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HomeMy WebLinkAbout01 - Minutes - 07-11-2006Agenda Item No July 25, 2006 CITY OF NEWPORT BEACH City Council Minutes Study Session July 11, 2006 — 3:30 p.m. ROLL CALL Present: Council Member Curry, Council Member Selich, Mayor Webb, Co Member Daigle, Council Member Nichols Excused: Mayor Pro Tem Rosansky, Council Member Ridgeway Mayor Pro Tem Rosansky arrived at 3:54 p.m. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONS ALENDAR. Regarding Item 4 (1 /1 Memorial something that commemorates all In response to Council Member Community Center), Public Works since it the City Manager ber Nichols suggested having ons rela a to Item 5 (Newport Coast d rified t the contract amendment is cludehe contract when the project was the firm Van as- needed basis since 2002. questions regarding Item 8 (Eelgrass Planting and adicated that the contract is mostly to conduct a done to establish fields away from docks. ed Und`e ground Assessment District No. 92), Council Member ion from Mayor Webb that the rezoning in the General Plan area. TATION. [351100 -20061 Vat' indicated that he began this process after having concerns about the City's and personnel schedules. He utilized a PowerPoint presentation to discuss his ne -story City Hall at the site above the Central Library and indicated that he will have a display at his office (417 30th Street) starting in October. He pointed out that he did not intend to design the building but the building in his plan is only about 24 feet longer than the proposed City Hall. He also discussed the elevations and stated that the City Hall would be about 12 to 14 feet below the view plane. He added that 157,000 cubic yards of dirt would need to be removed, but the site would still have a usable park. He recommended including the same path that is in the Newport Center Park plan. He noted that access can be obtained off of Avocado, MacArthur, and Farallon and reviewed the parking structure as it relates to the library. He displayed the views from the site. He stated that City Hall functions will not be interrupted during construction. He noted that public buildings can be built on public property, as long as it benefits the most amount of people. He believed that using this site for City Hall will allow the City to do the park correctly with native Volume 57 — Page 728 City of Newport Beach Study Session Minutes July 11, 2006 landscaping. He expressed concern with excavating 52,000 cu. yards for the park. Mr. Ficker believed that the City shouldn't build the City Hall at its current location due to potential disasters and access issues. He displayed an overview of the property exchanges and expressed concern with the location of the fire station and the unused entry from Finley. He believed that the current site should not be sold, but the City should convert the Chambers into a community space, keep the lobby and front tower, and use the remainder of the land for an urban park if the site above the Central Library is to be used for the City Hall. Mr. Ficker believed that the current City Hall plan is not a good plan, is exp ve, and will affect the operation of City Hall. He added that, if this were put to aOvote, the entire community will have the opportunity to vote on the issue. He pr, Council with a summary of his recommendations. % In response to Council questions, Mr. Ficker indicated that,eleavation and ding will cost about $2 million, but this does not include costs involvith andling endan ed species. He confirmed that designing the 68,000 sq . ft. b g wo� e the next step,�tt believed that each side of the building can be 300' x 200. d 20' He believed that a rtion of the building could be two - story, but expressed con about conducting more ex' ation. He discussed possible parking alternatives, but co ed that he has not conducted any traffic analysis. He believed that th will not be an water issues on the site since the library's basement is at an elevatio bout 120. H isplayed an overlay of how the proposed City Hall at the current loca on fit onto th 'te above the library. Mayor Webb expressed concern with what aff City 1 would have to views and suggested placing as urb #n park on th roof o ity Ha elp mitigate the views. Recreation a fServicesf Director Kni ° provided a handout of the Newport Center Park plan and revved the. story of the sit Mar ader, Awl ai5� n, repor on the various consultants they have used on this utili a Powe - entation to discuss the design of the park. He reviewed t tudi' that were co ducted to locate the environmentally sensitive areas which were tly to d in the northern portion and how the construction of the park will not impact th a area a indicated that about 70,000 cu. yards would be removed, but they will be using ab t 11,000 cu. yards back onto the park site. He discussed the parking area and lighting, and indicated that the trees they do plant will respect the view planes of th arbor View residents. I" " spoe to Council questions, Mr. Reader reviewed the design of the amphitheater and sta at it is at an elevation of about 170, but reported that the ramp from the parking lot co es with the Americans with Disabilities Act (ADA) guidelines. He indicated that there will be street parking available off of Avocado and north of Farallon. He indicated that the parking lot at Farallon can be added back into the plan. He reported that they also added a storm drain system in the parking lot with added catch basins to collect water. He explained the concept drawing which would remove coastal sage scrub and replace it with California native landscaping. Debra Allen, Chair of the Park Development Committee and member of the Parks, Beaches & Recreation Commission, took issue that the proposed plan takes away the large turf area and only leaves the habitat area. She noted that the site is not in the Coastal zone but it gives the City an opportunity to show that it can create a combination park. She Volume 57 - Page 729 City of Newport Beach Study Session Minutes July 11, 2006 emphasized that park plans are completed. She took issue with the retaining walls, the City Hall being 30 feet higher than the library, and the parking structure lights which will be in the resident's view plane. Tom Moulson noted that the park site has not been appraised and asked Council to also take the social costs into consideration. Dennis Baker expressed opposition to the taking of park land. However, if City Hall were built there, he presented Council with a Rana Creek brochure to possibly put landscaping on the roof of City Hall. Elizabeth Stahr noted that she and her husband helped raise money for th ntral Library and expressed concern that the City will never get another group to ra' money again if it changes its mind about the Newport Center Park. She noted that ry pumps water daily and that there is not enough parking. She took issue with traffic- oblem that will be escalated at San Miguel if City Hall were built on that situ George Jeffries agreed that San Miguel has major traissue nd presented lsolution to mitigate it. He encouraged Council to consider °pity Ha]f^'"site that is not loc� on the Peninsula due to disaster concerns. AFI Barry Allen noted that the 1998 Recreation and OpeSpace Element reported that Corona del Mar did not have enough park a emphasized t11at the Newport Center Park has funding. He took issue that The I mpany, as �n of the signers of the CIOSA agreement, approves designation cha es � site whe -they didn't want to negotiate with the City for the Corporate Plaza est site. , Nancy Gardner extsi*d concern witfi se #ing this typf precedence. She stated that, even if a park e crested on the cur City Hall site, the City asked residents to raise funds for tl1 ewport;.Center Park. a questioned whether anyone would want to give money after tE -mss �x St pp d M pl resented photos of retaining walls along Sailhouse ane anLa and distrib a handout that shows that construction costs have declined east st months. Jan Vanderslit discus the history of the site and presented Council with a concept illustration a0l the two agreements the City signed regarding the site. He discussed the views from tyb t •` southern portion of the park and noted that there are also environmentally V sin the southern portion. He requested that, if City Hall were to be built on built on the most southern edge of the site and that the parking lot be removed Ann MaI stan reported that she has worked hard to keep the site open space and invited everyone to experience the views. James Turner expressed his support for Mr. Ficker's plan. Lucille Kuehn indicated that Mr. Ficker's plan opened everyone's eyes to the possibility of building the City Hall someplace else other than the current location. Bernie Svalsted noted that they initially raised $1.2 million for the Newport Center Park but now only have $600,000. He suggested getting a 99 -year lease with the option to buy the Volume 57 - Page 730 City of Newport Beach Study Session Minutes July 11, 2006 3. Corporate Plaza West site. Garrett Smith, architect, supported for Mr. Ficker's plan and expressed concern about the possibility of liquefaction and floods at the current location. Ron Hendrickson expressed support for building City Hall on the park site, believing that there will still be an ample park site at MacArthur and Avocado. He expressed concern that the noise from MacArthur would disturb the amphitheater. Barton Beek expressed support of the proposed plan so it frees the current City liall site to be a park in the heart of the traditional City. He believed that the community 't use the Newport Center Park, City Hall will always create a traffic problem no r where it's located, and the ocean will rise 1.5 feet within 50 years. Mayor Webb asked staff to come back with a report relative tow Co it can place an advisory question on the November ballot that would Indic. that site a e the Central .- Library would be exchanged for the current City Hall si with the underst ing that no environmental documentation has been generated ands' at tl ' would have to . one prior to City Hall being built on the park land. He no that the might be language nges in the new General Plan if this occurs. He clarifi },tai' the current City Hall s would become open space. R Council Member Curry believed that; time to place the question on the ball public expects Council to make after it Council Member Selich agreed with Cc Fire Station site w sibility from due to the cons is t Committee 1 building wo be mul -story, and thi away any par 4nd. City cannot define all the issues with the site in noted that is the type of decision that the al : the data. kft. reported that the Police and Committee, but it fell short 3e noted that the City already owns the site, the is in a central location without needing to take ber le staieNhaii. �;a knows an architect who maybe presenting a plan for a civic cen She eed with "until Member Selich and noted that it seems like the desire is to b ore c rally located. Council Mem r Nicho believed that City Hall won't be a sight impediment for the residents an that tra c can be improved by extending Farallon. He stated that the advisory vo ay be moot once more information is presented. Vehalt em Rosansky noted that a majority of Council cannot agree on this issue and more study may be needed. He stated that he would support the Mayor's r an advisory vote only if the park site were to be considered for City Hall. Further, he would insist that there not be a net loss of park site in the City. Regarding the Newport Center Park plan, he indicated that he does not like the location of the parking lot and believed that it should be on more level ground. NEWPORT COAST PARKS - Continued to the July 25, 2006 Study Session. Volume 57 - Page 731 City of Newport Beach Study Session Minutes July 11, 2006 PUBLIC COMMENTS Dolores Otting noted that people wanted an advisory vote one and a half years ago. She commended Council for considering leaving the current site and expressed support for relocating to the Police and Fire Station site. ADJOURNMENT - 6:15 p.m. City Clerk Recording Mayor Volume 57 - Page 732 CITY OF NEWPORT BEACH City Council Minutes D���1 Regular Meeting July 11, 2006 — 7:00 p.m. STUDY SESSION - 3:30 p.m. CLOSED SESSION • 6:15 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING [Q C. D. E. F. G. H. ROLL CALL Present: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Nichols Excused: Council Member Ridgeway CLOSED SESSION REPORT - None PLEDGE OF ALLEGIANCE - Council Member Daigle Council Member Curry PRESENTATIONS Boy Scouts of America Sea Scout Proclamation (contd. from 6/27/06). Mayor Webb presented a proclamation to Mike Stewart and crew members from the Sea Scout Base proclaiming that recognition be given to the Boy Scouts of America and Sea Scout Ship 711 "The Del Mar ". David George, one of the crew members, shared some of his experiences with the Sea Scout program. Recreation Month Proclamation. Mayor Webb presented a proclamation to Sean Levin, Recreation Manager, proclaiming July as Parks and Recreation Month. Vanessa Famighetti and Max Stecca from the Counselors in Training (CIT's) program, and Serena Prostor and Kelsey Larson from the Summer Work Internship & Mentoring (SWIM) program shared their experiences. In addition, Hanna Dean, a former CIT and current Recreation Services employee, described her experiences. Presentation of Plaque to Harry Hamilton, Board of Library Trustees. Mayor Webb announced that Harry Hamilton was unable to attend the current meeting, and that the plaque commemorating his service on the Board of Library Trustees would be sent to him. NOTICE TO THE PUBLIC CITY COUNCIL. ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEMP Council Member Daigle announced that the Library's summer programs have begun and she encouraged everyone to participate in "Library A Go Go ", a mobile library program. Volume 57 - Page 733 City of Newport Beach City Council Minutes July 11, 2006 Council Member Curry complimented the efforts of the Police Department during the 4th of July holiday. Mayor Webb stated that on the 4th of July, he participated in both the 32nd Annual Mariners Parade and the Old Glory Boat Parade. Mayor Webb requested that the Back Bay View Park be open to the public on the 4th of July in the future, noting that this year it was fenced off. Mayor Webb announced that there are 52 days until the City's 100th birthday. He announced the upcoming Centennial events, which included a Bill Medley concert at Fashion Island on July 12th, the official City birthday party and cake cutting on September 1st at City Hall, and the 100 Years Between, the Piers event on October 8th; and he shared a "Centennial moment ". City Clerk Harkless announced that on July 19th from 7:00 p.m. to 9:00 p.m., a Town Hall meeting will be taking place at the Huntington Beach Civic Center Council Chambers. The outreach program will assist multicultural citizens in becoming acquainted with the County of Orange voting process and is a joint effort between the Cities of Fountain Valley, Huntington Beach and Newport Beach, in conjunction with the Registrar of Voters. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOL UTIONS 1. MINUTES OF THE SPECIAL AND REGULAR MEETING OF JUNE 27, 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. RESOLUTIONS FOR ADOPTION 3. AUTHORIZATION TO AMEND AN EXISTING CONTRACT FOR A NEWPORT BAY COPPER (Cu) STUDY WITH THE STATE WATER RESOURCES CONTROL BOARD (C- 3817). [381100 -2006] 1) Adopt Resolution No. 2006 -60 authorizing the City Manager to enter into a $90,000 copper study (up from $75,000) with the State Water Resources Control Board; and 2) approve a budget amendment (BA07 -003) accepting $15,000 from the State Board for this Study. CONTRACTS AND AGREEMENTS 5. NEWPORT COAST COMMUNITY CENTER - AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC SOILS ENGINEERING, INC. (C- 3577). [381100 -2006] Approve Amendment No. 2 to Professional Services Agreement with Pacific Soils Engineering, Inc., and authorize the Mayor and the City Clerk to execute the Amendment. 6. ENTERTAINMENT CONTRACT WITH SUGAR RAY FOR CENTENNIAL CLOSING EVENT (C- 3856). [381100 -2006] Approve the contract with Sugar Ray for providing entertainment at the Centennial closing event - 100 Years Between the Piers on October 8, 2006. Volume 57 - Page 734 City of Newport Beach City Council Minutes July 11, 2006 J. AWARD CONTRACT FOR THE POLICE FACILITY ELEVATOR REFURBISHMENT PROJECT (C- 3857). [381100 -20061 1) Award contract for the Police Facility Elevator Refurbishment Project in the amount of $45,478 to ThyssenKrupp Elevator; and 2) authorize the City Manager to execute a standard Professional Services Agreement contract with the vendor as approved by the City Attorney's Office. 8. CONTRACT FOR EELGRASS PLANTING AND SURVEY (C- 3858). [381100 -20061 Authorize the City Manager and City Clerk to execute the contract with Coastal Resources Management. MISCELLANEOUS 9. REQUEST FOR ADDITIONAL FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 92 (AREA GENERALLY BOUNDED BY RIVERSIDE AVENUE, CLIFF DRIVE, TUSTIN AVENUE, AND WEST COAST HIGHWAY). [891100 -20061 Approve a budget amendment (07BA -002) from the General Fund in the amount of $9,000 to Assessment District No. 92 Account Number 74092 -9811 for additional AT &T phone undergrounding design. S16. CABLE TELEVISION: RESOLUTION NO. 2006 -67 EXPRESSING THE CITY'S INTENT TO ADOPT A FRANCHISE AGREEMENT WITH COX COMMUNICATIONS. [421100 -20061 Adopt Resolution No. 2006 -67 expressing the City's intent to adopt a Cable Communications Franchise Agreement with Cox Communications during a public hearing. Motion by Mayor Pro Tem Rosansky to approve the Consent Calendar, except for those items removed (4 and 10). 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 Absent: Council Member Ridgeway ITEMS REMOVED FROM THE CONSENT CALENDAR 4. THE FORMATION OF THE 1/1 MEMORIAL COMMITTEE TO RECOMMEND AN APPROPRIATE MANNER BY WHICH TO HONOR CURRENT AND FUTURE 1/1 MARINES WHO PAY THE ULTIMATE SACRIFICE IN THE LINE OF DUTY. [100 -20061 Dolores Otting stated that the formation of the 1/1 Committee was intended to assist the families of the 1st Battalion/lst Marines. She expressed her opposition to honoring only one branch of the military and didn't feel that a memorial was the best use of the available funds. Motion by Council Member Curry to adopt Resolution No. 2006 -61 approving the formation of the 1/1 Memorial Committee and reflecting the Committee's composition and duties. Council Member Nichols expressed his support for the 1/1, but agreed with the comments of Ms. Otting and didnt feel that a plaque honoring those who have fallen Volume 57 - Page 735 City of Newport Beach City Council Minutes July 11, 2006 only from the 1/1 was appropriate. Council Member Curry stated that the 1/1 Committee, the Marines and those in the community that he has spoken to are in support of the idea. He stated that a memorial would recognize the contribution that the 1/1 Marines have made, would provide a historical remembrance of their sacrifices, and would honor the commitment that the City has made to support the Marines overseas. He noted that it would not take any money away from the support of the families. Council Member Daigle stated that it was her understanding that the proposed committee would consider a way to honor the other armed services to be more inclusive. Mayor Webb stated that there is a recognition at Pacific View Memorial, which recognizes all of the services. He agreed with Council Member Curry that the City has taken a special interest in the 1 /1. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Daigle Abstain: Council Member Nichols Absent: Council Member Ridgeway 10. WEATHER -BASED IRRIGATION CONTROLLER PROGRAM FUNDING. [100- 20061 Dolores Otting expressed her support for the program, but stated that it's difficult for people to understand_ She suggested that the issue be agendized for a Study Session and more information presented_ Additionally, she asked who could participate in the program or if it's just for Newport Coast residents. Motion by Mayor Pro Tem_Rosansky to 1) authorize a reimbursement fund of $30,000 to supplement the MWDOC rebate program for Hydropointe Data Systems to provide and install irrigation controllers for private residences in Newport Coast; and 2) approve a budget amendment (07BA -001) appropriating $30,000 from the General Fund Unappropriated Surplus Fund Balance, 010 -3605, to Account 7014- C5100851. Mayor Pro Tern Rosansky expressed his support for the program and stated that he'll be interested in learning about the water savings that result. He stated that if the program is successful, possibly it could be expanded in the future. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Daigle, Council Member Nichols Absent: Council Member Ridgeway K. -URLIC HEARINGS 11. STEADFAST INVESTMENT PROPERTIES OFFICE EXPANSION; 4343 VON BARMAN AVENUE - GENERAL PLAN AMENDMENT NO. 2005 -007 AND PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2005 -005 (PA 2005 -293). [100 -20061 Associate Planner Murillo provided a brief staff report and described the expansion Volume 57 - Page 736 City of Newport Beach City Council Minutes July 11, 2006 request of Steadfast Investment Properties. He noted that discrepancies in the General Plan and Planning Community Text were discovered in reviewing the application and are being corrected as a part of the recommended action. He also noted the revised resolution that was distributed prior to the current meeting. Motion by Council Member Daigle to 1) approve Resolution No. 2006 -62 for General Plan Amendment No. 2005 -007; and 2) introduce Ordinance No. 2006 -19 for Planned Community Development Plan Amendment No. 2005 -005, and pass to second reading on July 25, 2006. 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 Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Nichols Absent: Council Member Ridgeway 12. GENERAL PLAN UPDATE: ALL ELEMENTS. [681100 -2006] Assistant City Manager Wood reported that the Environmental Impact Report (EIR) would be addressed at the July 25, 2006, City Council meeting. She stated that the Planning Commission reviewed the airport area policies, Lido Isle and all of the other General Plan elements at their meeting on July 6, 2006. She reviewed the Commission's recommendations for the airport area, as provided in the staff report. She and City Attorney Clauson provided additional information in response to questions from the Council Members. Doug Morehead, representing John Saunders, presented a concept plan for a 15- acre parcel in the airport area bordered by Campus Drive, Birch Street and MacArthur Boulevard, and known as the Campus Tract. He stated that the project includes residential development outside of the 65 Community Noise Equivalency Level (CNEL) line, as well as various mixed uses. He spoke in support of the plan and asked that it be allowed in the updated General Plan. Lisa Salisbury spoke in support of a residential village in the Campus Tract area and also asked that the option be kept open. Michael Capaldi also spoke in support of allowing residential development in the Campus Tract. Rob Coldron urged the City Council to consider adding some residential development to the Campus Tract, as proposed. He noted that the General Plan Advisory Committee (GPAC) recommended that areas outside the 65 CNEL line be eligible for the residential designation. Laura Dietz spoke in support of allowing residential development in the Campus Tract. She reported that both GPAC and the visioning process determined that the citizens are in support of residential uses. Marlo Mole also encouraged the City Council to consider a residential component in the Campus Tract area, and stated that it would improve the aesthetics in the area. Volume 57 - Page 737 City of Newport Beach City Council Minutes July 11, 2006 Jim Read spoke in support of residential development in the Campus Tract. John Read also spoke in support of residential development in the Campus Tract. Megan Johnson spoke in support of residential use in the airport area. Emily Smith spoke in support of the proposed project and keeping the options for the parcel open. Megan Hawkins spoke in support of the proposed project and keeping the possibility of residential development at the site open. Steve Sheldon listed the benefits of the John Saunders' project. He reviewed the information provided in the concept plan provided earlier, and requested that the option not be eliminated in the General Plan update process. Council Member Curry expressed support for the plan, as submitted, and suggested that residential entitlement be allowed on the site. Council Member Selich spoke in opposition to the plan and stated that only a limited number of residential units can be provided in the airport area. He stated that the Saunders' property is located in an area that was intended to act as a buffer between the airport and any residential development. Council Member Nichols confirmed with Assistant City Manager Wood that it has been determined that residential development would not be allowed within the 65 CNEL line. Assistant City Manager Wood added that the Campus Tract was found to be isolated from the other residential villages and that not every site in the airport area can include residential development. Mayor Webb expressed his concern for congestion in the area. He asked for a straw vote on whether to change the designation for the site. Council Members Curry and Nichols voted for the change. Mayor Webb, Mayor Pro Tem Rosansky, and Council Members Selich and Daigle voted against it. Assistant City Manager Wood stated that staff is recommending the designation in the Lido Isle area remain as it currently is. No opposition by the Council Members was heard. Assistant City Manager Wood referred to the latest version of the draft General Plan and stated that it incorporates all of the policy changes made by the Planning Commission, the City Council and staff during the public hearing process. She reported that the Planning Commission would be meeting again on July 13, 2006, to review the material. She also noted the correspondence received earlier in the day from the John Wayne Airport and the Airport Land Use Commission. Council Member Curry stated that the updated General Plan does a good job at protecting and enhancing water quality, and suggested that three additional policies be included in the Harbor and Bay Element. These included a policy to take all reasonable action to prevent pollution in the San Diego Creek watershed, to retain a water quality professional to thoroughly review the scope of work for any major water quality study involving the San Diego Creek watershed, and to retain a water quality professional to thoroughly review the product of any major water quality study involving the San Diego Creek watershed. Assistant City Manager suggested that the same policies also be included in the Natural Resources Element, and noted that the first recommended Volume 57 - Page 738 City of Newport Beach City Council Minutes July 11, 2006 policy is already included in the latest draft of the General Plan. With the exception of Council Member Nichols, no objections were heard by the Council Members on adding the two policies, as recommended by Council Member Curry. Council Member Selich suggested that for the Newport Center land use map, the Santa Barbara condominium site be changed from MU to RM, the O'Hill and tennis club properties be changed from PR to MU, anomaly sites 42 and 41 be changed from MU to CO -R, anomaly site 43 be changed from MU to CV and anomaly site 49 be changed from MU to Pl. Additionally, he suggested that Policies LU 6.14.8, LU 6.19.13, NR 22.1 and CE 2.1.2 be deleted. Council Member Selich noted that he has been working with staff on compliance with the traffic model in the General Plan and the Measure S guidelines. In order to avoid any increases in peak hour AM or PM trips in the General Plan, he suggested changes to several land use entitlements. These included reducing the Floor Area Ratio (FAR) from 0.75 to 0.5 in the Coast Highway Commercial area, the West Newport Highway Commercial area, the Newport Boulevard Commercial area, the West Newport Medical Office area, the Westcliff/Dover Commercial area and the Mariners' Mile Mixed Use Commercial area (MU -H1). It also included keeping Koll Center Newport Office Site C as office instead of changing it to commercial, and keeping Newport Technology Center as CO -M but changing the anomaly to 350,000 square feet. Council Member Selich stated that with these changes, the AM peak hour trips will be reduced by 1,055 and the PM peak hour trips by 847. It was the general consensus of the Council Members to support the recommendations, as outlined by Council Member Selich. Council Member Curry suggested that the public be made aware of the changes. In response to questions from the Council Members, Assistant City Manager Wood clarified that the City Council will need to take action on the General Plan and the ballot language at the City Council meeting of July 25, 2006, in order to meet the deadlines to have the matter included on the November ballot. George Schroeder submitted an eleven -page petition, which supported Newport Beach R -2 property owners retaining their two -unit entitlements. He thanked the City Council for their action in regard to this matter at the City Council meeting of June 27, 2006, and stated that the residents reserve the right to challenge any reductions of the two -unit entitlement after reviewing the latest draft of the General Plan. Carol McDermott asked for and received clarification on a couple of Council Member Selich's recommendations. Sandra Genis submitted a letter to the City Council addressing her concerns regarding the accuracy of the traffic model. Additionally, she requested that the response to comments, the changes to the policies and the final draft of the General Plan be provided on the City's webpage. L. PUBLIC COMMENTS Dolores Otting complimented the City Attorney for reporting on Closed Session matters when required. Secondly, she asked when the City Council would be taking action on staffs proposed top ten priorities, and stated that emergency preparedness should be the first priority. Mayor Webb stated that guidance was provided to the City Manager at the Study Session of June 27, 2006. Linn Aitken stated that her neighbors, Tom and Jill Schriber, recently submitted a letter to the Volume 57 - Page 739 City of Newport Beach City Council Minutes July 11, 2006 Chief of Police addressing problems in their neighborhood and the lack of protection by the Newport Beach Police Department. Ms. Aitken stated that nothing has been done and she asked for assistance. City Manager Bludau reported that Police Chief McDonell is following up on the matter. Council Member Curry suggested that the matter be agendized for a future Study Session. Bob Reno suggested that there be lit crosswalks in Newport Beach, like there are in Laguna Beach. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Nichols announced that he and Mayor Webb recently attended ceremonies initiating a four -foot rise in the Prado Dam, which will allow for additional water storage. N. PLANNING COMMISSION_ AGENDA AND ORAL STATUS REPORT 13. PLANNING COMMISSION AGENDA FOR JULY 6, 2006. [100 -20061 Assistant City Manager Wood announced that the Planning Commission elected Jeff Cole as the Chairman of the Planning Commission, Barry Eaton as the Vice Chairman, and Roberts Hawkins as the Secretary. She reported that the rest of their meeting was spent reviewing the General Plan update. O. CONTINUED BUSINESS 14. REPORT TO THE CITY COUNCIL REGARDING ANALYSIS OF INITIATIVE REQUIRING VOTER APPROVAL FOR MAJOR DEVELOPMENTS OVER "AS IS" CONDITION OF CITY. [391100 -20061 City Attorney Clauson referred to the information provided in the staff report. She stated that the proposed initiative, if approved, would add a new chapter to the Newport Beach Municipal Code (NBMC), and is intended to give voters the power to prevent Newport Beach from becoming overbuilt and traffic congested by requiring a specific plan of all development projects that are subject to the ordinance. She discussed the difficulties in determining which discretionary projects would be affected by the ordinance, and noted that the ordinance includes exemptions for certain properties. These exemptions include the properties in Newport Coast, which have not yet been turned over to the City for the processing of development approvals, R -1, R -1.5 or R -2 zoned properties where a single building is being remodeled or reconstructed by an individual, and several public properties. She stated that the ordinance would apply to properties in Multi - Family Residential (MFR) zones, mixed use zones, planned community or specific plan districts, and all other non - residentially zoned properties. Lastly, City Attorney Clauson discussed the potential costs associated with any legal challenges to the ordinance and the costs associated with any elections. In response to Mayor Webb's question, City Attorney Clauson explained that properties that are zoned R -1, R -1.5 or R -2 are not included in the exemptions to the ordinance. A brief discussion followed regarding the possibility of the addition of a granny unit on a property being subject to a vote of the people. In response to Council Member Curry's question, City Attorney Clauson further explained that projects, whether minor or major, that require discretionary approval would create a 5oo -foot "neighborhood" and would have to be counted and tracked for future triggers of the ordinance thresholds for traffic, density and intensity. She again noted that the ordinance is complex and difficult to interpret. Additionally, she noted the requirement in the ordinance for Volume 57 - Page 740 City of Newport Beach City Council Minutes July 11, 2006 summer traffic counts and stated that it could result in a delay in approving projects following the November election. David Lepo, Contract Planner, Hogle- Ireland, stated that many assumptions were made when calculating the City's direct costs associated with preparing, processing and reviewing those projects that would be subject to the ordinance. He emphasized that the direct costs are limited in scope and do not take uncertainties into account. He reviewed the costs, as listed in the staff report. A general discussion followed regarding how it will be determined when a project triggers the requirements of the ordinance. Several scenarios were presented and it was agreed that interpretation is difficult. Mr. Lepo displayed a map of the City illustrating the exempt and non - exempt areas, as defined in the ordinance. Senior Planner Alford reported that the majority of the properties in the City designated for single family and two- family development are not exempt from the ordinance. He also noted that the properties in the Newport Coast area will only remain exempt until the tracts are developed and turned over to the City from the County. Council Member Curry expressed his concern for the disparity of the ordinance's impact on Newport Coast. Mr. Lepo displayed a map of the City showing the location of the projects that required discretionary approvals in 2005 that would have required tracking or a vote of the people under the provisions of the proposed initiative. 15. PROPOSED BALLOT MEASURE - "VOTER APPROVAL FOR MAJOR DEVELOPMENTS OVER "AS BUILT CONDITION" OF CITY". [391100 -2006] City Attorney Harkless provided a summary of the information contained in the staff report, and stated that the City Council can either adopt the proposed ordinance without alteration or order an election. If an election is called,. the staff recommendation also includes two resolutions that address written arguments, rebuttal arguments and the impartial analysis of the measure for the ballot. Council Member Daigle suggested that it not be a Council Member that writes the arguments for or against the ordinance, noting that it is a citizen -led initiative. After a brief discussion, City Clerk Harkless stated that the Elections Code sets forth the priority that the City Clerk is to use when selecting which argument would be printed in the sample ballot, if multiple arguments are submitted. Motion by Mayor Pro Lem Rosansky to adopt Resolution No. 2006 -63 Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 7, 2006, for the Submission of a Proposed Ordinance; and adopt Resolution No. 2006 -64 Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 7, 2006, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code. Council Member Curry stated that the ordinance exempts significant portions of the City, which is an important factor and should be pointed out to the voters. He suggested that the ballot language be changed to add the words, "except in portions of Newport Coast ". Mayor Webb expressed his concern that it could be misleading because Newport Coast will not always be exempted. City Attorney Clausen stated that the ballot language is intended to describe the nature of the ordinance. City Clerk Harkless added that the entire text of the ordinance will be included in the sample Volume 57 - Page 741 City of Newport Beach City Council Minutes July 11, 2006 ballot Substitute motion by Council Member Curry to adopt Resolution No. 2006 -63 Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 7, 2006, for the Submission of a Proposed Ordinance, with the ballot language as modified; and adopt Resolution No. 2006 -64 Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 7, 2006, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code, with the ballot language as modified. A brief discussion followed on when the properties in Newport Coast would no longer be exempted. City Manager Bludau stated that some properties will be turned over in a couple of years, while others won't be turned over for many years. Dan Miller, The Irvine Company, stated that the Newport Coast preannexation agreement states that planning areas, or subareas, are turned over after they are fully developed. He confirmed that most areas will not be turned over for a long period of time and would, therefore, remain exempted. Council Member Selich suggested that if Newport Coast is going to be singled out, that other exempt properties should also be included in the ballot language wording. City Attorney Clauson stated that the ballot language is currently at 75 words, which is the maximum allowed, and noted that the language suggested by Council Member Curry did require some minor adjustments. Philip Arst, Greenlight spokesperson, stated that Newport Coast was exempted because it was believed that it would be illegal to include the area due to existing agreements. In response to Council Member Curry's question, Mr. Arst stated that he did not know if his property would be exempt from the ordinance. In response to City Manager Bludau's question, he stated that the intent of the initiative was to target major developments. He admitted that including residential properties was an oversight. Mr. Arst stated that the ballot language proposed by the City Attorney is confusing. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Council Member Daigle Noes: Mayor Webb, Council Member Nichols Absent: Council Member Ridgeway In regard to the arguments, City Clerk Harkless stated that the City Council can give itself the priority for writing the arguments, and explained that the authorization does not require that the City Council submit an argument. Council Member Daigle suggested that the arguments be written by citizen groups. Council Member Curry asked if there were protections in place to safeguard against people filing bogus arguments. City Clerk Harkless stated that if this occurred, it would be a matter for the courts to handle. In response to additional questions, City Clerk Harkless stated that direct arguments, for and against the ordinance, would be due on July 25, 2006, at 5:30 p.m. If rebuttals Volume 57 - Page 742 City of Newport Beach City Council Minutes July 11, 2006 are authorized, they would be due on August 4, 2006, at 5:00 p.m Motion by Mayor Webb to adopt Resolution No. 2006 -65 Directing the City Attorney to Prepare an Impartial Analysis. 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 Absent: Council Member Ridgeway Motion by Mayor Webb to adopt Resolution No. 2006 -66 Providing for the Filing of Rebuttal Arguments for City Measure(s) Submitted at Municipal Elections. 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 Absent: Council Member Ridgeway P. MOTION FOR RECONSIDERATION - None Q. ADJOURNMENT - 10:50 p.m. The agenda for the Regular Meeting was posted on July 6, 2006, at 8:00 a.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 July 7, 2006, at 3:15 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 743