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PAC Minutes / SANTA HEIGHTS ANA PROJECT ADVISORY COMMITTEE Minutes Oct. 7th 2003 PAC Members in attendance: BV, Rick Dayton, Richard Moriarty, Peter Macdonald, Mary Slouka, Dave Stieve, Greg Carroll, Harold Klassen Excused Absences: Roger Summers, Jay Taylor, Gary Hall Unexcused Absences: Jeff Hamilton 1. Approval of Minutes from August 5, 2003 Minutes approved motion made by: Richard Moriarty and approved by PAC. 2. Introduction of Guests: Code Enforcement officer with Newport Beach Jim Sinasek, Jason Vasquez John Wayne Airport, Jon Voget YMCA, Dave Kiff Asst. City Mgr. Newport Beach 3. Chairman's Remarks - Peter Macdonald Peter said that the City of NB came to his street and trimmed the streets and he is pleased as to what he is seeing now that Newport has taken over. Public Comments (Non-Agenda Items): Limited to 3 minutes each 1 Robert Hanley: is concerned about the commercialization of his area particularly a re-hab home next door to him. There were supposed to be 6 people and there are 20. Yellowstone is the name of the outfit running the home. Robert mentioned the idea of collusion between the County and the buyer in some way. He is also concerned that the County is going to put patients in that facility. This is not a commercial area it is a residential area. Mark Esslinger Answers: If there are 6 or less people housed there, that is within the law. If there are 6 or more, they need a use permit from the planning commission. They also would have to notice all the people who live within 300 feet as part of the permit process. 2. Alison Michie: Street sweeping parking control person told her that the City is going to push the horses out of the community. The commercial signs on Orchard are concerning her. Dave Kiff answered: The City of Newport Beach has adopted the Specific Plan for Santa Ana Hts. and there are no plans to change that and eliminate the horses. 3.Stephie George is from the kennel area and was at a County meeting today regarding the Kennels and zoning. She was upset that a lady at that meeting said the kennels are a nuisance and unclean. The outcome of the County meeting was in support of the kennel area. Stephie owns Coast Canine Country Club 714 549 9799 if anyone wants more information. 4. Randy Rank is one of the renters who is complaining about the kennel area. He took a nap at 4:20 from 4:55 the dogs were barking. He read from an article in a San Francisco newspaper about dogs barking and the detriment to one's health regarding the noise. Mark Esslinger Answered: Residents can call code enforcement if the buildings are in violation or call the Animal Control board or Animal Health Care Agency if they have a concern about the dogs. 5 Bob Banghart owns Rebel Run Kennels. He also went to the meeting and discussed the noise. Dogs are fed at 7 AM, dogs are put to bed around 7PM. During exercise and feeding you are going to get noise. The Animal control Board makes regular visits to the kennels and inspections. Channel 7 visited his kennel with a positive report. 6. Kim Stokes just moved to Mesa Drive and wanted to volunteer for any committees that PAC was organizing. He wants to get more involved in the community. 7. May Ranck is from the RK district and lives in the Palm Mesa Apartments. Her concerns are that the kennel people are being bullies. She says the noise starts at 6 AM. Her concern is that the dog feces brings rats, fleas and cockroaches. She has called many agencies to get some results and getting no satisfaction. Staff and Committee Reports: 1. Report from JWA - Jason Vasquez (5 minutes) Bristol Street Slope Update: The owners of the Bristol Street slope, Cal Trans, have once again started the negotiation process with the County of Orange to transfer the land. One month ago, Cal Trans submitted to the County of Orange an agreement of transfer. When received, the County made some changes to that agreement and had recently submitted those amendments back to Cal Trans for review. If Cal Trans accepts the amendments, then the County will begin the process of creating an Agenda Item to be processed and presented before the Board of Supervisors for a vote. It was estimated that the negotiation process would be complete in two or three months. The state will have to pay for this project. Peter asked if we have seen a design of the slope, we have not. Jason informed us that after the transfer, then the design process we will begin. Should members of the Santa Ana Heights PAC have any additional questions regarding the Bristol Street slope, they may call Charles Antos in the County Public Facilities and Resource Department at 714-834-4413. Fire Station Update: John Wayne Airport has selected a contractor to remove the old construction and begin new construction on John Wayne Airport's Fire Station 33. The FAA will fund 80% of the project, with the remaining 20% coming from the Airport Operating Fund. The contract was assigned to the Hensel Phelps Construction Co. in the amount of $5,997,500. This amount includes the removal of the unfinished work done by JM Contracting. Legal action against JM Contracting is still in the process. No date of start is set yet. 2. Report on Community Center - Rick D. & Barbara V. (15 minutes) On Sept. 19th Roger and BV met with Dave Kiff and Marie Knight at the City of Newport Beach to discuss the Community Center and some of the concerns they were having, as well as briefing us on a survey analysis they are planning with Cal State Long Beach to find out what aspects residents want to see the Community Center. Dave and Marie went on to assure us they are planning to purchase the property by the end of November; but there is still a big question about who will run the Center. That comes as a bit of a surprise to us, because it has always been our understanding and position that the YMCA will run the Center for the City. Time and time again during the process with the Koll Center and now the YMCA, the City has always taken the position that they were not interested in running this or any other center. The City has the following concerns: 1/ they feel that the YMCA may not provide or have adequate funding for the upkeep of equipment and maintenance of the facility. 2. If there is a profit at the Center, how much money will go to the YMCA of Orange County Association? 3.The City seems to be less interested in fitness programs than the YMCA, though at our Town Hall Meeting the overwhelming majority of folks were interested in seeing those types of programs continue. 4. The asking price of the YMCA has always been 4 million dollars if they would remain as operators, and put in at least $300,000.00 back into the center in the way of equipment and furniture. If that was not the case, their asking price is 4.8 million dollars. That is a substantial incentive to work out an operating agreement with them. The City is offering 4.2 million. 5. If the City operates the Center where does the little over 1 million dollars over what is already allocated come from? On Sept. 29th Roger, Rick and I met with Jon Voget of the YMCA to talk about these concerns. Jon Voget assured us that it has always been the plan of the YMCA to establish maintenance reserves. These reserves would be established according to the model that was presented to the Board of Supervisors in the Feasibility Study which out lines a schedule for the funding of reserves for replacements, buildings & grounds and a set aside for an operating reserve for a working capital fund. Any net profits after the reserves have been funded go to the YMCA of Orange County just as any net loses go to the YMCA of Orange County. If the City of Newport Beach is concerned about maintenance, the YMCA certainly has no problem working with the City for oversight of the maintenance or contract with the city for landscape services etc. Currently the YMCA has a Board of Managers that provides oversight and community direction to the operation of the YMCA, this board will be expanded to include PAC member's, residents, and City officials that will make sure the Center is being run and maintained as it should be. In a recent meeting, City Mgr. Homer Bludau assured Art Wannland the CEO of the Orange County YMCA that they intend to work out an operating agreement with the YMCA so this was news to Jon when we told him about our meeting with Dave and Marie. Roger Summers had a recent meeting with Supervisor Silva who assured him that he supports the YMCA managing the project and that was an intrical part of the project being passed by the Board of Supervisors. The YMCA and Jon Voget in particular, have been very forthcoming with us since we started this process over a year ago. Jon and or a representative have attended almost every PAC meeting in that year and continue to do so. When ever the County or the City had a question about the project or any concern, Jon was quick to go back to the organization and get the answer everyone was looking for…and that quite frankly is how we have gotten so far to this point today. By quelling and answering the concerns the County and City had. BV made a motion, to document in our minutes, that the PAC show a vote of confidence to the YMCA and to let the City and the County know that we continue to support the Community Center and the YMCA as the management of that facility. Roger will write a letter to those agencies in support of this, incorporating the due diligence with the City of Newport Beach in accordance to the plan. The motion passed unanimously. 3. Report on Fire Station - Dave Kiff (4 minutes) The City and the County agreed to use $4.1 million in RDA funds to purchase land for and to build a fire station to serve Santa Ana Heights. The City has pursued several locations along Birch Avenue in the commercial district. An offer letter has been issued to one property owner -- purchase of the property would occur following City Council approval assuming the property owner is willing to sell. They should know within days or a few weeks. Greg asked if eminent domain would enter here, Dave said yes it could, but the City has no plans to do that. 4. Report on Old Kline Drive - Harold K. (5 minutes) Not enough folks responded to the County questionnaire and they are still trying to get more folks to answer the County. They need a unanimous vote of confidence to have the County move forward on this issue. There are approx. 10 land owners effected. Gary Golson owns a few parcels on Old Kline Drive. He wants to be put on the newsletter list and Mark will do that. He OK'd plan B on the mailer and did not see that in the Newsletter. He suggests having a meeting on the street itself and feels that would be beneficial. Harold says he needs to get more responses before they can do that. Harold will take the project back to the street and report on this at the next PAC meeting. Dave Kiff commented that when the City takes over, if they do, they would be equally reluctant to use eminent domain unless all the homeowners wanted the changes except one, they might consider eminent domain for that one homeowner. 5. Report on Budget & Projects - Peter Macdonald (10 minutes) We had our PAC budget committee meeting on 9/2/03 with Paul Lanning at his office. In attendance were BV, Greg Carroll, Davis Stevie, and Peter MacDonald. At the top of the conversation, was County Engineer Ted Rigoni re-visiting us regarding the Bristol Street sidewalk. That project now has a price tag of $300,000.00. And at the last PAC meeting, there was much discussion of the merit of the project and the cost. Ted was back today with in-depth photos of the street, the broken fence area, and the damaged guard rail that some vehicle crashed into, and the pathway of uneven dirt. We all agreed that this is a hazard to pedestrians and something needs to be done, but why use PAC funds for this project is the big question. This area is now owned by Caltrans and they are in the process of turning it over to the County this month. There is a partial sidewalk, but that was put in by Costa Mesa and basically stops at the Costa Mesa line. There was discussion about closing off that part of the street to pedestrian traffic, but there maybe legal issues that would prohibit that. The committee has asked Paul to go back to the County and to Jim Silva and see if this project couldn't be put on the County's list of road improvements. There was some discussion of PAC putting in some money towards the repair, maybe the $60,000.00 that was originally estimated, but the project would not pass PAC approval at the cost it is now. Next up we discussed the City of Newport Beach and their take over of the Redevelopment Agency. We talked at great length about the airport funds that go into the agency and without them, (as discussed at the last PAC meeting), we couldn't see how that would benefit anyone especially Santa Ana Hts. and future projects. The County is having another meeting with the City and one option being discussed is having the RA stay with the County and just have the City administer it and the projects. The committee felt this was a good option and gives us the best of both agencies. We will bring this to PAC for further discussion. Undergrounding was our next topic of conversation and we are on track with that. The next step is to see what sort of environmental report the County needs and then it will be tossed to the City of Newport Beach who will hold the hearing on the subject. RA funds most likely will be used to fund that meeting. Paul does not anticipate a lengthy environmental report will be needed and this process should keep moving along. The Horse arena is at a stand still. The City has made their position clear that since they don't own the land and never will because it is owned by Flood Control, they are going to take on the liability issue. Paul stated that more discussion of this will be ongoing, but the committee feels this might have hit a wall. We may need to re think this Project with more City involvement and maybe another location? Richard recommends that we look at the property next to Pat Cox. The letter went out to the residents of Old Kline Drive, about 10 letters total to property owners. They have until the end of Sept. to respond. So far Paul has heard from 2 property owners who were very much on board for this improvement and one who said they needed more information. After the 30 day respond period has passed, the County will set up a meeting with the residents. The Riverside Drive project is moving ahead and they are doing survey work and working on plans for the water lines in the Anniversary tract as well. The City of Newport Beach and the Irvine Ranch Water District had talks about working out a joint venture on this project, but it was reported that the talks went no where. The County needs to now get with the IRWD and begin talking again about the $250,000.00 that was previously budgeted for this project. Everyone was unclear if that amount was PAC money budgeted or if that was the money that IRWD budgeted. Roger Summers needs to chime in on this one because he was around during those initial talks. Greg said he had more questions about the Bond issue and Peter suggested that Greg write the questions down and email them to Paul as we did last meeting so he can have answers by next month's PAC meeting. The committee asked about Code Enforcement on the West side and it was Suggested that we contact Bryan Speegle at the County with our concerns since Allan Metz is not responding to our issues. Davis will address this in an email to Bryan and will follow up. 6. Report on Code Enforcement Issues - Barbara V. & Jim Sinasek (10 minutes) Code Enforcement PAC Report; Jim Sinasek was introduced by Dave Kiff . Charles "Cass" Spence is in charge of the East Side and working very diligently to resolve the issues in the area. Cass is going to drive through the area and try to talk to as many folks in the area as he can to begin with. Some of the issues: what the County allowed and what the City does not. They are being flexible with those code issues. They are working on 15 cases right now. He went on to explain that there are some cases in which Code Enforcement needs a letter of declaration from the reporting person so they can get an inspection warrant from a judge. In these cases they need the letter if the issue is not in plain sight from the street. BV: East Side Report BV met with Charles Spence from Code Enforcement for the City of Newport Beach on 9/ 17/03. They drove the neighborhood so that Charles could point out issues and properties that he was currently working on and other violations that he will address in the future for East Santa Ana Hts. Charles is familiar with the area since he grew up here and knows some of the homeowners as well. As code enforcement has just taken over the East Side, the first order of business is to research history, permits, and what the County has done in the past on some of these properties under investigation. Charles did drive down Zenith and look at the landscaping for the law office that many neighbors have complained about. He is looking into that problem and the noise issue from Bristol Street as well. Again, there needs to be extensive research on this so he is familiar with the history and what has transpired, what was promised and permitted, and what has not been done. Charles pointed out several things that our neighborhood should be aware of. The height of front yard fences and hedges must be no greater than 3 feet. If it is over 3 feet in height the hedge must not become 80% opaque within a year of planting. The county height requirement was 3 1/2 feet. If you have a fence that does not meet that requirement, you can go to the Newport Beach Planning dept. and apply for a modification and a building permit. If it has a County permit already, it should be considered a legal nonconforming structure, so no new permit is needed. The side fencing or shrubs height requirement is 6 feet. Neighbors should prune their bushes to be in compliance. We also noticed some homes remodeling. If you have a port a potty on your property, it can not be located in the public right of way and must be moved onto your property. Boats and cars parked in your driveway are legal if the garage doors can be opened and you can get your vehicles in and out of the garage with ease. Boats and cars that are inoperable are not supposed to be parked in your driveway or front yard. For the time being Charles is zeroing in on the fence height issues, current complaints, and the boat and car issues in driveways. BV found the drive along to be very informative and helpful in familiarizing her with the codes and issues property owners were complaining about. They have agreed to take a drive along once a month to stay up on the code enforcement issues in the area and so BV can report back to PAC and keep them updated. Dave Stieve; West Side Report West Side Code Enforcement Report. On Oct. 6th, Harold Klassen and Dave Stieve met with County Code Enforcement officer Cindy Sesma. This subcommittee for the West Side Code Enforcement issues, discussed particular areas and cases of concern and were pleased to find out that Cindy was aware of each of them and had already open case files on most of them. In each case, letters, phone calls, and citations had been either issued or were about to be, or other county agencies would be contacted to assist. The slowness of the bureaucratic system is certainly in play here, but at least in motion--we hope. The main cases discussed were the area where the burned out boat was removed 2 weeks ago, from the front yard on Orchard, it is still an open case. Even though the boat was removed, Cindy will be contacting the owner of the property to see what his intentions are with the land. We also discussed illegal structures at 1541 Orchard, and people living in them, along with the house and cars at 1624 in the horticultural area on Orchard. The next big issue is Old Kline Drive and the businesses that operate there. The question of the zoning and what is allowed for the operation of businesses in a residential environment need to be resolved. Issues of hours of operation and who can operate a non-owner occupied business must be resolved. The consensus of the meeting is that County Code Enforcement would work On the bigger issues on the West Side of Santa Ana Hts. i.e. illegal structures, Old Kline Dr. etc. rather than the smaller code enforcement issues. It is no secret that the County cutbacks have short staffed this dept. There are just too many cases and too few enforcement agents. The sub committee was pleased with Cindy's response and attention, and were reassured that she is aware of each of the main offenders in the area. They recognize that they need to continue to pursue the code enforcement issue on the West Side and stay in close touch with Cindy.... but clearly more needs to be done. Dave and Harold will continue to stay in touch with Cindy and "keep the wheels squeaking," so that our area can receive the attention that it needs to resolve some of our major problems. The recommendation to PAC is that a letters and/or calls be made to Supervisor Silva and Bryan Speegle to arrange a time when they can take a drive along in the area with the subcommittee and see first hand what the code enforcement issues are. 7. Report from Development Committee - Rick D. (5 minutes) Reviewed one project just north of Birch Bay Plaza area this is a Steadfast Project. There were lots of concerns on this and he had a meeting with the architect. This is the first project that Newport Beach Planning has been involved in and Rick was very impressed with their review and concern for our area. They were much more thorough than the County has been in the past. Rick brought the plans to PAC and is still concerned over this project's elevations on Acacia and Birch. He sent a final letter of approval with the changes in the projects. Other Business: Pictures were given to Harold and Dave of the kennels. Adjournment : The next meeting is scheduled for December 2, 2003 / 6:30 p.m. |
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