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HomeMy WebLinkAbout01 - Minutes - 10-10-2006Agenda Item No. 1 October 24, 2006 CITY OF NEWPORT BEACH City Council Minutes Study Session ,October 10, 2006 — 4:00 p.m ROLL CALL Present: Council Member Curry, Council Member Selich, Mayor Pro Tem sans ayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CON C ENDAR In response to Council Member . Nic qu on regarding Item (Continued Employment Waiver from PERS for Police C ity Manager Bludau repo d that this waiver allows the Police Chief to work the six months of the calendar year. He clarified that the Police Chief ary is still th me, the agreement has not changed, and the contract runs until Jun 07. 2. HOUSEHOLD HAZARDOUS WAS LK IT PICKUP OVERVIEW AND OPTIONS FOR ADDITIONAL ERVIC -20 Administr ' at Marcare d a PowerPoint presentation to highlight the six catego ' of Hou hold Hazard ante (HHW) and displayed maps of where residents can c tly dr off either 15 llons or 125 pounds of HHW in the County. He noted that this or n is also ava' ble on the City's webpage. He discussed the noticing s an real ste Regulation has increased the number of violation note ein ritten. e g ted the programs that surrounding cities use and the estim sta costs for each program. He indicated that staff recommends having a recyclin llec center at the City yard so residents wouldn't have a limit on how many times t drop o HW and can drop off HHW during set hours. He reported that the start u t of $1 5,000 includes an additional position, the purchase of a vented HHW storag t, disposal costs, permits and fees, and program supplies. He indicated that, if Coun supports this program, staff can pursue grants to help offset the startup costs and will ork on the program with the goal of adding it into the General Services budget for t next fiscal year. In response to Council questigns, Administrative Analyst Marcarello indicated that the residents would still be required to comply with the 15 gallon or 125 pound HHW limit per visit. He reported that, if the City finds HHW, it is brought to the City yard and taken away by an environmental services company. He indicated that all City facilities have battery boxes so the public can safely dispose of batteries. Council Member Ridgeway suggested that the boxes also be placed in the trash trucks. He discussed potential funding sources through one -time grants to defray the startup costs. He believed that the collection facility could be open 30 hours a week, but staff would also be dealing with cleanup, storage time, and disposal services. Volume 57 — Page 804 City of Newport Beach Study Session Minutes October 10, 2006 Regarding bulky item pickup, Deputy Director Pisani discussed the types of items they can and cannot collect with the current trash' trucks, and noted that there are fee -based hauling services that will take larger items. He indicated that hauling services are not posted on the City's website. He reviewed the programs that surrounding cities use and confirmed that this type of program requires a different truck than what the City uses. He reviewed the proposed Bulky Item Collection Program and reported that the truck would cost about $45,000 and the annual cost of the program would be about $70,000, which includes one additional refuse worker, disposal costs; and outreach material. He stated that this program can probably be implemented by April 2007. In response to Council questions, Deputy Director Pisani confirmed be on a reservation basis, similar to how the private companies h noted that his neighborhood used to get large bins to dispose Director Pisani indicated that some homeowner i residents; however, the concern is that people would items. He reported that the City services 28,000 re condominiums use commercial services, and Wa Bonita Canyon and Newport Coast and, as of tl per household twice a year. Council Mem elic per household. Council Member Ridgeway q on or $10 to help defray the cost. Council Member ii more fees for the residents. .ice v in HF units, la. .ent does We' service would it. Mayor Webb y items. Deputy service for their nd not just bulky apartments and kse collection in contract, coll ects bulky items culated that this ave es about $5 whether the City sho charge $5 indicated that she does not support Deputy Director Pisani indica t can br" back a report relative to the new position and the purchase of truc t can dered. Council Member Curry requested that the report comp this cos a pri to vendor's cost before making a decision. Co ember Ri wa xpress pport for bulky item pickup but suggests t a vate hauler a the City cvi h a bid so a comparison can be done betw t p ' and hiring a new person and buying a truck. He recommended loo ' varia one of the two grams and noted that all the other surrounding cities already S. City ager Bludau believed that other cities have these ms use a ge for refuse pickup. Mayor Pro Tem Rosansky sug d 1 g into alte g days for people to drop off HHW and bulky items. Louise den believed that even just having HHW drop off on Saturday mornings would a viate a of problems and recommended having bulky item pickup once a week or allo g people bring it to the yard. She received confirmation that fluorescent light bulbs a considered HHW and indicated that she's going to write something about this and t battery boxes in her community newsletter. 8. D ASTER PREPAREDNESS UPDATE. [100 -20061 Fire Chief Riley noted that concern increased as a result of the tsunami scare last year. He reported that a new disaster preparedness mailer was sent out this week and that a hotline number was set up to field calls generated by the mailer. Community Preparedness Coordinator Brisbois utilized a PowerPoint presentation to discuss his background and indicated that he is responsible for all community outreach programs related to disaster preparedness. He highlighted the information in the mailer and discussed his basic disaster preparedness presentation, neighborhood disaster preparedness course, and the Community Emergency Response Team (CERT). He noted that there are eight cities in Orange County with CERT programs. He indicated that his future projects include expanding the CERT program, marketing and teaching the Volume 57 - Page 805 City of Newport Beach Study Session Minutes October 10, 2006 neighborhood disaster preparedness course, and creating and developing a business disaster preparedness program. Emergency Services Coordinator Freeman utilized a PowerPoint presentation to discuss her background and responsibilities. She highlighted the City's disaster preparedness program and the training that's involved, and further discussed the Emergency Preparedness Committee (EPC). She noted that the Emergency Management Plan (EMP) is available on the City's webpage. She reviewed the events that led to the Tsunami Warning on June 14, 2005, and reported on how the City responded to the warning_ She reported that each department will be receiving the Tsunami Plan, re 'wed what is necessary to be considered a Tsunami Ready City, and noted that the thing the City needs to do to be Tsunami Ready is put up signs. She indicated t ey are proposing putting up Tsunami Hazard Zone signs near the lifeguard tower Tsunami Evacuation Route signs along Superior Avenue, Newport Boulevard m e Road, MacArthur Boulevard, Marguerite Avenue, and Newport Coast D ' . She no that the Tsunami Ready Program has been adopted by all the coastal in Orange Cthey hope to be Tsunami Ready by Decemb , 2 06. She note t the 100 foot elevation is a National Weather Services d an elieved that the concerned about debris and not just water height. ind' d that, when Ni the C s Tsunami Ready, the National Weather Service will co ore Council and officially 'ze the City as being a Tsunami, Ready City. In response to Council question sirens can cost between $250, Newport -Mesa Unified School children on the Peninsula beca emphasized t d for Comm notify rea' is ' hey receive lookiiigAffto red' o gtheir web the Ci s vid streaming o anI tsunAhkis bfiaa very low and rgency Servi Coordinator Freeman indicated that million. a Chief Riley explained that the riot to dev a plan to evacuate the school the Ci of h the capability to do this. He y e cation tested that the City may be able to rly Tsunami arming. He reported that they are be a better community education tool, especially since lities. He noted that they conducted a hazard analysis bility. He indicated that, due to the tsunami planning, uake Plan and other hazard - specific plans. He noted areas would be different in a Flood Plan compared to UPPER NEWPORT BAY AND THE BACK BAY SCIENCE [381100 -20061 ,y Manager Kiff utilized a PowerPoint presentation to discuss the contents of dewport Bay Naturalists and Friends' (UNBNF) September 7 letter. He t the Upper Newport Bay Ecological Reserve (UMBER) is 750 acres and highlighted what entities hold its title. He noted that former State Senator Johnson helped create a $200,000 a year appropriation for UNBER that is to be used for major UNBER projects, like restoration, not staffing. He reported on the vacant Reserve Manager position, how the Department of Fish and Game (DF &G) handles their budget, and the need for Scientific Aides. He highlighted the different stakeholders' ideas about what programs to offer at the Back Bay Science Center (BBSC) and who those programs should be targeted toward. He displayed what the BBSC operating agreement states and believed that the City should convene the Teaching Lab Design Team, help facilitate an agreement relative to the curriculum, start working with UNBNF on donor opportunities for Teaching Lab equipment, continue dialogue with DF &G, consider supporting DF &G financially to get a full-time Reserve Manager just for UNBER, and consider some type of Volume 57 - Page 806 City of Newport Beach Study Session Minutes October 10, 2006 revenue stream to ensure continuity with Scientific Aides. In response to Council questions, Assistant City Manager Kiff indicated that the curriculum consists of marine or underwater activities, and is oriented towards younger children. He confirmed that one of the BBSC wings will be used for water testing, but that hasn't been built yet. He indicated that the intent of having everyone in the same building was to have mutual cooperation. He noted that the DF &G sent a letter today taking issue with the UNBNF's letter. He indicated that he isn't sure if the City can demand the money from DF &G but may be able to sign an agreement to be their contractor. He clarified that, taking over the Reserve from DF &G would require legislatio and a level of trust from the environmental community; however, the City may be to enter into some type of collaboration with DF &G. Dennis Baker, UNBNF, noted that their focus is on and education about the Bay. He believed that the c school students and that they should follow i curriculum. He indicated that they were not awsmo used, especially since it could've been used fo sto lack of trust about the City being able to Nnage based on events that involve The Irvine Cothe facility, but knows of people who like will always have a presence in er Newto enforce environmental law rot UNBNF has been paying for the ci Aides. restorat' , t protection of species, ur m NCitywo d for high alifornia mmission hat the moneif it is not a ' . He agre is some program, buspicion is : hoped that thtake over way they are. at DF &G ecause th ey are charged by the State tiered species. He pointed out that Lori Keisser, Chair of the Sierra lub Tas for U r Newport Bay, Board Member for Friends of r, Beaches a Par and a , stated that the programs at the Muth Cent are or K -3rd gr and emphas d the importance of the outreach progr t Shell aker that a ared for children in the 4th -6th grades. Ray W' s, fessor of Biolo at Rio Hondo College, expressed support of the City Bing still ha DF &G handle protecting the endangered species. He no at City has y invested in the BBSC project than any other entity. He de bed t type of DF& employee that the BBSC needs. He noted that the DF &G's assi is ha roadened but their training hasn't and asked Council to become active particip is in g g this facility done right. He stated that the volunteers are ready to help the 'ty in way they can. Irwin aydock stated that he has been appointed as the UNBNF Scientific Advisor. He disc ed a conference he attended in which a new educational program involving W gton, Oregon, and California was discussed. He agreed that the BBSC would be served by the City's leadership and added that he feels The Irvine Company has come a long way and does want to do the right thing. Roger Mallett, part -time UNBNF Executive Director, reported that he facilitated the development of a comprehensive cooperative policy for the Management Coalition which also developed a comprehensive matrix so there is no competition with each other's programs. He suggested that people look at the, facility's original mission statement. He believed that the DF &G is reluctant to accept assistance in developing the BBSC because they don't want to lose control. He noted that the City needs to protect its investment, commended the City for its interest in a collaborative effort, and requested that the City approach DF &G about getting a full-time Research Manager with the right credentials. Volume 57 - Page 807 City of Newport Beach Study Session Minutes October 10, 2006 Mayor Pro Tem Rosansky expressed support for convening all the entities. Council Member Ridgeway stated that there has to be a way to come together to create a research and educational facility, along side the DF &G. Mayor Webb emphasized that The Irvine Company is still a valuable resource to the City and has dedicated 37,000 acres as a national landmark, dedicated 50,000 acres within the County, and invested $50 million into programs to maintain those facilities over the years. PUBLIC COMMENTS -None. ADJOURNMENT - 6:00 p.m. The agenda for the Regular Meeting was posted on October 41 20069 :20 p.m on the City Hall Bulletin Board located outside of the City of Newport ch Administration Building. Volume 57 - Page 808 CITY OF NEWPORT BEACH City Council Minutes �� Regular Meeting _ Afi�. October 10, 2006 — 7:00 p.nL - 4:00 p.m CLOSED SESSION - 6:00 p.m A. RECESSED AND RECONVENED AT 7.00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols C. CLOSED SESSION REPORT City Attorney Clauson reported that the City Council approved the City moving forward with the City of Tustin to file a legal challenge to the Environmental Impact Reports (EIR's) for two projects in the City of Irvine. D. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Rosansky E. INVOCATION - Rev. Dr. Deborah Barrett, Zen Center of Orange County, Costa Mesa F. PRESENTATIONS Junior League of Orange County Proclamation. Mayor Webb presented a proclamation to Angie Roe, Truly Boring, Anna Lisa Biason and Sandra Gee of the Junior League of Orange County proclaiming the week of October 14 -18, 2006, as Junior League of Orange County, California Week. Ms. Boring announced that "The Christmas Company" would be taking place at the Newport Dunes from October 15 - 18, 2006, with the opening gala on October 14, 2006. Additional information and tickets can be .obtained by accessing the League's website at www.jlocc.org. Centennial Committee Recognition. Mayor Webb announced that the Centennial Book is on sale for $25 at Recreation Services, the Central Library and through the City's website. Former Recreation & Senior Services Director Marie Knight presented certificates of appreciation to Chair Sharon Esterley and the members of the "Let's Do Launch Committee ", and to Chair Dayna Pettit and the members of the "100 Years Between the Piers Committee ". Ms. Knight reported that there were over 1500 volunteers who assisted with the Centennial events throughout the year. She also acknowledged and thanked City staff members, with special recognition given to the Recreation & Senior Services Department. Mayor Webb complimented the efforts of all those involved. National Community Planning Month Proclamation. Mayor Webb presented a proclamation to . Planning Director Temple proclaiming October as National Community Planning Month. Planning Director Temple briefly reported on the projects accomplished by Volume 57 - Page 809 City of Newport Beach City Council Minutes October 10, 2006 the Planning Department during the past year. G. NOTICE TO THE PUBLI H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED 9N A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT INON- DISCUSSION ITEM): Council Member Curry announced that on September 20, 2006, he attended a workshop with Newport Coast residents regarding the continued closure of Pelican Hills Road. He stated that it is unacceptable for the road to remain closed for an additional two years, as requested by The Irvine Company. Council Member Curry requested that the City conduct an independent evaluation of the remaining construction activity, with the goal of opening the road as soon as it is safe and practical, and that this information be provided at the City Council meeting of November 14, 2006. Council Member Nichols requested that beach parking problems be addressed at a future meeting, with consideration given to possibly making the system more strict. Council Member Daigle agreed that a report should be brought back to the City Council within the next six weeks on how the City is addressing the beach parking issue, particularly in Corona del Mar. Council Member Daigle stated that some cities are adopting resolutions in support of Proposition 83, Jessica's law. She requested that a similar resolution be brought to the City Council for consideration. Council Member Ridgeway also agreed with Council Member Nichols' request to address the beach parking issue and to possibly consider nighttime restrictions. Council Member Ridgeway complimented the "100 Years Between . the Piers" event, and thanked all those who were involved and participated. Mayor Pro Tem Rosansky announced that the groundbreaking for the children's Secret Discovery Garden at the Central Library was recently held, and that the project should be completed by the end of the year. Mayor Webb announced that most of the Council Members .attended the Irvine Ranch National Natural Landmark dedication ceremony earlier in the day at Reef Point. He stated that The Irvine Company has created a $50 million fund to maintain the 37,000 acres that have been landmarked. Mayor Webb announced that the City has mailed out official disaster preparedness information to all residents in the City. He noted that the Fire Department has two staff members devoted to emergency preparedness and they are Matt Brisbois, Community Preparedness Coordinator, and Katie Freeman, Disaster Preparedness Coordinator. Mayor Webb complimented the "100 Years Between the Piers" event and all those involved. I. CONSENT CALENDAR READING OF WNUTES✓ORDINANCES AND RESOLU7TQN 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETINGS . OF SEPTEMBER 26, 2006. Waive reading of subject minutes, approve as written Volume 57 - Page 810 City of Newport Beach City Council Minutes October 10, 2006 and order filed 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. CONTRACTS AND AGREEMENTS 4. UTILIZE URBAN AREA SECURITY INITIATIVE (UASI) FUNDS TO PURCHASE MULTI - DISCIPLINE COMMAND VEHICLE AND INTEROPERABLE COMMUNICATIONS EQUIPMENT (C- 3889). [38/100- 20061 1) Accept UASI grant funds to purchase a Multi - discipline Command Vehicle for $65,000; 2) accept UASI grant funds to purchase Interoperable Communications Equipment for $62,000; 3) authorize a budget amendment (07BA -017) increasing revenue estimates by $127,000 in 2351 -4866, UASI Grant, and increasing expenditure appropriations by $65,000 in 2351 -9030, UASI Grant Vehicle, and by $62,000 in 2351 -9031, UASI Grant Equipment; and 4) approve a sole source contract with 911 Vehicles with an amount not to exceed $65,000 for the Command Vehicle, and Motorola with an amount not to exceed $62,000 for the Interoperable Communication Equipment. 5. CITYWIDE COST ALLOCATION PLAN AND COST OF SERVICES STUDY. 138/100 -20061 Authorize the City Manager to execute a Professional Services Agreement (C -3890) in substantially similar form to the submitted draft agreement with Public Resource Management, LLC (PRM), to develop a defensible cost allocation plan and to identify and analyze the cost of providing City services. City Manager Bludau noted that the action for this item previously included a budget amendment, which was removed from the staff recommendation. 6. AGREEMENT FOR COLLECTION OF SCHOOL FEES PURSUANT TO EDUCATION CODE SECTION 17620 (C- 3891). [381100 -20061 Approve the Agreement with the Newport-Mesa Unified School District to allow the City to collect development fees on behalf of the School District. APPROVAL OF AN AGREEMENT WITH THE COUNTY OF ORANGE FOR THE BRISTOL STREET NORTH - STREET REHABILITATION (C- 8815). [381100 -20061 Approve the proposed Agreement between the City of Newport Beach and the County of Orange .to add resurfacing of the County owned portions of the intersection at Bristol Street North and Campus Drive as a part of the Bristol Street North between Campus Drive and Jamboree Road Street Rehabilitation project and authorize the Mayor and City Clerk to execute the Agreement. 8. DONNA AND JOHN CREAN MARINERS BRANCH LIBRARY AND TENNIS COURTS - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3496). 1381100 -20061 Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 9. REQUEST FOR PROPOSALS (RFP) - WIRELESS FIDELITY ffi -FVP NETWORK ACROSS NEWPORT BEACH (contd. from 9126106) (C- 3887). 1381100 -20061 1) Authorize the City Manager to issue a Request for Proposals (RFP; Volume 57 - Page 811 City of Newport Beach City Council Minutes October 10, 2006 for wireless communication facilities citywide in a manner similar to the draft RFP attached to the staff report; and 2) direct that responses to the RFP be brought back to the Media.& Communications Committee for further review and recommendation. 10. ACCEPTANCE OF U. S. DEPARTMENT OF JUSTICE 2006 BYRNE GRANT. 1100 -20061 1) Accept for administrative purposes, the U. S. Department of Justice, Office of Justice Programs 2006 Byrne Grant Award in the total amount of $24,681 for the Orange County Integrated Law and Justice Project; 2) authorize the Administrative Services Director to establish revenue and expenditure accounts in the Capital Improvement Budget to facilitate the administration of these grant funds; and 3) authorize the Chief of Police to sign the FY06 Office of Justice Programs 2006 Byrne Grant Award Acceptance Form, accepting the Grant Allocation. 11. ACCEPTANCE OF 2005 -2007 STATE OF CALIFORNIA, OFFICE OF TRAFFIC SAFETY (OTS) DUI PROGRAM GRANT FUNDS. [100 -20061 1) Accept the 2005 - 2007 State of California, OTS DUI Grant Award not to exceed $298,384.74 for the purpose of DUI enforcement patrols and DUI checkpoints; 2) authorize the Administrative Services Director to establish an account to facilitate the administration of these reimbursement grant funds; and 3) authorize the Chief of Police to sign appropriate grant acceptance documents. 12. APPOINTMENTS TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). 1100 -20061 Confirm Council Member Ridgeway's appointment of Kimberly Jameson to the District 1 regular member seat and Bruce Asper to the District 1 at -large seat on the Environmental. Quality Affairs Committee (E(QAC). Motion by Mayor Pro Tern Rosansky to approve the Consent Calendar, except for the item removed (3); and noting the amendment to Item No. 5. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols J. ITEMS REMOVED FROM THE CONSENT CALENDAR CONTINUED EMPLOYMENT WAIVER FROM PERS FOR POLICE CHIEF (C- 2954). 188/100 -20061 Dolores Otting expressed support for Chief McDonell, but stated that the public should know that the Police Department is not fully staffed and that there is also a morale problem within the department. Brenda Martin expressed her agreement with the comments of Ms. Otting City Manager Bludau reported that the Police Department is currently short by eight positions. Council Member Curry noted that the shortage isn't due to a shortage of applicants, it's because the City has such high standards for police officers. Council Member Nichols expressed support for the Integrated Law & Justice Volume 57 - Page 812 City of Newport Beach City Council Minutes October 10, 2006 System, and stated that he would like to see it implemented. Motion by Mayor Pro Tem Rosanskv_ to adopt Resolution No. 2006 -90 to the California Public Employees Retirement System (CalPERS) as required by law to allow Chief McDonell to continue his employment with the City until June 30, 2007, at which time he will leave the service of Newport Beach.. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols K. PUBLIC HEARINGS 13. KOLL CENTER NEWPORT, 4450 MACARTHUR BLVD., GENERAL PLAN AMENDMENT NO. 2006 -003, PLANNED COMMUNITY DEVELOPMENT AMENDMENT NO. 2006 -001 (PA2006 -095) - MITIGATED NEGATIVE DECLARATION AND GENERAL PLAN AMENDMENT TO INCREASE THE TOTAL GROSS FLOOR AREA OF GENERAL OFFICE IN SUB -AREA 1 -1 (OFFICE SITE A) OF THE AIRPORT AREA (STATISTICAL AREA L4) BY 24,016 GROSS SQUARE FEET; AND AN AMENDMENT TO THE KOLL CENTER NEWPORT PLANNED COMMUNITY (PC -15) TO ALLOW THE TRANSFER OF 24,016 GROSS SQUARE FEET OF UNUSED RETAIL, RESTAURANT AND OFFICE SQUARE FOOTAGE FROM OFFICE SITE B TO OFFICE SITE A (PROPOSAL TO CONSTRUCT A 21,311 SQUARE FOOT, TWO-STORY OFFICE BUILDING OVER A SUBTERRANEAN PARKING GARAGE ON A 1.49 -ACRE SITE AT 4450 MACARTHUR BOULEVARD). [100 -20061 Associate Planner Ung provided a brief staff report on the request of the Koll Company to construct a two- story, 21,000- square foot office building to function as their new corporate headquarters. Motion by Council Member Daigle to approve the request by adopting Resolution No. 2006 -91 approving General Plan Amendment No. 2006 -003 and adopting Mitigated Negative Declaration (SCH No. 2006- 081039); and introducing Ordinance No. 2006 -21 approving Planned Community Development Amendment No. 2006 -001, and pass to second reading on October 24, 2006. Mayor Webb opened the public hearing. Hearing no testimony, Mayor Webb closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 14. PLANNED COMMUNITY DEVELOPMENT AMENDMENT NO. 2006 -004 (PA2006 -173) - AMENDMENT TO THE AERONUTRONIC FORD PLANNED COMMUNITY DEVELOPMENT PLAN PROHIBITING NEW RESIDENTIAL SUBDIVISIONS IN PLANNING AREA 5. [100 -20061 Assistant Planner Bunim provided a brief staff report regarding the request from Volume 57 -Page 813 City of Newport Beach City Council Minutes October 10, 2006 the Belcourt Homeowners Association to reduce the number of dwelling units and prohibit subdivisions in the Aeronutmnic Ford Planned Community. Mayor Webb opened the public hearing. Hearing no testimony, Mayor Webb closed the public hearing. Motion by Council Member ai¢le to approve Planned Community Development Amendment No. 2006 -004 by introducing Ordinance No. 2006 -22 and pass to second reading on October 24, 2006. Both Council Member Daigle and Council Member Curry acknowledged the importance of the matter to the Belcourt community. 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 L. PUBLIC COMMENTS Robert Hanley stated that the residents of West Santa Ana Heights still desire to be annexed into the City of Newport Beach, and if it is not going to happen, they want to be told. John Heffernan presented a handout detailing the compensation being given to City employees and the increases that have occurred during the past four years. He stated that the public should be aware of the amount being paid to City employees and how it compares to the Marine Corps. Chris Sullivan addressed Item No. 9, Request for Proposals - Wireless Fidelity Network, and outlined several issues and questions that she stated were not addressed in the staff report. Mayor Webb noted that the item was approved as a part of the Consent Calendar earlier in the meeting and suggested that Ms. Sullivan share her information with Assistant City Manager Kiff. Dolores Otting listed several ways that the City could improve its disaster preparedness plan. She stated that the recent mailer was a good first step, but that more needs to be done. Louise Fundenberg, President of Central Newport Beach Community Association, thanked the City for the "100 Years Between the Piers" event. Michael Glover stated that he is a candidate for the California 70th District State Assembly. He provided information on his qualifications and stated that it would be a privilege to serve the 70th District. Additional information can be obtained at www.michaelglover.org. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None N. PLANNING COMMISSION AGENDA. AND ORAL STATUS REPORT 15. PLANNING COMMISSION AGENDA FOR OCTOBER b, 2006. (100 -20061 Plana' g Director Temple reported on the following Planning Commission items: Big Canyon Country Club (PA2006 -160) - 1 Big Canyon Drive; Review of the Annual Housing Element Implementation Plan; and Newport Bay Marina (PA2001 -210) - Volume 57 - Page 814 City of Newport Beach City Council Minutes October 10, 2006 2300 Newport Boulevard. In response to Council Member Selich's question, Planning Director Temple stated that the Newport Bay Marina item would not automatically come before the City Council for approval. O. CONTINUED_BUSINESS 16. MARINA PARK CONCEPT PLAN - PROPOSAL FOR A PARK + VISITOR - SERVING (SHORT -TERM STAN MARINA. (73/100 -20061 Using a PowerPoint presentation, Assistant City Manager Kiff displayed the concept plan for Marina Park known as the "Park '+ Marina Plan ", as provided in the staff report. He also displayed the comments in support of the concept plan from both the American Legion and the Girl Scout Council of Orange County. Assistant City Manager Kiff explained that if the City Council is in general agreement with the concept plan, staff would recommend that the preliminary design phase begin. This would include testing the concept, additional community outreach and refinement of the plan. Concurrently, staff would work with the American Legion on an amendment to their lease with the City. The second phase would involve design development and permitting, and the third phase would begin construction. Council Member Ridgeway noted that the visitor marina services building is only proposed to be one story, not two stories as indicated in the concept plan. Council Member Nichols questioned several aspects of the plan as it pertains to the American Legion and received clarifications from Mayor Webb and Council Member Ridgeway. Both suggested that Council Member Nichols meet with Assistant City Manager Kiff to obtain more information. Council Member Nichols expressed his concern that the American Legion isn't getting enough space. Council Member Curry commended those that put the plan together. He stated that it reflects the City Council reaching out to create a consensus on what was a very divisive issue. Assistant City Manager Kiff thanked those who participated, and also acknowledged the cooperative spirit. Tom Billings, founder of Protect Our Parks, thanked the residents, the supporters of "No on L ", RabbenlHerman Design and Council Member Selich. He stated that there is still work to do, but that it's a great victory for the community and he looks forward to the project moving forward. Lastly, Mr. Billings recommended that a project advisory team be created and he listed the members that he would recommend it include. It was the general consensus of the Council Members to move forward with the staff recommendations, as outlined earlier by Assistant City Manager Kiff. P. CURRENT BUSINESS 17. COUNCIL POLICY MANUAL UPDATE FOR 2006. (100 -20061 Assistant City Manager Kiff stated that the Council Policy Manual is provided on Volume 57 - Page 815 City of Newport Beach City Council Minutes October 10, 2006 the City's website and provides guidance to staff on various matters. He noted that Mayor Webb is suggesting that (E)(3)(b)(v) of Council Policy L -12, Oceanfront Encroachment Policy, be changed to read, "New plant materials that have been approved under a separate California Coastal Commission permit" Assistant City Manager Kiff also noted that the staff recommendation includes a revision to Council Policy K -9, Code Enforcement. Motion by Mayor Pro Tem Rosansky to approve the proposed revisions to Council Policies B -4 B -6, B -13, F -3, F-8,1-2,1-3,1-4,1-7,1-8, K -9, L -1, L -2, L -12 (as amended), L -16 and L -23, and the addition of Council Policy B -5. 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 18. COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE AND ORANGE COUNTY DEVELOPMENT AGENCY (C -3885) REGARDING THE FOLLOWING ISSUES WITHIN OR ADJACENT TO THE CITY'S SPHERE OF INFLUENCE ("SPHERES ISSUES'): JOHN WAYNE AIRPORT, SANTA ANA HEIGHTS, NEWPORT BAY. [381100 -20061 Using a PowerPoint presentation, City Manager Bludau provided information on the history involved in working with the County on spheres issues. He stated that the proposed agreement includes matters pertaining to the John Wayne Airport (JWA), and the Santa Ana Heights Redevelopment Area including the Mesa -Birch Park and the proposed Mesa Drive Multi -Use Trail. In response to questions, City. Manager Bludau clarified that the cooperative agreement includes a provision stating that the County officially does not oppose any attempts by the City to delete a proposed Mesa Drive Multi -Use Trail from the Santa Ana Heights Specific Plan. He stated that this does not delete the trail nor does it delete it from the Specific Plan, and that these issues would be decided by the City Council at a future meeting. He further confirmed that the provision was included in the cooperative agreement at the request of Supervisor Silva. City Manager Bludau stated that the agreement also addresses two studies for the Newport Bay, including the Upper Newport Bay Nature Preserve and Lower Newport Bay services. Assistant City Manager Kiff responded to questions by Council Member Curry regarding the funding for the Upper Newport Bay study. City Manager Bludau provided additional clarifications for Council Member Nichols on both of the studies. City Manager BIudau reported that the Orange County Board of Supervisors will consider the agreement at their meeting on October 17, 2006. He outlined the implementation steps that would be taken if both the. City and the County approve the agreement, and stated that additional information can be obtained on the City's website or by contacting the City Manager's office. Council Member Selich confirmed that only the Specific Plan would need to be amended if the City Council decided not to construct the trail. He noted that it is included in the General Plan, and Assistant City Manager Wood stated that it shouldn't be and she would make the correction. City Attorney Clauson further Volume 57 - Page 816 City of Newport Beach City Council Minutes October 10, 2006 clarified that when the City annexed the Santa Ana Heights area, it agreed not to change the Specific Plan without the County's approval. The subject provision in the proposed cooperative agreement gives the authority for the City to do so, in regard to the trail only. Council Member Daigle confirmed that it does nothing to prevent the City from constructing the trail. Barbara Venezia, Chairman of the Santa Ana Heights Project Advisory Committee (PAC), stated that the PAC and the community support the multi -use trail. She stated that it's an important health and safety issue, and completes the local trail system. She accused Supervisor Silva of including the provision in the cooperative agreement because he knew it wouldn't stand alone before the Board. She requested that the trail issue be removed from the agreement. Carey Schultz stated that the public property that would accommodate the trail needs to be reclaimed from the private property owners who are currently encroaching on it. Mary Sloka provided, and read, a statement from Andy .Crean, which expressed his support for the trail and his opposition to the issue being included in the cooperative agreement. Mr. Crean s statement also clarified that his father has no position on the matter. Robert Hanley stated that the PAC is an appointed group and a special interest group. He stated that if they were an elected group, the funds would be used to benefit everyone. Brenda Martin read a letter from Holly Jarvis requesting that the trail issue be removed from the agreement. She spoke in support of the trail and stated that encroachments on public right -of -way should not be allowed. Tim Stokes submitted a letter written by Emily Crean Vogler to Supervisor Silva. He requested that, for safety reasons, the trail not be eliminated. Dolores Otting spoke against the trail issue being included in the agreement. She stated that the biggest threat to Newport Beach residents in regard to the airport is losing the 10.8 million passengers cap and that this is not included in the agreement. She spoke against several other aspects of the agreement. City Manager Bludau stated that the agreement is a tremendous achievement for the City in regard to the airport and protecting it from a second runway. Nancy Gardner spoke in support of the agreement and the benefit it provides to the residents in regard to the airport. Jayne Jones, President of the Back Bay Equestrians, stated that it is inappropriate to have the trail included in the agreement. She spoke in support of the trail and having it removed from the agreement. Stan Tkaczyk stated that the community is both in support of the agreement and removing the trail from it. Dennis Baker, Newport Bay Naturalists & Friends, stated that the Newport Bay Naturalists & Friends has no position on the horse trail. Secondly, he stated that the Newport Bay Naturalists &Friends does support the comprehensive resource Volume 57 - Page 817 City of Newport Beach City Council Minutes October 10, 2006 management plan for the bay included in the agreement. Mayor Pro Tem Rosansky stated that the City has worked hard on the agreement and needs all the protection it can get in regard to the airport. He also agreed that the City should determine if there will be a trail or not. Motion by Mayor Pro -'em Rosansky to 1) authorize the Mayor to execute a Cooperative Agreement with the County of Orange and the Orange County Development Agency (OCDA) in a manner substantially similar to the draft agreement provided with the staff report; 2) direct staff to forward the document to the Board of Supervisors for review and approval; 3) authorize the City Manager to make minor changes to the Agreement if requested by the County, provided such changes are reviewed and approved by the City Council's Ad Hoc Sphere Issues Committee; and 4) direct staff to provide a final executed copy of the Agreement to the City Council and make it available to the public via the City's website following execution by the County, as recommended by the City Manager and the City Council's Ad Hoc Sphere Issues Committee. Council Member Curry stated the agreement is a major accomplishment for the City in managing the airport, and that the horse trail issue will be addressed by the City Council in the future. Council Member Selich stated that although he's disappointed to see the trail issue included in the agreement, the ultimate decision on the trail will rest with the City Council. He stated that the agreement_ gives the City authority on the physical development of the airport and is a major accomplishment. Council Member Ridgeway stated that the policy decision on the trail will be made by the City. He acknowledged the time and effort that has gone into the agreement, and stated that We an excellent agreement. Council Member Daigle stated that the agreement provides another layer of protection for the community in regard to the airport, allows the City to have a more active role in the Upper Newport Bay and that the trail will be decided on by the City Council. She thanked those involved. Council Member Nichols also complimented the agreement. Mayor Webb noted that those in support of the trail will have better access to City Council Members than to County Supervisors, and should appreciate that they'll be dealing with the City and not the County on the trail issue. 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 S19. RESULTS OF FINAL TRAFFIC ANALYSIS OF GENERAL PLAN UPDATE. [681100 -8006] Assistant City. Manager Wood reported that the final traffic analysis for the updated General Plan has been completed and that the reduction in average daily trips from the existing General Plan is more than was estimated in July 2006. The actual number is 30,467 fewer trips in the updated General Plan than in the existing Volume 57 - Page 818 City of Newport Beach City Council Minutes October 10, 2006 General Plan. She reported that the number of intersections that would be operating below Level of Service (LAS) "D" also improved with the final run of the traffic model. Specifically, there are two intersections that would be operating below LOS "D" in the updated General Plan while the existing General Plan, upon buildout, has eighteen. In response to Council Member Nichols's question, Assistant City Manager stated that a copy of the traffic analysis can be obtained from the Planning Department. Council Member Ridgeway requested that a copy also be provided at the Central Library. Dolores Otting presented, and read, an email she received from a neighbor that contained several specific questions about the general plan. Ms. Otting stated that the City should provide more information to the public on the general plan. She also displayed a map of the Santa Ana Heights plan and questioned the correctness of the zoning. Council Member Ridgeway suggested that there be an effort to educate the public on the general plan and the reasons to support Measure V. Q. MOTION FOR RECONSIDERATION - None R. ADJOURNMENT at 9:42 p.m. in memory of Imelda Acuna. The agenda for the Regular Meeting was posted on October 4, 2006, at 3:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The. amended agenda for the Regular Meeting was posted on October 5, 2006, at 8:30 am. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on October .6, 2606, at 3:15 p.m. on the City Hall' Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 57 - Page 819