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December 7, 2004 6:30 p.m. Pac Members in attendance: Roger Summers, Mary Slouka, Greg Carroll, Davis Stieve, Peter Macdonald, Barbara Venezia, Richard Moriarty, Rick Dayton, Harold Klassen Excused: Gary Hall Introduction: 5 minutes Approval of October Minutes Richard makes a motion to approve the minutes and Mary Slouka seconds and the minutes are approved. 1. Introduction of Guests: Newport Beach Council Woman Leslie Daigle, Patrick Arciniega, Newport Beach City Engineer. 2. Chairman’s Remarks There was a discussion to change our meeting site and Roger has looked into this and there really is not any other place in the area that would accommodate us. There is going to be a recommendation on the 14th of Dec. to the Board of Supervisor to appoint another PAC member to replace Jay Taylor. That person has met with the Supervisor and the appointment should be approved. Public Comments (Non-Agenda Items): Limited to 3 minutes each 1: May Ranck : her concern is the nursery on Orchard. She claims they are bringing in trucks that are bringing in produce and the owner is sub leasing part of the property in the back and is growing cat grass. Richard says that he knows what he is doing and is perfectly within the zoning of the area. Also, on Old Kline Dr. the folks are complaining about lots of trucks being parked on the street. She is also concerned about the horse poop where the proposed Fire Dept is on Mesa Dr. Jayne Jones: Talks about the official day of the horse on Dec. 11th. Here is the proclamation that was passed out to PAC Members: WHEREAS, The horse is a living link to the heritage and history of the State of California and the United States of America; and WHEREAS, Without horses, the economy, history, and character of the State of California and the United States of America would be profoundly different; and WHEREAS, The presence of the horse continues to permeate our society from movie screens to open land to our own back yards; and WHEREAS, Horses are a vital part of our collective experience and, as such, deserve our protection and compassion; and WHEREAS, With increasing pressure from modern society, all horses, wild and domestic, rely on humans for adequate food, water, and shelter; and WHEREAS, Today, horses play a vital role in the economy of the State of California and the United States of America; and WHEREAS, The Congressional Horse Caucus estimates the horse industry contributes well over $100 billion to the American economy annually; and WHEREAS, The University of California, Davis, reports that California equine activities support between 300,000 and 1 million horses; and WHEREAS, The second Saturday in December should be specially set aside as the Day of the Horse to encourage all citizens to be mindful of the welfare of the horse and its contribution to our economy, heritage, and history; now, therefore, be it Resolved by the Assembly of the State of California, the Senate thereof concurring, That the Legislature of the State of California hereby proclaims December 11, 2004, to be the Day of the Horse in the State of California, and calls upon all citizens to be mindful of the welfare of the horse and to recognize and appreciate the role of the horse in our history, heritage, and economy. On Dec. 11th the Back Bay Equestrians are going to have an event at the Delhi Channel to outline where the new horse arena will be and they passed out flyers. Roger is concerned about the wording on the flyer to calling this a “ground breaking” is not really correct since no money has been approved and no design has been approved officially for this riding arena. He is concerned that whatever is said is factual. They are not breaking ground. Derek Leason: We have a great opportunity to do things with the money in the RDA. He thinks that we had the opportunity to buy into the airport and we didn’t do it and he thinks that is where it should go. Lisa Clement: She is concerned about the horse arena and how it is moving along. Staff and Committee Reports: 1. Report from JWA – Justin McCusker (5 minutes) Yesterday at 8:55 AM the TSA at the airport called for a terminal dump. A bag had been picked up by a passenger not screened and they made the decision to take everyone off the planes and took everyone in the terminal back outside. The canine units went through the terminal and all passengers were re-screened. No one missed their flights because all flights were held. The TSA did not report back to Justin and he does not know if the person was found. Holiday travel went well at JWA and it was the busiest Thanksgiving in JWA’s history. No problems were reported. They expect Xmas to be the same and are bringing more people on staff. They did double the screening back in June and that is working well. The peak period wait time is no longer than 15 minutes. He did get calls from SA Hts. Residents about the slope washing away and it was not due to the rain. It was due to a pipe that broke and part of the slope did wash away on Bristol. There were some traffic issues, but that was cleared away and put back in place. The fire station at the airport should be open sometime in the summer of 2005. 2. New Projects Update – Barbara V. (10 minutes) Ad hoc study committee: Supervisor Silva, Michelle Grettenberg, Paul Lanning, Greg Carroll, Barbara Venezia, Dave Stieve, Dave Kiff, Roger Summers * Bristol Street Sidewalk & Bristol Slope issues Paul Lanning reports….. This property has still not been turned over to the County from Cal Trans. Paul reports that the revised agreement between the County and Cal Trans has now moved up to another dept. at Cal Trans and he will keep following the process. Newport Beach takes over of the redevelopment agency Dave Kiff Reports no report here. * Annexation of West Side. LAFCO has a new officer and she has met with the City of Newport Beach and Costa Mesa. Everyone agrees on the annexation of the West Side but the sticking points still seem to be South of Mesa and the Country Club. The committee suggested that the City break out the West Side into its own application to LAFCO to keep the deadline of July 2005 for annexation. Dave will talk with Homer and City officials to see if that is a direction they can support. The Supervisor sits as a LAFCO alternate and he said he can’t see the support for the Country Club going to Newport so if no resolution to the issue was in sight by Jan. The City should break the applications in two. Park Improvements on Orchard: Paul Lanning reports: So far the mgt. co. has painted the equipment that is currently there with a thick coating so splinters are not an issue anymore. Diane Harvey is a mom in the area who will be contacting Paul to let him know what the other mom’s think of the improvements. This park was originally created as an adult park and now that the community is getting younger families living there, they would like to see the park reflect the change. Paul will continue to report back to us on this /Water systems on Riverside Drive Project Paul Lanning reports: The storm drains are in and completed. This aspect to the project is finished. The next step is upgrading the water lines in the Pegasus and Anniversary tracts. The County is working with IRWD on the design phase currently. Code Enforcement report: The City of Newport Beach wrote a letter to Supervisor Silva outlining their plan to supply code enforcement for the West Side as a contractor. That letter is posted on our web site. November 30, 2004 The Honorable Jim Silva Vice-Chairman, Orange County Board of Supervisors 10 Civic Center Plaza, Fifth Floor Santa Ana, California 92701 RE: Code Enforcement in West Santa Ana Heights Dear Supervisor Silva: This letter serves as the City of Newport Beach’s proposal to provide Code Enforcement activities in West Santa Ana Heights under a proposed Contract between the County’s redevelopment agency and the City. The details of our proposal are as follows: • The City of Newport Beach’s Code and Water Quality Enforcement Division will provide 20 hours per week (on average) of Code Enforcement to West Santa Ana Heights each week that the Contract is in place. • The Contract will last until such time as the City of Newport Beach annexes West Santa Ana Heights or until either party agrees to end the Contract with 30 days’ notice to the other party, whichever comes sooner. • The codes to be enforced will be from the Orange County Codified Ordinances rather than the City of Newport Beach’s municipal code. • Any fees generated by citations would be deposited in a County account which the County so designates. • Any appeals made to citations issued by our staff will go through the County’s appeals process. City staff will make themselves available to testify in support of staff’s action to issue a citation at no additional cost. • The City will provide these services for $30,000 per year, which equates to $2,500 per month. The County may choose to pay the City in quarterly, semi-annual, or annual increments. • All records of our actions shall be provided to RDMD management, with copies kept by the City for our records. • City staff will regularly update your office and the Santa Ana Heights Project Area Committee (PAC) as to our actions. • All aspects of the proposal are subject to refinement as a part of developing the actual Contract with County Counsel and with our City Attorney. • The Contract would also be subject to the approval of the City Council and the Board of Supervisors or Board of Directors of OCDA. While the decision to enter into this proposal is entirely the County’s, we urge you to consider using redevelopment funds for this service. We have consulted with our own special counsel in this regard (David McEwen), and he suggested that this service can appropriately be funded via redevelopment dollars. We look forward to discussing this proposal with you at your convenience. Sincerely, HOMER BLUDAU City Manager cc: Members of the Newport Beach City Council Jim Sinasek, Code and Water Quality Enforcement Members of the Santa Ana Heights Project Advisory Committee Tom Mauck, CEO Vicki Wilson, Assistant CEO Bryan Speegle, Director of RDMD For the East Side report: Greg and I had a ride along with Cass and things are looking great. One question that seems to be raised over and over is boats stored and parked in driveways. That is legal if the boat is operable, the trailer tires are not flat, the boat has a current and valid registration, the boat does not block the right of way in the side walk in any way, and you are able to open and gain access to your garage. The other issue that we noticed is the corner of Mesa Dr. and Bayview. The street surrounding the corner for about two houses seems to be sinking and the street is cracking and the storm drain is affected. The City needs to address this. Cass wanted us to mention that there is lots of new construction and remodeling going on in the neighborhood. If you hire a contractor make sure your contractor is aware of the City codes and is especially aware of any run off of materials that will go into the storm drains. He is having a constant issue with some contractors in the area. By the way, the Specific Plan is now on our PAC website. 3. Financial Report – Greg C. (10 minutes) Greg handed out a lengthy report and wanted to reiterate that there is plenty of money in the fund. We are generating millions of dollars every year and he feels we need to generate the message that we want the projects to get done. Money left over at the end of the agency is still in question and Greg is still working with Paul Lanning on this. The question was asked if there is exposure for the State or the County to come in and take funds. Greg said that is a fact, but feels there is plenty there and is not really concerned about that. 4. Development Committee Report – Rick D. (10 minutes) The Development Committee reviewed submittals for 3 projects since the last PAC meeting. 1. Design Plan and Negative Declaration by County Roadway Division for the widening of Irvine Avenue between Mesa and Bristol. The sidewalk at the south side of Bristol Street north of the golf course appears in the Negative Declaration scope of work. Javier Soto, the County Civil Engineer who is in charge of this phase of the project, told us that the County would like to do the sidewalk project as a part of the Irvine widening if budget allows. The County may be coming back to PAC to ask for support for using a combination of Measure M and RDA funds to finance the sidewalk project. In the letter back to the County, the committee asked for the following: 1. landscaping at the 2 raised medians and stockpile area 2. existing street parking at west side of Irvine avenue between the apartments and the commercial complex to remain as much as possible. 3. underground utility lines from east side to west side of Mesa Drive as a part of this project rather than tearing up Irvine Avenue at a later date to underground this section. 2. 20072 Birch Street (Azar office) is requesting a change in use permit to allow up to 4,000 SF retail space and up to 5,000 SF medical/dental space, with the remaining 7,000 SF to be office space. The building owner is working with City planning staff to compose a list of approved uses that could fit in these categories. The committee responded to the City that we are not opposed to having any of the Principal Permitted Uses that are in the County version of the Specific Plan, but noted that the Specific Plan as incorporated into the City Zoning Code has different permitted uses. The committee is opposed to allowing these new uses without further discussion with City staff to understand why they were added and how they will affect the character of the Business Park. 3. 20280 Acacia Street, Suite 100 (Biosensors International) an existing R&D company needs to file a use permit for a proposed 4,077 tenant improvement expansion of their business. City planning staff is proposing allowing up to 5,000 SF of Principal Permitted Uses in the building without any use permit applications. The committee responded to city staff that PAC would like to see a use permit application for new construction projects in order to be able to review them, but saw no need for use permit applications for subsequent tenant improvement projects as long as the uses were on the Principal Permitted Use list as it appeared in the County version of the Specific Plan. >From these last two reviews it has become apparent that the Zoning Code version of the Specific Plan has a number of changes from the County version. The committee is most concerned about the addition of "retail uses" and "service uses" to the Business Park Principal Permitted Use list. The committee has responded to the City that we are very much opposed to having the Business Park become a General Commercial zone like we have on Bristol Street. We have asked for a complete list of the specific plan changes and a subsequent study session to review the changes with planning staff. 5. Fire Station – Dave Kiff (3 minutes) The City has now purchased all the property and the Davis family will most likely stay there until the end of the year. There will be more meetings with the architect in the coming months. 6. Cypress Undergrounding Report – Patrick Arciniega (5 minutes) The district will include Orchard, Mesa and Cypress St. The cost of the project funded by RDA. There was a notice sent to the all the residents to outline the project. The homeowners will not be responsible for the cost of hooking up their homes to the utilities as previously discussed. This is new news to the residents who were told by the County that we couldn’t do that. The City has checked into this fact and their consultants say this can be done. Edison will have a contractor that will do the conversions. The audience applauded this proposal. Patrick also stated that this would help the project move along with out opposition from any homeowners who would have a problem with hook up costs. Roger feels that this will set a precedent to other undergrounding projects in the area and was not in favor of setting this precedent. The audience disagreed. Mark Esslinger says that he has never heard of RDA money funding the homeowner part of this and it still needs to be approved by the Board of Supervisors. Dave Kiff suggests that at the public hearing include the fact that this issue is still in flux. Dave says that the private council they consulted said they could do this. Dave also suggests that they talk to the Supervisor about this. A motion from PAC To go to the Supervisor with the proposal from the City of Newport to support the finance of the conversion of overhead electrical, telephone, and cable to underground services on private property with County Redevelopment funds pursuant to sections 33440 and 33445 of the Health and Safety Code. Estimated dollar amount for the project $5.8 million dollars with an additional estimated $6 hundred thousand dollars for private hook ups. Mary Slouka seconds the motion. Motion passes with one objection 9 to 1. The next public hearing will be January 11th. This will be held at the City Council chambers at 7:30 PM. A detailed notice of the proposal was sent to all. 7. Westside Annexation Report – Dave Kiff (5 minutes) Dave says they are going to the City Council in January with just the West Side and that is what Staff will recommend. Dave recommends that West Side residents come to that meeting and will communicate with Roger and we will post the date on the site. 8. Equestrian Report – Mary S. (8 minutes) Riding arena: The plan is to have the Back Bay Equestrians incorporate themselves and when they can prove to the city that they are insurable, and then the City will turn the arena over to the Back Bay Equestrians. Dave Kiff says the City does not want to be the landlord of this land but he would go to the City Council and ask for $1000.00 per year in an escrow account to be used for maintenance. It is now in the hands of the BBE. There is City ordinance that says you can not park a vehicle over 27 feet on the street. Horse trailers are over that length. Dave Kiff says that if PAC is agreeable, the City will amend that ordinance to allow equestrians a truck and trailer to be on the street for a time frame. Roger suggests that if you leave a vehicle in front of your home it should be one time frame, if it is not in front of your home, use a 24 hour time frame. The question arises as to how parking enforcement will know it is in front of your home. The suggestion would be a sticker on your vehicle to identify it. The other suggestion was that if the horses get licensed, the owners would then get a sticker for their vehicle. Dave is going to ask Code Enforcement not to ticket trailers right now and he will talk with parking to get a plan and they will consult with Mary Slouka on this. The BBE asked if there could be a modification in the residential building codes to have a set back on one side of your home that could be used for equestrian. There was discussion that this was not in the best interest of the buyer or the seller. Motion was made to table this motion and have the BBE poll the neighbors on Cypress and Mesa Dr. made by Rick and Mary 2nds. Motion passes 10 to 1. 9. Mesa/Birch Park Site/ Orchard site park – Rick D. (3 minutes) The City has agreed to form a committee on this and the Committee is Dave Stieve, Rick Dayton, Chair; Richard Moriarty, Tim Stoakes and Gary Hall. All are meeting this Monday on site to discuss the plan for the site. Dave Niederhaus is the contact person here. Also the park on Orchard: Diane Harvey is talking to a company in Tustin about a play yard equipment to be put into the park and continues to talk to Paul Lanning about this. The management company in charge of maintaining the park feels they have fulfilled their obligation. Originally the business park and the County owned that property. The business park was supposed to maintain the park and is doing that. Mark Esslinger will look into who does own the property. Diane has design plans that she will get to Davis and they will meet on site. 10. Community Center Report – Rick D. (5 minutes) The two parties are working on an operating agreement. The City plan is to set up an escrow account and purchase of the property should take place by June 2005 and hopefully earlier. The City and the YMCA are working on a design concept for the building and once that is complete the operating agreement should follow. The City feels it needs to know what the building will look like and what it will house as far as programs and space before it can settle the operating agreement and the questions of risk mgt. can be answered. The City and the County and the Y and PAC Members are continuing to meet. Roger will get Dave Kiff the contact of the man working for the Y in Santa Ana working on that building project to look at the costs of the construction and compare that to what Newport is planning. 10. Report on Old Kline Drive – Dave S. / Harold K. (8 minutes) The County met with residents on the street on Oct. 21. The consensus was that Plan B, (outlined on our website), was the plan that was most popular. There were 2 property owners that were not in attendance and they have been sent the information via mail by the County. The County is now working with the Fire Authority and the engineering firm to make some modifications to the plan. Hank is the engineer with SB2 and will meet with Paul next week and the Fire Authority. Davis brought up the fact that in the initial talks about refurbishing Old Kline Dr. there was discussion about undergrounding the 6 power poles as well. Paul will go back to County and inquire about this. Roger makes a motion: the residents who are giving up property, (amount to be determined), to increase the street size, should be compensated for that extra property by the RDA. In regards to refurbishing Old Kline Dr. the 6 poles on the street should be undergrounded. Passes 5 to 3, 1 abstains. Adjournment: The next meeting is scheduled for February 1, 2005 / 6:30 p.m. |
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