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HomeMy WebLinkAbout01 - Minutes - 9-16-05 - 9-23-05 - 9-30-05September 13, 2005 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Special Meeting August 16, 2005 — 7:00 p.rr A. ROLL CALL Present: Council Member Selich; Council Member Rosansky; or Tem Webb; Mayor Heffernan; Council Member Ridgeway; Council Member Daiglund her ?Nichols B. PLEDGE OF ALLEGIANCE - Council Member Rid C. INVOCATION — Reverend Robert Jordan Rocs. NewpoUniversalist So"i D. CONTINUED BUSINESS Lf 1. REVIEW OF GENERAL PLAN UPDATE L. SE RECOMMENDATIONS AND SELECTION OF PREFERRED LAQ. USE PLAN/PROJECT DESCRIPTION FOR ENVIRONMENTAL IMPA ORT (EIR) [681100- 2005]. F1�` 4'„• VV t: Woodie Tescher, E1P Associates, lkilized V Ice�t presentation and highlighted the process, goals, and objectives fqr th'eceni g;- a pointed out that each General Plan area has recommendations Ad,a chart Oat shows the differences between staffs recom%en'3at qhA the General Plan Advisory Committee's (GPAC) recommendation. and tie existing Ge* al;Plan. Assistan!•60;blana66r Wcod,notedihat, starting on handwritten page 53, there are tables explaiioing the development capacity for today and at buildout with the existing General'Plk staffs re6b1iimendation, and GPAC's recommendation. It was'tl h`mnsensus.'a :tbe1Council to conduct straw votes on each of the areas discussed. •�,; A � escher d*tussed the GPAC recommendations and the Planning Commission rect ndatl6n to support the GPAC recommendation, but analyze R -2 in the EIR rathel�.thaLrmake a commitment to cut down the density at this time. He and Assista4 City Manager Wood responded to questions from Council regarding the mobiletiome park, terminology, development capacity, why staff recommended 19,000 square feet and GPAC reduced the square footage to 10,000, what the GPAC recommendations mean, and how it would be distributed. Philip Arst questioned whether this area is subject to a Greealight vote. Following staff receiving a description of the project, City Attorney Clausen indicated that she will bring back an analysis for Council consideration relative to what portion of the General Plan needs to go before the voters and in what context. Volume 57 - Page 382 City of Newport Beach Special Meeting Minutes August 16, 2005 Philip Bettencourt, GPAC member, recommended that staff get documentation relative to the Orange Coast River Park Plan. Motion by Council Member Rosanskv to support the GPAC recommendations, but consider Area D as R -2 for purposes of the EIR and Area B as Commercial with a 10,000 square foot maximum above the existing General Plan. Council Member Nichols expressed concern that it is premature to make decisions tonight. The motion carried by the following roll call vote: Ayes: Council Member Selich; Council Member Mayor Heffernan; Council Member Ridgeway; Member Nichols Banning Ranch Assistant City Manager Wood reported-.4 Ranch property owners on land use aArm that this area be discussed at the August 30 West Newport Industrial Mr. Tescher reviewed the to Costa Mesa and Hoag H GPAC's recommendations. Pro Tem Webb; Daigle: Council with-the Banning objection, requested the area's relationship Commission endorsed estate on 16th Street and stepped =d tbet a will review the Fair Political Practices o Cd w they relate to Council's properties when %'! ate. She reported that she will present the to the next meeting. Council Member Rosansky noted the West Newport Highway area and will change his a if it is found that he has a conflict of interest. >eway discussed the Regional Housing Needs Assessment requirement to provide its share of housing. Rosansky expressed concern with having five stories in the medical avor Pro Tem Webb to support the GPAC recommendations. The motion carried by the following roll call vote: Ayes: Council Member Selich; Council Member Rosansky; Mayor Pro Tem Webb; Council Member Ridgeway; Council Member Daigle; Council Member Nichols Old Newport Boulevard Mr. Tescher discussed the trends of the area and the GPAC recommendations. He Volume 57 - Page 383 City of Newport Beach Special Meeting Minutes August 16, 2005 reported that the Planning Commission suggested that Subarea A be allowed mixed use. Council Member Rosansky clarified that this area deals with the west side of Old Newport Boulevard, not Newport Boulevard, and expressed concern with three story buildings impacting residential areas. Assistant City Manager Wood stated that the Planning Commission recommended studying three story buildings on both sides of Old Newport Boulevard and then determine which side is more appropriate. Assistant City Manager Wood responded to questions r runoff and expansion for traffic capacity, and stated that this will be st ed in t IR. Motion by Council Memher Rosansky to support a recommendation with the addition of the Planning Commission recom ation ding studying three story buildings on both sides of Old NewportAo rd an g mixed use in the west side. The motion carried by the following roll call o�tr: q %3 iqy ii. � Ayes: Council Member Selich; Councif- Memb r:. "$c Mayor Pro Tern Webb; Mayor Heffernan; Council Member Ridgeway; Member Daigle Noes: Council Member Nichols Balboa Peninsula Mr. Tescher reviewed the subar(Liao's C cry Village, and McFadden F" : ' Square) and discussed the GPA reco =en i He clarified that Subarea F should be the same as NMcFad y� rSquare� *'1'le reported that the Planning Commission recomlmen4d that the rpdo 17arina Village be a potential site for mixed use. Motion ngil MopqWRidgeway to support the GPAC recommendations, add the Plannmt.. iinmissipti�%ya�a� mendation as noted, and make the correction regarding Subarea P. Mi:'. "Teethes ,and City T er Bludau responded to questions regarding City Hall and the Al ruon's site m e indicated that be will review the numbers for the McFadden �giiare westarea. The motion car }ed by the following roll call vote: Ayeej. ouncil Member Selicb; Council Member Rosansky; Mayor Pro Tem Webb; Mayo3'Wwrnan; Council Member Ridgeway; Council Member Daigle Abstain'y,T,ouncil Member Nichols Balboa Village Mr. Tescher discussed the GPAC recommendations and reported that the Planning Commission requested that the area accommodate mixed use on the waterfront parcels. Assistant City Manager responded to questions regarding the Nautical Museum and the Fun Zone. Volume 57 - Page 384 City of Newport Beach Special Meeting Minutes August 16, 2005 r"- A Council Member Ridgeway requested that a 3,000 square foot Junior Lifeguard building in Aera A be included. Planning Director Temple suggested including this in the Recreation and Open Space Element. Motion by Council Member Ridgeway to support the GPAC recommendations and add the Planning Commission recommendation as noted. The motion carried by the following roll call vote: Ayes: Council Member Selich; Council Member Rosansky; o Tem. Webb; Mayor Heffernan; Council Member Ridgeway; Council ber le; Council Member Nichols Mariners Mile Mr. Tescher discussed the subareas and GPAC r" the Planning Commission accepted the reco� AP but requested that Subarea A be amends o bayP allow residential uses as long as 50° /y*ef. -.&e sqv marine - related and visitor- serving tretA..�i q institutional, and recreational uses. Assistant conditions to the Planning Commission recomm frontage be 200' or more an at the height h PAC m further explained why G Wt residential Council suggested making the BAI, Mayor Heffernan,axprgssed concet marine -uscs cant'paq`tBe same as commented that there language �.. marine se in the ure. Hey tabled faY�e di . ,- Council Base. rations. a VjaettZo that for Subaread D, properties a also f(x)tage was Astricted for 41, restaurant, hotel, .ger Wood added that other n included that the parcel ntained. Mr. Tescher the bayward side. subarea. ig7where boats will be serviced since Irving uses. Council Member Ridgeway arbor Element to maintain and protect that the discussion about boat yards be ;frig the Ardell property and the property next door to it, the Planning Commission recommendation. hiUip Lugar,C.W -chair of GPAC, discussed the GPAC vote relative to bayfront 'dential use�nd expressed support with including this use in the EIR for study. P j . st a ressed the opinion that all of this should go to a Greenlight vote. Jan Vrrsloot expressed his opposition to the recommendation and suggested includ g this in the EIR with less intense development in Mariners Mile. Mark Murrell requested that the EIR include residential uses as a possibility on larger properties. Council Member Daigle expressed support for the recommendations and discussed view corridors and revitalization. Motion by Mayor Pro Tern Webb to support the GPAC recommendations and add the Planning Commission recommendation as noted. Volume 57 - Page 385 City of Newport Beach Special Meeting Minutes August 16, 2005 The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Noting that he will not be at the August 30 meeting, Council Member Ridgeway suggested that a 15,000 square foot convention ce er discussion be included with the Newport Center/Fashion Island area. Without objection, it was the consensus of Council to di the remainder of the General Plan areas after the Planning Commission has vic' '" hem. Assistant City Manager Wood explained the pKrp'� of the;''bar charts and reported that they will do Measure S analysis o79..7xbp '{a E. PUBLIC COMMENTSw Terry Welsch, Banning Ranch Park and Preserve,')&sk Foe. -discussed their vision for Banning Ranch, requested Council suppport, and e'glted ttfeir support of the GPAC recommendations relative to Banning Ranch. i F. MOTION FOR RECONSIDERATI0bi.-None. G. ADJOURNMENT - at 9:47 p.m. to the`Regnlpr., „ eting o ugust 23, 2005 at 7 p.m. The agenda for the Regular M g g Meeting g was poFted on August 5, 2005 at 12:30 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary t i' Mayor y a� Volume 57 -Page 386 DRAFT CITY OF NEWPORT BEACH City Council Minutes Study Session August 23, 2005 — 4:30 p.m. ROLL CALL Present: Council Member Selich; Mayor Pro Tem Webb; Mayor Heffernan; Council Member Daigle; Council Member Nichols Absent/Excused: Council Member Rosansky; Council Member Ridgeway CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Daigle reported that she will pull item 3 from the agenda for clarification. 2. VECTOR CONTROL PRESENTATION [ORAL PRESENTATION ONLY]. Michael Hearst, Director of Public Information, Orange County Vector Control District, reported on the District's budget, and provided detailed information on the fund developed to deal with the West Nile virus and how the District is addressing and responding to that issue. Council Member Rosansky joined the meeting at 04:39 PM Mayor Pro Tem Webb complimented the District on their immediate actions taken when reports were made of a dead bird in Mariners Park, as well as standing water. As far as fire ants, Mr. Hearst reported that Newport Coast is really the only area in Newport Beach experiencing any problems with them. 3. RHINE CHANNEL REMEDIATION PROJECT [ORAL PRESENTATION ONLY]. Harbor Resources Manager Tom Rossmiller introduced Ray Hiemstra, Project Coordinator, Orange County Coastkeeper; Steve Cappellino, Project Manager, Anchor Environmental, L.L.C.; and Jessie Powell, Associate Water Resources Engineer, California Regional Quality Control Board, Santa Ana Region. With the assistance of Mr. Hiemstra, Harbor Resources Manager Rossmiller presented a PowerPoint presentation, which reviewed the following areas: how the Rhine Channel became a site of concern, the history of the contamination, the sediment sampling, the side scan sonar and debris field mapping, the infrastructure survey, the laboratory analysis, and the remediation and funding alternatives. The Council discussed the remediation alternatives and costs and staff responded to speck questions raised pertaining to the contaminants and fines for violation of the Clean Water Act. It was reported that the plan should be underway in five years and completed in ten years. Assistant City Manager Tuff reported that the Volume 57 — Page 387 City of Newport Beach Study Session Minutes August 23, 2005 State Board will take this report and start holding hearings on the issue. Council Member Selich requested copies of everything that is sent to the Board for their consideration. PUBLIC COMMENTS - None ADJOURNMENT - 5:42 P.M. The agenda for the Regular Meeting was posted on August 17, 2005 at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 57 - Page 388 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 23, 2005 - 7:00 p.m e STUDY SESSION — 4:30 p.m CLOSED SESSION `y "4 A1:'. +' A. RECESSED AND RECONVENED AT 7:00 P.M. FOR RFG. ME G +"ci ik �. B. ROLL CALL . *' ti <_? Present: Council Member Selich, Council MemberlLosansky, Vayor Pro Tem Webb, .Mayor Heffernan, Council Member Daigle, C,9L(!QM- pmb4)!ichols Excused: Council Member Ridgeway C. CLOSED SESSION REPORT - None + D. PLEDGE OF ALLEGIANCE - Council Member Rosansky J. # E. INVOCATION - Rabbi Marc Rubenstein, Te�i% 'ple Isaial}. E F. PRESENTATION ` G. H. Presentation of Check for .Centennial -:Victoria Lister, CEO of Newport Orthopedic Institute, introduced the Board Members in attendance and presented Mayor Pro Tem Webb with a check f9i7525;g00. Reor"Um a6 *ru'or Services Director Knight reported on Centennial preparatiohe..', , ` -' Council'Mfjgber Nich* requested verification of when the traffic counts were taken that are being u98afor the;{;eneral Plan Update. Council Member.-)Daigle announced that the Orange County Conference for Women will be held on Sept*ber 14 at the Balboa Bay Club. She reviewed the seminar sessions and stated that more information can be found on www.ocwomen.org or by calling Susan Coulter at (949) 644 -3128. Mayor Heffernan asked when the traffic calming measures on the Port Streets will be implemented. Mayor Heffernan requested that a staff report be presented at a regular meeting relative to the John Wayne Airport (JAVA) expansion. Volume 57 - Page 389 City of Newport Beach City Council Minutes August 23, 2005 I. CONSENT CALENDAR (Items 1 to 9) READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF AUGUST 9, 2005 AND ADJOURNED REGULAR MEETING OF AUGUST 11, 2005. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTI naive reading in full of all ordinances and resolutions under consid tion, direct City Clerk to read by title only. 10 CONTRACTS AND AGREEMENTS 4. APPROVAL OF AMENDMENT AGREEMENT WITH . IRVINE R, FOR JOINT UTILITY EFFORTS INCH WATER MAIN TRANSXISSIO; PROJECT (C -3411) (381100- 2005): :]) Reimbursement Agreement with the`IR water main improvements in the amouti Mir( Avenue 24 -inch Water. Transmission Mattri approve a budget ame"j Inent (0611.9 -010) ir. the Water Fund Accoiuit'No.'100 -4887 by increasing expenditure: approptixpc,, inn_ C5500386. d; - r THE IRVINE AV NUE 24- n MAIN REPI&CEMENT nve Amendment No. 1 to f onstruction of additional 689,082 for the City's Irvine t1 ment Project; and 2) g revenue estimates in 5,393.01 from IRWD, and E e same amount in 7501- • ,o 5. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF A Si PPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE HOAG HOSPITAL MASTER PLAN UPbATE PR64EGT (C37") 1381100- 20051. 1) Approve an amendment to the Professional $e%vipee Agreement with BonTerra Consulting of Costa Mesa for additional 'wori required for preparation of a Supplemental Environmental; Impact Report for an additional amount not to exceed $74;181; and 2) auth�rize the City Manager to sign the agreement. 6. MEMORANDUM OF UNDERSTANDING (MOU) WITH ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS (C- 2058) (3000 - 2005). Continue to the September 13, 2005 Council meeting. TLQNS 7. )CONSOLIDATION OF THREE LIBRARY PART TIME TECHNICAL &. PROCESSING POSITIONS INTO ONE FULL TIME LIBRARY TECHNICAL PROCESSING POSITION WITH SALARY SAVINGS OF $1,582 (100 - 2005). Authorize the consolidation of three part time library technical processing positions into one full time technical processing library position. 8. 2005/2006 CULTURAL ARTS GRANTS (100 - 2005). Approve recommended recipients for FY 2005 /2006 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Policy I -12 - Reserve Volume 57 -Page 390 City of Newport Beach City Council Minutes August 23, 2005 Fund for Culture and Arts. 9. APPOINTMENT TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE [100 - 2005). Confirm Council Member Daigle's appointment of Laura Curran to the Environmental Quality Affairs Committee (EQAC). Mayor Pro Tem Webb commented on Item 8; Council Member Daigle requested that Item 3 be pulled; Council Member Daigle announced that she is nominating Laura Curran to EQAC (Item 9); and Council Member Nichols requ ted and received clarification regarding Items 6 and 7. City Manager Bludau d that Item 6 be continued to the next meeting. Motion by Mayor Pro Tern Webb to move a ve n :the Consent Calendar, except for the item removed (3), and noting contirw _ e of Item 6. The motion carried by the following roll call Ayes: Council Member Selich, Council Mayor Heffernan, Council MemE Absent: Council Member Ridgeway J. PUBLIC HEARINGS 10. CORONA DEL MAR BUS RENEWAL OF THE BUSA SHORTENED FISCAL YEA BYLAWS [100- 2005). Rosansky, Mayor Proem Webb, d0' mcil Member NiAols E ISTRICT RENEWAL: DISTRICT FOR THE HORITY TO ADOPT Project Manager-*rger providedi'tiie staff report, reported that there were no protests, and nounniax e outcom of the Corona del Mar Business Improvement District bo election. T ' My 'L Mayor Iieffe" open. rie "pu4cCaring. Hearing no testimony, he closed the public hearing.- 3;rj A p x+,Mavor P_�grn Webb to adopt Resolution No. 2005 -46 confirming the levy of I asses for the 2005.2006 short fiscal year since the protests f represente than percent of the total assessment amount; and grant the authority for '" Corona del Mar Business Improvement District to adopt bylaws for � rl e purposes_ general operations, consistent with State law and resolutions ;!he 4�6 d by the ty Council. n by the following roll call vote: 'v Ayes: t Council Member Selich, Council Member Rosansky, Mayor Pro Tern Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Absent: Council Member Ridgeway 11. COMPREHENSIVE SIGN CODE UPDATE AND SIGN DESIGN GUIDELINES MANUAL [100- 2005). Project Manager Berger utilized a PowerPoint presentation and provided the staff report. Project Manager Berger, Assistant City Manager Wood, City Attorney Clausen, and Consultant Pflugrath responded to questions relative to pylon signs, flags and flag poles, amortization of signs, an incentive program, Volume 57 - Page 391 City of Newport Beach City Council Minutes August 23, 2005 abandoned signs, and heritage signs City Attorney Clausen reported that, following Council providing direction, staff will make the final changes and bring back an ordinance at the September 13 meeting. Council Member Rosansky and Council Member Selich agreed with doing away with the incentive program and concentrate on expediting the permit process. Council Member Daigle suggested approaching sign companies t nd out why their clients change out their signs and then possibly develop incena t r that. She also agreed with expediting the permit process. City Attorney Clausen noted that sign abandonment prAess n be incorporated into the City's code. Consultant Pflugrath indicated t abouL�lt the cities have abandonment provisions in their code. Council •Me rs Ros "angky and Selich agreed that the City should have this ability if needel a\x, t Discussion ensued relative to heritage sigag, the ca er;a, and the innpvative sign program. Program Manager Berger noted th &t the, s are subject. {o review by the Planning Commission. Mayor Heffernan opened the public hearing. Jim Hildreth discussed height lii n ons, flags and fla -s, and heritage signs. Dolores Otting discussed the ahandonSnBntUSUe. Discussion ensued relative to the''4ei t, conte. and appearance of pylon signs. Council Member Selich asked if so& ing can.be included in the design criteria to avoid blank spaces on signage. vlsavor Heffernan, Mayor Pro Tem Webb, and Council Members Rosansky, Selich, and, Daigle expressed support with having 20 foot signs: , Council Member Niebols helieved that the City doesn't need a sign ordinance. Mpti n by Council Member Rosansky to continue the public hearing to the September 13, 2005 Coundl'ineeting. -<...:. The motion carried by the following roll call vote: Ayes. Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, `) Mayo{,iieffernan, Council Member Daigle, Council Member Nichols AbseuE;'Coygcil Member Ridgeway ifi . K. PUBLIC CO NTS Ed McLaughlin received clarification from Public Works Director Badum regarding the phone service disruption and the schedule for the undergrounding project in his area. Dolores Otting asked questions regarding the public hearing process. Jim Hildreth discussed papers he previously presented to Council and access on The Grand Canal. Volume 57 - Page 392 City of Newport Beach City Council Minutes August 23, 2005 L. ORAL REPORTS FROM CITY COUNCIL. ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC) - Council Member Selich announced that they have had no meetings. Local Coastal Program Certification Committee - Assistant City Manager Wood stated that staff is still trying to work with the Coastal Commission staff. Newport Coast Advisory Committee - None. Mariners Joint Use Library Ad Hoc Steering Committee - Iron { City Centennial 2006 Committee - Mayor Pro Tem Webb 61 at Recreation and Senior Services Director Knight provided a report during the _ entat' Hier tonight. F City Council/Citizens Ad Hoc Committee for MaIr ak� Plannip[ Mayor Pro Tem Webb announced that they will have a meeting in,Eeptem�r. th City Council Ad Hoc Marina Park Advisory Committee = None. s, . :, t• , EQAC - Council Member Nichols discussed water issaea in Oii r' ge County. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 12. PLANNING COMMISSION AGENDA FOR AUGUST.)iB, 2005. Senior Planner Alford reviewed the fo rag -Pl g Commission items and responded to Council questionp P in' ` "1Vle�errannean Restaurant - 4647 MacArthur Boulevard,(PA2005-155�pSaagar Fir a Indian Cuisine - 4248 Martingale Way (PA2005 -026); Le'Quai Restaurant - 2816 Lafayette Avenue (PA2005 -041); and Newport %lari' a LLC`- 919 Bayside t?rive (PA2004 -072). N. CONTINUED BUSINESS 13. ST. ANDREW "S..'PRESBYTERI•AN CHURCH EXPANSION (PA2002 -265) — GENERAL PLANAMENDMENT, ZOATE CHANGE & USE PERMIT — 600 ST. 1NI)RE.. ROAD ;.CLIFF HAVEN/NEWPORT HEIGHTS AREA [681100- 20051. Assistant City; Manager Wood provided the staff report and noted that Council changes are summarized in the supplemental staff report. Mayor Heffernan received confirmation from City Attorney Clauson regarding any future eitparisions. Motiofi' by Council Member Daigle to adopt Ordinance No. 2005 -16 approving Code Amendment No. 2003 -002 rezoning the St. Andrew's Presbyterian Church site from R -1 & R -2 to GEIF (Governmental, Educational Institutional Facilities). The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Absent: Council Member Ridgeway Volume 57 - Page 393 City of Newport Beach City Council Minutes August 23, 2005 14. CITY COUNCIL REVIEW AND DIRECTION TO CONSULTANTS ON CURRENT PLANNING STATUS OF PROPOSED CITY HALL STRUCTURE AND GROUNDS, PARKING GARAGE AND FIRE STATION [351100- 2005]. City Manager Bludau provided the staff report and reviewed the topics of discussion for the next meetings. Rick D'Amato, LPA Associates, utilized a PowerPoint presentation and discussed the background of the project, site plan options, the fire s ion, the parking structure, and City Hall design options. He also displayed a f the proposed site. Mayor Heffernan recessed the meeting at 9:26 i reconvened the meeting t 9:39 m. with all members of the Coun • resent except g P• cl;p � P Council Member Ridgeway. � , `r Roger Torriero, Griffin Structures, discussedfand provii ed a handout l to the conceptual costs. Mr. Torriero and Steve Mickle, Griffin Structures, nded to Council questions regarding indirect and direct costs; onsite;:' �.�O,�site, °and utility allowances; the furnishings, fixtures and equipment (FF &a,,gnudget; the fire station costs; fi relocation costs; and landscape costs; and Mi' pl'A�pato discussed LEED certification. Dolores Otting expressed conwn re}e6ve 40, th `square footage, the cost for relocating, the Council Chambers.emer Ac'y eitlf�,nd parking. Jim Hildreth discussea the fire station, the paii:mg structure, emergency exits, and parking issues; and suggested using solar panels and having a heliport. John Buttolpbt Newportem for Responsible Government, discussed the initiative and the relocation estimate+, Jan .Va idersloot agreed with bringing this project to a vote and discussed the costs. h. He �:u jj ted that the City lease space instead of build a new City Hall- .4 In response to• questions. staff reported on how staff efficiencies will be improved with a new bt1• ding and provided information on future needs. Mr. Torriero efplained the process that his company goes through with this type of projeCtaand added that they are also having a third party conduct cost estimates. He reported hat he will guarantee their maximum price, this amount is bonded, and the project will go out to bid. Motion by Mayor Pro Tern Webb to 1) increase the City Hall's building program to 72,000 sq. ft.; 2) adopt the new site plan configuration which alters the site locations for the fire station and the parking garage; 3) adopt changes to the Orange County Fire Authority building standards for the fire station which would require more durable, longer lasting building materials; 4) add a glass wall at the rear of the Council Chambers facing the courtyard; 5) agree to the new Council Chambers layout; 6) agree to provide structurally for future up to 8,000 sq. ft. expansion of City Hall; 7) agree to all City Hall facade /design enhancements; and 8) agree to the Volume 57 - Page 394 City of Newport Beach City Council Minutes August 23, 2005 revised budget estimates to accommodate all the options. The consultants were directed to provide more detailed analysis of the costs, including relocation and indirect costs. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Noes: Council Member Rosansky Absent: Council Member Ridgeway Motion by Mavor Pro Tem Webb to hear Item 16 and coririnua remainder of the agenda to the September 13, 2005 Council meeting. ^i•.�zZ The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky. Mayor Pro Tem W016, Mayor Heffernan, Council Member Daigle, Counujkember Nj&ls 0- Absent: Council Member Ridgeway O. CURRENT BUSINESS 15. COUNCIL POLICY MANUAL, UPDATE FOR 20 PUBLIC MEETING TO CONSIDER CITY S STA OF INVEST T POLICY (POLICY F -1) [100- 2005). Continued to the 13. 2005 &uncil meeting. ` , 16. RESIDENTIAL LIVE ABOAIkD �.OPI;At"'. HUZYAK. MV SESAME BERTHED AT 916 VIA LIDO S Harbor Resources Supezvisor Mi the staff repMt, and explained tht with this` tn* "'.0f use. ..e •repp definitions of live- aboard" and commercial pierg.coul captain oli board is nei�98a City Attorney Glauson r revisit the policy or addpt where people dap live on pieVermits anXtidelands :rtutihwd a PowerPoint presentation, provided H2rb. r Resources has concerns for water quality t�ddd to questions from Council regarding the , bors' concerns with privacy, how many private boats larger than 80 feet, and whether having a �ylewed the current City policy and stated that Council can an ordinance at a future meeting that identifies when or boats. She also discussed restrictions relative to private CoAcil�discpssed issues dealing with the renting of docks, caretakers on large boats' in and out of residential areas, and commercial use in a single - familysidential area. Mayor Pro Tem Webb indicated that he called up this item to bring to light that there is a shortage of space for larger boats. He announced that he and the Huzyaks are both members of the Balboa Yacht Club. Sally Huzyak, appellant, discussed the policy and requested that Newport Harbor have something for larger boats and that the Harbor Commission consider a provision which allows a licensed captain to get a permit to stay on larger boats for a specified amount of time. Volume 57 - Page 395 City of Newport Beach City Council Minutes August 23, 2005 Mike Joseph, discussed Lido Island's CC &R's and expressed his support of the Harbor Commission's decision. He read correspondence from Gail Rosenstein. Jay K. Leeson requested that Council enforce the policy. Craig Chines requested that the Harbor Commission decision be upheld. Jim Hildreth expressed his reasons why live aboards should be allowed. Pete Marcus noted that there isn't a place for repairs to occure.t4`�4rger boats and believed that having a skipper on board is safer. Motion by Mayor Pro Tern Webb to uphold the Harpor. mission's decision and restrict persons from living aboard the Besame �whDe be'` at a residential pier for greater than 72 hours in any 30 day period Mayor Heffernan suggested establishing hours%r loat irp8ir work , ' . Harbor Resources Supervisor Miller indicat04 that it is up to the commercial marina whether they allow live aboards, but noted that the trend is to reduce or eliminate the handful of live aboards in the Harbor. The motion carried by the following roll call vote: F'�, Ayes: Council Member Selich, >NUwcil Member RosanY][ j, Mayor Pro Tem Webb, Mayor Heffernan, Counc�it&k Daigle Noes: Council Member Nichols : :± Absent: Council Member Ridgeway' 17. ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION: NEWPORT RIDGE PARR 1100- 20051. Continued to the September 13, 2005 Council meeting. s: 18. DESIGNATION OF VOTING 'DELEGATE FOR 2005 LEAGUE ANNUAL CONFERENCE - OCTOB$R;+3_- 8, 2005 IN SAN FRANCISCO [100- 2005). Continued to the September 13.'2005 Council meeting. P. ITEM,5REMOVED FROM THE CONSENT CALENDAR 31 RESOLUTIQN AUTHORIZING THE CITY MANAGER TO REJECT pOCUMENTS. RELATING TO THE TRANSFER OF ADELPHIA'S FRANCHISE M EITHER TIME WARNER OR COMCAST [421700 - 20051. Con$nue.d to the' September 13, 2005 Council meeting. J!, Q. MOTION FO) ' cO• NSIDERATION -None R. ADJOURNM 'TT - adjourned at 12:41 a.m. on Wednesday, August 24, 2005, to Tuesday, August 30, 2005 at 7:00 p.m. [Review of General Plan Update Land Use Recommendations] Volume 57 -Page 396 City of Newport Beach City Council Minutes August 23, 2005 The agenda for the Regular Meeting was posted on August 17, 2005 at 2:45 p.rrL on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk e' Recording Secretary na 'A Mayor r•. 4''`• Volume 57 - Page 397 CITY OF NEWPORT BEACH City Council Minutes Adjourned Regular Meeting August 30, 2005 — 7:00 p.m. A. ROLL CALL DRAFT Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Excused: Council Member Ridgeway B. PLEDGE OF ALLE —U.NCE - Council Member Nichols C. INVOCATION - former Mayor Dennis O'Neil D. CURRENT BUSINESS E. 1. 2003 JWA SETTLEMENT AGREEMENT AMENDMENTS - AIRPORT DIRECTOR'S IMPLEMENTATION RECOMMENDATIONS. [100 -20051 Mayor Heffernan explained that the item was agendized as the result of a recent announcement by the County of Orange that the facilities at John Wayne Airport (JWA) are going to be expanded. Robert Burnham, contract attorney, provided a brief history of the City's efforts to limit the impact of JWA and highlighted the details of the current agreement. Charles Griffin stated that the customs facility that is included in the proposed development is beyond the scope of the settlement agreement. Nancy Alston addressed concerns with the number of departures, noise levels and noncompliance with the noise abatement departure procedures. The Airport Director will make a presentation at the September 27, 2005, City Council meeting to explain the implementation plans in more detail. Joan Anderson asked what the theoretical capacity of the terminal would be with the new development. Jean Price expressed concerns regarding the growth at JWA and the physical footprint of the airport. Lucille Kuehn expressed concerns regarding international flights at JWA. 2. REVIEW OF GENERAL PLAN UPDATE LAND USE RECOMMENDATIONS AND SELECTION OF PREFERRED LAND USE PLAN/PROJECT DESCRIPTION FOR ENVIRONMENTAL IMPACT REPORT (EIR) (contd. from 8116105). [681100 -20051 Volume 57 - Page 398 City of Newport Beach City Council Minutes August 30, 2005 Fashion IslandlNewvort Center Using a PowerPoint presentation, Woodie Tescher, EIP Associates, displayed the General Plan Advisory Committee (GPAC) land use recommendations for the Fashion Island/Newport Center area, which were to allow an additional anchor tenant, or 125,000 additional square feet of retail, in Fashion Island and to accommodate hotel, entertainment, housing, recreational and office uses in Newport Center. Specifically, GPAC recommended no change to the office square footage in Newport Center, and the addition of 600 housing units and 65 hotel rooms to the existing general plan. The Planning Commission endorsed the GPAC recommendation. Motion by Council Member Selich to support the Planning Commission recommendation for purposes of the environmental analysis. Allan Beek expressed support for creating subsidized housing in the Fashion Island/Newport Center area for use by those that work there. Nick Hamilton agreed and stated that there are numerous ways to fund affordable housing. Lucille Kuehn, GPAC member, noted that there's a difference between affordable housing and subsidized housing, and that GPAC has not proposed subsidized housing. Wendy Kaiser stated that adding housing in the area shouldn't necessarily be limited to affordable housing and that emphasis should be placed on the results of a trip generation analysis. Substitute motion by Council Member Daigle to amend the Planning Commission recommendation to add an alternative study for 80,000 square feet of government, educational and institutional use at the Newport Village site to accommodate the possibility of relocating City Hall to that site. The substitute motion failed by the following roll call vote: Ayes: Mayor Heffernan, Council Member Daigle, Council Member Nichols Noes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Corona del Mar Mr. Tescher displayed a map of the Corona del Mar area and stated that the recommendation of GPAC was to reinforce the area as a pedestrian - oriented village serving the local community. Specifically, GPAC recommended that there be no change to the existing general plan for commercial and office space, and a theoretical reduction in residential to possibly accommodate additional parking. The Planning Commission endorsed the recommendation. Mr. Tescher stated that GPAC also recommended that the reconstructed buildings include those that are upgraded or renovated voluntarily. The Planning Commission also endorsed this Volume 57 - Page 399 City of Newport Beach City Council Minutes August 30, 2005 recommendation. Motion by Council Member _Selich to accept the Planning Commission recommendation. Carol Boice, GPAC member and commercial property owner in Corona del Mar, clarified that the recommended change to the policy would apply to existing buildings only, and confirmed that the purpose is to give owners the opportunity to fix up their buildings. Jennifer Irani expressed her concern for losing the older buildings and the charm in Corona del Mar. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Council Member Daigle Noes: Mayor Heffernan, Council Member Nichols John Wayne Airport Area Mr. Tescher displayed a map of the John Wayne Airport area and noted that it was divided into three basic areas. GPAC recommended that the commercial and office use continue in sub -area "A ". In sub -area "C, GPAC recommended that the existing mixed use continue, but that there possibly be an addition of housing units, and that sub -area "B" be upgraded and revitalized. Specifically, the GPAC recommendation would reduce the retail/commercial use by 50% from what is currently permitted. Office capacity would be reduced by approximately one million square feet from what is permitted in the existing general plan, and industrial use would remain about the same. The residential use would be the most significant change to the John Wayne Airport area and would yield approximately 3300 new units in the area. The Planning Commission agreed with the recommendations from GPAC and also recommended that housing be allowed at the Conexant site, which would add an additional 1000 units to the area and reduce industrial use by approximately 500,000 square feet. Carlton Waters, Urban Crossroads, confirmed that the GPAC recommendations result in a net reduction of daily trip counts during the PM peak hour and less than a 1% increase during the AM peak hour. Motion by Council Member Daigle to uphold the recommendation of the Planning Commission. Assistant City Manager Wood suggested that the project description in the EIR include the number of residential units if a smaller 65 Community Noise Equivalency Level (CNEL) contour were assumed, and that an alternative be added that would include the number of residential units that could be accommodated with the broader A -Loop 65 CNEL contour. Amended motion by Council Member Daigle to uphold the recommendation of the Planning Commission, as amended to include the suggestion made by Assistant City Manager Wood. Wendy Kaiser suggested that any study include thorough traffic and trip generation studies. Volume 5 7 - Page 400 City of Newport Beach City Council Minutes August 30, 2005 John Saunders, GPAC committee member, gave the reasons why GPAC voted the way it did, and his support for use of the conthur lines. The amended motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Banning Ranch Mr. Tescher stated that GPAC's recommendation is to preserve open space on the Banning Ranch site as the preferred alternative and study the development of approximately 875 residential units, 35,000 square feet of commercial and 75 hotel units, which reduces commercial and residential use and eliminates office and industrial use from what is allowed in the existing general plan. The Planning Commission agreed with the recommendation, but increased the residential units to 1765 and commercial use to 75,000 square feet for purposes of the EIR analysis. Mayor Heffernan recused himself due to a potential conflict of interest and explained that he owns commercial property on 16th Street. George Basye, representing the property owners of Banning Ranch, stated that it's important to realize that extensive oil field abandonment, remediation and consolidation is needed on the site and that the property owner is prepared to do this. He added that approximately half of the site would remain as open space with the recommendation. Kevin Nelson asked the City Council to consider the long term value of preserving the majority of the area as open space. Wendy Kaiser expressed her support for continuing to work with the property owner and preserving the majority of the area as open space. Jennifer Irani expressed her support for preserving the entire area as open space and allowing the public to vote on the issue. Tom Billings expressed his support for preserving the Banning Ranch area as open space. Patricia Barnes expressed her support for preserving the entire property as open space. Terry Welsh, Chairman of the Banning Ranch Park and Preserve Task Force, expressed his support for acquiring and maintaining the property as open space. Louise Greeley also asked the City Council to support the growing vision in the community to preserve the area as open space. Paul Arms, President of the Orange County League of Conservation Voters, expressed support for acquiring the property and preserving the area as open space. Philip Bettencourt explained some of the zoning rights on the property. Robin Everett expressed her support for preserving open space at the site and the Volume 57 - Page 401 City of Newport Beach City Council Minutes August 30, 2005 GPAC recommendation Nick Hamilton expressed his support for preserving open space on the site and the GPAC recommendation. Motion by Council Member Rosansky to accept the open space preservation alternative as the preferred alternative for the site and the recommendation of the Planning Commission, amended to reduce the number of residential units to 1375, preserve the lowland areas and the bluff as open space, and add an active park to the site. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Council Member Daigle Noes: Council Member Nichols Abstained: Mayor Heffernan Absent: Council Member Ridgeway Other Land Use Areas Mr. Tescher stated that Sub -Area I is the Lido Isle area and the GPAC recommendation was to implement a lot merger program that would reflect what currently exists on the site. The Planning Commission agreed with the GPAC recommendation. Motion by Council Member Rosansky to approve the Sub -Area 1 recommendation of the Planning Commission. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Mr. Tescher displayed Sub -Area 2, which included West Newport, Balboa Peninsula, Balboa Island and Beacon Bay, and stated that the GPAC recommendation was to redesignate the R -2 and R -1.5 zones in West Newport and Beacon Bay to R -1. The Planning Commission recommended that the R -2 and R -1.5 designations be retained in all areas except Beacon Bay, which would go to an R -1 designation. Motion by Council Member Rosansky to approve the Sub -Area 2 recommendation of the Planning Commission. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Mr. Tescher displayed Sub -Area 3, an area bounded by Irvine Avenue, 15th Street, St. Andrews Road and Coral Place, and stated that the GPAC recommendation was to redesignate the area as single family residential. The Planning Commission recommended that the multi -family designation be retained. Motion by Council Member. Rosansky to support the recommendation of the Volume 57 - Page 402 City of Newport Beach City Council Minutes August 30, 2005 Planning Commission for Sub -Area 3. The motion carried by the following roll call vote Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Mr. Tescher displayed Sub -Area 4, which included properties on the southerly frontage of Westcliff Drive and the westerly frontage of Dover Drive. The GPAC recommendation was to change the designation in the area from administrative, professional and financial to a mixed use of office and retail on Westcliff Drive, and a mixed use of office and multi -family residential on Dover Drive. The Planning Commission endorsed the recommendation. Motion by Mayor Pro Tem Webb to change the designation to mixed use of office and multi -family residential on Westcliff Drive, and mixed use of office and retail on Dover Drive. Substitute motion by Council Member Rosanskv to support the recommendation of the Planning Commission. Wendy Kaiser suggested that both options be considered for purposes of the study. The substitute motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Mr. Tescher displayed Sub -Area 5, a remnant Cal Trans property located near the 73 Freeway. He stated that the GPAC recommendation was to designate the site as open space. The Planning Commission supported the staff recommendation, which was to designate the site as retail or service commercial. Motion by Mayor Pro Tem Webb to approve the recommendation of the Planning Commission for Sub -Area 5. Carol Boce expressed concern for the migratory paths within Sub -Area 5, and asked if the State Department of Fish & Game had been contacted. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan Noes: Council Member Nichols Absent: Council Member Daigle Mr. Tescher stated that Sub -Area 6 is another remnant property on the other side of the 73 Freeway and is owned by The Irvine Company. The GPAC recommendation was to designate the site as open space. The Planning Commission endorsed this recommendation. Motion by Mayor Pro Tem Webb to support the recommendation of the Planning Commission for Sub -Area 6. Volume 57 - Page 403 City of Newport Beach City Council Minutes August 30, 2005 The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Mr. Tescher displayed Sub -Area 7, an area off of San Miguel Drive, east of San Joaquin Hills Road. He stated that the site is surrounded by multi- family residential and it was the recommendation of GPAC to change the designation of this site to multi- family residential, as well. Motion bv_Mayor Heffernan to approve the recommendation for Sub -Area 7. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Mr. Tescher displayed Sub -Area 8, an area west of the Big Canyon Reservoir, which was recommended by GPAC to be designated as multi- family residential to reflect what is currently on the site. This was endorsed by the Planning Commission. Motion by Mayor Heffernan to support the recommendation of the Planning Commission for Sub -Area 8. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Citywide Entitlement Reductions Mr. Teacher displayed the GPAC recommendations for Citywide entitlement reductions, which were listed separately for housing units and commercial square feet. He explained that all of the properties are owned by The Irvine Company and that the reductions represent the properties not being built out to their maximum entitlement. Motion by Council Member Nichols to support the recommendation of GPAC. Dan Miller, The Irvine Company, announced that The Irvine Company is willing to work with the City and give up the entitlements, as listed. Nick Hamilton thanked The Irvine Company. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols F. PUBLIC COMMENTS - None. G. MOTION FOR RECONSIDERATION - None. H. ADJOURNMENT at 11:40 p.m. in memory of Judge Robert Gardner. Volume 57 - Page 404 City of Newport Beach City Council Minutes August 30, 2005 The agenda for the Adjourned Regular Meeting was posted on August 26, 2005, at 3:00 p.m. on the City Hall Bulletin Board located outside the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 57 - Page 405 City of Newport Beach City Council Minutes August 30, 2005 • • C-C • recommendation. COUNCIL AGENDA NO. , C� -t3 -�S Motion by Council Member Selich to accept the Planning Commission recommendation. Carol Boice, GPAC member and commercial property owner in Corona del Mar, clarified that the recommended change to the policy would apply to existing buildings only, and confirmed that the purpose is to give owners the opportunity to fix up their buildings. Jennifer Irani expressed her concern for losing the older buildings and the charm in Corona del Mar. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Council Member Daigle Noes: Mayor Heffernan, Council Member Nichols John Wayne Airport Area Mr. Teacher displayed a map of the John Wayne Airport area and noted that it was divided into three basic areas. GPAC recommended that the commercial and office use continue in sub -area "A ". In sub -area "C ", GPAC recommended that the existing mixed use continue, but that there possibly be an addition of housing units, and that subarea 'B" be upgraded and revitalized. Specifically, the GPAC recommendation would reduce the retaWcommercial use by 50% from what is currently permitted. Office capacity would be reduced by approximately one million square feet from what is permitted in the existing general plan, and industrial use would remain about the same. The residential use would be the most significant change to the John Wayne Airport area and would yield approximately 3300 new units in the area. The Planning Commission agreed with the recommendations from GPAC and also recommended that housing be allowed at the Conexant site, which would add an additional 1000 units to the area and reduce industrial use by approximately 500,000 square feet. Carlton Waters, Urban Crossroads, confirmed that the GPAC recommendations result in a net reduction of daily trip counts during the PM peak hour and less than a 1% increase during the AM peak hour. Motion by Council Member Dawe to uphold the recommendation of the Planning Commission. Assistant City Manager Wood suggested that the project description in the EIRinclude the number of residential units if a smaller 65 Community Noise Equivalency Level (CNEL) contour were assumed, and that an alternative be added I that would ' number of residential units that could be accommodated with the broad Ir AELUP CNEL contour. Amended motion by Council Member Daigle to uphold the recommendation of the Planning Commission, as amended to include the suggestion made by Assistant City Manager Wood. Wendy Kaiser suggested that any study include thorough traffic and trip generation studies. Volume 57 - Page 400