HomeMy WebLinkAbout06/27/2000 - Regular Meeting0 CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 27, 2000 - 6:00 p.m.
INDEX
- 4:10 p.m [Refer to separate minutes]
CLOSED SESSION - 5:15 p.m.
CLOSED SESSION REPORT PRESENTED - None.
RECESSED AND RECONVENED AT 6:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Thomson, Glover, Adams, Debay, O'Neil, Mayor Noyes
Absent: Ridgeway
Pledge of Allegiance - Council Member O'Neil.
Invocation by Chief Chaplain George B. Vogel, VA Medical Center of Long
Beach.
• 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 Debay announced that the public is invited to attend the
meeting of the West Newport residents to be held at 7:00 p.m. on June 28, 2000,
in the Council Chambers. She stated that Lieutenant Rich Long would be
providing a presentation at the meeting regarding the logistics and plans for the
Fourth of July holiday.
• Mayor Pro Tern Adams referred to an item on the July 13, 2000, City Council
agenda regarding funding for the widening of Jamboree Road. He stated that it
has raised the question within his district of why the widening is needed. He
requested that staff prepare a report that evaluates the need and costs, and
provides the ramifications for not doing, or postponing, the widening.
• Council Member Thomson reminded the public that the Junior Lifeguard
program is underway and is a great program provided by the City.
• Mayor Noyes announced that the current meeting would be long. He announced
that Item Nos. 31, 32 and 33 would be taken ahead of Item No. 30, the Newport
Dunes Resort. He further announced that Item Nos. 29 and 34 would be
continued and not discussed at the current meeting.
Motion by Council Member O'Neil to continue Item Nos. 29 and 34.
The motion carried by the following roll call vote:
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City Council Minutes
June 27, 2000
• Ayes: Thomson, Glover, Adams, Debay, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: Ridgeway
Mayor Noyes announced that the current meeting would be adjourned in the
memory of Comcast Cameraman Paul Froehlich and Newport Beach Conference
and Visitors Bureau (CVB) President Rosalind Williams. Mayor Noyes stated
that Mr. Froehlich worked behind the scenes while Ms. Williams worked in front
of the scenes, and both were very much a part of the Newport family. He
expressed his condolences.
Council Member O'Neil stated that he had the pleasure of being a member of the
CVB Board and working closely with Ms. Williams. He added that he also knew
her personally for many years. Council Member O'Neil expressed his shock in
hearing of her passing and stated that her courageous fight against cancer was
remarkable. He stated that she was a fine woman with many great attributes,
that she would be missed and that he knew she was in a better place.
Council Member Debay stated that Ms. Williams was a professional woman with
beauty and grace. Council Member Debay stated that she was a brilliant
ambassador for the City of Newport Beach. Council Member Debay expressed
her admiration for Ms. Williams, and said that the void left by her passing would
• be difficult to fill.
Council Member Glover stated that Ms. Williams was sophisticated, classy and
courageous. She added that Ms. Williams was also a wonderful mother to two
great children. Council Member Glover stated that Ms. Williams will be missed.
Mayor Noyes stated that his last contact with Ms. Williams was when she took
the time to offer words of kindness and support when he was going through a
problem recently. He stated that it gave him strength and he will remember her
act of kindness.
Mayor Noyes stated that many people also knew Mr. Froehlich as the behind the
scenes cameraman who worked as the production manager for Speak Up
Newport.
CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING
OF JUNE 13, 2000. Waive reading of subject minutes, approve as written
and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all ordinances and resolutions under consideration, and direct City
Clerk to read by title only.
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INDEX
City of Newport Beach
City Council Minutes
June 27, 2000 INDEX
• RESOLUTIONS FOR ADOPTION
3. 2000 ANNUAL WEED AND OTHER NUISANCES ABATEMENT. Adopt
Res 2000 -56
Resolution No. 2000 -56 declaring that weeds and other nuisances exist and
Weed Abatement
schedule a public hearing for August 8, 2000 regarding their abatement.
(41)
4. GENERAL MUNICIPAL ELECTION - NOVEMBER 7, 2000:
Res 2000 -57
ADOPTION OF RESOLUTIONS CALLING THE ELECTION
Res 2000 -58
(CANDIDATES ONLY) AND REQUESTING CONSOLIDATION WITH
General
THE STATEWIDE GENERAL ELECTION. a) Adopt Resolution
Municipal
No. 2000 -57 calling and giving notice of the holding of a General Municipal
Election
Election to be held on Tuesday, November 7, 2000 for the election of
(39)
members of the City Council as required by provisions of the City Charter;
and b) Adopt Resolution No. 2000 -58 requesting the Board of Supervisors of
the County of Orange to consolidate a General Municipal Election to be held
on Tuesday, November 7, 2000 with the Statewide General Election to be
held on the same date pursuant to Section 10403 of the Elections Code.
5. AIRPORT AREA DEVELOPMENT COMMITTEE. Adopt Resolution
Res 2000 -59 /Airport
No. 2000 -59 establishing and appointing the committee.
Area Devel Cmte (24)
6. FEE SCHEDULE ADJUSTMENTS. Adopt Resolution No. 2000 -60
Res 2000 -60
establishing a schedule of fees to be charged for specific services.
Fee Schedule (40)
• 7. MARINER'S MILE DESIGN FRAMEWORK - INITIATION OF AN
ORDINANCE AMENDMENT IMPLEMENTING MARINER'S MILE
Res 2000 -61
PCA 900
DESIGN FRAMEWORK. Adopt Resolution of Intent No. 2000 -61 to
Mariner's Mile
initiative Amendment No. 900 which will amend Title 20, Zoning Code and
Design Framework
the Districting Maps.
(94)
ORDINANCE FOR ADOPTION
8. Item removed from the Consent Calendar by Mayor Pro Tern Adams.
CONTRACTS AND AGREEMENTS
9. LEGAL ADVERTISING BID FOR FISCAL YEAR 2000 -2001. Accept the
Legal
bid of the Daily Pilot and authorize a purchase order for the one -year period
Advertising
of fiscal year 2000 -2001.
(32)
10. AMENDMENT TO AGREEMENT WITH CITY LIGHTS DESIGN
C -3153
ALLIANCE FOR COMPLETION AND PUBLIC REVIEW OF
Mariner's Mile
MARINER'S MILE DESIGN FRAMEWORK. Approve amendment to
Design
agreement in the amount of $18,550.
Framework (38)
11. SECOND AMENDMENT TO JOINT POWERS AGREEMENT FOR
C- 3089/Metro
THE METRO CITIES FIRE AUTHORITY. Approve and authorize the
Cities Fire
Mayor to sign the amended agreement.
Authority (38)
12. AGREEMENT WITH ADVANCED BUILDING MAINTENANCE.
C -3353
Approve a contract with Advanced Building Maintenance for janitorial
Janitorial
services of the City community centers during FY 2000 -01.
Services (38)
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June 27, 2000
INDEX
• 13.
SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS - AWARD OF
C -3311
CONTRACT (C- 3311). 1) Approve the plans and specifications;
BA -072
2) determine that the bid submitted by GCI Construction, Inc. contained an
San Miguel Drive
arithmetic error and is therefore the third low bidder; 3) declare Holland-
Roadway
Lowe Construction, Inc. as the low bidder and award Contract No. 3311 to
Improvements
Holland -Lowe Construction, Inc. for the total bid price of $213,718, and
(38/40)
authorize the Mayor and the City Clerk to execute the contract; 4) establish
an amount of $21,000 to cover the cost of material testing and unforeseen
work; and 5) approve a budget amendment (BA -072) in the amount of
$132,918 from the Transportation & Circulation Fund Balance to Account
No. 7261- C5100535.
14.
LETTER AGREEMENT FOR MODIFICATION OF A
C -3354
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
36 -Inch Pipeline
36 -INCH PIPELINE MANHOLE STRUCTURE AT BONITA CANYON
Manhole Structure
SPORTS PARK. 1) Authorize the Public Works Director to execute a letter
at Bonita Canyon
agreement with Metropolitan Water District of Southern California and
Sports Park
establish an amount of $35,000 as deposit for construction costs to modify a
(38)
36 -inch manhole structure at Bonita Canyon Sports Park; and 2) establish
an amount of $7,380 to cover the cost of unforeseen work.
15.
NEWPORT HEIGHTS STREET IMPROVEMENTS - AWARD OF
C -3313
CONTRACT (C- 3313). 1) Approve the plans and specifications; 2) award
Newport
Contract No. 3313 to Nobest Inc. of Westminster for the total bid price of
Heights
•
$449,955 and authorize the Mayor and the City Clerk to execute the
Street
contract; and 3) establish an amount of $45,000 to cover the cost of testing
Improvements
and unforeseen work.
(38)
16.
BIG CANYON RESERVOIR SEDIMENT DISPOSAL. 1) Authorize the
C -3355
retention of the firm of Burns and McDonnell to manage the disposal of
Big Canyon
sediment from the Big Canyon Reservoir site for $25,370; 2) authorize
Reservoir
contracting with hauling and disposal firms for the disposal of the sediment
Sediment
from the Big Canyon Reservoir site for $28,800; and 3) authorize $18,000 for
Disposal
the actual disposal of the sediment from Big Canyon Reservoir.
(38)
17.
BALBOA ISLAND PEDESTRIAN BRIDGES - REJECT ALL BIDS
C -3295
(C- 3295). 1) Reject all bids; 2) rebudget the remaining funds in Account
Balboa
No. 7013- C5100506 for aesthetic improvement to the Balboa Island Bridges
Island
and Island sidewalk improvements; and 3) direct staff to work with the
Pedestrian
Balboa Island community associations to determine the scope of work to be
Bridges
accomplished.
(38)
18.
EASTBLUFF AND BONITA CREEK PARKS RECLAIMED WATER
C -3327
RETROFIT AND IRRIGATION IMPROVEMENTS - REJECT BID
Eastbluff and Bonita
(C- 3327). 1) Approve the plans and specifications; 2) reject the single bid
Creek Parks Reclaimed
from Green Giant Landscape, Inc.; and 3) rebudget project funds from
Water Retrofit and
Account No. 7501- C5500074 to FY 2000 -2001.
Irrigation (38)
19.
Item removed from the Consent Calendar by City Manager Bludau.
20.
CITY HALL ELECTRICAL AND AIR CONDITIONING UPGRADES -
C -3318
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City of Newport Beach
City Council Minutes
June 27, 2000 INDEX
• AWARD OF CONTRACT (C- 3318). 1) Approve the plans and
BA -071
specifications; 2) award Contract No. 3318 to Bay Shores Electric, Inc. for the
City Hall
total bid price of $79,500 and authorize the Mayor and the City Clerk to
Electrical and
execute the contract; 3) establish an amount of $7,671.15 to cover the cost of
Air Conditioning
unforeseen work; and 4) approve a budget amendment (BA -071) transferring
Upgrades
$28,618.75 from Account No. 7015- C2700445 to Account No. 7011- C3120441.
(38/40)
21. SUBSCRIBER AGREEMENT FOR HAZARDOUS MATERIALS
C -3356
EMERGENCY RESPONSE. Authorize the City Manager to execute the
Hazardous
subscription agreement between the City and the Orange County- Cities
Material
Hazardous Materials Emergency Response Authority (OCCHMERA) for
Emergency
emergency hazardous material team response services.
Response (38)
22. LEASE AGREEMENT - UPPER NEWPORT BAY REGIONAL PARK.
C- 3357/Upper
Authorize the Mayor to execute the proposed lease for a City -held tidelands
Newport Bay
trust property within the boundaries of Upper Newport Bay Regional Park.
Regional Park (38)
MISCELLANEOUS ACTIONS
23. PLANNING COMMISSION AGENDA FOR JUNE 22, 2000. Receive and
Planning
file.
(68)
24. LOW POWER FM RADIO SYSTEM. Make no decision on acquiring a low
Low Power
power FM radio station, but direct staff to continue to research costs,
FM Radio
• broadcast coverage and filing opportunities.
System (44)
25. COPSMORE GRANT. Accept the COPSMORE Grant and approve a
BA -070
budget amendment (BA -070) in the amount of $1,636,556 to increase
COPSMORE
revenue estimates and expenditure appropriations for the COPSMORE
Grant
Grant previously awarded to the City.
(40170)
26. BUDGET TRANSFER REQUEST - PUBLIC WORKS,
BA -069
TRANSPORTATION AND DEVELOPMENT DIVISION - TRANSFER
Public Works
OF SALARY SAVINGS TO MAINTENANCE & OPERATIONS
Department
ACCOUNTS. Approve a budget amendment (BA -069) transferring $24,800
Budget Transfer
from Account No. 5200 -7000 and $5,000 from Account No. 5200 -7020 to
(40/74)
Account No. 5200 -8080 in the amount of $7,000 and Account No. 5200 -8030
in the amount of $22,800.
27. Item removed from the Consent Calendar by Council Member
Thomson.
28. RULE 20A UNDERGROUNDING DISTRICT PRIORITY LIST.
Rule 20A
1) Confirm the City Council Subcommittee 20A priority list for future
Undergrounding
Rule 20A underground districts in the following priority order: A) Bayside
District
Drive from Jamboree Road to El Paseo Drive and El Paseo Drive from
Priority
Bayside Drive to Seadrift Drive; B) Superior Avenue from Placentia Avenue
List
to s/o Ticonderoga Street; C) San Joaquin Hills Road from Spyglass Hills
(89)
Road to El Capitan Drive; and 2) direct staff to schedule public hearings to
• form Rule 20A undergrounding districts for the three locations.
S35. APPOINTMENT TO THE ENVIRONMENTAL QUALITY CITIZENS EQAC
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June 27, 2000
• ADVISORY COMMITTEE. Confirm Council Member O'Neil's
appointment of Barry Allen as the at -large member for District 6.
S36. COST OF 2% AT 55 RETIREMENT FOR MISCELLANEOUS
EMPLOYEES. Receive and file.
S37. OPPOSITION TO PROPOSED AMENDMENT OF WASTE
DISCHARGE REQUIREMENTS (WDRs) FOR SILVERADO
CONSTRUCTORS - REGIONAL WATER QUALITY BOARD ITEM #12
(JUNE 30, 2000). Authorize City staff to prepare a letter and/or testify to
the Regional Board at an upcoming meeting opposing additional discharge of
phosphorous into Peters Canyon Wash by Silverado Constructors.
Motion by Mayor Pro Tem Adams to approve the Consent Calendar,
except for those items removed (8, 19 and 27), and noting the amendment to
the action on Item No. 16 made by City Manager Bludau.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: Ridgeway
• ITEMS REMOVED FROM THE CONSENT CALENDAR
8. AMENDMENT TO FRONT YARD SETBACKS ON PACIFIC DRIVE
(PLANNING COMMISSION AMENDMENT 899) - AMEND
DISTRICTING MAP NO. 16 TO ESTABLISH A LOT -BY -LOT FRONT
YARD SETBACK FOR 13 PROPERTIES LOCATED ON THE
SOUTHERLY SIDE OF PACIFIC DRIVE BETWEEN AVOCADO
AVENUE AND THE WESTERLY SIDE OF BEGONIA AVENUE DUE
TO THE VACATION OF A PORTION OF THE PUBLIC RIGHT -OF-
WAY; AMEND SECTION 20.10.030 AND SECTION 20.10.040 OF THE
ZONING CODE TO ADD CLARIFYING LANGUAGE FOR
DETERMINING THE CALCULATION OF BUILDABLE AREA FOR
THE SUBJECT PROPERTIES.
Mayor Pro Tem Adams stated that he received a letter from Doug Lax, who
spoke in opposition to the abandonment at the City Council meeting of
June 13, 2000. Mayor Pro Tem Adams stated that Mr. Lax's letter is
requesting that the City Council send the item back to staff for a redraft
because the City Council's decision was based on inadequate information.
Mayor Pro Tem Adams stated that the letter also included some
photographs.
Mayor Pro Tem Adams stated his belief that private improvements will exist
within the right -of -way and that it is not uncommon.
• Council Member Debay stated that the Planning Commission thoroughly
examined the item and that the necessary points were covered at the City
Council meeting of June 13, 2000.
Volume 53 - Page 445
INDEX
(24)
Retirement/Misc.
Employees C -563 (38/66)
Waste Discharge
Requirements/
Silverado
Constructors
(51)
Ord 2000 -12
PCA 899
Front Yard
Setback/
Pacific Drive
(90/94)
J
City of Newport Beach
City Council Minutes
June 27, 2000
Motion by Council Member Debay to adopt Ordinance No. 2000 -12
approving Amendment No. 899.
The motion carried by the following roll call vote
Ayes: Thomson, Glover, Adams, Debay, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: Ridgeway
19. IRVINE TERRACE STREETLIGHT REPLACEMENT - AWARD OF
CONTRACT (C- 3298).
City Attorney Burnham stated that the issue is if the bid submitted by the
apparent low bidder, Inspection Engineering Construction (IEC), is non-
responsive for failure to provide evidence that they have successfully
completed work of similar character in the past. He stated that he does not
think that the City Council can declare IEC a non - responsive bidder, but
does have the options of declaring the bid as non - responsive, of awarding the
contract to IEC and waiving the irregularity, or of rejecting all bids.
Public Works Director Webb asked that the second recommendation in the
staff report be changed to state that the bid of IEC should be rejected as non-
40 responsive, and to delete the language that states that IEC is not the lowest
responsible bidder.
Public Works Director Webb stated that he provided supplemental
information to the City Council and IEC regarding the reference contacts
made. He added that staff also met with IEC twice to provide them the
opportunity to provide information related to projects that were of similar
character to the project being bid. He stated that no projects of similar
character were found, so the staff recommendation is still to consider the bid
as non - responsive. Public Works Director Webb asked that the findings
presented in the memorandum of June 26, 2000, be included in the action
taken by the City Council.
Jamal Deaifi, owner of IEC, commented on the engineer's staff report. He
stated that IEC owns the most updated boring machine, which would allow
for no impact to the local community during the conduit run. He added that
most of IEC's traffic signal light projects have a streetlight on top of the
traffic signal poles and are in a series circuit. He stated that these are
similar to the project being bid. He concluded by stating that IEC also has
an advantage over other bidders because of IEC's boring machine.
Motion by Mayor Pro Tern Adams to approve the plans and
specifications; 2) reject the bid of Inspection Engineering Construction (IEC)
as non - responsive because the references provided were not for work of
similar character, none of the projects listed were in primarily residential
• areas, the conduit boring operations previously performed were minor in
comparison, none of the projects listed converted 5000 -volt series circuits
system to 240 -volt multiple system while keeping the series conduit street
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INDEX
C -3298
Irvine Terrace
Streetlight
Replacement
(38)
•
•
•
City of Newport Beach
City Council Minutes
June 27, 2000
lights in operation and none of the references submitted indicated the
capability of IEC to maintain a project spread out over a significant area;
3) find the second low bidder is the "lowest responsible bidder" and award
Contract No. 3298 to F.J. Johnson, Inc. of Anaheim for the total bid price of
$272,466.30; 4) authorize the Mayor and the City Clerk to execute the
contract; and 5) establish an amount of $22,440 to cover the cost of
unforeseen work.
The motion carried by the following roll call vote
Ayes: Thomson, Glover, Adams, Debay, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: Ridgeway
27. GENERAL PLAN AMENDMENT 2000 -2 - REQUEST TO INITIATE
AMENDMENTS TO THE NEWPORT BEACH GENERAL PLAN AS
FOLLOWS: A) NORTHWEST CORNER OF MACARTHUR
BOULEVARD AND SAN JOAQUIN HILLS ROAD: A PROPOSAL TO
CHANGE THE LAND USE DESIGNATION AND DEVELOPMENT
ALLOCATION FOR THIS SITE FROM RECREATIONAL AND
ENVIRONMENTAL OPEN SPACE TO GOVERNMENTAL,
EDUCATIONAL AND INSTITUTIONAL FACILITIES, TO ALLOW
THE PROPERTY TO BE DEVELOPED WITH A CHURCH AND
RELATED USES; B) 600 ST. ANDREWS ROAD (ST. ANDREWS
PRESBYTERIAN CHURCH): A PROPOSAL TO INCREASE THE
DEVELOPMENT ALLOCATION FOR THIS SITE TO ALLOW AN
APPROXIMATE 54,600 SQ. FT. ADDITION TO AN EXISTING
CHURCH COMPLEX, WHICH MAY INCLUDE A YOUTH CENTER,
CLASSROOMS, OFFICES AND A PARKING STRUCTURE; AND C)
HARBOR AND BAY ELEMENT OF THE GENERAL PLAN: THE
PROPOSED HARBOR AND BAY ELEMENT WOULD BE AN
OPTIONAL ELEMENT OF THE GENERAL PLAN.
Council Member Thomson stated that the item includes three separate
general plan amendments.
Motion by Council Member Thomson to split the three amendments into
three separate actions.
Council Member O'Neil stated that it was brought to his attention that a
technical error was made when computing the square footage at 100
Newport Center Drive. He stated that the owner's architect determined that
there was a 790 square foot difference between what the general plan
entitlement allows and the existing floor area. Council Member O'Neil
suggested that a fourth general plan amendment initiation be added to the
list to increase the permitted floor area at 100 Newport Center Drive from
12,207 square feet to 13,002 square feet.
Council Member Thomson accepted the amendment to the motion.
The amended motion carried by the following roll call vote:
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INDEX
GPA 2000 -2
MacArthur Blvd &
San Joaquin
Hills Road/
St. Andrew's
Presbyterian
Church/
Harbor & Bay
Element
(45)
City of Newport Beach
City Council Minutes
June 27, 2000
• Ayes: Thomson, Glover, Adams, Debay, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: Ridgeway
Motion by Council Member Thomson to initiate an amendment to the
General Plan for 100 Newport Center Drive to increase the permitted floor
area from 12,207 square feet to 13,002 square feet.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: Ridgeway
Motion by Council Member O'Neil to initiate an amendment to the
General Plan, as recommended by the Planning Commission, for the Harbor
and Bay Element.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, O'Neil, Mayor Noyes
• Noes: None
Abstain: None
Absent: Ridgeway
Assistant City Manager Wood stated that the general plan amendment for
600 St. Andrews Road (St. Andrew's Presbyterian Church) is a proposal to
increase the development allocation for the site to allow an approximate
54,600- square foot addition to the church complex.
Council Member Glover stated that the church is in her district and she
believes it is premature to initiate a general plan amendment. Council
Member Glover stated that the church is located in a residential
neighborhood and that more information is needed for such an expansion.
She stated that the area is highly impacted in regards to parking and traffic
due to the high school and the residential area. She asked if the applicant
could do some community work and provide more concrete plans before
initiating the general plan amendment.
Council Member Debay clarified that the action before the City Council at
the current meeting is to initiate public hearings only and not to approve the
projects. Assistant City Manager Wood additionally stated that the agendas
for both the Planning Commission and City Council meetings were posted
for the initiation phase, that public notices would also be required if
environmental documentation is needed and, finally, that agendas would be
posted for any public hearings.
• John Huffman, Pastor of St. Andrews Presbyterian Church, stated that St.
Andrews is one of the oldest institutions in the community and is here to
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City Council Minutes
June 27, 2000
• serve the community. He stated that their concerns are the parking
situation at the church and the young people. He stated that the church
currently shares the Newport Harbor High School's parking lot. He said the
desire is not to expand the church, but to enhance the quality of the ministry
in the community. He said they would like to provide a center for kids to
come to after school and refurbish their site. Pastor Huffman stated that he
is open to pursuing other ways to accomplish these needs. He stated that
they want to be sure that they have community support.
Mayor Pro Tern Adams clarified with Assistant City Manager Wood that
general plan initiations are done three times per year. Mayor Pro Tem
Adams asked the applicant how he felt about a four -month delay. Pastor
Huffman stated that they are already trying to do the groundwork, but that
the church does not want to continue if the City does not feel that the project
is viable.
Council Member Glover confirmed with Pastor Huffman that he would like
the item to be voted on at the current meeting.
Council Member O'Neil confirmed that there would be further opportunity
for public input if the general plan amendment is initiated. Assistant City
Manager Wood did not know if the project would require an environmental
impact report (EIR), but that there would be further public hearings before
the Planning Commission and the City Council.
• Council Member O'Neil stated that the use of the site provides a tremendous
community benefit. He stated that he knows that Council Member Glover
also understands the need for the facility, but is concerned regarding the
timing of the initiation. Council Member O'Neil asked for Council Member
Glover's suggestion on how best to proceed.
Council Member Glover asked the City Attorney if it would be possible to
require the applicant to have a community outreach program. City Attorney
Burnham stated that the action being recommended at the current meeting
could not be conditioned with such a request. He stated, however, that the
City Council could encourage St. Andrews to conduct a community outreach
program. Pastor Huffman stated that the intent is only to enhance the
quality of the community. He stated that they are in the beginning stages
only and are very aware that community support is needed. He said plans
and designs have not been done yet, but they know they need additional
parking.
Motion by Council Member Glover to initiate an amendment to the
General Plan, as recommended by the Planning Commission, for 600 St.
Andrews Road (St. Andrews Presbyterian Church).
Council Member Glover stated that there must be a tremendous amount of
community input.
• Mayor Noyes suggested that Pastor Huffman work with Council Member
Glover on the process.
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June 27, 2000
• The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: Ridgeway
Council Member Thomson stated that the final general plan amendment to
consider at the current meeting is regarding the 12 -acre parcel on the
northwest corner of MacArthur Boulevard and San Joaquin Hills Road. He
stated that the amendment is to change the land use designation from
recreational and environmental open space to governmental, educational
and institutional facilities. Council Member Thomson stated that he
understands that a church may be placed on the property and expressed his
concern for access to and from the property. Further, he expressed his
concern for the open space that would be lost if the land use designation is
changed. He suggested that further studies be done on how the property can
be utilized and how the traffic would be handled. Council Member Thomson
requested that there be more public input before an initiation is approved.
Motion by Council Member Thomson to deny the initiation of the
amendment to the General Plan for the northwest corner of MacArthur
Boulevard and San Joaquin Hills Road.
• Motion failed for lack of a second.
Council Member O'Neil stated his familiarity with the general amendment
request. He stated that he has talked with representatives from St. Mark
Presbyterian Church regarding their desire to relocate their facility from
Mar Vista Drive to MacArthur Boulevard and San Joaquin Hills Road. He
stated that their reason is to allow for the possible expansion of Our Lady
Queen of Angels School. He stated that a lottery system is currently used to
register children into the K through 8 school. Council Member O'Neil stated
that although there may be other locations to put the St. Mark Presbyterian
Church, an extensive survey was done for vacant land in Newport Beach and
the MacArthur Boulevard and San Joaquin Hills Road site was determined
to be the best and most available piece of property. He stated that if the
initiation is approved, there would be opportunities for traffic studies. He
added that the church would need to go through a tremendous amount of
fundraising, but needs some preliminary information before they can begin
the process. Council Member O'Neil stated that he feels the project is
worthwhile.
Motion by Council Member O'Neil to initiate an amendment to the
General Plan, as recommended by the Planning Commission, for the
northwest corner of MacArthur Boulevard and San Joaquin Hills Road.
Council Member Debay confirmed with Assistant City Manager Wood that
an initiation to an amendment is followed by many public hearings, studies
• and a vote would still be taken on the approval of the project itself.
Mayor Noyes stated that he supports many of Council Member Thomson's
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June 27, 2000
• comments and agrees that using open space must be done carefully. He
suggested that the possibility to trade it for other open space should be
considered.
Council Member Thomson asked if Council Member O'Neil would add
recreational and environmental open space as an option for the land use
designation at the site. City Attorney Burnham stated that it would be
unnecessary because if the general plan amendment is denied, the site
would remain as recreational and environmental open space.
Council Member O'Neil stated that he would support the retention of the site
as open space if the specified project were not approved.
Jan Vandersloot, 16th Street, stated his support for Council Member
Thomson's comments and the site remaining as open space. He requested
that if a facility is approved for the site, that the applicant be made
responsible for replacing the open space acres lost. Dr. Vandersloot
requested that an environmental impact report (EIR) be prepared and that
traffic and open space issues be addressed.
Bob Caustin stated his support for Council Member Thomson's motion. He
stated that he knows families who have had to go through the lottery system
to enable their children to attend Our Lady Queen of Angels School, but that
the issue of open space should not be looked at in conjunction with the
• expansion request. He urged the City Council to look at the open space and
traffic issues only.
Bernie Rome, President of the Big Canyon Community Association, stated
his support for Council Member Thomson's comments. He stated that the
MacArthur Boulevard and San Joaquin Hills Road site is in a very
prominent location, with many people driving by it from the 73 Freeway to
Newport Center. He stated that a site that was rightfully set aside as open
space should remain as open space, regardless of the use needed. Mr. Rome
stated that other developers have found that the site is not useable because
only one driveway is possible. He stated that the cross traffic in the area is
already a nightmare, and cited San Miguel Drive and MacArthur Boulevard
as an example of such a problem. He stated that the only use of the site that
makes sense is for Big Canyon to use the space, since it is near a gate they
already use. Mr. Rome added that he understands that Our Lady Queen of
Angels can meet their expansion needs at their current site. He urged the
City Council to support Council Member Thomson's motion. Mr. Rome
stated that his comments did represent those of the Big Canyon Community
Association Board.
Council Member Glover confirmed with City Attorney Burnham that the site
is not a parcel in the Circulation Improvement and Open Space Agreement
(CIOSA). She further confirmed that The Irvine Company owns the
property.
• Planning Director Temple stated that the site has always been designated as
open space in the City's general plan. She stated that it was a residual
right -of -way piece of property reserved by The Irvine Company at the time
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City of Newport Beach
City Council Minutes
June 27, 2000
• the 73 Freeway was planned to tie in with Coast Highway, and was to be
part of a one -way couplet utilizing Avocado Avenue and MacArthur
Boulevard.
Council Member Glover confirmed with Planning Director Temple that the
parcel differs from the site above the Central Library because it is not a part
of CIOSA and would not be donated to the City.
Council Member O'Neil urged a favorable vote on the initiation, so that the
project can be considered prior to the next general plan amendment
initiations. He stated that if community support is not received during the
planning process, he did not feel that St. Mark Presbyterian Church would
want to proceed with the project. He added that he would not vote for the
project if the community support is not there and if it is not found to be
environmentally sound.
Mayor Pro Tem Adams asked about the one -way couplet idea. He stated
that Coast Highway was designed to use the couplet, with Avocado Avenue
handling all of the southbound traffic and MacArthur Boulevard handling
the northbound traffic. He stated that there currently is a problem with
getting cars into Newport Center on San Miguel Drive and San Joaquin Hills
Road, as well as the issue of traffic volumes on the adjacent neighborhoods
east of MacArthur Boulevard. Mayor Pro Tem Adams stated the there are a
lot of issues associated with the use of the site, and requested that the one-
way couplet also be considered.
Tracey Baltera stated her support for Council Member Thomson's comments.
She expressed her affection for Newport Beach and stated that the site
should remain as open space. She stated that views should be preserved and
open space should be left as open space.
Council Member Thomson stated that his family attends Our Lady Queen of
Angels, but he feels strongly that open space needs to be preserved. He
stated that the focus should be on assisting St. Mark Presbyterian Church
with a different location.
Council Member Debay stated that she understands both sides of the issue.
She confirmed with Assistant City Manager Wood that the applicant, The
Irvine Company, does not have a representative in attendance at the current
meeting. Council Member Debay clarified that an initiation is only a
beginning step and that future public hearings would take place.
Mayor Pro Tem Adams agreed that keeping the site as open space is a good
one, and wants the circulation issues to be looked at throughout the public
process.
Council Member O'Neil stated that he supports the project and feels that it
is an appropriate use of the site, but he is feeling that there is not support
for even the initiation of the general plan amendment from the City Council
• or the public at the current meeting. He stated that he doesn't feel that St.
Mark Presbyterian Church would want to relocate if the community does not
support the idea.
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• Council Member O'Neil withdrew his motion.
Mayor Noyes stated that times in the City are very controversial right now,
that open space is limited and that it's not the time to add another project for
the public to look at. He stated that other issues should be resolved before
new ones are taken on.
Motion by Council Member Thomson to deny the initiation of the
amendment to the General Plan for the northwest corner of MacArthur
Boulevard and San Joaquin Hills Road.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: Ridgeway
PUBLIC COMMENTS
Bob Caustin thanked staff for their assistance in bringing to light the issues
that are affecting Newport Bay. He stated that Defend the Bay is seeking
public support to keep the $13 million that was designated for Newport Bay
• dredging. He stated that Defend the Bay is distributing flyers asking the
public to contact Governor Davis. Mr. Caustin stated that anyone wishing to
receive information can call Defend the Bay at 722 -7822.
Council Member Debay stated that a project will be started on San Miguel
Drive between MacArthur Boulevard and Avocado Avenue. She stated that
the project will take 45 working days, or three months. Public Works
Director Webb added that the work should begin around the beginning of
August, and that some traffic congestion problems are expected but will be
minimized as much as possible.
PUBLIC HEARINGS
29. APPEAL OF PLANNING COMMISSION'S DENIAL OF VARIANCE
NO. 1237 - NAVAI RESIDENCE (JIM NAVAI, APPELLANT).
Continued the hearing to July 25, 2000, at the request of the appellant.
31. APPOINTMENTS TO BOARDS AND COMMISSIONS.
Mayor Noyes announced that the City Council would be voting for one
vacancy on the Board of Library Trustees and that the nominees were
William Adams and Walter Howald. He stated that there were two
• vacancies on the City Arts Commission with the nominees being Lyn Belasco
(incumbent), Arlene Cartozian (incumbent), Patricia Stark and Catherine
Turco. Mayor Noyes stated that the two vacancies on the Civil Service
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Variance 1237
Appeal
(91)
Appointments to
Boards and
Commissions
(24)
City of Newport Beach
City Council Minutes
June 27, 2000
• Board would be selected from the Fire & Police Association Nominees, which
were Timothy Brown, Paula Godfrey, Sidney Stokes and Douglas Wood.
And, lastly that the Planning Commission vacancy would be chosen from
Shant Agajanian and Jeffrey Cole.
City Clerk Harkless read the votes as follows:
Mayor Noyes - Howald; Belasco, Cartozian; Godfrey, Wood; Agajanian.
Council Member Thomson - Howald; Belasco, Cartozian; Godfrey, Wood;
Agajanian.
Council Member
Glover
- Howald;
Belasco,
Cartozian;
Godfrey,
Wood;
Agajanian.
Mayor Pro Tern
Adams
- Howald;
Belasco,
Cartozian;
Godfrey,
Wood;
Agajanian.
Council Member
O'Neil -
Howald;
Belasco,
Cartozian;
Godfrey,
Wood;
Agajanian.
Council Member
Debay -
Howald;
Belasco,
Cartozian;
Godfrey,
Wood;
Agajanian.
• City Clerk Harkless announced the appointment of Walter Howald to fill the
vacancy on the Board of Library Trustees, Lyn Belasco and Arlene Cartozian
to fill the two vacancies on the City Arts Commission, Paula Godfrey and
Douglas Wood to fill the two vacancies on the Civil Service Board and Shant
Agajanian to fill the vacancy on the Planning Commission.
Mayor Noyes congratulated those that were appointed and thanked them for
volunteering their time.
32. REPORT FROM CITY ATTORNEY ON NEWPORT VILLAGE
PARCEL - PROPOSED ARTS & CULTURAL CENTER - SUMMARY
OF LEGAL ISSUES (contd. from 6/13/00).
City Attorney Burnham stated that a request was submitted to the City
Council at its meeting of June 13, 2000, to reserve approximately 3 1/2 acres
of land north of the Central Library for an arts and cultural center. He
stated that the request was submitted by an ad hoc committee, primarily
comprised of members of the Board of Library Trustees and the City Arts
Commission. He stated that the proposed arts and cultural center would
occupy approximately 22,000 square feet of building, and possibly a parking
structure and an access bridge.
City Attorney Burnham stated that the matter was referred to his office to
look at some of the legal issues. He stated that the recommendation is for
the City Council to deny the request for reservation without prejudice
• because the proposed use is not consistent with the general plan and there
has been no environmental documentation prepared. City Attorney
Burnham stated that if the City Council desires to pursue the project
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Village Parcel/
Arts & Cultural
Center
(62)
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June 27, 2000
• further, that an ad hoc committee should be appointed. He stated that the
ad hoc committee should be comprised of members of the City Council, the
Arts Commission, Library Board of Trustees and the Parks, Beaches &
Recreation Commission, and should meet with the parties interested in the
site. He stated that the ad hoc committee should look at multiple uses for
the site and obtain the additional information needed if an environmental
report or a general plan amendment are determined to be necessary. City
Attorney Burnham stated that, finally the City Council members on the ad
hoc committee should report back to the City Council.
Jan Vandersloot, Stop Polluting Our Newport (SPON) Steering Committee,
objected to the fact that the item was moved up on the agenda since some
people wouldn't have expected it to be before the City Council so early in the
meeting and may not be present to express their viewpoints.
Dr. Vandersloot stated that SPON feels that the property should remain as
open space. He stated that the area should be developed as a park and that
any structure built on the site, such as parking, should be compatible with a
park. He stated that possibly an educational component could be
incorporated, but clarified that this was his opinion and not necessarily that
of SPON's. He stated that the composition of the ad hoc committee should
include people who want the site to remain as open space. He stated that
the library exchange agreement kept this site as open space because of
development that occurred elsewhere.
• Don Martin, 423 Vista Flora, Corona del Mar High School Principal, stated
that the Corona del Mar High School staff and Foundation have held a vision
for a performing arts theatre. He stated that currently the students have to
go to the Newport Harbor High School campus for performances, which is
cumbersome and undesirable. He stated that a joint use facility had been
discussed and Walter Howald suggested the site above the Central Library.
He stated that the Foundation financially and conceptually supports the
utilization of this site for a theatre. He stated that the number of students
attending Corona del Mar High School continues to grow, and that a joint
use facility on that side of the bay would be desirable.
Don Gregory, 601 Lido Park, Arts Commissioner, stated that he spoke at the
City Council meeting of June 13, 2000, to request the arts and cultural
center. Mr. Gregory stated his support for the City Attorney's
recommendation and feels that the process is now finally beginning. He
stated that his request for the center was contingent on many things and
this process would allow for those things to be studied and talked about. He
stated that an intelligent and cooperative coalition should be able to come up
with multiple uses for the site and make it work for everyone.
Council Member Debay asked Mr. Gregory's feelings about a park at the site
along with an arts and cultural center, both sharing the same parking lot.
Mr. Gregory stated that he totally agreed with the concept and feels that a
park is the perfect setting for an arts and cultural center. He stated that it
is important for the public to have a place to relax and learn.
• Debra Allen, 1021 White Sails Way, thanked the City Council for moving the
item up on the agenda so that those wishing to comment would not have to
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June 27, 2000
• wait until so late in the evening. She stated that the Corona del Mar
Residents Association requests that the site be looked at as a whole and that
all 12 acres be considered together. She stated that she would like to see
most, or all, of the land remain as open space, but that an arts and cultural
center could possibly be looked at in conjunction with a park.
Mayor Noyes stated that the site will be looked at as one parcel, and is the
reason for the City Attorney's recommendation to include a variety of
interests in the ad hoc committee.
Tracey Baltera stated that she was appalled when she first went to the
Central Library and couldn't find a tree nearby to sit under to read her book.
She stated her disappointment in anyone wanting to put a building on open
space and block the public's view. She stated that a facility that wouldn't
block views could be incorporated into the site. She stated that the use of
the site should be voted on by the public.
Val Skoro, 1601 Bayadere Terrace, member of the Parks, Beaches &
Recreation Commission, stated his support for Ms. Allen's comments. He
stated that many public hearings should take place before a decision is made
on the site and that a consensus should be reached. Mr. Skoro stated that
the Parks, Beaches & Recreation Commission has not reviewed the request
for an arts and cultural center, but he did state his agreement with prior
comments that the entire parcel be considered at the same time.
• Motion by Mayor Pro Tern Adams to 1) deny the request for reservation
without prejudice to reconsideration at some future date; 2) direct the ad hoc
committee to: (a) meet with interested parties, members of the community
and potentially impacted residents to determine their position on Center and
the appropriate use(s) of Newport Village; (b) determine if the Center would
preclude other uses of Newport Village site that may have support in the
community; (c) obtain any information necessary to initiate general
plan/zoning amendments for the Center if the Council were inclined to do so;
and 3) request that the ad hoc committee report the findings and make
recommendations to the City Council after completing the tasks outlined in 3
(a) -(c).
The motion carried by the following roll call vote
Ayes: Thomson, Glover, Adams, Debay, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: Ridgeway
Mayor Noyes appointed Council Members Glover (Chairman) and Thomson,
Don Gregory from the Arts Commission, Catherine Saar - Kranzley from the
Board of Library Trustees and Debra Allen from the Parks, Beaches &
Recreation Commission to serve on the ad hoc committee.
• Mayor Noyes stated his optimism that the ad hoc committee can work
together at looking at all of the options for the site. He added that the
meetings of the ad hoc committee would be open to the public and properly
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•
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City Council Minutes
June 27, 2000
noticed.
CURRENT BUSINESS
33. 2000 -01 BUDGET ADOPTION.
City Manager Bludau stated that the City Council has reviewed the budget
over three two -hour study sessions. He stated that there are two
components needing action at the current meeting. City Manager Bludau
stated that the first item for consideration was the budget checklist, which
totals $3,637,774. He stated that the budget checklist is made up of
supplemental requests, the reorganization of the Marine Division, Haz Mat
program restructuring and capital improvement program rebudgets. He
stated that $529,000 of the total is offset by oil spill recovery funds and
$723,217 is considered "new monies ". City Manager Bludau stated that the
second item needing action is the adoption of the budget resolution.
Council Member Debay confirmed with City Manager Bludau that the entire
budget checklist could be included in the budget adoption.
Motion by Council Member O'Neil to include all the checklist items in
the 2000.01 Budget.
The motion carried by the following roll call vote:
Ayes: Thomson, Glover, Adams, Debay, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: Ridgeway
Motion by Council Member Debay to adopt Resolution No. 2000 -62
adopting the City's 2000 -01 Budget, as amended by the approved checklist
items, for a total budget of $138,087,281.
Council Member Glover stated her appreciation to the City Manager for the
format in which the budget was presented.
The motion carried by the following roll call vote
Ayes: Thomson, Glover, Adams, Debay, O'Neil, Mayor Noyes
Noes: None
Abstain: None
Absent: Ridgeway
34. ANALYSIS OF PROTECTION FROM TRAFFIC AND GROWTH
INITIATIVE.
Item continued.
PUBLIC HEARING
30. NEWPORT DUNES RESORT (NEWPORT DUNES PARTNERSHIP,
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11011 1:1
Res 2000 -62
FY 2000 -01
Budget
Adoption
(40)
Protection from
Traffic and Growth
Initiative /Gre e nli ght
(39)
Newport Dunes
City of Newport Beach
City Council Minutes
June 27, 2000
• APPLICANT) - A GENERAL PLAN AMENDMENT, LOCAL COASTAL
PROGRAM LAND USE PLAN AMENDMENT, ZONING CODE
AMENDMENT, AND PLANNED COMMUNITY DISTRICT PLAN FOR
THE 100 -ACRE NEWPORT DUNES PROPERTY AND A
CONCEPTUAL PRECISE PLAN FOR A HOTEL AND TIME -SHARE
COMPLEX WITH CONFERENCE, MEETING, AND BANQUET
FACILITIES, RESTAURANTS, A HEALTH CLUB AND SPA, RETAIL
AND SERVICES AREAS, AND SWIMMING POOLS AND
LANDSCAPED GARDEN AREAS (contd. from 6/13/00).
Mayor Noyes stated that Ed Selich, Chairman of the Planning Commission,
made a presentation at the City Council meeting of June 13, 2000, that
outlined the process used by the Planning Commission to evaluate the
proposed Newport Dunes Resort project.
Mayor Noyes announced that the hearing would be closed at 12:00 a.m. and
that a fifteen- minute break would take place at 9:45 p.m. He stated that
presentations would be provided by the applicant, the Environmental
Quality Affairs Citizens Advisory Committee (EQAC) and a group of
residents who live around the bay. He stated that these presentations would
be followed by individual testimony.
Planning Director Temple began by comparing the development with the
settlement agreement, which was adopted and approved by the County, the
• City and the applicant. She stated that the existing facilities include: 7500
square feet of marine repair facility and coffee shop, a meeting room that
seats 100 people, 7000 square feet of office and administrative headquarters,
a 440 -space recreational vehicle (RV) park with supporting facilities, a 200 -
boat marina with supporting facilities, a 400 -apace dry boat storage area, a
6 -lane boat launching ramp and a 185 -space boat trailer storage.
Planning Director Temple stated that the settlement agreement does
envision additional development, including a 275 -room family inn to be
located on the west side of the swimming lagoon. She stated that the family
inn is required to have kitchen facilities in 40% of the units, is allowed to
have recreational and fitness equipment, but is not allowed any permanent
audio /visual facilities or equipment. She stated that the total size of the
facility can be up to 500,000 square feet with a height limit of 38.5 feet, and
a pitched roof requirement. Planning Director Temple stated that a 12,500 -
square foot net public area restaurant located adjacent to, or within, the
family inn is also permitted. Additionally, a 15,000- square foot net public
area freestanding restaurant is permitted under the settlement agreement.
She explained that "net public area" in reference to restaurants is usually
60% of the overall total. Planning Director Temple stated that the
settlement agreement also allows for 5000 square feet of freestanding
commercial and office space.
Council Member O'Neil asked for the City Attorney to explain the settlement
agreement, what it settled and if the proposed recommendation of the
• Planning Commission would violate it. City Attorney Burnham stated that
the settlement agreement resolved litigation that was filed by the City
against the County, related to the approval of the redevelopment plan for the
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110011 D11
Resort/
GPA 97 -3(F)/
PCA 878
(45)
City of Newport Beach
City Council Minutes
June 27, 2000
• Dunes. The City contended that the environmental impact report (EIR)
prepared by the County was inadequate. City Attorney Burnham stated
that the development agreement would not violate the settlement agreement
because they are separate documents, but that if all statutes of limitations
for legal or electoral challenges to the development agreement expire, the
development agreement would supercede the settlement agreement. He
added that if the development agreement is not approved, the Dunes has the
vested right to proceed with the development that remains under the
settlement agreement.
Mayor Pro Tem Adams asked what approval process is necessary to develop
the site pursuant to the settlement agreement. City Attorney Burnham
stated that it would just be the payment of the remaining fees and the
submittal of the necessary building permit applications. Per Mayor Pro Tem
Adams' request, City Attorney Burnham explained that an amendment to
the settlement agreement in the mid to late 1980's reformulated the manner
in which the traffic fees would be paid and also changed the manner in
which the restaurant entitlement could be constructed. He added that other
amendments may have affected the dry boat storage, the boat slips, the
marina amenity building and the Back Bay Cafe.
Mayor Pro Tem Adams stated that the 275 -room family inn can have up to
500,000 square feet of floor area. He stated that the floor area seems high
when compared to the proposed project and the total number of rooms. City
• Attorney Burnham stated that he did not know how the numbers were
determined. Mayor Pro Tem Adams explained that the square footage for
the family inn is similar to the proposed development, which has 370 rooms
and 75 timeshares. City Attorney Burnham suggested that possibly the
500,000 square feet might have been a reduction from the redevelopment
plan. He added that the family inn would also have kitchenettes and was
possibly expected to have larger rooms.
Mayor Pro Tem Adams asked what total square footage is being requested
for the proposed development. He stated that he wanted to understand the
difference between the entitled facility and the proposed facility. Planning
Director Temple stated that the proposed hotel is 421,000 square feet with
the timeshare buildings occupying 160,000 square feet for a total of
approximately 580,000 square feet. Mayor Pro Tem Adams asked for a
calculation to be made of the total square feet allowed under the settlement
agreement, including the restaurants.
Mayor Noyes opened the public hearing.
Anne Evans, Chairman of Evans Hotels, the owner /operator of the Newport
Dunes Resort, stated that four years ago they began the process of bringing
forward their vision for an improved Newport Dunes Resort. She stated that
she is thrilled to be before the City Council to present their exciting proposal.
Ms. Evans stated that Evans Hotels is the owner /operator of several hotels,
including the Bahia Resort Hotel and Catamaran Resort Hotel on Mission
• Bay and the Lodge at Torrey Pines.
Ms. Evans stated that Evans Hotels has been involved at the Newport Dunes
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June 27, 2000
• for approximately thirty years, investing almost $40 million. She displayed
some slides that showed the original facility and other points made in her
presentation. She stated that the process has been character building and
given them the opportunity to know the Newport Beach area well.
Robert Gleason, Chief Financial Officer of Evans Hotels, stated that he had a
lot of material to cover and that much of it is the outgrowth of several
Planning Commission hearings and questions raised. Mr. Gleason also used
an overhead projection while discussing his points.
Mr. Gleason stated that the Dunes Resort is located on 100 acres of State
tidelands. He stated that there is a long -term ground lease with the County
that has about forty years left on its term. He showed an overhead
projection of the Newport Dunes and the surrounding area.
Mr. Gleason stated that the first phase of the complete renovation was begun
in 1989 and covered the bulk of the land area. He stated that the second
phase began shortly thereafter and included a marina and landside facilities.
He stated that they are now prepared to undertake the ambitious third
phase of the project. Mr. Gleason stated that the settlement agreement was
approved by the City in 1983 and based upon the Dunes' 1980 development
proposal. He stated that the settlement agreement called for a
motellrestaurant/retail complex totaling a maximum of approximately
530,000 square feet, with access via Bayside Drive. He stated that it only
• included unit count, square footage and height restrictions. Mr. Gleason
stated, however, that after careful review by the Dunes, it was decided that
the project did not meet the needs of the City, the community or the Newport
Dunes. He stated that the project currently being proposed is much different
than the previously approved project.
Mr. Gleason stated that the Dunes hired Wimberly Allison Tong & Good
(WATG) to design the project. He stated that WATG is the world's
preeminent hotel architects, are locally based and known for such projects as
the Four Seasons in Newport Beach and the Ritz - Carlton in Laguna Niguel.
Mr. Gleason showed the proposed site plan and noted the 370 -room hotel,
the other amenities included in that same building, the 31,000 square foot
conference center and the 75 two - bedroom timeshares. He compared the
hotel room count to the 570 -room Marriott, the 435 -room Sutton Place and
the 405 -room Hyatt Newporter.
Mr. Gleason showed that parking would be located in two areas, with the
majority in a three -level parking structure. He stated that the main
entrance would be from Bayside Drive, as was approved in the settlement
agreement, and includes a bike trail and sidewalk.
Mr. Gleason showed some three - dimensional virtual tours of the site. The
tours included entry into the project at Bayside Drive, an overall tour of the
project, the central courtyard and the active courtyard.
• Mr. Gleason continued his presentation by discussing the real and perceived
impacts of the project. He stated that the items were dealt with by the
Planning Commission but that due to an extensive community outreach
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June 27, 2000
• program, the Dunes knew of the impacts before the hearings with the
Planning Commission. He stated that the community outreach program
began approximately eighteen months ago and included seeking input from
City residents, project neighbors, community groups and community
associations. He stated that the Dunes communicated with thousands of
people and even created a project - specific website at
www.newportdunes.com. He stated that the site averages between 150 and
200 hits per week.
Mr. Gleason summarized the Planning Commission process, as discussed by
Mr. Selich at the City Council meeting of June 13, 2000, by stating that
there were ten Planning Commission hearings which led to extensive plan
changes, concessions, compromises and conditions on the project. He stated
that they were proud to receive the Planning Commission's unanimous
recommendation for approval. Mr. Gleason listed the plan changes made
during the Planning Commission process as including the reduction in
timeshare units from 100 to 75 and the reduction in the lock -off capability, or
the capability to rent the two - bedroom units separately, from 100 to 25. He
stated that the conference center was reduced by approximately 25 %, to
31,000 square feet. He stated that the overall height reductions included the
elimination of all fifth floor elements and the elimination of third and fourth
floor elements along the marina timeshare section. He said these reductions
resulted in only 17% of the buildings being over three stories.
• Mr. Gleason stated that the first impact identified was the potential land use
conflict. He stated that the Dunes met with the Bayside Village residents
over fifteen times to hear their concerns and attempt to create solutions. He
stated that, as a result, two major changes were made which included the
addition of a gatehouse and changes to service access. He stated that the
addition of a gatehouse will improve access for the Bayside Village residents
by controlling the intersection. He listed the changes that were made to the
common property line with Bayside Village, which included the relocation of
the employee and delivery access from Bayside Drive to Back Bay Drive. He
showed that the new layout on the common property line would include the
existing wall plus a greenbelt, a bike trail, another greenbelt, a sound wall,
more landscaping, the service and emergency road and more landscaping.
He stated that the original building setback of fifty feet was increased to a
minimum of 100 feet and an average of 115 feet.
Mr. Gleason stated that plan changes were also made to address the
concerns of the residents at Dover Shores. He stated that their concerns
primarily related to the timeshare units. He stated that the changes made
included the removal of one of the building on the bulkhead, reducing pad
heights, increasing the setbacks and reducing the units to two - story.
Mr. Gleason showed an image illustrating the extent of the plan changes.
Mr. Gleason stated that the issue of traffic is foremost in everyone's mind
and is the most important issue on any project. He stated that the first
question usually asked is regarding a better entrance to the hotel than
• Bayside Drive. Mr. Gleason stated that the Dunes, the Planning
Commission and staff also felt that there must be a better alternative access
point. He stated that five alternative proposals were studied. He showed
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• the five entrance alternatives in an illustration and stated that due to
planning, environmental and pragmatic issues, the determination was
repeatedly made that none of the alternatives were practical or feasible.
Mr. Gleason stated that the Back Bay Drive entrance alternative was
brought up the most and he illustrated what the alternative would look like.
He stated that the alternative would require the removal of RV spaces,
relocation of day parking, removal of boat storage spaces and removal of
some buildings. He added that the Back Bay Drive entrance alternative
would also increase traffic along Mayflower.
Mr. Gleason stated that another entrance alternative that was looked at was
the Promontory Drive signalized intersection. He stated that the major
obstacle with the alternative is the 45 -foot grade differential. He stated that
other obstacles include removal of RV spaces, right -of -way issues and
Coastal Commission concerns regarding bluff top development. Mr. Gleason
added that there have also been little or no clear traffic benefits
demonstrated by using the alternative.
Mr. Gleason displayed a chart showing the City's consultant report on the
trip generation for the proposed project compared with the original entitled
settlement agreement proposal. Mr. Gleason explained that when the
complete entitled project is looked at, the total trips equals 3,989 trips per
day. With the new proposed project, the total is 3,600, or 389 fewer trips per
day. Mr. Gleason pointed out that the trips were for City circulation as a
• whole and not exclusively trips on Bayside Drive. Mr. Gleason stated that
the goal of the Dunes was also to reduce trips on Bayside Drive below the
entitled amount. He stated that to address this, all employee and service
trips would access the project on Back Bay Drive.
Mr. Gleason stated that other features that reduce traffic impacts include
the fact that most trips are off -peak, shuttle service would be provided for
the airport and other local destination areas, and intersection improvements
would be made at Bayside Drive and Coast Highway.
Mr. Gleason stated that the conference facilities also received a great deal of
traffic- related scrutiny. He noted that the trip generation factor does include
the conference center, as well as all other project amenities. He stated that
the statistic was confirmed by comparing the proposed conference space with
comparative competitors and also using other studies. Mr. Gleason stated
that the conference center will not generate the traffic that some expect
because the meeting space is designed to sell hotel rooms and to attract
group business, with several different rooms being utilized by a single group
at one time. He added that operational constraints will limit the occupancy
to less than the maximum allowed. Mr. Gleason stated, however, that due to
continued concerns regarding the impacts of the conference center, the
Dunes accepted limitations on its use. He stated that there are two
conditions being placed on catered events that limit occupancy and
arrivals /departures. He stated that one applies Monday through Friday and
another applies to summer weekends.
• Mr. Gleason stated that the proposed project adequately provides for
parking. He noted a parking analysis chart that provided a number of
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• figures and stated that the settlement agreement provided for 1.17 parking
spaces per guest room, while the proposed project is providing 1.86 parking
spaces per room. He stated that this is almost double that required of any
other hotel in the City.
Mr. Gleason stated that clean water is their business and they were a part of
a pilot project that diverted non - resort runoff into the sewer system. He
stated that they've also recently completed their water quality management
plan. He stated that the plan includes best management practices, calls for
all project runoff to go through settlement basins and clarifiers before
entering the bay with no runoff into the lagoon, less paving surface than the
original plan and trash traps on all drains. He stated that they have been
working with a number of community organizations, including
CoastKeepers.
Mr. Gleason stated that the visual impacts of the proposed project were
previously discussed, but that the net increase is less than 10% of the
entitled project. He showed an illustration comparing the height reductions
of the original proposal and the new proposal. He further explained that the
roof heights of the two -story sections would be 25 to 33 feet, the three -story
sections would be 30 to 40 feet and the four -story sections would be 44 to 53
feet. Mr. Gleason stated that the only exceptions would be elevator shafts
and architectural details, which would have a maximum height of 62 feet.
He stated that 83% of the project is two and three stories, while 17% of the
• project is four stories.
Mr. Gleason stated that the views fall into three categories and include the
views from the surrounding bluff top areas, the immediate neighbors and the
swimming lagoon at the Newport Dunes. He stated that the EIR found no
significant impact to the bluff top views or the immediate neighbors. He
stated that since the Dunes is visible from so many areas, they created
sixteen separate visual simulations. He stated that the visual simulations
have been continually updated throughout the process as revisions have
been made. Mr. Gleason showed visual simulations of the views from Coast
Highway, Castaways, Villa Point, Sea Island, Harbor Cove, Bayside Drive,
Bayside Village, Dover Shores and the eastside of the swimming lagoon. He
stated that the EIR found a significant impact with the view from the beach
at the Dunes.
Mr. Gleason stated that the veracity of the visual images is assured in
several ways. He stated that, first, there is a project condition that states
that the project's final design and construction will conform to the images.
He stated that they have also provided tangible proof through a physical
representation of the project that was done with color -coded balloons in 23
locations. He stated that the balloons were flown for ten days and with
photographs showed that the balloons were where they were predicted to be
in the diagram.
Mr. Gleason stated that in regards to noise impact, the EIR found that the
• only significant impacts were related to vehicular noise. He stated that the
impacts could be mitigated by sound walls. He stated that the EIR found no
other significant noise impacts because of the design of the project and
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because of the City's stringent regulations and enforcement mechanisms.
With the use of an overhead photograph of the site, Mr. Gleason explained
that sound could travel in a straight line to the guests at the Hyatt
Newporter 1500 feet away, but that sound traveling anywhere else is blocked
by the project's buildings or the area's natural topography. He stated that
the provisions of the City's noise ordinance, special and standard project
conditions and the Planned Community District Plan regulate the noise from
the property. He stated that these regulations include a maximum sound
level of five decibels less than the City's noise ordinance for certain noises,
outdoor amplified music prohibited at night and a noise abatement program,
if necessary. Mr. Gleason stated that due to public comments, the City
performed additional noise analyses addressing the concerns of the Dover
Shores residents. He stated that these studies found that the distance to
their homes sufficiently attenuates sound. He stated that the affects of noise
traveling over water or reverberating off hillsides were only found to have a
slight effect on noise transmission.
Mr. Gleason stated that no significant lighting impacts were found. He
stated that it is, again, due to the physical design of the project and
protection of normal City regulations and special conditions. He stated that
the lighting levels are warm and low, and much of it is shielded from view.
Mr. Gleason stated that a lighting plan will be submitted during further
discretionary review of the project, and must show no spill or glare to
adjacent sites, impact to the bluff top roadways, impact to off -site views or
• detract from biological resources. Mr. Gleason stated that the project is also
subject to an evening inspection and the City may, at any time, order the
dimming of the light sources.
Mr. Gleason stated that the project meets a number of City needs,
strengthens the local economy and provides a first -class quality project. He
noted the experience and reputation of the architectural firm, the
development agreement provisions, the Planned Community District Plan's
design guidelines and the precise plan conditions. He added that the
Planned Community District Plan is really the crux of the proposal and goes
beyond basic zoning and entitlements.
Mr. Gleason stated that the project also provides much needed conference
space and catering venues. It is designed to attract the corporate conference
segment of the lodging market and provides a larger catering venue for local
civic and charitable groups.
Mr. Gleason stated that the project also includes enhanced pedestrian and
bicycle access by connecting trails on Coast Highway with an extensive
series of trails internal to Newport Dunes.
Mr. Gleason stated that the project provides significant new revenue to the
City's general fund and to the local economy as a whole. He stated that the
City's fiscal impact analysis showed $1.4 million annually in net new
revenue from transient occupancy tax (TOT), sales tax and property tax. He
. added that the City's TOT collections would increase by almost 20% and that
Newport Dunes would become the City's third highest revenue contributor.
Mr. Gleason stated that the figures do not include the other benefits to the
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• local economy, which include an estimated $25 million spent annually by
guests of the property in local businesses and a reduction of seasonal
fluctuations due to the timeshares and conference center. He added that
timeshare guests typically spend 30% more than hotel guests. He noted that
timeshare units produce 12% more revenue than hotel units because of the
higher property and sales tax collected. Mr. Gleason stated that the local
schools will also benefit through the building fees and the ongoing property
tax contribution.
Mr. Gleason stated that the concern for property values was addressed by
contacting an expert in urban economics, Mr. Louis Masotti, who concluded
that higher end hotel projects are generally economically beneficial and
serve to enhance community reputation and property values in the area.
Mr. Gleason stated that the major components of the development
agreement include a quality assurance guarantee, that over $1 million be
paid in traffic - related fees and construction costs, and the imposition of an
occupancy -based fee for timeshare exchangers. Mr. Gleason added that the
Newport Dunes will also contribute $75,000 to programs to improve water
quality or the environment, accept responsibility for the permanent
diversion of the storm drain, contribute $25,000 to the marine educational
facility on Shellmaker Island and contribute $200,000 to a view park at
Coast Highway and Jamboree Road.
• Mr. Gleason concluded his statement by saying that the Newport Dunes is
pleased to present their project, looks forward to continued public input and
has tried hard to minimize the impacts of the project. He stated that they
believe that the project is good not just for Newport Dunes, but for the
citizens of Newport Beach and for the City itself.
Robert Hawkins, Chairman of EQAC, stated that EQAC was formed by
Resolution 87 -14 and restructured by Resolution 98 -17. He stated that,
pursuant to the resolutions, EQAC was expected to review and make
recommendations on EIR's, receive local homeowner association input and to
provide information back to local homeowner associations. Mr. Hawkins
stated that EQAC met at least four times regarding the Dunes proposal,
formed a subcommittee, which also met several times, listened to members
of the public and, finally, developed written and oral comments on the
project.
Mr. Hawkins thanked the City Council for allowing EQAC to give a
presentation at the current meeting and he acknowledged the Planning
Commission for their fine effort and hard work. He stated that EQAC still
has several remaining issues. He stated that he will cover the first four
which include the project description and visual impacts, water resource
impacts and mitigation, noise and lighting impacts, and public access
impacts. He stated that Barry Eaton, EQAC member, would discuss the
issues regarding traffic and parking.
• Mr. Hawkins stated that Mr. Gleason acknowledged that the EIR recognized
that there would be significant and unavoidable impacts on one particular
viewscape, but failed to note that there would also be cumulative impacts
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• that could not be mitigated. Mr. Hawkins stated that since the Dunes has
not provided a model that would show the impacts, the full extent or possible
mitigation of the impacts are not known. He stated that EQAC has urged
the applicant to develop a three - dimensional model. He stated that the
balloon outline was an attempt to address the issues, but its success was
limited. He stated that EQAC recommends that the City require the
applicant to develop a model, which will allow the public to understand the
cumulative impacts as well as the impacts to the particular viewscape.
Mr. Hawkins stated that EQAC is focused on the limitation of public access
due to a guard -gated entrance. He stated that EQAC is recommending that
the City require an increased directional signage program and day use
parking.
Mr. Hawkins stated that the EIR recognizes that the project has the
potential to affect water quality in the area. The EIR concludes that the
proposed mitigation will reduce such impacts below the threshold of
significance. Mr. Hawkins stated that EQAC is recommending that the City
require further study with respect to storm modeling and the impacts of the
current mitigation proposals. Additionally, he stated that EQAC is
recommending that the City conduct an investigation regarding the
possibility and feasibility of diverting all of the runoff from the project into a
separate holding system that could be reclaimed and used on the project.
Mr. Hawkins stated that the City of San Clemente has a similar
• requirement.
Mr. Hawkins stated that with respect to noise and lighting, EQAC is
recommending that the City require a detailed proposal with respect to both
noise and lighting.
Council Member Glover asked if the City had looked into the reclamation of
water. Mr. Hawkins stated that EQAC did not have the funds to do so, but
that Elaine Linhoff was the liaison with San Clemente. Assistant City
Manager Wood stated that there was not specific investigation into the San
Clemente model, but that the City's environmental consultant did provide
responses to EQAC's comments. Council Member Glover suggested that the
City look at what is happening in other cities.
Mr. Eaton stated that EQAC paid particular attention to traffic. He stated
that traffic is looked at in two ways. He stated that the traffic phasing
ordinance (TPO) provides a short -term analysis, while a long -range model
would result from the City hiring a consultant. He stated that each has its
limitations and problems. He stated that the TPO already assigned traffic to
the family inn project and based the number upon occupancy per room plus
the use of the other facilities. He stated that EQAC felt that this was an
artificially high number and allows others to make the claim that the
proposed Dunes project would reduce the number of trips. Mr. Eaton stated
that a problem with a long -range model is that it uses a regional total and
reallocates traffic depending upon where new projects are proposed to be
• added to the regional model while subtracting the traffic from other areas in
the region, assuming that the regional total is the same. He explained that a
destination resort doesn't really fit the assumption because it attracts people
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is from outside the region, so is really cumulative to the traffic that is
otherwise in the region. Mr. Eaton stated that hotels generate their traffic
off -peak, but streets are designed to handle the peak traffic. He stated that
the catering events pose another traffic impact of their own since most
people would be arriving and departing at the same time for an event. He
stated that EQAC has asked that the traffic study look at whether or not the
left turn capacity on Coast Highway is adequate to handle the catering -
induced traffic.
Mr. Eaton stated that the second issue he would be discussing is the parking
issue. He stated that the EIR assumed full occupancy and relatively heavy
catering use and determined that there was not sufficient parking in front of
the hotel or in the surface parking next to the hotel, but that there was
sufficient parking if the remainder of the property were used. He stated that
this means that people entering at the Bayside Drive entrance would need to
be directed to the other side of the lagoon and a shuttle system would need to
be provided. He stated that this has been provided as a plan to be developed.
Mr. Eaton suggested that a potential significant impact should not be
delayed, but addressed in the EIR.
Ayres Boyd, Special Committee of Associations (SCA), stated that the SCA is
comprised of nine associations that surround the Dunes property, covering
approximately 5000 homes, and including Linda Isle, Balboa Island,
Bayshores, Castaways, Cliff Haven, Mariners, Beacon Bay, Promontory Bay
• and Dover Shores. Using a slide presentation to illustrate his comments,
Mr. Boyd stated that SCA is a single -focus group and is not opposed to the
Dunes project nor is it an anti - growth group. He stated that SCA is actually
pro - growth because they realize the City needs to regenerate and renew
itself. He stated that SCA is not a member of any other association and feels
that they represent a middle ground for the City, the homeowners and the
applicant. He stated that they are looking for a world class resort of
reasonable size.
Mr. Boyd stated that the neighbors first began talking about the project in
the Fall of 1999 and then informally got together to discuss what would be
acceptable to surrounding homeowners. They identified concerns and
proposed solutions. Mr. Boyd stated that they issued a position paper that
was adopted by the board of directors, or the equivalent, of each of the
associations. He stated that they then met individually with each of the City
Council members and the applicant.
Mr. Boyd stated that SCA feels that the settlement agreement is being
abused and its maximum limits have become the minimum limits for the
proposed project. He stated that the residential entitlements predate any
kind of Dunes agreement, whether it be the settlement agreement or the
development agreement. Mr. Boyd stated that another issue of the SCA is
traffic congestion at Coast Highway and Bayside Drive. He added that noise
and light on the bay are already an issue with no way to enforce violations.
• Mr. Boyd stated that the settlement agreement was very clear and specific,
and was binding on all City Councils and boards, and the City, the County
and the applicant agreed to it. Mr. Boyd stated that the project is actually
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much larger than the settlement agreement. He stated that room count and
bedroom count are different, and referred to the timeshares which each have
two bedrooms. Mr. Boyd illustrated the difference in building height,
bedroom count, square footage and convention center size from the
applicant's original request to what was approved by the Planning
Commission and what was allowed by the settlement agreement. Mr. Boyd
asked what has changed in Newport Beach to warrant such excessive
increases in size and mass.
Mr. Boyd stated that SCA's proposal recommends that the location of the
entrance be moved to Jamboree or Promontory Point. He stated that SCA is
also recommending that the number of bedrooms be reduced to 330, the
height be reduced to fifty feet and the convention and prefunction space be
reduced to 25,000 square feet. Mr. Boyd stated that SCA is recommending
that the project have fewer rooms while having a higher room rate, so that
the TOT figures estimated stay the same. Lastly, Mr. Boyd stated that SCA
is recommending that the noise, light and glare need to be confined within
the property boundary.
Mr. Boyd stated that all projects have risks and rewards. He stated that
SCA is trying to help the developer create a project that everyone can agree
upon. He stated that the obstacles include a CEQA lawsuit by Dover Shores,
a referendum, the Coastal Commission and the Greenlight initiative. He
suggested that if the City Council can approve a project that SCA supports,
the obstacles can be more easily overcome.
Mr. Boyd concluded his presentation by stating that SCA has worked hard
and with the system. He stated that they support the project, but not the
current proposal. He stated that SCA is recommending that the City Council
direct the applicant to work with SCA and make applicable changes. He
stated that this will truly show how everyone has worked together towards a
better project.
Bert Ohlig stated that he would be providing supporting data for SCA's
proposal. He stated that the data provided so far has been from a single
source and he wanted to offer a balance. He stated that he is concerned
about the size of the project, the nature of such a project in a residential area
and the criteria used by the Planning Commission. Mr. Ohlig stated that he
brought his concerns to the Planning Commission, but he did not receive a
positive response nor did staff follow up on his concerns. Using a slide
presentation to illustrate his points, he stated that the balloon
demonstration confirmed that his image was accurate.
Mr. Ohlig stated that the Planning Commission felt that the project was
close to the settlement agreement. Mr. Oblig stated that the settlement
agreement was designed in a way to be compatible with, and show respect
for, the community. He felt that the Planning Commission used the
settlement agreement to build a project, but the community can't use it for
the constraints it includes that show respect for the community. Mr. Ohhg
stated that the Planning Commission presented thirteen criteria and he
broke these into three categories, which include size issues, oversight issues
and improved public access. He stated that the proposed project is
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• approximately three times the size of the previous project. He stated that
the expansion is a result of changes to the marina, the hotel rooms, the
convention center, the parking structure and the timeshares.
Mr. Ohlig stated that he calculated that the number of people on site would
be 950, if the property were developed into a family inn. He further
calculated that the number of people on site would be 2740 if the property
were developed into a resort and convention center. Mr. Ohlig stated that
these numbers do not include staff or catering events, which could cause the
potential legal occupancy of the site to be five times higher if it were
developed as a resort and convention center. He stated that using these
calculations, it is difficult to understand how the Dunes traffic engineer
could calculate that traffic projections are 10% lower for a resort and
convention center than a family inn. He added that the Dunes traffic
engineer has also estimated that, over the long -term, the development of the
hotel would improve traffic at 36 major intersections. Mr. Ohlig stated that
the traffic study was also done based on the theoretical project. He stated
that if the traffic study were done based on today's conditions, not a
theoretical project, it would have provided information on the real impact to
the community. Mr. Oblig provided a picture of traffic on Coast Highway
and stated that it is the sole route through Newport Beach and traffic will
only get worse.
Mr. Ohlig stated that the settlement agreement had some restrictions placed
is on noise such as outdoor - amplified music. He stated that the City code has a
restriction on average sound, but allows for the peak sound to be twenty
decibels higher, which he stated can be a serious problem at night. He
stated that there is already quite a bit of noise on the bay and the echo is a
problem. He stated that there are also numerous sources of noise associated
with the proposed development.
Mr. Ohhg stated his disappointment that the views that were presented
were not from typical locations where people would be. He stated that a
view from 86 feet in the air is not a viewpoint that many people would have.
He stated that the balloon demonstration did show that the parking
structure will obscure the site from Coast Highway.
Regarding height, Mr. Oblig stated that the settlement agreement allowed
for 35 feet with a provision for 35.5 feet. He stated that it is being said that
only 17% of the proposed development will be four stories. He stated,
however, that it's 50% of the main building and the mass is there. He stated
that the convention center is a 500% to 1000% increase over the settlement
agreement.
Mr. Ohlig stated that the proposed development keeps the bike path that
was a part of the settlement agreement, but it also removes RV's, adds a 24-
hour service road, adds timeshares in the parking lot and that the beach
facility becomes overflow parking. He stated that the land is precious, was
deeded to the Girl Scouts and is zoned as recreational/open space. He stated
• that the City has very little park space and shouldn't let such a large
percentage of land be overdeveloped.
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• Mr. Ohhg stated that it has been said that if the project is not three times
the original size that the City won't have control over it. He stated that SCA
feels that there is disagreement as to if this is an entitlement since zoning
would have to be changed for any project, and environmental requirements
and design constraints would have to be met. Mr. Ohlig stated that the
public is being threatened with a three -story "Motel 6- type" project, which
doesn't make sense.
Mr. Ohhg stated it has also been said that the location and site design are
some of the reasons why the project had to be expanded. He stated,
however, that the developer has said that there was no other feasible
location and the footprint already goes from the seawall to the back fence.
Regarding the financial benefit, Mr. Ohlig stated that 1% of the City budget
is equivalent to less that two cents per person per day. He stated that this is
in comparison with the original project, which was expected to break -even in
four years while the proposed project is expected to break -even in three
years. Mr. Ohhg stated that a bigger benefit is that the developer is selling
$75 million in timeshares on public recreational land.
Mr. Oblig stated that, in summary, the proposed project is three times larger
than that allowed by the settlement agreement, will generate more traffic,
will create more noise and will impact views. He stated that it is too large
for the site, it is an incompatible commercial use in a residential district and
• requires sale of public land to pay for the project. Mr. Ohlig stated that he is
not opposed to development, but is just looking for a sense of proportion.
Anders Folkedal, 319 Morning Star, Vice President of Dover Shores
Association, stated that he was responsible for getting the communities
together and that he would discuss the issues the SCA has with the
timeshares. He stated that 1500 square foot timeshares are the size of many
houses and three times as large as hotel rooms. He stated that two - bedroom
timeshares are going to have a very high occupancy rate. He stated that
timeshares are the likely site for recreational parties. Mr. Folkedal stated
that he measured sound from a party at the marina clubhouse on his patio
the previous night. He stated that the meter measured 58 to 62 decibels and
that City code only allows for 50 decibels. He stated that the noise was from
indoor amplified sound, but the doors to the clubhouse were open.
Mr. Folkedal stated that when he purchased his property four years ago, he
looked closely at the possible uses for the vacant land near his property. He
stated that he found through the zoning ordinance and the settlement
agreement that he was sufficiently protected. He stated that many
responsible people signed the settlement agreement and he doesn't see what
has warranted a change.
Mr. Folkedal stated that SCA represents $3 billion worth of residential
homes surrounding the proposed development. He stated that SCA feels
that the residential entitlements predate any agreements with the Dunes.
• He stated that the City is selling $75 million worth of access to public lands.
Mayor Noyes recessed the meeting at 9:40 p.m. and reconvened the
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meeting at 10:00 p.m. with all members, except
Ridgeway, present.
Allan Beek, 2007 Highland, read from a statement written by Susan
Skinner - Caustin. The statement requested that the City Council honor the
settlement agreement. It stated that the settlement agreement allows the
Evans family to develop a reasonably sized project and protects the quality of
life for Newport Beach residents. Secondly, the statement asked that the
City Council use common sense when evaluating the project and not rely on
poor quality information.
Jeff Carsten, resident of Dover Shores, stated that he has never been
contacted by the SCA. Mr. Carsten stated his support for the proposed
project and provided a list of people in his area that also support the project.
He stated that he personally knows that the Evans properties are of the
highest quality.
Ralph Rodheim, 311 Onyx, stated that he is in favor of the project and
provided a list of Balboa Island residents who are also in support of the
project. He thanked the City Council for their earlier decision to keep some
open space in the City and feels that there needs to be a balance between
open space and quality projects. He stated that the Planning Commission
did a tremendous job in scaling the project down and taking in all of the
considerations.
• Melanie Salata Fitch cautioned the people who say they represent an
association as a whole. She stated that she has spoken with people in the
SCA boundaries and the feelings are mixed regarding the proposed project.
She stated that the Quinn family will do what's right for Newport Beach,
that they've researched what is needed and desired, that they won't want to
disturb the users of the RV park, that they have proven themselves and have
been responsive to concerns. She stated that she'd like to see the community
support the project.
Charles Rollins, 4808 River Avenue, stated that the City is fortunate to be in
a booming economy and have the Evans family willing to invest in such an
expensive project. He stated that the Evans family is not a shortsighted
developer, they have encouraged public input and have reached meaningful
compromises. He added that a development will be put on the site,
regardless of the proposed project being approved. He stated that the Evans
family can be trusted to provide a true beachfront resort and have attempted
to present accurate projections, not unfounded speculation.
Tom Wall stated his support for the Dunes project. He stated that the vision
for the City must be considered when looking at the types of projects that are
approved through the public planning process. He stated that the Evans
family has proven that they know how to run a world class resort complex
and the proposed project will support the City's needs in some ways. He
stated that the Evans family has demonstrated their willingness to support
• the vision of Newport Beach. He encouraged the City Council to move
forward with the project because it will make an important contribution to
the business and residential communities.
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Betty Porter stated her support for the Dunes project. She understands why
people are fearful of change and new development, and cited an example of a
time she moved for such a reason. She stated that she has researched the
Evans family and knows how their hotels are run. She stated that she has
never heard from the people who may have conducted surveys for the SCA or
the Dover Shores association. She stated that the project is more attractive
than the original plan and than the current use of the property. She stated
that she trusts the Evans family and she asked for the City Council to
support the project.
Pat Greenbaum, 300 E. Coast Highway, stated that the issue is not about the
quality of the hotel, the furniture or the Evans family. She stated that the
issue is about the location and the planning of a huge project in the center of
several residential communities. She stated that she has worked with a
group that has studied the project since July of 1998, delivered timely
information to the Planning Department, attended EQAC and Planning
Commission meetings, encouraged others to participate in the process,
hosted forums and kept Bayside Village informed. She invited the City
Council members to tour Bayside Village and observe how the project will
directly affect Mayflower, Liberty and Tremont.
Hal Meany, 601 Carnation Avenue, urged the City Council to vote against
the project as proposed. He stated that if all of the residents in the area
• were allowed to vote on the project, he feels that they would be against a
project of the size proposed. He stated that the Planning Commission
missed the point and got fooled by the requests of the applicant. He stated
that major increases over the settlement agreement are being proposed and
none should be agreed to. He stated that there are numerous specific
indications that the project should not be approved. He read from the staff
report which mentioned the traffic, air quality and visual impacts. He stated
that he is convinced the project will be first class, but he stated that it needs
to be smaller.
Maryam Shokrai, 908 Chestnut Place, stated that she is a resident and
business owner in Newport Beach and a mother. She stated that what
happens in Newport Beach is very important to her and that she is in
support of the Dunes project. She stated that she has been impressed with
the entire process that the project has undergone. She stated that the
Newport Dunes and the Evans family have always been generous. She
emphasized that all projects should be considered on their own merits. She
stated that the Planning Commission unanimously approved the project and
she urged the City Council to do the same.
Barbara Sloate stated that she is a resident of Newport Beach and the owner
of an event and meeting planning company. She stated that she knows that
the City needs an additional venue and additional conference space. She
stated that the addition of a destination resort and conference center will be
a major benefit to the City and will help attract high quality professional
• meetings in the area. She stated that it will generate new revenue for the
City as well as an additional $25 million each year to the ancillary
businesses, shops, restaurants, theatres and hotels. She stated that the
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• proposed project will be an economic and social asset to the City, and she
looks forward to having another quality venue.
Tom Hyans, peninsula resident, stated that he has attended all of the
Planning Commission public hearings. He provided some history on the
settlement agreement and stated that the Planning Commission has
approved a project that exceeds those in the agreement. He stated that the
Planning Commission also avoided asking for a realistic visual display of the
scale of the project. He suggested that the City Council request a scale
model of the buildings set within a two - dimensional representation of the
surrounding elevations. He stated that the public will not always support
the City Council bartering away quality of life or the natural open amenities
enjoyed, to realize a nebulous gain in revenue. He stated that Planning
Commissioner Selich has stated that he doesn't feel that every detail of the
settlement agreement is sacred. Mr. Hyans asked the City Council to
consider what is sacred to them and remember that the City already has an
agreement.
Baron Bernard, 1705 Sherington Place, stated that he is a member of the
hotel family and is friends with the Evans family. He said the Evans family
are some of the finest hoteliers in California, if not the Western United
States. He stated that their vision for the proposed hotel will set a new
standard for Newport Beach, as is automatic by their selection of WATG as
the architects. He stated his support for the project and complimented
• Mr. Gleason on articulating the details of the project.
Joyce Lawhorn, 300 E. Coast Highway, stated that she has a problem with
the size of the proposed hotel and the impacts to the immediate area. She
stated that she lives on Mayflower and their fences are the western
boundary line of the project. She stated that in the late 1980's, the area
went through the pains of the last expansion of the Dunes while also
enduring a widening of Coast Highway that took place at the same time.
She stated that currently behind her property is a bike trail and an RV park.
She stated that the proposed project will replace it with a parking structure,
loading docks, a public entrance, mechanical equipment, an employee
parking lot and a service road. She stated that it is too much change for the
nearby residents to endure. She objected that the parking structure, the
function areas and loading docks were not included in the total 581,000 -
square foot figure. She stated that the staff report recognizes the impacts to
the residents on Mayflower, and stated that they are already impacted by
Coast Highway and the John Wayne Airport. She stated that the project
should not be approved.
Bob Caustin, Defend the Bay, stated that 300 parking spaces will be
eliminated to allow for employee parking. He stated that the developer
wants to put their water in the main channel, away from their lagoon. He
stated that the footprint will be incredibly different than the settlement
agreement. He stated that the traffic model must obviously be flawed when
it concludes that traffic at intersections will actually be improved.
• Mr. Caustin referred to a handout illustrating observations of the
Catamaran Resort Hotel. He stated that neighbors are unhappy with the
Catamaran Resort Hotel in their neighborhood, the noise impacts and the
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public drunkenness that has been observed. He requested that the City
Council not allow the Dunes project to be built.
Peggy Fort, 416 Via Lido Nord, stated her support for the Newport Dunes
Resort project. She stated that the resort will generate millions of dollars of
revenue in TOT and sales tax. She stated that this revenue far outweighs
any negative implications. She stated that the timeshare and hotel guests
will also support other businesses in the community. She stated that she is
also looking forward to having another resort where her friends and family
can stay when visiting.
Jack Linscott, 300 E. Coast Highway, stated that he is a resident of Bayside
Village and supports the proposed project. He stated that people in Bayside
Village are already improving their own properties and the sale of properties
has gone up. He stated that it's a benefit to all of Newport Beach that the
Evans family is planning to build a class hotel in the City. He stated that
the Evans family is on site at the Dunes, are owner /operators and have high
security.
Joe Parker, incoming Chairman of the Board of the Newport Harbor Area
Chamber of Commerce, stated that the Board voted in support of the Dunes
project. He stated that as a Certified Public Accountant (CPA), he
understands the Administrative Services Director's recent study indicating
that the City needs additional revenues. Additionally, he stated that the
• Economic Development Committee (EDC) report in March of 2000 affirmed
the same findings and that additional revenue sources should be sought.
Mr. Parker stated that the proposed project is an excellent additional
revenue source and he urged the City Council's support.
Rush Hill stated that he is an architect, property owner and resident, and
helped to create the EDC. He stated that the City has known for years that
it needs this type of project. He stated that when a property site was being
looked for, the Dunes site was chosen as the only appropriate site for this
type of facility. He stated that a vocal minority have been saying that
government doesn't work, and he stated that what he thinks they are really
saying is that they have not been pleased with the results of due process.
Mr. Hill stated that due process is working well and that the Planning
Commission has done an amazing job. He stated that he is a resident of the
Cliff Haven area and has never heard of SCA. He presented a list of
residents from the Cliff Haven area who state the same thing. He asked the
City Council for their support of the Dunes project.
Betty Padden, 213 E. Bay Front, stated that she has never heard from the
Fire Department and what their feelings are about the project. She stated
that the entrance driveways as presented by Mr. Gleason look like they may
not be big enough to accommodate fire trucks.
Nancy Skinner, 1724 Highland Drive, stated that she wanted to talk about
commitment. She stated that there should be a commitment to the citizens
• of Newport Beach in regards to the settlement agreement. She asked that
the City Council deny the proposed project. She stated that the Evans
family could be trusted to build something within the settlement agreement.
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• She stated that no one is asking to take away the rights of the Evans family,
but to respect the rights of the public. She stated Planning Commissioner
Selich stated that he could only support a project that exceeded the
settlement agreement if it were far superior. She stated that she has talked
to many people who don't think that such a large project should be put in
such a traffic sensitive area.
Michele Yahn stated that she is a Newport Beach resident and has been
involved in community projects, charity programs and organizations. She
stated that these groups make major contributions to the quality of life in
Newport Beach. She stated that more could be done if there were a hotel,
conference center and a meeting place like the Dunes is proposing. She
stated that it is frustrating to go outside the community to have major
charity dinners and fundraising events. She stated that the current hotels
do not have appropriate meeting space. She urged the City Council to
approve the proposed project.
Council Member Debay read from a letter dated June 12, 2000, from the
CVB asking for the City Council's support of the Newport Dunes Resort
project. The statement read that the decision would be a prudent one for the
future financial wellbeing of the City and would serve to support other
hospitality interests. The statement read that the support would allow
residences and businesses to continue to enjoy the services and lifestyle they
have come to expect. Council Member Debay announced that the letter was
• signed by Rosalind Williams, President and CEO of the Newport Beach
Conference and Visitors Bureau.
Lynn Cathcart stated that everyone has their own opinion and indicated her
dislike for the current traffic in the City. She stated that she does not want
the project to be decided by the elegance of a presentation or the quality of a
photograph. She stated that if the actual facts are correct, the research is
complete and it is proven that the project needs to be increased to the size
proposed, only then could she be in support of it.
Jan Vandersloot, resident of Newport Heights, requested that the City
Council not violate the settlement agreement. He stated that the terms of
the settlement agreement bind future boards and City Councils and that the
City Council should be bound by the agreements of their predecessors. He
stated that the size of the project should be reduced. He stated that the
Treasure Island project is 275 rooms and could be a model for Newport
Beach. He stated that water quality was an integral part of the approval of
the Treasure Island project. He stated that the water should be treated and
used on the site for the Dunes project. He stated that the height of the
project should also be reduced, and that the applicant and the City are going
way beyond the settlement agreement, which is a breach of faith. He asked
for integrity on the part of Ms. Evans and the City Council.
Council Member Glover stated that she has observed an increase in the
number of restaurants at Fashion Island. She stated that the reason that
• they have reduced their retail space and increased their restaurants is
because shopping centers have changed and have become entertainment
centers. She stated that their marketing needs may change again. Council
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Member Glover stated that the same is true of timeshares. She stated more
hotel chains are including timeshares in their projects.
Bob Balen, 265 Mayflower Street, stated that the great majority of the
Bayside residents, 275 so far, have signed petitions opposing the proposed
Dunes project. He stated that they feel that there would be irreparable
harm to the environment and loss of property values. He stated that the
greatest detriment to the residents on Mayflower is the parking structure
planned for behind their houses. He stated that it would wipe out their
views of Fashion Island and Saddleback completely. He stated that it is
inconceivable that the City would condone such an imposition to the
residents.
Dan Purcell stated his support for the project. He stated that the City is in
good shape, economically, and the project will help to make sure it continues
even when times are bad. He stated that the project will provide vitality for
the community.
Sharon Antle stated that the project would not visually impact her, but she
would feel the impact of traffic and noise. She stated that most people in
opposition to the project don't really oppose a project, they just oppose a
project of the size being proposed. She stated that the emotional well being
of the public as well as the financial well being of the City, should be
considered. She stated that the City is one of the wealthiest in the country.
• She suggested that the Windows on the Bay site be considered for a
convention center.
Jim deBoom, Executive Vice President of the Orange County Coast
Association (OCCA), stated that OCCA voted on and unanimously supported
the proposed project. He stated that other cities would like to have such a
project. He stated that the City Council's favorable rating is still high in
Newport Beach. He stated that people still support the City Council and the
government process. He stated that there are detractors, but he encouraged
the City Council to finish the process. He provided a list of residents in the
Mariners and West Cliff area who support the proposed project and have not
been contacted by SCA.
Tyler Jordan, California Voters, stated that the project has merit and was
nicely presented. He stated that any project has a plus side and a down side.
He stated that the project will have enough impact that it deserves the right
of the voters to have a vote on it. He stated that it is his job to preserve the
right of the voters, to help people register to vote and to get such projects to
the ballot. He cited an example of a project in Huntington Beach that went
to vote. He stated that it did not pass.
Council Member O'Neil stated that it might be appropriate to let the
applicant rebut comments made at the current meeting.
Mr. Gleason stated that he has a number of issues to respond to and would
• go through a few of them, take questions and also respond to the City
Council in writing. He stated that the visual simulation and the balloon
experiment were done instead of a physical model of the project, because he
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• doesn't feel that a physical model will do what people want it to do. He
stated that because of the size of the project area, it would be difficult to
show the surrounding area in context. He stated that another reason a
physical model was difficult was because the project was changing so rapidly
during the Planning Commission process. Mr. Gleason pointed out that
there was one correction made to the visual simulation. He stated that two
timeshare units were erroneously marked as three - stories when in fact they
are proposed to be four stories. He stated that he would provide the balance
of his comments in writing.
Council Member O'Neil stated that he did not expect that the City Council
would be making its decision at the current meeting and that there would be
an opportunity for the applicant to submit his responses in writing. He
stated that he did not attend any of the previous meetings discussing the
matter but that he will assume that during the two -year public hearing
process, all issues have been raised and responded to. He stated that he is
interested in the facts and that the decision of the City Council must be
based on the evidence and the facts. He stated that the presentations were
well done at the current meeting and he felt sincerity from presenters on
both sides of the issue. Council Member O'Neil stated that the decision -
makers must now deliberate and make a decision. He stated that it will be
difficult to get past the emotions, when making the decision.
Council Member Debay requested that the applicant and staff respond to the
• comments made regarding the left turn capacity on Coast Highway, the
extent to which the City Council is bound by the decisions made by previous
City Councils, the market studies done by the applicant, clarification of the
City's control over a project built within the terms of the settlement
agreement, if public access is limited by the guard -gated entrance and more
information about other projects that have used onsite holding systems for
water runoff diversion.
Mayor Pro Tem Adams stated that he would not be in attendance at the City
Council meeting of July 11, 2000. He stated that the project is attractive
when compared to the entitlement associated with the development
agreement in that it provides secondary access off of Back Bay Drive. He
stated that employees and service deliveries generate a significant amount of
the traffic associated with hotels of this type. Mayor Pro Tem Adams stated,
however, that using the existing roads in the RV park is wholly
inappropriate. He can't understand how delivery trucks could be accepted
by families staying at the RV park. He stated that the issue has to be
addressed and is the weakest link in the project proposal.
Mayor Pro Tem Adams suggested that it might be helpful if the people who
are opposed to a 470 -room hotel, but feel that a 275 -room hotel is okay,
explain how they've come to that conclusion. He stated that this could be
done at the next meeting discussing the proposed project. He added that
their conclusions may be valid, but he didn't know what would give them
that impression. Mayor Pro Tem Adams cited the Marriott Hotel with 570
• rooms and stated that he has never heard any complaints regarding the
traffic it generates. He stated that the Marriott Hotel also has 24,000 square
feet of meeting space. He stated that he has never noticed significant traffic
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• at the hotel. He stated that the Marriott Hotel, as far as traffic generated, is
relatively comparable to the proposed project. He suggested that others visit
the Marriott Hotel and make their own observations. He also cited the Four
Seasons and the Hyatt Newporter as examples of hotels that are similar and
don't have the traffic problems many expect from the new development.
Mayor Pro Tem Adams concluded his comments by stating that he hopes
that the applicant can work out the issues he mentioned earlier in regards to
the secondary access.
Council Member Glover stated that when running for public office, she
promised that when she left the City Council, she would leave the City in
better financial position than when she came in. She stated that she has
been reviewing her votes since being on the City Council regarding
developments. She stated that she has been looking in terms of revenue and
doesn't vote for a project solely because of the revenue generated. She stated
that she knows that a developer will always say that their project will
generate more revenue than it will in reality. Council Member Glover
clarified a comment made earlier in the evening and stated that the City is
not as wealthy as the residents are. She offered to go over the budget with
anyone that would desire her to do so. She stated that the public needs to
understand the City has many reserve accounts that are down and where
new money is coming from. She stated that the City Council does not vote in
favor of projects solely because they will bring revenue into the City, but the
• City Council does have to pay the City's bills. She concluded by stating that
the City is conservative and prudent in how it spends its money.
Council Member Thomson expressed how impressed he was with the quality
of the testimony by nearly everyone at the current meeting, those on both
sides of the issue and his colleagues. He stated that there are entitlements
on the property, that something will be built and it is the responsibility of
the City Council to make sure that it's the best project possible. Council
Member Thomson stated that there is the opportunity for a great project at
the site, as long as it doesn't harm the bay or have other problems. He
stated his appreciation for the process at the current meeting.
Council Member Debay stated that it is proposed that the new hotel have
470 rooms but with 150 RV's being eliminated, it means that there will only
be a net increase of 45 dwelling rooms from the settlement agreement.
Mayor Pro Tem Adams asked how the County figures into the amendment,
since they were a part of the original settlement agreement. City Attorney
Burnham stated that the development agreement is between the City and
the Dunes, and would supercede the settlement agreement at the expiration
of the statute of limitations for legal and electoral challenges. Mayor Pro
Tem Adams clarified his question by stating that the County was a signer on
the settlement agreement. City Attorney Burnham stated that they were
not being cut out of the process, but the vehicle that's been chosen to affect
the development for the new project is between the City and the Dunes. He
• added that the County will probably have to approve a revised lease for the
property. Mayor Pro Tem Adams stated that the County may be counting on
some of the elements of the current entitlement. City Attorney Burnham
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• stated that he did not know about the lease between the Dunes and the
County, but he guessed that the County, as the landowner, has the ability to
control the use of the property through the amendment to the lease that will
be necessary. City Attorney Burnham added that the development
agreement could be structured to require the approval of the County, as well
as the City and the Dunes. Mayor Pro Tern Adams stated that he felt that
would be appropriate.
Mayor Pro Tern Adams asked for an explanation of the deed to the Girl
Scouts, that was mentioned by the SCA. City Attorney Burnham stated that
there was no deed conveying fee title of the property to the Girl Scouts.
Mr. Gleason confirmed that he is also unaware of anything that the SCA
statement might have been referring to. He did state, however, that there is
storage on site for the Girl Scouts' sailboats. He stated that the existing uses
would remain on site, although they might be relocated to the eastside of the
lagoon.
Mayor Pro Tem Adams asked about the tents on the beach, as depicted in
one of the photographs shown earlier in the meeting. He asked if overnight
camping is allowed on the site and, specifically asked, if there would be any
change to the allowed use to the sand itself in front of the hotel. Mr. Gleason
stated that the only overnight camping allowed in the area is for organized
charitable and civic organizations. He stated that the only other sand
activity is the use of an outdoor - catered pavilion, which will be removed to
• leave the beach area for beach use.
Mayor Noyes thanked staff, the applicant, EQAC, SCA and the citizens for
doing their research and providing their input on the project. He stated that
the City Council has to be exactly right with their decision. He referred to
the City Council's action on Item No. 27 earlier in the evening and stated
that there are dynamics that take place in the open debate process. He
stated that the proposed Dunes project is large, highly visible and located in
an environmentally sensitive area in the center of the City on public land.
Mayor Noyes stated that the process will best be served by having all of the
City Council members in attendance while debating and voting on the
project. Mayor Noyes outlined the absences of City Council members.
Motion by Mayor Noyes to continue the hearing to the City Council
meeting of September 12, 2000.
Mayor Noyes stated that this will allow staff and the applicant time to
address the issues that were brought up at the current meeting. He stated
that this will also accommodate a more effective and continuous debate.
Mr. Gleason stated that for obvious reasons, the Dunes would be against
further delay in the process. He stated that they began the process with the
City approximately four years ago. He stated that the process with the
Planning Commission was longer than expected, but was also very
productive. He added that another two -month delay was taken before the
is item reached the City Council due to other items pending before the City.
He understood the reasons for Mayor Noyes' motion, but asked that the
process continue.
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Council Member O'Neil agreed that it isn't appropriate to have City Council
members missing some of the evidence and testimony, but he added that
policies and procedures are in place to allow City Council members to remain
qualified to vote on the matters. He stated that his main concern is that
there is so much at play in the City currently. He referred to the initiative
that will be before the voters in November, the work to understand the
ramifications if the initiative passes, another initiative that is at the County
to check if there is a sufficient number of qualified signatures to get it on the
ballot, litigation regarding Measure F, an upcoming municipal election with
three Council seats on the ballot and annexation issues with Newport Coast.
He stated that the Dunes has followed the rules, devoted their time and
energy on presenting the project and answered all of the questions asked of
them. Council Member O'Neil stated that it will be difficult for him to not
support the project when he looks at the type of process the applicant has
gone through, the public hearings, the consultants hired by both the
applicant and the City and the respect he has for the Planning Commission.
He concluded, however, that with all that is occurring at this one time in the
City, he will be inclined to support the motion. He stated that this will be in
the best interest of everyone, including the applicant, and will allow for more
responsible deliberation.
Mayor Pro Tem Adams stated that he would not be supporting the motion.
He stated that the City Council should move on with this, that he
• understood Council Member O'Neil's points but that he did not feel that it
was fair to anyone to put it off and he could see no advantage to doing so.
Mayor Noyes stated that he'd rather err on the side of over deliberation. He
stated that the City Council will not be able to look at this again and that he
wants to proceed with caution. He sympathized with the applicant but felt
that they deserved all seven City Council members voting on the project.
Council Member Debay stated that she'd like to get the answers to their
questions much earlier than September 12, 2000. She asked if the item
could be agendized to get the answers beforehand. Mr. Gleason stated that
the Dunes will provide written responses to all questions raised at the
current meeting in time to make the next agenda packet. He further asked
if the City Council would consider a special meeting.
Mayor Noyes stated that the continuation will give staff the time to go
through the minutes of the meeting and get answers to all questions. He
added that the City Manager should be able to provide for a clean agenda
when the matter is before the City Council in September.
Council Member Debay again asked if the item could be agendized for the
next meeting to get answers to the questions asked.
Mayor Noyes stated that the item and answers wouldn't be before the City
Council until September, but that she could get her answers from staff
• beforehand.
The motion carried by the following roll call vote:
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Ayes: Thomson, Glover, Debay, O'Neil, Mayor Noyes
Noes: Adams
Abstain: None
Absent: Ridgeway
- None.
ADJOURNMENT - at 12:08 a.m. on June 28, 2000, in memory of Newport
Beach Conference and Visitors Bureau President Rosalind Williams and
Comcast Cameraman Paul Froehlich.
The agenda for the Regular Meeting was posted on June 21, 2000, at
3:00 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building. The supplemental agenda for the
Regular Meeting was posted on June 23, 2000, at 2:45 p.m on the City Hall
Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Clerk
Recording Secret
Mayo
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