HomeMy WebLinkAbout01 - Minutes - 05-09-06Agenda Item No. 1
May 23, 2006
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
May 9, 2006 — 4:00 p.m.
ROLL CALL
F'
Present: Council Member Curry, Council Member Selich, Mayor Pro Tern Ros Icy, Mayor Webb,
Council Member Ridgeway, Council Member Daigle, Council Memb ichols
(Mayor Pro Tern Rosansky arrived at 4:07 p.m.; Council Member Nic arrived a :09 p.m.)
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CON.$iT C . NDAR.
Council Member Curry requested that page 642 be' ended to reflect that he voted on the
amended substitute motion, not form Council Memb&- Heffernan.
Council Member Curry announced t a~ ill be pullg Item 6 (Renewed Measure M
Transportation Investment Plan) toni t.
Council Member Dai nnounced that she 1 be p Item 12 (Proposed City Council
Policy B -17) toni
Mayor Webb ksicly te that he will b pulling Item 14 (Council Consideration to Form a
Committee t �gropriate Ways o Honor the Fallen from the 1st Marine Battalion
1st ivisi dleton%n order to reduce the number of members. Council
m er way ted that an Legion Post 291 has requested that one of their
members be dftointefto the committee.
City Manager udau sed that staff recommends continuing Item 10 (Big Canyon Creek
Restoration Pr, ect - Phasve II) due to concerns about the cost proposal.
2. WDGET OVERVIEW. (100 -20061
Admirative Services Director Danner utilized a PowerPoint presentation to provide an
overdrew of the City Charter budget provisions, the assumptions made during the budget
preparation process, and to discuss the revenues and expenditures, reserves and fund
balances, and City audits and the reporting that occurs throughout the year. He explained
why the property tax projection is higher and the intergovernmental revenue projection is
lower, how capital project carryovers account for the difference in revenues and
expenditures, and what services are charged back to departments as internal charges. He
noted that the contingency reserve is fully funded. He reviewed a slide of the City's general
fund balance and reported on which capital projects have already been approved during the
current fiscal year. He also displayed the Education Revenue Augmentation Fund (ERAF)
losses since it began in 1992 -1993. He confirmed that the decrease in grants is mostly due to
the completion of the Mariners Library. City Manager Bludau noted that the City
anticipates capital improvement projects years in advance and recommended building the
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City of Newport Beach
Study Session Minutes
May 9, 2006
reserves prior to the projects being funded. He emphasized that the budget is balanced
without relying on reserves.
City Manager Bludau discussed the number of full -time positions the City currently has and
reviewed the ten new positions that are being proposed. He highlighted new developments
and pending issues that might affect the budget.
In response to Council questions, City Manager Bludau reported that the Santa Ana Heights
Fire Station will probably be paid through the appropriation reserve but the City will be
reimbursed by the County. Administrative Services Director Danner explained what an
appropriation/operating reserve is, the restrictions on the gas tax fund, andd O Proposition
IA restricts the State from tapping into city funds or special districts.
Regarding PERS rates, Administrative Services Director
adopted a new smoothing method to set the rates and disc
fund status, and what percentage of payroll is used for
plans. He noted that the City has a PERS reserve it
State separates the City's fund by entity and b isce
Manager Bludau stated that, although the P rate
increase due to salary increases and additional pe 1.
Dolores Otting received information from staff about.
"ow
will cost and how they will be paid f Niationo Webb A_
be considered during department b ews. Cit
funding for sphere issues is under ne will com
3 . CIP PRESENTATI
nner, rted that the State
e u ded liability, the
S miscel ous and safety
used. He co med that the
eous and safe lans. City
decreasing, the t will still
much the proposed new positions
d that the proposed positions will
anager Bludau added that the
Council at some point.
Public Works d ector dum reporle at the Capital Improvement Program (CIP) comes
from the de ments nd can be am ded by Council through the checklist process. He
utilized a Powe oint esentation to cuss the CIP funding plan and how it is used as a
pro' nin P pros s, the budget history, available resources and
strain at proposed 07 CIP entails, the CIP structure by fund, a list of
projects that en't s but need to be funded, the fund summary, new appropriations,
major new pr cts a rebudgeted projects by fund type, and project descriptions. City
Manager Blud report that the CIP is predicated on a $5 million contribution from the
General Fund hen it h s been $4 million in the past.
espons to Council questions, Public Works Director Badum indicated that the City
ma es ore CIP projects than other cities. He stated that they need to add personnel
beta they expect to receive over $3 million in grants for water quality projects. City
Man ger Bludau added that the City's studies will be the model for the State and that an
engineering presence is needed to create a working plan and to be in the forefront of water
quality improvements. He explained the benefits of receiving the grants first. Mayor Webb
added that this will help establish what the rules will be and how they will be implemented.
Council Member Curry noted that Measure M Funds will also assist with water quality
because it deals with runoff generated by vehicles.
Public Works Director Badum noted that a new principal civil engineer has not been hired in
15 years. He confirmed that they plan to construct the Santa Ana Heights Fire Station and
then install the prefabricated training facility. He noted that, if the fire station is awarded
tonight, the funds will not need to be rebudgeted. He indicated that the City would probably
be contributing to the pool repair at Corona del Mar High School and that this can be added
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Study Session Minutes
May 9, 2006
to the budget checklist. He reported that Utility Yard Building 3 will be remodeled to create
usable space and to use it for the 800 MHz project.
Public Works Director Badum explained that, for the Superior Avenue Median
Improvements, they wanted an additional $500,000 but they were unsuccessful in getting a
grant from OCTA and will probably address this in the next budget year. He reported that
the $90,000 for the Seminuk Slough Dredging Project is to start the project but they hope to
work with the Army Corps of Engineers. Regarding Mariners Park, he stated that future
projects include taking down the old building, designing a restroom near the tot lot,
rebuilding the ballfield, irrigation system, and turf, and reconfiguring the curbs along Dover.
In response to questions about environmental grants, Assistant City Mana#0 Kiff indicated
that the City has been awarded all but the eelgrass study grant and eat it can take ten
months to implement the contract with the State. He reported t e City must match
15% of the grant amount. Public Works Director Badum clarth me of that match
can be staff time/labor.
In response to questions regarding signal synchro '
indicated that they are meeting with vendors a re
se
reported that the City's existing signals are coos` to
when interfacing with Caltrans and since the City a'
Webb explained that the City will n ver be full
grid system with regularly s d signals. C
traffic is a big issue and believed a signal
substantial. ? a
c)lzition, ublic Works c
archfng the various tec
''to an extent, but there a'
has a lot of pedestrian tra
Badum
ies. He
ffic. Mayor
hronized because it does not have a
of cil Member Ridgeway stated that
chronization budget should be
Regarding transporta and circulati n pro pcfs, PUI NWorks Director Badum stated that,
due to the Geri an pdate, the C' l need to loo at the impact fee program closer.
He noted that a Mes rive to Bri portion of the Irvine Avenue Realignment Project
has been gi to the ounty and th expect construction to begin in 2007. Regarding
Measure M Fu P ' Works Direc r Badum described the shortfall that may occur in
�th zle e R Proje over SR -73. Regarding the Arterial Highways
iabilita Pro (AHRP }, rated that the City is going to try to coordinate with
Costa Mesa t pro Superior Avenue and reported that they already have the funding.
Regarding the IOSA ojects, Public Works Director Badum reported that the funds are
being rebudge „ becaus , here were environmental issues, but they have been resolved.
ouncil Memr Nichols stated that he would like to see the right -of -ways on Coast Highway
ugh Co na del Mar reassessed to possibly make Level of Service (LOS) D traffic
co 'tionsnstead of LOSE.
Dolo Otting received an explanation from Public Works Director Badum about what types
of projects will occur on Superior Avenue. Ms. Otting expressed concern about the increased
traffic that the improvements may create.
PUBLIC COMMENTS
Dolores Otting took issue that the City Council Ad Hoc Sphere Issues Committee has lasted
this long and stated that they should report something back soon. She believed that ad hoc
committees are supposed to meet for a short duration of time.
ADJOIJRNM NT-at 5:57 p.m to Closed Session.
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Study Session Minutes
May 9, 2006
The agenda for the Study Session was posted on May 3, 2006, at 2:30 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
Recording Secretary
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
May 9, 2006 — 7:00 p.m.
STUDY SESSION - 4:00 p.m
DRAFT
CLOSED.SESSION - 6:00 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 Tern Rosansky, Mayor
Webb, Council Member Ridgeway, Council Member Daigle
Absent: Council Member Nichols
Council Member Nichols joined the meeting at 7:05 p.m
C. CLOSED SESSION. REPORT
City Attorney Clauson reported that the City Council approved a settlement in the amount
of $125,000 in the Mullins vs. City of Newport Beach lawsuit, Orange County Superior Court
Case No. 05CC07729.
D. PLEDGE OF ALLEGIANCE - Council Member Selich
E. _I_Ny_QCATION - Reverend Dr. Dennis Short, Harbor Christian Church and President of
Newport- Mesa - Irvine Interfaith Council
F. PRESENTATIONS
California Building Safety Week Proclamation. Mayor Webb presented a proclamation
to Building Director Elbettar proclaiming the week of May 7 - 13, 2006, as California
Building Safety Week.
Relay for Life Proclamation. Mayor Webb presented a proclamation to Anna Lisa Biason
and other representatives of the American Cancer Society proclaiming May 20 - 21, 2006, as
Relay for Life Days. Ms. Biason stated that those interested in participating in this year's
event can obtain information by calling (949) 887 -1065.
Poppy Week Proclamation. Mayor Webb presented a proclamation to Miss Poppy, Rachel
Heideman, and Esther Clark, a representative from the American Legion, proclaiming the
week of May 14 - 21, 2006, as Poppy Week. Ms. Heideman read the poem entitled, "In
Flanders Fields ".
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS OR.MATTERS WHICH COUNCIL MEMBERS
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City Council Minutes
May 9, 2006
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION .ACTION OR
REPORT (NON- DISCUSSION ITEMZ
Council Member Curry announced that permanent left turn arrows will be installed at
Spyglass Hill Road and San Miguel Drive, which should help greatly in reducing the
accidents at that intersection. He commended staff for their rapid response.
Council Member Selich announced that a town hall meeting was held on Balboa Island on
May 6th, with several department heads making presentations. He complimented staff on
all of the work that was done for the meeting.
Council Member Selich announced that the Balboa Island Art Walk will be held on May 21st
on South Eayfront between Marine Avenue and the ferry crossing, starting at 10:00 a.m. He
additionally announced that on June 4th at 11:00 a.m., the Balboa Island Parade will take
place.
Mayor Pro Tern Rosansky announced that Supervisor Jim Silva will speak at the West
Newport Beach Association meeting on May 22nd at 7:00 p.m. in the Council Chambers. He
invited everyone to attend.
Mayor Pro Tern Rosansky announced that a fundraiser for Newport Heights Elementary
School will be held on May 24th at Strawberry Farms Golf Course. More information can be
obtained by calling (949) 631 -2612.
Mayor Webb announced that there are 115 days until the City's 100th birthday; and he
shared a "Centennial moment ".
I.
CONSENT CALENDAR NOTICE TO THE PUBLIC
RENDING OF MINUTES/ORDINANCES AND RESOLUTIONS
IN
2.
MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF APRIL 25, 2006. Waive reading of subject minutes,
approve as corrected by Council Member Curry and order filed.
Council Member Curry requested that the vote on page 642 be corrected to
reflect that he voted in favor of the motion for Item No. 27, instead of former
Council Member Heffernan.
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.
ORDINANCE FOR INTRODUCTION
3. CONTINUOUS UTILITY SERVICE AGREEMENTS. (]00 -20061
Introduce Ordinance No. 2006 -13 amending Section 14.12.140 of the NBMC
authorizing continuous service agreements for water and sewer customers.
ORDINANCES FOR ADOPTION
4. AMENDMENT TO THE 1997 UNIFORM ADMINISTRATIVE CODE
ESTABLISHING A JOINT BUILDING AND FIRE CODE APPEALS
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May 9, 2006
BOARD. 1100 -20061 Adopt Ordinance No. 2006 -11.
5. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADDING CHAPTER 1.35 TO THE NBMC
LIMITING THE USE OF THE CITY S POWER OF EMINENT
DOMAIN. [100 -20061 Adopt Ordinance No. 2006 -12.
CONTRACTS AND AGREEMENTS
MARINERS LIBRARY LEFT TURN LANE - COMPLETION AND
ACCEPTANCE OF CONTRACT (C- 3830). 1381100 -20061 1) Accept the
work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize
the City Clerk to release the Labor and Materials bond 35 days after the
Notice of Completion has been recorded in accordance with applicable
portions of the Civil Code; and 4) release the Faithful Performance Bond one
(1) year after Council acceptance.
8. MARINERS, CHINA COVE AND 62ND STREET WASTEWATER
PUMP STATION REHABILITATION - COMPLETION AND
ACCEPTANCE OF CONTRACT (C- 3585). 1381100 -20061 1) Accept the
work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize
the City Clerk to release the Labor and Materials bond 35 days after the
Notice of Completion has been recorded in accordance with applicable
portions of the Civil Code; and 4) release the Faithful Performance Bond one
(1) year after Council acceptance.
9. CONTRACT WITH OMTS FOR ORGANIZATIONAL REVIEW OF THE
UTILITIES DEPARTMENT (C- 3839). [381100 -20061 1) Authorize the
City Manager to sign a professional services agreement with OMTS in an
amount not to exceed $60,000 (includes base contract of $56.430 with a 5%
contingency if authorized by the City Manager) to perform an organizational
review of the Utilities Department; and 2) approve a budget amendment
(06BA -066) in the amount of $60,000 (from water and wastewater enterprise
system reserves to Utilities' professional and technical services account).
10. BIG CANYON CREEK RESTORATION PROJECT - PHASE II (C-
3593). [381100 -20061 Item continued to May 23, 2006.
11. SANTA ANA HEIGHTS EQUESTRIAN FACILITY - CONTRACT FOR
PLANNING AND ENVIRONMENTAL SERVICES AND FUNDING
AGREEMENT (C- 3840). 1381100 -20061 1) Authorize the City Manager to
execute an Agreement with Orange County or the Orange County
Development Agency to allow the City to manage the construction of an
equestrian facility in Santa Ana Heights; and 2) authorize the Mayor to sign
a Professional Services Agreement with Keeton Kreitzer Consulting in an
amount not to exceed $41,300 (includes a 5% contingency) to conduct
environmental consulting services for the Santa Ana Heights equestrian
facility.
MISCEL LANEO US
S20. PROPOSED COUNCIL POLICY K -6: PROCESSING OF SANTA ANA
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HEIGHTS SPECIFIC AREA PLAN AMENDMENTS. (100 -2006] Adopt
Council Policy K -6 relating to the processing of proposed amendments to the
Santa Ana Heights Specific Area Plan.
Motion bv_Mayor Pro Tem Rosansky to approve the Consent Calendar, except
for the items removed (6, 12, 13 and 14); and noting the correction made to Item No.
1 and the continuance of Item No. 10.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
6. RENEWED MEASURE M TRANSPORTATION INVESTMENT PLAN. (100-
2006]
Council Member Curry stated that the Measure M renewal is critically important to
Newport Beach, and explained that it will increase the available funds for local
streets and roads, and will also provide money for water quality improvements and
circulation services.
Sandra Genis stated that the draft Transportation Investment Plan only describes
the draft of Measure M and is not the Measure itself. She requested that the City
Council not approve the proposed resolution or, at a minimum, defer action until the
final document is prepared and complete information is available.
Dolores Otting agreed with the comments of Ms. Gerais, and requested that when the
final document is available that it be placed on the City's website. She also noted
that the money that will be available for water quality will be shared by all of the
cities in the County and will not just go to Newport Beach.
Sabrina Dagostino, The O. C. Cruiser, provided information on the O. C. Cruiser, a
new community transportation service that will be offered in the summer of 2006.
She stated that funding for the service will be provided through Measure M and
encouraged the City Council to support the proposed resolution.
Art Leahy, Chief Executive Officer of the Orange County Transportation Authority
(OCTA), explained the process involved for renewing Measure M. He also reported
on the funding and improvements that would be provided through the renewed
program.
In response to Council Member Nichols' questions, Mr. Leahy stated that projects
such as the Santa Ana River crossing are not being included in the Measure M
program, and explained that funding is only being provided for projects that have
been defined and already accepted by the community.
Motion by Council Member Curry to adopt Resolution No. 2006 -34 approving the
Transportation Investment Plan to be submitted to the voters in November 2006.
The motion carried by the following roll call vote:
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May 9, 2006
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle
Noes: Council Member Nichols
12. PROPOSED CITY COUNCIL POLICY B -17 /PARKS, FACILITIES AND
RECREATION PROGRAM DONATIONS (contd. from 4/25/06). [100 -2006]
Mayor Pro Tern Rosansky referred to Section 13(3)(ii)(c) of the proposed policy and
stated that he supports the notification process, but has concerns for requiring an
endorsement from homeowners associations.
Motion by., Mayor Pro Tem.Rosans to approve proposed City Council Policy B-
17, combining all parks, public improvement, facilities and recreation program
donations into one citywide donation policy, as recommended by the Parks, Beaches
and Recreation Commission, and as modified to change the language in 13(3)(ii)(c) to,
"...notification of residents and any homeowners association or common interest
development, when applicable, within 300 feet of placement "; and subsequently
delete current City Council Policy G -5.
In response to Council Member Nichols' question, General Services Director Harmon
confirmed that the Parks, Beaches & Recreation Commission has final approval of
the location of bench donations.
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
Noes: Council Member Nichols
13. AMENDMENT TO COUNCIL POLICY F -14 (SERVICE CONTRACTS). (100-
20061
W. R. Dildine expressed his support for the proposed document, but stated that he
does have some concerns for the section covering public works contracts.
Motion by Mayor Pro Tem. Rosansky to adopt Resolution No. 2006 -35 amending
Council Policy F -14.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
14. COUNCIL CONSIDERATION TO FORM A COMMITTEE TO STUDY
APPROPRIATE WAYS TO HONOR THE FALLEN FROM THE 1ST MARINE
BATTALION 1ST MARINE DIVISION OF CAMP PENDLETON. [100 -2006]
Mayor Webb suggested that the size of the proposed committee be reduced.
Motion by Council Member Carry to form a committee with the following make-
up: one (1) City Council member, two (2) members from the existing 1/1
Committee, one (1) member from the Parks, Beaches & Recreation Commission, one
(1) member of the Arts Commission, one (1) City staff member and one (1) member
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May 9, 2006
from American Legion Post 291.
Dolores Otting stated that if a memorial is considered, it should recognize all of the
armed services and not just the 1st Battalion 1st Marines, and she further suggested
that financial support for the families of the fallen Marines be considered instead.
Council Member Ridgeway agreed with many of Ms. Otting's comments, and
suggested that the committee be directed to consider honoring the fallen Marines in
a way outside of a memorial. Council Member Curry expressed support for the
initial intent. Council Member Nichols expressed support for a broader recognition.
Council Member Curry. amended _the motion . to add direction to the
committee to review the overall concept and recommend how the fallen Marines can
best be honored.
The original motion, as amended, carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member
Nichols
K. PUBLIC HEARINGS
15. PENDRAGON NORTH AMERICA AUTOMOTIVE INC. (LAND ROVER
NEWPORT BEACH SERVICE CENTER - 2101 DOVE STREET). [I00 -2006)
Motion- Council Member_ Ridgeway to approve the request by adopting
Resolution No. 2006 -36 for General Plan Amendment No. 2004 -009, Use Permit No.
2004 -043, Traffic Study No. 2005 -006 and Mitigated Negative Declaration (SCH No.
2006 - 021036) and introducing Ordinance No. 2006 -14 for Code Amendment No.
2004 -012, and passing to second reading on May 23, 2006.
Council Member Daigle confirmed with Planning Director Temple that the applicant
is in agreement with the recommended action.
Mayor Webb opened the public hearing.
Hearing no testimony, Mayor Webb closed the public hearing.
Council Member Nichols referred to the maps provided in the staff report, and asked
how much rezoning is being done. Mayor Webb explained that only the Land Rover
parcel would be rezoned. Council Member Nichols received additional clarifications
on the proposed project.
Council Member Ridgeway confirmed with Planning Director Temple that there is
a condition requiring that the car carriers unload on site and not on the street.
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
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16. REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FISCAL YEAR 2006 -2007 ONE -YEAR ACTION PLAN TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (100 -2006]
Council Member Nichols asked if discontinuation of the program had ever been
considered. Council Member Ridgeway stated that the grant is very important to
the City in the long -term and noted that a large portion of it is being used to pay off
the loan for the Balboa Village revitalization project. A general discussion followed
and Mayor Webb confirmed that the City is distributing the maximum amount
allowed and recognizes that it is decreasing.
Motion by. Council Member Ridgeway to approve the 2006 -2007 CDBG Action
Plan; authorize the City Manager or his designee to execute the FY 2006 -2007
CDBG Program Grant Agreement and all related documents on behalf of the City;
and adopt Resolution No. 2006 -37 authorizing the City Manager to submit the FY
2006 -2007 application for CDBG funds and One -Year Action Plan to HUD.
Mayor Webb opened the public hearing.
Hearing no testimony, Mayor Webb closed the public hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Webb, Council
Member Ridgeway, Council Member Daigle
Abstain: Council Member Nichols
Absent: Mayor Pro Tern Rosansky
17. GENERAL PLAN UPDATE: LAND USE AND CIRCULATION ELEMENTS,
IMPLEMENTATION PROGRAM AND DRAFT ENVIRONMENTAL IMPACT
REPORT. [681100 -2006]
Noting those in attendance at the current meeting to address the Santa Ana
Heights horse trail issue, Mayor Webb stated that by approving Item No. S20 earlier
in the meeting, the City Council adopted a policy that requires County input on any
changes that the City makes to the General Plan and the Santa Ana Heights
Specific Area Plan. He noted that a drawing has been added to the General Plan
Circulation Element that shows trails in the City and stated that this change will be
submitted to the County, which means that no determination would be made on the
Santa Ana Heights horse trail at the current meeting. He stated that those that still
wish to address the City Council may do so, but to keep this information in mind.
Harry Rinker spoke in opposition to the equestrian trail, and he recognized those in
the audience who also opposed the trail.
Bob Nichols spoke in opposition to the trail.
Buck Johns spoke in opposition to the horse trail and expressed support for the
City Council's action on Item No. 520.
Jayne Jones spoke in support of the equestrian trail. Using a PowerPoint
presentation, she displayed a map of where the proposed trail is located and photos
of horseback riders who are currently required to use the streets where there are no
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trails
Council Member Ridgeway asked if the bay could also be accessed by going west on
Mesa Drive from Cypress Street, instead of east to the end of Mesa Drive. Ms. Jones
responded in the affirmative. Recognition was given to those in the audience who
support the proposed trail.
Mary Slocan reported that the utilities on Cypress Street and Mesa Drive are going
to be undergrounded, noting that it would be an ideal time to put in the new all -
purpose trail. In response to Council Member Ridgeway's earlier question, she
stated that non - equestrians would also use the trail to access the park at the end of
Mesa Drive.
Jeff Dickman, County of Orange, stated that the County has a master plan that
connects with the Santa Ana Heights area. He offered to assist with the design of
the trail and, believed that it could be supported by the community.
Jenna Jarvis spoke in support of the trail.
Harry Terrell clarified that the area near Santa Ana Heights is considered the
Upper Bay, and not the Back Bay.
Sheila Ferguson stated that the trail has already been approved and it is time that it
be constructed.
Holly Jarvis spoke in support of the trail, and stressed that it will be a multi -use
trail.
Valerie Bath spoke in support of the trail, citing her difficulty in pushing a baby
stroller in the area. In response to Council Member Daigle's question, Public Works
Director Badum confirmed that there is not a walkway in the area of Ms. Bath's
home. He added that the street is unfinished and that he would expect the City to
make the improvements in the future if it has control of the redevelopment agency.
David Wooters spoke in opposition to the horse trails.
Mayor Webb stated that the City will get more input from the County, and
suggested that the audience participate in the meetings of the County when the
matter is discussed.
Mayor Webb called for a recess 8:45 p.m., and reconvened the meeting at
8:55 p.m. with all Council Members present.
Assistant City Manager Wood reported that the Planning Commission at its meeting
on May 4, 2006, discussed three subareas of the Land Use Element. These included
the airport area, Mariners' Mile, and Old Newport Boulevard.
Council Member Ridgeway announced that he is recusing himself from the
discussion of the airport area because he has a conflict of interest.
In response to Mayor Pro Tern Rosansky's question, Assistant City Manager Wood
explained the reasons why the addition of residential units is being considered in the
General Plan. Woodie Tescher, EIP Associates, provided additional information
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regarding housing requirements
Using a PowerPoint presentation, Assistant City Manager Wood displayed the four
options recommended by the Planning Commission for the airport area, as also
provided in the staff report. Additionally, she displayed a fifth option being
recommended by staff that would be "trip neutral ", which means that the trip
generation would be the same as the existing General Plan. Specifically, the staff
recommendation would reduce the total number of dwelling units to 2,200, allow a
maximum of 550 of those units to be additive and place a cap of 50 units per acre in
the replacement areas. The replaced development would be 28.3 acres of office and
4.7 acres of commercial. Additionally, the recommendation assumes that Conexant
would remain industrial and the Campus tract would not be considered for mixed
use. She also displayed maps of the airport area.
Council Member Selich expressed his support for the staff recommendation. No
objections were heard.
Dolores Otting received clarification on the location of the additional housing. She
expressed opposition to the belief that residents in the airport area will stay in the
airport area. Assistant City Manager Wood clarified that their leisure trips would
be during the nonpeak hours of travel, however.
Philip Bettencourt, representing Brookfield Homes, stated that in response to some
of the questions raised at the City Council meeting on April 25, 2006, he wanted to
note that the Brookfield development is within the Newport Place Planned
Community, which has existing special land use restrictions on residential.
Secondly, he expressed his discomfort with the ten -acre parcel minimum because it
requires parcel consolidation. Lastly, Mr. Bettencourt stated that the Brookfield
project would be of modest density, and is located at Spruce and Quail Streets.
Carol McDermott, speaking of behalf of the Koll Company, expressed support for the
staff recommendation.
Assistant City Manager Wood reported that the Planning Commission discussed two
options for the Mariners' Mile area. The first option allowed residential use on the
harbor side of Coast Highway and the second option did not. After incorporating a
change to one of the inland parcels, the first option results in 1937 fewer trips than
the existing General Plan and the second option results in 384 more trips than the
existing General Plan. She stated that staff is also recommending a third
option that would also not allow residential use on the harbor and makes a change
to commercial use, resulting in 1307 fewer trips than the existing General Plan. The
Planning Commission recommended the first option, but wanted the City Council to
consider both of the options that they reviewed.
Mayor Pro Tern Rosansky expressed opposition to residential use on the harbor side
of Coast Highway in Mariners' Mile, and his support for the third option. He listed
the many parcels in the area that have redeveloped under the current zoning and
did not feel that introducing residential on the harbor side was necessary.
Council Member Ridgeway expressed support for the first option. He stated
that mixed use will make the area more viable, promote revitalization and reduce
traffic trips.
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Council Member Selich stated that the character of the harbor, not just trip
counts, needs to be taken into consideration. He expressed his support for the third
option, and the economic opportunities and good planning that it provides.
Council Member Daigle stated that there are other aspects to urban planning than
trip counts, and also expressed her opposition to residential use on the harbor side.
Council Member Curry stated that the first option provides the opportunity to
reduce trips, while allowing for the redevelopment of the area in a proper and
effective way.
Mayor Webb stated that some residential use will work well in the area, and noted
that there is already residential use on the water elsewhere in the City.
Keenan Smith, architect and urban planner, expressed support for mixed use in
Mariners' Mile, and noted that residential use is the critical element for mixed use
to work. He felt that it should be placed whereever possible.
Dan Daniels. Ardell Investment Company, owners of the Ardell property, stated that
some residential use is desirable to property owners and is also necessary if
Mariners' Mile is to be revitalized.
Mark Murrel shared his involvement with Mariners' Mile and stated that visitor
serving, retail type uses have had difficulty being successful in Mariners' Mile. He
expressed his support for mixed use on both sides of the highway and stated that it
is vital to the revitalization of the area.
Dolores Otting requested that the City Council also consider access to Hoag Hospital
when making its decision.
Darlene Lasher, owner of property between the Ardell property and the Sea Scout
Base, expressed her support for including housing in the mixed use plan in
Mariners' Mile.
Carol McDermott stated that the General Plan update visioning process consistently
showed that people support revitalization of the Mariners' Mile area. She stated
that existing restrictions have limited revitalization in the past, and she expressed
her support for residential use on the water. She stated that it would provide a
significant community benefit.
Brad Avery, Orange Coast College, expressed his support for mixed use development
in the Mariners' Mile area.
Dr. Jan Vandersloot, GPAC member, expressed his opposition to residential use on
the harbor side, and he disagreed that the other option would create additional trip
counts.
Discussion followed with differing opinions on whether trip counts are reduced or
increased with residential development.
Motion by Council Member Curry to approve the first option, which would allow
residential use on the harbor side of Coast Highway at 12 dwelling units per acre
and limit commercial use to 0.5 Floor Area Ratio (FAR).
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Substitute motion by_ Mavor__Pro Tem Rosansky to approve the third option,
which would not allow residential use on the harbor side of Coast Highway and
would limit commercial use to 0.5 FAR, except on inland properties east of Rocky
Point without lot consolidation, where the limit would be 0.3 FAR.
The substitute motion failed by the following roll call vote:
Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Council Member Daigle
Noes: Council Member Curry, Mayor Webb, Council Member Ridgeway, Council
Member Nichols
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Mayor Webb, Council Member Ridgeway, Council
Member Nichols
Noes: Council Member Selich, Mayor Pro Tem Rosansky, Council Member Daigle
Council Member Selich suggested that vertical mixed use, and not horizontal mixed
use, be allowed on the waterfront. Council Member Ridgeway disagreed with such
specifics being discussed, at this point. Council Member Daigle stated that
guidelines should be considered. Council Member Curry suggested that staff provide
additional information on the subject at a future meeting. Mayor Webb stated that
there are other aspects to consider. Council Member Ridgeway stated that he's not
opposed to considering standards in the future. It was the consensus of the Council
Members to have staff study the matter further and return to the City Council with
additional information.
Assistant City Manager Wood displayed a map of the Old Newport Boulevard area
and outlined the three options considered by the Planning Commission. Option 1
would designate the entire area for medical office. Option 2 would designate the
entire area for general office. Option 3 retains mixed use on the east side of Old
Newport Boulevard and designates the west side for general office. The Planning
Commission recommended that Options 1 and 3 be considered further by the City
Council. Clarifications and additional information were provided in response to
questions by the Council Members.
Mayor Pro Tem Rosansky received clarification on why the Planning Commission
did not support Option 2. He also received confirmation that medical use is allowed
within the general office designation, and noted that Option 2 results in over 3,000
fewer trips than the existing General Plan.
Motion by- Mayor Pr_o Tem Rosansky to approve Option 2.
Barbara Rawlings stated that parking is going to be a problem at the new
development at Orange Avenue and Old Newport Boulevard.
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
Assistant City Manager Wood displayed the current proposal for Newport Center,
which included an addition of 450 residential units, 75,000 square feet of retail and
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60 hotel rooms, and no additional office space. She then displayed the entitlement
reductions that The Irvine Company agreed to in the Newport Center traffic impact
area, which included reductions in residential development at Bonita Canyon,
Newporter North and the Freeway Reservation, and reductions in commercial
development. at the Bayside Center, the Bluffs Center, Eastbluff Village Center,
Harbor View Center and Newport North Center. She additionally noted that a
change in the designation of Sherman Gardens from commercial to private
institution would provide further trip reductions.
Council Member Selich noted that Sherman Gardens is in agreement with the
redesignation.
Motion bCouncil._Member RideeWay to approve the Newport Center/Fashion
Island area as presented.
There were no objections heard
L. PUBLIC COMMENTS
Barbara Rawlings shared her recent experience attempting to visit Back Bay View Park, and
noted that it is difficult to find parking or access the park.
Dolores Otting expressed her support for a traffic signal at San Miguel Drive and Spyglass
Hill Road, as announced earlier by Council Member Curry. Additionally, she suggested that
the Mayor promote the fundraising efforts taking place for the McFadden Square Plaza.
And, lastly, she encouraged the public to contact Council Members with their input
regarding the City's 2006 -2007 Capital Improvement Program.
M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None.
N. PLANNING COMMISSION, AGENDA AND ORAL STATUS REPORT
18. PLANNING COMMISSION AGENDA FOR MAY 4, 2006. (100 -2006]
a
Received and filed written report.
19. SANTA ANA HEIGHTS FIRE STATION AND TRAINING CENTER (C- 3626).
(381100 -2006]
Assistant City Manager Kiff outlined the staff recommendations, as provided in the
staff report.
Mayor Pro Tom Rosansky asked what guarantee the City has that it will be
reimbursed from the redevelopment agency. Assistant City Manager Kiff stated
that it is a legitimate redevelopment expense, and City Manager Bludau added that
there is no guarantee, but staff does feel that the City would be reimbursed for the
full cost of the fire station.
In response to Council Member Nichols' question, Assistant City Manager Kiff
stated that there is sufficient funding for the fire station, as well as the other
projects that the Santa Ana Heights Project Advisory Committee (PAC) desires to
accomplish. He expressed confidence that the County would provide the
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reimbursement
Council Member Daigle expressed concern for the wording of the sixth staff
recommendation, and explained that the action taken at the current meeting should
not assume that the City will receive full reimbursement for the fire station. She
suggested that the sixth recommendation be changed to read, "direct the City
Manager to bring to the City Council for approval a plan for reimbursement of the
general fund contribution to the project from the Santa Ana Heights redevelopment
project area ".
Council Member Curry suggested that the City request the County to adopt a
resolution for reimbursement or an intention to fund this project.
Council Member Selich expressed concern for committing to the project without
knowing what the City will receive back from the County. He suggested that the
matter be continued until there is a confirmation on the amount that the City will
receive. City Manager Bludau suggested that the Council Members consider what
would happen if the City is not fully reimbursed by the County, noting that the fire
station is essential. Council Member Selich stated that it could be placed on the
Capital Improvement Program list and considered along with the other projects in
the City.
Council Member Ridgeway provided a brief history of the project, and expressed his
belief that the County would provide the reimbursement. He agreed with Council
Member Daigle's suggestion for the sixth recommendation and suggested that
language also be added to indicate that the funding would not impair the integrity of
the other projects that are on PAC's list. It was the consensus of the Council
Members that the fire station is needed.
Council Member Curry suggested that the City adopt a resolution of inducement
that would protect the City and allow it to reimburse itself in the event that the
money is not received from the County.
Fire Chief Riley expressed his support for approving the project at the current
meeting, and stated that the department has been using a temporary facility for five
years and timing is an issue. Additionally, he noted the community involvement
that has taken place on the issue and discussed the importance of the training
facility that would be included in the project.
Motion by Coyncil_Member. Ridgeway to 1) approve the plans and specifications;
2) affirm the categorical exemption from provisions of the California Environmental
Quality Act (CEQA); 3) approve a budget amendment (06BA -067) appropriating
$4,542,397 from the General Fund Capital Improvement Reserves to account 7456 -
C2320669 representing the General Fund contribution to the project; 4) award the
contract to Bernards Bros., Inc. for the total bid price of $6,495,000 and authorize
the Mayor and the City Clerk to execute the contract; 5) establish an amount of
$650,000 to cover the cost of testing, unforeseen work and permits and an amount of
$227,397 for construction management by GKK Works; 6) direct the City Manager to
bring to the City Council for approval a plan for reimbursement of the general fund
contribution to this project from the Santa Ana Heights redevelopment project area,
provided that such reimbursement does not impair the ability to fund the other
projects on PAC's approved project list; and 7) execution of the contract is not to take
place until staff brings back to the City Council a resolution of inducement for
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approval to protect the bonding of the project
Public Works Director Badum stated that the motion would require the contractor to
hold his price beyond 45 days.
Council Member Curry suggested that the motion include language that expresses
the City Council's intent to preserve the right to finance the project at a future date,
and stated that a resolution of inducement could then be brought to the City Council
at the meeting of May 23, 2006.
Council Member Rjdgeway mended the motion to change the seventh action
to read, "if such a resolution has not already been adopted, direct staff to bring back
to the City Council for approval a resolution of inducement at the meeting of May
23, 2006, preserving the right of the City Council to finance the project with
redevelopment funds at a future date ".
Barbara Venezia, PAC Chairman, expressed PAC's support for the fire station, and
confirmed that the other projects on PAC's list are also important.
The original motion, as amended, carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Webb,
Council Member Ridgeway, Council Member Daigle
Noes: Mayor Pro Tem Rosansky, Council Member Nichols
P. MOTION FOR RECONSIDERATION
Motion by Council Member Ridgeway to reconsider the vote on Item No. S20.
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 Rid ewa to adopt Council Policy K -6 relating to the
processing of proposed amendments to the Santa Ana Heights Specific Area Plan, as
amended by Council: Member Selich's and the City Attorney's handouts.
Mayor Pro Tem Rosansky expressed opposition to the proposed policy and explained that the
residents of Santa Ana Heights were supportive of being annexed into the City because they
wanted their issues resolved locally. He didn't feel that the City should abdicate its duties to
the County.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Webb, Council Member
Ridgeway, Council Member Daigle, Council Member Nichols
Noes: Mayor Pro Tem Rosansky
Q. ADJOURNMENT - at 11:58 p.m.
The agenda for the Regular Meeting was posted on May 3, 2006, at 2:30 p.rrL on the
City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building. The supplemental agenda for the Regular Meeting was
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posted on May 5, 2006, at 2:15 p.m. on the City Hall Bulletin Board located outside
of the City of Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
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