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HomeMy WebLinkAbout01/11/2005 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 11, 2005 - 7:00 p.m. — 4:05 p.m INDEX CLOSED SESSION — 5:55 p.m A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Absent: None C. CLOSED SESSION REPORT — None. D. PLEDGE OF ALLEGIANCE — Staff Sergeant Jim Frakes E. INVOCATION — Pastor Jim McCammon, Newport Harbor Lutheran Church F. PRESENTATIONS Rutan & Tucker Presentation to the Marine 1/1 Fund. Jeff Oderman, Managing Partner, Rutan & Tucker, introduced Michelle Riley, Susan Barricella and Ernie Klatte, also with Rutan & Tucker. Mayor Bromberg introduced members of the Newport Beach 1/1 Marine Adoption Committee. They included City Manager Bludau, Tim Sloat, Dan Marcheano, George Tepitch and John Rhodes. Mayor Bromberg also invited Staff Sergeant Jim Frakes to come forward, as well as Anne Oxner and Kim McNess of the 1/1 Key Volunteer Network (KVN). He then read a statement from Lieutenant Colonel David Furness, which thanked the 1/1 Committee, the citizens of Newport Beach and Rutan & Tucker for their support. Mr. Oderman expressed the respect and appreciation that the employees of Rutan & Tucker have for the 1/1 Marines, and presented a facsimile check in the amount of $11,460.20 to the 1/1 adoption fund. Mayor Bromberg thanked Rutan & Tucker and stated that the 1/1 fund now totals over $60,000 and the money is already being used to support the families of the 1/1 Marines. Orange County Human Relations Annual Report. Pat Krone, Orange County Human Relations Commission, presented the City Council with the commission's annual report and their most recent newsletter. She stated that most of what they do is countywide, but that 14 hate crimes or incidences were documented in Newport Beach in fiscal year 2003, 76 cases were mediated in which one or more of the participants was a resident of Newport Beach, and the high schools in Newport Beach were also served by several programs. Ms. Krone thanked the City for its support of Orange County Human Relations. Volume 57 - Page 13 City of Newport Beach City Council Minutes January 11, 2005 INDEX Litter Proclamation. Mayor Bromberg presented a proclamation to Code & Water Quality Enforcement Division Manager Jim Sinasek encouraging all Newport Beach residents to accept responsibility for their actions and take an active role in reducing, reusing and recycling to prevent litter from entering the waterways and beaches in Orange County. Jaycee Week Proclamation. Anna Lisa Biason introduced Leo Diapo and Wendy Leung, and explained that the three of them are the founding members of THINK Jaycees (Together Harnessing Innovation, Networking and Knowledge) and that their goal is to emphasize business development and community service among individuals between 18 and 40 years of age. Mayor Bromberg presented a proclamation proclaiming the week of January 16 -22, 2005, as Jaycee Week. Ms. Biason invited the public to attend the Vine to Wine fundraiser benefiting the American Red Cross for tsunami relief being held on January 16, 2005. Report from the General Services Director. General Services Director Niederhaus reported that the General Services, utilities and Police departments have been working steadily since a high tide series and the most recent storms began on January 6, 2005. He explained the process that is followed for closing the tidal valves, which keeps the seawater from entering the streets. Due to the rains that accompanied the high tides, the streets flooded and pumps also had to be used. In addition, storm drains were cleared and sandbags distributed. General Services Director Niederhaus reported that there is also a problem with slides in some parts of the City. He announced that street sweeping and parking control would resume on January 12, 2005, and advised the public to drive slowly through the flooded areas. Additionally, General Services Director Niederhaus announced that the City is sponsoring an American Red Cross blood drive on January 12, 2005, from 12:00 p.m. to 6:00 p.m. at the Corporation Yard. He encouraged the public to participate and noted that the supply of blood is critically low. Secondly, he announced that anyone interested in reviewing the special trees in the City or wanting to nominate a special tree, can obtain information on the City's website. Council Member Ridgeway commended the General Services Department for their work during the recent storm activity. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Ridgeway requested that at a future City Council meeting or Study Session, the concept of a parking structure at 23�d Street near the Newport Pier be considered. Mayor Pro Tern Webb requested a report on the conversion of an area near the Newport Aquatics Center to wetlands. He specifically asked that the report include exactly what is being proposed, the timeline and if it's a suitable use for City /County open space property. Volume 57 - Page 14 City of Newport Beach City Council Minutes January 11, 2005 INDEX • Mayor Pro Tern Webb referred to the City Manager's Newsletter of January 7, 2005, and a report from the General Services Department on the number of trees that have been planted and removed in the City. He requested that a simple sketch showing the general location of the trees that were removed and replaced be provided to him. • Council Member Heffernan requested that future Modifications Committee and Planning Commission reports include a notation of the opposition that was presented, either in writing or orally. • Council Member Heffernan requested that at a future Study Session, the possibility of a tsunami hitting Newport Beach be addressed. He specifically requested that the report include what the probability of a tsunami disaster occurring in Newport Beach is and what the City could install as a warning system. I. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOL UTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF DECEMBER 14, 2004. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. RESOLUTION EXTENDING THE MARINERS JOINT USE (100 -2005) LIBRARY AD HOC STEERING COMMITTEE. Adopt Resolution No. 2005 -1 approving the extension of the Mariners Joint Use Library Ad Hoc Steering Committee. 4. Item removed from the Consent Calendar by Council Member Nichols. 5. ESTABLISHMENT OF NEWPORT BEACH.iCOSTA MESA/ (100 -2005) HUNTINGTON BEACH BORDERS COMMITTEE. 1) Adopt Resolution No. 2005 -3 establishing the Newport Beach /Costa Mesa/ Huntington Beach Borders Committee; and 2) approve the Mayor's appointment of Council Member Rosansky, Mayor Pro Tem Webb and Mayor Bromberg. CONTRACTS AND AGREEMENTS 6. APPROVAL OF CONTRACT WITH KNOWLEDGE COMPUTING C -3746 CORPORATION TO PURCHASE DATA SHARING SOLUTION. Data Sharing 1) Award bid and approve the contract to purchase Phases l and 2 of a Solutions Records Management System (RMS) Information Sharing solution from (38/100 -2005) Knowledge Computing Corporation in the amount of $1,606,053 to be funded from ILJ UASI Grant Funds Account #7017- C1820802 and Volume 57 - Page 15 City of Newport Beach City Council Minutes January 11, 2005 INDEX Volume 57 - Page 16 authorize the Mayor to execute the contract on behalf of the City; and 2) approve the "Sub- grantee Agreements to transfer or purchase equipment or services using Urban Area Security Initiative (UASI) Grant Funds" from the Cities of Santa Ana and Anaheim and authorize the Police Chief to execute the agreements on behalf of the City. 7. Item removed from the Consent Calendar by Council Member Nichols. MISCELLANEOUS ACTIONS S. UNSCHEDULED VACANCY ON THE ARTS COMMISSION. (100 -2005) 1) Declare a vacancy on the City Arts Commission due to the resignation of David Colley effective January 14, 2005; 2) confirm the Mayor's appointment of Mayor Bromberg, Council Member Ridgeway and Mayor Pro Tem Webb to serve on the Ad -Hoc Appointments Committee; and 3) direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Thursday, January 27, 2005, and schedule the submission of the nominations to the Council on February 8, 2005 with the final appointment to be made on February 22, 2005. 9. RECOMMENDATION FROM ECONOMIC DEVELOPMENT (100 -2005) COMMITTEE (EDC) TO FILL EDC VACANCY. Fill current EDC vacancy by appointing Dan Marcheano as "Newport Beach Restaurant Association" representative. 10. APPOINTMENTS BY THE MAYOR TO THE COUNCIL /CITIZENS (100 -2005) AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. Confirm the appointments outlined in the staff report, as amended to include the appointment of Dan Wampole as a Community Member on the Ad Hoc Telecommunications Committee. 11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM (100 -2005) CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES. Approve a budget amendment (05BA- 037) to increase expenditure appropriations $12,882 in Division 4060, Literacy, and to increase revenue estimates for the same amount in Account No. 4010 -4832, California Library Literacy Services. 12. POSITION CHANGE AND BUDGET AMENDMENT - CODE AND (100 -2005) WATER QUALITY ENFORCEMENT. 1) Authorize the City Manager to change an existing part -time Code and Water Quality Enforcement Officer (Trainee) to a full -time Code and Water Quality Enforcement Officer (Trainee) position; and 2) approve a budget amendment (05BA- 038) in the amount of $20,519.16 (an increase of $41,223 on an annualized basis) reflecting the above change. 13. APPOINTMENT OF REPRESENTATIVE AND ALTERNATE TO (100 -2005) BOARD OF DIRECTORS OF ORANGE COUNTY AREA HOUSING & FINANCE AGENCY. Item removed from the agenda. Volume 57 - Page 16 City of Newport Beach City Council Minutes January 11, 2005 J 14. Item removed from the Uonsent calendar by Mayor Pro Tem Webb. 523. INITIATION OF CODE AMENDMENT TO PROVIDE FOR LIMITED DURATION USE PERMITS FOR CERTAIN USES. Adopt Resolution No. 2005 -6 initiating an amendment to the Zoning Code to provide for limited duration use permits for certain uses. Motion by Mayor Pro Tem Webb to approve the Consent Calendar, except for those items removed (4, 7 and 14); and noting the amendment to Item No. 10 and the removal of Item No. 13 from the agenda. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None PUBLIC HEARINGS 15. PROPOSED UNDERGROUND UTILITIES DISTRICT (UUD) NO. 19 SANTA ANA HEIGHTS — MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE. City Manager Bludau stated that staff is recommending that the public hearing be opened and then continued to a future meeting. He explained that this will allow staff the opportunity to deal with some issues that have recently arisen. Mayor Bromberg opened the public hearing. Motion by Council Member Ridgeway to continue the item to the City Council meeting of February 22, 2005. Paul Gerst, representing the Promontory Bay Homeowners Association, complimented the City on moving forward so quickly with the proposed district. He stated that medium voltage distribution lines serve thousands of ratepayers and undergrounding benefits everyone. He stated that public safety has been given a preeminent position in the proposed district, as mandated by the Public Utilities Commission (PUC) and Rule 20A. Council Member Ridgeway noted that Rule 20A funds are allocated by priority by the City Council and that there are already four others. Council Member Daigle expressed her appreciation to staff and noted that undergrounding creates a safer condition and reduces failure. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Volume 57 - Page 17 INDEX (100 -2005) Underground Utilities District No. 19/ Santa Ana Heights (89/100 -2005) City of Newport Beach City Council Minutes January 11, 2005 Bromberg Noes: None Abstain: None Absent: None 16. CODE AMENDMENT NO. 2004 -009 AMENDING CHAPTER 20.44 (SPECIFIC PLAN DISTRICT #7 — SANTA ANA HEIGHTS) TO BE CONSISTENT WITH CHAPTER 20.85 (ACCESSORY DWELLING UNITS), WHICH WOULD ALLOW FOR GRANNY UNITS TO BE APPROVED BY THE PLANNING DIRECTOR [PA2004 -186]. Planning Director Temple stated that the City currently allows second units in the form of granny units. In the Santa Ana Heights area, the adoption of the specific plan requires the approval of granny units to be done by the Planning Commission. She explained that the purpose of the code amendment is to make the processing requirements the same for all areas of the City. Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Daigle to adopt Ordinance No. 2004 -29 approving Code Amendment No. 2004 -009. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 17. PUBLIC HEARING TO CONSIDER THE AWARD OF A NON- EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO ROBERT'S WASTE AND RECYCLING, INC. Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Ridgeway to adopt Ordinance No. 2004- 28 granting a Non- exclusive Solid Waste Franchise to Robert's Waste and Recycling, Inc. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Volume 57 - Page 18 INDEX (100 -2005) Non - exclusive Solid Waste Collection Franchise (42/100 -2005) City of Newport Beach City Council Minutes January 11, 2005 K. PUBLIC COMMENTS INDEX Robert Walchli requested that the City Council enact an ordinance restricting rooftop canopies. He stated that the property owner at 227 Goldenrod Avenue asked for approval from the City to build a canopy room and was told that there was no ordinance prohibiting such an installation, but later it was realized that such installations could affect views. He stated that an ordinance would provide the necessary guidelines to the public and City staff regarding rooftop objects. Secondly, Mr. Walchli stated that the "graffiti" caused by surveyors needs to be addressed. He stated that graffiti is graffiti, whether it is done by a gang member or a surveyor, and defaces the neighborhood. Assistant City Manager Wood reported that the Building Department did determine that a building permit was required for the structure at 227 Goldenrod Avenue and the Planning Director determined that it was a structure pursuant to the zoning code and would, therefore, need to comply with the height requirements. The property owner appealed the determination and the Planning Commission upheld the Planning Director's denial. Council Member Ridgeway requested that the issue regarding surveyor markings be addressed. ?Mayor Pro Tem Webb noted that many of the surveyor markings are related to the underground dig alert, which requires that all agencies having underground facilities mark their facilities before any excavations are made. He stated that each utility has a different color and often the projects last for six months to a year. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Ad Hoe General Plan Update Committee (GPUC). Assistant City Manager Wood reported that at the recent GPUC meeting, the committee decided to use a status quo roadway system to evaluate the land use alternatives and to rerun the baseline analysis. Status report - Local Coastal Program Certification Committee. Council Member Ridgeway reported that Senior Planner Alford has written approximately 75% of the implementation statutes, which will assist the City in completing the application. Status report - Newport Coast Advisory Committee (NCAC). Council Member Heffernan reported that the NCAC met on January 10, 2005, and discussed the Newport Coast Community Center, the landscaping on Newport Coast Drive from the toll road to San Joaquin Hills Road, and the design of an entry monument. Status report - Mariners Joint Use Library Ad Hoc Steering Committee. Mayor Pro Tem Webb stated that the award of the contract for the library will be discussed during Item No. 21 on the current meeting's agenda. Status report - City Centennial 2006 Committee. Mayor Pro Tem Webb Volume 57 - Page 19 City of Newport Beach City Council Minutes January 11, 2005 INDEX reported that the committee will be recommending to the City Uouncil that the City participate in the Rose Bowl Parade in 2006 as a part of the centennial celebration. He stated that events will take place during the year, beginning in October of 2005, and that volunteers are still being sought. Information can be obtained on the centennial website, NewportBeach100.com. Mayor Bromberg stated that the committee is working hard and having fun, and participation in the Rose Bowl Parade would be very exciting. He stated that significant floats begin at $60,000, with more significant floats costing over $200,000, and that potential sponsors will be contacted. Status Report — Environmental Quality Affairs Committee (EQAC). Council Member Nichols reported that at the recent EQAC meeting, the committee reviewed the Orange County Sanitation District project, Item No. 14 on the current meeting's agenda, and the Lexus dealership project. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 18. PLANNING COMMISSION AGENDA FOR JANUARY 6, 2005. Assistant City Manager Wood reported that at their meeting on January 6, 2005, the Planning Commission recommended approval of a code amendment to the parking requirements for medical and dental office uses. She stated that this will be considered by the City Council at a future meeting. Secondly, the Planning Commission considered a variance application for 3415 Ocean Boulevard. She explained that the property owner used the stringline concept used by the Coastal Commission to make sure that the development wouldn't go farther out on the bluff than surrounding development. The City has never adopted stringline standards, so the Planning Commission used the language in the new coastal land use plan and approved the variance for the project, with some modifications. Assistant City Manager Wood stated that the Planning Commission also considered the canopy structure at 227 Goldenrod Avenue, as discussed earlier in the current meeting. Lastly, the Planning Commission considered an appeal for a project at 3600 East Coast Highway and determined that the denial of the project by staff should be upheld. She added that the denial was made without prejudice, which means that the denial was for the original plans that were submitted. Revised plans were submitted by the applicant prior to the appeal being heard, and the applicant is now permitted to reapply with those new plans to the Planning Director. Council Member Heffernan asked why the Planning Commission adopted a 5 to 1 ratio for the parking requirements, instead of a 6 to 1 ratio. Assistant City Manager Wood stated that they probably relied on the research done by staff, which resulted in the 5 to 1 ratio being recommended. In response to Council Member Heffernan's question about the variance at 3415 Ocean Boulevard, Assistant City Manager Wood explained that the variance was for the height of the structure, but neighbors expressed concern for how far the decks were extending out on the bluff. The Planning Commission agreed and the applicant offered to Volume 57 - Page 20 City of Newport Beach City Council Minutes January 11, 2005 pull the decks back, which may have been one of the reasons why the Planning Commission approved the variance. She added that the Coastal Commission will have the final say on how far out the decks can extend. Council Member Heffernan asked if approval by the Coastal Commission would become the standard. Assistant City Manager Wood responded in the negative and stated that surrounding properties would still be looked at to determine the common line of development. In response to Council Member Nichols' question, Assistant City Manager Wood stated that the City has never adopted the stringline method used by the Coastal Commission, but the applicant used it knowing that Coastal Commission approval would eventually be required. Council Member Nichols expressed his understanding that the stringline method was a part of the local coastal plan and would be used by the City. City Attorney Clauson stated that the discussion is veering away from the agendized item. Motion by Council Member Nichols to appeal the Planning Commission's approval of the project at 3415 Ocean Boulevard. Mr. Walchli stated that he did not see a public notice posted at the property prior to the project being considered by the Planning Commission. The motion failed by the following roll call vote: Ayes: Heffernan, Nichols Noes: Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Abstain: None Absent: None N. CURRENT BUSINESS 19. TELECOMMUNICATIONS FACILITY PERMIT NO. 2004 -009 (PA2004 -171) - 20662 NEWPORT COAST DRIVE. Planning Director Temple stated that the proposed facility is being considered by the City Council because it exceeds the basic height limit for the area. She added that it is located on the Coyote Canyon landfill methane gas recovery smokestack, adds a fourth carrier to an area that already has three and is at, or below, the existing facilities. Council Member Heffernan asked if Sage Hill School was notified of the proposed facility. Planning Director Temple stated that they would have been if they are located within 300 feet of the boundary of the property. Council Member Heffernan stated that they abut it, so would have, but expressed his surprise that they didn't have any comments. Council Member Daigle noted that the facility is being placed on an existing vertical element, and asked if staff felt there were any additional aesthetic impacts. Planning Director Temple responded in the negative and explained that even though the proposed facility would exceed the existing height limit, it is at, or below, the existing facilities. Council Volume 57 - Page 21 INDEX (100 -2005) City of Newport Beach City Council Minutes January 11, 2005 Member Daigle suggested that the Ad Hoc Telecommunications Committee be given the authority to approve such permits in the future. Planning Director Temple agreed that amendments to the telecom ordinance might be appropriate as the City gains greater experience with it. Motion by Mayor Pro Tern Webb to approve Telecom Permit No. 2004- 009 subject to the findings and conditions of approval attached to the staff report. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, ?Mayor Bromberg Noes: None Abstain: None Absent: None 20. PROFESSIONAL SERVICES AGREEMENT AND BUDGET AMENDMENT FOR CREATION AND PUBLICATION OF A COMMEMORATIVE BOOK FOR THE 2006 CENTENNIAL. Recreation and Senior Services Director Knight stated that the proposed budget amendment is the first of several requests that will be coming from the centennial committee. The commemorative book is expected to be completed prior to the centennial kick off in October of 2005, and is planned to be approximately 250 pages. In response to Mayor Pro Tern Webb's question, Recreation and Senior Services Director Knight stated that the expenditure being proposed is expected to be recouped through the sale of the book. Any extra money would be used toward other centennial related activities. Mayor Pro Tern Webb added that if all of the 10,000 books that are planned to be published are sold, $300,000 would be received from the sales. Council :Member Heffernan asked if the City would review the final version of the book. Recreation and Senior Services Director Knight responded in the affirmative, and stated that several benchmarks are included in the agreement and that a subcommittee of the centennial committee, the heritage committee, has been established to assist in the review. In response to Council Member Heffernan's additional question, Recreation and Senior Services Director Knight stated that 10,000 copies was determined to be an appropriate number based on the number of commemorative books that were sold for the City's 75th anniversary. Mayor Pro Tem Webb added that 10,000 copies is the minimum needed to get a price break on the overall publishing for the quality of book that is desired. Additionally, there is the ability to publish additional copies at a reasonable rate. Motion by Mayor Pro Tem Webb to 1) approve a Professional Services Agreement (PSA) with Douglas Westfall and The Paragon Agency for the creation and publication of a book in commemoration of the City's 100 Volume 57 - Page 22 INDEX C -3747 2006 Centennial Commemorative Book (38/100 -2005) City of Newport Beach City Council Minutes January 11, 2005 year anniversary; and 2) approve a budget amendment (05BA -035) for funding the publication of the Commemorative Book for the 2006 Centennial by increasing expenditures in account 0110 -8250 by $114,337 to cover the cost of publication. The General Fund unappropriated fund balance will advance these funds and will be reimbursed by anticipated revenues of $301,000 from the sale of the books in FY 2005 -06. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 21. DONNA AND JOHN CREAN MARINERS BRANCH LIBRARY AND TENNIS COURTS - AWARD OF CONTRACT (C- 3496). Public Works Director Badum stated that the proposed action is the result of approximately three years of work. The project is a joint project between the Newport -Mesa Unified School District, the City and the community. He provided a brief background on the project, as outlined in the staff report. Public Works Director Badum noted that the cost of construction products has risen significantly and the bid price received was 14% over what was anticipated and 20 to 25% over the original grant figure. This has resulted in a $1.4 million deficit, which is reflected in the proposed budget amendment. Public Works Director Badum noted that the City is paying for 25% of the project, grants are covering 50% of total and private contributions are paying the remaining 25 %. Council Member Heffernan stated that the project provides an example of how a small cost overrun can multiply. He explained that the City was expected to pick up the shortfall, but that this shortfall amount has increased considerably. City Manager Bludau agreed that the process was lengthy and that it was, in part, due to the State review and processing. In response to Council Member Nichols' question, City Manager Bludau stated that the school district has not committed any funds to the project, but they were instrumental in the grant application process because a joint use library is looked at more favorably. Mayor Pro Tem Webb agreed that one of the reasons that the City received the grant from the State was because the library was for joint use. He further explained that the library will be on City property, but closely abuts school district property. He stated that it's a new concept and provides an opportunity for the youth in the community to learn what the resources of at library are. Motion by Mayor Pro Tern Webb to 1) approve the plans and specifications; 2) award the contract (C -3496) to Howard S. Wright Construction Co. for the total bid price of $5,490,000 and authorize the Mayor and the City- Clerk to execute the contract; 3) establish an amount Volume 57 - Page 23 INDEX C -3496 Donna & John Crean Mariners Branch Library and Tennis Courts (38 /100 -2005) City of Newport Beach City Council Minutes January 11, 2005 of $125,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (05BA -036) increasing revenue estimates by $155,043 in the Mariners Library Fund to reflect transfers in from the Ackerman Fund and Helen Russell Trust, appropriating $162,817.78 from the Mariners Library Fund Balance, 450 -3605, to account 7451- C5100661, and appropriating $1,312,938.32 from the General Fund Unappropriated Reserves, 010 -3605, to account 7011- C5100661. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 22. PLANNING PROCESS FOR FUTURE USE OF MARINA PARK. City Manager Bludau stated that Measure L on the November 2, 2004, ballot asked the voters whether they wanted to amend the general plan to allow a 110 -room hotel on the Marina Park site. The measure was defeated overwhelmingly. He noted, however, that the measure did not ask the citizens what they did want on the property. At the direction of the City Council, staff discussed the process that could be used to plan for the future use of the site. City Manager Bludau stated that the City Council has been successful in dealing with land use issues by forming committees that include council members, members of boards and commissions, and community citizens. He stated that staff is recommending that this same type of mechanism be considered for the Marina Park site. Specifically, he suggested that a City Council /Citizens Ad Hoc Committee be formed that would include three council members, three members of the public, two harbor commissioners, two planning commissioners, one parks, beaches and recreation commissioner and one GPAC member. He displayed a proposed list of the committee's responsibilities, and outlined the information that was contained in the staff report. In closing, City Manager Bludau thanked Assistant City Manager Wood, Assistant City Manager Kiff, City Attorney Clauson, Public Works Director Badum, and Recreation & Senior Services Director Knight for their contributions to the lengthy staff report. Mayor Bromberg noted that the recommendation from staff is to form two committees, one as outlined by the City Manager and another one comprised of three council members to work on the tidelands boundary issue with the State Lands Commission and the potential closure of the mobile home park. Mayor Bromberg recommended that the ad hoc committee membership include up to five members of the public, instead of the three recommended by staff. He stated that the vote of the people mandated that there should not be a hotel on the site, but it did not mandate that there should be a park. He stated that in order for the committee to succeed, it must be professional, above board, free of election rhetoric and propose several alternatives for the site, not just one. Volume 57 - Page 24 INDEX (100 -2005) City of Newport Beach City Council Minutes January 11, 2005 INDEX Mayor Bromberg stated that when the actual appointments to the committee are made, he'll be recommending that three of the public members come from the peninsula, where the Marina Park site is located. For this reason, he contacted Louise Fundenberg, the Pier to Pier President, and asked her for suggestions on potential committee members. Mayor Bromberg stated that he'd also like to see a representative from the Peninsula Point area on the committee and that he invited Tom Billings of Protect Our Parks to be on the committee. For personal reasons, Mr. Billings declined the offer. Mayor Bromberg stated that there would always be a spot for him. Mr. Billings submitted names and suggested that a representative from Protect Our Parks serve on the committee. Mayor Bromberg stated that he doesn't want to put organizations on the committee, he wants to put individuals on the committee, but is considering the suggestions from Mr. Billings. Mayor Pro Tem Webb stated that both sides of Measure L seemed to agree that the mobile home park should be closed. He suggested that the process begin by adding a "whereas" to the two resolutions being considered at the current meeting that would, in effect, say that the City Council desires to take the legally required measures to close the existing mobile home park. He explained that this would make sure that the intent of ultimately closing the mobile home park is recognized. Council Member Ridgeway stated that this would take away some of the authority of the proposed committee. He stated that it would be more appropriate for the resolution to read that recommendations from the committee could come piecemeal. City Manager Bludau noted that the resolution wording would not need to be changed to accommodate Council Member Ridgeway's suggestion. Council Member Heffernan stated that he wants to make sure that the committee doesn't get bogged down, and agreed that the first issue that the committee needs to address is the closure of the mobile home park. Mayor Bromberg emphasized that the members of the ad hoc committee need to work together and figure out what the best use of the property is for the City. Robert Walchli disagreed with Council Member Heffernan's comments and stated that the committee needs to take all the time that it needs. Mr. Walchli expressed his understanding that Council Member Ridgeway, Mayor Pro Tem Webb and Mayor Bromberg are being considered as the three council members to serve the ad hoc committee. He stated that he agrees with Council Member Ridgeway being appointed because the Marina Park site is within his district, but feels that Council Member Rosansky should serve on the committee instead of Mayor Bromberg because his district is next door. Additionally, Mr. Walchli suggested that Seymour Beek serve on the committee as one of the representatives from the Harbor Commission and that the public membership be increased to ten. Mr. Walchli agreed that a representative from Protect Our Parks should serve on the committee, as well as a representative from Greenlight, one from each of the districts and a representative who lives within a couple of blocks of the Marina Volume 57 - Page 25 City of Newport Beach City Council Minutes January 11, 2005 INDEX Park site. He stated that this would provide a wider range of viewpoints. Lastly, Mr. Walchli stated that there is no reason why the use of the site couldn't be restricted to residents of Newport Beach. Tom Billings, Protect Our Parks, stated that everyone agrees that the mobile home park should be closed. He stated that a majority of the voters on November 2, 2004, voiced their opinion that the site should remain as public parkland and not commercialized. He provided a handout, which listed his suggestions for the makeup of the committee. Mayor Bromberg expressed his appreciation for the work done by the No on L proponents, but stated that the appointments are up to the City Council. Dr. Jan Vandersloot stated the voters made it clear that they wanted the site to remain public parkland. He agreed that the public membership should be increased, as suggested by Mayor Bromberg, but felt that people who don't live on the peninsula should also be included on the committee. He explained that the site belongs to all of the residents of Newport Beach. Dr. Vandersloot agreed with Mayor Pro Tem Webb's comments that the decision on the closure of the mobile home park should be made right away. He noted that the renters at the park are paying reduced rents. Dr. Vandersloot also expressed his support for a small boating facility on the site. Mayor Bromberg stated that there will be a lot of opinions and differences on how to structure the committee. He assured Mr. Walchli that the process would not be rushed. Jim Hildreth apologized for being late and asked for the attentiveness of the council members. He referred to the staff report and the information on what used to be on the site. Mayor Bromberg assured him that he had the attentiveness of the council members and asked him to remain on topic. Mr. Hildreth stated that the voters only voiced their opinion that they didn't want a hotel on the site. They did not state that they wanted the mobile home park to be closed. He suggested that people with boats serve on the committee too and stated that there are still issues that need to be addressed. Allan Beek agreed that there is a great diversity of views on what should be done with the Marina Park site and who should serve on the committee. He suggested that it isn't necessary to determine whether the site is tidelands or not, because. something compatible with the tidelands will be done on the site anyway. Further, he stated that it is going to take a considerable amount of time to reach consensus on what will go on the site and to complete the process. Additionally, funds will be needed. For these reasons, Mr. Beek suggested that the tenants at the mobile home park be offered a fixed period of time, possibly seven years, to vacate. He stated that this would avoid relocation expenses and lawsuits, and provide revenue while a decision on the site is being made. Mr. Beek Volume 57 - Page 26 City of Newport Beach City Council Minutes January 11, 2005 INDEX expressed his opinion that it would be inappropriate to place a council member on the committee that wrote an argument in support of a hotel at the site, but did agree that the public membership should be increased. Pat Beek expressed her opposition to having three council members on the ad hoc committee. She stated that one council member could serve on the committee, and report back to the other committee or the City Council. She stated that the ad hoc committee should be run efficiently, and all ideas should be heard and reported. In regard to public members from the peninsula only, Ms. Beek expressed her opinion that anyone on the committee would be respective of their responsibilities and do the best job that they could. Council Member Daigle asked for an elaboration of the second procedure listed in the staff report for the proper closure of the mobile home park. City Attorney Clausen stated that the purpose of the procedure is to provide advance notice of tenancy termination. There are two time periods presented, one which would be used if the change of use for the site has been chosen and one if it has not. Council Member Rosansky suggested that the public membership of the committee include someone from the West Newport Beach Association. Secondly, he agreed with Mr. Beek's comments about the closing of the mobile home park, and stated that mandating a closure at the current meeting would be inappropriate. He suggested that the issue of closing the mobile home park and any related be handled by the committee. Mayor Pro Tern Webb stated that it is clear that the mobile home park will be closed and still felt that a "whereas" should be added to the resolutions. He stated that he doesn't like the idea of giving up the revenue from the rentals, but also feels very strongly that the citizens of the community will not fully recognize the benefits of the site until it is cleared, and they can walk across it and see it. Motion by Mayor Pro Tern Webb to adopt Resolution No. 2005 -4 establishing the City Council /Citizens Ad Hoc Committee for Marina Park Planning and Resolution No. 2005 -5 establishing the City Council Ad Hoc Marina Park Committee, both amended to recognize the City's desire to close the mobile home park once all legal measures to do so are met. Mayor Bromberg stated that Council Member Ridgeway isn't necessarily disagreeing with Mayor Pro Tern Webb's suggestion, he's only recommending that it be handled through the process. Council Member Nichols expressed his agreement with Mr. Beek's idea to extend the lease while it is being determined what to do with the site. He stated that he believes that the tenants should be charged rents that are proper and that he hasn't seen a consensus by the community to close the mobile home park. Council Member Daigle expressed her support for the formation of a committee that will determine a new vision for the site and a plan to Volume 57 - Page 27 City of Newport Beach City Council Minutes January 11, 2005 INDEX implement that vision, but that she can't support terminating the current land use prior to this being done. She felt that the process will take years and it would be premature to terminate the existing use. Council Member Rosansky agreed and pointed out that the land use element and the local coastal plan both specify that the existing mobile home park use will be allowed to continue until the end of the existing lease, at which time, the City could decide whether to extend the lease or convert the site to public use. He stated that there are options that need to be considered by the committee. Council Member Heffernan noted that the value of the property was at one time determined to be $20 million. He stated that the mobile home park tenants are no different than the people who would pay for a hotel room, in that both are being given the exclusive right to take over a public asset for their sole and exclusive use. He stated that the citizens voted for a public use at the property. He agreed with Mayor Pro Tem Webb's recommendation. City Attorney Clauson suggested that a "whereas" could be added to the resolutions that states that the City Council does not desire the property to remain permanently as a mobile home park. The council committee would then review the various issues associated with the closure and come back to the City Council with a recommendation to close the park. City Manager Bludau noted that when a resolution is adopted by the City Council to establish a committee, it usually determines the representation and responsibilities of the committee, but it does not establish a policy that would prevent the committee from dealing with an issue. He stated that the recommendation by Mayor Pro Tem Webb would deviate from this past practice. Council Member Heffernan stated that the proposed committee is in response to what the voters stated they wanted. He stated that the committee should be given direction and purpose, and action should be taken. Mayor Pro Tem Webb stated that he could accept the recommendation of the City Attorney. Council Member Ridgeway confirmed with the City Attorney that Mayor Pro Tem Webb's motion would require the resolutions coming back to the City Council at a future meeting, since the action is different than that agendized. Council Member Ridgeway stated that there shouldn't be a rush to judgment and the process should be allowed to work. Substitute motion by Council Member Ridgeway to 1) adopt Resolution No. 2005 -4 establishing the City Council /Citizens Ad Hoc Committee for Marina Park Planning, as amended to increase the public membership to up to five individuals; and 2) adopt Resolution No. 2005 -5 establishing the City Council Ad Hoc Marina Park Committee. Volume 57 - Page 28 City of Newport Beach City Council Minutes January 11, 2005 The substitute motion carried by the following roll call vote: Ayes: Rosansky, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: Heffernan, Webb Abstain: None Absent: None Mayor Bromberg stated that he will submit his appointments to the City Clerk and the City Council will confirm those appointments at their regular meeting on January 25, 2005. 524. APPOINTMENT TO CITY CENTENNIAL 2006 COMMITTEE. Motion by Mayor Pro Tern Webb to appoint Bill Finster to the City Centennial 2006 Committee to replace William Dean who resigned January 4, 2005. Mayor Pro Tem lVebb stated that Mr. Finster resides in the Newport Coast area and explained that it would be good to have representation from that geographical area. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Mayor Bromberg recessed the meeting at 9:34 p.m. and reconvened the meeting at 9:47 p.m. with all council members present. O. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. REVISED RESOLUTION FOR AN URBAN STREAMS RESTORATION GRANT FOR TWO BUCK GULLY STABILIZATION PROJECTS. Council Member Nichols requested an explanation of the project. Public Works Director Badum stated that staff has found out that there is an opportunity for additional funds and has also come to the realization that some type of detention facility will need to be built in Buck Gully. He confirmed that there are two basins, one upstream of Coast Highway and one downstream of Coast Highway, and that the facility would help to filter the runoff, as well as allow it to soak into the ground. Motion by Council Member Ridgeway to 1) rescind Resolution No. 2004 -97 endorsing the application for an Urban Streams Restoration Grant; and 2) adopt Resolution No. 2005 -2 endorsing the revised application for an Urban Streams Restoration Grant. The motion carried by the following roll call vote: Volume 57 - Page 29 INDEX (100 -2005) (100 -2005) City of Newport Beach City Council Minutes January 11, 2005 Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None STORM DRAIN DIVERSIONS SUPPORT SERVICES - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. Council Member Nichols requested an explanation of the project. Public Works Director Badum stated that the amendment expands the scope of the agreement to include the Upper Bay and some other locations. Council Member Ridgeway stated that by expanding the area and gaining an understanding of the magnitude of the problem in the Upper Bay, expensive diversion programs might be avoided. Council Member Rosansky asked for an explanation on the difference between two - dimensional and three - dimensional modeling. After a brief discussion, City Manager Bludau stated that he would obtain the answer from the consultant or staff, and get back to Council Member Rosansky. Motion by Council Member Ridgeway to approve an increase in the scope of work for Everest International Consultants' (Everest) Professional Services Agreement in the amount of $29,500 to extend the existing two - dimensional hydrodynamic model for Newport Harbor into upper Newport Bay. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 14. COMMENTS ON ORANGE COUNTY SANITATION DISTRICT DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) ON NEWPORT TRUNK SEWER AND FORCE MAINS REPLACEMENT. Mayor Pro Tem Webb referred to the draft letter and suggested that on page one, under biological resources, the paragraph end after, "...that would result from the Alternative 1 alignment ". He explained that the alignment that is being recommended is along an existing utility easement and roadway that's been there for approximately 70 years, and that a problem related with the salt marsh would be unlikely. He stated that the City should not ask other agencies to provide mitigations in excess of what is actually required. For the same reason, he suggested that on page three, under conclusion, the last sentence also be removed. Volume 57 - Page 30 INDEX C- 3485(A) Storm Drain Diversions Support Services (38/100 -2005) (100 -2005) City of Newport Beach City Council Minutes January 11, 2005 Motion by Mayor Pro Tern Webb to approve and authorize the Mayor to send comments on the Draft EIR, as modified above. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None P. MOTION FOR RECONSIDERATION — None. Q. ADJOURNMENT — 9:57 p.m The agenda for the Regular Meeting was posted on January 5, 2005, 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 January 7, 2005, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Volume 57 - Page 31 INDEX City of Newport Beach City Council Minutes January 11, 2005 INDEX THIS PAGE LEFT BLANK INTENTIONALLY Volume 57 - Page 32