute amendments to the Eighth Supplemental
Stipulation (Amendments) by the County of Orange, City of Newport
Beach, Stop Polluting Our Newport, and the Airport Working Group of
Orange County, Inc. (USCD Case No. CV 85 -1542 TJH (MCx)) that
modify certain terms approved by the Settling Parties on June 25, 2002
subject to the following conditions: a) that the Amendments are
consistent with Exhibit A; b) confirmation that the other Settling
Parties have authorized execution of the Amendments consistent with
Exhibit A; and c) that the City Attorney execute the Amendments
immediately after receipt of a letter from the FAA, satisfactory to the
City Attorney in form and content, confirming, among other things,
that approval and implementation of the Amendments are permitted by
and are consistent with all provisions of federal law or which FAA has
implementation or enforcement responsibilities, as well as the County's
existing grant agreements with the FAA; and 2) in conjunction with
these authorizations and after review and consideration of the
Addendum to EIR 582, make appropriate findings and authorize staff
to record a Notice of Determination.
Council Member O'Neil stated that the motion is appropriate in order
to maintain the future quality of life from the impacts of JWA. He
noted that JWA will not go away, even though everyone knows that the
ultimate solution for handling the air transportation and cargo needs in
this area is to have an airport at El Toro. He stated that the City has
not absolutely given up on this. He reported that the City has some
control over JWA, with the cooperation of the County, through the
settlement agreement. He noted that this only came together with the
help of Mr. Murphy and his staff, and the support of the Board who
owns and operates the airport, AWG and SPON, Council, the corridor
cities, and the Congressional delegation. Further, the door was kept
open for further discussions with ATA and the FAA to ensure that they
were okay with this so the City did not have to spend the next five to
Volume 55 - Page 506
City of Newport Beach
City Council Minutes
December 10, 2002
INDEX
ten years in court defending the agreement. He stated that it looks like
the City is on the threshold of a deal that he believes is worthwhile. He
added that it is prudent to proceed in this direction. He stated that he
is proud to be able to vote on this.
Council Member Proctor stated that he concurs with everything that
has been said. He indicated that he was on the Airport Commission
when this issue originally came up. He noted that he would not have
believed a year ago that this was possible. He indicated that, once the
potential for El Toro was taken off the table, he feared that it would not
be possible to extend the settlement agreement that would hold up in
court. He emphasized that this collaborative process is a win -win
situation, adding that he feels it will not be detrimental to the City and
corridor cities. He stated that he is confident that the FAA and the
airlines will see the wisdom in moving forward. He commended
Council and everyone who worked hard to get here when the potential
of it not happening a year ago was high.
Council Member Glover commended Jack Stranberg from California
Strategy, Allan Beek from SPON, and Barbara Lichman from AWG for
their work in the Committee and for their contributions.
Ann Watt stated that she believed about 2% years ago that the El Toro
issue had taken a turn and that Newport Beach was no longer pursuing
it. She believed that Measure W was a critical vote for the City, but the
City did not adopt a resolution against Measure W, did not have a "get
out and vote" campaign, and hired the political consultant that had ties
to a Huntington Beach Council Member that was a pro - developer for El
Toro and the surrounding land use. Further, the City voted for Peter
Herzog to be on the Local Agency Formation Commission (LAFCO)
instead of Lucille Kring of Anaheim. She indicated that she was told by
a Council Member that El Toro was dead prior to the election. She
stated that Newport Beach made this agreement, not the County, but
believed that the County should have made this demand and the EIR
so citizens could sue to possibly make E1 Toro the alternative airport
site. Ms. Watt stated that they are now facing a 30% increase over ten
years in flights, noise, and pollution on a short runway with a quirky
takeoff pattern. She believed that this is an aviation disaster.
Tom Naughton stated that the Board, the City, AWG, and SPON
initially agreed that Scenario 1 made sense; however, the FAA and ATA
were omitted from those discussions. He reported that, from that point
until tonight, they have involved the airlines who understands the
situation and agrees with Scenario 1. Further, the FAA will hopefully
provide a letter endorsing the scenario. He indicated that AWG
supports the City regarding the settlement agreement.
Charles Griffin, 732 Bison Avenue, thanked Council but asked that
they not say that the City is not going to be unacceptably impacted. He
indicated that he has endured the impacts for 40 years, along with his
children and now grandchildren. He noted that Measure F was like a
poll and that the outcome showed that a majority of people in Orange
County want an airport at El Toro. He stated that this was reiterated
by Measure B. He suggested that, since Los Angeles or Long Beach
Volume 55 - Page 507
City of Newport Beach
City Council Minutes
December 10, 2002
1
does not want to expand at El Toro or approach the Navy to lease the
runway, the City should utilize Council Members Proctor and Adams'
expertise and ask the Navy to lease the north -south runway and
operate it as a national airport. He indicated that he is not happy with
any expansion, believing that the runway can grow another 1,000 feet.
He reported that the GPS system has been proven last month to
provide precision approaches to 40,000 airports throughout the country.
He stated that this means 767s will be able to operate there. He
indicated that this may not be entirely bad since more passengers can
be carried out using fewer flights. He asked the City not to give up on
El Toro.
Shirley Conger, Corona del Mar, stated that, if a frog is thrown into a
pot of boiling water, he immediately jumps out. However, if the water
is gradually heated, the frog is unaware of the incremental heating and
fails to escape. She likened the frog to the City's incremental increases
at JWA. She stated that this is a bigger jump than before and that the
change will be so gradual that the increases in noise, traffic, and
pollution will hardly be noticed until one day the City realizes its
gradual destruction. She indicated that JWA currently has 1,000
flights a day (500 approaches and 500 departures) with 240 to 280
being commercial jets. She stated that the remaining 750 flights are
private aviation and corporate jets which are limited only by noise
level, not curfew. She reported that the commercial jets produce about
8 million annual passengers (MAP). She indicated that the website
reports that there are 73 commercial jets per day which are the noisier
planes; however, Class E planes that are less noisy are not included.
She noted that there are no quiet airplanes or jets. Ms. Conger
indicated that she cannot hear a person speaking next to her when she
is at the YMCA which is about a mile from the airport. She stated that
the City is considering signing onto an extension of the settlement
agreement that goes to 2015, but increases the MAP to 10.8 MAP. She
indicated that, if the City fails to sign the agreement, the original
settlement agreement expires January 1, 2006, and JWA will be
controlled by the FAA and the airlines. She agreed that the City is
between a rock and a hard place and will lose some of its quality of life
either way. She believed that the only sure way to limit traffic at JWA
is to open El Toro where no one is in the noise zone.
Council Member Heffernan stated that, when he looked at the proposed
settlement and JWA's real estate pad, he saw the City's exposure as
being general aviation. He indicated that, if they are moved off the
field or to one end of the field, the real estate will be attractive for an
expansion of flights. He noted that those flights are currently not
permitted because private jets and planes are currently on the real
estate pad. He emphasized that the City is lucky to have gotten this
because the rest of the County has very little care about the City's
plight and what environmental impact occurs to it. He added that the
City has very little leverage to do much else and applauded Council for
negotiating this. He stated that this is the best the City can do, noting
that it is not perfect. He indicated that the City should accept it.
Mayor Pro Tem Bromberg concurred with Council Member Heffernan.
He stated that, when this proposal was first brought to Council, he was
Volume 55 - Page 508
City of Newport Beach
City Council Minutes
December 10, 2002
probably the most skeptical and critical of it because he lives under the
flight path on Balboa Island. He indicated that his biggest concern,
before this proposal, was about what would happen in 2015. He
emphasized that the City does not own or control JWA. He reported
that JWA is the only airport in the country that has these types of
restrictions. He noted that ANCA states that they cannot enter into
new agreements. He stated that the City hired some of the finest
airport lawyers who told them that the proposal could be classified as
an amendment to the 1985 agreement and, if sued by the airlines or the
FAA, the City would have a good chance of winning. However, he
talked to people who work with the FAA in litigation who stated that
this was not a great deal but was a good deal for the City. He believed
that, if the City went to litigation and lost, there would be open skies
over Newport Beach, which would destroy the City's property values
and quality of life. Mayor Pro Tem Bromberg reported that the ATA
wanted additional flights in addition to what was agreed upon, but the
City said no. He indicated that, if/when the City has to address this
issue again with the County, the City will have a letter from the FAA,
which he has seen a draft of, that does not let any airline or anyone else
come in and say that the City cannot do this. He stated that the FAA
letter states, in part, that what is being done is consistent with ANCA.
He believed that this is the best proposal for Newport Beach.
Mayor Ridgeway stated that the City did not agree to add six of the
noisiest flights. Mayor Pro Tem Bromberg noted that the configuration
of the additional gates is strange, but may actually reduce the amount
of flights departing from 7:00 to 9:00 a.m.
Mayor Ridgeway believed that this is a momentous occasion. He
explained that the proposal generally takes the FAA out of the equation
from 2015 and beyond. He added that the curfews will continue until
2020 under this proposal. He stated that the future negotiating parties
are the Board of Supervisors and Council.
Mayor Ridgeway stated that he sits on the Southern California
Association of Governments (SCAG) Aviation Task Force and the
Transportation and Communications Committee (TCC). He reported
that SCAG is required to complete a transportation plan every three
years which also looks at airport demand and street patterns. He
indicated that general aviation has a strong lobby. He stated that the
Ontario Airport will probably take the demand from South County and
the goal will be to create adequate road patterns from South County
through corridors that have been approved by the TCC and SCAG.
Mayor Ridgeway expressed hope that technology will be created in the
next 10 to 20 years that decreases noise level. He expressed his
gratitude for Council Members Glover, O'Neil, and Proctor.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
Volume 55 - Page 509
INDEX
City of Newport Beach
City Council Minutes
December 10, 2002
M
Presentation of gifts to outgoing Council Members Norma Glover and
Dennis O'Neil by Mayor Ridgeway.
Mayor Ridgeway, on behalf of the entire Council, presented Council Member
Glovers and O'Neil with gifts.
Presentations by other community leaders and public officials.
Michelle Hart, representing Senator Johnson and Assemblyman Campbell's
offices, presented Council Members Glover and O'Neil with proclamations. She
stated that one of the first people she became acquainted with when she came
back to this area from Sacramento was Council Member O'Neil. She indicated
that she was sorry she did not get to work more with Council Member Glover.
She reported that, on behalf of the State delegation, they are proud of the work
Council Members Glover and O'Neil have done to serve Newport Beach.
Mayor Ridgeway introduced past Mayors Evelyn Hart and Jan Debay, and
former Council Member Lucille Kuehn who were present in the audience.
Captain Jim Fournier, representing Congressman Cox's office, reported that
Congressman Cox delivered a Congressional Record about Council Members
Glover and O'Neil, dated December 10, 2002, that anyone in the country can
read when they visit a public library. He read Congressman Cox's statement
and presented them with a copy of the Congressional Record.
Mayor Ridgeway presented Council Members Glover and O'Neil with City
plaques.
Remarks by outgoing Council Members Norma Glover and Dennis
O'Neil.
Council Member Glover stated that being on Council and in local politics is
about people and indicated that she served five years on the Planning
Commission and eight years on Council. She stated that she ran on the same
ticket with Council Member O'Neil which was sponsored by the Chamber of
Commerce and believed that, in the last two years, she has come to respect him
more than any man other than her husband. She pointed out that he is all the
things that she was brought up to respect about people - civil, a gentleman, and
handles situations in a fair way. She believed that Council Member O'Neil is
the type of person the City has had on Council. She stated that, when she ran
for Council, she never said anything negative about the City, but only wanted
to do as well as the people that served prior to her.
Council Member Glover believed that Rae and Stan Cohen's family epitomizes
what is wonderful about Newport Beach. She stated that Stan Cohen has
written books and newspaper columns, and Rae Cohen has worked to make the
Newport Theater Arts Center what it is today. Further, their children have all
gone to school in the City and have grown up to become wonderful citizens.
Council Member Glover stated that she has enjoyed working with the guys on
Council. She added that she was very encouraged by the election this year
because some people have turned negative about the City. She emphasized
Volume 55 - Page 510
INDEX
City of Newport Beach
City Council Minutes
December 10, 2002
INDEX
that the City is such a wonderful community with wonderful people. She
stated that everyone needs to be more generous of heart, try to respect people,
be more civil, and be thankful for what they have.
Council Member Glover stated that she has worked with Congressman Cox in
airport and air quality issues and commended him for being respectful of public
policy. She indicated that the City is fortunate to have a congressman of this
caliber. She added that Senator Johnson is intelligent and thoughtful, and
Assemblyman Campbell has done a wonderful job.
Council Member Glover stated that City Attorney Burnham's strong suit that
he has not been able to use for the last four years is working with community
groups. She added that she and Mr. Burnham spent two years learning
everything about water quality and he spent a lot of time on airport issues.
She stated that the community will have a great loss if he ever leaves. Council
Member Glover stated that City Manager Bludau has run the City well and
attended to the airport issues.
Council Member Glover stated that the City has a group of special employees
that have always meant a lot to her and have always been the face of Council in
the community. She indicated that her trash is picked up every Tuesday by
wonderful employees who do a superb job, never leave anything behind, and
are always friendly. She commended General Services Director Niederhaus for
his work. Council Member Glover also stated that the Fire Department and
Police Department do a great job.
Council Member Glover stated that, the longer you serve on Council, the more
you learn to love the City, especially the geography, ocean, and villages. She
believed that Fashion Island has become a regional center for the City and a
place where people from all over the County come to enjoy over the weekends
with their families. She indicated that it is wonderful that Newport Beach is a
village city. Noting that the City has done an excellent job in keeping funding
down compared to the revenue stream, Council Member Glover concluded by
expressing her concern about the City budget and requested that the next
Council always be careful with the finances, make sure the revenue stream is
high, and be frugal.
Council Member O'Neil congratulated newly elected Council Members Webb
and Nichols, and re- elected Council Members Ridgeway and Adams. He also
congratulated Council Member Glover for her successful eight years on
Council. He stated that he feels the same way about her.
Council Member O'Neil thanked everyone who voted for him, stating that it
has been worthwhile and rewarding. He especially thanked the potential
candidates who did not run against him four years ago. He pointed out that
the City has marvelous citizens and people who are willing to give of their time
to serve the community. Council Member O'Neil agreed that the City has the
best staff imaginable. He commended City Attorney Burnham, adding that he
is one of the two best City Attorneys the City has ever had. He stated that he
was on the team that hired City Manager Bludau and indicated that he is a
great addition to the City. He also commended City Clerk Harkless and her
office. Council Member O'Neil stated that he will ride off into the sunset
knowing that this has been a wonderful experience.
Volume 55 - Page 511
City of Newport Beach
City Council Minutes
December 10, 2002
Council Member Proctor stated that the City would not be where it is with the
airport issue if it were not for Council Members Glover and O'Neil. He
indicated that it is hard to truly appreciate the amount of time and
commitment this job involves. He emphasized that Council Members Glover
and O'Neil have put in a great deal of time and effort on behalf of the citizens.
He believed that the entire citizenry owes a tremendous debt of gratitude to
them for all they have given back to the City to make it a better place.
Council Member Adams stated that he is very proud to have served with
Council Members Glover and O'Neil, and wished them both the best. He
indicated that he has become good friends with them over the last four years
and looks forward to remaining friends for a long time.
Mayor Bromberg stated that he met Council Member Glover when she was on
the Planning Commission. He indicated that she is a wonderful person to work
with and that he has learned a lot from her. He stated that he met Council
Member O'Neil 8'/ years ago. He reported that they are extremely dedicated
people who have put their hearts and lives into this. He congratulated them.
Council Member Heffernan stated that tonight marks the end of eight years of
voluntary, elected public service for Council Members Glover and O'Neil. He
indicated that, with only two years in office, he can attest that holding a
Council seat has been a constantly demanding and sometimes weary job. He
stated that they have performed this job well and provided a great benefit to
the City. He noted that, beyond approval ratio, is the hard, methodical, and
unglamorous work of public office and listed issues that they deal with as
Council Members. He reported that Council Members Glover and O'Neil
deserve a great deal of credit for the way the JWA issue was handled. He
believed that it is fitting that they leave on this high note since they were part
of the three person committee along with Council Member Proctor. He stated
that everyone should thank them for their work, not only with airport issues,
but also for having so long and so well served the Newport Heights/Mariners
Mile and Corona del Mar districts. Council Member Heffernan thanked them
for a job well done and, even though they are often taken for granted, they will
never be taken for granted by him.
Mayor Ridgeway stated that he will miss Council Members Glover and O'Neil
immensely, adding that it has been a tremendous four years for him. He
indicated that he respects both of them and wished them the best in their
future endeavors.
Council Member O'Neil thanked his wife of 36 years and campaign manager,
Thais, for all her support.
Council Member Glover stated that she was on Council when they hired City
Clerk Harkless and indicated that she has done a very good job, especially with
the elections and initiating passport services. She also thanked everyone in the
City for being so wonderful and giving her and Council support over the years.
She stated that serving the City was a privilege that she will always remember.
H. REORGANIZATION
2. CERTIFICATION OF GENERAL MUNICIPAL ELECTION
RESULTS.
Volume 55 - Page 512
INDEX
Res 2002 -85
Elections
City of Newport Beach
City Council Minutes
December 10, 2002
INDEX
Motion by Mayor Pro Tem Bromberg to adopt Resolution No. 2002-
85 declaring the results of the General Municipal Election held on
November 5, 2002.
The motion carried by the following roll call vote
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
3. ADMINISTRATION OF OATH OF OFFICE.
City Clerk Harkless called newly elected Council Members Don Webb
and Dick Nichols, and re- elected Council Members Tod Ridgeway and
Gary Adams forward. She then administered the Oath of Office
prescribed in the State Constitution to the elected officials and
presented a Certificate of Election to each of them.
The newly elected and re- elected Council Members were seated at the
Council dais.
4. ELECTION OF MAYOR.
City Clerk Harkless announced that she would preside over the election
of the new Mayor. She placed all members of the City Council on an
equal basis to nominate and elect, and asked if there were any
nominations.
Council Member Proctor nominated Council Member Bromberg.
Motion by Mavor Pro Tem Ridgeway to close the nominations.
The nomination carried by the following roll call vote
Ayes: Heffernan, Bromberg, Ridgeway, Webb, Adams, Proctor
Noes: Nichols
Abstain: None
Absent: None
Mayor Bromberg took his proper place at the Council dais.
5. ELECTION OF MAYOR PRO TEM.
Mayor Bromberg announced that he would preside over the election of
the new Mayor Pro Tem. He placed all members of the City Council on
an equal basis to nominate and elect, and asked if there were any
nominations.
Council Member Proctor nominated Council Member Ridgeway.
Motion by Council Member Webb to close the nominations.
Volume 66 - Page 513
City of Newport Beach
City Council Minutes
December 10, 2002
II�117a/:1
The nomination carried by the
roll call vote:
Ayes: Heffernan, Nichols, Ridgeway, Webb, Adams, Proctor, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
Mayor Pro Tem Ridgeway took his proper place at Council dais.
6. SEATING ARRANGEMENTS FOR CITY COUNCIL.
The City Council decided on the seating arrangement of the Council
dais, with senior members having first preference. The follow seating,
from left to right, was decided upon: Heffernan, Proctor, Ridgeway,
Bromberg, Adams, Webb, Nichols.
7. REMARKS.
Mayor Bromberg presented outgoing Mayor Ridgeway with a gavel
plaque. He noted that mayor positions are normally referred to as
"ceremonial positions", but added that the Mayor speaks on behalf of
the City and commended outgoing Mayor Ridgeway for it.
Outgoing Mayor's remarks.
Mayor Pro Tem Ridgeway stated that he was honored last year to be
selected as Mayor. He indicated that the entire Council leaves on a
high note tonight because of the JWA settlement agreement which has
been in the works for years. He noted that another high note for him
was the 301(h) waiver which keeps the water clean off the ocean. He
stated that this was also part of his position while on the Sanitation
District. He pointed out that it was this Council that unanimously
supported that position and added that the City was one of the first to
go on record opposing the waiver. He reported that another high note
that he worked on was the formation of the Harbor Commission and
the creation of the Harbor Element. He added that he was also proud
of the Balboa Village dedication last summer. He applauded the
Balboa Pavilion for the amount of Christmas decorations they used
since the building can be seen now. He stated that this Council has
been a professional, cooperative Council and that he is proud to be a
part of it.
Mayor Pro Tem Ridgeway thanked everyone for voting for him and
stated that he takes this as a vote of confidence by the residents. He
believed that everyone has the same goal of having a world class city
with a high quality of life. He expressed hope that he can create a
legacy like Council Members Glover and O'Neil, but emphasized that
this cannot be done without the residents and Council.
Mayor Pro Tem Ridgeway also thanked his wife /campaign manager,
Kay, and his children, Kyle, Scott, and Madison, for their support.
Volume 55 - Page 514
City of Newport Beach
City Council Minutes
December 10, 2002
INDEX
New Mayor's remarks.
Mayor Bromberg thanked his colleagues for selecting him as Mayor.
He indicated that his style will probably be very different and
announced that his goal is to maintain and better the quality of life in
the City. He also thanked his wife, Ronnie, for letting him take this
job.
Remarks from newly elected/re- elected Council Members.
Council Member Nichols thanked all those who supported him in his
run for Council. He stated that it is an honor to follow Council Member
O'Neil in this position. He thanked his wife /accountant/manager,
Sandy, who runs things; his daughter, Cathy, who is his assistant; and
his sons, Rich and Matt, who recommended that he get individual
campaign signs. He also thanked Greenlight, particularly Phil and
Margaret Arst, Jean Watt, Evelyn Hart, Bill Cool, Michael Hirsh,
George Jeffries, Tom Hyans, Elaine Linhoff, Wally Zigler, Larry Porter,
Al Maney, and Bob Satler. He further thanked those that worked with
him in the California Republican Assembly. He reported that they not
only endorsed him, but also Allan Beek, and Madelene Arakelian, and
provided a non - endorsement to Rick Taylor. He noted that they are the
only authorized endorsing agency that can use the Republican name.
Council Member Nichols further thanked Jo and Bob Miller, Marge
Pantzar, Chuck and Betty Kelly, Bruce Crawford, and Doug and Nancy
Thompson. He also thanked his fellow candidates, Allan Beek, Rick
Taylor, and Madelene Arakelian, and opponents, Marianne Zippi and
Ron Winship. He stated that he looks forward to being on Council and
hopes that he can do a good job for the City.
Council Member Webb stated that being "Walking Don Webb" was one
of the reasons he met so many people and was able to get the support to
be on Council. He thanked Council and the citizens of the City for
giving him the opportunity to serve as a Council Member. He indicated
that he plans to work very hard to ensure that the trust that was given
to him was well- founded. He stated that he is honored to continue his
public service. He reported that, when he started working for the City
in May 1968, he had no idea he would be a Council Member some day.
Council Member Webb recognized his wife, Jan, for being the effort that
kept him positive and going; his son, Don, granddaughter, Ella, and his
wife, Kelly; his daughter -in -law, Paige; his sister -in -law, Jaime; and his
cousin, Nancy.
Council Member Webb stated that he made a presentation last week to
the California Public Library Construction and Renovation Board
regarding the City's application for the joint use library at Mariners.
He announced that the City received the grant and that he is very
proud. He indicated that one of his goals is to now help put the library
together with Council. He believed that this will be a wonderful
opportunity for the youth in the community.
Council Member Webb stated that he has worked with Council Member
O'Neil since he was the City Attorney and worked with Council
Volume 55 - Page 515
City of Newport Beach
City Council Minutes
December 10, 2002
INDEX
Member Glover for 13 years since she was first on the Planning
Commission. He applauded them both for their work on the airport
issue. He indicated that he and his wife will continue to walk the City
and hopes to receive invitations from neighborhoods to walk with them
so he can get a feel for the community and what people want. Council
Member Webb noted that the three engineers are seated at one end of
the table. He expressed hope that Council can work together and make
Newport Beach a place of beauty and light.
Council Member Adams stated that it has been an honor and privilege
to serve over the last four years and looks forward to another four and
final four years. He thanked everyone who supported him while in
office and in this recent campaign, particularly Ray Zartler, his
campaign treasurer, and his wife, Birgitt, whom he would not be doing
this without her support. He added that it has been an honor to serve
with Council Members Glover and O'Neil. He also congratulated
Council Members Nichols and Webb, stating that he looks forward to
working with them.
Council Member Proctor welcomed newly elected Council Members
Webb and Nichols.
Council Member Heffernan welcomed newly elected Council Members
Webb and Nichols. He noted that being on Council is a daunting task
in the beginning and that the learning curve is steep. He thanked
them for helping the City out by volunteering as a public official as a
City Council Member for Newport Beach.
Addressing the new Council Members, Mayor Bromberg indicated that,
to be effective, one must put in as much time as is wanted, not
necessarily as much as one has to. He noted that being on Council is
considered a part -time job, but it actually seems like they have two full -
time jobs. He stated that he is sure they will do the very best job that
they can.
I. PUBLIC COMMENTS
Aaron Israel, Chairman of the Youth Council, thanked Council
Members Glover and O'Neil for all their hard work. He congratulated
the re- elected and newly elected Council Members, and joked that he
will stop calling Mayor Pro Tem Ridgeway at home.
Mr. Israel reported that he was elected as a Council Member during
last year's City Government Day and indicated that he is familiar with
the scenarios involved in the JWA settlement agreement. He expressed
the opinion that Council made the best possible decision.
Mr. Israel reported that the Youth Council is currently working on City
Government Day which is scheduled for April 2003, Challenge Day at
the Oasis Senior Center, and a service project. He stated that Newport -
Mesa Zero Tolerance Policy 4210 is going through a planning stage and
announced that a public forum regarding this will be held January 27,
2003, at the Costa Mesa Community Center. He encouraged any
parent, student, or member of the community who has any relation to
Volume 55 - Page 516
City of Newport Beach
City Council Minutes
December 10, 2002
the Newport -Mesa Unified School District to participate. He indicated
that he will be chairing a sub -topic group to discuss possible
amendments to the 4210 Policy.
J. ADJOURNMENT - at 6:25 p.m. to a 4:30 p.m. Study Session and a
7:00 p.m. Regular Meeting on Tuesday, December 17, 2002, in honor
and recognition of outgoing Council Members Norma Glover and
Dennis O'Neil who served on the City Council from 1994 to 2002.
The agenda for the Adjourned Regular Meeting was posted on December 4,
2002, at 4:00 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
Volume 55 - Page 517
INDEX
CITY OF NEWPORT BEACH
City Council Minutes �����
Study Session
December 17, 2002 - 4:30 p.m. INDEX
ROLL CALL
Present: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Absent: None
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Regarding Item 10 (Corona del Mar State Beach Improvements), Council
Member Webb noted that this is a 25% increase in the scope of work. He
asked what is the original scope, how is it being expanded, what additional
work is being paid for by the contract, and what is the cost estimate for the
entire project. Mayor Bromberg suggested that Council Member Webb pull
the item tonight and ask these questions.
Regarding Item 9 (Traffic Flow Optimization Project), Council Member
Adams stated that he would like to see the contract augmented regarding
key personnel. He believed that the individual who will be doing the signal
timing work was a key reason the firm was selected. He indicated that he
will be pulling the item tonight to have that person identified in the
contract, similar to how the project manager is identified. He stated that, if
the firm cannot deliver him or he leaves the job, the City should have the
option to terminate the contract if they cannot find a suitable replacement.
Mayor Bromberg asked if the money the City will be paying is strictly for
synchronization and traffic flow optimization, or will the firm be providing
an entirely new system. Public Works Director Badum clarified that the
City will not be getting a new system, but will receive some improvements.
He indicated that this will not just be a study since there will also be
recommendations made regarding timing changes. City Manager Bludau
added that training will also be provided.
Council Member Heffernan asked how the impending Caltrans transfer of
Coast Highway and the Visioning 2004 project in Corona del Mar impacts
this project.
Council Member Nichols noted that the City had traffic data with regard to
the General Plan and asked if this information will be used. Mr. Badum
stated that they want to use the most up -to -date traffic count data, noting
that the model that will be used for the General Plan Update (GPU) should
be completed soon. He pointed out that this project will look at all of the
City's traffic signals, the timing, and the software that runs the signals. He
stated that they will use the recent data as the base and look at the timing
Volume 55 - Page 518
City of Newport Beach
Study Session Minutes
December 17, 2002
to see what changes can be made. He indicated that the GPU study is more
for land use issues and this study is for operational issues.
In response to Council Member Nichols' question, Mr. Bludau reported that
some of the City's signals vary by the time of day, based on traffic flow. He
noted that this does not look at using cameras in order to take pictures of
people who run red lights. Mr. Badum indicated that one of the products of
this report will be a list of potential products to use.
Regarding Item 12 (Required Reimbursement of Legal Cost for Orange
County LAFCO Associated with A Simple Vote v. LAFCO of Orange County),
Council Member Heffernan asked who the plaintiff was that brought this
lawsuit against LAFCO and the total funds expended.
City Attorney Burnham noted that Council Member Webb identified a
typographical error in the Professional Services Agreement with William
Avery & Associates (Item 4). He stated that the term in the contract states
one year, but the report mentions 24 months. He clarified that the contract
is a one year contract.
2. ANNEXATION ISSUES — WEST SANTA ANA HEIGHTS, SANTA ANA
COUNTRY CLUB, UNINCORPORATED AREA SOUTH OF MESA
DRIVE.
Mayor Pro Tem Ridgeway recused himself because he owns property on
Santa Ana Avenue and has a conflict of interest in this area.
Assistant City Manager Kiff reported that the City Council, in October 1999,
directed the City to annex Newport Coast, East Santa Ana Heights, and Bay
Knolls. He noted that Newport Coast was annexed effective January 1,
2002, and East Santa Ana Heights and Bay Knolls will become part of the
City on July 1, 2003. He clarified that a sphere of influence is the ultimate
boundaries for a city and is developed by the Local Agency Formation
Commission ( LAFCO) which is comprised of County Supervisors, city
officials, special district officials, and one public member. He reported that
the only area left to annex in the City's sphere is Banning Ranch.
Mr. Kiff noted that West Santa Ana Heights, the Santa Ana Country Club,
and South of Mesa Drive are in Costa Mesa's sphere of influence, but are
adjacent to the City. He stated that LAFCO did not allow Costa Mesa to
apply to annex West Santa Ana Heights in September because LAFCO and
its staff believed that the citizens would oppose Costa Mesa's application to
an extent that they did not even want to go through the protest period. He
reported that the area South of Mesa Drive, which includes the Santa Ana
Country Club, successfully protested out of Costa Mesa's annexation
application.
Council Member Proctor asked how LAFCO addresses areas like Banning
Ranch when there are no citizens to protest the annexation. Mr. Kiff
reported that LAFCO law sets up two annexation procedures depending on
the type of territory. He explained that a "landowner voter annexation' has
less than 12 registered voters in the district, and a "registered voter
Volume 55 - Page 519
INDEX
Annexation
(21)
City of Newport Beach
Study Session Minutes
December 17, 2002
INDEX
annexation" has more than 12 registered voters. He stated that, in an area
like Banning Ranch in which there are no registered voters but one primary
landowner, the landowner has the ability to approve or veto /protest the
annexation proposal. However, the landowner can bring forward an
annexation proposal and ask LAFCO to communicate with the annexing city
who can then approve it, the landowner would not protest it, and LAFCO
would provide the final approval. He indicated that, if the City initiated the
Banning Ranch annexation, it would still need the approval of LAFCO and
the landowner, or have a lack of protest.
Mr. Kiff utilized a PowerPoint presentation to show Area 7. He noted that
West Santa Ana Heights gathered enough signatures to effectively kill the
annexation at the protest hearing on December 2. He pointed out that the
City does not have to annex this area. He explained that the Country Club
has the ability to approve or defeat an annexation as a property owner if
they were the sole focus of an annexation.
Mr. Kiff also showed the airport area in relation to the proposed annexation
areas. He noted that LAFCO does not include the golf course near the
airport or the runways in anyone's sphere of influence due to Board of
Supervisor policy. Council Member Adams asked if the City should lobby to
change this policy. Council Member Proctor indicated that he was under the
impression that the golf course was owned by the County.
In response to Council questions, Mr. Kiff reported that Master Circle is in
Costa Mesa. He confirmed that the lower portion of the golf course is in
Newport Beach, the upper portion is in the County's jurisdiction, and part is
annexable. Council Member Nichols noted that the annexable area appears
to be directly under the runway. Mr. Kiff indicated that the City would need
to conduct a survey to get a precise map of the spheres of influence.
Mr. Riff provided an area summary of the different communities. He
pointed out that some issues facing the City is that Area 7 is still in Costa
Mesa's sphere of influence and that the City has not typically tried to annex
areas that are in other communities' sphere. He asked if the City should
wait until Costa Mesa takes an affirmative action to remove Area 7 from its
sphere of influence. Mr. Bludau indicated that, if the City wanted to force
the issue, it can apply to LAFCO to change the sphere of influence. Mr. Kiff
noted that West Santa Ana Heights is also in redevelopment and diverts
growth in property tax over a base year to the Orange County Development
Agency, therefore, the City would not benefit from any growth in property
taxes. Further, the County would continue to decide where the moneys are
spent. He noted, however, that the sales tax may be higher than the
property tax for this community. He indicated that Council Policy D -2
requires the City to look at issues like this. Council Member Webb asked if
there has been any instance in which the redevelopment agency is
transferred to a city once the area is annexed. Mr. Kiff indicated that Lake
Forest annexed a community that was in the County's redevelopment
agency and that the Lake Forest continues to keep that area in
redevelopment. He reported that Lake Forest City Council also becomes the
Lake Forest Redevelopment Agency and makes expenditure decisions. He
indicated that it is financially feasible for the City to take over the
Volume 55 - Page 520
City of Newport Beach
Study Session Minutes
December 17, 2002
INDEX
redevelopment area because it has a significant amount of resources ($30
million) and not all of it has been allocated for projects, even though they
have a list of projects they would like to accomplish. He noted that a lot of
the projects are generated from the airport. He reported that, if the airport
is separated, the City can potentially have control over the funds generated
for East and West Santa Ana Heights. Mr. Bludau stated that this would
mean that Council would act as the redevelopment's decision making body.
Mr. Kiff pointed out that the redevelopment area does not grant the County
powers of eminent domain. He added that the County operates one
redevelopment agency with 13 different project areas.
Mr. Kiff stated that, if the City does not annex the territory, it can be argued
that the area will never become part of Costa Mesa as long as the law stays
the way it is. He indicated that the current law only allows areas less than
75 acres to be annexed without a protest. Further, the City would probably
continue to respond to some of the police and fire service calls.
Regarding the John Wayne Airport (JWA) expansion, Mr. Kiff indicated that
the Airport Land Use Commission (ALUC) law already limits the local
agency's ability to change land uses around airports. Further, the runway
protection zone is not annexable, in part because it is not in any sphere of
influence. He stated that the City can try to annex it, but counties across
California have veto power over issues like this. He explained that, prior to
hearing an annexation, one of the things LAFCO has to see is a negotiated
property tax exchange and, even if the City gives up all of the property
taxes, the County can still refuse to adopt a resolution that matches the
City's proposal. He indicated that LAFCO will then never hear the issue.
Mr. Kiff reported that, specifically with East and West Santa Ana Heights,
there is a plan that links them together as one community. Further, as seen
during the protest period, there is significant community support for
annexation into Newport Beach. He added that there is a project area
committee (PAC) that acts as a de facto community association for both
those communities.
Mr. Kiff reported that the City is still trying to determine a location for the
fire station and added that the County has agreed to contribute towards the
cost of the fire station. He noted that the City requested 100% support and
believed it may receive it. He added that the PAC is looking at a community
center site which is currently the YMCA. He stated that the Orange County
LAFCO asked Council in September to consider adding West Santa Ana
Heights to its sphere of influence, but has not asked about the rest of Area 7.
He reported that there are a number of things the City would have to do in
order to pursue this. Mr. Kiff indicated that they would like to come back at
a regular meeting with an agenda item communicating the City's interest or
lack of interest in annexing all or part of Area 7, a fiscal impact analysis
based on Council Policy D -2, and a formal decision.
Mr. Kiff indicated that it would be hard to make an annexation like this
effective before July 2004 since the agenda item would need to come back in
2003, a fiscal impact analysis needs to take place, the areas would need to be
prezoned, the City needs to apply to LAFCO, a LAFCO hearing must take
Volume 55 - Page 521
City of Newport Beach
Study Session Minutes
December 17, 2002
I
place, and a protest period needs to occur. He stated that, because of the
way the State Board of Equalization allocates property taxes, it does not
make sense to annex on any date except July 1 of the year following the
LAFCO hearing. Mr. Kiff reported that the public can find out more at
www.oclafco.ca.gov; www.city.newport - beach.ca.us; or www.leginfo.ca.us; or
by calling the City at (949) 644 -3002 or LAFCO at (714) 834 -2556.
Council Member Heffernan asked how code enforcement will work when the
City takes over. Mr. Kiff reported that the municipal code would apply to
the annexed community. He indicated that many of the communities look
like Newport Beach, but there are some areas that do not. In response to
Council Member Heffernan's question about the things that are currently
not in compliance with the code, Planning Director Temple reported that the
City would look at the existing development standards and compare them to
the City's development standards as part of the preannexation zoning
process. She stated that, for Bay Knolls, the City developed a new overlay
zone so some of the development standards were close to what previously
existed in order to minimize the creation of legal non - conforming buildings.
She indicated that they cannot guarantee this in every case, but they do
their best to minimize those types of conflicts. However, if there are new
non - conformities created as a result of the new regulations, the property
owners can still remodel, maintain, or expand their properties as provided in
the City's code relative to non - conforming structures and uses. Ms. Temple
also noted that the City has a zoning district that can accommodate
animals/livestock. She stated that the City may look at that as a base
zoning district for those areas if it wants to maintain the property owners'
ability to have those uses. She confirmed that the City did this for East
Santa Ana Heights since a lot of people have stables.
Paul Watkins, 6408 West Ocean Front, stated that he is speaking on behalf
of the entire Area 7 and thanked Mr. Kiff for thoroughly looking at this
issue. He introduced David Grant, President of the Santa Ana Country
Club; Art Cencil, past president of the Santa Ana Country Club; Dr. Cal
McLaughlin, South Mesa Drive area; and Jay Taylor, West Santa Ana
Heights area. He expressed hope that this is nearing the end of a ten year
odyssey to have all of Area 7 join Newport Beach. He stated that, for years,
they have publicly and privately requested the City's favorable consideration
to allow Area 7 into the City, but the City has carefully avoided taking a
position that is adverse to Costa Mesa. He indicated that the City has
respected Costa Mesa's hold on Area 7, but emphasized that, on December 2,
Area 7 officially protested Costa Mesa's effort to annex the area.
Mr. Watkins noted that the staff report indicates that the protest was over
60 %, but pointed out that the LAFCO website indicates 69 %. He clarified
that 76.4% of the area South of Mesa Drive is in favor of coming into the
City and added that the Santa Ana Country Club also asked that it not be
included in Costa Mesa.
Mr. Watkins stated that they are asking that the City continue to respect
Costa Mesa, but aggressively follow the mandate of the majority of the
residents and property owners in Area 7. Further, they are asking that the
City begin the process to prezone all of Area 7 and file an application with
LAFCO to annex all of Area 7 into Newport Beach. He stated that it is
Volume 55 - Page 522
City of Newport Beach
Study Session Minutes
December 17, 2002
INDEX
possible that LAFCO will try to split up Area 7 and encourage the City to
take only a portion of it; however, the representatives of Area 7 can confirm
that their request is for all or none of Area 7 to come into the City. He noted
that LAFCO joined Area 7 together because of possible annexation into
Costa Mesa, but they are requesting that it remain intact.
Mr. Watkins believed that the annexation is a win -win solution for the City
and Area 7 because of JWA. He indicated that Area 7 is a vital alliance and
buffer against further airport expansion. He stated that, despite the
Settlement Agreement and the 10.8 million annual passenger (MAP) cap,
they believe the agreement will constantly be under attack in coming years.
He indicated that, with Area 7 being directly under the flight path, it will
provide a unified voice against those that hope to chip away at the
agreement as the population grows and as outcries for additional air traffic
capacity increases.
Council Member Heffernan asked what the internal vote was for the Santa
Ana Country Club. Mr. Grant reported that they have 400 regular equity
members, over 200 of them live in Newport Beach, and 23 live in Costa Mesa
(12 living on Master Circle). He stated that there is an overwhelming
majority and sentiment to have the local representation be from Newport
Beach. He indicated that they feel less able to control their own
governmental destiny by working with the County. He added that the
Country Club Board also voted favorably for this.
Mr. Bludau asked if all of the 76% from the South Mesa Drive area also
want to become residents of Newport Beach. Mr. Watkins believed that they
do, noting that the petition not only stated that they wanted out of the
annexation into Costa Mesa but also stated that they wanted to join
Newport Beach. Dr. McLaughlin stated that the 76% represents all of the
registered voters. He noted that only 5% wanted to be part of Costa Mesa.
Robert Hanley, Santa Ana Heights, stated that Council saw him and others
address the City regarding the airport situation. He indicated that they also
spoke with Costa Mesa about this but the experience was negative. He
emphasized that Santa Ana Heights has nice homes and the area is
wonderful for raising children. He stated that Costa Mesa promised them
on numerous occasions that they would abide by LAFCO's decision.
Regarding the redevelopment agency, he indicated that he felt
disenfranchised at those meetings. He stated that the membership was
appointed by the County and that a number of them are not residents of
Santa Ana Heights. He indicated that he would like to see that justified and
would be delighted if Council took it over.
Charles Griffin believed that it would be appropriate to show the safety
zones on the map, noting that it extends to the clubhouse of the Newport
Beach Golf Course which is within the City. He indicated that the airport
manager told him that it would not be possible to extend the runway south
any further because that would extend the safety zone into the City and,
therefore, the City would have the right of refusal. He believed that this is a
strong reason for bringing West Santa Ana Heights into the City. He added
that this also makes the safety zone strictly controlled by the City.
Volume 55 - Page 523
City of Newport Beach
Study Session Minutes
December 17, 2002
INDEX
Mr. Griffin reported that there is a localizer transmitter 1,000 feet from the
end of the runway which makes that 1,000 feet unusable. He stated that it
was paved a year ago to make it a stopway /overrun that cannot be
considered by the pilots for takeoffs or as a load factor. However, the
Federal Aviation Administration (FAA) completed all its tests for the global
positioning system (GPS) geostationary satellites which means that 40,000
airports will be getting rid of the localizers next year since it is a
maintenance item for the FAA. He stated that the 1,000 feet will then be
available to become a runway, except in safety zones. He reiterated that, if
the City controlled the safety zone, the FAA cannot extend the runway and
use the 1,000 feet except for takeoffs to the north.
Mayor Bromberg asked if Area 7, as configured on the map, puts the City in
any special position relative to future airport issues. City Attorney
Burnham stated that, if the City annexed that area, the only thing that
would change is that the County would need the City's permission to acquire
land, but it is his understanding that the County already owns that
property. He stated that he does not see any airport benefits to a City
annexation.
In response to Council questions, Mr. Kiff stated that the retail center on
Irvine Avenue generates about $80,000 to $90,000 a year in sales tax. He
indicated that they need to confirm this with the State Board of
Equalization and noted that this is the intent of the fiscal impact analysis.
Council Member Adams stated that he would like to see staff proceed with
the fiscal analysis and bring it back to Council. He indicated that, at that
time, Council should discuss pursuing the redevelopment agency. Council
Member Proctor agreed, but also requested an understanding of why
$30 million of redevelopment money has not been spent.
Mayor Bromberg asked if there was discussion in Sacramento about
returning all redevelopment money that has not been used. Mr. Kiff stated
that the Governor's administration presented a proposal that would take
unspent housing funds from redevelopment agencies. He noted that
redevelopment law currently states that 20°x6 of all property tax increment
should be set aside for low and moderate income housing. He stated that
there really is nothing that keeps them from looking at the other 80 %.
Council Member Webb believed that the City should move forward with this
and added that he would like to see the City pursue transferring the
redevelopment agency to the City if possible. He indicated that almost 1/3 of
the revenue is generated by the JM Peters development which has been in
the City for the last 15 years. Regarding the Council Annexation
Guidelines, he referenced Item G and expressed concern that there is an
undulation of'the boundaries at the south end of Area 7, south of University
Drive, and there are little pockets of Costa Mesa that will be hard to
distinguish from Newport Beach. He asked if the City should look at
creating a logical boundary along University Drive.
Council Member Nichols stated that he would like to see the City pursue
this. Further, he would also like to have the City pursue the last portion of
Volume 55 - Page 524
City of Newport Beach
Study Session Minutes
December 17, 2002
County -owned land that is in the Country Club. He pointed out that the
City would not gain anything except continuity of land.
Charles Griffin stated that there are people in Area 7 with horses and
suggested that the City look at the horse and bicycle pathways so it is an
uninterrupted pathway toward the fairground.
Noting that there are older areas in Area 7 and that the property owners
will have to conform to the City's codes, Mayor Bromberg asked if this will
be difficult to do. Planning Director Temple stated that the City works well
to minimize creating a lot of non - conformities, plus they can structure code
adoptions to grant expanded grandfathering rights, if Council chooses to.
She believed that possible conflicts that may arise between what they are
used to compared to the City's code deal with operational codes, i.e. noise,
water quality, and trash ordinances. She added that the businesses will also
be subject to business regulations.
PUBLIC COMMENTS - None.
ADJOURNMENT - 5:30 p.m. to Closed Session to discuss the property
located at 1221 West Coast Highway, specifically the terms and conditions
of a proposed bifurcation of the Balboa Bay Club lease.
The agenda for the Study Session was posted on December 12, 2002, at
3:00 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
Volume 55 - Page 525
INDEX
CITY OF NEWPORT BEACH
City Council Minutes DRAFT
Regular Meeting
December 17, 2002 - 7:00 p.m. INDEX
STUDY SESSION — 4:30 p.m
CLOSED SESSION — 5:30 p.m
A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR
MEETING
B. ROLL CALL
Present: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Absent: None
C. CLOSED SESSION REPORT
Mayor Bromberg announced that the City Council met with its real property
negotiators to discuss the proposed bifurcation of the existing lease between
the City and the Balboa Bay Club. The City Council gave general direction to
the negotiators but did not vote on any specific proposal.
D. PLEDGE OF ALLEGIANCE — Council Member Heffernan.
E. INVOCATION— Mrs. Marianne McDaniel.
F. PRESENTATIONS
Taste of Newport Grant Presentations.
Richard Luehrs, Newport Beach Chamber of Commerce President, introduced
Phil Bettencourt, Chairman of the Newport Beach Chamber of Commerce
Board. Mr. Luehrs stated that six nonprofit organizations serving the
Newport Beach community were selected to receive this year's grants from the
proceeds of the Taste of Newport. Mr. Bettencourt acknowledged the City for
its part in making the Taste of Newport a success. He presented $2500 grant
checks to the Boy Scout Sea Base, Newport -Mesa Schools Foundation, Human
Options, Newport Beach Film Festival, Youth Employment Service and
Leadership Tomorrow.
Mayor Bromberg thanked the Chamber of Commerce for its support of the
community.
Volume 55 - Page 526
City of Newport Beach
City Council Minutes
December 17, 2002
INDEX
Proclamation recognizing Jerry King for his outstanding leadership
and contributions in the area of water resources planning,
management and urban runoff in Orange County.
Mayor Bromberg presented the proclamation to Jerry Icing, congratulating
him on his contributions in the water and environmental fields, and wishing
him happiness and success in his future endeavors. Mr. King stated that it
has been a pleasure to serve the community and he thanked those who have
supported him.
Mayor Pro Tem Ridgeway additionally acknowledged Mr. King for his
graciousness and all he has given to the community.
Jan Debay, representing the Orange County Water District Board, stated that
Mr. King is a great leader and a tremendous mentor, and that honor will
continue to follow him.
Proclamation for Environmental Nature Center.
Bo Glover, Executive Director of the Environmental Nature Center (ENC),
introduced Robert Shelton, President of the ENC Board, Robert House,
founder of the ENC, and Dr. Norman Loats, ENC Board Member.
Mayor Bromberg presented the proclamation recognizing the ENC as a
natural and environmental resource of the highest quality to Newport Beach.
Mr. Shelton thanked the City for the recognition. He stated that in 1972,
Dr. House began to convert a 2 -% acre parcel of raw land into the natural
wonderland that it is now. Mr. Shelton invited everyone to come by the ENC
periodically and, particularly on the third Thursday of every month at noon
for tours led by Dr. House. Mr. Shelton thanked the City Council for its
support of the ENC. .
Council Member Webb stated that the ENC is a wonderful resource and has
been a great benefit to the scouting program.
G. NOTICE TO THE PUBLIC
H. 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 Heffernan requested a status report on the new
traffic signal proposed for San Miguel Drive and Spyglass Hill Road.
He stated that he'd like to include an update in his District 7
newsletter.
• Council Member Proctor announced that the City is still moving
forward on the potential for curtailing access in the West Newport
area on the 4th of July. He stated that the July 4th West Newport
Safety Planning Committee would be meeting again in January to look
at the feasibility of such a proposal and how to contact the citizens
Volume 55 - Page 527
City of Newport Beach
City Council Minutes
December 17, 2002
1010 s1:1
that would be affected. Council Member Proctor stated that it's
important that the public provide their input, whether in opposition or
support of the idea.
• Council Member Webb requested that the creation of an ad hoc
committee for the Mariners Joint Use Library be considered at a
future City Council meeting. He explained that a grant and donations
have been received, and it's important to see the project move forward
as rapidly as possible. Council Member Webb suggested that the
committee be comprised of a council member, a school board member,
a library board member and the appropriate City staff members. He
added that subcommittees might also be formed that would deal with
the design of the library and any site issues.
• Council Member Webb additionally requested that the creation of a
citizens committee be considered that would plan for the City's
centennial in September of 2006. He stated that anniversary books
were produced for the City's 25th, 50th and 75th celebrations, and he'd
like to see something fitting done for the centennial.
• Mayor Bromberg reminded everyone that the City's 94th annual
Christmas Boat Parade begins on Wednesday, December 18th. He
noted that the event is sponsored by the Newport Beach Chamber of
Commerce.
I. CONSENT CALENDAR
READING OF MINUTESIORDINANCES AND RE OLUTIONS
1. MINUTES OF THE REGULAR MEETING OF NOVEMBER 26,
2002. 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
3. RESOLUTION UPDATING THE LIST OF DESIGNATED
Res 2002 -86
EMPLOYEES FOR 2003 UNDER THE CITY S CONFLICT OF
Conflict of
INTEREST CODE. Adopt Resolution No. 2002 -86 adopting the 2003
Interest
Designated Employees List, as corrected by City Clerk Harkless to
(66)
change the title of the Harbor Resources Division Director to Harbor
Resources Manager and Harbor Inspector to Assistant Manager.
CONTRACTS AND AGREEMENTS
4. PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM
C -3075
AVERY & ASSOCIATES. Approve agreement for January 1 through
Labor
December 31, 2003 for $4,750 per month, as corrected by City Clerk
Negotiations
Harkless who noted that the agreement is for a twelve month period
(38)
Volume 55 - Page 528
City of Newport Beach
City Council Minutes
December 17, 2002
Volume 55 - Page 529
and not twenty-four months as noted in the attachment to the staff
report.
5.
BALBOA VILLAGE IMPROVEMENTS PHASE I (C -3333) —
C -3333
COMPLETION AND ACCEPTANCE. 1) Accept the work;
Balboa Village
2) authorize the City Clerk to file a Notice of Completion; 3) authorize
Improvements
the City Clerk to release the Labor and Materials bond 35 days after
Phase I
the Notice of Completion has been recorded in accordance with
(38)
applicable portions of the Civil Code; and 4) release the Faithful
Performance Bond one (1) year after Council acceptance.
6.
STREET IMPROVEMENTS — MONROVIA AVENUE FROM 15TH
C -3471
TO 16TH STREET AND 16TH STREET FROM MONROVIA
BA -029
AVENUE TO SUPERIOR AVENUE (C -3471) — COMPLETION
Street
AND ACCEPTANCE. 1) Accept the work; 2) authorize the City
Improvements/
Clerk to file a Notice of Completion; 3) authorize the City Clerk to
Monrovia Avenue
release the Labor and Materials bond 35 days after the Notice of
& 16th Street
Completion has been recorded in accordance with applicable portions
(38/40)
of the Civil Code; 4) release the Faithful Performance Bond one (1)
year after Council acceptance; and 5) approve a budget amendment
(BA -029) appropriating $26,000 from the unappropriated balance of
the Gas Tax Fund to Account No. 7181- C5100643.
7.
BUCK GULLY SEWER RELOCATION /SIPHON
C -3566
ABANDONMENT (C -3566) — COMPLETION AND
Buck Gully
ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to
Sewer Relocation/
file a.Notice of Completion; 3) authorize the City Clerk to release the
Siphon
Labor and Materials bond 35 days after the Notice of Completion has
Abandonment
been recorded in accordance with applicable portions of the Civil Code;
(38)
and 4) release the Faithful Performance Bond one (1) year after
Council acceptance.
8.
NEWPORT BOULEVARDBALBOA BOULEVARD ROADWAY
C -3373
AND STORM DRAIN REHABILITATION — AWARD OF
Newport Blvd./
CONTRACT (C- 3373). 1) Approve the plans and specifications;
Balboa Blvd.
2) award the contract (C -3373) to Sully Miller Contracting Company
Roadway &
for the total bid price of $1,767,365 and authorize the Mayor and the
Storm Drain
City Clerk to execute the contract; and 3) establish an amount of
Rehabilitation
$176,735 to cover the cost of unforeseen work and materials testing.
(38)
9.
Item removed from the Consent Calendar by Council Member
Adams.
10.
Item removed. from the Consent Calendar by Council Member
Webb.
MISCELLANEOUS ACTION
11.
REAPPOINTMENT OF REPRESENTATIVE TO THE ORANGE
Orange County
COUNTY VECTOR CONTROL DISTRICT BOARD. Confirm
Vector Control
Mayor Bromberg's reappointment of Dr. Virginia Barrett to the
District Board
Orange County Vector Control District Board for a four -year term
Appointment
Volume 55 - Page 529
City of Newport Beach
City Council Minutes
December 17, 2002
ending December 31, 2006.
12. Item removed from the Consent Calendar by Council Member
Heffernan.
13. APPROPRIATION OF $50,000 FROM THE AFFORDABLE
HOUSING MITIGATION FUND TO CIP ACCOUNT #7014,
C2700706 IN SUPPORT OF THE LOWER BAYVIEW
AFFORDABLE SENIOR HOUSING PROJECT. Approve budget
amendment (BA -028) to appropriate $50,000 from the Affordable
Housing Mitigation Fund to Lower Bayview Affordable Senior
Housing Project CIP.
Motion by Mavor Pro Tern Ridgeway to approve the Consent Calendar,
except for those items removed (9, 10 and 12) and noting the corrections to
Item Nos. 3 and 4.
The motion carried by the following roll call vote
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
9. TRAFFIC FLOW OPTIMIZATION PROJECT — APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH MEYER,
MOHADDES ASSOCIATES, INC.
Council Member Adams stated that he's pleased to see the item before
the City Council, although a bit disappointed that it's taken so long.
He noted that he raised the issue in January of 2002 and is anxious to
see the project get underway. In addition to traffic signal timing, the
consultant is being asked to identify any marginal improvements to
intersections. Council Member Adams stated that he's optimistic the
efforts will result in motorists noticing a difference. He requested that
the agreement identify the actual engineer who will be doing the
timing component of the project, and noted that he already discussed
this with the Public Works Director who stated that an organizational
chart will be attached to the agreement.
Motion by Council Member Adams to approve a professional
services agreement with Meyer, Mohaddes Associates, Inc. of Anaheim
for the Traffic Flow Optimization Project at a contract price of
$235,760 and authorize the Mayor and the City Clerk to execute the
agreement.
Mayor Pro Tem Ridgeway confirmed with City Attorney Burnham
that the contract will be modified to specify that the City has the right
to cancel if the attachment is changed. Public Works Director Badum
Volume 55 - Page 530
INDEX
(24)
BA -028
Affordable Senior
Housing Project
(40/68)
C -3589
Traffic Flow
Optimization
Project
(38)
City of Newport Beach
City Council Minutes
December 17, 2002
INDEX
stated that as is standard with all professional services agreements,
the agreement does include a provision that requires permission of the
City to substitute any key personnel. He further confirmed that an
organizational chart would be attached to the agreement to reaffirm
the personnel assigned to the project.
Council Member Adams noted that the project is a good start to an
effort that has been lacking for quite some time, but it will be
important to stay on top of the issue if the full benefits are to be
realized, even if it means additional staffing or a reorganization of the
public works department.
Bernie Svalstad, Corona del Mar, congratulated the City for
addressing the issue and noted that it was one of his campaign pledges
in his recent run for the District 6 City Council seat. Referring to
Exhibit A of the agreement, Scope of Work, and specifically Task 4,
technology enhancement recommendations and preliminary design of
a traffic operations center, Mr. Svalstad stated that this is an
important component of the project. He noted that it will take quite
some time, but will be a necessity in the future. In conclusion, he
asked that the City Council approve the staff recommendation.
Council Member Heffernan asked how the City will work with
CalTrans to implement the suggestions made by the consultant. He
additionally asked for an explanation of how the project will dovetail
with the work being done on the Corona del Mar Vision 2004 program.
Council Member Nichols confirmed with Council Member Adams that
the consultant is to provide suggestions which optimize the systems
currently in place.
Mayor Bromberg further explained that the project will provide for
better traffic synchronization and end motorists having to stop at
every light.
Mayor Pro Tern Ridgeway repeated Council Member Heffernan's
previous questions about the City's ability to modify the signals
controlled by CalTrans. Public Works Director Badum stated that
CalTrans does understand the need to have all of the traffic signals
work together. He added that CalTrans will most likely require that
the City balance regional traffic needs with local traffic needs if the
takeover of Coast Highway in Corona del Mar is to occur.
Mayor Bromberg asked if working with CalTrans will slow the process
at all. Public Works Director Badum stated that the City will do its
best to keep the project moving forward. He noted that the City
probably has the best relationship it's had with CalTrans in several
years.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Volume 55 - Page 531
City of Newport Beach
City Council Minutes
December 17, 2002
Bromberg
Noes: None
Abstain: None
Absent: None
10. CORONA DEL MAR STATE BEACH IMPROVEMENTS —
AMENDMENT NO, 1 TO PROFESSIONAL SERVICES
AGREEMENT WITH ROBBINS JORGENSEN CHRISTOPHER
ARCHITECTS.
Council Member Webb asked for a description of the original project
design, for a description of the proposed expanded scope of the project,
what the new estimated cost would be and when the concept plans
would'be available for review. Public Works Director Badum stated
that it had always been envisioned that the restrooms and the
concession buildings would be replaced, and that some type of
lifeguard facility would be added. Since it was unknown how much
the City could afford to spend, the scope of the project and the extent
of the enhancements have been unclear. He added that there still
needs to be public input provided also. Public Works Director Badum
stated that the City started with approximately $500,000 from the
American Trader oil spill account plus money from a State grant, and
that the City is now recommending that more of the oil spill account
money be used, for a project total of approximately $1,177,000.
Council Member Nichols asked how the community would be reached
to receive their input. Public Works Director Badum stated that the
exact mode hasn't been determined, but that the City fully intends to
get the information out and receive input. Council Member Nichols
stated that the project involves a lot of money, and he'd like to see the
community take part in the process. City Manager Bludau stated that
the scope of work with the architect includes an outreach program,
particularly with the area residents. Council Member Nichols stated
that the residents have several issues they're concerned about and
they need to be involved from the beginning.
Council Member Adams confirmed with Senior Planner Berger that
the Parks, Beaches & Recreation Commission has been involved
during the initial phases of the project. Senior Planner Berger added
that there is a three- tiered public outreach program planned, that will
parallel the development of the design concepts being done by the
architects. He stated that meetings with staff have already taken
place, a committee of immediate residents will be established and then
a broader public outreach process will occur. Senior Planner Berger
stated that Corona del Mar is a State beach, which means that public
use has to be preserved while the concerns of the local residents are
also addressed. He stated that the Parks, Beaches & Recreation
Commission will continue to be involved and that the item will be
before the City Council on at least two more occasions.
Council Member Nichols confirmed with Senior Planner Berger that
mailings to the local residents have not yet been done. Senior Planner
Volume 55 - Page 532
INDEX
C -3461
BA -027
Corona del Mar
State Beach
Improvements
(38/40)
City of Newport Beach
City Council Minutes
December 17, 2002
Berger added, however, that some input has already been received
from the public by way of a survey that was done which provided
approximately 800 responses.
Mayor Bromberg noted that the City has become very good at public
outreach.
Motion by Mavor Pro Tern Ridgeway to 1) approve Amendment
No. 1 to Professional Services Agreement with Robbins Jorgensen
Christopher Architects and authorize the Mayor and the City Clerk to
execute the Amendment; 2) approve a budget amendment (BA -027)
appropriating $365,535 in Division 7295 (Special Sources — Oil Spill
Remediation) funds from interest and other oil spill projects to the
Corona del Mar State Beach Improvements project (Account No. 7295-
05100569) as authorized by the American Trader Trustees on October
3, 2002; and 3) direct staff to appropriate any further investment
earnings on remaining Oil Spill Remediation funds and any excess
funds from completed oil spill projects to the Corona del Mar State
Beach Improvements Project.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
12. REQUIRED REIMBURSEMENT OF LEGAL COSTS FOR
ORANGE COUNTY LAFCO ASSOCIATED WITH A SIMPLE
VOTE V. LAFCO OF ORANGE COUNTY.
Council Member Heffernan noted that the issue is related to the
Newport Coast annexation. After the protest period ended, a group of
residents were dissatisfied and brought a lawsuit against the Orange
County Local Agency Formation Commission (OC LAFCO) in an
attempt to stop the annexation. The City had agreed to indemnify the
County and also had legal fees of its own. Council Member Heffernan
confirmed with City Attorney Burnham that the City is required to
pay these fees even though the lawsuit was dismissed voluntarily. He
made the observation that the resident had the legal right to file the
lawsuit, but that the action did cost the City approximately $32,000.
Motion by Mayor Pro Tem Ridgeway to 1) authorize the City
Manager to pay Orange County LAFCO $20,865 to reimburse OC
LAFCO for legal costs incurred by A Simple Vote u. LAFCO of Orange
County; and 2) approve a budget amendment (BA -026) transferring
$20,865 in unencumbered General Fund Reserves to the City
Attorney's 8080 account.
The motion carried by the following roll call vote:
Volume 55 - Page 533
INDEX
BA -026
Reimbursement
of Legal Costs/
Newport Coast
Annexation
(21/40)
City of Newport Beach
City Council Minutes
December 17, 2002
INDEX
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
K. PUBLIC COMMENTS
• Jan Debay, Newport Beach, announced that Speak Up Newport will
be holding the annual Mayors Dinner on February 18, 2003. She
stated that the speakers will include Mayor Bromberg, Sheriff Corona
and Peter Buffa.
• Moisey Fridman, 1100 Rutland Road, stated that the City has given
the cable television franchise rights to two companies, Adelphia and
Cox Communications, and the City's territory is divided between
them. He stated that residents have no choice on which company
provides their cable television service. Mr. Fridman expressed his
dissatisfaction with the rates that are being charged, particularly by
Adelphia. He stated that the franchise fees that the cable companies
pay to the City are part of their operating expenses and should not be
passed on to the subscribers. In regard to the negotiations that are
currently underway for the renewal of both franchise agreements, he
requested that the City express the residents' dissatisfaction with the
rates, and consider discounts for senior citizens or those on fixed
incomes.
Kory Flechtner, Executive Director of the Designated Drivers
Association, encouraged the City Council to write letters of support for
the Association's designated drivers program. She stated that the goal
of the program is to stop people from drinking and driving.
Ms. Flechtner.also encouraged the City Council to support any project
grants or community involvement that might be available for such
programs. She stated that there were approximately 12,000 driving
under the influence (DUI) arrests in Orange County last year, with
1,800 people injured and 65 people killed. She stated that anyone
interested in volunteering can call (949) 215 -0988. Ms. Flechtner
explained that volunteers go out in teams of two to sponsor bars, with
one driving the intoxicated driver's car home and the other following
in their own car. She stated that it eliminates the excuse of driving
under the influence in order to get one's car home or not leave it
stranded.
Council Member Proctor asked how the program is funded and if it is
only in place during the holidays. Ms. Flechtner stated that the
program operates year -round on Friday and Saturday nights from
10:00 p.m. to 2:00 am., and also on major drinking holidays. She
stated that the program in Orange County is funded by Mitsubishi
Motors and the sponsor bars, and that she is seeking additional grant
funding. Council Member Proctor requested that she send additional
information to him.
Volume 55 - Page 534
City of Newport Beach
City Council Minutes
December 17, 2002
INDEX
Mayor Pro Tem Ridgeway suggested that Ms. Flechtner contact the
Restaurant Association Business Improvement District. She stated
that she has already made arrangements to speak at their February
meeting.
• Don Albrecht, Vice Commodore of South Shore Yacht Club (SSYC),
2527 W. Coast Highway, stated that SSYC is the third oldest yacht
club on the Newport bay and prides itself on keeping the yacht club
affordable for those entering the yachting community. He announced
that SSYC would be hosting an open house during each night of the
Christmas Boat Parade this year. He stated that SSYC has been at
their current location since 1963.
Per Mayor Pro Tem Ridgeway's questions, Mr. Albrecht stated that
the current paid membership of the yacht club is approximately 110
members, with approximately 87 full flag members, 18 nonresident
members and the remaining consisting of racing crew and skippers.
He added that the yacht club had a paid membership of approximately
180 three years prior, and that the reduction is probably due to new
ownership of the land that they lease. He noted that the new owner
has indicated that he'd like to take over the yacht club and remove
SSYC from the site. He stated that this has caused quite a bit of
controversy and doubt among the club members. Mr. Albrecht stated
that they did have a first right of refusal to purchase the land in their
previous lease, but the Board was unable to decide if they could afford
it before the land was purchased.
• Derrick Gleason, Santa Ana Heights, stated that he is extremely
disappointed with the recently approved John Wayne Airport
settlement agreement. He stated that increasing the annual
passengers to 10.8 million and adding more gates was done without
receiving a reduction in air noise or revenue sharing. Mr. Gleason
stated that its also disappointing that the pursuit of another airport
location has been abandoned. Lastly, he stated that he is disappointed
that the City Attorney hasn't shown any respect for technology that
could improve the quality of life for the community.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE
• Status report — Ad Hoc General Plan Update Committee
(GPUC). Council Member Adams stated that GPUC met on
December 9, 2002, and that the main point of discussion was the
future of the General Plan Advisory Committee (GPAC). He stated
that since the outreach component of the general plan update is
complete, the focus will shift to the consulting team that will take the
input received and create the final document. Council Member Adams
stated that GPAC led the visioning effort and it was decided that
GPAC would be asked to continue their involvement, particularly with
the review of some of the technical documents that will be produced.
He stated that GPUC also formed a new subcommittee that would
provide more focused direction to staff and the consultant groups.
Volume 55 - Page 535
City of Newport Beach
City Council Minutes
December 17, 2002
• Status report — Local Coastal Program (LCP) Certification
Committee. Mayor Pro Tern Ridgeway stated that the LCP
Certification Committee met on December 16, 2002. The first draft of
the LCP is written. He noted that it is a policy document that
incorporates the General Plan of the City and that it needs to be
submitted to the Coastal Commission no later than June 30, 2003,
which makes the schedule tight to meet the deadline. He noted that
the document is too large to load on the internet, but that it will be
printed so that the public can review and comment on it. Mayor Pro
Tern Ridgeway announced that the LCP Certification Committee
would be meeting again on January 2, 2003, and that the meeting is
open to the public. He stated that, after initial review, the document
will be submitted to staff and then to GPAC, the Planning Commission
and the City Council. Mayor Pro Tern Ridgeway concluded his
comments by stating that the document is well drafted, but still needs
publicinput.
• Mayor Bromberg stated that he is a member of both GPUC and the
LCP Certification Committee. He noted that these two committees
and GPAC are the three committees that are directing the future of
Newport Beach. Mayor Bromberg additionally noted that the LCP
document would also be reviewed by the Environmental Quality
Affairs Citizens Advisory Committee (EQAC), and that anyone who
wants to comment on the document has the opportunity to do so.
• As chairman of the Ad Hoc Telecommunications Committee, Council
Member Heffernan stated that complaints are repeatedly received on
the "dead" spots in the City with regard to cell phone usage. He stated
that in January of 2003, a subcommittee will be formed to study where
the areas are and determine if there are sites where the City can be a
potential landlord. Council Member Heffernan additionally reported
that the City is negotiating the renewal of the cable television
franchise agreements, and noted that the City is limited on what it can
require of the cable companies. He stated that the City will receive
some concessions during the renewal process and that a public needs
assessment, which was recently completed, will be utilized. He stated
that Mr. Albrecht's earlier comments will be added to the other public
comments received.
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
14. PLANNING COMMISSION AGENDA FOR DECEMBER 5, 2002.
Planning Director Temple reported that the agenda of the Planning
Commission meeting of December 5, 2002, included six items, with
four of them being relatively routine. These included a confirmation of
staffs interpretation of the zoning code for a property at 500 Superior
Avenue. Another involved an alcoholic beverage outlet use permit for
a new restaurant in Fashion Island, which received approval, as did
an amendment to the Fashion Island Planned Community District
regulations regarding restaurant signs. Planning Director Temple
Volume 55 - Page 536
1100
Planning
Commission
(68)
City of Newport Beach
City Council Minutes
December 17, 2002
N
noted that this item would be before the City Council in January. The
Planning Commission also initiated an amendment to Title 19, the
subdivision code.
Planning Director Temple stated that the Planning Commission also
considered an amendment to the zoning code regarding landmark
buildings. She stated that the Planning Commission had several
questions about the applicability of the regulations and how the
changes would work. The item was continued to their meeting of
January 9, 2003. Planning Director Temple stated that the Planning
Commission spent a considerable amount of time discussing a use
permit for the McDonald's on Coast Highway. She stated that there
are several issues that still need to be resolved.
In regard to the consideration of an amendment to the zoning code,
Council Member Nichols noted Council Policy K -2, Places of Historical
and Architectural Significance, and stated that there are three
theaters in the City which fall within the definition. He stated that
these facilities would not be required to get a use permit.
Council Member Adams called for point of order and stated that the
reports on the Planning Commission meetings are not up for debate.
City Attorney Burnham stated that it would be appropriate to defer
any substantive discussion of the item until the matter is before the
City Council.
Council Member Nichols stated that the public needs to know that the
issue is being discussed at the Planning Commission level.
Mayor Bromberg stated that the Planning Commission agendas are
publicized on the internet and posted at City Hall.
Council Member Adams added that the reason reports of the Planning
Commission meetings are given at City Council meetings is to apprise
the public of what's happening at the meetings. He stated that the
Planning Commission meetings are not televised, so the item was
added to the City Council's regular meeting agendas a couple of years
ago to keep the public more informed.
PUBLIC HEARINGS
15. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF
VARIANCE NO. 2002 -007 AND MODIFICATION PERMIT NO.
2002 -103 (PA2002 -194).
Mayor Bromberg announced that he would be recusing himself from
voting on the item since the property under discussion is within 500
feet of his home.
Planning Director Temple stated that the variance is for a property
located at 1601 Balboa Avenue. The Planning Commission approved
the project with several conditions, which included an increased
Volume 55 - Page 537
INDEX
Variance
No. 2002 -007/
1601 Balboa
Avenue
(91)
City of Newport Beach
City Council Minutes
December 17, 2002
INDEX
second floor setback at the rear of the property and a reduction in the
number of square feet to 1,625. She noted that revised plans for the
project were received from the applicant for a 1,705.5 square foot
design. This and the rear setback for a fireplace or barbecue are the
only remaining requests of the Planning Commission that are not
being met with the new plans.
Mayor Pro Tem Ridgeway opened the public hearing. He asked for a
clarification on any opposition to the project. Assistant City Manager
Wood stated that a letter was received in opposition to the variance
from Mr. & Mrs. Madison, which Mayor Pro Tem Ridgeway thought
had been withdrawn. Assistant City Manager Wood additionally
pointed out that a letter in support of the project had also been
received.
Patricia Eckert, the applicant and property owner, stated that the
architect, Ian Harrison, did a good job of designing a compact home
that adds beauty to the area. She stated that she is looking forward to
moving back to Southern California, joining her family, being a
contributing member of the Newport Beach community and enjoying
the Little Balboa Island lifestyle. She requested the City Council's
approval of her appeal, consistent with the revised plans submitted to
incorporate changes that were made in the spirit of cooperation.
Mayor Pro Tem Ridgeway stated that the awning on Abalone Avenue
seems to be the only remaining issue. Ms. Eckert stated that there is
no awning.
Council Member Webb stated that the revised plans show lattice work
over the balcony area, which abuts the Madison property.
Ian Harrison, architect, stated that there is lattice work across the
front of the balcony on Abalone Avenue, but that the fireplace is being
eliminated and everything is being pulled back to five feet. He stated
that this is not shown on the plans.
Council Member Webb pointed out that the Planning Commission
recommendations don't allow for any type of roof over the second floor
deck.
Council Member Adams confirmed with Mr. Harrison that the revised
plans do not reflect the proposal presented to the City Council.
Jim Madison, 222 Abalone Avenue, stated that his only opposition
when he reviewed the plans was the fireplace sticking out. He
confirmed with Mr. Harrison that the fireplace was being eliminated.
Additionally, Mr. Madison confirmed that everything would be pulled
back to the five -foot mark. He stated that with these confirmations, he
is satisfied with the project. Council Member Webb asked if
Mr. Madison had any concerns about the lattice work. Mr. Madison
stated that he did not, as long as it stayed within the five -foot mark.
Council Member Webb stated that he would normally support the
Volume 55 - Page 538
City of Newport Beach
City Council Minutes
December 17, 2002
Planning Commission's decision since they use a reasonable setback
approach but in this case, both property owners are in agreement and
the difference is only a matter of 80 square feet.
Motion by Council Member Webb to approve the appeal, subject to
the five -foot second story setback and the elimination of the chimney.
Council Member Nichols stated that the three lots that face Balboa
Avenue were originally two lots, making the lot sizes slightly less than
two thirds of normal lot size. He added that the other properties on
Abalone Avenue have at least ten to fifteen -foot setbacks, and the
properties on Balboa Avenue have six to ten -foot setbacks. Council
Member Nichols noted that he understands that the Eckert property
needs a reduced setback, but he pointed out that it's going to be a
monument on the sidewalk and will set a precedent for other
properties.
Mayor Pro Tem Ridgeway stated that the issue provides a good
example of when a variance should be considered.
Hearing no further testimony, Mayor Pro Tem Ridgeway closed the
public hearing.
The motion carried by the following roll call vote:
Ayes:
Heffernan, Proctor, Ridgeway, Adams, Webb
Noes:.
Nichols
Abstain:
Mayor Bromberg
Absent:
None
16. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION
CONFIRMING THE LEVYING OF ASSESSMENTS FOR FISCAL
YEAR 2003.
Senior Planner Berger stated that, if approved, the Marine Avenue
Business Improvement District (BID) would begin its eighth year of
continuous operation on Balboa Island. He noted that both the
president and secretary of the BID could not be in attendance at the
current meeting, but wanted the City Council to know that with strong
involvement from its members, the BID has accomplished its mission
of promoting Balboa Island and Marine Avenue, as well as beautifying
and maintaining the area.
Senior Planner Berger reported that no protests were received
opposing the BID renewal. He asked for the City Council's support in
renewing the BID.
Mayor Bromberg opened the public hearing.
Hearing no testimony, Mayor Bromberg closed the public hearing.
Volume 55 - Page 539
INDEX
Res 2002 -87
Marine Avenue
BID
(27)
City of Newport Beach
City Council Minutes
December 17, 2002
Motion by Mayor Pro Tern Rideewav to adopt Resolution
No. 2002 -87 confirming the Marine Avenue Business Improvement
District Annual Report and levying the BID assessment for the 2003
fiscal year since the protests represented less than 50 percent of the
total assessment amount.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
17. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT
DISTRICT: CONDUCT PUBLIC HEARING AND ADOPT
RESOLUTION FOR RENEWAL OF THE RESTAURANT
ASSOCIATION BUSINESS IMPROVEMENT DISTRICT FOR
FISCAL YEAR 2003.
Associate Planner Trimble reported that no protests were received
opposing the BID renewal.
Mayor Bromberg opened the public hearing.
Hearing no testimony, Mayor Bromberg closed the public hearing.
Motion by Mayor Pro Tern Ridgeway to adopt Resolution
No. 2002 -88 confirming the Restaurant Association Business
Improvement District Annual Report and levying the BID assessment
for the 2003 fiscal year since the protests represented less than 50
percent of the total assessment amount.
The motion carried by the following roll call vote:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor
Bromberg
Noes: None
Abstain: None
Absent: None
O. CURRENT BUSINESS
18. VIRTUAL FAQ PRESENTATION [ORAL REPORT — NO
ACTION].
Administrative Services Director Danner stated that "FAQ" stands for
Frequently Asked Questions, and noted that the presentation was
requested by Council Member Heffernan. Using a PowerPoint
presentation, Administrative Services Director Danner stated that
City staff began investigating using Interactive Voice Response (IVR)
as a means of automating some of the day to day business functions
Volume 55 - Page 540
INDEX
Res 2002 -88
Restaurant
Association BID
(27)
Virtual FAQ's/
Interactive Voice
Response (IVR)
System
(40)
City of Newport Beach
City Council Minutes
December 17, 2002
INDEX
that were normally conducted over the telephone. New technology
now offers customers the choice of using either a touch tone telephone
or a computer with internet access to obtain information and conduct
business transactions. He stated that the initial purpose was to
automate the scheduling of building permits and that it was later
determined that there were additional needs beyond the more
traditional IVR applications. Administrative Services Director Danner
stated that after the IVR/Web based application for the Building
Department was completed, dial out applications for the Revenue
Division were completed. The next application to go live provided
municipal services statement account balances and facilitated the
payments using a credit card.
Administrative Services Director Danner stated that the most recent
application provides static prerecorded information to customers and
was designed to provide customers with answers to their most
frequently asked questions. He stated that nearly 300 scripts were
edited, compiled and professionally recorded in a sound studio. The
information can be accessed by using either a telephone or the
internet. Administrative Services Director Danner reported that a
guide to using the system was recently completed and mailed to 52,000
residences and businesses in the City. He stated that the information
can be accessed 24 hours a day, 7 days a week, with the option to
receive several documents via fax machine. He displayed the long list
of topics that are included in the brochure.
Administrative Services Director Danner demonstrated the use of the
system. He dialed (949) 644 -3211 and pressed a few of the codes,
which prompted the prerecorded messages of those topics selected. He
introduced Management Information Systems (MIS) Manager
Malkemus, who did much of the work for the new system.
Mayor Bromberg complimented the wide range of topics included in
the system and the time that it will save staff.
Mayor Pro Tem Ridgeway asked if there was a complaint section. MIS
Manager Malkemus stated that the system is currently not designed
for customer feedback, but it could be implemented.
In response to Council Member Proctor's question, MIS Manager
Malkemus stated that the system cost approximately $89,000.
Council Member Heffernan asked if other cities currently use such a
system. MIS Manager Malkemus stated that several cities do, such as
Huntington Beach and Diamond Bar. Council Member Heffernan
additionally asked if there was a cost benefit to using the system.
Administrative Services Director Danner stated that it does free up
staff time. Council Member Heffernan agreed that it provides better
service by providing precise information, with the option for the
customer to talk with someone if they desire.
Mayor Bromberg stated that it is an effective program and thanked
Volume 55 - Page 541
City of Newport Beach
City Council Minutes
December 17, 2002
the Administrative Services Department for the presentation and
putting the program together.
P. MOTION FOR RECONSIDERATION - None.
Q. ADJOURNMENT - at 5:00 p.m. in the memory of Dorothy Brittingham
Koll.
The agenda for the Regular Meeting was posted on December 11, 2002, at
3:00 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
Volume 55 - Page 542
INDEX