HomeMy WebLinkAbout01 - 02-07-2006 MinutesAgenda Item No. 1
February 28, 2006
CITY OF NEWPORT BEACH
City Council Minutes
Special Meeting
February 7, 2006 — 7:00 p.m
A. ROLL CALL i
Present: Council Member Selich, Mayor Pro Tem Rosansky, Ma;
Ridgeway, Council Member Daigle, Council Member Nichols
PLEDGE OF ALLEGIANCE - Council Member Selich
1.
COUNCIL VACANCY IN DISTRICT 7.
City Clerk Harkless highlight
Member Ridgeway noted that
Mayor Pro Tem Rosansky sta
November 2006 election and
that time.
a.
Council Member
is Council appointment. Council
Section 403 of the City's Charter.
F� il Member will serve until the
l�date can also run for Council at
first applicant's name, Nancy Jones, from a hat. The
cen to the Council Conference Room.
a provided her history in the City and reviewed her community
particularly on the Friends of the Library Board, Board of Library
the Heritage Committee. She expressed hope to integrate the newly
unity into the City.
Mayor Pro Tem Rosansky asked Ms. Jones what she believes are the duties of a
Council Member. Ms. Jones responded that a Council Member should have a clear
idea of the issues, be able to articulate them, devote time for dialogue, and then
make a decision.
Council Member Selich asked Ms. Jones what her No. 1 goal would be. Ms. Jones
indicated that, for this year, the City Hall complex, since construction costs are
rising and a lot of time has already been spent on this issue. Regarding the
General Plan Update, she indicated that the Heritage Committee is meeting on
Thursday to discuss the Historical Element.
Council Member Nichols asked Ms. Jones for her thoughts on libraries. Ms. Jones
expressed hope that the Mariners Joint Library will be a positive concept. She
indicated that, because of the City's geography, it is helpful to have several
branches in order to provide good service. She noted that the Corona del Mar
library may not have the circulation it used to have, but it serves the community.
She indicated that some of the Newport Coast residents are disappointed that they
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February 7, 2006
will not be getting a library in their area, but noted that staffing that library
might be difficult and that the Central Library is in close proximity.
Council Member Daigle asked Ms. Jones if she. believed in representative
government, what she thought representative government means, and if she can
commit the time. Ms. Jones stated that she believes in representative
government, she has the time, and that it is important to listen and represent the
City as a whole.
Council Member Ridgeway asked Ms. Jones about her concept of balancing quality
of life in Newport Beach. Ms. Jones indicated that she would lily to continue to
have Newport Beach be the kind of place we'd love to live in aroCould like to help
keep it that way for her children and future generations. kW stated that the City
is about having people with different ideas and the abi!j#ft discuss them.
Mayor Webb asked Ms. Jones about her th
Community Center. Ms. Jones stated t
Community Center because it interfer
with children use the elementary s as a
Community Center and the park w d ne
Mayor Webb asked Ms. Jones how the n
heritage. Ms. Jones r ated that th
Thursday. Regarding t ' tennial, she c
and noted that the Hern&ge ttee is
plaques, and the book.
Wrelative he Newport Coast
some reaiden are against the
Oleir view plan nd that people
etmg place . She "eved that the
to be
should look at art, culture, and
ige Committee is meeting on
nented the opening celebration
ng on oral histories, historical
yo em Rosans r,n d Ms. Jc if she was familiar with the two
a ives being circulate ones indicated that she is aware of them, but she
not r d them or s anyone. However, what little she knows, she
d th it might slow e process.
ank.a
Member " li . led what other issues are going on in Ms. Jones' area
it ar portant. M�s. Jones indicated that she would like to see the Coyote
rayon dfill made into a recreational space, especially since some of the park
ice will lost with the building of the Community Center.
ancil Member Nichols asked how Ms. Jones feels upzoning of properties should
handled. Ms. Jones indicated that there would be a plan in place and that she
ald defer to staff.
Council Member Daigle asked Ms. Jones how the City's library system became so
good. Ms. Jones reported that a lot of people worked hard to get it that way, the
City has had good librarians, and there has been great response from the
community.
Council Member Ridgeway asked about Ms. Jones' environmental concerns. Ms.
Jones indicated that the City needs to ensure that the Bay is protected and get
people inland to help.
Ms. Jones indicated that it would be an honor to work with the City Council and
commended their dedication. She further complimented City staff. She stated
that the greatest reward would be the interaction with all the people in the City
and continually working for the City she loves.
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February 7, 2006
City Clerk Harkless drew Keith Curry's name from the hat.
Keith Curry provided his background relative to his professional career and
projects he has worked on. He stated that, as a financial advisor, he has helped
elected officials solve problems and deliver government services better. He
pledged to continue with fiscal responsibility. He discussed the General Plan
Update, the Facilities Finance Review Committee, possible funding sources for the
Newport Cast Community Center, and Measure M projects. He stated that he
will focus on emergency preparedness and is committed to sustaining the City's
high quality of life.
In response to Mayor Pro Tem Rosansky's question, Mr. C indicated that
Council duties include establishing policies for the City ading in a spirit of
consensus building, obtaining and empowering the best possible, and working
with and listening to the community.
In response to Council Member Selich's zd�h�estl ion, Mr. C Nies. asized how
sometimes identifying a funding source c(orresolve soIn response to Council Meml Nie o question,low- income
hou sing, Mr. Curry noted that housin sues are driven by State legislature, but
agreed that senior housing resolves he low- income housing issue and
is appropriate. & . , h
In response to Counctq M r Daigle' Xis estions about representative
government and time errands, or stated that he believes in
representative govern . He nn# t a stage of his professional life
where I ing to have morh me to be i lved on Council. He stated that he
re C-11 q,
is the,chaenges in ved with representing 80,000 people and understands
ot a Cou cil Member ha sto have the time to do it right.
Cofnber.Ridgeway2asked how Mr. Curry was one -on -one in dealing with
p sus.
eople r. Curry'tif ted that most people don't know how to find the person in
rX "t that fixes t ie problems. He stated that he won't be able to solve every
p lem,St he will listen to people and be empathetic and sensitive.
InTesponselto Mayor Webb's question about the Newport Coast Community
Center, Mr. Curry noted that there is a funding shortfall that can probably be
solved with the use of bonds. However, the bigger issue is community
alienation. He believed that more dialogue with the community is needed and that
the leadership needs to be clarified. Further, there is also concern about the
private issue of the park.
In response to Mayor Pro Tem Rosansky's questions about the two initiatives
being circulated, Mr. Curry expressed concern about the language in the
Greenlight II initiative because its provisions could be interpreted to constitute a
taking under the Constitutional Taking Provision. He indicated that he does
not support taking Certificates of Participation (COP) financing to the voters,
noting that they are indistinguishable to bonds, are insured, and have the same
ratings. He stated that, if the City had a natural disaster and had to wait to go to
the voters to access its credit, the City could be in a dilemma.
Council Member Selich asked what the City should do to get its fair share of
Measure M money. Mr. Curry noted that the draft proposal is being circulated
and, since the City has few freeways, it will receive less funding than other cities.
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February 7, 2006
He reported that now is the time to negotiate for the traffic synchronization
program, the widening at Jamboree Road and SR -73, access funds for
environmental cleanup /water quality, and start a small community -based
transportation service.
Council Member Nichols asked for Mr. Curry's opinion relative to Irvine's housing
along Jamboree Road. Mr. Curry stated that he is not supportive of matching the
density that Irvine created. He believed that development can happen in isolated
spots within the Irvine area if it was site specific and discreet.
In response to Council Member Daigle's question about wa quality and
the management of the Harbor, Mr. Curry stated that the Cit ould look at the
money set aside for water quality cleanup to supplement t its current efforts
to meet the standards. He added that the City need ook at the uses in the
Harbor. He stated that the Local Coastal Plan ' so c I in protecting the
Bay and Harbor.
Mr. Curry stated that leaders have
unpopular opinion, exercise integn
recognizing that all power comes fr
believed that his education, experience
him to be on Council. a stated th
everyone's trust. .,
City Clerk Harkless
responsibility to le in the face of
�eilling to educate public while
ople. He discussed his ncipals and
professional knowledge hive prepared
will work hard every day to earn
the hat.
Scott Pe o believed that he ca ing ' ideas and a team attitude to Council,
and trio 7 needssomeo who can think outside the box while working
to her wi Council. H' provided his background, stated that he is a licensed
tect nd was an Irvine Planning Commissioner. He believed that he could
co ' 'bu the difficult issues, like allowing housing in the airport area,
Tina and the use of taxpayer money. He believed in being able to
�xpan owes or�TiuShDOsses without a vote of the people and without increasing
C. ' V stated that he is pro - resident, pro - property rights, pro- business, and
Iz esponse to Mayor Pro Tern Rosansky's question, Mr. Peotter indicated that the
duties of a Council Member are to serve and represent your district while also
representing the City at- large, and to make the day -to -day decisions
without having to always go to the voters. He believed that government should be
as small as possible.
Council Member Selich asked Mr. Peotter what he thought his strongest attribute
was. Mr. Peotter stated that, as a licensed architect and former Irvine Planning
Commissioner, he could lend his expertise and try to give strong direction relative
to the new City Hall project while using the taxpayer's money well.
Council Member Nichols asked Mr. Peotter how the City should interface with
Irvine relative to their huge developments on Jamboree. Mr. Peotter indicated
that they didn't allow any residential units there when he was on the Planning
Commission. He stated that the City needs to work with Irvine to protect its
assets. He added that the City should enter into an agreement with Irvine to
mitigate their impacts per CEQA, otherwise the City should take them to court.
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In response to Council Member Daigle's question, Mr. Peotter indicated that, with
representative government, Council will receive many types of calls, but stated
that he would be sensitive to the citizens' concerns and hire good staff to address
the issues.
In response to Council Member Ridgeway's question, Mr. Peotter believed that the
three most important issues in the City are the City Hall project, the General Plan
Update, and the financing of the City Hall.
In response to Mayor Webb's question regarding active parks, Mr. Peotter
indicated that he is a strong advocate for things that bringAole community
together. Regarding the Newport Coast Community Center, bAndicated that he
would take on the responsibility to be the liaison bet n the City and the
Newport Coast residents.
Mayor Pro Tem Rosansky asked Mr. Peotter,
examples would he set. Mr. Peotter indi;
predictable, and trustworthy.
Council Member Selich asked Mr. I
rights vs. public interest. Mr. Peotte
that superseded private property
compensated. J,
Ate Assists - cout Master, what
ed that he d be consistent,
conflicts betwe\ap to property
that, if there wis inter est
the property owner should be
Council Member Nichols sked&for Mr. PeotNXeat pinion relative to John Wayne
Airport (JWA) growth. Peotte sate this is a regional decision, but
the AIno orking Group (AW _ a job limiting the hours, the
numb anes, and t s of plane i' He indicated that delays are due
to Jdieeing enoughes. H e noted that there will be a market demand and
6 n ds to occur, ut he does not want it at JWA.
In r"ee's'p fli ' , d Cil Mee.� ber Daigle's questions relative to water quality, Mr.
t eot" believed " die filtration systems, like the IRWD constructive
,tlanshould be cr ted to clean out a lot of the pollutants that go into the
FresponseTto Council Member Ridgeway's question, Mr. Peotter stated that
iintaining the levels of infrastructure and service that the public has expected
what will keep the City's quality of life. He indicated that the City will need to
creative about handling the County's growth.
In response to Mr. Webb's questions about the initiatives, Mr. Peotter indicated
that initiatives go against the principals of representative government and do not
protect the citizens. He stated that using COPs are a financing tool; however, if
Council were to raise taxes for financing, that should go to a vote. He stated that
the public can vote Council out if they don't like their choices.
Mr. Peotter believed that he has the experience and is equipped to serve on
Council and run in November. He stated that he will continue to be involved no
matter what Council's decision is tonight.
City Clerk Harkless drew Dolores Otting's name from the hat.
Dolores Otting stated that she is the Vice Chair of EQAC and it would be a
privilege to serve as the Council Member for District 7. She reported that she ran
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February 7, 2006
against John Heffernan, received a significant number of votes even
without endorsements, and that Mr. Heffernan endorsed her to replace him in his
letter of resignation. She noted that she has been attending meetings for over a
decade and believed that she is qualified to represent District 7. She stated that
she has gained knowledge, and the trust and respect of many people in the City,
and also has an article in the Daily Pilot. She stated that emergency
preparedness, the containment of JWA, the Harbor and Bay, fiscal conservatism,
public participation, and being the voice of the residents are most important to
her. She indicated that she aspires to bring the public back into government. She
believes in property rights and understands the importance of b sinesses. She
stated that the City is unique because of the diversity of its peopled their ideas.
In response to Mayor Pro Tem Rosansky's questions, Ms..Oifmg believed that the
duties of a Council Member include being res- . #' being knowledgeable,
working with the community, and dedicating their
e.
In response to Council Member Selich's qu n relative to Ms.. tting's vision for
the City in 25 years, Ms. Otting indica that he sees growth s the City, but
hoped for smart growth, and sees p trian ikovers and three our lanes on
Coast Highway. She hoped there wle no more raised medians because it
could impact emergency responses. S dded that she believes Newport Beach
will still be a beautiful, gyaint City in 25 _ars, but built -out and built -up.
In response to Council
and neighborhood lit
libraries will have a E
can't
177
all
ichols' que " 'on, Ms. Otting stated that libraries
s ar ortant, d with smart growth, satellite
in the f She 'eved that the Central Library
nee of the dren. She indicated that libraries
to Council Member Daigle's question about representative
Ms. Otting stated that she would meet with people, call them, and try
4144 *..their n ds. She indicated that there needs to be methods to
peop w eds so Council doesn t have to get involved in such a
of detail.
iponse Council Member Ridgeway's questions, Ms. Otting stated that the
most important issues facing the City today are getting out the General Plan
to to the public in bite sized pieces, emergency preparedness, having a
,er warning system or a mass calling system, and water quality.
In response to Mayor Webb's question, Ms. Otting noted that the Newport Coast
residents wanted to vote on the Community Center; however, as a Council
Member, she would represent what the City has done. She agreed that there is
still dissention but there will always be people who complain.
In response to Mayor Pro Tem Rosansky's questions regarding the initiatives, Ms.
Otting believed that Greenlight II will give people the right to vote. She believed
that a community forum with Greenlight people, the City, and the General Plan
Advisory Committee (GPAC) would be good public outreach. Regarding the debt
initiative, she stated that people will be able to vote on major improvements. She
agreed that the City needs facilities but this entails borrowing money.
In response to Council Member Daigle's question regarding transportation funds,
Ms. Otting believed that the money should be used toward improving traffic and
for anything that'll improve emergency response. She stated that the City should
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February 7, 2006
work more with the border cities.
Ms. Otting thanked Council for the opportunity and the voters of 2004 who voted
for her. She noted that she is a longtime resident and voice of the City and has
been asking questions because, with questions, come answers and knowledge, and
the basis that informed decisions can be made. She understands that her ideas
and opinions may not always be the same as Council's, but with diversity, the
Council can aspire to be the best for the residents. She emphasized that she will
be able to hit the ground running which is important due to the critical issues that
need to be brought to the public in the next nine months.
City Clerk Harkless drew Daniel Wampole's name from the
Daniel Wampole stated that he is o
association, the Newport Coast
Telecommunications Committee, and
(NCAC). He indicated that he knows
Newport Coast and City issues. He
opportunity to expand his work to the
kUz
mostly ade u of the Newport y p Coast''
In response to Mayor Pro Tem
Council Members dutiesiv"oli
the viewpoints of the resEleiiis;
n the boakdo f maste r homeowners
Ci 20 , (NQC2000), the
the N Coast visory Committee
ab�tthe Harbor an ,is up to date on
_,Stated thin the current`% acancy was an
ent' City, especially sin District 7 is
question, Mr. Wampole believed that a
ngVut for the issues of the City, taking in
Arict`, nd carrying them out.
In response to Council Member Sel " uesticMr. Wampole believed that the
qualities as that mosqualifies lim on Council include a commitment to
serving pee in the Cit,.tjte`ability to h en to many viewpoints, keeping an
open mind and carrying th$ ideas out.
In spouse to Council Member Nichols' question about Measure M funds, Mr.
Wampole stdWA:A xat the funds can be used to help resolve traffic on Mariners Mile
and m Corona del 1& E9 Naing that an expert may need to be hired to deal with
se ai`ias, he believed that the City does a fair job of controlling the traffic wg
signals, even on the Peninsula.
ise to Council Member Daigle's question, Mr. Wampole stated that issues
with boaters and homeowners are in conflict with each other, and
d his views about the party boat industry.
In response to Council Member Ridgeway's question, Mr. Wampole stated that the
three most important issues in the City are the City Hall project, JWA issues, and
water quality.
In response to Mayor Webb's questions regarding the Newport Coast Community
Center and the adjacent park, Mr. Wampole noted that the preannexation
agreement calls out for certain things to happen. He indicated that the most
difficult issue now is that there is a funding shortfall.
In response to Mayor Pro Tem Rosansky's questions, Mr. Wampole stated that he
is not familiar with the two initiatives being circulated.
In response to Mayor Pro Tem Rosansky's question, Mr. Wampole indicated that
he does not plan to give up his position as the President of the Newport Ridge
Homeowners Association and that he would serve on NCAC as the Council
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City Council Minutes
February 7, 2006
appointee, not an NCC2000 member, if he becomes a Council Member
Council Member Selich asked Mr. Wampole what his goals would be if appointed
to Council. Mr. Wampole stated that he would like to see a new City Hall in
Fashion Island.
In response to Council Member Nichols' question about Harbor issues, Mr.
Wampole believed that the City, not the County, should patrol the Harbor,
dredging needs to occur, there are issues with the boat yards, the trap setup at the
Harbor entrance is difficult to maneuver around, and the Harbor has an unusual
problem with high waves. "
In response to Council Member Daigle 's question;,eoo . W pole stated that he
helped start Movies in the Park, and the area carnivals and events
budgeted. He indicated that these events create a - munity.
In response to Council Member Ridgeway's gdestions, Mr. mpole stated that
his platform on the homeowners association i to increase ity of life and
property values. He indicated that quality of means taking a k at issues to
make sure the City stays in good fi anciaLstandings to provide ser.
In response to Mayor Webb's questions%'Ir. Wampole indicated that, if selected,
he would run for electio n November in order to continue the work. He stated
that he will create results apd ,do his homeivi2rk to be more well-known to the rest
of the community.
Rr
Mr. Wampole stated tha6veryon,,-* lied s qualified to serve on Council.
He in ' that he brims proof`of his gra oots involvement in the City, ability
to , at tie issues, and killity to negotiate a win -win situation. He requested
TOR
the appointment process and believed that the next
ge this process in the Charter. He expressed his
his reasons why Ms. Otting should be selected.
Arakehan expressed her support for Ms. Otting and pointed out her
to the publics rights.
Martin believed that Ms. Otting will enhance Council's productivity.
Wayne Zippi believed that Ms. Otting was the only person who knew the issues
and noted her consistent attendance at meetings and the number of votes she
received at the last election without endorsements. He believed that Ms. Otting is
the most knowledgeable, qualified, and dedicated person to choose.
Marianne Zippi recommended that Ms. Otting replace John Heffernan. She noted
Ms. Otting's credentials and believed that she already puts the time in, doesn't
need a learning curve, and is the only one capable of hitting the ground running.
Spencer Wampole emphasized that his father, Dan Wampole, has a true ability to
represent the people. He stated that his father really cares about the people who
live around him, he loves the City, wants to make it a better place for the future,
and is dedicated to helping the City.
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Jennifer Frutig believed that the Charter provides options for filling the vacancy
and that the appointment process creates a self perpetuating City Council without
calling a special election. Further, she believed that the Charter is
unconstitutional. She indicated that this process may be acceptable only in an
emergency.
Council Member Ridgeway clarified that Section 403 has been reviewed by the
City Attorney and states that Council shall appoint someone within 30 days and, if
Council cannot appoint someone, a special election is to be called.
Larry Porter expressed support for Ms. Otting and believed that
a special election. ,44
Jan Vandersloot expressed support for Ms. Otting an-
Council should select her. Ar
John Nelson stated that he does not supp Ms. Otting
consider all capable applicants.
V
b. SELECTION OF DISTRICT 7 CO.UNCILIVMEMBER.
Mayor Webb requested that Council c;ik.their votes by paper
them to the City Clerk.
Jan .
City Clerk Harkless announ Ahe votes, as fellows:
Council Member Nichols -
Council Aber Daigle - ]
Ridgeway 7.X. -'eith Curry
Selich - Keith Curry
Rosansky - LKeith Curry
eith Curry
would win in
his reasons why
asked Council to
present
Harkless announced that Keith Curry is the new Council Member for
TION OF OATH OF OFFICE.
Clerk Harkless .called newly appointed Council Member Curry forward and
inistrated the Oath of Office prescribed in the State Constitution. Council
fiber Curry signed the Oath of Office and took his seat at the Council dais.
Council Member Curry stated that he looks forward to demonstrating that he is
worthy of Council's confidence. To the voters and residents of District 7, he
pledged his commitment to representing the community. To the other applicants,
he stated that they were all excellent candidates, he hopes they can become good
friends, and he looks forward to their advice and counsel. He stated that he looks
forward to the election so people can see his record. He asked those who supported
other applicants to give him the opportunity to show them that he can lead.
Mayor Webb requested that the Facilities Finance Review Committee
appointment be placed on the next agenda in order to replace Mr. Curry and to
select a new Chairperson. City Clerk Harkless reported that resolutions
establishing the City Hall Site Review Committee and the Facilities Finance
Review Committee will also be on the agenda and added that a member has
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February 7, 2006
declined appointment to the Facilities Finance Review Committee.
E. PUBLIC COMMENTS
Mark Sites stated that he has one of the two dredging companies in the Harbor. He discussed the
dredging issues and eelgrass restrictions, and requested that he be notified about dredging issues.
F. ADJOURNMENT - 9:57 pm.
The agenda for the Special Meeting was posted on February 1, 2006, at 12:05 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
City Clerk
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CITY OF NEWPORT BEACH
City Council Minutes
Study Session
February 14, 2006 — 5:00 p.m
ROLL_CALL
Present: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky Tvlayor Webb, Council
Member Ridgeway, Council Member Nichols >��
Excused: Council Member Daigle �' U,-,
..
CURRENT_ _BUSINESS
S3. UPPER NEWPORT BAY DREDGING..,,PROJEQT UPDATE [ORAL REPORT
ONLY].
Harbor Resources Manager Rossmiller utilize x* PowerPoint presentation to discuss the
Upper Newport Bay Ecosystem, Restoration N9ject. He highlighted why the City is
concerned about sediment deposition in Newpdit Bay, the project objectives, project
constraints, and project features He layed pho�ga of Least Terns and a Light - Footed
Clapper Rail which are some of the en�gered speci0a in the area. He highlighted the
project financial data and emphasized that £he hope that this will not need to occur again
for another 21,ydaik He announced t}i the dre will be delivered on February 21 and
the base cg$struction portion of t_el.project, which costs $11.1 million, will last about 400
days. H, reported' that the project will entail a 10 -inch hydraulic pipeline dredge, two
tugboats, wo 3,00 cubic yard (cif. yd.) disposal scows, a survey vessel, and a_ discharge
Pipeline. Ike nota;that future phases of the project may need to use a crane/bucket
dredging system.
In resp61 se to bouncil questions, Harbor Resources Manager Rossmiller reported that
there is An alternative mudflat site for the one next to the Newport Aquatic Center, but
this is anroptional`iiem that hasn't been awarded yet. He noted that the project will be
conducted` 24 hours a day /6 days a week, excluding holidays. He discussed how the dredge
will notdisturb habitats, particularly with the use of monitors. He indicated that the sand
is too fine to be reused on the beaches and confirmed that the inlet area that the Army
Corps of Engineers is responsible for no longer has beach quality sand.
'Oriana Duranczyk, DD -M Crane & Rigging, displayed photos and discussed the equipment
and vessels that they will be using. She confirmed that the dredge will be delivered next
Tuesday and was built specifically for this project. She discussed how much the scows
draft and reported that a majority of the discharge will be going offshore to LA -3. She
stated that they have hired a tracking firm to verify where the load went and that nothing
has leaked. She added that.this can also be accessed over the internet. She indicated that
they hope to get 1,000 cu. yd. of sediment for every 2,000 cu. yd. of water.
Harbor Resources Manager Rossmilller stated that there is a need to dredge about 900,000
cu. yd. in the Lower Bay to bring it back to the original design depth. He discussed a joint
project with the Army Corps of Engineers that will dredge about 400,000 cu. yd. in the
worst areas of the Bay. He reported that they met with Colonel Dornstauder of the Army
Corps of Engineers who was pleased with the dredging strategy. He added that the City is
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Study Session Minutes
February 14, 2006
1.
2.
also working with the Corps in renewing the regional general permit for dredging between
the pierhead and bulkhead. He reported that, if the City has a shelf -ready project, it may
be able to use money left over at the end of the year that was to be used for other projects
that didn't receive permits.
CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Council Member Nichols asked if there are any alternatives to the sea lion ordinances
(Item 3). Public Works Director Badum confirmed for Council Member Nichols that Item 4
(Bay Avenue Area Drainage Improvements) is for the installation of a storm drain in Lindo
Avenue and to do streetwork that has been postponed due to the drainage.4sue.
CIP PROCESS [POWERPOINT PRESENTATION].
Public Works Director Badum introduced Administrative
Council. He utilized a PowerPoint presentation
Program expenditure history, the budget calendar,
and how projects are started. He highlighted the
factors affecting project priority are public safety,
that leverages City funds, continuation projects /on
planned projects, and community equityhmpiia6.
the methodology behind the scheduling of CIP *'gr
work gets contracted out and the,`�unes that would b
staff.
In response to Council
revenue from thents
about $1.5 millitfn. ut
only be usad`or arterial highways not local streets. He clarified that part of the Orange
County -- Fansportation Authority �OCTA) requirement to stay eligible for OCTA funds is
to submit aCoundil- approved 7-yea�r ICIP Program for arterial highways. He reported that
as +ia$ and Sewerkaster Plan assesses the City's underground utilities.
at" bile other'ipit%d bts are happening, staff also looks at the age of the lines
I r2it d be appropriate to update the lines so the location doesn't have to be
z. Mayor Webb added that the City is replacing a fairly substantial number of
L lines oj.,an annual basis. City Manager Bludau reported that the water and
have a built in amount to help pay for the Master Plans. Further, it is a
to amortize the City's assets as a part of its financial records. Council
geway believed that the Facilities Finance Review Committee's scope should
to include expansions.
Works Director Badum
to review the
the various tv
Pollard to the City
pital Improvement
f funding sources,
on proc6§,t and noted that
1:1:
interest, matching funding
going commitments, regul'tions, master
He reviewed the staffing involved and
ojects. He confirmed that most of the
e,cost effective to do in -house is done by
reported that the net annual
cy's accumulated increment is
d that Traffic Impact Fees can
and det
torn up
sewer
Regarding the General Fund's target source, City Manager Bludau indicated that this is a
negotiated amount between the Finance Director and the City Manager. He added that
they normally keep it at $4 million, but it's $5 million this year.
Regarding projects that exceed the available current year funds, Public Works Director
Badum stated that the project is brought before Council to determine if the funds should
be advanced from the reserve or if the project should be scaled down.
Mayor Webb encouraged Council to inform Public Works Director Badum of any project in
their District that they'd like to see in the CIP Program so he can determine cost estimates
and priority.
Council Member Daigle joined the meeting at 6:01 p.m
Volume 57 - Page 553
City of Newport Beach
Study Session Minutes
February 14, 2006
PUBLIC COMMENTS - None.
ADJOURNMENT - 6:09 p.m.
The agenda for the Study Session was posted on February 8, 2006, at 3:15 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building. The supplemental agenda for the Study Session was posted on February 10,
2006, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
City Clerk
Volume 57 - Page 554
r^
Volume 57 - Page 554
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
February 14, 2006 — 7:00 p.m
STUDY SESSION - 5:00 p.m
DRAFT
CLOSED SESSION - 6:10 p.m
A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
B. ROLL CALL
Present: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor
Webb, Council Member Ridgeway, Council Member Daigle, Council Member
Nichols
C. CLOSED SESSION REPORT - None
D. PLEDGE OF ALLEGIANCE - Council Member Daigle
E. INVOCATION - Dr. John A. Huffman, Jr., St. Andrews Presbyterian Church
F. PRESENTATIONS - None
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS OR, MATTERS WHICH COUNCIL. MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSLOL�,. ACTION OR
REPORT (NON- DISCUSSION.ITEMA-
Mayor Webb congratulated Police Chief McDonell on receiving the Joseph Thomas Molloy
award, the highest honor bestowed by the California Police Chiefs Association.
Council Member Nichols requested that a report be provided at a future City Council
meeting on the state of the lower harbor.
Mayor Pro Tem Rosansky encouraged the public to contact the City Manager's office with
any sites that might be suitable for a new City Hall, so that the City Hall Site Review
Committee can review them.
Mayor Pro Tem Rosansky announced that teams are being formed and individuals are being
sought to participate in this year's Relay for Life event being held in May.
Mayor Pro Tem Rosansky requested that staff present a report on the possibility of
extending the hours that dogs are allowed on the City's beaches.
Mayor Webb announced that there are 199 days until the City's 100th birthday, and he
shared a "centennial moment".
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City of Newport Beach
City Council Minutes
February 14, 2006
I. CONSENT CALENDAR (1 - 6; & S 18 and S 19)
READING OF MINUTES/ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR MEETING AND
REGULAR MEETING OF JANUARY 24, 2006 AND ADJOURNED
REGULAR MEETING OF JANUARY 31, 2006. Waive reading of subject
minutes, approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all ordinances and resolutions under consideration, and direct City
Clerk to read by title only.
CONTRACTS AND AGREEMENTS
4. BAY AVENUE AREA DRAINAGE IMPROVEMENTS - AWARD OF
CONTRACT (C- 3695). [381100 -20061 1) Approve the plans and
specifications; 2) award the contract (C -3695) to Zusser Company, Inc. for
the total bid price of $596,504.50 and authorize the Mayor and the City
Clerk to execute the contract; 3) establish an amount of $60,000 to cover the
cost of unforeseen work and $5,000 for geotechnical services; and 4) approve
a budget amendment (06BA -043) transferring $25,554 from the
EIR/Preliminary Plans Gas Tax Account (7181- C5100070) to the Bay
Avenue Drain and Street Rehabilitation Phase 2 Gas Tax Account (7181 -
05100829).
5. MARINERS MILE STREET LIGHTING - APPROVAL OF
COOPERATIVE AGREEMENTS WITH CALTRANS (C- 3814). [381100-
20061 1) Approve a Contribution Agreement and a Maintenance Agreement
with the State of California defining funding and maintenance
responsibilities for concrete street lighting poles on Coast Highway between
Dover Drive and Newport Boulevard; 2) approve use of Account No. 7013 -
05200880 Mariners Mile Street Lighting to fund the City's share of the FY
05/06 State contract project (the contract cost is established at $72,000) and
3) direct staff to submit a CIP project for FY 06/07 to fund the City's share of
the FY 06/07 State contract project (the contract cost is established at
$21,000).
6. TERMS AND CONDITIONS TO ACCEPT TITLE TO PARK PARCELS
IN SANTA ANA HEIGHTS (C- 3829). [381100 -20061 Authorize City staff
to prepare, and the Mayor to execute, a Property Disposition or similar
Agreement between the City of Newport Beach and the Orange County
Development Agency (OCDA) for specific parcels in Santa Ana Heights that
would become the passive park at Mesa Drive and Birch Street.
S18. APPOINTMENT TO THE AVIATION COMMITTEE - DISTRICT 7.
[100 -20061 Confirm Council Member Curry's appointment of James Dunlap
to the Aviation Committee (District 7 alternate member).
S19. MARINERS LIBRARY LEFT TURN - AWARD OF CONTRACT (C-
3830) TO HILLCREST CONTRACTING. [381100 -20061 1) Approve the
plans and specifications; 2) adopt Resolution No. 2006 -17 making findings
that this work is deemed an urgent necessity and waive standard bidding
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City of Newport Beach
City Council Minutes
February 14, 2006
procedures; 3) award the contract (C -3830) to Hillcrest Contracting for the
total bid price of $58,502 and authorize the Mayor and the City Clerk to
execute the contract; 4) establish an amount of $3500 (6 %) to cover the cost
of unforeseen work, and geotechnical, materials testing, and survey as
needed under the existing On -Call Professional Services Agreements not to
exceed $8,000; and 5) approve a budget amendment (06BA -044)
appropriating $70,000 from unappropriated Circulation & Transportation
fund balance to the Mariner's Library capital improvement account (7261 -
05100661) for street improvements related to library access and traffic.
Referring to Item No. 6, Council Member Daigle noted that the City is moving forward with
accepting title for the park parcels in Santa Ana Heights.
Motion by-Mayor Pro Tem risky to approve the Consent Calendar, except for the
item removed (Item No. 3).
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor
Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols
J. PUBLIC HEARINGS
7. COMMERCIAL ACTIVITY REGULATION ON NEWPORT HARBOR -
MUNICIPAL CODE CHAPTERS 5.18 AND 17.41. [100 -20061
Revenue Manager Everroad provided a brief staff report and highlighted the
regulations included in the proposed ordinance. In response to Council Member
Nichols' question, he also clarified how the regulatory fees were established.
Motion by Council- _Member.. Ridgeway to adopt Ordinance No. 2006 -3,
regulating commercial activities on Newport Harbor and adopt Resolution No. 2006-
9 updating the Master Fee Schedule to include the application fees for the
new ordinance.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
8. BAYSIDE RESIDENTIAL PLANNED COMMUNITY - 919 BAYSIDE DRIVE
(PA2004 -072) (contd. from 12/13/05 & 1/10/06). [100 -20061
Contract Planner Lepo stated that as a result of the discussions at the City Council
meeting of January 10, 2006, the applicant is proposing to meet the requirement for
reasonable public access to the waterfront by providing an eight -foot walkway
partially on land and partially cantilevered over the water and, additionally, has
agreed to several revisions to the conditions for approval. He noted the handouts
provided at the current meeting detailing alternatives to Condition Nos. 21, 33 and
35, as well as the revisions to Table 1 of the planned community regulations.
Council Member Selich expressed his support for the alternative conditions and
complimented the applicant for making modifications to the project.
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City Council Minutes
February 14, 2006
Motion by Council Member_Sglich to 1) adopt Resolution No. 2006 -10 adopting
Mitigated Negative Declaration (SCH No. 2005 - 061019) and Mitigation Monitoring
and Reporting Program, approving Tentative Tract Map 2004 -001 (Tract 15323),
and approving Coastal Residential Development Permit No. 2005 -001 for
property located at 919 Bayside Drive (PA2004 -072), as amended to include the
alternatives for Condition Nos. 21, 33 and 35; and 2) introduce Ordinance No. 2006 -6
approving Code Amendment No. 2005 -07 and adopting Planned Community Text
No. 54, as amended to include the revisions to Table 1 of the planned community
regulations, and pass to second reading on February 28, 2006.
Carol McDermott, Government Solutions, representing the applicant, stated that the
conditions, as proposed, are acceptable to the applicant. She noted that the revisions
to Table 1 of the planned community regulations reflect revisions to both the lot
sizes and the setbacks.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
9. GENERAL PLAN AMENDMENT NO. 2006 -001; LOCAL COASTAL
PROGRAM AMENDMENT NO. 2006 -001; AND CODE AMENDMENT NO.
2006 -001 — CALTRANS WEST PROPERTY, 4850 WEST COAST HIGHWAY
(PA2006 -016). [100 -20061
Planning Director Temple provided a brief staff report, and Mayor Pro Tem
Rosansky noted that it is important for the City to change the zoning and
designations for the property due to legislation in place that authorizes the transfer
of the property to the State Parks Department for park uses.
Motion by Mayor Pro Tem Rosansky to adopt Resolution No. 2006 -11 approving
General Plan Amendment No. 2006 -001 and Local Coastal Program Amendment No.
2006 -001 and introduce Ordinance No. 2006 -7 approving Code Amendment No.
2006 -001 and pass to second reading on February 28, 2006.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
K. PUBLIC COMMENTS
Robert Hanley shared the passing of Ed Hall on December 8, 2005, and stated that Mr. Hall
served the City in many ways. He provided a photo of Mr. Hall in his fire captain's uniform.
Susan McFadden and Dennis Pierret both complained about the constant barking from the
dog living next door to their residence. They stated that they have tried to work within the
system, but have been unable to remedy the situation. Council Member Rosansky suggested
that Ms. McFadden or Mr. Pierret contact him.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
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City Council Minutes
February 14, 2006
Ad Hoc General Plan Update Committee (GPUC) - Council Member Selich announced
that the next meeting of GPUC will be on February 27, 2006, at 4'.00 p.m. at the Central
Library.
Local Coastal Program Certification Committee - Council Member Ridgeway reported
that Senior Planner Alford has completed the draft implementation plan and the Committee
will meet again in approximately two weeks to discuss it.
Newport Coast Advisory Committee (NCAC) - Council Member Curry announced that
the next meeting of the NCAC will be held on March 13, 2006.
Mariners Joint Use Library Ad Hoc Steering Committee - Mayor Webb announced
that the formal dedication of the library will take place on April 20, 2006, at 11:00 a.m.
City Centennial 2006 Committee - Mayor Webb complimented the historical play put on
by the Newport Harbor High School Centennial Play Group the week prior. Mayor Pro Tem
Rosansky stated that sponsorships and contributions are still being sought to help fund
Centennial events. Those interested should contact the City Manager's office.
City Council/Citizens Ad Hoc Committee for Marina Park Planning - Council
Member Ridgeway reported that the Marina Park Mobile Home Park Relocation Impact
Report has been completed and is available to the public.
City Council Ad Hoc Marina Park Advisory Committee - Mayor Webb reported that
the Marina Park issue is scheduled to be addressed by the City Council at the March 28,
2006, Study Session.
City Hall Site Review Committee - Council Member Rosansky reported that the
Committee met for the first time on February 13, 2006. He listed the sites currently being
considered and again urged the public to provide input by suggesting additional sites or
attending the next meeting of the Committee to be held on March 6, 2006.
Facilities Finance Review Committee - Council Member Rosansky announced that the
Facilities Finance Review Committee will hold its first meeting on February 27, 2006.
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
10. PLANNING COMMISSION AGENDA FOR FEBRUARY 9, 2006. [100 -20061
N.
Planning Director Temple reported on the following Planning Commission items:
The Natural Solution DirectCare - 359 San Miguel Drive, Suite 107; CalTransWest;
Widening Coast Highway between Dover Drive and Rocky Point; and Sober Living
by the Sea - 2811 Villa Way. She and Public Works Director Badum responded to
questions of the City Council regarding the Coast Highway widening item.
11. RESOLUTIONS ESTABLISHING TWO COMMITTEES - A CITY HALL SITE
REVIEW COMMITTEE AND A FACILITIES FINANCING REVIEW
COMMITTEE - TO ASSIST THE CITY COUNCIL IN DEALING WITH CITY
HALL PROJECT ISSUES. [351100 -20061
City Manager Bludau provided a brief staff report and stated that the resolutions
incorporate the recommendations of the City Council at previous meetings.
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City Council Minutes
February 14, 2006
Motion -b. Council Member . Curry to 1) adopt Resolution No. 2006 -12
establishing a City Hall Site Review Committee, as revised to require a completion
date of the Committee's work by May 1, 2006; and 2) adopt Resolution No. 2006 -13
establishing a Facilities Finance Review Committee, as revised to require a
completion date of the Committee's work by May 1, 2006.
Council Member Daigle confirmed that the current City Hall site will be reviewed by
the City Hall Site Review Committee and that the Committee will present all
suitable sites to the City Council without prioritizing them.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
12. COUNCIL SELECTION OF REPLACEMENTS FOR DON DALIS AND KEITH
CURRY ON THE FACILITIES FINANCING REVIEW COMMITTEE,
SELECTION OF CHAIR TO REPLACE KEITH CURRY, AND
RECONSIDERATION OF COUNCIL APPOINTMENTS TO THE
COMMITTEE. [351100 -20061
Motion bv_Mayor Pro Tem Rosansky to select Steve Frates as the new Chair of
the Facilities Finance Review Committee.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
Motion by Mayor. Pro Te mi Rosan, sky to not replace Don Dalis or Keith Curry,
leaving nine members on the Facilities Finance Review Committee.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
Motion-by Council Member__Ridgeway to confirm the Mayor's appointment of
Council Member Curry to replace Council Member Daigle on the Facilities Finance
Review Committee.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
O. CURRENT BUSINESS
13. PROPOSED MODIFICATIONS TO
AGREEMENT (C- 3262). [381100 -20061
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CITY MANAGER EMPLOYMENT
City of Newport Beach
City Council Minutes
February 14, 2006
Mayor Webb provided a brief report and read the recommendations of the
committee.
Motion by Council Member Ridgeway to adopt Resolution No. 2006 -14 entering
into a two year employment agreement with the City Manager, which includes a 5%
salary increase the first year, effective January 7, 2006, and a 4% salary increase
the second year, effective January 6, 2007.
Council Member Curry expressed his support for the City Manager but, not having
been a part of the performance review, stated that he would be abstaining from the
vote.
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
Abstain: Council Member Curry
14. RESOLUTION OF APPLICATION TO REORGANIZE TERRITORY KNOWN
AS WEST SANTA ANA HEIGHTS, THE EMERSON /CHURCHILL TRACT,
AND THE CORPORATE YARD FUELING PARCEL. [211100 -20061
Council Member Ridgeway recused himself because he owns property within the
area included in the application.
City Manager Bludau provided a brief report on the importance of the issue.
Using a PowerPoint presentation, Assistant City Manager Kiff provided background
information on boundary changes and reorganizations, in general, and a brief
history on the annexations under consideration at the current meeting. He
also displayed an area map showing the proposed reorganizations.
In response to Council Member Daigle's questions, Assistant City Manager Kiff and
City Manager Bludau provided additional information on the East Santa Ana
Heights and West Santa Ana Heights relationship, the redevelopment agency, and
the John Wayne Airport. In response to Mayor Pro Tem Rosansky's question, City
Manager Bludau explained why the Santa Ana Country Club and the area south of
Mesa Drive are not being included in the current application, and confirmed that
staff is not opposed to possibly annexing those areas in the future.
In response to questions of the City Council, Bob Aldrich, Local Agency Formation
Commission ( LAFCO), explained how annexations can be initiated, the rights of the
registered voters and landowners in the area, LAFCO's requirements for
applications and detachments, and the criteria considered by LAFCO when
reviewing an application. Additionally, Mr. Aldrich explained what occurs after an
application is submitted to LAFCO.
Assistant City Manager Kiff referred to the letter from the City of Costa Mesa, dated
February 10, 2006, and noted their opposition to the City of Newport Beach moving
forward with the matter at the current meeting.
Robert Hanley stated that the citizens in the West Santa Ana Heights area have
worked for many years to have their area annexed into the City of Newport Beach.
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City Council Minutes
February 14, 2006
Karren Schaeffer spoke in support of annexing the area south of Mesa Drive
Cal McLaughlin spoke in support of annexing all of Area 7 and stated that the
majority of the residents are also in support of it.
Paul Watkins, Chair of the Santa Ana Country Club Annexation Committee, also
spoke in support of the Country Club and the area south of Mesa Drive being
included in the annexation application. He requested that the City include a letter
with the resolution that is submitted to LAFCO expressing the City's support of the
two areas pursuing a sphere of influence change from Costa Mesa to Newport Beach.
Barbara Venezia, Chair of Santa Ana Heights Project Advisory Committee
(SAHPAC), discussed the importance of annexing West Santa Ana Heights in
conjunction with the takeover of the redevelopment agency, and stated
that including the Santa Ana Country Club and the area south of Mesa Drive in the
current application would delay pending projects for Santa Ana Heights further.
Herbert Hiroshima spoke in support of the area south of Mesa Drive being annexed
into Newport Beach.
Janet Hiroshima also spoke in support of annexing the area on the south side of
Mesa.
Motion by Mayor Pro Tem Rosansky to adopt Resolution No. 2006 -15 serving as
the Resolution of Application to the Orange County Local Agency
Formation Commission ( LAFCO) regarding the reorganization of territory along the
city's western boundaries (West Santa Ana Heights (Section A), the
Emerson/Churchill Tract (Section D), and a portion of the General Services
Department's Corporation Yard (Section E); and to include a cover letter from the
City Manager, and approved by Mayor Pro Tem Rosansky and Council Member
Daigle, recognizing that the City of Newport Beach is receptive to cooperating with
the residents on the south side of Mesa Drive and the Santa Ana County Club in
their desire to annex their areas into the City of Newport Beach.
Motion by Council_ Member Nichols to include all of the areas under discussion
in the application.
Council Member Nichols' motion died for lack of a second.
Mayor Webb suggested that creating a logical City boundary be considered when
determining which areas to include in the application.
In response to Council Member Selich's question, City Manager Bludau clarified
where the redevelopment agency money can be spent.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Daigle, Council Member Nichols
Abstain: Council Member Ridgeway
15. FORMATION OF THE NEWPORT BEACH /SANTA ANA HEIGHTS
REDEVELOPMENT AGENCY. (100 -20061
Assistant City Manager Kiff provided an aerial photo showing the proposed
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City of Newport Beach
City Council Minutes
February 14, 2006
boundary of the project area.
Jon Goetz, Stradling Yocca Carlson & Rauth, stated that the ordinance before the
City Council at the current meeting would establish the redevelopment agency. A
separate ordinance would be required to adopt the redevelopment project and an
agreement with the County would also be needed for administration of the
redevelopment project. Mr. Goetz provided information on what happens after the
formation of the agency, and City Manager Bludau reported on the status of the
sphere issue discussions.
In response to Council Member Nichols' questions, City Manager Bludau further
explained the responsibilities of the City and the County.
Assistant City Manager Kiff suggested that the sixth paragraph of the ordinance be
amended to read, "...to transfer a portion of the Santa Ana Heights redevelopment
project area's obligations and administration... ".
Motion_by_Mayor Pro Tem Rosansky to introduce Ordinance No. 2006 -8, as
amended, and pass to second reading on February 28, 2006.
The motion carried by the following roll call vote
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
Mayor Webb suggested that Item No. 17 be taken out of order. No objections were
heard.
17. TELECOMMUNICATIONS FACILITY PERMIT TP2005 -018 (PA2005 -244) -
20662 NEWPORT COAST DRIVE. [100 -20061
Assistant Planner Brown provided a brief staff report and stated that two findings
by the City Council are necessary to approve the application. The first finding is
that the approval is necessary to allow the facility to function as intended and
identified alternatives to the proposal are not feasible. The second finding is that
the approved facility will not result in conditions that are materially detrimental
to nearby property owners, residents and businesses, or to public health and
safety. She reported that both of these findings can be made.
Motion by _Council Member Daigle to approve Telecom Permit No. 2005 -018
subject to the findings and conditions of approval attached to the staff report.
Council Member Curry confirmed that there were no public comments received by
staff on the matter.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
16. NEWPORT BEACH RESPONSE TO ONGOING RESIDENTIAL
DEVELOPMENT IN THE IRVINE BUSINESS COMPLEX. [100 -20061
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City Council Minutes
February 14, 2006
Assistant City Manager Wood provided a brief staff report on the issue and
explained the history of residential development in the Irvine Business Complex
(IBC). She described the City of Newport Beach's involvement beginning in January
of 2004 and the formation of the Newport Beach/Irvine Borders Committee. She
stated that Newport Beach hasn't told Irvine how to plan their community but has
requested that environmental reviews be done for developments. Additionally, she
stated that comments to the draft negative declaration for a zone change to create
the IBC mixed use overlay zone are due February 16, 2006.
City Attorney Clauson stated that it's important for the City to follow through on the
letters being sent and to challenge the environmental reviews when they are found
to be inadequate, which is why staff is recommending that outside legal counsel be
hired. She specifically referred to the negative declaration for the overlay district, as
reported by Assistant City Manager Wood.
Council Member Ridgeway emphasized how important it is for the City to fully react
to any projects in Irvine that could result in significant impacts to Newport Beach.
In response to Council Member Daigle's question, City Attorney Clauson confirmed
the City's concern for the individual general plan amendments being done on a
piecemeal basis with inadequate environmental review and that the overlay with a
negative declaration continues the piecemealing. She stated that an overall review
needs to be done for the entire area to determine the impacts.
Motion by Council, Member Daigle to 1) direct the City Attorney to utilize special
counsel to review and prepare comments on draft EIRs for individual development
projects in the IBC, follow up with review of responses to comments, and report back
to the City Council, as well as continuing to pursue any environmental
concerns raised during review of the negative declaration on the proposed overlay
zone; and 2) adopt Resolution No. 2006 -16 extending the term of the Newport
Beach/Irvine Borders Committee, and direct the Committee to meet with Irvine City
Council members to inform them of Newport Beach's concerns and potential actions
by Newport Beach if full environmental review is not done.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
P. ITEMS REMOVED FROM THE CONSENT —C DAR
3. SEA LION RELATED ORDINANCES. (100 -20061
Council Member Nichols expressed his concern for requiring citizens to the take
responsibility for removing sea lions from their property.
Motion by Council Member Ridgeway to 1) adopt Ordinance No. 2006 -4 related
to the feeding of non - domesticated animals; 2) and adopt Ordinance No. 2006 -5
related to vessel security on moorings and harbor structure security from sea lion
boarding.
The motion carried by the following roll call vote
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City Council Minutes
February 14, 2006
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle
Abstain: Council Member Nichols
Q. MOTION. FOR RECONSIDERATION - None
R. ADJOURNMENT at 9:40 p.m
The agenda for the Regular Meeting was posted on February 8, 2006, at 3:15 p.m
on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building. The supplemental agenda for the Regular Meeting was
posted on February 10, 2006, at 2:30 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 565