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HomeMy WebLinkAbout06/13/2006 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting June 13, 2006 — 7:00 p.m. STUDY SESSION - 3:00 p.m CLOSED, - 6:00 p.m. A. RECESSED. AN-D RECONVENED.AT.7_00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Excused: Council Member Curry C. CLOSED-SESSION. REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Nichols E. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society F. PRESENTATIONS Youth Council Presentation. Zan Marigolis, Vice Chair of the Youth Council, acknowledged the Youth Council students in attendance at the current meeting. Using a PowerPoint presentation, Ms. Marigolis explained the responsibilities and purpose of the Youth Council. She described some of the events that took place during the past year, and thanked those that have supported the program. Beach Clean -Up Presentation. Four students from Mr. Morlan's Newport Harbor High School environmental surf class described their experiences with cleaning up the beaches through a program offered by the Earth Resource Foundation. The students included Alex Gonzalez, Justin Adams, Taylor Allee and Grant Mitchell. They made several suggestions for keeping the beaches clean, and were commended for their efforts. Library Foundation Presentation of Check. Tom Edwards, Chairman of the Library Foundation, presented a facsimile check in the amount $111,823 to the Mayor and Harry Hamilton of the Board of Library Trustees. Special recognition was given to Mr. Hamilton, who recently submitted his letter of resignation. Mr. Hamilton thanked the City Council for their support. OASIS Presentation. Ed Romeo, President of the Friends of OASIS, provided copies of the letter from the Friends to the City Manager, dated May 24, 2006, regarding the refurbishment and future replacement of the OASIS Senior Center. Additionally, he presented a resolution recently adopted by the Friends' Board of Directors requesting that funding towards the endeavor be included in the City's 2006 -07 budget. Orange County Section of the American Planning Association (OCAPA) Awards. Volume 57 - Page 686 City of Newport Beach City Council Minutes June 13, 2006 K Outstanding Planning Implementation Award (Small Jurisdiction) - Sign Regulations and Sign Design Guidelines. Outstanding Comprehensive Planning Award (Small Jurisdiction) - Local Coastal Program Coastal Land Use Plan. Planning Director Temple displayed the awards and expressed her pride in the City receiving such recognition. She acknowledged those who contributed to the efforts. Mayor Webb introduced Ana Contreras, the City's new representative from The Daily Pilot. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR _MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION yACTION _OR. REPORT (NON- DISCUSSION.ITEMj; Council Member Daigle announced that she recently threw out the "first pitch" of the Newport Beach Little League Championship game. She commended the Little League program. Both Council Member Selich and Mayor Pro Tem Rosansky commented on the success of the Balboa Island parade held on June 4, 2006. Council Member Nichols announced that the groundbreaking for the Newport Coast Community Center recently took place. Mayor Webb announced that there are 87 days until the City's 100th birthday; and he shared a "Centennial moment ". Mayor Webb complimented the "Dredges to Dreamboats" exhibit at the Newport Harbor Nautical Museum, and recommended that the public take the opportunity to see it. Council Member Ridgeway requested that staff look at a joint use project with the Balboa Market for a parking structure that would benefit both private and public interests. I. CONSENT CALENDAR READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MAY 23, 2006. 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 INTROD UCTION 3. MULTIPLE VESSEL MOORING SYSTEM PILOT PROGRAM. (100 -20061 Introduce Ordinance No. 2006 -15 related to Moorings, and pass to second reading on June 27, 2006. RESOLUTIONS FOR ADOPTION 4. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF Volume 57 - Page 687 City of Newport Beach City Council Minutes June 13, 2006 SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD, BACK BAY DRIVE, SELECTED PARKING LOTS, AND SELECTED FEEDER STREETS FOR THE JULY 4TH HOLIDAY. [100 -20061 Adopt Resolution No. 2006 -41. 5. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR SHORTENED FISCAL YEAR 2005 -2006, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2006 -2007. [100 -20061 1) Approve the Annual Report for the shortened 2005 -2006 Corona del Mar Business Improvement District Fiscal Year; and 2) adopt Resolution of Intention No. 2006 -42 to levy Assessments for FY 2006 -2007, and set the public hearing for June 27, 2006. 6. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR SHORTENED FISCAL YEAR 2006, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2006 -2007. 1100 -20061 1) Approve the Annual Report for the shortened 2006 Marine Avenue Business Improvement District Fiscal Year; and 2) adopt Resolution of Intention No. 2006 -43 to levy Assessments for FY 2006 -2007, and set the public hearing for June 27, 2006. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR SHORTENED FISCAL YEAR 2006 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR OF JULY 1, 2006 TO JUNE 30, 2007. 1100 -20061 1) Approve Restaurant Association Business Improvement District shortened Fiscal Year 2006 Annual Report; and 2) adopt Resolution of Intention No. 2006 -44 and set the public hearing for June 27. 2006. 8. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2006 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2007. 1100- 20061 1) Approve Balboa Village Business Improvement District FY 2006 Annual Report; and 2) adopt Resolution of Intention No. 2006 -45 and set the public hearing for June 27. 2006. CONTRACTS. AND AGREEMENTS 9. APPROVAL OF A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CALIFORNIA COASTAL COMMISSION FOR CORONA DEL MAR STATE BEACH REPLENISHMENT FUNDS (C- 3846). [381100 -20061 Authorize the City Manager to execute an MOU with the California Coastal Commission for sand replenishment projects in the Crystal Cove Littoral Subcell with a first priority project at the east end of Corona del Mar State Beach. 10. NEWPORT SHORES PAVEMENT REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3721). [381100 -20061 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve a budget amendment (06BA -072) transferring $5,000 from State Gas Tax unappropriated fund balance to 7181- C5100769 to cover additional soils testing Volume 57 - Page 688 City of Newport Beach City Council Minutes June 13, 2006 required to be performed 11. WEST NEWPORT PAVEMENT REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3723). [381100 -2006] 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. 13. IRVINE AVENUE AND DOVER DRIVE 24" WATER MAIN - AWARD OF CONTRACT (C- 3708). [381100 -2006] 1) Approve the plans and specifications; 2) award the contract (C -3708) to Vadnais Corporation for the total bid price of $2,827,049 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $300,000 to cover the cost of unforeseen work and $50,000 for materials testing and geotechnical services. 14. PURCHASE OF A 5 -TON BRIDGE CRANE FOR BUILDING W AT THE CORPORATION YARD (C- 3847). [381100 -2006] Approve the contract with Otto Systems for the purchase and installation of the bridge crane at the cost of $59,238. 15. AGREEMENT WITH ORANGE COUNTY STRIPING SERVICES, INC. FOR ON -CALL STREET STRIPING AND SIGN INSTALLATION (C- 3848). [381100- 2006] Approve the contract with Orange County Striping Services, Inc. for street striping, pavement and curb marking, and sign installation on an on -call basis. 16. PROPOSED MODIFICATIONS TO CITY ATTORNEYS EMPLOYMENT AGREEMENT (C- 3744). [381100 -2006] Approve a two year employment agreement with the City Attorney, which includes a 5% salary increase, effective June 1, 2006, and a 5% salary increase the second year, effective June 1, 2007. MISCELLANEOUS 18. BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION OF NOMINEES. [100 -20061 1) Accept the resignation of Allen Doby, Parks, Beaches & Recreation Commission, effective June 1, 2006, and approve the recommendation of the Ad Hoc Appointments Committee to fill the vacancy in conjunction with the scheduled vacancies; 2) accept the resignation of Harry Hamilton, Library Board of Trustees, effective June 30, 2006, and direct the City Clerk to advertise the vacancy pursuant to Council Policy A -2 and direct the currently appointed ad hoc Appointments Committee (Mayor Pro Tem Rosansky and Council Members Daigle and Selich) to review the applications and recommend nominees to the full Council; and 3) confirm the nominations made by the Ad Hoc Appointments Committee (as listed in staff report). 19. REQUEST FOR ADDITIONAL FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 87 (BIG BALBOA ISLAND). [891100 -2006] Authorize a budget amendment (06BA -073) from General Fund Unappropriated Reserves in the amount of $31,800 to Assessment District No. 87, Account No. 74087 -9810 for electrical design. 20. AUTHORIZE THE PURCHASE OF REPLACEMENT COMPUTER SERVERS FOR USE BY THE ORANGE COUNTY INTEGRATED LAW AND JUSTICE PROGRAM. [100 -2006] Authorize the purchase of six (6) PowerEdge Computer Volume 57 - Page 689 City of Newport Beach City Council Minutes June 13, 2006 Servers from Dell for use by the Orange County Integrated Law and Justice Program in the amount of $42,431.34 (funding through the 2002 COPS Technology Grant). 21. ACCEPTANCE OF URBAN AREAS SECURITY INITIATIVE (UASI) GRANT FUNDS FOR TRAINING COSTS. [100 -20061 1) Accept funds ($50,173) from the UASI Grant (06BA -074) for reimbursing training related costs associated with Department of Homeland Security (DHS) courses for the Police & Fire Departments; 2) authorize the establishment of a revenue account to facilitate the administration of the UASI Grant Funds; and 3) authorize the Chief of Police to sign the FY05 Santa Ana Allowable Purchase Pre - Approval Form, accepting the Grant Training Allocation. 22. DBE SUBMITTAL. [100 -20061 1) Approve the DBE Program for the City of Newport Beach for Federal Fiscal Year beginning October 1, 2006 and ending September 30, 2007; 2) authorize the Public Works Director to submit the approved DBE Program to Caltrans staff; and 3) designate Bill Patapoff, City Engineer, as the City's DBE Liaison Officer. 23. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY2005/2006 EXPENDITURE ACCOUNTS. [100 -20061 Approve a budget amendment (06BA -076) to increase revenue estimates by $111,823 in Account No. 4090 -5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation) and 4060 (Literacy). 24. APPROVAL OF STOCK TRANSFER BY EIP ASSOCIATES, INC. (C- 3620). [381100 -20061 Approve transfer of 100% of EIP Associates, Inc. stock to PBS &J, pursuant to Paragraph 14 of Professional Services Agreement dated June 10, 2003. Mayor Webb suggested that the approval of Item No. 33 be included in the Consent Calendar motion. No objections were heard. Council Member Daigle confirmed that City Attorney Clauson did not have any comments regarding the staff recommendation on Item No. 33. Council Member Nichols expressed his support for the action recommended for Item No. 9. Motion by Mayor Pr_o Tem Rosansky to approve the Consent Calendar and Item No. 33 under Current Business, with the exception of those items removed from the Consent Calendar (12, 17 and 25). The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry J. ITEMS REMOVED FROM THE CONSENT CALENDAR 12. FLASHING CROSSWALK AT COAST HIGHWAY AND ORCHID AVENUE - AWARD OF CONTRACT (C- 3831). [381100 -20061 Council Member Nichols asked if the crosswalk would be tied in with the stoplight system so that traffic is not automatically stopped on Coast Highway. Public Works Director Badum explained that the proposed lighted crosswalk system enhances the Volume 57 - Page 690 City of Newport Beach City Council Minutes June 13, 2006 ability for a pedestrian to cross the street at that location and is not coordinated with the signals. Council Member Nichols expressed support for the system, but stated that it should be coordinated with the traffic signals. Motion by Council.-Member Ridgeway to 1) approve the plans and specifications; 2) award the contract (C -3831) to Steiny & Company for the total bid price of $107,816 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $10,780 to cover the cost of unforeseen work; and 4) approve a budget amendment (06BA -071) appropriating $51,596 from the unappropriated balance of the Transportation and Circulation Fund to Account No. 7261- C5200838 and transferring $34,000 from the Newport Boulevard/Balboa Boulevard Merge Area Pedestrian Improvement Project (7181- C5200833) to the Flashing Crosswalk at Coast Highway and Orchid Project (7181- C5200838). The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Abstain: Council Member Nichols Absent: Council Member Curry 17. CONTRACT FOR PURCHASE AND INSTALLATION OF SHADE STRUCTURES AT BONITA CANYON SPORTS PARK (C- 3849). [381100 -2006) Council Member Ridgeway stated that he'd like more information before voting on the matter. Specifically, he requested that the location and orientation of the shade structures, the field that they are related to and the letters of support mentioned in the staff report be provided. Motion by CounciL.Member Ridgewy to continue the item to the City Council meeting of June 27, 2006. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry 25. AUTHORIZE PURCHASE OF ADDITIONAL TASERS TO FULLY EQUIP ALL UNIFORMED FIELD POLICE OFFICERS WITH THE DEVICE. 1100120061 In response to Council Member Nichols' question, Police Chief McDonell stated that Tasers provide an alternative to other weapons. Council Member Nichols stated that the community should be aware that these devices will be used by Newport Beach police officers. Motion by Council.Member Nichols to authorize the sole purchase of 43, X -26 Tasers and replacement cartridges in the amount of $39,191 to fully equip uniformed field personnel with this less lethal device. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Volume 57 - Page 691 City of Newport Beach City Council Minutes June 13, 2006 Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry K. PUBLIC HEARINGS 26. FISCAL YEAR 2006 -07 PROPOSED BUDGET HEARING. [100 -20061 Administrative Services Director Danner provided a brief staff report. Council Member Ridgeway confirmed with City Manager Bludau that the budget would also be discussed at the City Council meeting of June 27, 2006, and that changes could be made at that meeting prior to the budget adoption. Mayor Webb explained the budget "checklist" and received clarification from Administrative Services Director Danner regarding the Capital Improvement Program (CIP) rebudgets. It was also clarified that the budget "checklist" could also be changed prior to its approval at the meeting on June 27, 2006. The Council Members were encouraged to contact staff with any additions or changes to the list. Mayor Webb read from the budget checklist, as provided at the Study Session held earlier in the day. General comments by the Council Members were made on several of the supplemental budget items as he read the list, and clarifications were provided where requested. It was the consensus of the Council Members that the items that reoccur on the budget checklist every year should be included in the proposed budget in future years. Council Member Selich requested that the Corona del Mar median project be included on the checklist. Mayor Webb opened the public hearing. Hearing no comments, Mayor Webb closed the public hearing. 27. 2006 -07 APPROPRIATION LIMIT HEARING. [100 -20061 Administrative Services Director Danner provided a brief report regarding the requirement to set an appropriation limit, and noted that the City is approximately $20 million below its limit. Mayor Webb opened the public hearing. Hearing no comments, Mayor Webb closed the public hearing. Motion by Mayor Pro Tern Rosansky to adopt Resolution No. 2006 -46 approving the City's Appropriation (Gann) Limit for the 2006 -07 fiscal year in the amount of $125,314,360. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry 28. 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 -20061 Volume 57 - Page 692 City of Newport Beach City Council Minutes June 13, 2006 Motion by Council Member. Ridgeway to approve Code Amendment 2006 -004 by introducing Ordinance No. 2006 -16 and pass to second reading on June 27, 2006. Mayor Pro Tern Rosansky confirmed that the proposed ordinance would not create an exception to the City's provisions regarding cell towers, and it was further clarified that it pertains to private light standards only. Mayor Webb opened the public hearing. Hearing no comments, Mayor Webb closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry 29. GENERAL PLAN UPDATE: LAND USE AND CIRCULATION ELEMENTS, DRAFT ENVIRONMENTAL IMPACT REPORT AND IMPLEMENTATION PROGRAM. [681100 -2006] Planning Director Temple provided a summary of the information contained in the staff report for the "other land use changes ". These nine subareas included the Lido Isle area, the Balboa Peninsula /Balboa Island area, which includes West Newport, Balboa Island, Balboa Peninsula and Beacon Bay, the Irvine Avenue area, the Westcliff Drive /Dover Drive area, the MacArthur Boulevard CalTrans parcel, a State Route 73 remnant, San Miguel Drive at Harbor View Nature Park, Pacific View Drive senior residential site, and the West Newport Mesa congregate and convalescent care facilities. She also displayed maps showing the location of many of the areas. George Schroeder spoke in opposition to the changes being recommended for the area west of the Newport Pier, stating that it takes away the right of the property owners to build duplexes on their properties. He requested that the affected property owners be contacted and that their input be received prior to the recommended changes being made. Council Member Ridgeway agreed that notification should be made and that a meeting should be held. City Attorney Clausen expressed concern for providing individual property notice on the General Plan for this area of the City only, but agreed that there could be a community meeting outside of the public hearing context. Nancy Gardner, General Plan Advisory Committee (GPAC) Co- Chair, expressed support for such an outreach effort also. Carol Martin expressed support for continuing to allow two - family development in the Balboa Peninsula area, and she requested clarification on what is being proposed. Council Member Ridgeway confirmed that no changes are being recommended for the area. Assistant City Manager Wood explained that the reference to Lido Isle in that area's discussion in the staff report may have caused the confusion, since a residential density cap is being considered for Lido Isle. Planning Director Temple asked if the City Council desired to make any changes to the Planning Commission recommendations. It was the consensus of the Council Volume 57 - Page 693 City of Newport Beach City Council Minutes June 13, 2006 Members to make no changes, with the exception of Council Member Ridgeway who reserved the right to make changes after his meeting with the property owners, as previously discussed. Planning Director Temple summarized the information contained in the staff report regarding the four land use policies and the Planning Commission's recommendations for each. The first policy addressed the transfer of development rights. Council Member Selich suggested that the transfer of development rights be tied in with development agreements. Planning Director Temple stated that the second policy addresses non - conforming structures in Balboa Village and that the Planning Commission was not able to reach consensus on the matter. Council Member Ridgeway confirmed that non- conforming structures can be built as a matter of right in the specific plan and that the Floor Area Ratio (FAR) in the Balboa Village area is .5 to 1. Council Member Ridgeway suggested that the reconstruction of non - conforming structures be allowed. No objections to the suggestion were heard. Planning Director Temple stated that the third policy addresses floor area ratio for Corona del Mar. The fourth policy relates to public facilities and private recreation land use categories. A handout was provided with a suggested revision to the parks and recreation designation, that was recommended by staff after the Planning Commission meeting. This recommendation adds language for golf courses to include support facilities for grounds maintenance employees. Assistant City Manager Wood noted the correspondence from Big Canyon Country Club, dated June 6, 2006, and included with the staff report, and the request to also increase the gross floor area in the anomaly table from 65,000 to 75,000 square feet. It was the general consensus of the Council Members to support the staff recommendation and the request of the Big Canyon Country Club. Mayor Webb requested that a time limit for Banning Ranch remaining as open space be added. Assistant City Manager Wood confirmed that staff has been working with the property owners on a letter of understanding and will prepare a recommendation for City Council consideration at the meeting on June 27, 2006. Planning Director Temple noted the land use policy comparison table provided with the staff report, and reported that the Planning Commission is recommending a change to Policy LU 3.3 to include non -water marine - dependent uses in the list of industrial properties in the West Newport area. Assistant City Manager Wood introduced the Circulation Element and noted one change to the information provided in the staff report. This was to add back a sentence in the roadway classification system section that reads, "any development projects submitted to the City for consideration will also be required to conduct more detailed peak hour analysis at all potentially impacted intersections ". There were no objections to the change by the Council Members. Mayor Webb referred to the late handout with the proposed addition of Policy CE 2.1.6 in response to a letter from the Harbor View Hills Community Association. The new policy addresses the addition of lanes on MacArthur Boulevard. Barry Allen referred to the letter from the Harbor View Hills Community Association, dated May S, 2006, and included with the staff report, and requested Volume 57 - Page 694 City of Newport Beach City Council Minutes June 13, 2006 that public hearings be held before both the Planning Commission and the City Council, and not just the City Council, before lanes on MacArthur Boulevard are added. Additionally, he requested that language be added to address the traffic from Corona del Mar Plaza. Assistant City Manager Wood suggested that the language in the policy be changed to read, "...lanes are constructed only when the daily volume to capacity ratio equals 1.0 in that section of MacArthur Boulevard, not counting the traffic from Corona del Mar Plaza ". It was the general consensus of the Council Members to support the recommendations of Mr. Allen and Assistant City Manager Wood. Assistant City Manager Wood additionally noted the proposed revisions regarding the equestrian trail in Santa Ana Heights provided in the same late handout and also the correspondence that was received from Buck Johns and the County and provided prior to the current meeting regarding the matter. She explained that deleting Figure CE5 from the Master Plan means that the City is not amending its General Plan without approval from the County. Lastly, she noted that comparison tables were also provided with the staff report for the Circulation Element. Dr. Jan Vandersloot expressed his opposition to changing the Level of Service (LOS) from 'D" to "E" at the Riverside Avenue /Coast Highway and Dover Drive /Coast Highway intersections. Additionally, he requested that the Newport Heights Improvement Association and the Cliff Haven Association be contacted and given the opportunity to provide comments. Mayor Webb expressed concern for the improvements that would need to be made in order to maintain a LOS "D" at the intersections. Assistant City Manager Wood additionally explained that LOS "D" is the goal whenever possible, with the exception of the intersections listed in Policy CE 2.1.1 that are either in the airport area and affected by regional traffic or in areas where the improvements would impact the pedestrian environment. Mayor Pro Tem Rosansky agreed with the comments of Dr. Vandersloot. Mayor Webb suggested that the issue return to the City Council for further review and additional information be provided on the improvements that would need to be made. Carol McDermott expressed support for improvements to the intersections, but noted that there was a concern in the past for the increase in traffic going into the residential neighborhood that would result. Mayor Pro Tem Rosansky disagreed and stated that improving the intersections would make Coast Highway more efficient and, therefore, more desirable. Council Member Nichols noted the issues contained in his correspondence to the City Council regarding the Circulation Element, dated June 7, 2006. After a brief discussion, Mayor Webb asked if further review and additional information should also be provided for the Corona del Mar and Buck Gully issues, as requested by Council Member Nichols. It was the consensus of the Council Members not to do so. In response to Council Member Daigle's question, Assistant City Manager Wood stated that the correspondence from Harbor Day School, dated June 12, 2006, would be addressed at the City Council meeting on June 27, 2006. Additionally, she noted Volume 57 - Page 695 City of Newport Beach City Council Minutes June 13, 2006 the correspondence from the Catellus Development Group requesting that the Albertson's Center property be designated mixed use, instead of commercial. There was not a consensus to do so, and Council Member Ridgeway requested more information on the traffic impact of doing so. Assistant City Manager Wood stated that in regard to the implementation program, staff is recommending that it be rewritten in a more simplified, shorter fashion. She noted the examples provided in the staff report, and it was the consensus of the Council Members to support the change. Assistant City Manager Wood announced that this is the final day to receive comments on the draft Environmental Impact Report (EIR). It was confirmed that Council Member Nichols' letter would be included with the comments received. Dr. Jan Vandersloot provided documentation, and stated that the General Plan and the EIR reduce the significance and protection of Environmentally Sensitive Areas (ESAs) by changing the definition of ESA to "Environmental Study Areas ". He expressed his opposition to the change. And, secondly he stated that the EIR is inadequate if it doesn't evaluate the change. Council Member Ridgeway confirmed with Assistant City Manager Wood that staff would respond to the concern raised by Dr. Vandersloot, as it would to all of the comments received on the draft EIR. Phil Arst, Greenlight spokesperson, stated that Greenlight has submitted 32 to 34 pages of comments on the EIR, to date, and overall, finds the EIR lacking in a number of areas. He provided correspondence, dated June 13, 2006, and stated that it addresses a few of the major concerns raised by Sandra Genis, a consultant hired by Greenligbt. He stated that Greenligbt finds the EIR thoroughly flawed in almost every facet and that it fails to fulfill the purposes of CEQA. Laura Dietz, GPAC and EQAAC member, reported that EQAC reviewed the draft EIR and submitted approximately 20 pages of comments. Secondly, she noted that there is an increase in the number of seniors in the community, not children, and that this should also be taken into consideration. L. PUBLIC COMMENTS - None M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE.ACTIVITIES - None N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 30. PLANNING COMMISSION AGENDA FOR JUNE 1, 2006. [100 -2006] Received and filed written report. O. CONTINUED BUSINESS 31. NON - STANDARD IMPROVEMENTS AT 6707 AND 6709 SEASHORE DRIVE (contd. from 5/23/06). [100 -2006] Public Works Director Badum stated that the encroachment is in the public right -of- way area adjacent to the bike lane on Seashore Drive, and that its height and proximity to the bike lane impedes the safe operation of bicycles in the bike lane. In response to questions by the Council Members, he provided additional background Volume 57 - Page 696 City of Newport Beach City Council Minutes June 13, 2006 information on the improvements that have been made at the site. Motion_by.Council Member Ridgeway to 1) deny Encroachment Permit N2005- 0490 based on its non- conformance with provisions documented in Council Policy L- 6 and safety hazard potentials; and 2) direct staff condition the owner to remove all non - standard, unpermitted improvements from the public right -of -way fronting 6707 and 6709 Seashore Drive within 30 days. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry 32. REQUEST TO CONSTRUCT NONSTANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY - 3431 OCEAN BOULEVARD (contd. from 5/23/06). [100 -20061 In response to the comments made by Lawrence Tabak, the applicant, at the previous City Council meeting, Public Works Director Badum stated that additional research was done by staff, and it was found that although Gil Wong did make some notations on a conceptual plan, it was not an approval in concept for the project. Public Works Director Badum admitted that there might have been some miscommunication and stated that staff made the effort to resolve the issue by working on some compromises with the applicant's architect. He noted, however, the letter that was received from the applicant's attorney, dated May 31, 2006, and included with the staff report. He additionally noted that staff did prepare a response to this letter, and that it was being provided at the current meeting. In response to questions by the Council Members, Public Works Director Badum stated that the existing trash enclosure does make it difficult to maneuver a vehicle in and out of the garage. He also confirmed that other alternatives could have been utilized in the design of the home. Thomas Stewart, Fleetwood Joiner & Associates, the architects representing the applicant, provided a brief history of the sequence of events that the applicant went through. He requested that the City Council consider the fairness to Mr. Tabak and the unreasonable changes now being required by Public Works, and noted that resolution of the issue is holding up approval of the permit for the home itself. He asked the City Council to honor the initial approvals to proceed that were given at the beginning of the plan check process and to endorse the proposed encroachment as presented in the application. In response to questions of the Council Members, Mr. Stewart provided additional information and clarifications. Don Kazarian provided additional history on the encroachments in the area. Motion by Mayor Pro Tern Rosansky to 1) deny the Owner's request to construct non - standard encroachments, which includes, but are not limited to, retaining walls, caissons, landscaping, associated drainage, and appurtenances within the public right -of -way adjacent to the property located at 3431 Ocean Boulevard as presented on the latest grading plan received by staff; and direct owner to enter into an encroachment agreement with the City to maintain the existing walls and planters Volume 57 - Page 697 City of Newport Beach City Council Minutes June 13, 2006 encroachments in the public right -of -way to the satisfaction of the Public Works Department. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry P. CURRENT BUSINESS 33. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (OC CRUISER). [100 -2006] Approved the issuance of a permit to OC Cruiser to operate two vehicles for hire subject to conditions. [This item was taken out of order, and the action included with the motion approving the Consent Calendar.] S34. HARBOR VALUATION — THREE STUDIES (ECONOMIC EVALUATION, APPRAISAL, COST OF SERVICES STUDY) (C- 3850); BUDGET AMENDMENT (06BA -077). [381100 -20061 Assistant City Manager Kiff introduced the item and stated that the recommended action is a result of the discussion that took place at the Study Session held on January 10, 2006. He noted one change to the contracts and that was to change the expiration date of all three to December 31, 2006. Motion by Mayor Pro Tem Ro_.sansky to 1) authorize the City Manager to execute Professional Services Agreements in substantially similar form to the draft agreements, as revised to set the expiration date of all three contracts to December 31, 2006, with: A. Netzer & Associates for the appraisal of commercial tideland properties within Newport Beach; B. Maximus, Inc. to identify and analyze coat -to- service activities pertaining to City tidelands; and C. Professors Hanemann and DeShazo to conduct an economic analysis of the Lower Harbor and its assets; and 2) approve a budget amendment (06BA -077) in the amount of $119,500.00 from 010- 3605 to 0310 -8080 to fund these three agreements. Mark Sites suggested that the studies focus solely on the harbor and that an analysis of existing revenue streams attributed to the harbor also be done. He disagreed with the Harbor Commissioners being excluded from the study. Council Member Nichols confirmed with Mr. Sites that he is in support of the studies being conducted. City Attorney Clauson clarified that the Harbor Commissioners won't be excluded from the study, but due to potential conflicts of interest, they will be excluded from participating in the decision making process. Council Member Ridgeway asked if he and Council Member Selich, who own property on the water and pay residential pier fees, would be excluded from voting on anything related to the study. City Attorney Clauson stated that both could vote on the action at the current meeting, but that it will depend upon the results of the study and what issues will be addressed in the future on whether they can vote on future matters. The motion carried by the following roll call vote Volume 57 - Page 698 City of Newport Beach City Council Minutes June 13, 2006 Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Abstain: Council Member Nichols Absent: Council Member Curry Q. MOTION FOR RECONSIDERATION - None. R. ADJOURNMENT at 11:45 p.m. in the memory of H. Ross Miller. Mayor Webb also offered his condolences to the family of Kathleen Otting, who passed away on May 31st. The agenda for the Regular Meeting was posted on June 7, 2006, at 3:45 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 9, 2006, at 2:05 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. �.� ►i /�, City Clerk Recording Secretary Mayor Volume 57 - Page 699