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HomeMy WebLinkAbout01 - Minutes - 01-24-2006 & 01-31-2006City Council Meeting , February 14, 2006 Agenda Item tlq. I CITY OF NEWPORT BEACH City Council Minutes Study Session January 24, 2006 — 3:00 p.m. ROLL CALL DRAFT Present: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Absent: Council Member Nichols (arrived late) 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Mayor Webb announced that he would be asking to have Item Nos. 23 and 24, both regarding the Cameo Community Association, moved to the Consent Calendar at the evening meeting. Council Member Daigle referred to Item No. 14 and received clarification from City Manager Bludau on how the proposed 20 Year City Facilities Replacement Plan would be used. Council Member Ridgeway announced that he would removing Item No. 5, Commercial Activity Regulation on Newport Harbor, from the Consent Calendar at the evening meeting. 2. TRAFFIC SIGNAL COORDINATION PROGRAM - STATUS REPORT. (100- 20061 Public Works Director Badum summarized the information contained in the staff report and stated that staff has continued to implement the recommendations of the signalized intersection study performed in 2003. He provided an update on the status of several specific projects and technological advances, and stated that staff continues to evaluate all signalized intersections for potential improvements. In response to questions by the Council Members, Public Works Director Badum explained what traffic signal synchronization and coordination means, and which intersections in Newport Beach are currently coordinated. Council Member Ridgeway criticized the City's system and the lack of system -wide synchronization, and . questioned the City's use of technological advances. Transportation/Development Services Manager Edmonston provided additional information on what is possible to coordinate, and what the City is doing and has done. He explained constraints to making some improvements and how adjustments to the system are made, and noted the inconsistency of traffic models. Council Member Nichols joined the meeting at 3:36 p.m Volume 57 — Page 523 City of Newport Beach Study Session Minutes January 24, 2006 Council Member Daigle urged staff to utilize the newest technological advances and solutions available. 3. WHITE SEA BASS HATCHERY - ISSUANCE OF NEW PERMIT WITH CONDITIONS AND MOVEMENT OF THE FACILITY. 1100 -20061 Using a PowerPoint presentation, Harbor Resources Supervisor Miller summarized the information contained in the staff report, provided background information on the issue and noted that it is on the evening meeting's agenda, Item No. 21, for action. He displayed the special conditions being recommended for the mooring permit, as provided in the staff report. Mr. Miller also displayed an aerial photo showing the various locations that were considered for the mooring, and outlined the pros and cons of each option. Additionally, he reported on the noticing that was done and the responses that were received. In response to questions by the Council Members, Mr. Miller stated that a new location is being considered due to complaints from residents in the area of the current location. Douglas Wood urged the City Council to deny a new mooring permit for the Balboa Angling Club. Tom Tyson urged the City Council to require that the barge be removed from Newport Harbor. I," Gilliland stated that it's not fair that she and her neighbors have had to endure the barge for so many years. Brian Ouzounian expressed his disagreement with the staff recommendation and the report given by Harbor Resources. Dan Gilliland stated that the barge should not be located in Newport Harbor and urged the City Council to deny the permit. He provided a handout with information about the pollution created from the fish in the barge. Tracy Bishop, California Department of Fish & Game, Coordinator of the White Sea Bass Program, provided additional information and some clarifications about the program. Paul Balalis expressed his concern for the pollution that might be created from the barge. Gabriel Buhr, Hubbs Sea World Research Institute, Grow Out Facility Coordinator, expressed his support for the work done by the Balboa Angling Club and the program. Carter Ford spoke in opposition to the alternate location being considered, mooring area "A ", row 30, due to boating and navigation concerns and the narrowness of the channel in that area. Alex Samios, Director of the Balboa Angling Club and President of Pac Fish, stated that the barge has been managed appropriately and repairs are being made. He expressed his agreement with the permit conditions being recommended, with the exception of Conditions Nos. 6 and 13, and asked the City Council to change the length of the fallow period from six months to twelve months, and to waive the Volume 57 - Page 524 City of Newport Beach Study Session Minutes January 24, 2006 mooring permit fee. Pete Pallette expressed his disagreement with allowing the barge and the hatchery to remain in Newport Harbor. 4. SEA LION RELATED ORDINANCES. 1100 -20061 Using a PowerPoint presentation, Harbor Resources Manager Rossmiller listed the reasons for the two proposed ordinances, as being recommended for introduction at the evening meeting, Item No. 20. He discussed what has been the most effective ways of dealing with the sea lions, and what the primary features of the ordinances are. He also displayed photos showing examples of several deterrent measures. Harbor Resources Manager Rossmiller displayed the public information bulletin being recommended to let the public know what they can do to help. And, lastly, he responded to questions by the Council Members. Hunter Strohman, Manager of Marina Water Sports, expressed his support for the adoption of the ordinances. Brain Ouzounian expressed his concern, as a homeowner, for being fined or cited if sea lions are found on his dock. Harbor Resources Manager Rossmiller stated that citations will be only be issued when the City's warnings are ignored. 5. BACK BAY SCIENCE CENTER PROJECT UPDATE (C -3460). 1381100 -20061 Using a PowerPoint presentation, Assistant City Manager Kiff provided information on the concept for the center, and displayed a list of the partners involved. He also displayed an aerial photo of the site, as well as the plans for the center, and briefly discussed the preliminary budget and how the shortfall will be addressed. Public Works Director Badum stated that staff is pursuing a construction management at risk type of contract for the project. He explained that there will be sixteen different trade contracts, which will each be bid separately and a project manager will administer the contracts on the City's behalf. He provided the project timeline, and noted that construction is expected to begin in March of 2006. In response to questions by the City Council, Project Engineer Pickart explained how Barnhart, Inc. was selected as the project manager, and Public Works Director Badum provided additional details on how the contract with Barnhart, Inc. will be structured. Glynna Hoekstra, Senior Vice President, Barnhart, Inc., stated that the guaranteed maximum price is the at -risk portion of the contract, and explained the reason for the contingency. Ms. Hookstra listed the costs that will be incurred by Barnhart, Inc. Council Member Ridgeway requested that additional details on the costs and the contract with Barnhart, Inc. be provided when the issue returns to the Council at the meeting of February 14, 2006. It was agreed that further analysis should be presented and the contract should also be compared with other contracts. Council Member Daigle expressed her support for the project and the collaborative effort. Assistant City Manager Kiff stated that with the partners that have come together, the project could be a model for future cooperative projects. Volume 57 - Page 525 City of Newport Beach Study Session Minutes January 24, 2006 Philip Lugar expressed his opposition to using a construction manager on this particular project, due to its size and simplicity. Assistant City Manager Kiff noted the habitat sensitivity of the area and the regulatory agencies that will be involved. Greg Wool, Board Member of the MiOcean Foundation, highlighted the goals of MiOcean and expressed support for the project. Jack Keating, Newport Bay Naturalists & Friends, expressed support for the project and the collaboration opportunity for the agencies involved. Additionally, he complimented staff on the approach being proposed for the management contract. Regina Fodor, President of Newport Bay Naturalists and Friends, expressed support for the project and the valuable education that the center will provide. 6. GENERAL PLAN UPDATE - REVIEW OF DRAFT ARTS AND CULTURAL RESOURCES AND HISTORIC RESOURCES OPTIONAL ELEMENTS. (351100 -2006) Assistant City Manager Wood briefly summarized the information provided in the staff report and the direction being asked of the City Council. Council Member Ridgeway expressed his support for including the two elements in the General Plan as long as doing so wouldn't impair the seven mandatory provisions of the General Plan. He suggested that the wording in Policies 1.2 and 3.5 in the Arts & Cultural Resources element, regarding funding, be amended. Kirwan Rockefeller, City Arts Commission Chair, provided a handout highlighting the changes to the Arts & Cultural Resources element being recommended by the City Arts Commission. Additionally, he provided reasons for including the Arts & Cultural Resources element in the General Plan. Council Member Daigle expressed her support of Mr. Rockefeller's comments. There was a general discussion and agreement by the Council Members that a change to the language in Policies 1.2 and 3.5 needs to be made. Assistant City Manager Wood confirmed that all of the elements in the General Plan will be returning to the City Council beginning in April 2006, and that the initial direction being provided by the City Council will be used for the preparation of the Environmental Impact Report (EIR). Nancy Gardner, General Plan Advisory Committee (GPAC) Co- Chair, confirmed that GPAC supports the recommendations of the City Arts Commission. There was a general consensus by the Council Members to support the recommendations of the City Arts Commission, but to also incorporate new wording regarding the City providing funding for arts and culture. Regarding the Historical Resources element, there was a general consensus by the Council Members to include the element in the General Plan, as previously recommended by the City Council. Council Member Daigle expressed her concern that the element duplicates State and Federal laws. Assistant City Manager Wood explained when State and Federal laws apply, and clarified how the Newport Beach Register of Historical Property is used. Council Member Daigle stated that she would express her additional concerns when the element returns to the City Council. Volume 57 - Page 526 City of Newport Beach Study Session Minutes January 24, 2006 PUBLIC COMMENTS - None ADJOURNMENT - at 6:00 p.m The agenda for the Study Session was posted on January 18, 2005, at 4:20 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 527 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 24, 2006 — 7:00 p.m. STUDY SESSION - 3:00 p.m - 6:00 p.m. A. B. ROLL CALL Present: Council Member Selich, Mayor Pro Te osans'�Mayo Ridgeway, Council Member Daigle, Cou r, Mer&r Nichols C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - May E. INVOCATION - Reverend Robert F. PRESENTATIONS Evacuation Iri I Pres 'ntation - holding an evAntion dill on Febri members of the P Uity Hall. G. H. I. Webb, Society Member Manager Farley announced that the City will be from 9:00 a.m. to 11:00 a.m. for all employees and Presentatiodssto Float Connuittfie'.Volunteers - Following the showing of the Rose Parade video, Mayor -y�ebb 'presented certificates to the Float Committee Members. Committee Chairman Trine pre - ted signed prints of the float to Tim Estes and Project Supervisor ' Larry Warden o iesta de Floats. Mayor Webb also recognized Pat Smith and Recreation pLnd Senior Se s Direc r Knight for their hard work during the project. Mayor Webb announced that there are 220 days until the City's 100th birthday and read "Centennial Moments ". CONSENT CALENDAR (Items 1 to 14, 23, and 24) READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF JANUARY 10, 2006.[100-20061 Waive reading of subject minutes, approve as written and order filed. Volume 57 - Page 528 City of Newport Beach City Council Minutes January 24, 2006 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCES FOR ADOPTION 3. SANTA BARBARA CONDOMINIUMS - 900 NEWPORT CENTER DRIVE (PA2004 -169) (LENNAR HOMES) (contd. from 11/22/05 & 12/13/05). 1100- 20061 Adopt Ordinance No. 2006 -1 approving Planned Community Development Plan No. 2005 -003. 4. CORPORATE PLAZA WEST, PHASE 2 (PA2005 ); PLANNED COMMUNITY AMENDMENT NO. 2005 -001- & T FIC STUDY NO. 2005 -004 -1200 -1400 NEWPORT CENTER DR A%HION ORATE PLAZA WEST) - 101 -1199 NEWPORT CENTER ISLAND). 1100 -20061 Adopt Ordinance No. 2006 -2. CONTRACTS AND AGREEMENTS 6. BALBOA ISLAND Bi 3796). 1381100 -20061 Resolution No. 2006 -( Highland is a non -resp4 Fleming Environment authorize the Mayor establish an amount of OF for YFRONTgREPAIRS -AWARD OF CO ACT (C- 1) Approve a plans and specification 2) adopt rejecting Hi nd Construction, Incas bid because Bible bidder; 3) and C -3796 to the second low bidder, Neof d price of $382,994.00, and execute the contract; and 4) unforeseen work. T41NG OVVIM SR -73 - APPROVAL OF A 3MENT WITH THE CALIFORNIA PORTATION (C -3724). 1381100 -20061 Approve between the City of Newport Beach and the nsportation (Caltrans) for preliminary and final Road Widening over State Route 73 (SR 73). 8. JEQ U FROM PROPERTY OWNER TO EXTEND THE EXISTING LIC LEY AND SIDEWALK WITHIN THE PUBLIC RIGHT -OF- Y ADJ CENT TO 402 DAHLIA AVENUE. 1100 -20061 1) Approve the Jowner s request to construct a reinforced concrete alley extension structure and a sidewalk extension with caissons and retaining walls within the public right - of -way adjacent to 402 Dahlia Avenue; and 2) direct staff to proceed with the processing and recording of the required encroachment agreement. 9. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE HOAG HOSPITAL MASTER PLAN UPDATE PROJECT (C -3760). 1381100 -20061 1) Approve an amendment to the professional services agreement with BonTerra Consulting of Costa Mesa, California, for additional work required for preparation of a Supplemental Environmental Impact Report for an additional amount not to exceed $37,150; and 2) authorize the City Manager to sign agreements. 10. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF CEQA DOCUMENTS FOR THE MARINER'S GATEWAY PROJECT ON WEST COAST HIGHWAY AT DOVER DRIVE Volume 57 - Page 529 City of Newport Beach City Council Minutes January 24, 2006 J. (C -3712). 1381100 -50061 1) Approve amendment to the professional services agreement with RBF Consulting of Irvine, California, for additional work required in conjunction with preparation of an Initial Study and Mitigated Negative Declaration for an additional amount not to exceed $10,500; and 2) authorize the City Manager to sign agreements. MISCELLANEOUS ACTIONS 11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES. 1100 -50061 Approve a budget amendment (0613 2) to increase expenditure appropriations by $11,771 in Division 406 iteracy, and to increase revenue estimates for the same amount in unt No. 4010 -4832, California Library Literacy Services. 12. INITIATION OF A GENERAL PLAN NDMENT NERAL PLAN AMENDMENT INITIATION NO. 20 USE DESIGNATION FROM SI RECREATION AND ENVIRO NT Ay AMENDMENT (CODE AMEND T' ZONING DESIGNATION FRO OPEN SPACE -ACT (OS -A) F 'R THE NORTHWEST) 1iY CORNER b SUPERIOR AVENU2 TRANS 1100 -50061 Approve the propo' ' 'tiat and Code Amendment and ado S'1 ET TREE FOR CAMEO COMMUNITY 100 -5 #061 Approve the New Zealand Christmas Tree as a Tree for the Cameo Community Association's reforestation 23. O1 TO C THE LAND GL FAMILY A CHED TO OPEN SPACE A CODE NO. 2006 -001) TO C GE THE TANNED COMMUNI (PC) TO THE PROPERTY LOCATED AT WEST COAST HIGHWAY AND T PROPERTY (PA2006-016). ion the General Plan Amendment ution o. 2006 -6 with the corrected XAMLt COMMUNITY ASSOCIATION SOUND WALLS AND ENTRY NHAN %MENTS ENCROACHMENT AGREEMENT. II00 -50061 prove aTencroachment agreement with the Cameo Community Association r the construction of sound walls and entry enhancements fronting East Coast Highway and authorize the Mayor and City Clerk to execute the agreement. Mayor Webb requested that Items 23 and 24 be placed on the Consent Assistant City Manager Wood announced that a corrected exhibit for Item 12 was distributed. Motion by Mayor Pro Tern Rosansky to approve the Consent Calendar, except for those items removed (5, 13 & 14); and noting the corrected exhibit to Item 12. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols PUBLIC COMMENTS Tom Billings, Protect Our Parks, took issue with statements made about the two Marina Park Volume 57 - Page 530 City of Newport Beach City Council Minutes January 24, 2006 K. L. 0 plans and displayed their Window to the Bay plan. Diane Harkey, Dana Point Council Member, requested support for her race for the 35th State Senate District seat and discussed issues of concern. ORAL REPORTS FROM CITX COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC) - No report. Local Coastal Program Certification Committee - Planning Commission Temple provided an update and Council Member Ridgeway discussed the timeline and requesteJ a committee. meeting in February. Newport Coast Advisory Committee - Council Member Nichols are held the first Monday of each month. Mariners Joint Use Library Ad Hoc Steering construction status report. City Centennial 2006 Committee - Mayor 4 held at 3:30 p.m. on February 2 at the Nautical City Council/Citizens Ad Hoc Comra ttee for unced that meetings - May ebb provided a that their next Planning - No report. will be City Council Ad Hoc Marina Par . ry Co e - Council Member Ridgeway announced that the Relocation Impact port pleted d, once it is filed with the City Clerk, will be distributed to the Marina :ark ten m eir co eel, and Council. PLANNING COMAMN AG NDA ORAL STA US REPORT 15. PLA1,1 GC MISSION A NDA FOR JANUARY 19,2006.1100-20061 m;. g review the following Planning Commission items: Stephen "She 1 ld Course ober Living by the Sea - 2811 Villa Way; Mariner's Mile teway' 100 -600 West Coast Highway (PA2004 -141); and Widening Coast Highway„betweil over Drive and Rocky Point. Motiogy Coun ii Member Nichols to appeal the Mariner's Mile Gateway Project locatedt 100 -600 West Coast Highway (PA2004 -141). died for lack of a second. 16. COUNCIL SELECTION OF CITY HALL SITE REVIEW AND FACILITIES FINANCE REVIEW COMMITTEE MEMBERS. 1351100 -20061 Mayor Webb read the procedure for selecting the Committee members and Chairmen. Jack Wu discussed his qualifications and willingness to serve on the Facilities Finance Review Committee. Following Council conducting their votes by paper ballot for the. City Hall Site Review Committee, City Clerk Harkless announced that Steve Brahs, Gordon Glass, John Hamilton, Rush Hill, Lloyd Ikerd, Roberta Jorgensen, Don Krotee, John Nelson, Wallace Olson, Scott Riddles, and Larry Tucker were appointed to the Committee. Volume 57 - Page 531 City of Newport Beach City Council Minutes January 24, 2006 Council Member Daigle received clarification relative to the duties of the City Hall Site Review Committee from Mayor Webb and Council Member Ridgeway. Following Council conducting their votes by paper ballot for the Facilities Finance Review Committee, City Clerk Harkless announced that Fay Bosler, Tim Brown, John Buttolph, Keith Curry, Don Dalis, Steve Frates, Denis Gitschier, Steve LaBruna, Phil Smoot, Roy Ward, and Jack Wu were appointed to the Committee. By unanimous paper ballot, City Clerk Harkless announced that Larry Tucker was appointed Chairman of the City Hall Site Review Committee. Following Council conducting their vote by paper ballot, City Clerk kless announced the vote for Chairman of the Finance Facilities Review Commitss follows: Keith Curry - Selich, Rosansky, Ridgeway Steve Frates - Daigle, Nichols, Webb! Following the second paper ballot vote, City,, -Clerk arkless announa d the vote as follows: Keith Curry - Selich, Rosansky, Ridgeway, Ni-d Is, Webb Steve Frates - Daigle T• City Clerk Harkless announ t eith Curry 's the Chairman of the Finance Facilities Review Committee. �, Mayor Webb indicated that he ' ends appoin ucil Member Selich and Mayor Pro V Tem Rosansky, wh Council Me Ridgeway as the alternate, on the City Hall Site Review ommittee; and appoint uncil Member Daigle and Mayor Webb, with Council Membei , icholalas the alternate n the Facilities Finance Review Committee. 17 n CABLE TELEVISION; SOLUTIONS OFFERING REJECTION AND DENIAL ` WTTEiOUT REJUD �` AiD CONDITIONAL APPROVAL OF AN APPLIATIOT+jTO TRANSFER A CABLE TV FRANCHISE HELD NOW BY ADELPHIA TO'EITHER TIME WARNER OR COMCAST (contd. from 1/10/06). Assistvii City Manager Kiff provided a staff report and explained the purpose of the two r" solutions. He discussed the legislation which could affect the City's ability to contr6l its own right -of -way, Public Educational and Government (PEG) channels, and echise fee revenue. City Attorney Clauson added that the franchise agreement ows the City to protect the consumer with regard to the type of service they receive and how cable service is provided. Kristy Hennessey, Vice President of Government Relations for Time Warner Cable, provided the company's perspective, what the denial/transfer means to the City, and discussed their commitment to customer service. She reported that they will not give the City any more extensions. She stated that they believe that they should not have to take on Adelphia a problems. She requested that Council do nothing tonight which would deem the transfer approved automatically, otherwise they will continue legally on their course and try to negotiate in good faith. City Attorney Clauson explained why it is important for the City to have Adelphia's problems fixed prior to transferring the franchise agreement to another entity. Motion by Council Member Daigle to 1) adopt Resolution No. 2006 -7 rejecting and Volume 57 - Page 532 City of Newport Beach City Council Minutes January 24, 2006 denying without prejudice the transfer of the Newport Beach cable television franchise now held by Adelphia to Time Warner; and 2) adopt Resolution No. 2006 -8 conditionally approving the transfer of the Newport Beach cable television franchise now held by Adelphia to Time Warner. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols N. CURRENT BUSINESS 18. RESIGNATION OF COUNCIL MEMBER HEFFERNAN YROM THE CITY COUNCIL AND THE OPTIONS AVAILABLE TO THE TY COUNCIL FOR FILLING THE VACANCY IN DISTRICT 7. 133/100 -20 Mayor Webb reported that John Heffernan's resigottion was Nee on January 11 and reviewed the District's general area. He oun d that appli ons are due on January 31 at 5:00 p.m. Motion by Ma or Pro Tem Rosansky t' eclare the District 7 Coun seat to be vacant; 2) use the same process used for the trict 5 vacancy; and 3) set February 7, 2006 as the date for the inte - 'ews /appointme at 7:00 p.m. if there are six or less applicants or 6:00 p.m. if there m ore than six .plicants. The motion carried by the folio ' g ro ote: Ayes: Coun�iber Selich, yc Tem sky, Mayor Webb, Council Member Rid ay, �ouncil Memb gle, Council ember Nichols 19. APP OITMENfS BY THE YOR TO THE COUNCIL/CITIZENS AD HOC COM E, -THE JOINT GOVERNMENTAL COMMITTEES, AND THE 1'EZEN Aix iiRYm OMMTEES.1100-20061 Mayo4Webb Announced that Council Member Ridgeway will be the Chair of the City Councih�d Hoc ?.Sphere Issues Committee, and Council Member Daigle will be the Chair he Ad H Telecommunications Committee. City C Ork Harkless announced that the Orange County Homeless Coalition (Affordable Housi tg) no longer exists and Brandon Nichols will replace Jaime Murillo as the Planing Staff Member on the Orange County Housing Commission - Advisory Motion by Council Member Rideewav to confirm the appointments, as revised. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 20. SEA LION RELATED ORDINANCES. 1100 -20061 Harbor Resources Director Rossmiller reported that the PowerPoint presentation was displayed during the study session and reviewed the recommendations and the notification/fine process. Volume 57 - Page 593 City of Newport Beach City Council Minutes January 24, 2006 Motion by Mayor Pro Tent Rosansky to 1) introduce Ordinance No. 2006 -4 related to the feeding of non - domesticated animals, and pass to second reading on February 14, 2006; 2) introduce Ordinance No. 2006 -5 related to vessel security on moorings and harbor structure security from sea lion boarding, and pass to second reading on February 14, 2006; 3) approve the public information bulletin; 4) approve the sample commercial vessel advertisement sticker; and 5) direct Harbor Resources to implement the educational component of the program including the public information bulletin mailing, the publishing of approved deterrent measures on the Harbor Resources website and the distribution of public notification materials to commercial harbor activities businesses before April 1, 2006. J Brian Ouzounian requested that a warning system be used or the issuance of residential citations be removed from the ordinance. He as that dock infrared detector sprinkler systems be made available for purchase -out at the City. He noted that sea lions are endangered species. Steven Greyshock, Pamela Rose boat owner, statpeth the sea lion lem is getting bigger. The motion carried by the following roll callwote' Ayes: Council Member Selich, 11 yor Pro Tem R9,sansky, Mayor Webb, Council Member Ridgeway, Council MembM gigle, Council °ember Nichols Lt L4'�`aF. x 21. WHITE SEA BASS HATC)ER SSUAN OF NEW PERMIT WITH CONDITIONS AND MOVEM NT OF T ACIL .1100-20061 fix: Harbor Re�sp�ce Supervisor )er summari comments received during the outreach.- eriod. Council Membe e dgeway requested that the emails Council received regard4 this issue be filed with he staff report. _j Fy Ahern eli6VQ khat the hat hery should be moved out of the Harbor since it is a poi. Assistant Cityger Kiff clarified that the areas near Balboa 'Island and T the Peninsula "lave the cleanest water in the Bay, but pointed out that the County Health '' partmt Rt only tests for fecal indicator bacteria levels, not antibiotics. Dan Gi and be that the deterioration of the white sea bass program led to the sea ho roblem last year and that the barge should be moved away from residential .. areas.Ie noted that row 30 borders on a commercial area, impacts fewer residents, "n,, and i'm front of the Balboa Angling Club. He requested that the permit be denied. y, �z Tom Tyson expressed his reasons for opposing the hatchery and questioned how many fish have been caught. He believed that the program is poorly designed and implemented. Douglas Wood requested that Council deny the permit, took issue that the pollution from the hatchery reaches his home, and noted that this project does not meet the City's standards. Tracy Larinto, California Department of Fish and Game, explained how the white sea bass program works and what type of staffing is involved. She indicated that fish only receive antibiotics if one' type of infection is present. She reported that they receive fingerlings from the Hubbs Seaworld Research Institute, over 50 adult white sea bass have returned, and they released their one - millionth fish in October 2004. She Volume 57 - Page 534 City of Newport Beach City Council Minutes January 24, 2006 indicated that there will be a program evaluation in five years. Council Member Ridgeway suggested moving the barge during fallow periods. Alex Samios, Balboa Angling Club, stated that they occasionally grow fish year round and that their goal is to have other species in the pen. He expressed reluctance about moving the barge due to cost. He noted that they have received letters of support, monitoring is written into the conditions, and they have already spent money to improve the barge. Steven Greyshock, Pamela Rose boat owner, believed that the pen can bskasily moved, but suggested that it remain since it helps the local fishermen. He noted that they have found ways to keep sea lions off their barge and offere assist the Balboa Angling Club with this Phil Doane read the letter he sent to Supervisor moved to the jetty during fallow times. He sugg( for the barge and authorize a temporary permit` this. ., Brian Ouzounian stated that the permit has City monitor the hatchery and evelop a bet that skiffs fish around the ba nd discm the waste. He requested that C§ eny the w nd suggedW that the pen be that Council other solutions e Coastal Com 'ssion reviews and of care and suggesUd that the and of care. He expressed concern the Balboa Angling Club handles Gabriel Burr, Research Biologis for Hubby world Vsearch Institute, reported that this is the only gram of its d on a' A ast. He clarified that there is no toxic bubbl a is no signifi ' pact to t benthos or water quality, and the waste i andle similar to u• other facilities. He noted that the sea lion popul n was a reason for de 'gning the barge with fiberglass raceways. He added that they n 1 into moving th pen during fallow times but expressed concern about the kesse r the hi - currents. In I Council suggestions for placement of the barge, Supervisor Miller reviewethe re , ns why the pen could not be placed in the Back Bay and stated that it can b laced n the bait barge during fallow times but those residents would then have tw arges n them. Council- ounci Member Ridgeway noted that this became an issue because of lack of /hme nance. He indicated that he is not sure how to write a standard of care for a fish ry, but di sagreed with the toxic concerns. He noted that there will be an annual and believed that relief needs to be looked at for the homeowners. Council Member Daigle agreed and recommended keeping the permit on a short leash. Motion by Mavor Pro Tem Rosansky to 1) review a proposed mooring permit (with special conditions) for the Balboa Angler Club to operate the White Sea Bass Hatchery in Newport Harbor; and 2) select existing mooring area "A ", row 17 for the hatchery. Substitute motion by Mayor Webb to 1) review a proposed mooring permit (with special conditions) for the Balboa Angler Club to operate the White Sea Bass Hatchery in Newport Harbor; and 2) relocate the hatchery to the west end of mooring area "A ", row 30. The motion died for lack of a second. Volume 57 - Page 535 City of Newport Beach City Council Minutes January 24, 2006 Amended motion by Mayor Pro Tem Rosansky to also change the fallow period to not exceed 12 months and waive the mooring fee. The amended motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Council Member Ridgeway, Council Member Daigle Noes: Mayor Webb, Council Member Nichols 22. BUDGET AMENDMENT AND PROFESSIONAL SERVICES AGREEMENT (C- 3825) WITH M4 STRATEGIES FOR A GENERAL PLAN UPP40E PUBLIC. INFORMATION PROGRAM (contd. from 1/10/06). [38/100 -2006 City Manager Bludau reviewed the recommendations a ported that Council Members Daigle, Rosansky, and Selich reviewed the con an 'll be reviewing the mailings. He noted that the City has used the firm for er mass 'lings. Motion by Council Member Selich to 1) app of ve a„°budget amend t (06BA -037) transferring $508,000 f r o m unappropriate 'neral n d reserve t o t he y Manager's professional and technical services acco -0310`080; and 2) approve a " ;ofessional Git services agreement with M4 Strategies and at�horize the Mayor and the y Clerk to execute it." The motion carried by the follo' - call vote: " ii Y$ Ayes: Council Member Selich, yo Pro Rosansy Mayor Webb, Council Member Ridgeway, ouncil Memb Daigle fi Noes: Counc er Nichols' 5 COMME IA ACTIVITY EGULATION ON NEWPORT HARBOR - MUNLCIP "CODRH E 5.18 AND 17.41. [100 -2006) uw Councit. Member Ridgeway received clarification from Revenue Manager Everroad relativelb how t `'various permits are handled through the proposed ordinance. Motion by Council Member Ridg9may to introduce Ordinance No. 2006 -3, regulaGTig commercial activities on Newport Harbor, and pass to second reading on Feb ry 14, 2006. ''i,T.13e¢motion carried by the following roll call vote: �m Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 13. REPORT ON IMPACTS OF INITIATIVE PETITIONS RELATED TO MAJOR DEVELOPMENTS AND FINANCING FOR PUBLIC IMPROVEMENTS PURSUANT TO THE ELECTIONS CODE. [100 -2006) City Attorney CIauson reported that the action is for Council to direct staff to generate a report on the issues listed in the staff report as authorized by the Elections Code. Volume 57 - Page 536 City of Newport Beach City Council Minutes January 24, 2006 Ij a] 14. of Alan Motion by Mayor Pro Tem Rosansky to request staff to prepare a report on the impacts of the two initiatives that are currently circulating for signatures as authorized by and in compliance with the Elections Code. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols STAFF'S COMPILATION OF THE 20 YEAR CITY FACILITY NEEDS FOR THE FACILITY FINANCING COMMITTEE'S CONSIDERATION. 135110 20061 City Manager Bludau indicated that the age and amount aintenance being conducted on the buildings, and how well the buildings are g the City's current and future needs were taken into consideration. Hen that tudy of the public safety facilities has begun and the list in the at eport is a 'cture of all City facilities. He emphasized that the committee's s pe is to look at facilities and focus on how they could be financed. The motion carried by the Ayes: Council Member Selich, Ridgeway, Council Men City Clerk p.m. to and file the report. roll call Tem RosUsky, Mayor Webb, Council Member ;Council Mber Nichols January 31, 2006 at 7:00 p.m. in memory as posted on January 18, 2006 at 4:20 p.m. on d outside of the City of Newport Beach Recording Secretary Mayor Volume 57 - Page 537 CITY OF NEWPORT BEACH City Council Minutes Adjourned Regular Meeting January 31, 2006 — 7:00 pan. A. ROLL CALL DRAFT Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols B. PLEDGE OF ALLEGIANCE - Council Member Ridgeway C. CONTINUED BUSINESS 1. GENERAL PLAN UPDATE - REVIEW OF DRAFT HOUSING, NOISE, AND HARBOR AND BAY ELEMENTS; REVIEW MARINERS MILE CHAPTER OF THE DRAFT LAND USE ELEMENT. 1681100 -20061 Woodie Tescher, EIP Associates, introduced the item and explained how the housing element differs from most of the other elements in the General Plan. He provided some additional background information and noted the Regional Housing Needs Assessment (RHNA) allocation provided in Table 35 and the housing goals provided in Table 36. In response to questions by Council Member Nichols, Mr. Tescher explained that there are currently no significant penalties for failure to meet the RHNA goals, but there are problems with not having a certified housing element. Council Member Ridgeway and Mr. Tescher briefly discussed the importance of having a certified housing element and the issue of meeting the RHNA goals. Council Member Daigle asked how SB626 (MELLO) would be applied to the City's housing element. City Attorney Clauson explained that it's an analysis that's conducted outside of the housing element, and Planning Director Temple clarified that the reference of it in the housing element is to provide coastal residential development standards. Council Member Selich received clarification on the RHNA numbers presented in the element and how they are developed. He questioned these numbers, and also expressed his concern for using the theoretically high housing unit numbers for the traffic model being prepared. Discussion followed regarding the complexity of the issues, and what can be done locally and regionally. Council Member Ridgeway stressed the importance of City representation at the Orange County Council of Governments (OCCOG) and Southern California Association of Governments (SCAG) meetings. Council Member Daigle received confirmation that the John Wayne Airport area section of the housing element is consistent with the land use element. In response to Council Member Nichols' question, Assistant City Manager Wood explained that the affordable housing allocation percentages were calculated to Volume 57 - Page 538 City of Newport Beach City Council Minutes January 31, 2006 fairly distribute the financial burden to developers providing affordable housing Mr. Tescher briefly explained the discussions and changes made at the General Plan Advisory Committee (GPAC) and the Planning Commission meetings to the goals and policies, and Assistant City Manager Wood outlined the differences in the draft from the City's existing housing element. Council Member Ridgeway requested that in Policy 2.2.2, the language be changed from "more than 20 %" to "not less than 20 % ". Mr. Tescher introduced the noise element, briefly reviewed the information provided in the handouts and outlined the changes to the goals and policies made by GPAC and the Planning Commission. Mayor Webb referred to the maps showing noise contours and disagreed with some of the decibel information presented, noting that vehicle speed hasn't been taken into consideration. He requested that the maps include a notation stating that the contours do not reflect speed limits or topographical features. Council Member Ridgeway requested that the language in Policy 2.5 be changed to read, "enforce the noise standards for boating activities outlined in the Municipal Code ". Mayor Webb requested that in Policy 2.6, the language be changed from "yard areas" to "rear yard areas ". The general consensus of the Council Members was to add Policy 3.3, as recommended by GPAC, and to also add the language to Policy 3.4, as also recommended by GPAC. Mayor Webb requested that staff make every attempt to make sure that the noise policies conform to the requirements of the Airport Land Use Commission. Planning Director Temple stated that staff has also learned why the City was considered an inconsistent agency by the Commission, and that it's correctable. The Council Members directed staff to reword Policy 4.6 to add a reference to noise. Mr. Tescher introduced the Mariners Mile chapter of the land use element by referring to the handout that outlined the changes recommended by GPAC. Both he and Assistant City Manager Wood provided additional information on the discussions and recommendations made by GPAC and the Planning Commission. Carol McDermott, Government Solutions, discussed the revitalization of Mariners Mile and introduced Eric Zuziak, JZMK Partners. Using a PowerPoint presentation, Mr. Zuziak displayed an aerial photo and a proposed site plan for the Arden Property. Additionally, he displayed views of the public plaza and discussed various features of the project and the plaza. Council Member Ridgeway spoke in support of incorporating a pedestrian feel on the site. Additionally, he advised the presenters to give public parking further consideration. Mayor Pro Tern Rosansky questioned the need to include residential in the project and spoke in opposition to residential at that location. Council Member Daigle received clarification on how project quality could be assured. Council Member Ridgeway provided reasons why a commercial -only project wouldn't be advisable and spoke in support of including residential. Mayor Webb noted that Volume 57 - Page 539 City of Newport Beach City Council Minutes January 31, 2006 residential would be quieter and more compatible with the residential uses across the bay than a commercial use of the site. He suggested a way to improve the view corridor of the proposed project concept. Council Member Nichols expressed support for the project. Dan Daniels, Ardell Investment Company, provided some background information on the property and expressed appreciation for the opportunity to present a concept of what could be done on the site with a project that includes residential. He stated that GPAC supported the project, as well as the policies in the General Plan that would allow it. Referring to the staff report, Council Member Selich asked if the general policy guidance approach or the specific development regulation approach were supported by GPAC and the Planning Commission for the Mariners Mile chapter of the land use element. Mr. Tescher reported that GPAC voted 16 to 11 in favor of the generalized approach. The Planning Commission voted unanimously in support of it. Mayor Webb suggested that "minimal use of ..non -structural elements" instead of "avoidance of...non- structural elements" be used for the fifth bullet of Policy 6.19.9, referring to maintaining the views of the harbor. Nancy Gardner, GPAC Co- Chair, expressed her support for Mayor Webb's suggestion. Council Members Nichols, Ridgeway, Selich and Mayor Webb verbally voted in support of residential on the waterfront in Mariners Mile. Mayor Pro Tem Rosansky and Council Member Daigle voted in opposition. Assistant City Manager Wood provided background information on the creation of the harbor and bay element, and highlighted the changes made by GPAC, as provided in the handout, and those made by the Planning Commission at their meeting earlier in the day. Council Member Ridgeway spoke in support of having a separate harbor and bay element in the General Plan. In response to Council Member Daigle's question, Assistant City Manager Kiff expressed his concurrence with the recommendations, as written, and the recommendation of the Planning Commission for the rewording of Policy 5.18.5. It was the general consensus of the Council Members to support these same recommendations. Council Member Selich suggested that "and to restore eroded beach profiles" be added to Policy 5.19.2 after "existing beach profiles ". It was the general consensus of the Council Members to support the recommendation. Mayor Webb suggested that "public walkways" be added to the list in Policy 5.19.3. It was the consensus of the Council Members to support the recommendation. S2. CONFIRMATION OF MAYORS APPOINTMENTS TO THE CITY HALL SITE REVIEW COMMITTEE AND THE FACILITIES FINANCE REVIEW COMMITTEE. (351100 -20061 Mayor Webb announced his appointment of Mayor Pro Tem Rosansky and Council Members Selich and Ridgeway to the City Hall Site Review Committee, and Council Volume 57 - Page 540 City of Newport Beach City Council Minutes January 31, 2006 Members Daigle and Nichols and himself to the Facilities Finance Review Committee. Council Member Rosansky spoke in opposition to appointing three Council Members to each of the committees, and stated that the committees were set up with only two Council Members. City Attorney Clauson confirmed that staff would review the resolution and the configuration of the committees, and return to the City Council if, it is determined that further action needs to be taken. Motion by Council Member Ridgeway to confirm Mayor Webb's appointment of Mayor Pro Tem Rosansky and Council Members Selich and Ridgeway to the City Hall Site Review Committee; and the appointment of Council Members Daigle and Nichols and Mayor Webb to the Facilities Finance Review Committee. 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 D. PUBLIC COMMENTS - None E. MOTION FOR RECONSIDERATION - None F. ADJOURNMENT - at 10:15 p.m. The agenda for the Adjourned Regular Meeting was posted on January 25, 2006, at 3:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Adjourned Regular Meeting was posted on January 27, 2006, 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 541