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SANTA ANA HEIGHTS PROJECT AREA COMMITTEE Meeting Minutes and Reports for Feb. 6th 2008 PAC members in attendance: Barbara Venezia, Tim Stoaks, Richard Moriarty, Rick Dayton, Gary Hall, Ted Bosley, Ted Nichols and Mary Slouka Excused: Jayne Jones, Gary Golson, City and County Staff in attendance: Mario Mainero, Dave Kiff, George Britton Agenda 1. Welcome and Introduction of Guests/ Lt. Steve Koudelka from NBPD, 2. Approval of October 2007 PAC meeting minutes. Richard Moriarty makes the motion to approve minutes. 2nd By Ted Nichols / motion passes 3. Public Comments: (3 minutes or less) Public comments can only address PAC related issues or proposed projects. We ask that you do not comment on issues PAC has no jurisdiction over. We suggest you prepare your comments in advance and in writing to keep you focused and within the allotted time. If you have a comment on anything on the agenda, please wait until that agenda item is being discussed. No Comments Staff and Committee Reports 4. Overview of the County Run Projects - Mario Mainero/George Britton Kline Drive, Orchard St. Park, Bristol St. Sidewalk as well as Post Office Change of Address/ Update and Airport Slope Update (10 mins) KLINE DRIVE The County contracted with a design firm and that design process is currently underway. The County is working with Southern Ca Edison to work on moving approx three poles that need to be moved so as not to impede the road. During the months of October and November, RSG and RDMD met with all available property owners on Kline Drive to fully explain the ramifications of the road project. The property owners were shown just where the road will be constructed, in order to provide the most detailed impact on personal property possible. The property owners were also briefed on the fact that Kline Drive will be a public road, which will require a dedication of personal property to the County of Orange. Representatives from RSG then provided each property owner with an agreement and detailed maps. These agreements explain each property owner’s position on the project, and represent a good faith agreement to dedicate right of way for a public road at the appropriate time. In addition, the status of underground utilities was discussed with each property owner to gauge the level of support for those improvements. Due to provisions in California Redevelopment Law, the costs of undergrounding across each private lot cannot be paid by the Agency. Rather, they will be the responsibility of each owner. Depending on how up to date the electrical system is at each home (and some are quite old), these costs could involve more than just installing a trench and cable from the conduit in or adjacent to the street. There is total support for the road, which is necessary given the nature of the existing easement. As a result, the County will proceed with detailed engineering and will prepare legal descriptions and other documents to eliminate the easement and dedicate of necessary right of way. There was not full support for undergrounding the utilities, so that part of the project will not be pursued. Rather, the plans will address the existing utility poles and their possible relocation. County staff, at the request of Mario Mainero of Supervisor Moorlach's office, is looking into potential tools that could allow the private costs to be paid by the property owners when their property is sold, or at some other, more convenient time. If a decision is made to offer such assistance, then undergrounding of utilities will be re-examined with the Kline Drive property owners. Mario Mainero reported: "As per the County Council, the County can perform work that, under ordinance, is the responsibility of the owner (such as connecting private property to the underground utility lines), and may then assess those costs against the property in the form of a lien. See California Civil Code Section 2881; Orange County Codified Ordinances Section 7-11-8(g)). The property owners could also enter into an agreement with the County that provides for the payment over time of the cost of the laterals and provides for securing that obligation with a lien against the property. However, this must be done with County funds, and NOT redevelopment (or OCDA) funds. In a letter dated February 21, 2005, redevelopment counsel, Goldfarb Lipman, stated that redevelopment funds cannot be used to connect private property to the underground utilities lines. If so, then it is likely that redevelopment funds cannot be advanced as loan to connect private property to the underground utilities lines, either. We asked Mario if it was possible to put the cost of the hook ups on property taxes over a period of time as an alternative for homeowners. "That one is not doable because there are statutes controlling what goes into property taxes and to whom they are paid. The lien, or a deal on an extended payback, get to the same place." *********************** ORCHARD ST. PARK The park should start within the next few weeks and it will be about a month from when they start to completion. IRVINE AVENUE FROM MESA DRIVE TO BRISTOL STREET... As Reported by Javier Soto The project was awarded on October 2, 2007 to Griffith Company as the low bidder at $6,457,959.35. Two (2) major utility relocations are required for construction of the roadway improvements. Costa Mesa Sanitation District is relocating its sewer lift station located on Irvine Avenue. This relocation work needs to be completed before roadway improvements can begin on the south segment of Irvine Avenue. This work is anticipated to be completed by end of January 2008. This work will include night work to avoid traffic congestion. The other utility relocation is an electrical power transmission line located on the north side of Mesa Drive and an electrical distribution line on the south side of Mesa Drive. Both lines are west of Irvine Avenue. This relocation work will be performed in conjunction with the roadway improvements on Mesa Drive. Roadway construction will start in January 2008 and project completion is anticipated in to be in February 2009. POST OFFICE CHANGE OF ADDRESS FOR WEST SIDE The City of Newport Beach notified the US Postal Service of the annexation, the streets affected, and the effective date, but Newport (and cities in general) have no control over how the USPS may change addresses, when they may change them, or whether they change them. Supervisor Moorlach and Mario met with Congressman Campbell and the process has been started. In order to pursue potential change, Postal Regulations require that we survey all residents impacted by the annexation. Letters will be sent out to those affected customers sometime next week requesting their preference in support or opposition of the ZIP code change. In order for us to move forward, we must receive a response rate of 50% in support of the change, from the total number of respondents to the survey. Residents are given 3 weeks to respond. We’ll determine if any further actions are necessary upon completion of the survey. We anticipate early March the survey results will be available. "Opening for Animal Care Outreach Committee" Mario reported that there is now an opening on the County Board Animal Care Outreach Committee. If anyone is interested in being on that board please send an email and resume to Mario Mainero ( mario.mainero@ocgov.com ) for consideration.. "West Santa Ana Heights could not vote on Measure B" Mario also reported that the reason Measure B was not on the West Santa Ana Hts. ballots on Feb 5th was that according to election law, the area would have had to be annexed for 88 days in order to be included in that vote. We were not within that time frame. Other County Issues" Mario also talked about several items that have recently passed at the Board of Supervisors level: #1 the Sheriff’s pension lawsuit that the County filed, if they prevail on the lawsuit, the County will save at least $187 million; #2nd item that was passed, Civilian oversight review board regarding the Sheriff’s office. #3 This issue didn't pass / Tin Cup local campaign contributions ordinance to create a civil enforcement body. Mario also reported that they are also looking for a new Sheriff and the BOS voted to hire a search firm. Supervisor Moorlach did not support the vote to hire a search firm. AIRPORT SLOPE ISSUE UPDATE No report available. 5. Police update Lt. and Area Commander. Steve Koudelka from NBPD will discuss policing policies for those new to the city in the annexation area. Steve reported that the 911 system went smoothly for the annexation. Those services are now in order. The new crime stats for the month of Jan on the West Side were not in yet, but from all indications there was nothing of substance reported. Steve will give us some crime stats at our next meeting. Ted Bosley asked if Steve will be notified of the complaints regarding the sober living homes on the West Side. Steve explained that the city is trying to work through organizing these issues. They are trying to work with enforcement of the new codes. STREET SWEEPING ON WEST SIDE Alternating sweeping days in the Heights would put a tremendous strain on staffing and equipment for both General Services and Police Department. Street sweeping will occur on Thursdays. Parking is restricted from 9:30 am to 12:30 pm. The signs were erected week of Jan 21. Karen Weigand is the parking supervisor and you can call her if you have questions 949 644 3717 or email her kweigand@nbdp.org Arco station issue/ he reiterated that the traffic engineering dept. says they did a study and see no stacking on the corner of Bristol and Birch. They know they have a problem with Carl’s Jr. But at this time no action will be taken. This will stay an open issue and the police will continue to monitor the situation. The police motors are watching the situation you can email mikejames@nbpd.org if you see any problems on that corner. 6. Overview City Run Projects: Mesa Birch Park, Undergrounding, Arena, Street Sweeping on West Side, Sober Living Ordinance Dave Kiff (15 mins) MESA BIRCH PARK Park has been underway since before Xmas it’s about a 4 month process and then we wait until the planting process takes hold we should see the completed park in the Spring for use by the public. Undergrounding takes along time. Edison continues to work on this but the utility Undergrounding design is still with them. Once they complete the design then we can get a close cost for the project. ARENA UPDATE As per Jayne Jones BonTerra Consulting has prepared an outline for the Resource Management Plan (RMP), which was required by the two resources agencies. They have sent the outline to the Ca. Dept. of Fish & Game and U.S.FWS to get their comments, if any, to make sure the RMP addresses all of the agencies' issues. Once the RMP has been completed a schedule will be put together, it is possible that a draft of the RMP may be submitted by the end of January or early February. SOBER LIVING ORDINANCE REPORT On Jan 22nd the Newport Beach City Council adopted a new code for the proliferation of sober living homes. This includes license and non licensed sober living homes, elderly homes, parole probation homes, as well as boarding houses. No new homes can come in any residential area except multi families and must get a use permit. This process is a public process and there will be a use permit officer. There is an estimated 6 existing homes on the West Side. Folks in recovery are deemed as handicap by the state. The City has the ordinance on their website and we urge residents to read the staff reports and ordinance themselves. 7. Code Enforcement Barbara (2 mins) January 17, 2008 PER SHANNON LEVIN 1. West Santa Ana Heights Annexation— First off I’d like to welcome the west side to the City of Newport Beach. For the first few months my attention will focus on Kline Drive, inoperable vehicles, and existing cases transferred from the County. One of the hot topics is residential parking requirements. It is a requirement of all residences that the garage must be clear and accessible for parking of at least one vehicle (NBMC 20.66.040). Any complaints about kennel facilities can be directed to the Newport Beach Police Department Animal Control Division, 949-644-3717. 2. Orchid Street— The City Attorney’s Office is currently working with outside counsel on the issues at hand. The City has cancelled the contract with the firm previously hired to work on the case. 3. All complaints must be submitted to me in writing either by email or regular mail. One last question was asked by Gary Hall directed to George Britton: what about old fire station property? The RDA will erect a fence. Current zoning calls for all 5 lots to develop property and so far the land owners in question have not gotten together on that issue. Tim makes a motion to close the meeting Richard 2nds meeting adjourned 7:40PM
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