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HomeMy WebLinkAbout01/10/2006 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 10, 2006 — 7:00 p.m. STUDY .SESSION - 5:00 p.m. CLOSED. SESSION - 6:05 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Absent: Council Member Nichols C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Heffernan Council Member Nichols joined the meeting at 7:03 p.m. E. INVOCATION - Rabbi Marc Rubenstein, Temple Isaiah F. PRESENTATIONS Recreation & Senior Services Director Knight acknowledged Tom Grogg for designing the Centennial colored logo. Mayor Webb presented a proclamation and gift to Mr. Grogg recognizing his community service. Orange County Superior Court Judge Steve Bromberg, member of the Newport Beach 1st Battalion, Ist Marines Adoption Committee, stated that Sergeant Major Rafael A. Ventura is retiring after 27 years of service. He presented a gift on behalf of the Committee. Mayor Webb presented a proclamation to Sergeant Major Ventura recognizing his long and dedicated service with the United States Marine Corps and the United States Naval Service. A bagpipe rendition of the Marine's Hymn followed. Coach Bill Sumner introduced the members of the Corona del Mar High School Girl's Cross Country Team. Mayor Webb presented a proclamation to the team proclaiming January .11, 2006, as Corona del Mar High School Girl's Cross Country State Championship Day. 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 (NO.N- DISCUSSION ITEM): Council Member Heffernan provided a summary of the laws that became effective Volume 57 - Page 507 City of Newport Beach City Council Minutes January 10, 2006 January 1, 2006, pertaining to young adalt drivers. Council Member Daigle stated that she has been working with the Santa Ana Heights Project Advisory Committee on the City's first horse riding arena, and announced that it will open on May 6, 2006. She invited the public to attend the opening. Council Member Ridgeway announced that the Southern California Association of Governments (SCAG) annual report on the state of the Southern California region was recently issued. He stated that report is available on the SCAG website at www,scag.ca.gov. Council Member Ridgeway announced that the Orange County Marathon was held on January 8, 2006, with 11,000 to 12,000 participants. He stated that the event was successful and will be held again next year. Mayor Webb announced that there are 233 days until the City's 100th birthday. He and Mayor Pro Tern Rosansky both modeled the attire that they wore on the City's float in the Rose Parade on January 2, 2006. Mayor Webb reported that the City's float won the Lathrop K. Leishman Award, which is given to the most beautiful entry by a non- commercial sponsor_ Mayor Webb requested that a relaxing of the City's street tree list be addressed with the Parks, Beaches & Recreation Commission. He specifically noted that he'd like additional options to the Hong Kong Orchid for Coast Highway, adjacent to Cameo Shores and Cameo Highlands. Council Member Ridgeway requested that a report on the synchronization of the City's traffic signals be presented at the next City Council meeting. L CONSENT CALENDAR READING OF.MIN..UTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING OF DECEMBER 7, 2005, AND THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF DECEMBER 13, 2005. 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. ORDINANCES FOR ADOPTION 3. AMENDING NEWPORT BEACH MUNICIPAL CODE 10.50.020, OFFENSES AND NUISANCES TO ADDRESS PROPERTY MAINTENANCE STANDARDS. [100 -20061 Adopt Ordinance No. 2005 -22. RESOLUTIONS. FOR ADOPTION 4. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2006 UNDER THE CITY S CONFLICT OF Volume 57 - Page 508 City of Newport Beach City Council Minutes January 10, 2006 INTEREST CODE. [661100 -20061 Adopt Resolution No. 2006 -1 adopting the 2006 Designated Employees List. CONTRACTS AND AGREEMENTS 5. 44TH STREET TIDE VALVE REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3717). [381100 -20061 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve the appropriation of $58,000 to the Tidal Valve Replacement Program (Account No. 7231- C3170722) from Tidelands unappropriated surplus fund balance. 6. BALBOA ISLAND BAYFRONT REPAIRS - REJECT ALL BIDS FOR CONTRACT (C- 3796). 1381100 -20061 Item continued to January 24, 2006. NEWPORT SHORES PAVEMENT REHABILITATION - AWARD OF CONTRACT (C- 3721). [381100 -20061 1) Approve the plans and specifications; 2) award the contract (C -3721) to Excel Paving Company for the total bid price of $1,486,938 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $100,000 to cover the cost of unforeseen work; and 4) approve budget amendment (06BA- 034) transferring $27,000 from the Sewer Main Account (7531 - 05600292), $37,000 from the Water Main Account (7501- C5500074), $230,000 from the Newport Heights, Cliffhaven and Seawind Account (7281- C5100782), and $144,500 from the Gas Tax Street and Bikeway Improvement Account (7181- C5100302), and increasing revenue estimates and expenditure appropriations by $254,638 in the Traffic Congestion Account (7191-05100769). 8. WEST NEWPORT & MARINE AVENUE STREET LIGHT REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3697). [381100 -20061 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Iabor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 9. PROFESSIONAL SERVICES AGREEMENT WITH HOGLE- IRELAND, INC. FOR EVALUATION OF DEVELOPMENT REVIEW AND PLAN CHECK PROCESS (C- 3823). [381100-200611) Approve a budget amendment (06BA -040) transferring $40,000 from unappropriated general fund reserve to the City Manager's professional and technical services account, 0310 -8080; and 2) approve the Professional Services Agreement with Hogle- Ireland, Inc., and authorize the Mayor and City Clerk to execute the agreement. Volume 57 - Page 509 City of Newport Beach City Council Minutes January 10, 2006 10. TEMPORARY EMPLOYMENT AGREEMENT WITH LAURA LEVIN (C- 3824). [381100 -2006] 1) Approve Temporary Employment Agreement with Laura Levin and authorize the Mayor and the City Clerk to execute the Agreement; and 2) approve payment of services from the Professional and Technical Services Account No. 2710 -8080 through the term of the agreement ending June 30, 2006- 11. APPROVAL OF DONOR AGREEMENT TO INCLUDE NAMING RIGHTS FOR NEWPORT CENTER PARK AND FUNDING PARK CONSTRUCTION SHORTFALL (contd. from 12/13/05). [100 -2006] Continue to a future meeting. MISCELLANEOUS ACTIONS 12. ACCEPTANCE OF U.S. DEPARTMENT OF JUSTICE COPS 2005 TECHNOLOGY GRANT. [100 -2006] 1) Accept for administrative purposes, the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) 2005 Technology Grant Award in the total amount of $246,661 for the Orange County Integrated Law and Justice Project; 2) approve a budget amendment (06BA -036) increasing revenue account 1820 -4824 and expenditure account 7017- CI820882 by $246,661 to facilitate the administration of these grant funds on behalf of all municipal police departments and the Sheriffs Department in Orange County; and 3) authorize the City Manager and the Chief of Police to sign the Grant Document accepting the Grant Award. 13. ADOPTION OF STANDARDS FOR INSTALLING DETECTABLE WARNING SURFACES FOR CURB ACCESS RAMP CONSTRUCTION WITHIN THE PUBLIC RIGHT -OF -WAY. [100- 2006] Adopt the updated Curb Access Ramp Standard Plan Nos. STD - 181-L-A, STD- 181 -L -B, STD- 181 -L -C, and the new STD - 181 -L -D to include State of California Department of Transportation Standards relating to the installation of curb ramp detectable surfaces, more commonly known as raised truncated domes. 15. ACCEPT DONATED FUNDS AND PURCHASE A VAN FOR THE POLICE EXPLORER PROGRAM. [100 -2006] 1) Accept donation to the Police Equipment Fund for the purchase of a 15- passenger, 2006 Chevrolet van as a City vehicle to be utilized by the Police Explorer Scout Program; 2) approve the purchase of the vehicle; and 3) approve a budget amendment (06BA -038) increasing revenue estimates and expenditure appropriations by $33,000 related to the above - referenced donation. 16. APPROVAL FOR THE PURCHASE OF SELF CHECK -OUT EQUIPMENT FOR THE CENTRAL LIBRARY. [100 -2006] Approve the purchase and installation of three (3) self check -out units from Libramation for the Central Library in the amount of $43,247. 17. COMMENTS ON DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) FOR IRWD'S MICHELSON RECLAMATION PLANT PHASE 2 AND 3 CAPACITY EXPANSION PROJECT. [100 -2006] Approve and authorize the Mayor to sign comment letter, as amended by EQAC. Volume 57 - Page 510 City of Newport Beach City Council Minutes January 10, 2006 Public Works Director Badum provided clarification for Council Member Nichols on Item Nos. 5 and 6. Motion by. Mayor Pro Tem Rosansky to approve the Consent Calendar, expect for the item removed (Item No. 14); and noting the continuance of Item No. 6 and the amendment to Item No. 17. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Motion by Council Member Ridgeway to take Item Nos. 14 and 21 out of order. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 14. 2006 JUNIOR LIFEGUARD PROGRAM. (100 -2006] Fire Chief Riley provided background information on the recommendation being made by staff, and summarized the benefits of having a two four -week program. He provided additional detail for Council Member Nichols on the recommended change to staffing. Lifeguard Captain Reeme Boyer announced that the two four - week junior lifeguard sessions, recommended in Item No. 14, would be taking place June 26 through July 21, 2006, and July 24 through August 16, 2006. Nancy Bell stated that she has a son who has participated in the program for three years, and expressed her opposition to reducing the program from eight weeks to four weeks. Sue Willett stated that she also has children participating in the program and expressed her opposition to reducing the length of the program. Bonnie Nolan questioned why there is a need to increase the participant count in the program. and asked where the equity was by creating capacity for the non- residents at the expense of the residents. Fire Chief Riley responded to the questions of the speakers, and noted that no Newport Beach residents were turned away last year, but that there is an obligation to accommodate non - residents as well. He assured the City Council that the quality of the program would be maintained. Motion_by Council Member Ridgeway to 1) approve the two four -week City of Newport Beach Junior Lifeguard Program; and 2) approve a budget amendment (06BA -041) to establish new revenue and expenditure amounts to support the new program design. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tern Volume 57 - Page 511 City of Newport Beach City Council Minutes January 10, 2006 Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols J. PUBLI_.0 HEARINGS 21. MASTER FEE RESOLUTION. [100 -20061 Revenue Manager Everroad explained the fee changes being recommended Council Member Daigle noted that the fees are being based on a 1994 study and recommended that a new study be conducted. City Manager Bludau agreed that a new study should be done. Council Member Selich received clarification from Revenue Manager Everroad and Assistant City Manager Wood regarding the intent of the in -lieu parking fee. Mayor Webb opened the public hearing. Hearing no testimony, Mayor Webb closed the public hearing. Motion_ by.__Col ncil Member Ridgeway to adopt Resolution No. 2006 -4 updating the Master Fee Schedule. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 18. BAYSIDE RESIDENTIAL PLANNED COMMUNITY - 919 BAYSIDE DRIVE (PA2004 -072) (contd. from 12/13/05). [100 -20061 David Lepo, Contract Planner, summarized the information contained in the staff report and noted that the property is bordered by the Promontory Channel on the west and the North Channel of Newport Bay on the south. He added that there is currently a ten -foot wide public access easement that extends from Bayside Drive, along the Promontory Channel, to a gangplank that accesses 34 private boat slips on the bay. He also summarized some of the discussions of the Planning Commission and noted that the most significant item regarded appropriate public access to the waterfront. The existing easement includes a six -foot wide walkway and four feet of landscaping. The gangplank and floating walkway, accessing the boat slips, are six feet wide. The Planning Commission recommended that an irrevocable offer to dedicate be required of the applicant for landbased access to the waterfront, in case the landbased option becomes necessary due to either the waterbased access becoming unavailable or a change to the adjacent property that would allow for a continuous landbased walkway. Using a PowerPoint presentation, Carol McDermott, Government Solutions, representing the applicant, noted that the Planning Commission did recommend approval the project with a number of conditions. She displayed an aerial photo of the project site, as well as site plans, and highlighted the enhancements and improvements that would be made to the existing walkways. She noted that all public access policies are being complied with and existing waterfront public access would be improved. Additionally, she noted that the project creates no Volume 57 - Page 512 City of Newport Beach City Council Minutes January 10, 2006 adverse impacts that would warrant a requirement for access to be dedicated on land, and explained some of the reasons why landbased access would be difficult to implement. Ms. McDermott displayed photos of the existing walkways and, in conclusion, asked the City Council to approve the recommendation of the Planning Commission. In response to Council Member Heffernan's question, Ms. McDermott confirmed that the tenant is the applicant and has the support of the fee owner, and it is known that the ground lease would be extended to 80 years if the project is approved. She further confirmed that the property values would be affected if landbased access is required. In response to Mayor Pro Tem Rosansky's questions, City Attorney Clauson explained that the City Council needs to determine how reasonable waterfront access should be provided. She stated that support can be given for either the proposed, alternative waterbased access over City tidelands or the landbased access on the applicant's property. She noted that the applicant would be required to obtain a City- issued permit to operate the dock and walkway, if the waterbased alternative is chosen. City Attorney Clauson listed some of the other conditions being required of the applicant. Planning Director Temple confirmed that staff did not make a specific recommendation to the Planning Commission, and could site advantages to either type of access. City Attorney Clauson provided additional clarification and information. In response to Council Member Daigle's question, Senior Planner Alford stated that one of the overriding principles of the Coastal Act is to maximize the public's access to the shoreline, but it does also take private property rights into consideration. In response to Mayor Pro Tem Rosansky's question, Planning Director Temple stated that signage would be a primary way to promote the public's use of the walkway. Council Member Daigle confirmed the length and width of the proposed walkway. Council Member Heffernan noted that the study done for Mariners Mile is suggesting a bulkhead type walkway, and asked why a floating one is not being considered since it is less costly. It was explained that the Mariners' Mile and Bayside Drive projects are different for a number of reasons. Mayor Webb opened the public hearing. Hearing no testimony, Mayor Webb closed the public hearing. Council Member Selich expressed his concern for two issues, which included the waterfront access and the distance of the perimeter wall. In regard to the wall, he suggested that Condition No. 33 be amended to require a six -foot wide landscape setback behind the sidewalk, instead of a four -foot one. Secondly, he displayed a revised Exhibit B, which showed his recommended changes to the public access. These included the requirement for landbased access, ten -foot wide walkways, the addition of a perpendicular ramp to the existing walkway in front of the adjacent property for the non - handicapped and the addition of security gates for the private boat slips. Council Member Selich displayed a cross section of lots three through nine to illustrate that there is not a privacy issue for the Volume 57 - Page 513 City of Newport Beach City Council Minutes January 10, 2006 property owners with the landbased access and that LCP Policy 3.1.1 -13 would also be complied with. He displayed photos of the current walkways and existing conditions to illustrate his recommendations and highlight his reasons for supporting the landbased access as the superior access. He stated that the landbased access is required by the LCP, will reverse the adverse impacts created previously and correct mistakes made in the past, and will provide the best possible access. He stated that the floating walkways will have the obstructions inherent in marinas, and that they also have maintenance problems and are unstable. He again noted that a six -foot walkway is not wide enough and that there will not be a privacy issue for the homeowners with the landbased access. In regard to the argument that property values would be diminished by the landbased access, Council Member Selich pointed out that the recommended rezoning will benefit the homeowners by allowing higher height limits on their homes. In conclusion, he stated that the best possible public access is a ten -foot wide walkway on the land. Motion by. Council Member Selich to adopt the Resolution adopting Mitigated Negative Declaration (SCH No. 2005 - 061019) and Mitigation Monitoring and Reporting Program, approving Tentative Tract Map 2004 -001 (Tract 15323), and approving Coastal Residential Development Permit. No. 2005 -001 for property located at 919 Bayside Drive, as amended to modify Condition Nos. 10, 24, 33 and 34 and add Condition No. 98, and add the three findings, as prepared by the City Attorney, supporting landbased access; and introduce the Ordinance approving Code Amendment No. 2005 -07 and adopting the Bayside Residential Planned Community, and pass to second reading on January 24, 2006. Council Member Ridgeway expressed his disappointment with the presentation made by Council Member Selich. He outlined his reasons for supporting the recommendation of the Planning Commission and the waterbased access, as proposed. These included the adequacy of six -foot wide walkways and their use throughout the City, the existing conditions that cannot be changed, the use of a concrete dock, and the unique opportunity for public access to the waterfront. He concurred with the modifications to Item No. 33, as presented by Council Member Selich. Substitute motion by Council Member to adopt the Resolution adopting Mitigated Negative Declaration (SCH No. 2005 - 061019) and Mitigation Monitoring and Reporting Program, approving Tentative Tract Map 2004 -001 (Tract 15323), and approving Coastal Residential Development Permit No. 2005 -001 for property located at 919 Bayside Drive, as amended to modify Condition No. 33; and introduce the Ordinance approving Code Amendment No. 2005 -07 and adopting the Bayside Residential Planned Community, and pass to second reading on January 24, 2006. Council Member Nichols stated that another alternative, T- piles, should be considered, which would be possible due to the height of the bulkheads and would allow for the pier to go along the present concrete. He expressed his support for six -foot wide walkways and stated that they are adequate for walkers. Council Member Nichols stated that his suggestion would provide the desired public access to the waterfront, while creating a private lower dock and protecting the privacy of the homeowners. Volume 57 - Page 514 City of Newport Beach City Council Minutes January 10, 2006 Mayor Pro Tem Rosansky stated that the item should possibly be continued. He expressed his support for various aspects of both motions, but stated that he still has some questions regarding the legal issues. City Attorney Clauson stated that the City Council could find evidence that the project causes an adverse impact due to the waterfront public access not being provided on the property. Council Member Ridgeway disagreed and stated that the issue is public access, not what type or where. In response to Council Member Daigle's question, City Attorney Clauson agreed that the City does not have to require that the access be on the land, but could require that it be on the property, but added that access off of the property might be determined as reasonable by the City Council. In response to Council Member Nichols' question, City Attorney Clauson stated that a T -based design could potentially be within the property line, but would not be on the land. Senior Planner Campbell provided additional clarification on the property line. City Attorney Clauson noted that Council Member Nichols' suggestion is very expensive. In summary, City Attorney Clauson stated that she is comfortable with the findings that support a landbased access determination by the City Council, as proposed in Council Member Selich's motion, and that she is also comfortable with the recommendation of the Planning Commission. Council Member Rosansky stated that the floating dock could be made usable, but that it does suffer many defects. He agreed that signage would help promote the use of the walkway, but stated that there may be other options to consider and the situation may change in the future. A general discussion followed regarding the use of signage and promoting the public's use of the walkway, and the opportunities to possibly connect the walkway to the Balboa Island bridge in the future. Ms. McDermott stated that the applicant could agree to a continuance of the item, if necessary, and that the ten -foot width could also be agreed to with the irrevocable offer to dedicate without improvements to the land, if it would mean that the decision would be made by the City Council at the current meeting. Mayor Pro Tem Rosansky expressed support for exploring options with the applicant. Substitute ..to the .._ sub stitute .mo..tion.._by..Mayor. Pro Tem Rosansky to continue the item to the City Council meeting of January 24, 2006. Amended _.substitute ._motion ._by_. Council ...Member_.Rid eway to add the requirement that the walkways be ten feet in width. City Attorney Clauson added that the additional width to the dock would require additional study in regard to the environmental document, since the environmental document examined the dock at a six -foot width. This could result in the dedication on the land being required if the City Council requires a ten -foot wide walkway and it is not approved. Amended _substitute .Jo... the_. substitute- ._motion _ by_.-Mayor Pro...-Tem Rosansky to continue the item to the City Council meeting of February 14, 2006. The amended substitute to the substitute motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Volume 57 - Page 515 City of Newport Beach City Council Minutes January 10, 2006 Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Mayor Webb recessed the meeting at 10:00 p.m., and reconvened at 10:05 p.m. Council Member Heffernan left the meeting at 10:00 p.m. 19. SANTA BARBARA CONDOMINIUMS - 900 NEWPORT CENTER DRIVE (PA2004 -169) (LENNAR HOMES) (contd. from 11/22/05 & 12/13/05). [100- 2006] Associate Planner Ung summarized the information contained in the staff report, and noted that the Planning Commission approved the project with minor changes to the conditions of approval in regard to affordable housing and the environmental measures. Council Member Heffernan joined the meeting at 10 :06 p.m. Using a PowerPoint presentation, Coralee Newman, Government Solutions, representing the applicant, stated that Lennar Homes is willing to accept the conditions of approval recommended by the Planning Commission. Ms. Newman displayed aerial photos of the site, as well as site plans, and briefly discussed the various aspects of the project, affordable housing accommodations and compatibility with surrounding uses. Ms. Newman specifically noted that Lennar Homes is planning a safe community and will provide, at a minimum, the same level of safety that is currently provided with the existing nets in regard to the Newport Beach Country Club. Ms. Newman added that the applicant is willing to agree to two additional conditions for approval that would address disclosure and indemnification. Kevin Buchta, architect, MVE, displayed site plans and addressed site access and circulation. Additionally, he displayed typical floor plans of the units and artist renderings of the project's architecture. Mayor Webb opened the public hearing. Jerry Anderson, President of the Newport Beach Country Club, expressed concern for the safety hazards created by the project and the placement of high density housing in close proximity to the golf course. Using a PowerPoint presentation, Ted Robinson, golf course architect, displayed an aerial photo of the 7th hole at the Newport Beach Country Club. He overlaid safety zones and the proposed development onto the photo, and provided background information regarding the site, setbacks and golf course design. He concluded that the project's encroachment into a defined setback is a concern in regard to both safety and aesthetics. Council Member Ridgeway confirmed with City Attorney Clauson that his membership at the Newport Beach Country Club does not present a conflict of interest. In response to questions by the Council Members, Mr. Robinson stated that a golfer assumes the risk of getting hit by a golf ball when playing the game, but that a homeowner does not automatically assume this same risk. He added that Volume 57 - Page 516 City of Newport Beach City Council Minutes January 10, 2006 everything is done that can be done to insure that golf balls don't leave a golf course when the golf course is designed, but agreed that there are inherent risks and that a totally risk -free golf course cannot be designed. He stated, however, that the risk should be moderated to the greatest extent possible, and that when a golf course is designed, the neighboring uses are taken into consideration. Likewise, if those uses change, they should also adhere to the correct safety standards. Lastly, Mr. Robinson confirmed that when designed, the safety zone for a golf course is within the golf course property line. Chris Dubia, attorney representing the Newport Beach Country Club, stated that a residential project should not be built on a driving range, such as is being proposed with the subject project, and that the members of the Newport Beach Country Club have the right to enjoy their existing use of the golf course. He stated that the problem cannot be mitigated with nets or indemnities, and that the Newport Beach Country Club is concerned about the substantial risk of harm. He stated that the City should also be concerned for its liability exposure. Council Member Selich asked Mr. Dubia what legal right the golf course has to maintaining their safety zone on someone else's property, instead of redesigning the golf course. Mr. Dubia stated that they've been attempting to work this out with the applicant. Bill Gunderson, General Manager of the Newport Beach Marriott, noted that the project site has had a substantial amount of customer use over the years on the tennis courts and in the adjacent areas. He stated that installing nets resolved any issues. Donna Kelly, Vice President of Community Development, Lennar Homes, stated that safety is of the utmost importance to Lennar Homes, and that they will continue to explore potential safety measures and alternate options. She requested that the City Council approve the project. Council Member Ridgeway received clarification from Mr. Buchta on the project's design and dimensions. Hearing no further testimony, Mayor Webb closed the public hearing. Motion -by ._Council .Member-Selich to approve the request by a) adopting Resolution No. 2006 -2 approving General Plan Amendment No. 2004 -005, LCP Land Use Plan Amendment No. 2005 -001, Tentative Parcel Map No. 2005 -014, Tentative Tract Map No. 2004 -004 (16774), Traffic Study No. 2005 -002, Coastal Residential Development Permit No. 2005 -004 and Mitigated Negative Declaration (SCH No. 2005 - 071067); and b) introducing Ordinance No. 2006 -1 approving Planned Community Development Plan No. 2005 -003, and passing to second reading on January 24, 2006. Council Member Selich stated that he's satisfied that Lennar Homes will take the necessary safety precautions. Council Member Ridgeway received confirmation that the developer of Sea Island paid for the reconfiguration of the 14th hole. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Volume 57 - Page 517 City of Newport Beach City Council Minutes January 10, 2006 Daigle, Council Member Nichols 20. CORPORATE PLAZA WEST, PHASE 2 (PA2005 -042); PLANNED COMMUNITY AMENDMENT NO. 2005 -001 & TRAFFIC STUDY NO. 2005- 004 - 1200 -1400 NEWPORT CENTER DRIVE (CORPORATE PLAZA WEST) - 101 -1199 NEWPORT CENTER ROAD (FASHION ISLAND). [100- 20061 Mayor Webb opened the public hearing. Hearing no testimony, Mayor Webb closed the public hearing. Motion..by.Council Member Selich to approve the requested application by adopting Resolution No. 2006 -3 and introducing Ordinance No. 2006 -2 and pass to second reading on January 24, 2006. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols K. PUBLIC COMMENTS - None L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - Item waived M. PLANNING COMMISSION_ AGENDA AND-ORAL STATUS REPORT 22. PLANNING COMMISSION AGENDA FOR JANUARY 5, 2006. [100 -20061 Item waived. N. CONTINUED BUSINESS 23. UNSCHEDULED VACANCY ON THE CIVIL SERVICE BOARD. [100- 20061 City Attorney Clauson confirmed for Council Member Ridgeway that an applicant that has served eight years previously is eligible to be appointed, if the Council determines that the policy should be waived. Deputy City Clerk Malkemus read the votes as follows: Council Members Heffernan, Selich, Ridgeway and Daigle, Mayor Pro Tern Rosansky and Mayor Webb voted for Douglas Coulter; and Council Member Nichols voted for Richard Goul. Deputy City Clerk Malkemus announced that Douglas Coulter has been appointed to the Civil Service Board for a term ending June 30, 2010. 24. COUNCIL DECISION ON WHAT PROCESS TO UTILIZE TO APPOINT MEMBERS TO THE CITY HALL SITE REVIEW COMMITTEE AND THE FACILITIES FINANCE REVIEW COMMITTEE. [351100 -20061 City Manager Bludau announced that a total of 40 applications for the two committees were received. Of these, 32 were for the City Hall Site Review Committee, eight of which also indicated that they would serve on the Facilities Volume 57 - Page 518 City of Newport Beach City Council Minutes January 10, 2006 Finance Review Committee, and eight applications were for the Facilities Finance Review Committee. He summarized his recommendation as provided in the staff report. Council Member Rosansky confirmed with City Manager Bludau that he feels that the pool of applicants is strong. City Manager Bludau added that eight to twelve people attempted to submit applications after the deadline for filing. These applications were not accepted. Mayor Webb suggested that he appoint two three - member ad hoc appointment committees. Discussion followed regarding the number of applicants the committees would recommend to the full City Council and if interviews would be conducted. Consideration was also given to not forming the committees and having the entire City Council vote from the pool of applicants. Motion, by_ Council Member Ridgeway to consider all applications at the City Council meeting of January 24, 2006, with each Council Member voting for 11 members for each committee (one vote per applicant), and the City Hall Site Review Committee being voted on first and the Facilities Finance Review Committee second. The Council Members also discussed if a time limit should be set for public comments. It was decided that a motion to do so could be made at the meeting on January 24, 2006. Council Member Selich suggested that the City Council also appoint the chairman of both committees. Amended, motion, by.._..Council_ „Member Ridgeway to consider all applications at the City Council meeting of January 24, 2006, with each Council Member voting for 11 members for each committee (one vote per applicant), and the City Hall Site Review Committee being voted on first and the Facilities Finance Review Committee second; and to also appoint the chairman for each of the two committees. The amended motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 530. REJECTION AND DENIAL WITHOUT PREJUDICE OF AN APPLICATION TO TRANSFER ADELPHIA'S FRANCHISE TO EITHER TIME WARNER OR COMCAST. [421100 -20061 Motion by Council Member. Ridgeway to continue the item to the City Council meeting of January 24, 2006. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Volume 57 - Page 519 City of Newport Beach City Council Minutes January 10, 2006 O. CURRENT BUSINESS 25. ESTABLISHING A COMMUNITY DISASTER PREPAREDNESS COORDINATOR PROGRAM. [100 -20061 Motion, b_y._ Council. Member Daigle to approve a budget amendment (06BA- 039) in the amount of $55,590 to fund a Community Preparedness Coordinator position in the Fire Department beginning April, 2006. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 26. PELICAN HILLS RESORT - PROPOSED ROAD CLOSURE AT PELICAN HILL ROAD SOUTH. [100 -20061 Mayor Webb suggested that Item Nos. 26 and 27 be discussed together. 27. PELICAN HILL ROAD GOLF CART BRIDGE ENCROACHMENT AGREEMENT. [100 -20061 Dan Miller, The Irvine Company, stated that the road would need to be closed for approximately seven months. Motion. by._ Mayor Pro Tem. Rosansky to direct staff to issue a Temporary Street Closure Permit to close Pelican Hill Road South during portions of the construction at the Pelican Hills Resort, subject to the road reopening by September 1, 2006. In response to Council Member Nichols' question, Mr. Miller stated that The Irvine Company did have discussions with the immediate, impacted residents and that there is support for the road closure. Council Member Heffernan read an email from Jerry Ross, Pelican Hill and Newport Master Association, indicating that the residents were not aware of the closure, would be inconvenienced by it and are requesting that the City not permit it. In response to Council Member Daigle's question, Public Works Director Badum stated that the delays during construction would be similar with or without a road closure. A road closure is being recommended due to safety concerns. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Motion by. _ Council. Member _- Ridgeway to approve an Encroachment Agreement with The Irvine Company for the construction and maintenance of the proposed golf cart bridge and appurtenances within the Pelican Hill Road public right -of -way and authorize the Mayor and the City Clerk to execute the Volume 57 - Page 520 City of Newport Beach City Council Minutes January 10, 2006 Agreement. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 28. GENERAL PLAN UPDATE COMMITTEE RECOMMENDATION TO RECONSIDER THE ARTS AND CULTURAL RESOURCES AND HISTORIC RESOURCES OPTIONAL ELEMENTS. [681100 -2006) Assistant City Manager Wood introduced the item by stating that it's the General Plan Advisory Committee (GPAC) that is requesting that the City Council reconsider their decision on including the two elements in the General Plan. She stated that staff is recommending that the current comprehensive update of the General Plan that is be undertaken only focus on the required elements. She noted that the optional elements can be added at anytime in the future. Motion by Mayor. Pro.._Tem..R.osanskv to reconsider the inclusion of the optional Arts and Cultural Resources and Historic Resources Elements in the General Plan. Nancy Gardner, GPAC Co- Chair, stated that the vote by GPAC to recommend that the City Council include the two elements was unanimous. Arlene Cartozian, Vice Chair, City Arts Commission, also asked the City Council to reconsider including the elements in the General Plan. Lila Crespin, President of the Newport Beach Arts Foundation and GPAC member, encouraged the City Council to include the elements in the General Plan, as written. Wendy Brooks, City Arts Commissioner, referred to the letter from Kirwan Rockefeller, Chair of the City Arts Commission, supporting the inclusion of a cultural element in the General Plan, and noted that her position is the same as Mr. Rockefeller's. Catherine Michaels, former City Arts Commissioner, stated that she authored the original drafts of both elements and is in support of the elements being included in the General Plan. In response to Council Member Selich's question, Assistant City Manager Wood confirmed that if the City Council approves the motion, the elements will need to be considered at the Study Session or Regular Meeting of January 24, 2006. Council Member Daigle asked if the policies are trying to establish a funding mechanism for public art. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Volume 57 - Page 521 City of Newport Beach City Council Minutes January 10, 2006 Noes: Council Member Nichols 29. BUDGET AMENDMENT AND PROFESSIONAL SERVICES AGREEMENT WITH M4 STRATEGIES FOR A GENERAL PLAN UPDATE PUBLIC INFORMATION PROGRAM. [681100 -2006] Motion _by.Council Mem_ber_Selich to continue the item to the City Council meeting of January 24, 2006. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Nichols Noes: Council Member Daigle P. ITEMS REMOVED FROM THE CONSENT CALENDAR - Item No. 14 (taken out of order and discussed prior to Public Hearings). Q. MOTIO. N.FOR.RECONSIDERATION - None R. ADJOURNMENT - at 11:50 p.rn. The agenda for the Regular Meeting was posted on January 4, 2006, at 2:40 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 6, 2006, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary C`�' Mayor i i / FA!, NAK City Clerk Volume 57 - Page 522