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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