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HomeMy WebLinkAbout01 - Minutes - 06-27-2006City Council Meeting July 11, 2006 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session June 27, 2006 — 3:30 p.m ROLL CALL DRAFT Present: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Absent: Council Member Nichols (Council Member Nichols arrived at 3:55 p.m.) CURRENT BUSINESS 1. CLARIFICATION. OF ITEMS ON THE.CO.NSENT CALENDAR. Council Member Ridgeway announced that he would pulling Item No. 11, Shade Structures at Bonita Canyon Sports Park, at the regular meeting for an oral report from staff. 2. STAFF TO RIORITIES FY 20-06 =07. Using a PowerPoint presentation, City Manager Bludau stated that staff priorities were first developed for the 2001 -2002 fiscal year. He displayed the staff priorities for fiscal years 2001 -2002 through 2005 -2006, and then the top ten priorities for the 2006 -2007 fiscal year. He also noted who the responsible staff members would be for each priority. The top ten priorities for the 2006 -2007 fiscal year included reaching agreement with the County on several sphere issues, completing the General Plan update process, supporting the City Council in deciding on the remaining civic center and Marina Park issues, begin issuance of Local Coastal Program (L.CP) permits, initiate and oversee the building of the Back Bay Science Center, Newport Coast Community Center and the Santa Ana Heights fire station, implement the 20 -year facilities replacement plan, hire replacements for the four retiring management team members, implement a leadership succession plan, and begin planning for the replacement of the OASIS Senior Center. City Manager Bludau noted that the first four priorities have been on the list for four years and should be completed during the 2006 -2007 fiscal year. In closing, he asked for input from the Council Members on the information provided. Council Member Nichols joined the meeting at 3:66 p.m. Council Member Curry suggested that the facilities replacement plan be for 15 years, as proposed by the Facilities Finance Review Committee. He complimented the leadership succession plan, but stated that it should also include a look at how services are delivered. Lastly, he suggested that educating the public on the Volume 67 – Page 700 City of Newport Beach Study Session Minutes June 27, 2006 City's emergency preparedness and response plan should also be a priority Council Member Selich stated that it is too optimistic to expect that LCP permits would be issued in the next fiscal year. Secondly, he stated that if the General Plan is approved in November, the process will not be complete as it will require a major rewrite of the zoning code. Council Member Ridgeway agreed with Council Member Selich that it would be optimistic to think that LCP permits would be issued in the upcoming fiscal year, but he noted that it wouldn't be due to a lack of effort on the City's part. Council Member Daigle agreed with Council Member Curry that how the City delivers its services should be looked at. She stated that it would include such matters as technological advances, how labor resources are organized and what the processes are. She also suggested that the Council Members take a stronger role in the development of the priorities in the future. Council Member Ridgeway stated that the priorities used to be developed through a more collaborative effort at an annual retreat of the Council Members and department heads, and suggested that this process be utilized again. City Manager Bludau stated that the priorities should reflect the priorities of the Council Members. Council Member Daigle suggested that the City's comprehensive traffic management plan be articulated in the staff priorities. Council Member Ridgeway agreed and stated that it would be important to educate the public on mobility and the interrelationships that are involved. Council Member Curry stated that it might be more of a strategic document that would be developed. Council Member Selich stated that people are looking for practical solutions to moving traffic, and that this is being done through the General Plan update and the Circulation Element. Council Member Nichols suggested that the City work with its neighbors to reduce the traffic bottlenecks that exist. Mayor Pro Tem Rosansky requested that the acquisition of Sunset Ridge Park be included on the priority list, as it was in 2005 -2006. Council Member Selich suggested that the priority list include improving plan check processing, as it was in a previous year. Council Member Nichols suggested that priorities also be set for open space, parks, recreation and culture. Dolores Otting suggested that the information presented by the City Manager be provided on the City's website. She also suggested that the priorities be developed with public input, and she made several recommendations on what should be included on the list. She stated that emergency preparedness should be the City's number one priority. 3. BUDGET REVIEW. Using a PowerPoint presentation, City Manager Bludau stated that ten new positions are being proposed for the 2006 -2007 fiscal year. He displayed a cost summary of the new positions and noted that the ten positions total approximately Volume 57 - Page 701 City of Newport Beach Study Session Minutes June 27, 2006 $1,003,000. He then displayed the cost of the salary, benefits, maintenance and operations, and start up costs for each position, and provided a brief summary of what the function of each position would be. The ten new positions included a Community Services Officer and a Facilities Maintenance Worker for the Police Department, an IT /Communications Coordinator and three new Paramedic/ Firefighters for the Fire Department, a Principal Civil Engineer and an Associate Civil Engineer for the Public Works Department, a new Maintenance Worker I position for General Services, and a Library Assistant for Library Services. In response to Council Member Ridgeway's question, Fire Chief Riley explained that the three Paramedic/Firefighter positions being requested are to increase the deployment on one of the City's two truck companies to four, and that it will improve the Fire Department's performance. He added that he initially requested six new Paramedic/Firefighter positions so that both truck companies would be manned with four personnel. City Manager Bludau explained that adding the three additional Paramedic/Firefighters would have meant that some of the other new positions could not have been funded, noting that the three new positions account for approximately $450,000 of the total for the ten new positions. In response to Council Member Curry's question, Fire Chief Riley explained that the new positions also enable the Fire Department to manage overtime more efficiently in compliance with the Fair Labor Standards Act (FLSA). Specifically, he stated that dual -role Paramedic/Firefighter positions qualify for the 7K exemption and increase the ability of paramedics to participate in firefighting activities. In response to Mayor Webb's question, Fire Chief Riley explained that when there is a multi- jurisdiction fire, the first arriving officer on the scene serves as the officer in command, regardless of the jurisdiction. In response to Council Member Nichols' question, Fire Chief Riley explained the difference between a ladder truck and a fire engine, and stated that the trucks provide specialty functions and support fire fighting efforts. He also noted some of the other benefits of having truck companies manned with four people when on the scene of a fire. Council Member Ridgeway noted that the long -term costs of the benefit and pension packages for the new positions also needs to be taken into consideration. Council Member Selich asked if long -term projections had been made on the number of City employees that would be needed in the future, noting that the number seems to continually grow with each budget year. City Manager Bludau explained that the steady growth is partly attributed to the community's high expectations, and that the incremental increases in job responsibilities add up over time. City Attorney Clausen added that it's also a function of new State and Federal laws and regulations that have been adopted over the past ten years that require administration and implementation by staff. City Manager Bludau referred to the budget checklist provided with the staff report for Item No. 35 on the evening meeting's agenda, 2006.07 Budget Adoption. He reported that money is available to fund all of the items on the checklist. Volume 57 - Page 702 City of Newport Beach Study Session Minutes June 27, 2006 Mayor Pro Tem Rosanky stated that he would not be supporting the $9,900 being requested for Michaels Media, noting that the Your Newport Today production is a redundant to what the City produces. Council Member Daigle asked if there should be more funding included in the budget for traffic calming. Mayor Pro Tem Rosanky reported that a comprehensive traffic plan has been developed, and that the funding included in the budget is only a start. Council Member Daigle confirmed that it will be a healthy start to an ongoing program. In response to Council Member Nichols' question, Council Member Selich explained that the funding on the checklist for Coast Highway median improvements completes landscaping on existing medians and finishes a project that was begun last year. Dolores Otting referred to the Corona del Mar pool refurbishment item included on the checklist and asked how much money the school district is providing. She also suggested that a feasibility study be done on a new pool at the Coyote Canyon landfill. Secondly, she referred to the disaster preparedness mailing on the checklist and stated that such mailings should be done more than once a year. Lastly, she questioned why a new sound wall for the Eastbluff area isn't included on the checklist. Council Member Daigle and City Manager Bludau reported that the school district has confirmed that they will pledge $300,000, if the parents group can come before the school district and adequately report on their fundraising efforts. Mayor Pro Tem Rosansky clarified that the City's pledge is for 29% of the project total, up to the $290,000 included on the budget checklist. Peggy Fort, speaking on behalf of the Newport Beach Restaurant Association (NBRA), referred to the $20,000 on the budget checklist allocated for the First Annual Newport Beach Restaurant Week, scheduled for January 21 - 25, 2007. She thanked the City Council for its support of the restaurant industry in Newport Beach and stated that the positive initial response by the City of $50,000 to help launch the first year of the event was encouraging. Ms. Fort provided additional information on the event and the contributions of the industry to the community, and stated that the event's proposed budget is $165,000. She reported that the $50,000 from the City is needed in order for the event to take place, and noted that the NBRA would be contributing $25,000, which is 25% of its 2006 -07 budget. She further noted that the NBRA is also working with the Conference & Visitors Bureau (CVB) on a promotion with American Express. In response to questions by the Council Members, Ms. Fort clarified that the $30,000 contribution from the CVB is separate from the seed money being requested from the City and is for a specific regional market, hospitality, and tourism industry campaign. Some of the Council Members questioned the amount of money being requested from the City. City Manager Bludau added that the City approached the CVB about providing seed money for the event, not knowing that the NBRA would also be working with them separately. It was intended that the City and the CVB would jointly be contributing $50,000. Ms. Fort reported that in 2005, the Newport Beach restaurant industry contributed approximately $4.4 million to the City in sales tax, which accounted Volume 57 - Page 703 City of Newport Beach Study Session Minutes June 27, 2006 for 18.8% of all of the sales tax generated in the City. Council Member Ridgeway suggested that the funding by the City be increased from $20,000 to $30,000, and expressed his hope that it would be appreciated by the NBRA. Ms. Fort stated that it's not a matter of the NBRA being appreciative, but a matter of there being enough money for the event to take place at the level desired. Ms. Fort added that once the NBRA receives confirmation from the City on its contribution, it is planning to seek additional contributions through corporate sponsorships. There was also concern expressed by the Council Members that the individual restaurants and the NBRA aren't making a greater contribution to the event. Ms. Fort explained that for the first year of the event, it was desired to keep the contributions by the individual restaurants at a minimum. Council Member Curry expressed his support for the event and the City contribution of $50,000. Mayor Pro Tem Rosansky expressed his support for the full contribution as well. Sheri Drewry, Wilma's Patio, stated that she is the Vice President of the NBRA and she also asked for the City Council's support of the event. 4. WATER QUALITY GRANT SUMMARY. Using a PowerPoint presentation, Assistant City Manager Kiff displayed a list of water quality and water quality - related project grants that have either been received or applied for by the City. He read from the list and provided clarifications where requested by the Council Members. The chart included the status of each grant and the scope of work for each project. At the suggestion of Council Member Nichols, he stated that he would add a column for annual maintenance costs and noted that the chart is still being developed. Council Member Daigle complimented the City's effort in applying for grants and noted the grant total of nearly $37 million. Assistant City Manager Kiff stated that the Upper Newport Bay Ecosystem Restoration (Dredging) Project accounts for over $14 million of the total and involves many partners. Assistant City Manager Kiff also displayed an aerial photo showing where each of the projects is located. Council Member Rosansky requested that the duration of the City's commitment and the total commitment of each project also be included on the chart. Council Member Curry acknowledged that the City has used approximately $1.5 million to leverage approximately $35 million in grant funds over a three to four - year period, and stated that it's an outstanding effort. Dennis Baker thanked Assistant City Manager Kiff and the City Manager's office for their efforts involving the grants. PUBLIC COMMENTS -None ADJOURNMENT - at 5:55 p.m. Volume 57 - Page 704 City of Newport Beach Study Session Minutes June 27, 2006 The agenda for the Study Session was posted on June 21, 2006, at 3:25 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 705 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting June 27, 2006 — 7:00 p.m. STUDY SESSION - 3:30 p.m CLOSED_ .SESSION - 5:55 p.m A. RECESSED AND. RECONVENED-AT, 7:00 B. ROLL CALL Present: Council Member Curry, Council Mem elic ayor Pro Tem Ros ky, Mayor Webb, Council Member Ridgeway, Counc er Daigle, Council Memb - ichols C. CLOSED_SESSION REPORT City Attorney Clauson reported that ave authori ion for the City to join in litigation with other cities and counties to hale ry. a decisio made about State mandated reimbursements. D. PLEDGE.OF ALL GIANCE - Council Member CuriyW E. INVOCATI '- Reveiend Peter DIaynes, Saint Michaels & All Angels Episcopal Church R IF Rte= s."ze. F. P TIO Ni .- .. Proclamati for Retiring AYSO ommissioner - Recreation and Senior Services Director Knight revie d Maa"maraz's accomplishments and Mayor Webb presented him with a proclamation. Okazaki Exciange Students - Connie Skibba, President of the Newport Beach Sister Cities ssociation, Discussed the student exchange program. The seven students and two chaperones krroduced,Aemselves and what they hope to accomplish during the trip. Cei&miial School District Committee Recognition - Centennial School District Committee Chair, Tom Anderson, recognized the Committee members in attendance and reported on their activities for the year. He presented Council with the coloring book. He stated that Roger Folk will be signing the coloring book on July 24 from 11:30 a.m. to 1:30 p.m. at the Central Library. Mayor Webb presented the Committee members with a certificate. Boy Scouts of America Sea Scout Proclamation - Continued to the July 11, 2006 Council meeting. G. NOTICE TO THE PUBLIC H. CITY. COUNCIL. ANNOUNCEMENTS OR .MATTERS. WHICH COUNCIL MEMBERS Volume 57 - Page 706 City of Newport Beach City Council Minutes June 27, 2006 WOULD_LIKE.PLACED. ON_A_FUTURE AGENDA FOR DISCUSSION,_ACTION_OR REPORMLKPK- DISCUSSION ITEM): Council Member Daigle requested that the Ad Hoc Committee on Legislative Advocacy consider sponsoring State legislation regarding regulating residential care facilities that have six or less occupants and the concentration of the facilities. She also requested that the Committee consider forming a coalition with other impacted cities where these residential care facilities are proliferating. She reported that the City currently has 20 facilities and 17 more are currently being planned. Council Member Selich requested a future agenda item to update the Quim Council Member Curry requested that a Charter amendment regar Al eminent domain be placed on the November ballot since the State did not adopt legisl�}dYi re : ing this issue. Mayor Webb announced that, last Wednesday, the Transport'a'tion Corridor A " nties celebrated its 20th birthday and presented the City with a plaque? °He also announced tti8t he attended the Fire Department's promotional pinning ceremony; Today fq 6 individuals. 1 Mayor Webb reported that the first Concerts in thank was held last Sunday and °reviewed the schedule for the summer. f. ' Mayor Webb announced that there afeU days until the .Qity's 100th Birthday and provided Centennial moments. k Mayor Webb reminded the public that,.there will ;yehicle trictions on Balboa Boulevard starting at noon on July 4. d }' as �r City Managerludau Announced that the City has sponsored a fireworks display at the Newport Dunds and stated that it will laBt longer in order to celebrate the City's Centennial. I. CONSENT,CA%NW r ,.,I _ �EADINrr'' MINUTES/ORDIiVA�VCES AND RESOLUTIONS 1. MINES OTHE ADJOURNED REGULAR AND REGULAR MEETING OF JUNE k 3, 2006 `'j100 -2006/ Waive reading of subject minutes, approve as written and order filed. OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all and resolutions under consideration, and direct City Clerk to read by title 3. CABLE TELEVISION: ORDINANCE ADOPTING A FRANCHISE AGREEMENT WITH COX COMMUNICATIONS. [421100 -20061 Continued to a future City Council meeting. ORDINANCES FOR_ADOPTION 4. MULTIPLE VESSEL MOORING SYSTEM PILOT PROGRAM. [100 -20061 Adopt Ordinance No. 2006 -15 related to Moorings. Volume 67 - Page 707 City of Newport Beach City Council Minutes June 27, 2006 5. CODE AMENDMENT NO. 2006 -004 (PA2006 -078) - AMENDMENT TO CHAPTER 20.65 (HEIGHT LIMITS) TO ADD AN EXCEPTION FOR LIGHT STANDARDS TO EXCEED HEIGHT LIMITS SUBJECT TO THE REVIEW AND APPROVAL OF A USE PERMIT. [100 -2006] Adopt Ordinance No. 2006.16 approving Code Amendment 2006 -004. RESOLUTTONS.FOR ADOPTION 6. MEASURE M SEVEN YEAR CIP. [100 -2006] 1) Adopt the Seven -Year Capital Improvement Program; 2) adopt Resolution No. 2006 -47 affirming 10t the City's Circulation Element does not preclude implementation of the regionarmaster Plan of Arterial Highways; and 3) direct staff to submit the adopted pital Improvement Program, Maintenance of Effort certification, to the Oran unty Transportation Authority to satisfy the eligibility provisions for sure and Congestion Management Programs. GENERAL MUNICIPAL ELECTION - N9VEMB R 7, 2006: PTION OF RESOLUTIONS CALLING THE ELEC N AND R UESTING CONSOLIDATION WITH THE T_ DE GENERAL - ECTION (CANDIDATES ONLY). [391100 -20061 A the following resolutions p ining to the General Municipal Election scheduled for`. esday, November 7, 2006 pursuant to Section 1000 of the City Cha : a) adopt Res tion No. 2006 -48 Calling and Giving Notice of the Holding of a Gen nicipal Else to be Held on Tuesday, November 7, 2006, for the Election of Me her he City Co cil as Required by the Provisions of the City Charter; b) adoj Supervisors of the County of O Held on Tu November 7, the Sa Date 'Pursuant to Res ion No.12006 -50 AdoF Pertai g to ndidates State on TuesW , er 7, 2006. sold ft . No. 21r 49 Requesting the Board of r to CBns e a neral Municipal Election to be Pith the Stavide General Election to be Held on on 10403 of the Elections Code; and c) adopt Regulations for Candidates for Elective Office Submitted to the Voters at an Election to be held AWED O \andset - EXCLTiSiVE SOLID WASTE COLLECTION FRANCHISE TO NE _ RST DEMOLITION. [441100 -2006] 1) Adopt Resolution of Intention No. 2 6 -5ward a Non - exclusive Solid Waste Franchise to Newport Coast Demo ion the public hearing for July 25, 2006; and 2) introduce Ordinance No. 2b06 -17 granting a Non - exclusive Solid Waste Franchise to Newport Coast Demottion and pass to second reading on July 25, 2006. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO INTERIOR REMOVAL SPECIALIST, INC. [441100 -20061 1) Adopt Resolution of Intention No. 2006 -44 to award a Non - exclusive Solid Waste Franchise to Interior Removal Specialist, Inc. and to set the public hearing for July 25, 2006; and 2) introduce Ordinance No. 2006 -18 granting a Non - exclusive Solid Waste Franchise to Interior Removal Specialist, Inc. and pass to second reading on July 25, 2006. 10. CABLE TELEVISION: ADOPTION OF RESOLUTION, MEMORANDUM OF UNDERSTANDING, SETTLEMENT AND MUTUAL RELEASE AGREEMENT AND CONSENT TO TRANSFER AGREEMENT RELATING TO TIME WARNER AND ADELPHIA. [421100 -20061 1) Adopt Resolution No. 2006 -59 consenting to a transfer of a franchise for cable television from Adelphia to Time Warner; and 2) authorize the Mayor or the City Manager to execute any documents relating to the Volume 57 - Page 708 City of Newport Beach City Council Minutes June 27, 2006 transfer, including but not limited to a Memorandum of Understanding, a Settlement and Mutual Release Agreement, and a Consent to Transfer Agreement. CONTRA TS AND AGREEMENTS 12. AMENDMENT #1 TO A COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF TOTAL MAXIMUM DAILY LOADS (TMDLs) IN NEWPORT BAY (C- 3621). [381100 -2006] Authorize the Mayor to sign and execute Amendment #1 to the 2003 Cooperative Agreement to fund Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) Studies & Programs i the Newport Bay Watershed. 13. MONITORING STATIONS INSTALLATION - APPROVALF PROFESSIONAL SERVICES AGREEMENT WITH GEOMATRIX i$' - 85% [38100 -20061 1) Approve a Professional Services Agreement with Geomatrix of New t Beach for water quality monitoring services at a contract price of�62,946.50 and au orize the Mayor and City Clerk to execute the Agreement; and 2)"approye a budget am6#dment (06BA- 079) authorizing a transfer of $62,946. '''from Account 7014- C510015 (Morning Canyon Stabilization Project) to Acc 70 $=05100851 (NCWS: 14, ellaneous Watershed Activities). w,'jf: 14. JAMBOREE ROAD REHA ILITATION FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD - AWARDS = =' ONTRACT' "(G- 3826). [381100 -2006] 1) Approve the plans and specifications; 2) ' wa a contract (G -3826) to All American Asphalt for the total bid price of $1,061,061) and aut a the Mayor and the City Clerk to execute the contract 3) establish an amount of to cover the cost of unforeseen work; and 4) appr#V4 a budget am dme�(06BA -082) appropriating $400,000 from the AHRP fund`balalice to Account ''1285- C5100832 and $781,061 from the Measure M Turnback fund valance to Accoi it No. 7281- C5100832. 15. COASV',-,HIGHWAY CHANNELIZATION- CORONA DEL MAR - COMPLETION AND ACOOT NOE OF C014.�TRACT (C- 3558). [381100 -20061 1) Accept the work; 2) ;uthorizeithe City Cle{kl -W ile a Notice of Completion; 3) authorize the City Clerk to release the %or and Materials bond 35 days after the Notice of Completion has been recorded in ac : rdance with applicable portions of the Civil Code; and 4) release the Faithful Perform"i 0 ince Perform" Bond one (1) year after Council acceptance. 16. MORNING CANYON STABILIZATION - COMPLETION AND ACCEPTANCE 4p,, OF .CONTRACT (C- 3517). [381100 -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. 17. GEOTECHNICAL AND MATERIALS TESTING AND EVALUATION, INSPECTION AND CONSTRUCTION MANAGEMENT, AND LANDSCAPE DESIGN SERVICES - APPROVAL OF ON -CALL PROFESSIONAL SERVICES AGREEMENTS (C- 3854). [381100 -20061 1) Approve Professional Services Agreements with Arroyo Geotechnical and LaBelle Marvin Inc. for on -call geotechnical and materials testing and evaluation services and authorize the Mayor and City Clerk to execute the Agreements; 2) approve a Professional Services Agreement with WEC Corporation for on -call inspection and construction management services and authorize the Mayor and City Clerk to execute the Agreements; and 3) approve Professional Volume 57 - Page 709 City of Newport Beach City Council Minutes June 27, 2006 Services Agreements with TCLA, Inc. and David Volz Design for on -call landscape design services and authorize the Mayor and the City Clerk to execute the Agreement. 18. LEGAL ADVERTISING BID FOR FISCAL YEAR 2006 -2007. [32/100- 2006] Accept the bid of the Daily Pilot and authorize a purchase order for the one -year period of fiscal year 2006 -2007. 19. 2005 -2006 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF CONTRACT (C- 3800). [381100 -20061 1) Approve the plans and specifications; and 2) award the contract (C -3800) to Pavement Coatings Company for the total bid pri. , of $471,946 and authorize the Mayor and the City Clerk to execute the contract. MISCELLANEOUS 20. DOVER DRIVE, NORTH OF CLIFF DRIVE EWAL r._ MITIGATED NEGATIVE DECLARATION (C-3652). [381100 - 6J Adopt Reso ration No. 2006 -54 approving the Mitigated Negative Declaration ) f9F Dover Drive Sidewalk Project. 21. PURCHASE OF A SIX -POST MOBIL OIST STEM FOR THE EQUIPMENT MAINTENANCE DIVISION. [100 -200 pprove the purchase ofd six-post, 90,000 pound capacity mobile lifting sy and accessories from Automotive Resources, Inc. at a cost of $6 = 28.96; and 2) a rove a budget amendment (06BA -080) to transfer $60,228.96 from propriated rnal Service Fund reserves into Account 6110 -9200 to fund theur 22. SHORELINE OBSERVATION SYS (SOS} [100 -20061 1) Approve the purchase and ' tallation of the New t Bea ore line Observation System (SOS); and 2) app `ve tk sole source p u se of camera and ancillary equipment from ISMS Inc., Shakespeare Composite S ctures Mfg., and Pro 911 Systems. 23. BUDGET ENDMENT IOFOR SIGNATURE VERIFICATION. [100 - 2006J App %rdvb b4 et amen tent (06BA -078) from General Fund Unappropriated f Bald;Rce, 010 3605 ty e mount of $51,653 to Election Services, 0220 -8080, to mss, �{{ pay the cost the County o Orange Registrar of Voters to verify the signatures on the Debt %itiativ d the Greenlight II initiative petitions. 27. SOBER LIVIN BY THE SEA - USE PERMIT NO. 2005 -031, OFFSITE PARKING AGREEMENT NO. 2005 -005 (C- 3836), MODIFICATION PERMIT NO. 2005 =133 - 2811 VILLA WAY (PA 2005 -136) (contd. from 4111106 and 5123106). 9e. [38/100 -2006] Continue to August 22, 2006. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY 2005/2006 EXPENDITURE ACCOUNTS. [100 -2006] Approve a budget amendment (06BA -081) to increase revenue estimates by $11,000 in Account No. 4090 -5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation). Motion_ by Moor Pro. Tem Rosansky to approve the Consent Calendar, except for the items removed (11, 24, 25 & 26); and noting the continuance of Item 3. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Volume 57 - Page 710 City of Newport Beach City Council Minutes June 27, 2006 Council Member Ridgeway, Council Member Daigle, Council Member Nichols J. ITEMS REMOVED_FROM THE CONSENT. CALENDAR 11. CONTRACT FOR PURCHASE AND INSTALLATION OF SHADE STRUCTURES AT BONITA CANYON SPORTS PARK (C -3849) (cont. from 6/13/06). [381100 -20061 Recreation and Senior Services Director Knight reported that the shade structures will service the ball field bleachers and the picnic areas, and explained w the Parks, Beaches, and Recreation Commission did not favor the plan. Discussion ensued amongst Council relative to whether th ade structures were necessary. M otion—hYS ouncil _MemberDaigle to approv�.he contract United Sports Surfacing of America for the purchase and ins Ptio of shade strutt tires at Bonita Canyon Sports Park in the amount of $58,70 Emery Mullner, Newport Beach Little Lea p in support of the shade,§tructures. The motion carried by the following roll call vo Ayes: Council Member Curry cil Member lich, Mayor Pro Tem Rosansky, Mayor Webb, Council )Iem b -dgeway uncil Member Daigle, Council Member Nichols ; 24. CERTIFICATION OF THE PET)tTdON EN T3 ED "VOTER APPROVAL FOR MAJOR.,DEVELOPMENTS 6VAR "AS BUILT CONDITION" OF CITY". [391100- Phil Aral Gr i i��lit�� spokesperson, questioned the need for the 30 day delay in order to the iat f6 hoe he believed that this would delay the process. t. John elson' ressed his opposition to the Greenlight II initiative. City rney C' son confirmed that the petition is being certified tonight, she has 30 days t : come back'to Council with a report, and this is enough time for Council to place the initiative on the November ballot. M. on_by Council Member Ri�ay_ to 1) approve the certification of the petition �� Vi "Voter Approval for Major Developments Over "As Built" Condition of City" )'rom the Registrar of Voters, County of Orange, as presented by the City Clerk; and 2) direct staff to report back to Council on or before Tuesday, July 25, 2006 with the impacts of the initiative on municipal operations pursuant to Council action taken on January 24, 2006 and with the necessary actions required by Election Code Section 9215. 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 Volume 57 - Page 711 City of Newport Beach City Council Minutes June 27, 2006 K. 25. NEWPORT ISLAND CHANNELS OLOID PROJECT - CEQA DETERMINATION (C- 3730). [381100 -20061 Jim Hilliard, representing the Newport Island Board of Directors, thanked Council and staff for working with them and listening to their concerns. Motion by Mayor_Pro Tern Rosansky to abandon the project indefinitely. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro m Rosansky, Mayor Webb, Council Member Ridgeway, Council Mem Daigle, Council Member Nichols 26. ACCEPTANCE OF ADDITIONAL URBAN AR SECU INITIATIVE FUNDING TO ENHANCE THE IMPLEMENTAT 0b THE ILJ COPLINK DATA SHARING PROJECT. [100 -20061 In response to Council Member Nichols' stions 1'ol�ice Chief McDon\int ined the purpose of the COPLINK Data Sharing Pr ' tjoil which entities sharation. Motion by Council_Member Nichols to 1) o behalf of the Integrated Law & Justice Agency of Orange County Q �C), accept for ciministrative purposes, Urban Area Security Initiative funding in the iintount of $1,00 ' 00 from the cities of Anaheim and Santa Ana (Grant Administra rs) fo �, urpose o : nhancing the implementation of the COPLINK Data Sharingroject; at autho the Administrative Services Director to pla the funds the ap ropn8l reve ue and expenditure accounts consistent "s action � r a "' The,, tion carlfed by the following roll call vote: �y Ayes: Coin - ber Curry Council Member Selich, Mayor Pro Tem Rosansky, ,, e" May... ... We , * l Member Ridgeway, Council Member Daigle, Council ,r Webb noted th a mal y of the audience is in attendance for a portion of Item 33 (General Update) that rel 'es to re it ng R -2 to R -1 in the West Newport and Peninsula areas. Without Lion, he recommended that this portion of the item be taken out of order. PLAN UPDATE: LAND USE, CIRCULATION AND HOUSING . [681100 -20061 Motion by Council Membe.r_Rdgeway to not change the current residential land use designations in the West Newport and Peninsula areas. Mayor Webb opened the public hearing. Council Member Ridgeway explained that the intent of the proposed rezoning was to try to create owner - occupied units. George Shroeder stated that the property owners appreciate Council's motion and the respect of their property rights. He noted that the property owners also want to improve the area and would support more code enforcement and higher fines to make Volume 57 - Page 712 City of Newport Beach City Council Minutes June 27, 2006 properties compliant. Ed Vandenbossehe pointed out that it is the property owners that call the police on the renters. He stated that he lives there and relies on this source of income. Mayor Webb closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro T Rosansky, Mayor Webb, Council Member Ridgeway, Council Member gIs, Council Member Nichols O. CONTINUED BUSINESS 37. COUNCIL BUILDING COMMITTEE RECOMMENDATION REGARDING CITY HALL PROJECT PLANNING ISSUES. _fl" 00 -20061 Motion by Mayor Webb to consider Iteme'; order and continue this item in order fur`s opinions and presentations relative to using Substitute motion_by.Ma; Review Committee and have further action by the City Co ,,Hall Project Planning' ues) out of assion to be held so G ud can hear site for the City Hall site. , to reconvene the City Hall Site proposed site and plan prior to Mayor Pro Tem Rosansky statW that the= CbuAmittee `should operate under the same guidelines wheiAt reviewed the other sites, thei'efbre, a presentation by Mr. Ficker to the Coq}nittee affii providing tAi with the proposal is not necessary. He added that the Gfmmittee would not be critiquing the existing building at the proposed site and that the site should never have leen taken off the table for evaulation. oyncil ginbe' "� ay expressed the opinion that the Committee would recmmend t�}e site. He p out that construction costs are rising and Council has a fidCCary d%y to its citizens to move forward. He believed that the site plan and locatidT} should ^iie analyzed by the Building Ad Hoc Committee. He believed that this she di' e done i iin g the regular meeting, not study session. He added that the social and economic impacts to the Peninsula need to analyzed b y staff if City Hall is moved. He believed that the City would be going back on its word to the community if it did ,Cbuncil Member Curry believed that, even though he is skeptical of the site, Council needs to look at the proposal, compare it to the existing City Hall, and receive answers to many questions about the proposed site. He explained why the Daily Pilot's term "free site" is inaccurate. Council Member Nichols expressed support for having Mr. Ficker present his proposal to Council. He noted that the site can be rezoned. Council Member Selich agreed that the site doesn't need to be sent back to the Committee because they would conclude that the site is valid. However, he emphasized that this is a policy matter of whether the City wants to trade parkland for a central location for City Hall. Mayor Pro Tem Rosansky withdrew his motion, but recommended not limiting the Volume 57 - Page 713 City of Newport Beach City Council Minutes June 27, 2006 presentation to only Mr. Ficker's proposal. Substitute _motion by_ Cpuncil..Member Curry to direct staff to provide a staff report at the July 25 meeting that evaluates the impact of the loss of parkland, the access and traffic issues, and the efficacy of the proposed design; discusses the history behind how the land became a park; and evaulates the property value of the existing site. Council Member Daigle noted that this is now a different process than what has been followed and emphasized that the parties of the Circulation Improve fit and Open Space Agreement ( CIOSA) need to also be consulted since this is dedi ed open space. Mayor Webb agreed that Mr. Ficker should be allowed to goolkin his proposal, but suggested that this be done during the study session. also \ofCorona t anyone should be allowed to make a presentation to Council. Debra Allen, Parks, Beaches and Recreation missioner, provil with a handout of the plans for the park and rXdonand t of a sury del Mar Residents Association. She believ decision shoulduring a regular meeting and that this is a polic provided a hisite and discussed the issues associated with ththe concern for losing the current donor money. She believed t if Couo keep it as a park, the City should provide funding to develop it. John Nelson, City Hall Site review the site because the a new City nd expre move forward. Bermb" Svalsted urged Council has be&,go'„ . n since 1996 mueen e d that w Co ttee, beli d that the Committee shouldn't is ulti unci He stated that the City needs one about rising costs. He urged Council to stop procrastinating. He noted that the park issue d provided a history of the parksite and the CIOSA taff should be directed to look at the costs and oposed site and look into leasing the Corporate Plaza with the option to buy. Jeffries , that he contacted a Cal Tech graduate and discussed the nental p ;blems that may occur at the existing City Hall site. He believed that should disqualify the existing site pending an independent geotechnical study. Ile Kuehn noted that she was an advocate for making the site above the Central iry a park; however, she could make a different choice. She agreed that a new City is needed. Barry Allen reminded Council that the proposed site was already approved to become a park and that this is being considered because the Daily Pilot created a controversy. He asked why Council would consider taking away parkland rather than condemn The Irvine Company's office building for the new City Hall. Nancy Gardner emphasized that the proposed site has already been declared a park and noted that the General Plan states that open space needs to be replaced if it is taken away. Bruce Naught stated that this area is being discussed because it's the center of the City and suggested having a third party conduct a feasibility study on the proposed site. He Volume 57 - Page 714 City of Newport Beach City Council Minutes June 27, 2006 believed that the existing City Hall site is a good location for a park. Bill Ficker recommended that Council allow him to do a presentation at a Council meeting. He discussed some of the advantages of his proposal, noted that his plan tries to preserve as much of the parkland as possible for a natural park, and suggested converting the current site to an urban area with open space. Allan Beek noted that the proposed building plan is not relevant to site selection, the City has the power of eminent domain, Mr. Ficker's remarks about the efficiencies of City Hall have been neglected, and no city has made a policy to sell parkland to make money. He believed that the City shouldn't sell the existing prrperty to build residential units, but should build the park on it instead.'` x Jan Vandersloot noted that he has been involved with t} 'park "'iBSUe since 1992 and asked that Council abide by the CIOSA agreement- a stated;( at development agreements are immune from challenges and refe fidums, and believed that the City needs to provide a comparative view property ' the park is taken away He believed that a geotechnical study needs to be cond0fsted on tl}eproposed site. Mayor Webb asked that Council consider h&WMr. Ficker make a presentation at the July 11 study session. Amended substitute motio .by. Council er_Curry to include allowing Mr. Ficker to make a presentation &t th.uly 11 studsion. Council Member Selich believed that the pcl issue atrading a central location for a dedicated park site needs to be answered first believed that the location was not considered for" a'reason and poijntg&out that the park already has plans and funding. He reviewed his' point system=_which concluded that the current site is a superior location, over the park site. bstitut -sno ton CounciiMember.Selich to 1) based on the site assessment s from,Ohe citizen C'itylhuite Review Committee, and the written response from The :. 'ne (Jompany, affirm "that the location of the new city hall and associated civic cente 'will be on the current site; and 2) approve $25,000 for entering into a contract with a�.. -uew architectural firm to provide three (3) alternative exterior design concepts based bh the existing floor plan. Member Curry stated that he shares Council Member Selich's concern about parkland, but believed that Council should take the extra 30 days and allow the I to be aired so people can judge for themselves and Council can make a Mayor Pro Tem Rosansky pointed out that there has been no discussion on the second part of the motion. Substituteto the substitute, _motion by Counc_i_l.Member Selich to 1) based on the site assessment study from the citizen City Hall Site Review Committee, and the written response from The Irvine Company, affirm that the location of the new city hall and associated civic center will be on the current site. The motion failed by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Council Member Ridgeway Volume 57 - Page 715 City of Newport Beach City Council Minutes June 27, 2006 Noes: Council Member Curry, Mayor Webb, Council Member Daigle, Council Member Nichols City Attorney Clauson suggest that a study session be conducted on July 11 to discuss the alternative site and receive presentations from Mr. Ficker and the Parks, Beaches and Recreation Commission. She indicated that staff can provide preliminary information on what would be required to build the City Hall on the site. Further, on July 25, Council can decide whether to accept the site with a policy decision to trade the park site for the City Hall site. It City Manager Bludau expressed concern about the timeline to get t ext agenda out and that having a month would be more realistic. He reporte at Council directed the City Hall Site Review Committee to not look at an that would involve condemnation and that the proposed site was the only ey a not permitted to review. He received confirmation that staff can�o with th uilding Ad Hoc Committee to generate the report. Amendment, to the amended motion Coun ' Ie_mber.. Curry t6 ntinue this issue to the July 25 Council meeting, wi' to inging back a report t discusses the park structure, the history of its N" ation as a park, the legal h tory of it becoming a park, the access and traffic issues; a parking issues, the efficacy of using the park as a City Hall, th lue and fiscal alysis of the existing site, and the limitations of selling the c ;and, at t July 11 study session, have open discussion about the alternati s site 'ni. have it i ` ude presentations by Mr. Ficker relative to his proposal and the'Parks, BeiChes and eation Commission relative to the proposed park. Ry The motid cari ld by the folloi#1* %ll call vote: Ayeskncil Member Curry, ,Council Member Selich, Mayor Pro Tem Rosansky, or ebb Council Member Ridgeway, Council Member Daigle, Council 6 ,sS "+ Me1riichots t urt. PUBLL.C_H� `_INC: (Continued) Motion )ry___ uncil M�n her Curry to consider the Business Improvement District items (Items 29, 30, & 32) af`the same time. 29. CNA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: C UCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL Q THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2006 - �s, 2007. [100 -20061 30. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2006- 2007. [100 -20061 31. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION OF CONFIRMATION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2007. [100 -20061 Volume 57 - Page 716 City of Newport Beach City Council Minutes June 27, 2006 32. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION OF CONFIRMATION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2006 -2007. [100 -2006] Assistant City Manager Wood reported that the City has not received protests for any of the Business Improvement Districts. Mayor Webb opened the public hearing. Hearing no testimony, he hearing. Motion by Council Me_mber_Ridgeway to (Item 29) adopt confirming the levy of the Corona del Mar Business Improve,�[[ for the 2006 -2007 fiscal year since the protests represen I es total assessment amount; (Item 30) adopt Resolution,Flo�006 -! the Marine Avenue Business Improvement year since the protests represented less amount; (Item 31) adopt Resolution No. 2$ Association Business Improvement DistY since the protests represented less than 50 (Item 32) adopt Resolution No. 2006 -58 Business Improvement Distrassessmei protests represented less than60rcent of the The motion carried by the follocping roll Ayes: Mayor Webb rece 35. :r Curry, Council at 9:40 (Continued) t for tl of the the public tion No. 2006 -55 strict assessment 50 percent of the rming the levy of 2006 -2007 fiscal Aa assessment 9ffiming the levy of ti$ staurant ment for the 2006- 2007cal year of the total assessment aount; and ng the levy of the Balboa Village ie 2006 -2007 fiscal year since the lassessment amount; Member't.Selich, Mayor Pro Tem Rosansky, Ridgeway, Council Member Daigle, Council and reconvened the meeting at 9:55 p.m 35 (Budget Adoption) be taken out of order. ADOPTION. [100 -20061 City Manager Bludau reported that the proposed operating budget is $164.8 million andAhe Capital Improvement Program budget is $41.1 million. He noted that four a,t dy sessions to review the budget and checklist items were held. Council Member Ridgeway expressed support for the $80,000 budget item for the OASIS Senior Center conceptual plans. Following discussion, it was the consensus of Council to provide $50,000 of funding to the Restaurant Association for the First Annual Newport Beach Restaurant Week, and $9,900 of funding to Michaels Media for the production of Your Newport Today. Mayor Webb noted that he supports providing funding for the Conference for Women, as long as "Newport Beach" is included in the conference title. Motion by Council Member Ridgeway to adopt Resolution No. 2006 -59, approving the City's 2006 -07 Budget, as amended by the approved budget checklist items. Volume 57 - Page 717 City of Newport Beach City Council Minutes June 27, 2006 Bill Shaver, Friends of OASIS, discussed the condition of the Senior Center and expressed appreciation for the budget allocation; however, he noted that Ed Romeo's previous estimate was $129,000. City Manager Bludau indicated that he talked with Mr. Romeo who deleted some funding items. He noted that Public Works Director Badum believed that $80,000 was sufficient, but pointed out that Council will be approving the architect and can ask for more money at that time if needed. Shari Drewry, Restaurant Association representative, thanked Council for the funding for Restaurant Week. Don Krotee, President of the Newport Heights Improvemen ssociation, thanked Council for funding the traffic calming measures for the cc ies of Cliff Haven and Newport Heights. He requested that some of the to . ' rary m urea be put into place so the community can provide feedback. Cowl Member Dai reported that the Council Member for this district will be ma kit g an ongoing comlintment to this program. The motion carried by the following roll call . t Ayes: Council Member Curry, Council Memb Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council her Ridgeway Council Member Daigle, Council Member Nichols �ry: Z K PUBLIC HEARING (Continued) 33. GENERAL USE, 'CIRCULATION AND HOUSING L" ana Woo"'`t9 8i§�ssed thTransfer of Development Rights Policy and reviewed the nin ommission`s'' in endations. She reported that the approval process is notnalize the General Plan, but would occur during the zoning process to implem t the eral Plan. She noted that a General Plan Amendment would not be requirewith thi olicy, as long as the project stays within the development hmit set by the general Plan and stays in the same statistical area Member Ridgeway reported that he has a conflict in interest and left the dais. Assistant City Manager Wood referenced and discussed proposed Policy LU 6.15.5 relative to the Campus Tract. Without objection, Council Member Daigle requested that a requirement be added to this section that allows for discretionary review by the Planning Commission for automobile uses, even though aesthetic concerns are discussed in LU 6.15.8. Council Member Curry expressed concern that the policy may have a discriminatory effect on the Saunders property and requested that Council continue this policy in order to receive their input. Assistant City Manager Wood indicated that they have not lieard from the property owner and the public hearing is open until Council closes it and takes action on the General Plan. She emphasized that additional changes at this Volume 57 - Page 718 City of Newport Beach City Council Minutes June 27, 2006 point impacts the analysis that has already been conducted relative to Charter Section 423 and that time may run out to put this on the November ballot. She indicated that, if the Saunders property were used for mixed use residential development, trips would only be reduced if it was developed at a density that would eliminate enough of the existing uses. Assistant City Manager Wood confirmed that Council made a determination relative to the 65 Community Noise Equivalency Level (CNEL) line. Council Member Selich pointed out that there's a limited number of residential opportunities avail ble and that the City should concentrate having them in more desirable areas. He refeenced LU 11 and believed that the Campus strip should not have mixed use acrossCom John Wayne Airport (JWA). He agreed that this was discussed previously aa(ll at he is not in favor of reversing that decision. Mayor Webb noted that residQttialuse has never been w allowed in this tract and the issue was discussed a fe3,cnths a�q,and approved by Council. ._ In response to Council questions, Assistant are permitted in the airport area unde corrected to reflect this. She indicated th impacts hotels. She reported that, in an e Airport Land Use Commission's comments residential units and the land'i" a were reds having residential units is to Igve �"' ' ential It was the consensus of Council`to not inc d1 allow hotels in the AO zoning. j. Mand ,ge r Wood confir&bd that hotels lining, but she will have the map s not sure whether the 65 DNEL line to reduce trips and comply with the at the noise contour, the number of the emphasized that the idea behind ig'" and smart growth. outside the 65 CNEL line, but Assistant Uity Manager Wood! imdicated that policies were generated to respond to ,n Airport Land Use Commission =comments about becoming a consistent agency. She indicated that�the Planning Coptmission made changes relative to the noise contour that were for clarification and .not substantive. Council Member Daigle noted that "oonsisteni,agency and 'egpforming agency" hasn't been defined and expressed concern abou£,what happens if they` "change the 65 CNEL line. City Manager Bludau reported that Allen Mihy of JWA will provide definitions and told him that they are willing to stipula`e that t1te;.reference line is the line that exists today. Assistant City Manager Wood reported that the Planning Commission requested that Policy LU 6.15.2 repeat that residential units will not be allowed within the 65 CNEL iAssistant City Manager Wood reviewed Policies LU 6.15.11 and LU 6.15.16 which deal with the Koll and Conexant properties. She further explained why the properties are special cases and reported that she is working with the property owners and ROMA Design Group so a staff report can be presented to the Planning Commission on July 6. Regarding the World Premier Investments site, Assistant City Manager Wood reported that the Planning Commission indicated that they would evaluate a policy that allows the City to count a portion of an adjacent, joint use site towards the five acres that are required for the first phase of a village. She added that the proposal is to have a minimum 10 acres in order to have a village and that a plan will also need to be provided in order to qualify for the first phase. She clarified that the policy would not be specific to this site. Volume 57 - Page 719 City of Newport Beach City Council Minutes June 27, 2006 Council Member Daigle expressed support for the Koll and Conexant policies and taking a look at the World Premier Investments proposal. Assistant City Manager Wood reviewed the corrections to Policy LU 61517. Phil Bettencourt, representing Brookfield Homes, reported that they are still interested in developing their property at Spruce and Quail, are still preliminarily able to meet the development standards outlined in the General Plan, and can assimilate a new right -of -way. Further, their project is about 11.5 acres. Sandra Genis, speaking on behalf of Greenlight and SPON, compare o a commercial square footages in Tables Al and A2 of the March 27 draft a e Environmental Impact Report. Assistant City Manager Wood stateAtrips Table LUl provides options for residential and commercial uses. S anguage was added to Policy LU 6.15.10 that deals with mixed ed er to be trip• neutral. She indicated th at the square footage ndperty owners choose to use the General Plan entitlements. A Phil Arst received clarification from vista "City Manager Woo hat hotel conversions only apply in the Newport Ce Area, not the Airport Are � He took issue with possibly creating more traffic in N ort Center due to the conversions and that this is not accounted for athe traffic stude believed that no exceptions should be allowed and that transfer d vQApent rights to Charter Section 423. Assistant C� imanager Wo64 review d the posed policies and the Planning Comm- �s p9 s a dition to the ?, Conversion of tel Rooms Policy related to lost reve ef'I'ransk6t Occupancy Taz (TOT) resulting from the conversion. She added that this p lies to,,Future hotel entitlements, not existing hotel rooms, and clarified that this is ip,addi to the 450 units already authorized. raespon o Council 668ttoAgj Planning Director Temple confirmed that, in order to dot cony on, the property owner would need to amend their site plan. Assistant City anagNis od indicated that the 450 units are spread throughout Newport Center..n.(Figu9). Council Member Selich recommended showing this as multi - family. esidenstead of mixed use. believed that the conversion of hotel rooms to dwelling units violates and that The Irvine Company is getting special dispensation. Sandra Genis asked if the conversion deals with peak trips or average daily trips, and asked that the impacts to water, schools, and parks also be considered. She noted that the City will not receive park fees if subdivisions aren't involved. Assistant City Manager Wood reported that the Planning Commission recommended language that requires a development agreement for conversions of hotel rooms. She indicated that the municipal code already requires a development agreement for timeshares and fractional units. She confirmed that the policy already includes language relative to being traffic neutral; however, if the dwelling units are increased beyond the base level that the General Plan allows, Charter Section 423 would apply. Council Member Selich suggested that the conversion policy be deleted. Dan Miller, The Irvine Company, stated that they are considering a plan for the San Volume 57 - Page 720 City of Newport Beach City Council Minutes June 27, 2006 Joaquin area and noted that this would provide them the flexibility to convert some of the entitled hotel rooms to residential units. He stated that they understand that all the issues will be handled in the development agreement. City Attorney Clauson indicated that, if the conversion was within the permitted units in the General Plan, Charter Section 423 would not apply; however, Mr. Arst is probably correct that Charter Section 423 would apply if there are more than 450 units. Council Member Selich recommended that additional analysis be included in the General Plan Update relative Charter Section 423. Corona.del Mar Assistant City Manager Wood reported that the property own the three properties at the far east end of Corona del Mar on Coast Highway 114 co cted and agreed to the change of designation for the vacant lots from neigfilorhood -c ercial to multi- family residential, but would like the third lot to remain neighborhoodiZommercial. Council Member Nichols asked if the residents can vq on the commerc q designation along Coast Highway. Assistant City M ger Wbed discussed the spec' ,policy for Corona del Mar to allow existing non-con fo r' g structures to remain and` ded that this has already been discussed by the Plann ig Commission and Council. It was the consensus of Council to not chaflge the special pt3licy. Harbor_ Day School # Assistant City Manager Wood uidicated t school fould like to expand the facility but not the student population. She reported t its is recommending that the designation' be fivate- institution,,.with a FAR of ".35. There were no objections from Table a PowerPoint to explain the land use mapping Senior = Planner Ramirez reported that the New Residential Subdivision Policy was drafted to limit any new additional dwelling units due to Charter Section 423, Council Mepfber Daigle believed that this policy was due to the Belcourt Project and that this should only pertain to planned communities and not be Citywide. Assistant City Manager Wood indicated that every General Plan Amendment becomes a Charter Section 423 issue because the City needs to track any unit added for ten years. She reported that this policy is a cleaner way for the City to ensure they were complying with Charter Section 423 and keeping with the level of specificity in the General Plan today. Planning Director Temple emphasized that this is not a change since the current General Plan establishes specific dwelling unit limits area -by -area and this policy is currently being applied throughout the City. Assistant City Manager Wood noted that people currently aren't allowed to subdivide single- family lots because the General Plan limits the number of dwelling units. She reported that, for the majority of the City, resubdividing is not permitted because of how the General Plan is written. Volume 57 - Page 721 City of Newport Beach City Council Minutes June 27, 2006 Mayor Webb expressed concern about allowing legally merged lots to be exempt from the General Plan and be allowed to resubdivide. Senior Planner Ramirez explained the reasoning behind the Planning Commission's recommendation. He noted that the General Plan doesn't include numbers. City Attorney Clauson clarified that lots can be combined, but cannot be further broken down due to the Subdivision Map Act. She discussed the process to make the dwelling a legal dwelling unit, but emphasized that this is on a lot -by -lot basis. Senior Planner Ramirez discussed the mapping designation for the commercial areas in which the FAR is listed on the map. He explained why the anom able is still needed. Assistant City Manager Wood confirmed that the amount entitlement is a certain amount for the whole block and is not calculated by. reel. City Attorney Clauson clarified that a lot line adjustment cannot be done .,tfie umber of lots results in more lots than what was started with. It was the consensus of Council to follow the P1apfYing Commission's' commendation to allow legally merged lots to resubdivide. €# 14 Dan Miller, The Irvine Company, recei lar8bation from Assistan%,-�C-11 Ma nager Wood that the Planning Commission's re mendation deals with additnal units beyond the General Plan. Regarding hotel r Isms, she confirmed that they would be already counted in the Gener ft%no an if the units a authorized. Jan Vandersloot agreed with b division�poticy and applying it Citywide which .- is similar to the current Generk Plan. Sandra Ge . eroed clarifil ationy fYOm Assirit City Manager Wood that the anomaly 1ileble A2) is stil bpiiig finalized. She further clarified that Table Al has been :re laced llY the informs n shown graphically on the map and is no longer needy and Tale A2 will be in a body of the Land Use Element. cull_ i e5 Ass ' nt Ci an Woo reported that, at Riverside and Coast Highway, it may be feasit ' toad second eastbound turn lane (Figure CE3). She stated that this would amen ;Policy 21 and one of the intersections would change to Level of Service D (LOS ). She noted that this would not be an amendment over what the City has today, ','There were no objections from Council. Assistant City Manager Wood indicated that, at Dover and Coast Highway, a fourth westbound through lane would cause the loss of the free right turn lane from westbound Coast Highway onto Dover. Further, the City would need significant right - of -ways to accomplish the improvements. She indicated that staff feels this is infeasible and is not recommending the improvement. She confirmed that this will leave Dover to operate at LOS E and that the bridge was not designed to be widened. Jan Vandersloot believed that LOS D can be achieved at Dover Drive by restriping the highway to get the fourth lane. He asked why the right turn lane is needed and why the solution is in the Circulation Element if it isn't feasible. Transportation/Development Services Manager Edmonston reported that the current plan is substandard by Caltrans standards and that there is no room to restripe for the fourth lane. He explained that the centerline cannot be moved from Dover to Volume 57 - Page 722 City of Newport Beach City Council Minutes June 27, 2006 McDonald's because that is where the third eastbound lane will eventually be located. Without objection, it was the consensus of Council to allow LOS D at Riverside and Coast Highway, and LOS E at Dover and Coast Highway. Assistant City Manager Wood reported that staff has learned that some of the right -of- way at Campus and Bristol may be available after JWA expands and the remaining right -of -way would be located at the end of the County golf course. She indicated that the improvement to create a third southbound right turn lane and a fourth northbound through lane is feasible and would make it LOS D instead of LOS E. With the exception of Council Member Nichols, no other consider six lanes in Corona del Mar at Goldenrod and Mar wished to Assistant City Manager Wood confirmed that the intersecfions beingconsidered to have LOS E are Coast Highway/Marguerite, st Highway /O Idenrod, Coast Highway/Dover, and the shared intersections w' rvine since their stattlard is LOS E. Sandra Genis expressed concern with hq with the mixed use concept. She refere versions of ITE's trip generation do not i believed that this means that there will be Jan Vandersloot asked why tK6 Ci' that the standard should be LOS D. n Phil Arst noted that there is trio ul about the mixed',ixse concept. Be $1 study ki , the density bonuses,; die trips gild that these calculations�shc Campus 'and traffic coordinatk specifically ie ITE Study and noted ''diet recent information on mixed use sites. She itersections at LOS E. Nine's LOS E standard and believed late&'CiiEd ation Element and expressed concern reed that he 7ias Y not seen allowances in the traffic emphasized that Greenlight measures peak hour dd be included in the traffic study. Bristol intersection plan was accepted by Council. ant City ''Manager Wood noted the goal of having 20% of all units be affordable ig; however,,staff and the Planning Commission is recommending 15% because of Died opportunities for residential development in the proposed General Plan. She med that the City will still meet the Regional Housing Needs Assessment (RHNA) over the 20 year period, but if not, the City can redo the Housing Element every Regarding how to implement the inclusionary requirement, Assistant City Manager Wood indicated that the City can adopt an inclusionary housing ordinance or require developers to prepare an Affordable Housing Implementation Plan (AHIP). She reported that the Planning Commission recommended that the AHIP be used so that projects of 50 units or less can prepare the AHIP or pay an in lieu fee, and projects of over 50 units would be required to prepare an AHIP. Sandra Genis believed that including Banning Ranch in the totals is problematic, noted that there is no mention of second family units, and urged Council to adopt the inclusionary housing ordinance. Assistant City Manager Wood clarified that the only instance in which the Housing Element is suggesting no density bonus is for the 15% or 209/6 that are required to be affordable housing and reviewed State law about Volume 57 - Page 723 City of Newport Beach City Council Minutes June 27, 2006 developers who agree to provide affordable units Phil Arst expressed concern that the maximum number of dwelling units is not stated in the report and that the main focus seems to be on affordable housing. He asked that the City use its current entitlements to justify affordable housing. In response to Mayor Webb's questions about Banning Ranch, Assistant City Manager Wood indicated that they are talking with the property owner and hope to bring an agreement before Council at the July 11 Council meeting that would allow the City to purchase the site in 4 to 5 years for development as shown in the Genera an. Without objection, it was the consensus of Council to choose he 15% amount of affordable housing and to require AHIP. Jan Vandersloot believed that five years is not enp time to rchase Banning Ranch. L. PUBLIC COMMENTS Jan Vandersloot believed that the report that Vber o the General PIs -Advisory Committee (GPAC) in December 2002 by the Ch up shoul d be inclu ed in the Environmental Impact Report (EIR) comments. M. ORAL REPOR_ TS FROM CITY CO N COM ACTIVITIES S - None N. PLANNING COMMI$SION_AGENDAND O._ EPORT 34. PLANNINCxCOMMISSION A GEN.DA FOR 2006. [100 -2006) Plan ffil Director Temple revis ed the following Planning Commission items: Macklin ResC ce 6 Barrenger Court A2006.088); Steadfast Investment Properties - 4343 Von Ka an;Avenue (PA2005 -2 3); and General Plan Update: Land Use Element and - _O RR O: Tom} CONTINU_,. :BUSII (Continued) 36. APPO TMENT$ TO BOARDS & COMMISSIONS. [100 -2006) City Perk Harkless read the ballot votes for the Board of Library Trustees as follows: Chase (Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb) City Clerk Harkless announced that Theresa Chase has been reappointed to the Board of Library Trustees. City Clerk Harkless read the ballot votes for the City Arts Commission as follows: Gilbert Lasky (Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb) City Clerk Harkless announced that Gilbert Lasky has been reappointed to the City Arts Commission. City Clerk Harkless read the ballot votes for the Harbor Commission as follows: Timothy Collins (Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb) Volume 57 - Page 724 City of Newport Beach City Council Minutes June 27, 2006 John Corrough (Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb) Tom Houston (Selich, Rosansky) Scott Ramser (Ridgeway, Daigle) Karen Rhyne (Curry, Mayor Webb) Mark Sites (Nichols) City Clerk Harkless announced that Tim Collins and John Corrough have been reappointed to the Harbor Commission, and second ballots will be distributed to vote between Tom Houston, Scott Ramser, and Karen Rhyne. _i City Clerk Harkless read the ballot votes for the Parks, Beachaeand Recreation Commission as follows: ler Barbara Durst - Taylor (Nichols) Marie Marston (Ridgeway, Daigle, Mayor Webb) Robert Rush (Nichols) Gregory Ruzicka (Curry, Selich, Rosansky, R dtE Cristine Trapp (Curry, Selich, Rosansky, R gew Jack Wu (Curry, Selich, Rosansky) ; City Clerk Harkless announced that Gregory, Cristine Trapp has been appAted,to the Parks, and second ballots will be distibulto vote betv City Clerk Harkless read the ballot votes Tom. Scott Mayor e, Mayor Nichols, has been reappointed and and Recreation Commission, e Marston and Jack Wu. as follows: third ballots will be distributed to vote between Karen Rhyne since four votes are required for City (jerk Harkless read the ballot votes for the Parks, Beaches and Recreation Commission as flows: irston (Ridgeway, Daigle, Nichols, Mayor Webb) (Curry, Selich, Rosansky) City Clerk Harkless announced that Marie Marston has been appointed to the Parks, Beaches and Recreation Commission for a term expiring June 30, 2009, since she received the least amount of votes between the three appointees. City Clerk Harkless read the ballot votes for the Harbor Commission as follows: Tom Houston (Selich) Scott Ramser (Ridgeway, Daigle, Nichols) Karen Rhyne (Curry, Rosansky, Mayor Webb) City Clerk Harkless announced that fourth ballots will be distributed to vote between Scott Ramser and Karen Rhyne since four votes are required for appointment. Volume 57 - Page 725 City of Newport Beach City Council Minutes June 27, 2006 City Clerk Harkless read the ballot votes for the Harbor Commission as follows: Scott Ramser (Ridgeway, Daigle) Karen Rhyne (Curry, Selich, Rosansky, Nichols, Mayor Webb) City Clerk Harkless announced that Karen Rhyne has been appointed to the Harbor Commission. P. CURRENT BUSINESS S38. NEWPORT RIDGE PARK AND CRESTRIDGE PARK DECISION REGARDING ACCEPTANCE OR REJECTION OF ALL PARTS OF AN IRREVOCABLE OFFER OF DEDICATION (IOD). [I00 E Council Member Curry explained why he is recomm 4ffiig Option of Attachment F and believed that Option 1 would generate litigationgainst the City. Council Member Daigle noted that there is o'w tte olicy on how to dle field use on a facility that the City assumes owner of aid is already regularly us Regarding Council questions about improvin .he ball field and the budget allocation, City Attorney Clauson clar' d that the cost associated with the Newport Coast Community Center is only to to the field an '1pot replace the grass. She indicated that she is not sure how m y the ball Ndsuencompass because the legal descriptions have not been fin 'zed. Managdau reported that the current field is not up to City standard nd n d ia%the nd grass need to be replaced. Council a Ridgeway a e Alat the bas ball leagues cannot use the fields becau of the rent conditi f the grass and how they're configured. He believed that tion 1 ' consistent with he Irrevocable Offer of Dedication (IOD) policy and, if the Cit is g to provide for he youth of the community, it needs to take over at least the Dan amp Newport Ri a Homeowners Association, agreed that the grass is not good playa sports. He indicated that the Association would prefer Options 4 or 6, but ca .support tion 3. He added that there should be a City sidewalk along Lot C, simila' to the ublic accessway mentioned in Option 1, and requested that the Assoc tion be allowed to fence in the private family recreation area. He noted that Opti 1 would get the City into litigation. He stated that they would agree to the Op on 3 operating agreement having a provision to prohibit signs that said "Private Peak" or "No Trespassing ". Mayor Pro Tem Rosansky expressed concern about finalizing anything without reviewing the final operating agreement. Mr. Wampole noted that Option 3 has a provision for the City to accept the IOD at anytime in the event the Association does not comply. He requested that Council approve Option 3 upon receiving an acceptable operating agreement. By a straw vote of 4 (Curry, Selich, Rosansky, Nichols) to 3 (Ridgeway, Daigle, Mayor Webb), Council agreed to proceed with Option 3. In response to Council questions about Option 3, Mr. Wampole discussed how they believe they will expand field use by 50 %. He also reported that the Association wasn't thinking about renovating the fields at this time, and the public will be allowed to use Volume 57 - Page 726 City of Newport Beach City Council Minutes June 27, 2006 the restroom facilities if field use is only expanded 50 %. Council Member Daigle expressed concern about how the Association is going to maintain the fields. Council Member Curry believed that Mr. Wampole is trying to get Field 2 upgraded for community use and that upgrading the fields is the City's option. Mayor Webb directed staff to bring this issue back to Council at the August 8 meeting. Q. MOTION FOR RECONSIDERATION - None R. ADJOURNMENT - at 1:15 a.n-L on Wednesday, June 28, 2006 The agenda for the Regular Meeting was posted on June 21, 2006, @t W.25 p.n-L on the City Hall Bulletin Board located outside of the City Beach Administration Building. The supplemental agenda for the lRegdlar Meeting was posted on June 23, 2006, at 2:00 p.n-L on the City Hall Bulletin Boarlocated outside of the City of Newport Beach Administration Buildingf"7 " !: S, Volume 57 - Page 727