HomeMy WebLinkAbout01 - Minutes - 07-25-2006City Council Meeting
August 8; 2006,
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes pRAFT
Study Session
July 25, 2006 — 4:00 p.m.
ROLL CALL
Present: Council Member Curry, Council Member Selich, Mayor Webb, Council Member
Ridgeway, Council Member Daigle, Council Member Nichols
Excused: Mayor Pro Tem Rosansky
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Council Member Nichols asked for an explanation of Item No. 7, Rescission of Resolution
99 -4, a prior acceptance of the dedication of Bayview Landing Parcels A & B. City
Manager Bludau reported that the action taken by the City Council in 1999 needs to be
rescinded because since that time, the park property has been transferred from The
Irvine Company to the City.
Council Member Daigle expressed her support for the action being recommended in Item
No. S24, a resolution making findings relating to the conveyance of public property from
the County to the City for the Mesa -Birch Park.
2. IRWD UPDATE. [100 -20061
Using a PowerPoint Presentation, Peer Swan, President of the Irvine Ranch Water
District (IRWD), listed the core services of IRWD, which included water, wastewater,
urban runoff treatment and recycled water. He displayed a map of IRWD's service area
and noted that IRWD services Newport Coast and Santa Ana Heights. The total
population served by IRWD is 324,500. Mr. Swan listed the projects that IRWD is
working on that are in, or affect, Newport Beach. These included the Buck Gully runoff
reduction project, installing synthetic turf demonstration sites, the Newport Coast Drive
force main project, work at the San Joaquin Reservoir and the natural treatment system
at the San Joaquin Marsh. He displayed additional information on each of the projects
and responded to questions by the Council Members. He also introduced Paul Cook and
Marilyn Smith, both with IRWD.
In response to Council Member Nichols' questions, Assistant City Manager Kiff and Mr.
Swan explained that the Buck Gully project is a coordinated program by IRWD and the
City. Although the City owns the area, one side of Buck Gully is serviced by IRWD and
the other side by the City, and both are trying to control the source of water going into
it.
Several Council Members complimented the efforts of IRWD. Mr. Swan invited the
Council Members to contact IRWD and receive a guided tour of the San Joaquin Wildlife
Sanctuary and the district.
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3. NEWPORT COAST PARKS (contd. from 7 /11/06). [100 -20061
Using a PowerPoint presentation, Assistant City Manager Kiff displayed a concept
plan for Coastal Peak Park, a new park to be developed at the corner of Ridge Park Road
and East Coastal Peak Road. He stated that it's being paid for with assessment district
funds, is not a part of the Newport Coast annexation agreement and would become
a public park upon completion. Recreation Services Director Knight reported that there
will be eight acres of usable recreation space and she highlighted some of the other
aspects of the park, as illustrated in the concept plan. She also described where parking
would be provided.
Assistant City Manager Kiff provided an update of the Crystal Cove Historic District, and
stated that more information can be obtained by accessing www.crystalcovealhance.org.
Reservations can be made by accessing www.reserveamerica.com. He also displayed an
aerial photo of the Pacific Ridge Trailhead area and announced that the trail is now open
seven days a week.
Assistant City Manager Kiff also reported that the City is working on an operating
agreement with the Newport Ridge Community Association for use of the ball fields
at Newport Ridge Park, and that the matter is expected to be agendized for the August S,
2006, City Council meeting.
Assistant City Manager Kiff displayed an aerial photo of the Buck Gully area and
stated that the City is hearing from resources groups that there are several problems in
Buck Gully that need to be addressed. He reported that the City has asked the Irvine
Ranch Land Reserve Trust (IRLRT) to develop a resource and recreation management
plan for the City.
Assistant City Manager Kiff stated that most of the Newport Coast parklands are in the
Natural Communities Conservation Plan (NCCP), which is a multiple species, multiple
habitat reserve system authorized by the legislature, and totals approximately 37,000
acres. The NCCP is overseen by the Nature Reserve of Orange County (NROC), a non-
profit corporation. He noted that the City has been asked to become a member of
NROC. He additionally explained that the City is currently a non - voting member of
the Coastal Greenbelt Authority, which manages the individually -owned lands in the
Laguna Coast Wilderness Park, such as Buck Gully. He stated that the Laguna Coast
Wilderness Park is a subset of NROC, and that the goal is to manage all of the lands
consistently. He reported that the City has also been asked to become a voting member of
the Coastal Greenbelt Authority.
Assistant City Manager Kiff stated that to become a voting member of NROC and the
Coastal Greenbelt Authority, the City needs to file a U.S. Fish & Wildlife "Incidental
Take" permit. He explained some of the benefits of becoming a member of NROC and the
Coastal Greenbelt Authority, and provided some additional clarifications in response to
questions by the Council Members.
4. CABLE FRANCHISE AGREEMENT - COX COMMUNICATIONS. [421100 -20061
Using a PowerPoint presentation, Assistant City Manager Kiff stated that the adoption of
the franchise agreement with Cox Communications is on the evening agenda, Item No.
16, and that it is the culmination of approximately seven years of work. He reported that
the City's negotiations with Time Warner were just completed, and he displayed the
action that was taken by the City Council at the meeting on June 27, 2006. This included
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Study Session Minutes
July 25, 2006
the approval of a consent to transfer agreement, a settlement and mutual release
agreement, and a memorandum of understanding.
Assistant City Manager Kiff displayed and highlighted the key elements of the proposed
franchise agreement with Cox Communications. Additionally, he displayed a map of the
City illustrating where the franchise areas for Cox Communications and Time Warner
are located.
PUBLIC COMMENTS - None
ADJOURNMENT at 5:10 p.m.
The agenda for the Study Session was posted on July 19, 2006, at 3:35 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Recording Secretary
Mayor
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
July 25, 2006 — 7:00 p.m.
STUDY SESSION - 4:00 p.m.
CLOSED SESSION - 5:10 p.m.
A.
C.
D.
E.
F.
G.
H.
Present: Council Member Curry, Council Member SelicoMayor Pro Tern Ro sky, Mayor
Webb, Council Member Ridgeway, Council error Daigle, Cou Member
Nichols
CLOSED SESSION 4'
City Attorney Clauson announced t Council appgved an extension of the Tolling
Agreement in the case of the Newport ce Association-ys, the City of Newport Beach.
PLEDGE OF ALLEGIANCE - Mayo Pro Te osansk,
:...
INVOCATION - Rabj iWarc Ruben rein, ple Isa ah
Tournament Ro s Presentatio Gary DiSano presented the City with a Trophy
Pho a winm K. Lei an Award. Mayor Webb presented Mr. DiSano
" f the oat and n oat riders to take pictures with Mr. DiSano.
Proclamati HonTkng Emily & David Anastos - Deputy Fire Chief Sutherland
displayed the ws foot related to 6 year old Emily Anastos and her father helping their
neighbor duri a fire enVFrgency. Mayor Webb presented them with a proclamation.
McFaddequare Legacy Project - Kirwan Rockefeller, City Arts Commission Chair,
zed a owerPoint presentation to highlight the project and displayed the artists
re erin . nd architectural model. He announced that it will be on display at the Central
Lib - om August 1 to September 15. Bernie Svalsted, Chair of the McFadden Square
Cen. nnial Legacy Committee, stated that McFadden Square is the birthplace of Newport
Beach and more information and how to purchase sponsorship is on
www.newportbeachlOO.com.
NOTICE TO THE PUBLIC
CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FO_R__DISCU_SSION. ACTION OR
REPORT (NON- DISCUSSION ITEM):
Keith Curry commended the City Arts Commission for their Concerts in the Park and Art in
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City Council Minutes
July 25, 2006
the Park programs.
Council Member Daigle requested that the Planned Community Text for Belcourt be
amended to reflect the on- ground conditions.
Mayor Webb announced that there are 38 days left until the City's 100th birthday and
provided Centennial moments.
I. CONSENT CALENDAR
READING OF MINUTES/ORDINANCES AND RESPLUTIONS
1. MINUTES OF THE SPECIAL AND REGULAR MEETING O - ULY 11, 2006.
Waive reading of subject minutes, approve as written an r filed. (Council
Member Ridgeway abstained on this item)
2. READING OF ORDINANCES AND RESOLUT N S. Waive reads in full of all
ordinances and resolutions under considerat' and irect City Cle o read by
title only.
ORDINANCE FOR ADOPTION
3. STEADFAST INVESTMEN ROPERTIE (QFFICE EXPANSION; 4343 VON
KARMAN AVENUE - P D COMM ITY DEVELOPMENT PLAN
AMENDMENT NO. 2005-0 ( 05 -293). ( 0 -20061 Adopt Ordinance No.
2006 -19 for Planned Commu 'ty Dev ent PI a mendment No. 2005 -005.
(Council Member Ridgewa bstain s ite kja
RESOLUTI N OP ZO
4. TION F FY2005 MELAND SECURITY GRANT PROGRAMS
TRAN ER GREEMENT L TTER (C- 3862). [381100 -20061 Adopt Resolution
200 the P 'ce Chief, Fire Chief and City Manager to act as
oriz gents" t the necessary documents in conjunction with the
afire ent a ched to the staff report.
5. ASSE' MENO ISTRICTS 70, 79 AND 86 SURPLUS DECLARATIONS.
[89110 20061 Adopt Resolution Nos. 2006 -69, 2006 -70 and 2006 -71 declaring
surpl amounts in Assessment Districts 70 Bay Shores, 79 Beacon Bay and 86
Pen' sula Point; and 2) authorize the Administrative Services Director to choose an
apopriate distribution method consistent with the 1913 Act on a parcel by parcel
7. sV RESCISSION OF RESOLUTION NO. 994, A PRIOR ACCEPTANCE OF THE
DEDICATION OF BAYVIEW LANDING PARCELS A & B. [100 -20061 Adopt
Resolution No. 2006.73 rescinding Resolution No. 99 -4.
CONTRACTS AND AGREEMENTS
8. AWARD CONTRACT ON BEHALF OF THE INTEGRATED LAW AND
JUSTICE AGENCY OF ORANGE COUNTY FOR IMPLEMENTATION OF AN
ENHANCED COUNTYWIDE SCHEDULING PROGRAM TO INTIME
SOLUTIONS, INC. (C -3579) [381100 -20061 1) Award a contract in the amount of
$280,302 to provide implementation services and maintenance for an enhanced
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City Council Minutes
July 25, 2006
version of the current Countywide scheduling component of the Integrated Law and
Justice Agency of Orange County ( ILJAOC) Court Scheduling Project to InTime
Solutions, Inc., the current scheduling vendor; and 2) authorize the Chief of Police,
on behalf of the ILJAOC Joint Powers Authority (JPA) and the City of Newport
Beach to execute a standard Professional Services Agreement contract with InTime
Solutions, Inc. as approved by the City Attorney's office.
9. WASTEWATER MASTER PLAN - ACCEPTANCE OF ORANGE COUNTY
SANITATION DISTRICT COOPERATIVE GRANT AND APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH AKM (C -3863 [38/100-
2006] 1) Accept a $322,710 cooperative grant from the Orange Co Sanitation
District for the preparation of a Sewer Master Plan and author the Mayor and
City Clerk to execute the Cooperative Projects Grant Pro contract; and 2)
approve a Professional Services Agreement with AKM C tin ngineers for the
preparation of the Sewer Master Plan for a not- to -exc ed' ee of $63 ; 6.
MISCELLANEOUS _
10. PURCHASE OF A RESCUE BOAT R T 'FIRE DEPARTMENT. [100-
2006] 1) Approve the purchase of a rescu from the Crystaliner Corptir8tion of
Costa Mesa, for the price of $317,862.50; d 2) approve a budget amendment
(07BA -004) for the transfer f $17,962.50 i unappropriated revenues from the
Internal Services Fund to Act.' 120 -9100 to chase the vessel.
11. PLANNING COMMISSION ISCHLIVdLED VACANCY - CONFIRMATION OF
NOMINEES. [100 -2006] g,,onfirm t minatna„�ts made by the Ad Hoc
12. UNSCHEDULED VACANC TEES. N THE BOARD OF LIBRARY TRUSTEES -
COIRMATifON OF NOM [100 -2006] Confirm the nominations made
by the 9d HotAppointments mittee to fill the unscheduled vacancy as a result
f the r aa&Jji&Rarry Hamilton.
OF EN MONMENTAL QUALITY AFFAIRS COMMITTEE
'ERSON. [100 -2006] Confirm the Mayor's appointment of
S24. MESSY -BIRCH -PARK SITE SANTA ANA HEIGHTS. [100 -2006] Adopt
Resolution No. 2006 -74 making findings relating to the conveyance of public
pr, erty from the County to the City for the Mesa -Birch Park.
yor. -Pro Tgm Rosa_nsky to approve the Consent Calendar, except for the
(6); and noting the abstention of Council Member Ridgeway on Items 1 and 3.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky, Mayor
Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
6. SUPPORT OF MEASURE M. [100 -2006]
Council Member Nichols stated that he will not support this until the City gets more
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K.
projects written into the Measure.
In response to Council questions, Public Works Director Badum highlighted some of
the major City projects that were completed due to Measure M grant funding and
explained the application process for receiving the grants.
Ron Winship noted that Measure M is a tax initially created to fill potholes and
believed that it is flawed. He recommended tabling this for further study and
getting money directly from the State for Coast Highway improvements.
Stephanie Barger, Earth Resource Foundation, stated that the a onmental
community has been working with the Orange County Transpor on Authority
(OCTA) and highlighted the benefits they could receive fro easure M. She
encouraged all citizens to work with the OCTA and emph a need for mass
transportation.
Motion by Council Member Curry to adopt
the renewal of Measure M. a
Council Member Curry compared the on l
M and emphasized that the new progra s
neighborhood -based funded transit program
compete for State funds. ,
The motion carried by the folio wing ll vote:
Ayes: Council Member Curry, ouncil
Mayo , Council Me her geway,
Noes: C cil M. tuber Nichols 71.
No. 2006'U
ure M with the renewe asure
mitigates runoff, provid for a
i gives the City the ability to
Mayor Pro Tem Rosansky,
Member Daigle
SOLID WASTE COLLECTION FRANCHISE
TION. [100 -2006]
Gene Ser - s Director Harmon explained the process that the refuse haulers
V order receive a non- exclusive solid waste collection franchise. City
Mana , r Bludau oted that the City will now have 21 refuse hauler franchises.
ayor Pro Tem Rosansky to adopt Ordinance No. 2006 -17 granting a
Solid Waste Franchise to Newport Coast Demolition.
Webb opened the public hearing.
Dolores Otting stated that Costa Mesa and Irvine provide stickers for the hauler
trucks that are allowed to be in their cities and they inspect those vehicles regularly.
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 Ridgeway, Council Member Daigle, Council
Member Nichols
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15. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE
TO INTERIOR REMOVAL SPECIALIST, INC. [100 -20061
Mayor Webb opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Mayor Pro Tern to adopt Ordinance No. 2006 -18 granting a
Non - exclusive Solid Waste Franchise to Interior Removal Specialist, Inc.
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 Mere r Daigle, Council
Member Nichols
16. CABLE TELEVISION: ORDINANCE AD A RANCHISE
AGREEMENT WITH COX COMMUNICATION, [421100 -20061
Assistant City Manager Kiff noted the "t s is " e was discussed ing the
afternoon study session. He explained th ':t e C� can control the right -o ay, but
cannot control rates. Further, the City get three community pro ming
channels and financial support for the channe
ate_.,
Motion by Council Memb�gle to introdut* Ordinance No. 2006 -20 relating
to the adoption of a Cable ComlYiymcations F&nchise Agreement with Cox
Communications; and pass to second reams on Aug 8, 2006.
Ron Winsh�i� Bested that tihe City-;jet the ..- for broadband access, and
voice and Fo¢ ne ctivation. He o&issue with the °technology that is provided to the
hom nd belie ed that the ea`lle providers should provide the City with a media
cen
istari ' . Kiff clapified that Federal court cases preclude the collection
� 0000 'Wan fee on an other than cable - related services. He added that the
City nnot ect the signal to be broadcast in high definition. He indicated that
Coun decid , hat it was not necessary to have a media center in the community
since ople ca tilize the Cox media center at any time; however, Council can
amen 'this later. He clarified that some of the revenues from the Time Warner and
this nchise agreement can be used to improve the cable shows.
Th motion carried by the following roll call vote:
yes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
17. CITY COUNCIL AIRPORT POLICY. [100 -20061
Mayor Webb noted that the Aviation Committee has been reviewing this for one year
and that it has not been updated since 1999. Contract Attorney Burnham noted
that the policy also reflects significant input from Stop Polluting Our Newport
(SPON), the Airport Working Group (AWG), and AirFare. He noted that the policy's
legal framework focuses on the Airport Noise and Capacity Act (ANCA) at John
Wayne Airport (JWA). He stated that the policy has seven components,
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considerations to formulate a successful strategy to control impacts, encouarges
Council to extend the term of the settlement agreement with conditions, and directs
Council to oppose a second runway, change the curfew, or change in the nature of
general aviation facilities or levels of operation. He reported that the Committee
acknowledged that there is no feasible site for a second air carrier in the County so
that the City can focus on more realistic opportunities to provide for airport
demands. He indicated that the policy encourages Council to continue its efforts,
encourages residents to remain involved, and continues educating the residents. He
noted that the action also recommends making minor conforming amendments to
the General Plan Update so that it is consistent with the policy. j
In response to Council questions, Consultant Attorney
policy delegates the City Manager to stay up -to -date on
that retaining a technical airport consultant is a goo
complicated. He confirmed that the policy changes do
on airport issues, but believed it makes them stro r.
makes the areas of protection stronger than th stin
Mayor Webb opened the public hearing.
Ron Winship noted that JWA will have an
concern that this will increaseie number
Eleanor Todd, Aviation Cor
only go to and from Canada
Dan
and
for the
Burnham med that the
airpor ues. H
He indicated
customs area and expressed
that the international flights
important issue in the City
Dal Ottin expressed con rn about safety with JWA having international
flights.
ing $ her iOlyor Webb closed the public hearing.
r
M t ti' . b for Pro Tem Rosansky to adopt the revised Airport Policy.
Counc Membe aigle emphasized her commitment to controlling the impacts from
JWA d noted t at the current protections are unprecedented and unparallel.
The otion carried by the following roll call vote:
es: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
18. GENERAL PLAN UPDATE: FINAL ENVIRONMENTAL IMPACT REPORT
(EIR) AND ALL ELEMENTS. [681100 -20061
Assistant City Manager Wood utilized a PowerPoint presentation to review the
recommendations, discuss the General Plan Update Committee (GPUC) and the
General Plan Advisory Committee (GPAC) and their accomplishments, the visioning
process, the public workshops, and the meetings held by the Planning Commission
and the City Council. She also explained how the General Plan is comprehensive,
compared the 1988 Land Use Element to the proposed Land Use Element, discussed
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changes to the Banning Ranch area, compared the 1988 Circulation Element with
the proposed Circulation Element, compared the 1974 Conservation of Natural
Resources Element with the proposed Natural Resources Element, and compared
the current Environmentally Sensitive Areas (ESAs) in the Recreation and Open
Space Element with the proposed Environmental Study Areas (ESAs) in the Natural
Resources Element. She noted that Dr. Jan Vandersloot sent correspondence today
relative to ESAs. She highlighted the improvements made to each of the General
Plan Elements and explained the revisions from the July 20 Planning Commission
meeting. She noted that public comments were forwarded to the Planning
Commission and the City Council as they were received and the staff re tit includes
replies. She reported that the staff report includes analysis pursuiato Charter
Section 423. She pointed out that a memorandum with ,mole erratas was
distributed and the last page of the memo includes corrections�t the table on page
17 of the staff report. '0700, y,
Regarding the Environmental Impact Report (E Assistant City `Manager Wood
noted that nine intersections still have una able pacts and a plemental
analysis confirms the conclusions about tlx0mters ons with Irvine. � reported
that James Douglas of Kimley -Horn an XSheo s conducted a peer reviof the
traffic study. She pointed out that the the people who prepared a EIR
were distributed prior to the meeting. noted that a le tter from Sandra
Genis was received relative tq%g EIR.
Kimberly Avila, EIP Associat
the EIR.
Carlton WateFfl ?Urban Crossro
e- NY
the Orange County Transporta
19th w`stieet Bridge is still in
GeneK Plan results in a decre•
Pintraffic.
d the cu alive analysis methodology of
that raffic analysis is consistent with
rity (OCTA) model. He explained why the
• al Plan. He confirmed that the proposed
•
n ins, M Waters stated that widening the streets in Corona
looked a itigate traffic but this would diminish the area's
fonfirmed that traffic counts were also conducted during the peak
Coun Member—�Selich indicated that he was Chair of GPUC and read into record
the Pfeamble that he is recommending be placed in the beginning of the GPU.
iuncil Member Curry's request, Assistant City Manager Wood confirmed that,
ared to the current General Plan, there is a trip reduction of 28,920 average
trips, 1,121 morning peak hour trips, and 958 evening peak hour trips.
In response to Council questions, James Douglas, Kimley -Horn and Associates,
stated that they reviewed the technical reports and did not find any major issues
relative to the methodology.
Mayor Webb opened the public hearing.
Barry Allen believed that the 19th Street Bridge should be removed because it will
never be built.
Cheryl Neville Shepherd clarified that her family owns 2201 West Coast Highway
which is off the center of the Ardell property and that this property isn't an
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easement. She expressed concern that, since their property is only 100 feet wide, it
could only be used as a view area or corridor pursuant to the proposed General
Plan. She indicated for the record that she is the local contact person for the
property and would like to be notified of any future plans concerning this property.
Allan Beek expressed opposition to the proposed General Plan because he feels it
will take the power of Greenlight away.
Dolores Otting distributed a handout and took issue that the City only has 109
sworn officers in the Police Department when it is authorized to have 14 She also
asked what section of the General Plan is going on the ballot an ether the
proposed General Plan circumvents Greenlight.
Mayor Webb clarified that the Police Chief, Ca \comi and
Sergeants are considered sworn officers, so the Police rtment c ly has
six vacancies.
Larry Porter believed the City has not 1 k at t. water supuldn't
certify the EIR.
Elaine Linhoff believed that most of the redu n of residential unig from
Banning Ranch and that this umber is just ing shifted to Mariners Mile. She
objected with having mixed u ariners Mil elieving that it will end up being
all residential units.
Sandra Genis asked how long q
if the R be lost. SRatio (ariners Mile,
traffic s. Sl;!i`e believed tha,
allo le development. She to
Plana the Neater numbers in
V-Riocky ' be a p'lrity for Banning Ranch and
c tion relative to the Floor Area
Poin ,and the geographic limits of the
model didn't assume full build out of the
ith the numbers in the proposed General
to EIR.
Iloot, GI�A" Lei that the new General Plan will create 150,000
ps, 000 ore rsidential units, and 20,000 more residents than is
her day. He expressed support for keeping the current General Plan
ved th _the EIR is deficient, the Environmentally Sensitive Areas will be
ised, an citizens will be losing its ability to vote on future projects with the
eral Plan.
Na y Gardner, GPAC Co- Chair, pointed out what the policies will do for the City
that they represent what came out of the visioning process. She noted that the
olices were accepted by the Planning Commission and the City Council, and that it
is an improvement over the existing plan.
Phil Arst, representing Greenlight, stated for the record that he believes that Ms.
Genis and Dr. Vandersloot's objections have not been adequately addressed, the
General Plan attempts to eliminate a Greenlight vote, each land use change that
exceeds Charter Section 423 needs a separate vote by the people, the claims of
reduction are just on paper, and it could take 15 to 20 years to receive the
implementation dollars to fix the 18 unsatisfactory intersections.
Hearing no further testimony, Mayor Webb closed the public hearing.
Assistant City Manager Wood reported that a revised version of the EIR resolution
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has been distributed.
Council Member Selich received confirmation from Assistant City Manager Wood
that no testimony has been provided tonight regarding the EIR that would change
any of the conclusions and the Planning Commission's recommendation to certify the
EIR.
Motion by Council Member Selich to adopt Resolution No. 2006 -75 certifying the
EIR.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor o Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Mem r aigle
Noes: Council Member Nichols
Motion by Council Member Selich to adopt- solution No. 2006 7Z approving
the General Plan and to include the Preamble A the�rrata changes.
Mayor Pro Tem Rosansky requested thaf*le motion be amended so that, d t to the
new Cultural Element, a bullet point be ad�� to the preamble that states, V Foster
artistic and cultural activities and venues in tlTe community
Amended motion Coun _ember Selic ` k opt Resolution No. 2006 -76
approving the General Plan, d twl de the a d Preamble and the Errata
changes.
The amendedi:i tion carried bathe following roll l vote:
Ayej--a3 ncil ember Curry,iouncil Member Selich, Mayor Pro Tem Rosansky,
or ebb, Council Me ° her Ridgeway, Council Member Daigle
Noencilidember Nichols it.
L.
VWecessed hip jecte people needing a film permit at Little Corona and the City fighting
sa's tempt nnex the Costa Mesa Country Club. He also expressed concern
egr from th° xus Dealership.
tt' g provided photos relative to the Ciraulo issue on the May 9, 2006 Closed
da.
essed the meeting at 10:00 p.m and reconvened the meeting at 10:15 p.m
s of Council present.
M. ORAL REPORTS FROM. CITY COUNCIL ON COMMITTEE ACTIVITIES - None.
N. PLANNING COMMISSION AGENDA-AND-ORAL STATUS REPORT
19. PLANNING COMMISSION AGENDA FOR JULY 20, 2006 - No Report Given.
[100 -2006]
20. STAFF ASSESSMENT OF THE AVOCADO SITE AS A CITY HALL SITE,
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IMPLICATIONS FOR THE CURRENT CITY HALL SITE, AND WHETHER
TO MAKE THE AVOCADO SITE THE SUBJECT OF A NOVEMBER BALLOT
MEASURE. [351100 -20061
City Manager Bludau provided a staff report and noted that the City Hall Site
Review Committee recommended that Council consider the Corporate Plaza West
site and the current site for the new City Hall, but The Irvine Company indicated
that their site was not for sale. He stated that staff concluded that, at this point,
there doesn't appear to be any single fatal flaw that prohibits Council from putting a
City Hall on the Avocado site. He reported that the two methods of cing this
item on the ballot are to have an advisory vote or a charter amendm He stated
that his conclusion is that there are two viable sites for the City ut it is hard to
compare the projects. He pointed out that the City already four years and a
lot of money studying the current site. He noted that it to bout a year and
$150,000 to $250,000 to bring the Ficker plan into same level detail as the
current site project. He emphasized that, with co uction costs rise 10% to 15%
a year, waiting another year could add $4 mil el to $ million to the Hall and
parking structure components.
City Attorney Clauson clarified that an ad vote would not be binding d does
not require an environmental analysis or ign work. However, in order for
Council to place City Hall o Avocado site, general plan amendment vote is
required pursuant to Measur explained t t the reason for having a charter
amendment vote is so, if Co il p sed a gene plan amendment and it was
approved by the electorate, a f ure Cha ection vote would not be required.
In response ncil questir ttorney son clarified that, depending on
how Co on' the Cha ment to be written, it does not have to bind
Cou to builCity Hall odo site. However, if Council wanted to put
City 11 thoe after follogeneral plan amendment procedure, the
elector h dy voted would not be a need for an additional vote
)Avocr ted that the charter amendment could be
to a binding vo nd state that City Hall shall be at that location, but
n't r mend writing it this way.
ro Tom sansky indicated that he is not a fan of votes to decide matters
, that C uncil needs to do its homework about placing City Hall on the
site, and that he doesn' t see the point of putting this to a vote.
Co ncil Member Ridgeway noted that Council has already voted on this issue a
mber of times, created two committees to review finance issues and potential City
all sites, and indicated that it would make a decision on May 1, 2006. He believed
that this is a park site and recommended that Council make a decision tonight about
the site. He expressed his disappointment with the traffic analysis in the staff
report. He emphasized that the cost to build the City Hall on the Avocado site would
be the same as at the current location, but construction costs are rising. He added
that, if the City proceeds with a City Hall on the site, the City will probably be in
some type of lawsuit and the site will be tied up for years.
Council Member Curry stated that he was not on Council when the action was taken
to keep the site a park, but agreed with Council Member Ridgeway.
Allan Beek believed that the Avocado site and the current location are not suitable
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July 25, 2006
sites for a City Hall so there shouldn't be an election on this issue. He stated that an
impartial outside analysis should be conducted on City processes and procedures.
He noted that the City could lease the Corporate Plaza West site with the option to
buy or use its power of eminent domain in order to build City Hall on that site.
Tom Moulson expressed his support for maintaining the Avocado site as a park and
keeping City Hall at its current location.
Bill Ficker stated that his interest in this started with wanting to improve City
operations. He indicated that maybe the City should look at other sitesj!believing
that the current City Hall site is the wrong site. He suggested that Council take its
time and place City Hall in a location that doesn't require Coastal Commission
approval.
Ron Winship suggested moving City Hall to the back ofhePolice '`.epartment and
fire station. He opposed building on the park sit Once it could troy the view
down Jamboree Road.
Jan Vandersloot requested that
Avocado site out of consideration.
Christine Carr expressed support for maintaining
z
Debbie Stevens noted that, a approval
already approved the site as mark. elieved
to a City Hall is more costly.
Jim Warreewre"�x? ssed support r mai taining t'
that noeryon$ feels a new all is needed
overtime at tho7current location
agreements andliAake the
Avocado site as a park.
General Plan, Council has
ranging the site from a park
)cado site as a park and noted
suggested replacing buildings
Barry Aen `` ed a site pla>ffor a four story City Hall on the Police Department
4:and p' _ _ os o ]i& aloe -Santa Barbara.
Mary, arret lake expressed support for Mr. Ficker's plan and encouraged Council
to stuff this pt further. She believed that the Avocado site isn't a prime park site.
Tom Cpourtney noted that Corona del Mar does not have enough park land and
expressed support for maintaining the Avocado site as a park.
Bernie Svalsted noted that Council voted six months ago to take this site off the list
t jiotential City Hall sites and Council did it again by approving the General Plan.
e emphasized that people are mainly wanting a centralized City Hall, but
recommended taking the Avocado site off the list again.
Debbie Allen noted that a resident committee raised $1.2 million last year. She read
a letter from Suzy Ficker that indicated that with the expansion of Newport Center
in 1976, The Irvine Company was required to dedicate the Avocado site as open
space in perpetuity by the Coastal Commission. She presented a petition signed by
all EQAC members and indicated that she would provide the City Clerk with the
names of the supporters of the park in attendance tonight.
Elaine Linhoff noted that she hasn't had problems getting off the Peninsula and City
Hall doesn't cause traffic problems. She expressed support for maintaining the
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City Council Minutes
July 25, 2006
Avocado site as a park.
Hugh Logan expressed support for maintaining the Avocado site as a park.
Larry Porter agreed that Council shouldn't consider this site.
Ron Hendrickson expressed support for Mr. Fickees plan and suggested dealing
with the park site separate from where City Hall should be. He believed that City
Hall should be in a central location and that the City should look at the Santa
Barbara site. a
John Nelson, City Hall Site Review Committee member, re d that the
Committee reviewed feasible sites and narrowed the list to Corporate Plaza
West site and the current location. He expressed concern a costs due to the
delays and expressed opposition to putting this on the b
Karen Tringali noted that this decision has
legal, binding agreements associated with tl
Council Member Curry stated that he iss'" F
Center, but explained why he is not willin
for City Hall. He discussed the merits o
Department and fire station ndicated that
an alternative so Council can s option.
site for a new Citv Hall and hafe it
decided and`Wt there are
consider a City Hall
using Newport Cenfe`r Park
City Hall with the Police
needs to ask staff to develop
the Newport Center Park
Ridgeway as ouncil to consider the economic, cultural, and
✓ing City Ha ff of the Peninsula would have on the community.
Counc a ichols believe that Council should consider Newport Center Park
City be costs sting zoning, and the large acreage of land. He
t sue ut having ' er natural park. He believed that the new City Hall
soul a pai r by selling the current City Hall site. Further, a City Hall on the
park won eate traffic problem, the site has better access, and it is below the
view ne.
Coun#1 Member Daigle suggested conducting an unbiased comparison of the Police
Dep tment site, Avocado site, and current City Hall site, and believed that it is
pr,4mature to put this to a vote or to remove the park site from consideration. She
ggested reconvening the City Hall Site Review Committee to review costs, safety,
impacts on neighborhoods, access, traffic, and transitional issues during the move.
She recommended doing a public facilities study.
Mayor Webb noted that the staff report indicated that the site had no fatal flaws and
that the Ficker proposal was feasible. He suggested keeping the park site on the list
for evaluation, noting that the CIOSA agreement has already been modified once.
He expressed concern about the Police Department site because there are too many
issues.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
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City Council Minutes
July 25, 2006
Council Member Ridgeway
Noes: Mayor Webb, Council Member Daigle
Abstain: Council Member Nichols
Motion by Council Member Selich to evaluate alternative sites in Newport
Center.
Council Member Selich recommended referring this to the Building Committee so
they can work with staff on how to proceed.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor o Tern Rosansky,
Mayor Webb, Council Member Daigle, Council Membe i is
Noes: Council Member Ridgeway
P. CURRENT BUSINESS
21. PROPOSED BALLOT MEASURE — ENDMENT TO THE
PLAN. [391100 - 2006],
City Clerk Harkless provided the staff re , Assistant City Manager Wood
indicated that the change k hour trips'lWgd the addition of two tables was
reviewed during Item 18 (YeYal Ian Update) = discussions. She also noted that
Figure LU13 has been revised`'
K
In response to Council's questjions abo the'guments and who can sign
the argume ity Clerk Harlcless d a sec rem the Elections Code relative
to sett' prio ties. City ey Clausen believed that only those Council
Me rs assig ed can sign the argument. She indicated that this doesn't preclude
others'
am s milting an argument, but Council will have priority over anyone else
or enti
Ree egal Cou ' =utan and Tucker, indicated that other jurisdictions
hav terp d the Elections Code to be able to assign one Council Member to be
the p ary a or of the argument in favor of the ballot measure and one Council
Mem to be primary author of the argument in opposition to the ballot
meas e, and all w those Council Members to get the remaining argument signers
whe er they are Council Members or not. He confirmed that, if you assign all five
aut rs for the argument in favor of the ballot measure, then Council has limited
t ability to add non - Council Members to the argument. City Attorney Clausen
ded that, if Council gives themselves authority to write the arguments but doesn't
write one and another party does, that party's argument will be published if they
were next in priority.
Motion by Council Member Ridgeway to a) adopt Resolution No. 2006 -77
ordering the submission of a proposed measure to the voters at the General
Municipal Election on Tuesday, November 7, 2006; b) adopt Resolution No. 2006 -75
requesting the Board of Supervisors of the County of Orange to consolidate a
General Municipal Election to be held on Tuesday, November 7, 1006, with the
Statewide General Municipal Election to be held on the same date pursuant to
Section 10403 of the Elections Code; and c) adopt Resolution No. 2006 -79 setting
priorities for filing (a) written argument(s) regarding a City measure, with Mayor
Webb being the lead author for the argument in favor of the ballot measure and
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City Council Minutes
July 25, 2006
Council Member Nichols being the lead author for the argument in opposition to the
ballot measure, and directing the City Attorney to prepare an Impartial Analysis.
Substitute motion by Council Member Dai le to have citizens write the
argument.
City Clerk Harkless clarified that this would be done by not adopting Resolution No.
2006 -79 which gives Council first priority. She indicated that this doesn't preclude
an individual Council Member from submitting an argument, and based on the
Elections Code criteria, it will need to be determined which argument ha priority.
She confirmed that, by not adopting the resolution, Council may be I g itself out
of the top priority standing. She reported that arguments are d t 5:30 p.m. on
Tuesday, August 8, 2006. She also clarified that all Council bers can sign the
argument but only the first five signatures will be printed.
Motion died for lack of a second.
Following discussion, Mayor Pro Tem Rosa s
be changed to read, "Shall the Land U_ ,El
Plan be amended to provide for a reducti
vehicle trips, including 1,121 morning and
reducing non - residential deve-lument square
concurrently increasing the
Ron Winship agreed that Co cil sh
should be able to select other s ers for
that the balftlanguage
eep�"of the Newport Bea eneral
an estimated 28,920 aver daily
evening peak hour vehicle trips, by
dwSage by 449,499 square feet while
elling units by 1,166 units ?"
Council Member and they
Phil Arst 1 ue with the right ballot Ian` iiage, believing that the General
Plan sn't re cc trips and is only a reduction on paper. Further, this
app ch was used for GreI's ballot measure language. Regarding the
issue o s o being a reducti n on paper, City Attorney Clauson emphasized that
arter uires a aper analysis of the existing General Plan and the
sed endment, - actually an amendment to the entire Land Use
Ele t.
Mayo ro Te osansky emphasized that Greenlight II and the General Plan
Upda measur aren't connected legally and the ballot measures are different
Member Nichols took issue with the numbers, believed that this is an
domain issue, and indicated that this is why he will not support this. City
Clauson clarified that this is not an eminent domain issue.
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City Council Minutes
July 25, 2006
Substitute motion by Mayor Pro Tern Rosansky_ to adopt Resolution Nos. 2006-
77, 2006 -78, and 2006 -79, and amend the ballot measure language to read, "Shall
the Land Use Element of the Newport Beach General Plan be amended to provide
for a reduction of an estimated 28,920 average daily vehicle trips, including 1,121
morning and 958 evening peak hour vehicle trips, by reducing non - residential
development square footage by 449,499 square feet while concurrently increasing
the number of residential dwelling units by 1,166 units ? ", and authorize Mayor Don
Webb (Council Member in Favor) and Council Member Richard Nichols (Council
Member Against), to file (a) written argument(s) regarding the City measure,
accompanied by the printed name(s) and signature(s) of the author(s) subuYitting it.
The substitute motion carried by the following roll call vote:
s
Ayes: Council Member Curry, Council Member Selich, M, ' or Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Coq Member aigle, Council
Member Nichols
22. PROPOSED CHARTER AMENDMENTIM[3' THE USE O MINENT
DOMAIN. 1391100 -20061
Council Member Curry noted that the State k no action on this issue and believed
that it is important to establis this principa n the City. He confirmed that this
measure will prohibit publi gs for privateconomic development purposes;
however, it will not inhibit t ability to take property for legitimate public
purposes.
Motion bauncil Member urry a solution No. 2006 -80 calling and
giving no tio a holding of ral Municip `Election on Tuesday, November
7, 20Q�or the bmission of oposed Charter amendment; b) adopt Resolution
No 2106 -81 r questing the and of Supervisors of the County of Orange to
consoli8 to a, eneral Municipa Election to be held on Tuesday, November 7, 2006,
th the eral Ele ion to be held on the same date pursuant to Section
1 of Elections c) adopt Resolution No. 2006 -82 setting priorities
for g (a ritten argument(s) regarding a City measure, with Council Member
Curr eing lead author for the argument in favor of the ballot measure, and
direct g the Ci ttorney to prepare an impartial analysis.
Ron Iff mship agreed that there should be no taking of private property for private
inugtry and commended Council for this action.
I e 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
23. DESIGNATION OF VOTING DELEGATE FOR 2006 LEAGUE ANNUAL
CONFERENCE - SEPTEMBER 6 - 9, 2006 IN SAN DIEGO. 1100 -20061
Motion by Council Member Curry to designate Mayor Webb as the City's Voting
Delegate for the Conference.
The motion carried by the following roll call vote:
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City of Newport Beach
City Council Minutes
July 25, 2006
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
Q. MOTION FOR RECONSIDERATION - None.
R. ADJOURNMENT - at 12:25 a.rrL on Wednesday, July 26, 2006.
The agenda for the Regular Meeting was posted on July 19, 2006, at 3:35 p.m on
the City Hall Bulletin Board located outside of the City of Newpo Beach
Administration Building. The supplemental agenda for the Regular eting was
posted on July 21, 2006, at 2:30 p.m on the City Hall Bulletin bard located
outside of the City of Newport Beach Administration Building.
City Clerk
Volume 57 - Page 762