HomeMy WebLinkAbout01 - Minutes - 12-7-2005 & 12-13-2005City Council Meeting
January 10, 2006
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes D /S �r�
Special Meeting DRAFT
December 7, 2005 — 7:30 p.m,
A. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor
Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member
Nichols
B. PLEDGE.O.F,ALLEGIANCE - Council Member Ridgeway
C. INVOCATION - City Manager Bludau
D. CONTINUED BUSINESS
1. GENERAL PLAN UPDATE - RECONSIDERATION OF MIXED USE IN
MARINERS' MILE. [681100 -20051
Assistant City Manager Wood reported that the General Plan Advisory Committee
(GPAC) reconsidered mixed use in Mariners' Mile at their meeting on December 5,
2005, and again expressed their concern for residential use on the bay side of Coast
Highway in Mariners Mile. GPAC deferred making a recommendation until staff
provided them with some additional information. Assistant City Manager Wood
confirmed that a decision will need to be made on the matter prior to the adoption of
the General Plan in July 2006. Woodie Tescher, EIP Associates, displayed a map of
the area showing the parcels that would be affected.
2. GENERAL PLAN UPDATE - REVIEW OF DRAFT CIRCULATION ELEMENT
AND EXECUTIVE SUMMARY OF GENERAL PLAN TRAFFIC STUDY.
[681100 -20051
Using a PowerPoint presentation, Carlton Waters, Urban Crossroads, displayed and
discussed the exhibits contained in the executive summary portion of the staff
report. These included tables summarizing the results of a trip generation analysis
and maps showing daily traffic volumes for various locations throughout the City
for existing conditions and two buildout alternatives. Additionally, he displayed
tables showing the roads that are expected to carry traffic increases of greater than
10,000 vehicles per day under the two buildout alternatives. Mr. Waters also
displayed tables summarizing intersection performance levels for existing conditions
and the two buildout alternatives. He noted that the City's current acceptable level
of service is "D" and he displayed a list of those intersections that are below that
standard. Lastly, Mr. Waters displayed recommended intersection
improvements that would provide acceptable levels of operation at these
intersections. He noted that the recommended circulation element reduces the
number of intersections operating at level of service "E" or "F" from 18 to 4.
Mr. Tescher referred to the draft Circulation Element, color coded to show the
Volume 57 - Page 486
City of Newport Beach
City Council Minutes
December 7, 2005
"General Plan update team" (staff and the consultants), the General Plan Advisory
Committee (GPAC) and the Planning Commission recommendations. A brief
discussion followed, and some minor changes were made to the introduction and
context sections. Mayor Pro Tem Webb suggested that ranges be used to define the
types of roadways listed in the roadway classification system section, as is done in
the current General Plan, instead of specific up-to numbers. There was a general
discussion about the General Plan being a policy document and the appropriateness
of addressing some concerns in other ways, such as through ordinances. It was the
consensus of the Council to delete the weight reference for commercial vehicles in
the truck traffic section.
Mr. Tescher referred to the goals and policies in the mobility and roadway system
chapters of the Circulation Element, and highlighted the changes recommended by
GPAC and the Planning Commission. A general discussion followed regarding
Policy 2.1.1, which provided level of service standards. The discussion also
included the potential effect of eliminating the toll at Newport Coast Drive and State
Route 73. It was the general consensus of the Council to support the
recommendations of the Planning Commission and to include a level of service
standard for the Goldenrod Avenue /Coast Highway intersection, and to support the
staff recommendations for the remaining Goal 2.1 policies.
Mr. Tescher referred to Goals 2.2 and 2.3 in the roadway system chapter, and
highlighted the recommended changes. Transportation/Development Services
Manager Rich Edmonston assisted in answering questions from the Council
Members.
Mr. Tescher referred to the regional transportation chapter, and highlighted the
changes recommended by GPAC and the Planning Commission. A general
discussion followed regarding the 19th Street bridge, and it was the consensus of the
Council to delete the additional verbiage recommended by both GPAC and the
Planning Commission.
Mr. Tescher referred to the fourth chapter of the Circulation Element, which
addressed public transportation, and highlighted the changes recommended by
GPAC and the Planning Commission. A general discussion followed regarding
Policy 4.1.7 and the transportation of students. He then highlighted the changes
recommended for the fifth chapter, alternative transportation modes. Mayor Pro
Tem Webb made several suggestions and offered to provide assistance with some of
the language and drawings in this section, as well as others. A general discussion
followed regarding bike route designations and the policies related to bikeways.
Mr. Tescher stated that the sixth chapter addresses transportation systems
management and travel demand management, and the seventh chapter addresses
parking in the city. Mr. Tescher highlighted the recommended changes to both
chapters. Council Member Nichols expressed disagreement with the Policy 7.1.4
recommendations. Council Member Rosansky suggested that Policy 7.1.5 be
deleted. There was a general consensus by the Council to support the deletion.
Mr. Tescher referred to the eighth chapter, which addressed transportation funding,
and noted the addition of Policy 8.1.12. Assistant City Manager Wood suggested
that a second policy be added that would read, "establish a transportation
improvement or special assessment district to fund improvements needed in the
airport area ". There was a general consensus of the Council to support the addition
Volume 57 - Page 487
City of Newport Beach
City Council Minutes
December 7, 2005
of both policies.
Mayor Heffernan made the observation that there was a complete lack of community
input at the current meeting.
E. PUBLIC COMMENTS - None
F. MOTION FO„R RECONSIDERATION - None
G. ADJOURNMENT at 10:25 p.m.
The agenda for the Special Meeting was posted on December 2, 2005, at 11:45 a.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 488
CITY OF NEWPORT BEACH
City Council Minutes DRAFT
c�
Study Session /'1("
December 13, 2005 — 5:00 p.m
ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Webb, Council
Member Ridgeway, Council Member Daigle, Council Member Nichols
Excused: Mayor Heffernan
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Assistant City Manager Kiff confirmed for Council Member Nichols that he would
provide him a picture of an "oloid" prior to the evening meeting, as referred to
in Item No. 10, Grant Agreement with the State Water Resources Control Board.
City Manager Bludau stated that staff would be proposing new wording for the
recommended action in Item No. 19, Installation of Carpet at the Central Library.
Specifically, the recommended action would read, "Approve the purchase and
installation of new carpet at the Central Library in the amount of $255,113.27,
pursuant to a contract with C & A Floor Coverings to be approved by the City
Attorney's Office and authorize the City Manager to execute the contract ".
2. OFFERS TO DEDICATE PUBLIC ACCESS.
Assistant City Manager Kiff referred to Item No. 33, Acceptances of Offers to
Dedicate (OTDs) Easements for Coastal Access, on the evening meeting's agenda
and using a PowerPoint presentation, he explained what an OTD is. Additionally,
he listed some important facts about OTDs and briefly discussed the associated
liability issues. He pointed out that the City's approved Coastal Land Use Plan
within the proposed Local Coastal Program (LCP) also contains four policies relating
to OTDs, as listed in the staff report.
Assistant City Manager Kiff displayed aerial photos of each of the seventeen
easements included for consideration on the evening meeting's agenda. He
responded to questions and provided clarification on the exact locations of the
easements. He stated that if the City Council approves the proposed resolution to
accept the OTDs, the City would work with the Coastal Conservancy to get them
recorded and later, the City Council could consider making improvements to some of
the easements so that they would be effective for public access. Not all of the
easements would need improvements. He stated that if the City Council does not
accept the OTDs, the Coastal Conservancy would most likely do so.
Assistant City Manager Kiff noted that four of the easements expire next month,
which is why action on at least those four needs to take place at the evening
meeting. Lastly, he confirmed that public noticing was not required, but that the
Volume 57 — Page 489
City of Newport Beach
Study Session Minutes
December 13, 2005
City did send two letters to each of the property owners.
PUBLIC COMMENTS -None
ADJOURNMENT at 5:40 p.m.
The agenda for the Study Session was posted on December 7, 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 490
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
December 13, 2005 — 7:00 p.m.
STUDY SESSION - 5:00 p.m.
CLOSED OESSION - 5:40 p.m.
A. RECESSED AND RECONVENED AT 7:00 P.M. FOR
I
C.
D.
E.
F.
ROLL CALL
Present: Council Member Selich, Council
Heffernan, Council Member Rid
Nichols
CLOSED SESSION REPORT - None,:,
PLEDGE OF ALLEGIANCE - Council'
INVOCATION - Reverend Karl Stuc
Church t =>'
Grand Jury
ky, Mayor Pro Temp, ebb, Mayor
Member Daigle, Cou1t- _ Member
to January 10, 2006.
Center United Methodist
Operation?, hrislmas for Oiir-Trtio'ps - Brad White, Legislative Representative for the
National Guard Ass ation of California, and California National Guard Captain Noland
Flores discus' 4, Operi6on Christmas and thanked the City for its assistance. City Clerk
Harkless discussed the the event Thursday morning in which people can drop off toys and/or
`•, DVDs in fronj%f City Hall. Mr. White indicated that people can also write checks, payable
t_ to "Yellow Ribbon America ". Mayor Heffernan indicated that he will be giving a $500 check
E Ahis cause:
aEV �
PreS:ent lion of Check from the Newport Beach Library Foundation - Newport
Beacl'Library Foundation President Tom Edwards presented a check for $81,900 to Mayor
Heffernan, Library Board of Trustees Member Karen Clark, and Library Services Director
Katsouleas which brings their total donations to a little less than $400,000 this year.
Proclamation for Newport Harbor High School Football Team - CIF Southern
Section Division VI Championship - Mayor Heffernan read the proclamation which
proclaims December 14 as "Newport Harbor High CIF Champions Day" and presented it to
Coach Jeff Brinkley and the team.
Taste of Newport Grant Program - Richard Luehrs, President of the Newport Beach
Chamber of Commerce, discussed the history of the Taste of Newport and presented the
event's proceed checks to the Girl Scout Council of Orange County, Leadership Tomorrow,
the Newport-Mesa Schools Foundation, the Newport Harbor Nautical Museum, the Newport
Volume 57 - Page 491
City of Newport Beach
City Council Minutes
December 13, 2005
Beach Public Library Literacy Program, Human Options, the Newport Bay Naturalist and
Friends, and the Youth Employment Service.
Presentation of Check from the Corona del Mar Centennial Foundation - Bernie
Svalsted, Chairman of the Corona del Mar Centennial Foundation, and Peggy Fort reported
that the Board unanimously voted to donate $5,000 to the Newport Beach Centennial.
G. REORGANIZATION
1. ELECTION OF MAYOR.
City Clerk Harkless, in presiding, placed all members of the Coy it on an equal
basis to nominate and elect the Mayor.
0.:
Council Member Rosansky nominated Council Member,.YVe ib f(iFX- ayor.
V,
Motion by Council Member_Ridgew.ay to close nominations aRVK
# vote for Mayor
by acclamation.
The motion carried by the following roll' voxe
Ayes: Council Member Selich, Council Member Rosansky, Council Member Webb,
Council Member Heff" an, Council lV mber Ridgeway, Council Member
Daigle, Council Meno �1ChoIs
Following a unanimous vote y Council City Clerk •. arkless announced that Don
Webb is the new Mayor. May! Webb took his.prope lace at the dais.
2. ELECTION OI4MAYOR
presiding, placed all members of Council on an equal basis to
:t -the Mayor Pro Tem.
Daigle nonated Council Member Rosansky for Mayor Pro Tem.
to close nominations and vote for Mayor
Pro `fhb by acclamation.
S1
The motion carried by the following roll call vote:
Council Member Selich, Council Member Rosansky, Council Member
Heffernan, Mayor Webb, Council Member Ridgeway, Council Member Daigle,
Council Member Nichols
Following a unanimous vote by Council, City Clerk Harkless announced that Steve
Rosansky is the new Mayor Pro Tem. Mayor Pro Tem Rosansky took his proper
place at the dais.
3. SEATING ARRANGEMENTS FOR CITY COUNCIL.
The Council Members decided on the seating arrangement of the Council dais, with
the senior Council Members having first preference. The following seating order
was determined (left to right):
Volume 57 - Page 492
City of Newport Beach
City Council Minutes
December 13, 2005
H.
I.
J.
Heffernan - Selich - Rosansky - Webb - Ridgeway - Daigle - Nichols.
4. REMARKS.
Council Member Heffernan believed that the Mayor's office needs its own staff. He
expressed the opinion that the Mayor's seat should be an elected position with a two
year term. He stated that he enjoyed being Mayor and would like to serve again.
Mayor Webb thanked Council Member Heffernan for his service as Mayor
and presented him with a gavel plaque.
Mayor Webb indicated that he is honored to be Mayor of this City recognized his
family. He noted that next year will be a busy year for the Ci and hoped for more
unity within the community. He commended staff and thi Council for putting
their faith in him. y
NOTICE TO THE PUBLIC
CITY COUNCIL ANNOUNCEMENTS. OR
REPORTANON- DISCUSSION ITEM):
Council Member Heffernan reques
Attorney Clauson indicated that re
what was reviewed by the Harbor Co=
Council Member Daigle, reported that
modified over the hol AVs.
Council Menter Daigle: reported that
Heights and ind}catedthat, with staff
taking applications for the
report relatft4o party boats in the Harbor. City
ulations ofll businesses in the Harbor and
sM;Ji will probably;come before Council in January.
parking fot -at ,Cora del Mar High School will be
attended a meeting relative to trails in Santa Ana
1p, the County has improved the trails.
Police Academy just graduated and that they
Mayor Webb aunounce'd'ithat there are 261 days until the City's 100th birthday.
Mayor Pro Teni Rosansky announced that the Float Committee is still looking for volunteers
to decorate the City's Rose Parade float on December 26 and December 27.
CALENDAR
5. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF NOVEMBER 22, 2005 AND ADJOURNED REGULAR
MEETING OF NOVEMBER 29, 2005. Waive reading of subject minutes,
approve as written and order filed.
6. 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.
Volume 57 - Page 499
City of Newport Beach
City Council Minutes
December 13, 2005
ORDINANCE FOR INTRODUCTION
AMENDING NEWPORT BEACH MUNICIPAL CODE 10.50.020,
OFFENSES AND NUISANCES TO ADDRESS PROPERTY
MAINTENANCE STANDARDS. [100 -2005] Introduce Ordinance No.
2005 -22 and pass to second reading on January 10, 2006.
ORDINANCES FOR ADOPTION
8. ORDINANCE EXTENDING NON - EXCLUSIVE SOLID WASTE
FRANCHISES WITH FRANCHISED SOLID WASTE E ERPRISES
AND APPROVAL OF ASSIGNMENT TO US #`"WASTE OF
CALIFORNIA. [421100 -2005] Adopt Ordinance No. 5 -20.
9. MODIFICATION OF NBMC SECTION 14104'b20 ` -;WELLING UNIT
AND BUSINESS STRUCTURE SEWER ONNEC N. [100 -2005]
Adopt Ordinance No. 2005 -21. '
�e
RNSOLUT141V$ FOR ADOP_T14N ".
10. RESOLUTION RELATING TO.... CUTING A PROPOSITION 40
PHASE II GRANT AGREEM T WITH THE STATE WATER
RESOURCES COftROL BOAR 1, (C- 3818). [381100 -2005] Adopt
Resolution No. 200M14thorizing the` City to execute an agreement (C-
3818) with the State '' �atertesources Cohtrol Board under the Proposition
40 Phase II - Watershed, Clean' eaches anaAVater Quality Act.
11. CONTRACTS AND RELATED DOCUMENTS INITIATING VENDOR
tSUPPORT OF RETIREE MEDICAL PROGRAM (C- 3819). [381100-
OOS]� Approve theGroup Funding Agreement (Contract) (and related
" Ply Sponsor "$nb,ussion Information) with ING Life Insurance and
Anntiat om an the Investment Manager; 2 ) approve the Trust
Agreement with ING National Trust, the Trustee; 3) approve the
Admini ;native Services Agreement (Contract) with Administrative
='Resources Corporation (ARC), the Plan Supervisor; 4) approve the Basic
3 Plan Document and related Adoption Agreement; 5) authorize the City
Manager to sign the above documentation on the City's behalf; 6) appoint
the Administrative Services Director (Chair), Human Resources Director
(Vice Chair), Assistant City Manager, and Deputy Administrative Services
Director as members of the City's Retiree Medical and Deferred
Compensation Committee; and 7) authorize a budget amendment (06BA-
032) appropriating $75,000 from unappropriated General Fund Balance to
Account Numbers 0510 -8080 ($15,000) and 6310 -8075 ($60,000).
12. 2005 -2006 SIDEWALK, CURB AND GUTTER REPLACEMENT
PROGRAM - AWARD OF CONTRACT (C- 3789). [381100 -2005] 1)
Approve the plans and specifications; 2) award the contract (C -3789) to C.S.
Legacy Construction, Inc. for the total bid price of $590,443 and authorize
the Mayor and the City Clerk to execute the contract; 3) establish an
amount of $59,044 to cover the cost of unforeseen work; and 4) approve a
budget amendment (06BA -030) appropriating. $57,000 from the General
Volume 57 - Page 494
City of Newport Beach
City Council Minutes
December 13, 2005
Fund Operating Budget Account No. 3130 -8036 (Maintenance East Coast
Highway) to Account No. 7013- C3140850, and appropriating $62,000 from
the General Fund Operating Budget Account No. 3130 -8239 (Concrete
Maintenance) to Account No. 7013- C5100020.
13. DIGITAL ORTHOPHOTOGRAPHY AND TWO -FOOT CONTOUR
SERVICES - APPROVAL OF A PROFESSIONAL SERVICES
AGREEMENT WITH MERRICK & COMPANY (C- 3396). [381100 -2005]
Approve a Professional Services Agreement with Merrick & Company for
services to produce digital orthophotography and two -foot cpntours at a
proposed cost of $148,566 -
14. IRVINE TERRACE WATER VALVE, OCEAN, AND ORANGE
STREET WATER MAIN REPLACEMENTS; ` D OF CONTRACT
(C- 3643). [381100 -2005] 1) Approve the plani 5nd spe cations; 2) award
the contract (C -3643) to John T. MalloyVr the total biirice of $671,300
and authorize the Mayor and the City_ erk to execute thentract; and 3)
establish an amount of $100,000 :8 ,er the cost of unforesee ork.
15. MEMORANDUM OF UNDE , DING (MOU) WITH' MRINE
SAFETY OFFICERS ASSOCIATION (C- 2058). [381100 -200 Approve
the MOU with therine Safety'Officers Association (MSOU) for the
eighteen month I gnuary 20051arough June 2006.
16. SUPPLEMENTAL -XEM0 DA On,, UNDERSTANDING WITH
NON EMPLOYEE, SOCIA'i<IONS TO IMPLEMENT
REi1CFE MEDICAPGRAIVI AhTD ESTABLISH BI- LINGUAL
PAY. [88/100 -2005] ove Supplemental Memoranda of Understanding
-z .
(SMOUSs) with the � following employee associations: City Employees
-Association (C- 2059), !Employees League (C -2065) and Professional and
kchmi " ,Employees sociation (C- 2051); and add Section 2.A - Salary to
re`si, EeCtidpe period beginning December 24, 2005 (concurrent
wit ? >the implemea' ation of the revised retiree medical benefit), salaries
shale, increased by I %."
18. " APPROVE PURCHASE OF MOBILE DATA COMPUTERS FOR
POLICE PATROL VEHICLES. [100 -2005] 1) Approve purchase of 35
replacement mobile data computers for use in marked police vehicles used
by sworn police personnel from Dell Computer Corporation for $223,620.03
from existing budget appropriations; 2) approve purchase of 31 replacement
mobile data computer mounts and related electronic equipment consoles for
use in marked police vehicles used by sworn police personnel from Dell
Computer Corporation for $32,163 from existing budget appropriations; and
3) approve purchase of retrofit services to remove /install computer mounting
equipment and consoles from Computer Deductions Incorporated (CDI) for
$15,000 from existing budget appropriations.
20. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE
NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE
FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR
FY2005/06. [100 -2005] Approve a budget amendment (06BA -029) to
Volume 57 - Page 495
City of Newport Beach
City Council Minutes
December 13, 2005
increase revenue estimates by $81,900 in Account No. 4010 -5893 and
increase maintenance & operation expenditure estimates by the same
amount in Division 4090, Foundation.
21. DEVELOPMENT OF AN AUGMENTED PUBLIC OUTREACH
PROGRAM FOR THE PROPOSED GENERAL PLAN. [100 -2005]
Information only - no action required.
22. NAMING OF PARK LOCATED AT MESA DRIVE AND BIRCH
STREET (contd. from 11/22/05). [100 -2005] Continue this item to a
future City Council meeting, date to be determined.
City Manager Bludau noted the additional language to be added Section 2.A of the
Supplemental Memorandum of Understanding (Item 16) atiported that the
recommendation has been amended for Item 19.
Motion_by_ Council_Member Selich to approve the,,C
items removed (17 & 19), and noting the addition "of
amendment to the recommendation on Item 19.4t-- -
The motion carried by the following roll call vote:
Ayes: Council Member Selich,
Webb, Council Member
Calendar;` cept for those
2.A to It.; 16 and the
Mayor Pro Tem Rosansky, Mayor
iaigle. Council Member Nichols
K. PUBLIC HEARINGS
23. MARINEAVENUE BUSI ES x IMPROVEMENT DISTRICT RENEWAL:
RENEYyAL OF THE BUS iSS IMPROVEMENT DISTRICT FOR THE
SHORTENED„'2006FISCAL AR. [100 -2005]
�`
Mayor'k bb,�tip "fined the pubh"hearing. Hearing no testimony, he closed the public
Berger announced that they have received no protests.
by_C cil Member. Ridgeway to adopt Resolution No. 2005 -60
ng the levy of the BID assessment for the 2006 short fiscal year since the
represented less than 50 percent of the total assessment amount.
motion carried by the following roll call vote:
Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem
Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle,
Council Member Nichols
24. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT
RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION
FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR A
SHORTENED FISCAL YEAR 2006. [100 -2005]
Program Manager Trimble announced that they have not received any protests.
Volume 57 - Page 496
City of Newport Beach
City Council Minutes
December 13, 2005
25.
Mayor Webb opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member, Ridgeway to adopt Resolution No. 2005 -61
confirming the levy of the BID assessment for the 2006 shortened fiscal year since
protests represent less than 50 percent of the total assessment amount.
The motion carried by the following roll call vote:
Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem
Rosansky, Mayor Webb, Council Member Ridgeway, Council tuber Daigle,
Council Member Nichols
2005 UPDATE TO THE CITY OF NEWPORT 13EA ` URBAN WATER
MANAGEMENT PLAN. [100 -20051 =`° Ilk
Acting Utilities Director Antista utilized a P
Urban Water Management Plan througha
components of the Plan. He reported o ;'their
how the City gets its water, and empha' .,
with an emergency supply. Administra ta.
taking place in Buck Gully and the SmartTin
Ridgeway noted that the reb4wgram ends
Mayor Webb opened the
hearing.
Motion
The
2005 U
by the
rY.er'oint presentati to discuss the
030 sand highh lit the required
w ter conservation effo ,explained
fiat the City is one of th my cities
Manager Deutsch discussed efforts
�r Rebate Program. Council Member
�knuary 31, 2006.
testimony, he closed the public
nsky to adopt Resolution No. 2005 -62, which
ater Management Plan.
roll call vote:
if.jfeffeinan, Council Member Selich, Mayor Pro Tem
:"r,
Mayor Webb, Council Member Ridgeway, Council Member Daigle,
mber Nichols
26. COUNCIL ESTABLISHMENT OF A CITY HALL SITE REVIEW
COMMITTEE AND A FACILITIES FINANCE REVIEW COMMITTEE,
ESTABLISHMENT OF GUIDELINES FOR BOTH COMMITTEES,
INCLUDING THE NEWPORT VILLAGE SITE AS A POTENTIAL CITY HALL
SITE AND ESTABLISHMENT OF A PROCESS TO ACCEPT COMMITTEE
ekPPLICATIONS. [351100 -20051
City Manager Bludau provided the staff report and utilized a PowerPoint
presentation to discuss the proposed makeup and duties of the City Hall Site Review
Committee and the Finance Review Committee. He noted that, if the City Hall were
located elsewhere, the fire station will remain at its current location. He believed
that, due to the timeline, the committees will need to meet weekly. He indicated
that Council should see how many applications are received and then decide the
process for selecting committee members. It was the consensus of Council to amend
the number of members for both committees to be no less than 7, but no more than
11 public members.
Volume 57 - Page 497
City of Newport Beach
City Council Minutes
December 18, 2005
In response to Council questions, City Manager Bludau confirmed that the Facilities
Finance Committee will prioritize the capital improvement needs and provide cost
ranges. He reported that staff will provide information relative to whether the City
can finance the facilities and provide the budget outlook. He believed that the list
will be provided by the time the committee members are appointed.
It was the consensus of Council to have the committee reports completed by May 1,
2006, so they can be reviewed by Council during the first meeting in May. Further,
it was determined that each committee should have two non - voting Council
Members on them.
Mayor Webb opened the public hearing. Hearing no testimony, b� Closed the public
hearing.
Motion _by._Council Member Ridgeway to 1) est #fish the committees and
the guidelines for the committees to funef on, making anges to the
recommendations as Council sees fit; and 2) aifveitise that City Co '1 is accepting
applications for these committees until noon, January 6, 2006, with t intention of
appointments being made at the January; 24th teular City Council me
The motion carried by the following roll call vote:
4
Ayes: Council Member He Council Member Selich, Mayor Webb, Council
Member Ridgeway, Counccii �iVlember Daigle; Council Member Nichols
Noes: Mayor Pro Tem Rosans"
Public Wor j3 ector Badu»; reported onv the ,jt�onstraints of the Newport Village
site relative to a height limns view plains, topography, excavation, drainage
course; and groundwater. He ]ndicated that moving 3,000 truckloads of dirt could
cost nfaillionito $5 million. Planning Director Temple highlighted the non - codified
Newport eg7Slght plane ordinance which protects view planes and landscaping.
'sttor� @y CIA'
usonconf`irmod that Council can modify the ordinance.
Ilk
Mayof Webb i` tend the public hearing.
Bernie :Svalsted 2inphasized that this site is no longer called "Newport Village' since
Council already voted to name it "Newport Center Park ". He expressed his reasons
why .Council should eliminate the park for consideration and discussed the site's
history. He also expressed concern about losing the potential donor and the park.
. , -0ebra Allen, Parks, Beaches & Recreation Commissioner, reiterated that Council
named the site Newport Center Park on June 28 and that they have been working
for years to develop it as a park. She reviewed the history of the site and added that
the drawings are almost complete.
Val Skoro asked why the City would risk losing a donor when the park is ready to
move forward.
Karen Tringali, Corona del Mar Residents Association, reported that they support
preserving the site as a park site and shared some of the email responses.
Elaine Linhoff believed that this cannot be a potential site for City Hall since it's
already a park.
Volume 57 - Page 498
City of Newport Beach
City Council Minutes
December 13, 2005
Jan Vandersloot urged Council to eliminate this site for the new City Hall and
reviewed the 1992 CIOSA agreement. He discussed the delays that could occur due
to zoning changes and the required EIR, and the potential for losing the park donor
money. He indicated that he likes the current site for City Hall.
BJ Johnson hoped that the City doesn't take away the CIOSA agreement from the
public and expressed concern with the potential traffic if the site was selected for the
City Hall.
Ben Schmitt believed that the current City Hall should be remodeled
he would like to be on City Hall Site Review Committee. He sugge;
park as a park due to traffic.
Mayor Webb closed the public hearing.
Motion bv-_.Council Member Selich to
potential City Hall site.
The motion carried by the following roll
Ayes: Council Member Heffernan, Coun
Rosansky, Mayor Webb, Council Mem
Noes: Council Member Nich&L.
27. BAYSIDE RESIDENTIAL
(PA2004 -072). [100 -20051
Mayor Webb opened the pub.
Motion by_Mayor._ Pro _,Ter
10, 2006, ri
stated that
leaving the
site as a
Member Selich, Mayor'�Pro Tem
Ridgeway, Council Member Daigle
- 919 BAYSIDE DRIVE
to continue the public hearing to January
roll call vote:
r Heffernan, Council Member Selich, Mayor Pro Tem
: Webb, Council Member Ridgeway, Council Member Daigle,
Nichols
.BARA CONDOMINIUMS - 900 NEWPORT CENTER DRIVE
(LENNAR HOMES) (contd. from 11/22/05). [100 -20051
pened the public hearing.
Motion by Mayor Pro Tem Rosansky to continue the public hearing to January
10, 2006.
The motion carried by the following roll call vote:
Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem
Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle,
Council Member Nichols
29. COASTAL LAND USE PLAN. [100 -20051
Volume 57 - Page 499
City of Newport Beach
City Council Minutes
December 18, 2005
Motion by Council Member Ridgeway to adopt Resolution No. 2005 -63 adopting
the Coastal Land Use Plan with the modifications approved by the Coastal
Commission (Exhibits 1 and 2).
Senior Planner Alford provided the staff report and noted that, on November 14, the
LCP Committee concluded that the modifications were acceptable and recommended
that Council adopt the Coastal Land Use Plan.
Council Member Nichols believed that the LCP has inequities and expressed
concerns relative to the coastal bluffs. ,
Mayor Webb opened the public hearing. Hearing no testimony, hwaosed the public
hearing -'
CAF
Jt' a
The motion carried by the following roll call vote: x f
Ayes: Council Member Heffernan, Council Member Selich, May Webb, Council
Member Ridgeway, Council Member .Daigle
Noes: Council Member Nichols
Absent: Mayor Pro Tem Rosansky
L. PUBLIC COMMENTS
Stephanie Murguia, Leadership Tomoxrtsy¢_B oar d Membe; reported that they are accepting
nominations until December 29 for outstandmg,leaders m the community. She stated that
people can send nominations to infc&lleadership , ,morrow:ig or call the Newport Beach
Chamber of Commerce. at 949 - 729 -4400. She no e3 that Council will soon receive their
x.
invitation to the F,,olrua" "LT 23 event.
M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE, ACTIVITIES
i5
Ad Hoc General P1en Update Committee (GPUC) - No report.
Local Coas£aI Program Certification Committee - No report.
Newport Coast Advisory Committee - No report.
g
Mariners Joint Use Library Ad Hoc Steering Committee - No report.
Y'
City Centpunial 2006 Committee - Mayor Webb announced that they need more
voYunteerssf'or the Rose Parade float.
- t
Cityt;C uncil/Citizens Ad Hoc Committee for Marina Park Planning - No report.
City Council Ad Hoc Marina Park Advisory Committee - No report.
Santa Ana Heights Project Advisory Committee - Council Member Daigle reported that
the City's first riding arena will probably open in spring.
N. PLANNING COMMISSION AGENDA AND ORAL_ _STATUS REPORT
30. PLANNING COMMISSION AGENDA FOR DECEMBER 8, 2005. [100 -2005]
Planning Director Temple reported on the following Planning Commission
items: Brookfield Homes (PA2004 -251) - 1301 Quail Street; Wilson Automotive
Group (PA2005 -232) - 848, 888 Dove Street and 3901, 3931, 3961 MacArthur
Volume 57 - Page 500
City of Newport Beach
City Council Minutes
December 13, 2005
Boulevard; Pas Tu Cafe (PA2005 -213) - 216 -1/2 Marine Avenue; and Mariner's Mile
Gateway (PA2004 -141) - 100 -600 West Coast Highway.
Regarding Mariner's Mile Gateway, Council Member Heffernan requested that staff
look into whether the builder can put up a bond to ensure that construction is
completed.
O. CURRENT BUSINES$
31. APPROVAL OF DONOR AGREEMENT TO INCLUDE NAMING RIGHTS
FOR NEWPORT CENTER PARK AND FUNDING PARK ! O�TRUCTION
SHORTFALL. [100 -20051
City Attorney Clauson reported that this item needs tov continued because
the terms of the donation have not been finalized. SheafiicatRghat the donor can
make the donation to a separate foundation and tklien!direct the y to the City
once an agreement has been reached. !
Motion by Council Member Rid�ew to continue the item to Janus l0, 2006.
The motion carried by the following roll ca �pte:
= &P
Ayes: Council Member Selcly Council Member Heffernan, Mayor Pro Tem
Rosansky, Mayor Web% t'Cauncil Member'R dgeway, Council Member Daigle,
Council Member Nichols - =%
32. COUNCIL CONSIDERATION OF,AMENDMENT TO LEXUS SALES TAX
SHARINQ AGREEMENT TO, �EIMBUR3E - LEXUS FOR FEES PAID TO
CITY F4�t ITSEpROFIT (C 7D 97 [38/100 -20051
City MgnagerBludau provided the staff report, clarified that the estimated cost to
the Cityzas actually
$962,000, and explained how this affects the agreement's
tiq_-,line $e hi ghiight � e� recommendations and confirmed that the original
agrE a rent was for $9.5 million plus interest at 5 %. He reported that the
assumptions txom Lexus during the original agreement were that they would
generate $1.5 Bullion in sales tax the first year and $5.2 million a year by the
thirteenth year
Richard Luehrs, Newport Beach Chamber of Commerce Government Affairs
Committee, expressed their support for this.
Motion by Council. Member Ridgeway to 1) amend the previous sales tax
sharing agreement with David Wilson to allow the recovery of fees to be paid to the
City for the processing of this project; 2) direct staff to prepare the amendment to
the agreement which incorporates the reimbursement of project fees to be paid to the
City in the amount of $843,544.44 as a part of the previous sales tax sharing
agreement and have that agreement reviewed by Council Members Heffernan and
Rosansky prior to being finalized; and 3) authorize the City Manager to execute the
amendment upon approval of Council Members Heffernan and Rosansky and the
City Attorney.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Heffernan, Mayor Pro Tem
Volume 57 - Page 501
City of Newport Beach
City Council Minutes
December 13, 2005
P.
Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle,
Council Member Nichols
33. ACCEPTANCES OF UP TO SEVENTEEN (17) OFFERS TO DEDICATE
( OTDs') EASEMENTS FOR COASTAL ACCESS. [100 -20051
Mayor Webb indicated that Council received a presentation on this item during the
afternoon Study Session.
Motion by Council Member Ridgeway to adopt Resolution No. 2005 -64 accepting
all the easements providing public access to the shoreline in and WpLd Newport
Bay.
Council Member Nichols indicated that he only agrees with'%ccepting the offers to
dedicate coastal easements.
The motion carried by the following roll call vote
Ayes: Council Member Heffernan, Council Member Selich, Maw Pro Tern Rosansky, Mayor Webb, Council Membe;;Ridgeway, Council Membe T Daigle
Noes: Council Member Nichols : w
ITEMS REMOVED FROM THE.CqXSENT CALENpAR
17. UNSCHEDULED VACANC
ON T1 CIVIL SERVICE BOARD. [100 -20051
h
Council Member Ridgeway ex ressed conce "r'ii -that Albert Graham was previously on
the Civil �Or i " Board for dightsyears and`iead the Council Policy relative to
appointpt'ntts. ity Attorney uson believed that Council can waive the policy,
but pt nted out °that, pursuan�6to the Charter, Council must nominate three people
for the�ivil Service Board uns eduled vacancy.
av�r� �p1� a
lion by Council: e - Ridgeway to confirm the nominations (Douglas
Cooker, Richard Goul Mbert Graham) made by the Ad Hoc Appointments
Committee totfill the unscheduled vacancy as a result of the death of Robert
The motion carried by the following roll call vote:
Ayei: Council Member Selich, Council Member Heffernan, Mayor Pro Tem
Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle,
'.
Council Member Nichols
19. APPROVAL FOR THE INSTALLATION OF CARPET AT THE CENTRAL
LIBRARY (C- 3820). [381100 -20051
M..otion_by Council, Member Heffernan to 1) approve the purchase and
installation of new carpet at the Central Library in the amount of $255,113.27
pursuant to a contract with C &A Floorcoverings to be approved by the City
Attorney's Office, and authorize the City Manager to execute the contract (C- 3820);
and 2) approve a budget amendment (06BA -031) in the amount of $15,113.27 from
the unappropriated balance of the General Fund to Account No. 7019- C4050821.
The motion carried by the following roll call vote:
Volume 57 - Page 502
City of Newport Beach
City Council Minutes
December 13, 2005
Ayes: Council Member Selich, Council Member Heffernan, Mayor Pro Tem
Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle,
Council Member Nichols
Q. 'MOTION FOR RECONSIDERATION -None.
R. ADJOURNMENT - 10:22 p.m.
The agenda for the Regular Meeting was posted on December 7, 2005, at 2:45 p.m.
on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Recordi
!.Mayor
Volume 57 - Page 503