Loading...
HomeMy WebLinkAbout03/28/2006 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 28, 2006 — 7:00 pam. - 5:00 P.M. CLOSED SESSION - 6:00 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols C. CLOSED SESSION REPORT City Attorney Clauson reported that Council approved a $75,393 settlement on a property damage claim from Barry Faden relative to a sewer backup due to tree roots. D. . PLEDGE OF_ALLEGIANCE - Mayor Pro Tom Rosansky E. INVOCATION - Marianne Scott, First Church of Christ Scientist F. Newport Beach Ocean Sailing Association Presentation by Commodore plane Benson and Vice Commodore David Garcia - Commodore Benson and Vice Commodore Garcia announced that the 59th Newport to Ensenada Race will begin on April 28 and presented Council with hats. Conference & Visitors Bureau Presentation of Check for Centennial - Tom Johnson, Daily Pilot publisher and Chairman of the Board, and Gina Frye, Conference & Visitors Bureau Executive Committee, presented a $5,000 check to the Centennial Committee. Mr. Johnson also announced that a $5,000 ad was donated and placed in the Visitor's Guide, and presented each of the Council Members with a copy of the brochure. Centennial Play Presentation - Mayor Webb announced that the Newport Harbor High School Advanced Drama Class presented a play to the Newport -Mesa Unified School District elementary schools, entitled "Happy Birthday Newport Beach' that was originally written by Jett Rudder and rewritten by McCall McGregor to celebrate the City's history. He also reported that the winning posters from the poster contest will be displayed at the Nautical Museum and that a coloring book will be distributed to NMUSD students on April 30. G. NOTICE. TO THE PUBLIC Volume 57 - Page 593 City of Newport Beach City Council Minutes March 23, 2006 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 Daigle reported that she attended the Congressional field hearings for the subcommittee on aviation. She announced that Congressman Campbell supports maintaining the limits at John Wayne Airport (JWA). Council Member Curry requested that the City Attorney prepare a report for the next Council meeting relative to the status of the practice of eminent domain in California and that an ordinance be drafted which excludes eminent domain for private purposes. Council Member Ridgeway asked that the report explain Connecticut's law so the City isn't creating unnecessary legislation. Mayor Pro Tern Rosansky announced that the Newport Beach Film Festival begins on April 20 and that the Relay for Life is from 10:00 a.m. on May 21 to 10:00 a.m. on May 22. Mayor Webb announced that Council attended the Police Appreciation Breakfast last week. Mayor Webb announced that the two sessions for the General Plan Update Open House will be held on Saturday, April 1 from 9:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 4:00 p.m. at the OASIS Senior Center. Mayor Webb announced that there are 157 days until the City's 100th birthday and provided "Centennial Moments ". I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF MARCH 14, 2006. [100 -20061 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. ORDINANCE FOR ADOPTION 3. AMENDMENT TO TITLE 20 OF THE NBMC TO ADD A FIRE FACILITY ("FF) OVERLAY DISTRICT TO THE SANTA ANA HEIGHTS SPECIFIC PLAN (PA2006 -033). [100 -20061 Adopt Ordinance No. 2006 -9 approving Code Amendment 2006 -002 adding the Fire Facility ( "FF ") Overlay District to the Santa Ana Heights Specific Plan text, and applying the overlay to the proposed fire station site. RESOLUTIONS FOR ADOPTION 5. RESOLUTION PARTICIPATING IN RESOURCE PLANNING FOR THE SANTA ANA RIVER PARKWAY. 1100 -20061 Adopt Resolution No. 2006 -25 accepting a grant and relating to planning for passive recreational activities and habitat protection in and adjacent to the Santa Ana River. Volume 57 - Page 594 City of Newport Beach City Council Minutes March 28, 2006 6. RESOLUTION DECLARING THAT LOCAL COASTAL PLAN AMENDMENT NOS, 2005 -001 AND 2006 -001 ARE INTENDED TO BE CARRIED OUT IN FULL CONFORMANCE WITH THE CALIFORNIA COASTAL ACT. [100- 2006] Adopt Resolution No. 2006 -26. CONTRACTS AND AGREEMENTS 7. RELEASE OF BOND FOR STERLING BMW ON AVON STREET ROADWAY EXTENSION IMPROVEMENTS (C- 3603). [381100 -2006] 1) Accept the public improvements constructed in conjunction with Parcel Map No. 2002 -154; 2) authorize the City Clerk to release Faithful Performance Bond No. 9307867 in the amount of $15,000 for the Avon Street roadway extension public improvements; and 3) authorize a budget amendment (06BA -052) in the amount of $15,000 from the unappropriated Transportation and Circulation fund (260 -3605) to Account 7261- 05100697 to pay for the City's share of the Avon Street roadway extension work. 8. NEWPORT COAST FLOW AND WATER QUALITY ASSESSMENT - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS (C- 3748). [381100 -2006] 1) Approve a budget amendment (06BA -053) transferring $17,500 from the Newport Coast Watershed Program Groundwater Source Identification Account (7012- C5100810) to the Newport Coast Flow, and Water Quality Assessment Account (7012- C5100779); 2) transferring $7,500 from the Morning Canyon Stabilization Project (7014- C5100805) to the Newport Coast Flow and Water Quality Assessment Account (7012- C5100779); 3) transferring $13,750 from the Unapppropriated General Fund reserves to the Newport Coast Flow and Water Quality Assessment Account (7012- C5100779); and 4) approve Amendment No. 1 to the Professional Services Agreement with Weston Solutions Inc. of Carlsbad at a not -to- exceed fee of $98,750 as outlined in the staff report and authorize the Mayor and the City Clerk to execute the agreement. 9. NEWPORT COAST GROUNDWATER SEEPAGE STUDY - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TODD ENGINEERS (C- 3758). [381100 -2006] Approve Amendment No. 1 to the Professional Services Agreement with Todd Engineers of Emeryville, CA for groundwater sampling and analysis services. 11. AWARD OF CONCESSION AT CORONA DEL MAR STATE BEACH (C- 1920). [381100 -2006] 1) Select Kilmer Enterprises, Inc. as the next concessionaire at CdM State Beach based on the proposal submitted by Kilmer in response to City's recent Request for Proposals for the CdM concessionaire; and 2) authorize the Mayor to execute a Concession Agreement based on the terms attached to the staff report. 12. APPROVAL OF THE PROFESSIONAL SERVICES AGREEMENT FOR HARBOR RESOURCES PROGRAM AND PROJECT SUPPORT WITH LARRY PAUL AND ASSOCIATES (C -3832) FOR $30,400. [381100 -2006] Approve a Professional Services'Agreement with Larry Paul and Associates for $30,400 for the Professional Services Agreement term of March 28 to June 30, 2006. MISCELLANEOUS 14. MARINER'S MILE B:O.A. TEMPORARY BANNERS FOR THE CITY CENTENNIAL; REQUEST FOR EXCEPTION FROM COUNCIL POLICY K- 11. [100 -2006) Approve request by the Mariner's Mile. Business Owner's Volume 57 - Page 595 City of Newport Beach City Council Minutes March 28, 2006 Association for an exception from the specific requirements of Council Policy K -11, to allow the group to obtain a temporary sign permit. 15. ASSESSMENT DISTRICT NO. 75 (BALBOA BUSINESS DISTRICT) - AUTHORIZE PAYMENT FOR ADDITIONAL PAVING. [100 -20061 Authorize payment in the amount of $36.000 to Arizona Pipeline Company from the Assessment District No. 7 5 Construction Contingency Account, Account No. 74075- 9805, for unexpected concrete paving. 16. PURCHASE OF A VISION COVER ALL DURAWEAVE FABRIC STRUCTURE. [100 -20061 Approve the purchase of a Vision Cover -All Duraweave Fabric covered building in the amount of $27,675. 19. APPOINTMENTS BY THE MAYOR TO THE COUNCIL /CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. 1100 -2006] Confirm the appointments outlined in the staff report, but correcting the Coastal/Bay Water Quality Committee to reflect that Council Member Curry replaced Mayor Pro Tem Rosansky, not Council Member Selich. Motion by Mayor Pro Tem Rosansky to approve the Consent Calendar, except for the items.removed (4, 10, 13, 17 & 18); and noting the correction to Item 19. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols J. PUBLIC HEARINGS. 20.. APPEAL OF STAFF DECISION OF DENIAL OF SPECIAL EVENT PERMIT APPLICATION FOR KRING & CHUNG TRIATHLON. 1100 -20061 Mayor Webb noted that the City has changed since the triathlon started in 1978 and that the rules for special events try to handle and take care of the dense conditions and traffic. He emphasized that the City's concern during any event that closes public streets or uses public property is that it is conducted safely for the residents and participants, and that the residents are not unduly inconvenienced. He expressed concern about the tone of some of the correspondence he received about staff. Mayor Webb opened the public hearing. Jack Caress, Applicant and Pacific Sports President, stated that the triathlon is produced well. He referenced the letter he presented to Council which addresses the City's denial letter. He discussed how the timing of the event occurs and indicated that they could start the race at 6:30 a.m. and could erect changeable message boards earlier. He believed that stopping the event would have an economic impact for the City, the Jazz Festival and Balboa Art Walk are not impacted, his volunteers were capable and responsible during the event, they cleaned up after the event, they did not close down the transition area early, and they turned in the permit in a timely manner. Regarding their unpaid bill from the City, he explained why he felt it was not a valid expense and noted that he has paid all the other bills related to this event for the last 28 years. He stated that he is happy to have his staff meet Volume 57 - Page 596 City of Newport Beach City Council Minutes March 28, 2006 with City staff to find out how they could do a better job and that it is important to have a post event debriefing with the City to address the issues. Kyle Kring, Law Firm of Kring & Chung, noted that there are not a lot of triathlons. He presented Council with a handout and believed that there is not enough evidence to deny the permit and that few; if any, businesses or residents have complained about the event, especially since few people are at Fashion Island early in the morning. He believed that the denial is due to personality conflicts. Recreation and Senior Services Director Knight utilized a PowerPoint presentation to discuss the different types of triathlons, the triathlon's history, and the race routes. She explained that the first 2006 permit application was denied because it was incomplete and, upon notification of application deficiencies, the event organizer refused to submit the necessary documents. She added that the second 2006 permit application was denied because the road closures necessary for the proposed route were too significant, the triathlon would negatively impact residents, businesses, and visitors, two other events were already approved for the same day and would negatively impact those events, and because Pacific Sports failed to follow permit conditions in the past. She highlighted problems with previous applications and added that the 2006 application was submitted without a Traffic Control Plan (TCP) signed by a California Registered Traffic Engineer, did not address the new Senior Housing and SR -73 Freeway issues, did not have a detailed plot plan of the entire course, did not have an insurance certificate and endorsement page, did not have a vendor list, and did not provide a community notification plan. She compared this event to other athletic events that take place in the City that have more participants and no major road closures. She discussed issues that arose due to lack of volunteers, and the problems with the applicant's TCP. She noted the number of meetings staff had with Pacific Sports versus other events and the amount of staff hours used on this event, and reported that the unpaid bill has gone to collections,. City Manager Bludau stated that the City has a responsibility to implement the ordinance relative to special event permits, staff collectively feels that this event has negatively impacted residents, churches, and businesses along Jamboree Road, and the triathlon has upset the balance that the policy protects. He noted that the question is whether the triathlon is the right event. Police Sergeant Johnson referenced Chapter 11.3, and discussed the pre -2004 bicycle race route and the 2004 and 2005 bicycle race route. He reported that Police Officers escorted residents out of their neighborhoods one -by -one, and needed to be posted at Pacific Coast Highway because there were no volunteers at that location. He believed that the newer route is too complex and unsafe, and indicated that they received complaints from the Dunes, the Hyatt, and from angry motorists. Dolores Otting believed that Fashion Island during a weekend morning is a ghost town, that the triathlon is a Centennial moment, and that they should be put on probation and not denied their permit. Xavier Victor Piniche Fuentes agreed that Fashion Island is a ghost town in the morning. Robert Mortensen expressed support for the triathlon and believed that the event is safe and doesn't impact the community like the Boat Parade or Taste of Newport. He requested that the event take place this year and believed that the issue is that Volume 57 - Page 597 City of Newport Beach City Council Minutes March 28, 2006 the parties don't get along Tom Billings expressed support for the triathlon and explained how Hawaii handles their large annual triathlon. He hoped that this year will be their probationary period and recommended doing a point -to -point swim at North Star Beach so the run would be. conducted on Santiago. Andy Bailey stated that he has been associated with the triathlon for 28 years and believed that the traffic impacts are minimal. He noted that it is nice to have a local race. Ana Carion discussed the problems the Hyatt Regency employees experience during this event and the impacts it has on the Newport Beach Jazz Festival. Carrie Parsons, Head Rowing Women's Coach at UCI, stated that she organizes 80 athletes on the course, they start meeting in September, and she also oversees the trash cleanup. She indicated that she cannot substantiate any of the complaints regarding her volunteers. Rick Wong believed that the City cannot approve the permit knowing that the Police Department thinks it's unsafe since it is a liability to the City and that it is not right not to allow people to leave their homes. He suggested that the organizers get the businesses' support if they don't already have it. Michael Lawler hoped that staff and the promoter can work out the concerns so the event can happen. He suggested using Newport Harbor High School track or cross country athletes as volunteers and that, with proper volunteers and Police support, safety issues can be mitigated. He believed that sponsors can pay the outstanding bill. Brenda Martin expressed her support for the triathlon, believed that this event is less of a safety issue than other activities in the City, and noted that it takes place on the third day of the Jazz Festival. Irn Colander believed that both lanes don't need to be closed. She suggested changing the date of the triathlon so it doesn't coincide with the Jazz Festival and Art Walk. Mayor Webb explained why their route would need both lanes closed. Jerry Chang, Orange County Triathlon Club, stated that many of their members would volunteer to assist the triathlon instead of participate in it. He expressed hope that the participants don't suffer because of logistical issues or lack of communication. Hearing no further testimony, Mayor Webb closed the public hearing. Mr. Kring believed that there was more effort to get backup material than to get this event to work. He stated that he wants more facts and noted that he has not seen any complaints from anyone being inconvenienced or about the event being unsafe. Mr. Caress noted that they have had no injuries in 28 years and believed that the TCP was prepared so people weren't stuck in their houses since it's a rolling open course. He stated that the original course is an easier course to manage, expressed his disappointment that there was no post event briefing last June, and indicated that he can design a course that's not on Jamboree or is contained on Back Bay Volume 57 - Page 598 City of Newport Beach City Council Minutes March 28, 2006 Drive, but would prefer not to change the date of the event. He expressed his doubts that he could have the design completed and approved by staff in the appropriate timeframe. Council Member Ridgeway referenced the PowerPoint presentation and reported that he and staff have told the applicant what is needed and to submit a proper TCP. He noted that after the February 7 denial, Mr. Caress went to the Daily Pilot and expressed his displeasure with the emails about staff. He stated that the triathlon has merit, but they need to comply with everything if it's going to continue. He emphasized that this is about road closures and safety. Mayor Webb added that the current application proposes to reuse the original route. Council Member Curry indicated that the previous routes have been overtaken by growth and it is unreasonable to expect neighborhoods to shut down to allow this event. He expressed confidence that there will be a route next year to support this triathlon. He took issue with the emails and with Pacific Sports for not paying its bill. In response to Council Member Daigle's questions, City Attorney Clausen indicated that the permit is for Course 2 and there is sufficient evidence to uphold the denial. Council Member Daigle noted that Sgt. Johnson said this event is unsafe and she has also heard this from participants. She emphasized that the burden for a safer course is not on staff, but on the applicant, and hoped that they can design a course for future years that's acceptable. Council Member Selich stated that the solution is to have the bicycle course on Back Bay Drive. He took issue that the applicant said it can be done but he didn't propose it earlier, which puts Council in the position to have to deny the.permit when this could've been designed in time. Council Member Nichols believed that, if the City wanted this event, it would've made it work. He agreed that the triathlon would be a good event to have during the Centennial year. Motion by Council Member Ridgeway to uphold staffs decision to deny the Special Event Permit Application and direct staff and the event coordinator to find a new route for 2007. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Noes: Council Member Nichols K. PUBLIC COMMENTS Dolores Otting suggested starting discussions to build an aquatic center with a 50 -meter pool at the old Coyote Canyon Landfill site. She also expressed concern that the Palms Apartments is requesting to become another recovery home on the Peninsula, that the Mariners Mile Gateway Project will create a lot of traffic, and that the motion seconds are not recorded in the minutes. Volume 57 - Page 599 City of Newport Beach City Council Minutes March 28, 2006 Jerry Chang apologized for the inappropriate emails that were sent to Council relative to the triathlon. Xavier Victor Piniche Fuentes expressed concerns about his apartment complex, Coronado South. Assistant City Manager Wood provided her business card in order to give Mr. Fuentes information about the Orange County Fair Housing Council. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC) - Council Member Selich reported that the two General Plan Update Open House sessions will be on April 1 from 9:00 a.m. to noon and 1:00 p.m. to 4:00 p.m. Local Coastal Program Certification Committee - Council Member Ridgeway announced that they met last Tuesday and will meet next on April 4 at 3:00 p.m. in the Fire Conference Room. Newport Coast Advisory Committee - No report. Mariners Joint Use Library Ad Hoc Steering Committee - Mayor Webb reported that the Library dedication and opening ceremony will be held on April 20 at 11:00 a.m. on the park side of the Library. City Centennial 2006 Cotmnittee - No report. City Council/Citizens Ad Hoc Committee for Marina Park Planning - Mayor Webb noted that Council will be discussing this issue next. City Council Ad Hoc Marina Park Advisory Conunittee - No report. EQAC - Council Member Nichols announced that they received a presentation relative to the draft General Plan. Facilities Finance Review Committee - Council Member Curry stated that they met yesterday and will meet next on April 10. City Hall Site Review Committee - Council Member Selich reported that they met on March 20 to continue evaluating potential sites and stated that they meet next on April 3. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 21. PLANNING COMMISSION AGENDA FOR MARCH 28, 2006. [100 -2006] Planning Director Temple reviewed the following Planning Commission items: Brookfield Homes - 1301 Quail Street (PA2004 -251); Thirtieth ST. Architects, Inc. - 2961 Cliff Drive (PA2005 -158); and the General Services Department Corporation Yard - 107 Industrial Way, Costa Mesa (PA2006 -047). She added that the Planning Commission decided to begin their meetings at 3:00 p.m. in order to discuss the General Plan Elements and EIR. Philip Bettencourt, representing Brookfield Homes, reviewed their progress but reported that the property owners decided to take the item off the calendar for now. Volume 57 - Page 600 City of Newport Beach City Council Minutes March 28, 2006 N. 22. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH EIP ASSOCIATES FOR GENERAL PLAN UPDATE AND EIR AND BUDGET AMENDMENT (C- 3620). [381100 -2006] Assistant City Manager Wood provided the staff report and explained the reasons for the amended agreement. She indicated that the consultants believe that an additional $552,131 is needed to complete the process, which also includes an additional run of the traffic model. Dolores Otting commended Woodie Tescher of EIP Associates because all their work has been thorough. In response to her question, Council Member Ridgeway indicated that, if the General Plan doesn't pass, the City will use the existing General Plan which is greater in intensity and traffic. In response to Council Member Nichols' question, Mayor Webb noted that the motion to conduct a traffic study in Corona del Mar failed at a previous meeting. Motion by Council Member Selich to 1) approve the Second Amendment to Professional Services Agreement with EIP Associates augmenting the budget by $552,131, and authorize the Mayor and City Clerk to execute the agreement; and 2) approve a budget amendment (06BA -054) transferring $552,131 from unappropriated General Fund reserve to General Plan Update account number 2710 -8293. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Abstain: Council Member Nichols Mayor Webb recessed the meeting at 9:55 p.m. and reconvened the meeting at 10:00 p.m. with all members of Council in attendance. 23. MARINA PARK FUTURE USE SCENARIOS. [731100 -2006] Assistant City Manager Kiff utilized a PowerPoint Presentation to highlight the eight recommended scenarios that the City Council/Citizens Ad Hoc Committee for Marina Park Planning reviewed. He also displayed the revised Harbor Commission Plan and the consolidated Balboa Aquatic Park/Window to the Bay plan. Council Member Ridgeway reported that Southern California Edison will be closing the facility near the current tot lot at the end of the year and stated that the City may be able to acquire the site. Assistant City Manager Riff noted that the Committee was charged with six tasks and that Goal A (develop goals for future uses), Goal B (gather and consider technical information related to the property), Goal C (gather and consider information related to the needs of the City for parks and recreation facilities, boating facilities, and revenue to the General and Tidelands Funds), Goal D (develop a plan for gaining public input on. future use of the property) was only a presentation, and the subcommittee completed Goal E (develop a plan for gaining public input on future use of the property) but the Committee decided not to adopt Volume 57 - Page 601 City of Newport Beach City Council Minutes March 28, 2006 it. He reported that the Committee spent a great deal of time hearing each of the proposals. Xavier Victor Piniche Fuentes took issue with the architectural plans. Allan Beek, Secretary of Stop Polluting Our Newport (SPON), stated that they endorsed the plan that's similar to the Windows To The Bay concept in April 2004. Personally, he believed that the City should conduct more public outreach to find out what people will actually use on the site and that the beach needs new sand. Dr. Patricia Frosthohn requested that Council keep the area as natural as possible. She believed that the beach should be given back to the people and the channel is too small for big yachts. She expressed her support for the Window To The Bay plan. Gail Ellis -Olds, Girl Scout Council of Orange County, urged Council to commit to keeping a no -cost Girl Scout House in close proximity to its current site. Dolores Otting believed that the vote on Measure L indicated that no one wanted a commercial marina. She noted that this park is the only one that needs to generate revenue and expressed her support for the Window To The Bay plan. Tom Billings, Protect Our Parks, reported that their plan reflects a lot of community outreach and input. He utilized a PowerPoint presentation to highlight the features of the Window To The Bay plan and noted that the plan has a marine recreation zone, window zone, and a children's zone. He stated that the Girl Scout House will be a secured compound from the rest of the park. He reviewed the costs which were divided into phases. Tim Collins, Harbor Commissioner, distributed a handout of the Balboa Aquatic Park plan, pointed out some similarities with the Window To The Bay plan, and discussed the advantages of the Balboa Aquatic Park/Window To The Bay compromise plan which includes 50 to 60 boat slips. John Corrough, Harbor Commissioner, reported that their proposal has about 120 parking spaces. He believed that visitor- serving facilities are missing in the Window To The Bay plan, and the Balboa Aquatic plan is fiscally responsible and inclusive. He stated that the marina is not big enough for a commercial marina and discussed the difference between private and public marinas. He noted that Protect Our Parks approached him to work with the Window To The Bay designer to come up with the compromise plan. He reported that there are a lot of grants to help fund visitor slips and reviewed the costs for the proposed compromise plan. He agreed that the City cannot satisfy all the demands for permanent and visitor serving slips. Mark Wampole stated that the intent of his plan, Small Vessel Trailer Launch Plan, was to make sure a launch ramp is available for small sailboats. He believed that only the local community will be impacted, not anywhere else. Joe O'Hora believed that there is a danger in compromising here because it would legitimize a big boat commercial marina which is elitism. He emphasized that the residents need access to the bay and believed that marinas and park uses are incompatible_ He stated that the Peninsula Point Association and the Central Newport Association don't want a marina. Council Member Selich believed that the uses aren't incompatible since the tot lot and the Girl Scout House are on the Volume 57 - Page 602 City of Newport Beach City Council Minutes March 26, 2006 opposite side of the site than the marina. Tom Houston believed that the vote on Measure L was against a timeshare and hotel, and also to have a park. He expressed support for the concept of having visitor serving slips and the compromised plan. Linda Ramage, Girl Scout Service Manager, explained how frequently the Girl Scout House is used. She reported that it is very hard to get troop time at the facility and noted that troops from out of the country also use it. Council Member Ridgeway noted that both plans have included a Girl Scout House. Craig Rager, Marina Park Planning Committee member, noted that the subcommittee came up with boundaries and parameters, but the Committee decided to focus on the best use for this public asset. He believed that the City will never be able to meet all the demands for boat slips. Council Member Ridgeway believed that a visitor serving dock is critical and that both plans would be good for the Peninsula; however, the compromise plan is financially responsible and will move forward faster. Council Member Selich recommended that the Council Members that were on the Committee meet with representatives from the two plans and come back with a recommendation to Council. He noted that the plans are very similar functionally except for the marina issue. Mayor Webb asked if additional information can be provided for the two options, and also compare information for a visitor serving marina versus a commercial marina. He suggested possibly having one or two public hearings to receive more input. Mayor Pro Tem Rosansky indicated that he supported the hotel on the Peninsula because of the need for revitalization and a developer was willing to invest in the property. He believed that some people perceived the Measure L vote was for either a hotel or a park. He indicated that the property needs a substantial park component. He stated that he would not support having a commercial marina, but would be interested in having a visitor serving marina. He suggested advising staff to focus on the two plans, have discussions with the proponents, and bring back a proposed plan to Council. Assistant City Manager Kiff confirmed that the guidance is to focus on the Window To The Bay plan and the compromise plan and have the two groups meet. He recommended conducting a feasibility analysis on both the plans to ensure that they're doable. He confirmed that this will be combined with a public outreach plan and brought back to Council. He indicated that an analysis can be conducted for a commercial marina and visitor serving marina. Council Member'Curry requested that comparative data between the two plans be included in the study, i.e. square footage, size of the beach, size of the green space, revenue, and cost. Following discussion relative to whether the marina should be a commercial marina or a visitor serving marina, Mayor Pro Tem. Rosansky suggested taking a straw vote on what type of marina it should be. Motion_by_Nlayor_Pro Tern Rosansky_ to have the feasibility study look only at a visitor serving marina if there is going to be a marina component in the park. Volume 57 - Page 603 City of Newport Beach City Council Minutes March 28, 2006 The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle Noes: Council Member Ridgeway, Council Member Nichols O. ITEMS - REMOVED FROM THE CONSENT_ CALENDAR 4. RESOLUTION FORMING THE MEDIA & COMMUNICATIONS COMMITTEE, DISBANDING TWO AD HOC COMMITTEES, AND MAKING APPOINTMENTS TO THE MEDIA & COMMUNICATIONS COMMITTEE. [100 -20061 In response to Dolores Otting's question, City Attorney Clauson confirmed that the meetings are subject to the Brown Act. Assistant City Manager Kiff reported that Mayor Pro Tem Rosansky suggested designating two year terms for the appointees. Motion by Mayor Pro Tem Rosansky to 1) adopt Resolution No. 2006 -24 forming the Media & Communications Committee and disbanding both the Ad Hoc Telecommunications Committee and the Web Site Review Ad Hoc Committee; 2) approve the Mayor's appointments of Mayor Pro Tem Steven Rosansky and Council Members Leslie Daigle and Keith Curry to the Media & Communications Committee; 3) designate Council Member Daigle as the Chairperson of the Committee; and 4) approve the Mayor's appointment of citizen representatives Daniel Wampole and Don Boortz to the Committee to serve for a two year term. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Without objection, Council Member Nichols discussed Items 10 and 13 together. 10. NEWPORT HEIGHTS, CLIFFHAVEN AND SEAWARD STREET REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3677). [381100 -20061 13. IRVINE AVENUE SIDEWALK AT SANTIAGO - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3715). [381100 -20061 Council Member Nichols expressed concern with using Measure M Funds to build a retaining wall. Motion by Council Member Nichols to (for Item 10) 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; and 4) release the Faithful Performance Bond one (1) year after Council acceptance; and (for Item 13) 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 Volume 57 - Page 604 City of Newport Beach City Council Minutes March 28, 2006 portions of the Civil Code; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve a budget amendment (06BA -055) transferring $14,500 from the Unappropriated Circulation and Transportation Fund to Irvine Santiago Sidewalk Construction Account (7261- C5100792). The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 17. REVISIONS TO COUNCIL POLICY A-6, "OPEN MEETING POLICIES" AS IT PERTAINS TO THE ORDER OF BUSINESS FOR COUNCIL MEETINGS. [100 -20061 Dolores Otting received confirmation that, if this is approved, pulled Consent Calendar items will be discussed immediately after Council votes on the Consent Calendar. Motion by Council Member Cures to approve the revisions to Council Policy A -6. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 18. COMMENTS ON THE WESTSIDE GENERAL PLAN AMENDMENT IN THE CITY OF COSTA MESA. 1100 -20061 Council Member Nichols expressed concern with Costa Mesa's plan that could eliminate the City's share of Measure M Funds and believed that EQAC should review their plan. Assistant City Manager Wood clarified that the letter requests that, prior to Costa Mesa approving the proposed General Plan Amendment for the Westside Urban Plan, they expand the boundary of the traffic study. She emphasized that they are not asking for a full EIR and explained that there is no time to have public hearings because Costa Mesa's City Council will hear this matter next Tuesday. Dolores Otting expressed the importance of EQAC reviewing these types of projects Motion by Council Member Ridgeway to direct staff to transmit comments to the City of Costa Mesa. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols P. MOTION FOR RECONSIDERATION Brenda Martin expressed her desire for one of the Council Members to bring back the triathlon issue for reconsideration. Volume 57 - Page 605 City of Newport Beach City Council Minutes March 28, 2006 Q. ADJOURNMENT -at 12:14 a.m. on Wednesday, March 29, 2006 The agenda for the Regular Meeting was posted on March 22, 2006, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. z9 r City Clerk Recording Secretary i Mayor Volume 57 Page 606