HomeMy WebLinkAbout06/27/2006 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 27, 2006 — 7:00 p.m
STUDY SESSION - 3:30 p.m
CLOSED SESSION - 5:55 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 gave authorization for the City to join in litigation
with other cities and counties to challenge a decision made about State mandated
reimbursements.
D. PLEDGE OF ALLEGIANCE - Council Member Curry
E. INVOCATION - Reverend Peter D. Haynes, Saint Michaels & All Angels Episcopal
Church
F. PRESENTATIONS
Proclamation for Retiring AYSO Conunissioner - Recreation and Senior Services Director
Knight reviewed Marce Almaraz's accomplishments and Mayor Webb presented him with a
proclamation.
Okazaki Exchange Students - Connie Skibba, President of the Newport Beach Sister Cities
Association, discussed the student exchange program. The seven students and two chaperones
introduced themselves and what they hope to accomplish during the trip.
Centennial School District Committee Recognition - Centennial School District
Committee Chair, Tom Anderson, recognized the Committee members in attendance and
reported on their activities for the year. He presented Council with the coloring book. He
stated that Roger Folk will be signing the coloring book on July 24 from 11:30 a.m. to 1:30 p.m.
at the Central Library. Mayor Webb presented the Committee members with a certificate.
Boy Scouts of America Sea Scout Proclamation - Continued to the July 11, 2006 Council
meeting.
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
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WOULD LIKE PLACED ON A_FUTU_RE_AGENDA FOR DISCUSSION, ACTION OR
REPORT (NON- DISCUSSION ITEM):
Council Member Daigle requested that the Ad Hoc Committee on Legislative Advocacy consider
sponsoring State legislation regarding regulating residential care facilities that have six or less
occupants and the concentration of the facilities. She also requested that the Committee
consider forming a coalition with other impacted cities where these residential care facilities are
proliferating. She reported that the City currently has 20 facilities and 17 more are currently
being planned.
Council Member Selich requested a future agenda item to update the Quimby Act Fees
Council Member Curry requested that a Charter amendment regarding eminent domain be
placed on the November ballot since the State did not adopt legislation regarding this issue.
Mayor Webb announced that, last Wednesday, the Transportation Corridor Agencies celebrated
its 20th birthday and presented the City with a plaque. He also announced that he attended
the Fire Department's promotional pinning ceremony today for 16 individuals.
Mayor Webb reported that the first Concerts in the Park was held last Sunday and reviewed
the schedule for the summer.
Mayor Webb announced that there are 66 days until the City's 100th Birthday and provided
Centennial moments.
Mayor Webb reminded the public that there will be vehicle restrictions on Balboa Boulevard
starting at noon on July 4.
City Manager Bludau announced that the City has sponsored a fireworks display at the
Newport Dunes and stated that it will last longer in order to celebrate the City's Centennial.
I. CONSENT CALENDAR
READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF
JUNE 13, 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 INTRODUCTION
3. CABLE TELEVISION: ORDINANCE ADOPTING A FRANCHISE AGREEMENT
WITH COX COMMUNICATIONS. [421100 -20061 Continued to a future City Council
meeting.
ORDINANCES FOR ADOPTION
4. MULTIPLE VESSEL MOORING SYSTEM PILOT PROGRAM. [100 -20061 Adopt
Ordinance No. 2006 -15 related to Moorings.
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5. CODE AMENDMENT NO. 2006 -004 (PA2006 -078) - AMENDMENT TO CHAPTER
20.65 (HEIGHT LIMITS) TO ADD AN EXCEPTION FOR LIGHT STANDARDS
TO EXCEED HEIGHT LIMITS SUBJECT TO THE REVIEW AND APPROVAL
OF A USE PERMIT. [100 -2006] Adopt Ordinance No. 2006 -16 approving Code
Amendment 2006 -004.
RESOLUTIONS FOR ADOPTION
6. MEASURE M SEVEN YEAR CIP. [100 -20061 1) Adopt the Seven -Year Capital
Improvement Program; 2) adopt Resolution No. 2006 -47 affirming that the City's
Circulation Element does not preclude implementation of the regional Master Plan of
Arterial Highways; and 3) direct staff to submit the adopted Capital Improvement
Program, Maintenance of Effort certification, to the Orange County Transportation
Authority to satisfy the eligibility provisions for Measure M and Congestion
Management Programs.
7. GENERAL MUNICIPAL ELECTION - NOVEMBER 7, 2006: ADOPTION OF
RESOLUTIONS CALLING THE ELECTION AND REQUESTING
CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION
(CANDIDATES ONLY). [391100 -20061 Adopt the following resolutions pertaining to
the General Municipal Election scheduled for Tuesday, November 7, 2006 pursuant to
Section 1000 of the City Charter: a) adopt Resolution No. 2006 -48 Calling and Giving
Notice of the Holding of a General Municipal Election to be Held on Tuesday, November
7, 2006, for the Election of Members of the City Council as Required by the Provisions of
the City Charter; b) adopt Resolution No. 2006 -49 Requesting the Board of Supervisors
of the County of Orange to Consolidate a General Municipal Election to be Held on
Tuesday, November 7, 2006, with the Statewide General Election to be Held on the
Same Date Pursuant to Section 10403 of the Elections Code; and c) adopt Resolution No.
2006 -50 Adopting Regulations for Candidates for Elective Office Pertaining to
Candidates Statements Submitted to the Voters at an Election to be held on Tuesday,
November 7, 2006.
8. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO
NEWPORT COAST DEMOLITION. [100 -20061 1) Adopt Resolution of Intention No.
2006 -51 to award a Non - exclusive Solid Waste Franchise to Newport Coast Demolition
and to set the public hearing for July 25, 2006; and 2) introduce Ordinance No. 2006 -17
granting a Non - exclusive Solid Waste Franchise to Newport Coast Demolition and pass
to second reading on July 25, 2006.
9. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO
INTERIOR REMOVAL SPECIALIST, INC. [100 -20061 1) Adopt Resolution of
Intention No. 2006 -44 to award a Non - exclusive Solid Waste Franchise to Interior
Removal Specialist, Inc. and to set the public hearing for July 25, 2006; and 2) introduce
Ordinance No. 2006.18 granting a Non - exclusive Solid Waste Franchise to Interior
Removal Specialist, Inc. and pass to second reading on July 25, 2006.
10. CABLE TELEVISION: ADOPTION OF RESOLUTION, MEMORANDUM OF
UNDERSTANDING, SETTLEMENT AND MUTUAL RELEASE AGREEMENT
AND CONSENT TO TRANSFER AGREEMENT RELATING TO TIME WARNER
AND ADELPHM. [421100 -20061 1) Adopt Resolution No. 2006 -53 consenting to a
transfer of a franchise for cable television from Adelphia to Time Warner; and 2)
authorize the Mayor or the City Manager to execute any documents relating to the
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transfer, including but not limited to a Memorandum of Understanding, a Settlement
and Mutual Release Agreement, and a Consent to Transfer Agreement.
CONTRACTS AND AGREEMENTS
12. AMENDMENT #1 TO A COOPERATIVE AGREEMENT FOR THE
ADMINISTRATION OF TOTAL MAXIMUM DAILY LOADS (TMDLs) IN
NEWPORT BAY (C- 3621). [381100 -20061 Authorize the Mayor to sign and execute
Amendment #1 to the 2003 Cooperative Agreement to fund Nutrient, Fecal Coliform
and Toxics Total Maximum Daily Load (TMDL) Studies & Programs in the Newport
Bay Watershed.
13. MONITORING STATIONS INSTALLATION - APPROVAL OF PROFESSIONAL
SERVICES AGREEMENT WITH GEOMATRIX (C- 3853). [38100 -20061 1)
Approve a Professional Services Agreement with Geomatrix of Newport Beach for water
quality monitoring services at a contract price of $62,946.50 and authorize the Mayor
and City Clerk to execute the Agreement; and 2) approve a budget amendment (06BA-
079) authorizing a transfer of $62,946.50 from Account 7014- C5100805 (Morning
Canyon Stabilization Project) to Account 7014- C5100851 (NCWS: Miscellaneous
Watershed Activities).
14. JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN HILLS ROAD
TO FORD ROAD - AWARD OF CONTRACT (C- 3826). [381100 -20061 1) Approve
the plans and specifications; 2) award the contract (C -3826) to All American Asphalt for
the total bid price of $1,061,061 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 a budget amendment (06BA -082) appropriating $400,000 from the
AHRP fund balance to Account No. 7285- C5100832 and $781,061 from the Measure M
Turnback fund balance to Account No. 7281- C5100832.
15. COAST HIGHWAY CHANNELIZATION- CORONA DEL MAR - COMPLETION
AND ACCEPTANCE OF CONTRACT (C- 3558). [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; and 4) release the
Faithful Performance Bond one (1) year after Council acceptance.
16. MORNING CANYON STABILIZATION - COMPLETION AND ACCEPTANCE
OF CONTRACT (C- 3517). [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; and 4) release the Faithful
Performance Bond one (1) year after Council acceptance.
17. GEOTECHNICAL AND MATERIALS TESTING AND EVALUATION,
INSPECTION AND CONSTRUCTION MANAGEMENT, AND LANDSCAPE
DESIGN SERVICES - APPROVAL OF ON -CALL PROFESSIONAL SERVICES
AGREEMENTS (C- 3854). [381100- 200611) Approve Professional Services
Agreements with Arroyo Geotechnical and LaBelle Marvin Inc. for on -call geotechnical
and materials testing and evaluation services and authorize the Mayor and City Clerk
to execute the Agreements; 2) approve a Professional Services Agreement with WEC
Corporation for on -call inspection and construction management services and authorize
the Mayor and City Clerk to execute the Agreements; and 3) approve Professional
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Services Agreements with TCLA, Inc. and David Volz Design for on -call landscape
design services and authorize the Mayor and the City Clerk to execute the Agreement.
18. LEGAL ADVERTISING BID FOR FISCAL YEAR 2006 -2007. [321100-
20061 Accept the bid of the Daily Pilot and authorize a purchase order for the one -year
period of fiscal year 2006 -2007.
19. 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF CONTRACT (C-
3800). [381100 -20061 1) Approve the plans and specifications; and 2) award the
contract (C -3800) to Pavement Coatings Company for the total bid price of $471,946
and authorize the Mayor and the City Clerk to execute the contract.
MISCELLANEOUS
20. DOVER DRIVE, NORTH OF CLIFF DRIVE SIDEWALK - MITIGATED
NEGATIVE DECLARATION (C- 3652). [381100 -20061 Adopt Resolution No. 2006 -54
approving the Mitigated Negative Declaration (MND) for Dover Drive Sidewalk Project.
21. PURCHASE OF A SIX -POST MOBILE HOIST SYSTEM FOR THE EQUIPMENT
MAINTENANCE DIVISION. [100 -20061 1) Approve the purchase of a six-post,
90,000 pound capacity mobile lifting system and accessories from Automotive
Resources, Inc. at a cost of $60,228.96; and 2) approve a budget amendment (06BA -080)
to transfer $60,228.96 from unappropriated Internal Service Fund reserves into
Account 6110 -9200 to fund the purchase.
22. SHORELINE OBSERVATION SYSTEM (SOS). [381100 -20061 1) Approve the
purchase and installation of the Newport Beach Shoreline Observation System (SOS);
and 2) approve the sole source purchase of cameras and ancillary equipment (C -3878)
from ISMS Inc., Shakespeare Composite Structures Mfg., and Pro 911 Systems.
23. BUDGET AMENDMENT FOR SIGNATURE VERIFICATION. [100-
20061 Approve a budget amendment (06BA -078) from General Fund Unappropriated
Fund Balance, 010 -3605 in the amount of $51,653 to Election Services, 0220 -8080, to
pay the cost for the County of Orange Registrar of Voters to verify the signatures on the
Debt initiative and the Greenlight II initiative petitions.
27. SOBER LIVING BY THE SEA - USE PERMIT NO. 2005 -031, OFFSITE
PARKING AGREEMENT NO. 2005 -005 (C- 3836), MODIFICATION PERMIT NO.
2005 -133 - 2811 VILLA WAY (PA 2005 -136) (contd. from 4/11/06 and 5/23/06).
[381100 -20061 Continue to August 22, 2006.
28. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT
BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY
2005 /2006 EXPENDITURE ACCOUNTS. [100 -20061 Approve a budget amendment
(06BA -081) to increase revenue estimates by $11,000 in Account No. 4090 -5893
(Library Foundation Donations) and increase expenditure estimates by the same
amount in Division 4090 (Foundation).
Motion by Mayor Pro Tem. Rosansky to approve the Consent Calendar, except for the items
removed (11, 24, 25 & 26); and noting the continuance of Item 3.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb,
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Council Member Ridgeway, Council Member Daigle, Council Member Nichols
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
11. CONTRACT FOR PURCHASE AND INSTALLATION OF SHADE
STRUCTURES AT BONITA CANYON SPORTS PARK (C -3849) (cont. from
6/13/06). [381100 -20061
Recreation and Senior Services Director Knight reported that the shade structures will
service the ball field bleachers and the picnic areas, and explained why the Parks,
Beaches, and Recreation Commission did not favor the plan.
Discussion ensued amongst Council relative to whether the shade structures were
necessary.
Motion by Council Member Daigle to approve the contract with United Sports
Surfacing of America for the purchase and installation of shade structures at Bonita
Canyon Sports Park in the amount of $58,706.
Emery Mullner, Newport Beach Little League, spoke in support of the shade structures.
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
24. CERTIFICATION OF THE PETITION ENTITLED "VOTER APPROVAL FOR
MAJOR DEVELOPMENTS OVER "AS BUILT CONDITION" OF CITY". [391100-
20061
Phil Arst, Greenlight spokesperson, questioned the need for the 30 day delay in order to
study the initiative since he believed that this would delay the process.
John Nelson expressed his opposition to the Greenlight II initiative.
City Attorney Clauson confirmed that the petition is being certified tonight, she has 30
days to come back to Council with a report, and this is enough time for Council to place
the initiative on the November ballot.
Motion by Council Member Rid eway to 1) approve the certification of the petition
entitled "Voter Approval for Major Developments Over "As Built" Condition of City"
from the Registrar of Voters, County of Orange, as presented by the City Clerk; and 2)
direct staff to report back to Council on or before Tuesday, July 25, 2006 with the
impacts of the initiative on municipal operations pursuant to Council action taken on
January 24, 2006 and with the necessary actions required by Election Code Section
9215.
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
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25. NEWPORT ISLAND CHANNELS OLOID PROJECT - CEQA DETERMINATION
(C- 3730). [381100 -20061
Jim Hilliard, representing the Newport Island Board of Directors, thanked Council and
staff for working with them and listening to their concerns.
Motions Mayor Pro Tem Rosansky to abandon the project indefinitely.
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
26. ACCEPTANCE OF ADDITIONAL URBAN AREA SECURITY INITIATIVE
FUNDING TO ENHANCE THE IMPLEMENTATION OF THE OCILJ COPLINK
DATA SHARING PROJECT. 1100 -20061
In response to Council Member Nichols' questions, Police Chief McDonell explained the
purpose of the COPLINK Data Sharing Project and which entities share information.
Motion by Council Member Nichols to 1) on behalf of the Integrated Law & Justice
Agency of Orange County (ILJAOC), accept for administrative purposes, Urban Area
Security Initiative funding in the amount of $1,000,000 from the cities of Anaheim and
Santa Ana (Grant Administrators) for the purpose of enhancing the implementation of
the COPLINK Data Sharing Project; and 2) authorize the Administrative Services
Director to place the funds in the appropriate revenue and expenditure accounts
consistent with this action.
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
Mayor Webb noted that a majority of the audience is in attendance for a portion of Item 33 (General
Plan Update) that relates to rezoning R -2 to R -1 in the West Newport and Peninsula areas. Without
objection, he recommended that this portion of the item be taken out of order.
K. PUBLIC HEARINGS
33. GENERAL PLAN UPDATE: LAND USE, CIRCULATION AND HOUSING
ELEMENTS. [681100 -20061
Motion by Council Member Ridgeway to not change the current residential land
use designations in the West Newport and Peninsula areas.
Mayor Webb opened the public hearing.
Council Member Ridgeway explained that the intent of the proposed rezoning was to
try to create owner - occupied units.
George Shroeder stated that the property owners appreciate Council's motion and the
respect of their property rights. He noted that the property owners also want to
improve the area and would support more code enforcement and higher fines to make
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properties compliant.
Ed Vandenbossche pointed out that it is the property owners that call the police on the
renters. He stated that he lives there and relies on this source of income.
Mayor Webb closed the public hearing.
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
37. COUNCIL BUILDING COMMITTEE RECOMMENDATIONS REGARDING
CITY HALL PROJECT PLANNING ISSUES. [351100 -20061
Motion by Mayor Webb to consider Item 37 (City Hall Project Planning Issues) out of
order and continue this item in order for a study session to be held so Council can hear
opinions and presentations relative to using a park site for the City Hall site.
Substitute motion by Mayor Pro Tem Rosansky to reconvene the City Hall Site
Review Committee and have the Committee review the proposed site and plan prior to
further action by the City Council.
Mayor Pro Tem Rosansky stated that the Committee should operate under the same
guidelines when it reviewed the other sites, therefore, a presentation by Mr. Ficker to
the Committee and providing them with the proposal is not necessary. He added that
the Committee would not be critiquing the existing building at the proposed site and
that the site should never have been taken off the table for evaulation.
Council Member Ridgeway expressed the opinion that the Committee would
recommend the site. He pointed out that construction costs are rising and Council has
a fiduciary duty to its citizens to move forward. He believed that the site plan and
location should be analyzed by the Building Ad Hoc Committee. He believed that this
should be done during the regular meeting, not study session. He added that the social
and economic impacts to the Peninsula need to analyzed by staff if City Hall is moved.
He believed that the City would be going back on its word to the community if it did
this.
Council Member Curry believed that, even though he is skeptical of the site, Council
needs to look at the proposal, compare it to the existing City Hall, and receive answers
to many questions about the proposed site. He explained why the Daily Pilot's term
"free site" is inaccurate.
Council Member Nichols expressed support for having Mr. Ficker present his proposal
to Council. He noted that the site can be rezoned.
Council Member Selich agreed that the site doesn't need to be sent back to the
Committee because they would conclude that the site is valid. However, he emphasized
that this is a policy matter of whether the City wants to trade parkland for a central
location for City Hall.
Mayor Pro Tem Rosansky withdrew his motion, but recommended not limiting the
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presentation to only Mr. Ficker's proposal
Substitute motion by Council Member Curry to direct staff to provide a staff
report at the July 25 meeting that evaluates the impact of the loss of parkland, the
access and traffic issues, and the efficacy of the proposed design; discusses the history
behind how the land became a park; and evaulates the property value of the existing
site.
Council Member Daigle noted that this is now a different process than what has been
followed and emphasized that the parties of the Circulation Improvement and Open
Space Agreement ( CIOSA) need to also be consulted since this is dedicated open space.
Mayor Webb agreed that Mr. Ficker should be allowed to explain his proposal, but
suggested that this be done during the study session. He also agreed that anyone
should be allowed to make a presentation to Council.
Debra Allen, Parks, Beaches and Recreation Commissioner, provided Council with a
handout of the plans for the park and reviewed the result of a survey of the Corona del
Mar Residents Association. She believed that the decision should be made during a
regular meeting and that this is a policy issue. She provided a history of the site and
discussed the issues associated with the donor and the concern for losing the current
donor money. She believed that, if Council decides to keep it as a park, the City should
provide funding to develop it.
John Nelson, City Hall Site Review Committee, believed that the Committee shouldn't
review the site because the choice is ultimately Council's. He stated that the City needs
a new City Hall and expressed concern about the rising costs. He urged Council to
move forward.
Bernie Svalsted urged Council to stop procrastinating. He noted that the park issue
has been going on since 1996 and provided a history of the parksite and the CIOSA
agreement. He believed that staff should be directed to look at the costs and
environmental concerns on the proposed site and look into leasing the Corporate Plaza
West site for 99 years with the option to buy.
George Jeffries stated that he contacted a Cal Tech graduate and discussed the
environmental problems that may occur at the existing City Hall site. He believed that
Council should disqualify the existing site pending an independent geotechnical study.
Lucille Kuehn noted that she was an advocate for making the site above the Central
Library a park; however, she could make a different choice. She agreed that a new City
Hall is needed.
Barry Allen reminded Council that the proposed site was already approved to become a
park and that this is being considered because the Daily Pilot created a controversy.
He asked why Council would consider taking away parkland rather than condemn The
Irvine Company's office building for the new City Hall.
Nancy Gardner emphasized that the proposed site has already been declared a park
and noted that the General Plan states that open space needs to be replaced if it is
taken away.
Bruce Naught stated that this area is being discussed because its the center of the City
and suggested having a third party conduct a feasibility study on the proposed site. He
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believed that the existing City Hall site is a good location for a park.
Bill Picker recommended that Council allow him to do a presentation at a Council
meeting. He discussed some of the advantages of his proposal, noted that his plan tries
to preserve as much of the parkland as possible for a natural park, and suggested
converting the current site to an urban area with open space.
Allan Beek noted that the proposed building plan is not relevant to site selection, the
City has the power of eminent domain, Mr. Picker's remarks about the efficiencies of
City Hall have been neglected, and no city has made a policy to sell parkland to make
money. He believed that the City shouldn't sell the existing property to build
residential units, but should build the park on it instead.
Jan Vandersloot noted that he has been involved with the park issue since 1992 and
asked that Council abide by the CIOSA agreement. He stated that development
agreements are immune from challenges and referendums, and believed that the City
needs to provide a comparative view property if the park is taken away. He believed
that a geotechnical study needs to be conducted on the proposed site.
Mayor Webb asked that Council consider having Mr. Picker make a presentation at the
July 11 study session.
Amended substitute motion by Council Member Curry to include allowing Mr.
Picker to make a presentation at the July 11 study session.
Council Member Selich believed that the policy issue of trading a central location for a
dedicated park site needs to be answered fast. He believed that the location was not
considered for a reason and pointed out that the park already has plans and funding.
He reviewed his point system which concluded that the current site is a superior
location over the park site.
Substitute motion by Council Member Selich to 1) based on the site assessment
study from the citizen City Hall Site Review Committee, and the written response from
The Irvine Company, affirm that the location of the new city hall and associated civic
center will be on the current site; and 2) approve $25,000 for entering into a contract
with a new architectural firm to provide three (3) alternative exterior design concepts
based on the existing floor plan.
Council Member Curry stated that he shares Council Member Selich's concern about
trading parkland, but believed that Council should take the extra 30 days and allow the
proposal to be aired so people can judge for themselves and Council can make a
decision.
Mayor Pro Tem Rosansky pointed out that there has been no discussion on the second
part of the motion.
Substitute to the substitute motion by Council Member Selich to 1) based on the
site assessment study from the citizen City Hall Site Review Committee, and the
written response from The Irvine Company, affirm that the location of the new city hall
and associated civic center will be on the current site.
The motion failed by the following roll call vote:
Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Council Member Ridgeway
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Noes: Council Member Curry, Mayor Webb, Council Member Daigle, Council Member
Nichols
City Attorney Clausen suggest that a study session be conducted on July 11 to discuss
the alternative site and receive presentations from Mr. Ficker and the Parks, Beaches
and Recreation Commission. She indicated that staff can provide preliminary
information on what would be required to build the City Hall on the site. Further, on
July 25, Council can decide whether to accept the site with a policy decision to trade the
park site for the City Hall site.
City Manager Bludau expressed concern about the timeline to get the next agenda out
and that having a month would be more realistic. He reported that Council directed
the City Hall Site Review Committee to not look at any site that would involve
condemnation and that the proposed site was the only one they were not permitted to
review. He received confirmation that staff can work with the Building Ad Hoc
Committee to generate the report.
Amendment to the amended motion by Council Member Curry to continue this
issue to the July 25 Council meeting, with staff bringing back a report that discusses
the park structure, the history of its designation as a park, the legal history of it
becoming a park, the access and traffic issues, the parking issues, the efficacy of using
the park as a City Hall, the value and fiscal analysis of the existing site, and the
limitations of selling the current site; and, at the July 11 study session, have open
discussion about the alternative site and have it include presentations by Mr. Ficker
relative to his proposal and the Parks, Beaches and Recreation Commission relative to
the proposed park.
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
K. PUBLIC HEARINGS (Continued)
Motion by Council Member Cures to consider the Business Improvement District items
(Items 29, 30, 31 & 32) at the same time.
29. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL
OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2006-
2007. [100 -2006]
30. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL
OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2006-
2007. [100 -2006]
31. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT
RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION OF
CONFIRMATION FOR RENEWAL OF THE BUSINESS IMPROVEMENT
DISTRICT FOR FISCAL YEAR 2007. [100 -2006)
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82. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION OF
CONFIRMATION FOR RENEWAL OF THE BUSINESS IMPROVEMENT
DISTRICT FOR FISCAL YEAR 2006 -2007. [100 -20061
Assistant City Manager Wood reported that the City has not received protests for any
of the Business Improvement Districts.
Mayor Webb opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Ridgeway to (Item 29) adopt Resolution No. 2006 -55
confirming the levy of the Corona del Mar Business Improvement District assessment
for the 2006 -2007 fiscal year since the protests represented less than 50 percent of the
total assessment amount; (Item 30) adopt Resolution No. 2006 -56 confirming the levy of
the Marine Avenue Business Improvement District assessment for the 2006 -2007 fiscal
year since the protests represented less than 50 percent of the total assessment
amount; (Item 31) adopt Resolution No. 2006 -57 confirming the levy of the Restaurant
Association Business Improvement District assessment for the 2006 -2007 fiscal year
since the protests represented less than 50 percent of the total assessment amount; and
(Item 32) adopt Resolution No. 2006 -58 confirming the levy of the Balboa Village
Business Improvement District assessment for the 2006 -2007 fiscal year since the
protests represented less than 50 percent of the total assessment amount;
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
Mayor Webb recessed the meeting at 9:40 p.m. and reconvened the meeting at 9:55 p.m.
Without objection, Mayor Webb requested that Item 35 (Budget Adoption) be taken out of order.
O. CONTINUED BUSINESS (Continued)
35. 2006 -07 BUDGET ADOPTION. 1100 -20061
City Manager Bludau reported that the proposed operating budget is $164.8 million
and the Capital Improvement Program budget is $41.1 million. He noted that four
study sessions to review the budget and checklist items were held.
Council Member Ridgeway expressed support for the $80,000 budget item for the
OASIS Senior Center conceptual plans.
Following discussion, it was the consensus of Council to provide $50,000 of funding to
the Restaurant Association for the First Annual Newport Beach Restaurant Week, and
$9,900 of funding to Michaels Media for the production of Your Newport Today.
Mayor Webb noted that he supports providing funding for the Conference for Women,
as long as "Newport Beach" is included in the conference title.
Motion by Council Member Ridgeway to adopt Resolution No. 2006 -59, approving
the City's 2006 -07 Budget, as amended by the approved budget checklist items.
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Bill Shaver, Friends of OASIS, discussed the condition of the Senior Center and
expressed appreciation for the budget allocation; however, he noted that Ed Romeo's
previous estimate was $129,000.
City Manager Bludau indicated that he talked with Mr. Romeo who deleted some
funding items. He noted that Public Works Director Badum believed that $80,000 was
sufficient, but pointed out that Council will be approving the architect and can ask for
more money at that time if needed.
Shari Drewry, Restaurant Association representative, thanked Council for the funding
for Restaurant Week.
Don Krotee, President of the Newport Heights Improvement Association, thanked
Council for funding the traffic calming measures for the communities of Cliff Haven
and Newport Heights. He requested that some of the temporary measures be put into
place so the community can provide feedback. Council Member Daigle reported that
the Council Member for this district will be making an ongoing commitment to this
program.
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
K. PUBLIC HEARINGS (Continued)
33. GENERAL PLAN UPDATE: LAND USE, CIRCULATION AND HOUSING
ELEMENTS. [681100 -20061
Land Use Element
City Manager Wood discussed the Transfer of Development Rights Policy and reviewed
the Planning Commission's recommendations. She reported that the approval process
is not finalized in the General Plan, but would occur during the zoning process to
implement the General Plan. She noted that a General Plan Amendment would not be
required with this policy, as long as the project stays within the development limit set
by the General Plan and stays in the same statistical area.
Airport Area Policies
Council Member Ridgeway reported that he has a conflict in interest and left the dais.
Assistant City Manager Wood referenced and discussed proposed Policy LU 6.15.5
relative to the Campus Tract. Without objection, Council Member Daigle requested
that a requirement be added to this section that allows for discretionary review by the
Planning Commission for automobile uses, even though aesthetic concerns
are discussed in LU 6.15.8.
Council Member Curry expressed concern that the policy may have a discriminatory
effect on the Saunders property and requested that Council continue this policy in order
to receive their input. Assistant City Manager Wood indicated that they have not
heard from the property owner and the public hearing is open until Council closes it
and takes action on the General Plan. She emphasized that additional changes at this
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point impacts the analysis that has already been conducted relative to Charter Section
423 and that time may run out to put this on the November ballot. She indicated that,
if the Saunders property were used for mixed use residential development, trips would
only be reduced if it was developed at a density that would eliminate enough of the
existing uses.
Assistant City Manager Wood confirmed that Council made a determination relative to
the 65 Community Noise Equivalency Level (CNEL) line. Council Member Selich
pointed out that there's a limited number of residential opportunities available and that
the City should concentrate having them in more desirable areas. He referenced LU 11
and believed that the Campus strip should not have mixed use across from John Wayne
Airport (JWA). He agreed that this was discussed previously and that he is not in favor
of reversing that decision. Mayor Webb noted that residential use has never been
allowed in this tract and the issue was discussed a few months ago and approved by
Council.
In response to Council questions, Assistant City Manager Wood confirmed that hotels
are permitted in the airport area under the AO zoning, but she will have the map
corrected to reflect this. She indicated that she is not sure whether the 65 CNEL line
impacts hotels. She reported that, in an effort to reduce trips and comply with the
Airport Land Use Commission's comments about the noise contour, the number of
residential units and the land area were reduced. She emphasized that the idea behind
having residential units is to have residential villages and smart growth.
It was the consensus of Council to not include mixed use outside the 65 CNEL line, but
allow hotels in the AO zoning.
Assistant City Manager Wood indicated that policies were generated to respond to
Airport Land Use Commission comments about becoming a consistent agency. She
indicated that the Planning Commission made changes relative to the noise contour
that were for clarification and not substantive. Council Member Daigle noted that
"consistent agency" and "conforming agency" hasn't been defined and expressed concern
about what happens if they change the 65 CNEL line. City Manager Bludau reported
that Allen Murphy of JWA will provide definitions and told him that they are willing to
stipulate that the reference line is the line that exists today.
Assistant City Manager Wood reported that the Planning Commission requested that
Policy LU 6.15.2 repeat that residential units will not be allowed within the 65 CNEL
line.
Assistant City Manager Wood reviewed Policies LU 6.15.11 and LU 6.15.16 which deal
with the Koll and Conexant properties. She further explained why the properties are
special cases and reported that she is working with the property owners and ROMA
Design Group so a staff report can be presented to the Planning Commission on July 6.
Regarding the World Premier Investments site, Assistant City Manager Wood reported
that the Planning Commission indicated that they would evaluate a policy that allows
the City to count a portion of an adjacent, joint use site towards the five acres that are
required for the first phase of a village. She added that the proposal is to have a
minimum 10 acres in order to have a village and that a plan will also need to be
provided in order to qualify for the first phase. She clarified that the policy would not
be specific to this site.
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Council Member Daigle expressed support for the Koll and Conexant policies and
taking a look at the World Premier Investments proposal.
Assistant City Manager Wood reviewed the corrections to Policy LU 6.15.17.
Phil Bettencourt, representing Brookfield Homes, reported that they are still interested
in developing their property at Spruce and Quail, are still preliminarily able to meet
the development standards outlined in the General Plan, and can assimilate a new
right -of -way. Further, their project is about 11.5 acres.
Sandra Gerais, speaking on behalf of Greenlight and SPON, compared the commercial
square footages in Tables Al and A2 of the March 27 draft and the Environmental
Impact Report. Assistant City Manager Wood stated that MU -B2 in Table LUl
provides options for residential and commercial uses. She reported that language was
added to Policy LU 6.15.10 that deals with mixed uses and trips in order to be trip -
neutral. She indicated that the square footage depends on how the property owners
choose to use the General Plan entitlements.
Phil Arst received clarification from Assistant City Manager Wood that hotel
conversions only apply in the Newport Center Area, not the Airport Area. He took
issue with possibly creating more traffic in Newport Center due to the conversions and
that this is not accounted for in the traffic study. He believed that no exceptions should
be allowed and that transfer development rights violate Charter Section 423.
Newport Center Area Policies
Assistant City Manager Wood reviewed the proposed policies and the Planning
Commission's addition to the Conversion of Hotel Rooms Policy related to lost
revenue /Transient Occupancy Tax (TOT) resulting from the conversion. She added that
this applies to future hotel entitlements, not existing hotel rooms, and clarified that
this is in addition to the 450 units already authorized.
In response to Council questions, Planning Director Temple confirmed that, in order to
do the conversion, the property owner would need to amend their site plan. Assistant
City Manager Wood indicated that the 450 units are spread throughout Newport
Center (Figure LU9). Council Member Selich recommended showing this as multi-
family residential instead of mixed use.
Phil Arst believed that the conversion of hotel rooms to dwelling units violates
Greenlight and that The Irvine Company is getting special dispensation.
Sandra Genis asked if the conversion deals with peak trips or average daily trips, and
asked that the impacts to water, schools, and parks also be considered. She noted that
the City will not receive park fees if subdivisions aren't involved.
Assistant City Manager Wood reported that the Planning Commission recommended
language that requires a development agreement for conversions of hotel rooms. She
indicated that the municipal code already requires a development agreement for
timeshares and fractional units. She confirmed that the policy already includes
language relative to being traffic neutral; however, if the dwelling units are increased
beyond the base level that the General Plan allows, Charter Section 423 would apply.
Council Member Selich suggested that the conversion policy be deleted.
Dan Miller, The Irvine Company, stated that they are considering a plan for the San
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Joaquin area and noted that this would provide them the flexibility to convert some of
the entitled hotel rooms to residential units. He stated that they understand that all
the issues will be handled in the development agreement.
City Attorney Clauson indicated that, if the conversion was within the permitted units
in the General Plan, Charter Section 423 would not apply; however, Mr. Arst is
probably correct that Charter Section 423 would apply if there are more than 450
units. Council Member Selich recommended that additional analysis be included in the
General Plan Update relative Charter Section 423.
Corona del Mar
Assistant City Manager Wood reported that the property owner of the three properties
at the far east end of Corona del Mar on Coast Highway was contacted and agreed to
the change of designation for the vacant lots from neighborhood - commercial to multi-
family residential, but would like the third lot to remain neighborhood - commercial.
Council Member Nichols asked if the residents can vote on the commercial designation
along Coast Highway. Assistant City Manager Wood discussed the special policy for
Corona del Mar to allow existing non - conforming structures to remain and added that
this has already been discussed by the Planning Commission and Council. It was the
consensus of Council to not change the special policy.
Harbor Day School
Assistant City Manager Wood indicated that the school would like to expand the facility
but not the student population. She reported that staff is recommending that the
designation be private - institution with a FAR of .35. There were no objections from
Council.
Land Use Category Table and Map
Senior Planner Ramirez utilized a PowerPoint to explain the land use mapping
categories.
New Residential Subdivision
Senior Planner Ramirez reported that the New Residential Subdivision Policy was
drafted to limit any new additional dwelling units due to Charter Section 423. Council
Member Daigle believed that this policy was due to the Belcourt Project and that this
should only pertain to planned communities and not be Citywide. Assistant City
Manager Wood indicated that every General Plan Amendment becomes a Charter
Section 423 issue because the City needs to track any unit added for ten years. She
reported that this policy is a cleaner way for the City to ensure they were complying
with Charter Section 423 and keeping with the level of specificity in the General Plan
today.
Planning Director Temple emphasized that this is not a change since the current
General Plan establishes specific dwelling unit limits area -by -area and this policy is
currently being applied throughout the City. Assistant City Manager Wood noted that
people currently aren't allowed to subdivide single - family lots because the General Plan
limits the number of dwelling units. She reported that, for the majority of the City,
resubdividing is not permitted because of how the General Plan is written.
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Mayor Webb expressed concern about allowing legally merged lots to be exempt from
the General Plan and be allowed to resubdivide. Senior Planner Ramirez explained the
reasoning behind the Planning Commission's recommendation. He noted that the
General Plan doesn't include numbers. City Attorney Clauson clarified that lots can be
combined, but cannot be further broken down due to the Subdivision Map Act. She
discussed the process to make the dwelling a legal dwelling unit, but emphasized that
this is on a lot -by -lot basis.
Senior Planner Ramirez discussed the mapping designation for the commercial areas in
which the FAR is listed on the map. He explained why the anomaly table is still
needed. Assistant City Manager Wood confirmed that the amount of entitlement is a
certain amount for the whole block and is not calculated by parcel. City Attorney
Clauson clarified that a lot line adjustment cannot be done if the number of lots results
in more lots than what was started with.
It was the consensus of Council to follow the Planning Commission's recommendation
to allow legally merged lots to resubdivide.
Dan Miller, The Irvine Company, received clarification from Assistant City Manager
Wood that the Planning Commission's recommendation deals with additional units
beyond the General Plan. Regarding hotel rooms, she confirmed that they would be
already counted in the General Plan if the units were authorized.
Jan Vandersloot agreed with the no resubdivision policy and applying it Citywide which
is similar to the current General Plan.
Sandra Genis received clarification from Assistant City Manager Wood that the
anomaly table (Table A2) is still being finalized. She further clarified that Table Al has
been replaced by the information shown graphically on the map and is no longer
needed, and Table A2 will be in the body of the Land Use Element.
Circulation Element
Assistant City Manager Wood reported that, at Riverside and Coast Highway, it may be
feasible to add a second eastbound turn lane (Figure CE3). She stated that this would
amend Policy 2. 1.1 and one of the intersections would change to Level of Service D
(LOS D). She noted that this would not be an amendment over what the City has
today. There were no objections from Council.
Assistant City Manager Wood indicated that, at Dover and Coast Highway, a fourth
westbound through lane would cause the loss of the free right turn lane from
westbound Coast Highway onto Dover. Further, the City would need significant right -
of -ways to accomplish the improvements. She indicated that staff feels this is infeasible
and is not recommending the improvement. She confirmed that this will leave Dover to
operate at LOS E and that the bridge was not designed to be widened.
Jan Vandersloot believed that LOS D can be achieved at Dover Drive by restriping the
highway to get the fourth lane. He asked why the right turn lane is needed and why
the solution is in the Circulation Element if it isn't feasible.
Transportation/Development Services Manager Edmonston reported that the current
plan is substandard by Caltrans standards and that there is no room to restripe for the
fourth lane. He explained that the centerline cannot be moved from Dover to
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McDonald's because that is where the third eastbound lane will eventually be located.
Without objection, it was the consensus of Council to allow LOS D at Riverside and
Coast Highway, and LOS E at Dover and Coast Highway.
Assistant City Manager Wood reported that staff has learned that some of the right -of-
way at Campus and Bristol may be available after JWA expands and the remaining
right -of -way would be located at the end of the County golf course. She indicated that
the improvement to create a third southbound right turn lane and a fourth northbound
through lane is feasible and would make it LOS D instead of LOS E.
With the exception of Council Member Nichols, no other Council Member wished to
consider six lanes in Corona del Mar at Goldenrod and Marguerite.
Assistant City Manager Wood confirmed that the intersections being considered to have
LOS E are Coast Highway/Marguerite, Coast Highway /Goldenrod, Coast
Highway /Dover, and the shared intersections with Irvine since their standard is LOS E.
Sandra Genis expressed concern with how land use and traffic coordinate, specifically
with the mixed use concept. She referenced the ITE Study and noted that recent
versions of ITE's trip generation do not include information on mixed use sites. She
believed that this means that there will be more intersections at LOS E.
Jan Vandersloot asked why the City is accepting Irvine's LOS E standard and believed
that the standard should be LOS D.
Phil Arst noted that there is no updated Circulation Element and expressed concern
about the mixed use concept. He stated that he has not seen allowances in the traffic
study for the density bonuses. He emphasized that Greenlight measures peak hour
trips and that these calculations should be included in the traffic study.
Without objection, the Campus and Bristol intersection plan was accepted by Council.
Housing Element
Assistant City Manager Wood noted the goal of having 20% of all units be affordable
housing; however, staff and the Planning Commission is recommending 15% because of
the added opportunities for residential development in the proposed General Plan. She
confirmed that the City will still meet the Regional Housing Needs Assessment (RHNA)
goals over the 20 year period, but if not, the City can redo the Housing Element every
five years.
Regarding how to implement the inclusionary requirement, Assistant City Manager
Wood indicated that the City can adopt an inclusionary housing ordinance or require
developers to prepare an Affordable Housing Implementation Plan (AHIP). She
reported that the Planning Commission recommended that the AHIP be used so that
projects of 50 units or less can prepare the AHIP or pay an in lieu fee, and projects of
over 50 units would be required to prepare an AHIP.
Sandra Genis believed that including Banning Ranch in the totals is problematic, noted
that there is no mention of second family units, and urged Council to adopt the
inclusionary housing ordinance. Assistant City Manager Wood clarified that the only
instance in which the Housing Element is suggesting no density bonus is for the 15%
or 20% that are required to be affordable housing and reviewed State law about
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developers who agree to provide affordable units
Phil Arst expressed concern that the maximum number of dwelling units is not stated
in the report and that the main focus seems to be on affordable housing. He asked that
the City use its current entitlements to justify affordable housing.
In response to Mayor Webb's questions about Banning Ranch, Assistant City Manager
Wood indicated that they are talking with the property owner and hope to bring an
agreement before Council at the July 11 Council meeting that would allow the City to
purchase the site in 4 to 5 years for development as shown in the General Plan.
Without objection, it was the consensus of Council to choose the 15% amount of
affordable housing and to require AHIP.
Jan Vandersloot believed that five years is not enough time to purchase Banning
Ranch.
L. PUBLIC. COMMENTS
Jan Vandersloot believed that the report that was issued to the General Plan Advisory
Committee (GPAC) in December 2002 by the Chamber Group should be included in the
Environmental Impact Report (EIR) comments.
M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
34. PLANNING COMMISSION AGENDA FOR JUNE 22, 2006. [100 -20061
Planning Director Temple reviewed the following Planning Commission items: Macklin
Residence - 6 Barrenger Court (PA2006 -088); Steadfast Investment Properties - 4343
Von Karman Avenue (PA2005 -293); and General Plan Update: Land Use Element and
Maps.
O. CONTINUED BUSINESS (Continued)
36. APPOINTMENTS TO BOARDS & COMMISSIONS. [100 -20061
City Clerk Harkless read the ballot votes for the Board of Library Trustees as follows:
Theresa Chase (Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb)
City Clerk Harkless announced that Theresa Chase has been reappointed to the Board
of Library Trustees.
City Clerk Harkless read the ballot votes for the City Arts Commission as follows:
Gilbert Lasky (Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb)
City Clerk Harkless announced that Gilbert Lasky has been reappointed to the City
Arts Commission.
City Clerk Harkless read the ballot votes for the Harbor Commission as follows:
Timothy Collins (Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb)
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John Corrough (Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb)
Tom Houston (Selich, Rosansky)
Scott Ramser (Ridgeway, Daigle)
Karen Rhyne (Curry, Mayor Webb)
Mark Sites (Nichols)
City Clerk Harkless announced that Tim Collins and John Corrough have been
reappointed to the Harbor Commission, and second ballots will be distributed to vote
between Tom Houston, Scott Ramser, and Karen Rhyne.
City Clerk Harkless read the ballot votes for the Parks, Beaches and Recreation
Commission as follows:
Barbara Durst - Taylor (Nichols)
Marie Marston (Ridgeway, Daigle, Mayor Webb)
Robert Rush (Nichols)
Gregory Ruzicka (Curry, Selich, Rosansky, Ridgeway, Daigle, Mayor Webb)
Cristine Trapp (Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb)
Jack Wu (Curry, Selich, Rosansky)
City Clerk Harkless announced that Gregory Ruzicka has been reappointed and
Cristine Trapp has been appointed to the Parks, Beaches and Recreation Commission,
and second ballots will be distributed to vote between Marie Marston and Jack Wu.
City Clerk Harkless read the ballot votes for the Harbor Commission as follows:
Tom Houston (Selich, Rosansky)
Scott Ramser (Ridgeway, Daigle, Nichols)
Karen Rhyne (Curry, Mayor Webb)
City Clerk Harkless announced that third ballots will be distributed to vote between
Tom Houston, Scott Ramser, and Karen Rhyne since four votes are required for
appointment.
City Clerk Harkless read the ballot votes for the Parks, Beaches and Recreation
Commission as follows:
Marie Marston (Ridgeway, Daigle, Nichols, Mayor Webb)
Jack Wu (Curry, Selich, Rosansky)
City Clerk Harkless announced that Marie Marston has been appointed to the Parks,
Beaches and Recreation Commission for a term expiring June 30, 2009, since she
received the least amount of votes between the three appointees.
City Clerk Harkless read the ballot votes for the Harbor Commission as follows:
Tom Houston (Selich)
Scott Ramser (Ridgeway, Daigle, Nichols)
Karen Rhyne (Curry, Rosansky, Mayor Webb)
City Clerk Harkless announced that fourth ballots will be distributed to vote
between Scott Ramser and Karen Rhyne since four votes are required for appointment.
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19
City Clerk Harkless read the ballot votes for the Harbor Commission as follows
Scott Ramser (Ridgeway, Daigle)
Karen Rhyne (Curry, Selich, Rosansky, Nichols, Mayor Webb)
City Clerk Harkless announced that Karen Rhyne has been appointed to the Harbor
Commission.
S38. NEWPORT RIDGE PARK AND CRESTRIDGE PARK - DECISION
REGARDING ACCEPTANCE OR REJECTION OF ALL OR PARTS OF AN
IRREVOCABLE OFFER OF DEDICATION (IOD). 1100 -20061
Council Member Curry explained why he is recommending Option 3 of Attachment F
and believed that Option 1 would generate litigation against the City.
Council Member Daigle noted that there is no written policy on how to handle field use
on a facility that the City assumes ownership of and is already regularly used.
Regarding Council questions about improving the ball field and the budget allocation,
City Attorney Clauson clarified that the cost associated with the Newport Coast
Community Center is only to relocate the field and not replace the grass. She indicated
that she is not sure how many acres the ball fields encompass because the legal
descriptions have not been finalized. City Manager Bludau reported that the current
field is not up to City standards and noted that the turf and grass need to be replaced.
Council Member Ridgeway agreed that the baseball leagues cannot use the fields
because of the current condition of the grass and how they're configured. He believed
that Option 1 is consistent with the Irrevocable Offer of Dedication (IOD) policy and, if
the City is going to provide for the youth of the community, it needs to take over at
least the baseball fields.
Dan Wampole, Newport Ridge Homeowners Association, agreed that the grass is not
good for playing sports. He indicated that the Association would prefer Options 4 or 6,
but can support Option 3. He added that there should be a City sidewalk along Lot C,
similar to the public accessway mentioned in Option 1, and requested that the
Association be allowed to fence in the private family recreation area. He noted that
Option 1 would get the City into litigation. He stated that they would agree to the
Option 3 operating agreement having a provision to prohibit signs that said "Private
Park" or "No Trespassing ".
Mayor Pro Tem Rosansky expressed concern about finalizing anything without
reviewing the final operating agreement. Mr. Wampole noted that Option 3 has a
provision for the City to accept the IOD at anytime in the event the Association does
not comply. He requested that Council approve Option 3 upon receiving an acceptable
operating agreement.
By a straw vote of 4 (Curry, Selich, Rosansky, Nichols) to 3 (Ridgeway, Daigle, Mayor
Webb), Council agreed to proceed with Option 3.
In response to Council questions about Option 3, Mr. Wampole discussed how they
believe they will expand field use by 50 %. He also reported that the Association wasn't
thinking about renovating the fields at this time, and the public will be allowed to use
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R
the restroom facilities if field use is only expanded 50 %. Council Member Daigle
expressed concern about how the Association is going to maintain the fields. Council
Member Curry believed that Mr. Wampole is trying to get Field 2 upgraded for
community use and that upgrading the fields is the City's option.
Mayor Webb directed staff to bring this issue back to Council at the August 8 meeting.
MOTION FOR RECONSIDERATION - None
ADJOURNMENT - at 1:15 a.m. on Wednesday, June 28, 2006
The agenda for the Regular Meeting was posted on June 21, 2006, at 3:25 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 June 23, 2006, at 2:00 p.m. on the City Hall Bulletin Board located outside
of the City of Newport Beach Administration Building.
�rr '
City Clerk
Recording Secretary
Mayor
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