HomeMy WebLinkAbout01 - Minutes - 10-24-2006City Council Meeting
November .l4,'.2006
Agenda Item�No. 1
CITY OF NEWPORT BEACH
City Council Minutes DRAFT
Study Session Dj[
October 24, 2006 — 4:30 p.m.
ROLL CALL
Present: Council Member Curry, Council Member Selich, Mayor Webb, Council Member
Nichols
Absent: Mayor Pro Tem Rosansky, Council Member Ridgeway
Excused: Council Member Daigle
Mayor Pro Tem Rosansky and Council Member Ridgeway arrived later in the meeting.
CURRENT BUSINESS
L CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Council Member Nichols requested, additional information in regard to Item No.
21, Professional Services Agreement with Hogle - Ireland for Interim Planning
Director, and City Manager Bludau stated that he would meet with Council
Member Nichols prior to the evening meeting.
Council Member Ridgeway joined the meeting at 4:35 p.m
2. RENEWAL OF. INSURANCE BROKER OF RECORD PRESENTATION.
[100 -20061
City Manager Bludau stated that he placed this item on the Study Session agenda
to provide an overview of the City's property /casualty insurance for the newer
Council Members. Mayor Webb noted that the City Council would be taking action
on the item at the evening agenda, Agenda Item No. 9: Human Resources Director
Ramsey provided a brief introductory report.
Risk Manager Farley stated that Brown & Brown has been the City's broker of
record for property /casualty insurance since 2003 and has provided the City with
excellent service. She highlighted some of the information contained in the staff
report and recommended that the contract with Brown & Brown be renewed.
In response to Mayor Webb's question, Risk Manager Farley stated that Brown &
Brown procures insurance for the City at the best prices possible, and assists with
certificates of insurance for capital improvement contracts. Brown & Brown also
assists with unusual situations, such as the special event policies that were
required for the Centennial celebrations.
Mark Zahoryin, Brown & Brown, stated that Brown & Brown is the seventh
largest brokerage firm in the United States, with approximately 133 offices in 33
states.
Volume 57 — Page 820
City of Newport Beach
Study Session Minutes
October 24, 2006
Mayor Pro Tem Rosansky joined the meeting at 4:50 p.m.
Mr. Zahoryin described the market conditions that he is anticipating for 2007, and
specifically stated that excess general liability renewal rates are expected to be
stable and excess workers compensation rates are expected to be flat or possibly
decrease. The master property policy premiums are also expected to be flat or
decrease. Mr. Zahoryin stated that the premiums for earthquake, flood.and pier
insurance are.anticipated to increase by as much.as 100 %, with a reduction in
limits and an increase in deductibles.
Mr. Zahoryin explained why the, changes are anticipated and what has occurred
over the past three years in regard to the property insurance market.
In response to Mayor Pro Tem Rosansky's question, Mr. Zahoryin stated that the
recommended liability insurance level for contracts varies depending on the size
and scope of the operation. In general, he stated that $2 million per occurrence is a
good starting point. In response to an additional question by Mayor Pro Tem
Rosansky, City Attorney Clauson stated that the City's current basic contract
requirement is $1 million. Mayor Pro Tem Rosansky requested that this amount
be reviewed.
In closing, Mr. Zahoryin stated that Brown & Brown will continue to look at as
many options as possible for the City, but that, in general, increases should be
expected to continue over the next two to three years.
8. REVIEW OF THE 2006 JUNIOR LIFEGUARD PROGRAM. [100 -20061
Fire Chief Riley provided a brief report on what led to the change in the junior
lifeguard program for the summer of 2006.
.Using a PowerPoint presentation, Lifeguard Battalion Chief Boyer stated that the
City's junior lifeguard program was established in 1984 with 50 participants. By
1997, the program grew to 1,000 participants, and in 2005, there were 1,200
participants with 300 individuals turned away. Ms. Boyer listed the program
basics, and stated that safety and producing a quality program are what have
made the program successful.
Ms. Boyer stated that in 2006, two four -week sessions were held instead of the
traditional one eight -week session, and 1,427 participants were accommodated. At
the conclusion of the program, family and instructor surveys were sent out to
assist the City in determining the future direction of the junior lifeguard program.
Ms. Boyer rdported 'that 669 family surveys were ' received, with 60% of the
respondents preferring the one eight -week session, 32% preferring the two four -
week sessions and 8% trusting the City to make the decision. The survey also
asked what method the respondents preferred for limiting the number of
participants. The. preferences, in order, were to give priority to Newport Beach
residents, priority to returning junior guards, requiring faster .swim times,
increasing the fees and raising the age requirement. Respondents were very
satisfied with the program's instruction, curriculum, safety and equipment, and
somewhat unsatisfied with the facility and uniforms.
Me. Boyer thanked those that.participated in the survey, and displayed some of the
Volume 57 - Page 821
City of Newport Beach
Study Session Minutes
October 24, 2006
representative comments that were received
Ms. Boyer then displayed the results of. the instructors survey, which -highlighted
the advantages and disadvantages of both the two four -week program and the
single eight -week program as perceived by the instructors. She reported that 94%
of the instructors preferred the single eight -week program, feeling that the quality
of the program is more important . than- the quantity of participants
accommodated.
Ms. Boyer stated that the priorities for the program are to continue to focus
on safety and quality, and to offer what the participants want.
She announced that staffs recommendation for the summer of 2007 is to hold one
eight -week session. This would accommodate 1,200 participants and would be
limited by giving Newport residents priority, reducing the allowed swim
test attempts from seven to five and making the swim test times faster in each
division by five seconds.
Mayor Webb expressed the concern that the single eight -week program could
potentially turn away 800 participants, particularly those with the slower swim
times who might benefit from the program the most. He confirmed that the
purpose of the program is to encourage ocean safety among the youth. Ms. Boyer
pointed out that the instructors made the recommendation and feel that the slower
swimmers are not quite ready for. the ocean experience. In response to Mayor
Webb's additional question, she stated that the majority of the participants are in
the 10 -11 and 12 -13 year old divisions. Mayor Webb asked if eliminating the 9-
year old division as a way to limit participation should be considered. Ms. Boyer
stated that the 9 -year old division is the target group for teaching ocean safety and
nationally is considered a part of a 9 -11 year old division.
In response to Mayor Pro Tem Rosansky's question, Ms. Boyer explained what is
accomplished by the various age levels during the summer program. With the two
four -week program, the participants still experience the ocean education aspect,
but they do not experience the same bonding with the instructors as is
accomplished with the single eight -week program.
Council Member Curry complimented the survey, and stated that it was
comprehensive and consistent with the comments that he has received.
He expressed support for returning to the eight -week program.
Council Member Ridgeway stated that the comments he's heard are also consistent
with the survey and noted that he has firsthand knowledge since his child
participated in both the eight -week and the four -week programs. He also
expressed support for the eight -week program, and agreed that the facility used for
the program should be improved.
Council Member Selich stated that he also has had children go through the junior
lifeguard program. He expressed his support for returning to the eight -week
program. In response to his question, Ms. Boyer stated that the City's standards
for accepting participants is similar to other cities.
Fire Chief Riley stated that staff will continue to look for ways to impiove the
program and make it available to as many participants as possible. '
Council Member Nichols stated that he also had children go through the eight-
Volume 57 - Page 822
City of Newport Beach
Study Session Minutes
October 24, 2006
week program, and that it is a quality program. He expressed support for the staff
recommendation.
In response to Mayor Webb's question, Ms. Boyer stated that approximately 50% of
the junior guards return the following year.
Mayor Pro Tern Rosansky agreed with Mayor Webb's concern for the participants
that are being turned away and not being educated on ocean safety. He requested
that staff continue to explore options.
In response to City Manager Bludau's question, Ms. Boyer explained that the
uniforms were given a low ranking in the survey because of the quality of the t-
shirts and the logo that was selected.,
PUBLIC COMMENTS - None
ADJOURNMENT - at 5:50 p.m.
The agenda for the Study Session was posted on October 18, 2006, at 2:15 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Recording Secretary
Mayor
Volume 57 - Page 823
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
October 24, 2006 — 7:00 p.m
STUDY SESSION -4:30 p.m.
CLOSED SESSION - 5:50 p.m.
A. RECESSED AND REC
C.
D.
E.
F.
H.
ROLJ._CALL
Present: Council Member Curry, Council Men
Webb, Council Member Ridgeway;
Nichols
CLOSED. SESSION REPORT - No
PLEDGE OF ALLEGIANCE
INVOCATION - Chaplain Lloyd Se
Pro Tem Rosafty, Mayor
Daigle, CouncIftlember
Presbyterian
Centenniaftook Plesentation - . Dinwiddie introduced the author of the City's
Centennial bo )Ctr, C stopher Trela. Trela displayed some of the 250 photos in the
bo rep oka are vailable for $25 at City Hall, the Central Library,
r Lido ks, and Martha's Bookstore, and online for $30 at
ebb announced that the County Board of Supervisors approved the amended
sp es issue agreement (Item S24) by a 3 -2 vote. He highlighted the benefits of the
agreement, mainly the City's ability to review and make .determinations relative to John
Wayne Airport (JWA). Mayor Pro Tem Rosansky noted that the City should now look at
extending the airport limitations past 2016. Council Member Daigle added that the JWA
issue is the resident's biggest threat to their quality of life.
Mayor Pro Tem Rosansky announced that the State approved the sale of the 15 acre Sunset
Ridge Park parcel to the City for $5 million.
Mayor Pro Tem Rosansky congratulated the Bungalow Restaurant on its 10th anniversary.
Mayor Pro Tem Rosansky announced that he attended the Friends and Naturalists Plein Air
Volume 57 - Page 824
City of Newport Beach
City Council Minutes
October 24, 2006
I.
Art Festival at the Muth Center and the Newport Lexus grand opening.
Mayor Pro Tem Rosansky requested that an ordinance be placed on an agenda relative to
screening mechanical equipment on residential rooftops. Council Member Ridgeway
requested that a section regarding trash enclosures for commercial bins be included in the
ordinance.
Council Member Ridgeway announced that he visited Boston to watch the Newport Aquatic
Club compete on the shores of the Charles River.
Council Member Daigle discussed a lawsuit the City filed with the City of Tus ' gainst the
City of Irvine and its developers relative to the appropriateness of boil close to 20,000
residential units along the City's border.
Council Member Nichols received confirmation from
Coastal Commission approved the master dredging
Bay. He noted that the only constraints were placed
19th Street. go
CONSENT_ CALENDAR
1. MINUTES OF THE AI:
OF OCTOBER 10, 2006.
written and order filed.
2. READINGANMRDINA
1 tuber eway that the
ch allows Aging in the
Peninsula from th Street to
ND REGULAR MEETINGS
of subject minutes, approve as
PONS. Waive reading in full of all
and direct City Clerk to. read by
ER 4480 MACARTHUR BLVD., GENERAL PLAN
NO. 200 -008, PLANNED COMMUNITY DEVELOPMENT
ME NO. 2006 -001 (PA2006 -095) - MITIGATED NEGATIVE
JTOTRGRO ATI AND GENERAL PLAN AMENDMENT TO INCREASE THE
FLOOR AREA OF GENERAL OFFICE IN SUB AREA 1 -1
SITE A) OF THE AIRPORT AREA (STATISTICAL AREA L4) BY
ROSS SQUARE FEET; AND AN AMENDMENT TO THE BOLL
NEWPORT PLANNED COMMUNITY (PC -18) TO ALLOW THE
ER 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 PARSING
GARAGE ON A 1.49 -ACRE SITE AT 4480 MACARTHUR BOULEVARD).
f100 -20061 Adopt Ordinance No. 2006 -21 approving Planned Community
Development Amendment No. 2006 -001.
4. PLANNED COMMUNITY DEVELOPMENT AMENDMENT NO. 2006-064
(PA2006 -178) - AMENDMENT TO THE AERONUTRONIC FORD PLANNED
COMMUNITY DEVELOPMENT PLAN PROHIBITING NEW RESIDENTIAL
SUBDIVISIONS IN PLANNING AREA 8. f100 -20061 Adopt. Ordinance No.
Volume 57 - Page 825
City of Newport Beach
City Council Minutes
October 24, 2006
2006 -22 approving Planned Community Development Amendment No. 2006 -004.
RESOLUTIONS FOR ADOPTION
5. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE
TO JB SERVICES. [421100 -2006] 1) Adopt Resolution of Intention No. 2006 -92 to
award a Non - Exclusive Solid Waste Franchise to JB Services and to schedule a
public hearing on November 14, 2006; and 2) introduce Ordinance No. 2006 -23
granting a Non - Exclusive Solid Waste Franchise to JB Services and pass to second
reading on November 14, 2006. -9
6. ADOPTION OF A RESOLUTION IN SUPPORT OF PROMSITION 83,
KNOWN AS "JESSICA'S LAW ", DEALING WITH THE Taw,rMENT OF SEX
OFFENDERS. [100 -2006] Adopt Resolution No. 2006 -9 ' s ort of Proposition
83. OV .19k
7. ADOPT RESOLUTION FOR THE INj20E OF STOP SAT THE
CARNATION AVENUE AND SEA INTERSE N. [100-
2006] Adopt Resolution No. 2006-94 ation of STOP at the
Carnation Avenue and Seaview Avenue
9. RENEWAL OF IN CE BR R OF RECORD -
PROPERTY /CASUALTY I S E (C 88 [381100 2006] Approve the
renewal of Brown &Brown, s the raker cord, for property /casualty
insurance with annual broke Tees not 10 00 annually at a guaranteed
rate for t s.
11. Withapplica OPE PAIR - COMPLETION AND ACCEPTANCE OF
). [38/ 0 2001 1) Accept the work; 2) authorize the City
f Compl 'on; 3) authorize the City Clerk to release the Labor
s r the Notice of Completion has been recorded in
ca ortions of the Civil Code; and 4) release the Faithf ul
(1) year after Council acceptance.
14. OCE PIE EPAIRS - AWARD OF CONTRACT (C- 8798). [381100 -2006] 1)
App a the pl ns and specifications; 2) defer additive bid work; 3) award the
con Act (C -3798) to John S. Meek Company, Inc. for the total base bid price of
Va ,550 and authorize the Mayor and the City Clerk to execute the contract; 4)
ush an amount of $68,000 (10%) to cover the cost of unforeseen work; and 5)
ove a b udget amendment (07BA -020) in the amm
ppropriated Tide and Submerged Lands Fund Balance to Account No. 7231 -
05100836.
15. APPOINTMENT TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE
(EQAC). [100 -2006] Confirm Council Member 'Selich's appointment of Robert
Rush to the District 5 at -large seat on the Environmental Quality Affairs Committee
(EQAC).
16. HUMAN SERVICES GRANTS FOR 2006 -2007. [100 -2006] Authorize the
Volume 57 - Page 826
City of Newport Beach
City Council Minutes
October 24, 2006
allocation of $25,000 in Human Services Grants as outlined in the staff report.
17. HOUSING ELEMENT IMPLEMENTATION - ANNUAL PROGRESS
REPORT. [100 -2006] Receive, file and forward the Annual Housing Element
Report to the State Department of Housing and Community Development (HCD).
18. SMART CONTROLLER INSTALLATION AND SERVICES PROGRAM. [100-
2006] 1) Approve a budget amendment (07BA -019) appropriating $300,000 to
Account No. 7255- C5100969 for the Weather Based Irrigation Controller Program
and increase revenue estimates by $300,000 representing the C D grant
award; 2) approve a budget amendment appropriating $288,000 ceount No.
7251- C5100968 for the Weather Based Irrigation Controller Pro and increase
revenue estimates by $288,000 representing rebate funding Municipal. Water
District of Orange County ( MWDOC); and 3) authorize e ' urea of $366,500
from CALFED grant funds and MWDOC SmarTime to progr funds to install
400 weather -based irrigation controllers in Coro el May and ort Coast by
Hydropoint Data Systems.
522. ADOPT RESOLUTION FOR THE I AL ON OF STOP SIG T THE,
INTERSECTION OF NEWPORT DRIVE EAST A PORT
SEABOURNE WAY. [100 -2006] Adopt ution No. 2006 -96 for the installation
of stop signs at the intersecti� of Newport H rive East at Port Seabourne Way.
Motion .Mayor Pro Tem prove the ent Calendar, except for those
items removed (8, 10, 12, 13, S21 & S ).
The motion cared b e following ro call
Ayes: Council ember urry, Counc' ember Selich, Mayor Pro Tem Rosanaky, Mayor
Web ouncil mber Ridgewa Council Member Daigle, Council Member Nichols
J. ITEMS REM THE CO F.NT CAi.F.NDAR
tELATM TO KELP REFORESTATION PROJECT: $5,000
TO CALIFORNIA COASTKEEPER ALLIANCE. [100 -2006]
Assisfint CitylDnager Kiff reported that this will conclude a four year project that
was acted by a Orange County CoastKeepers to replant kelp from Little Corona
to stal Cove. He indicated that they ran out of grant funds and are requesting
Rancy Caruso, California CoastKeeper Alliance, reported that the permanent kelp
bed growing off of Little Corona is the only kelp bed in Orange County at this time.
However, she indicated that Crystal Cove will have kelp coming up this winter.
Motion by Council Member Curry to 1) adopt Resolution No. 2006 -95 relating to
the California CoastKeeper Alliance's Giant Kelp Reforestation Program; and 2)
authorize the City Manager to expend $5,000 to support California CoastKeeper
Alliance's third and final year of the Kelp Reforestation Program.
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
Volume 57 - Page 827
City of Newport Beach
City Council Minutes
October 24, 2006
Member Nichols
10. LITTLE CORONA ROCKWEED RESTORATION - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH CAL STATE FULLERTON
(C- 8895). [381100.20061
Assistant City Manager Kiff indicated that this is an attempt to deal with the State
regulation relative to zero discharge in Areas of Special Biological Significance
(ASBS). He stated that they are trying to repopulate some of the impacted habitats
so the City can request that some discharge of water be acceptable.
Motion by Council Member Ridgeway to approve a ions! Services
Agreement with Cal State Fullerton for restoration >au k ttle Corona rocky
intertidal areas at a not to exceed price of $85,151 and a M ayor and City
Clerk to execute the agreement. 6
In response to Council questions, Assistant Cilomanager Kiff co ed that this
project will not impact the use of the for a public and the City
committed to match 15% of the grant a t. dicated that the Ci ay want
to provide input to the State relative feasibility of the zero charge
regulation.
The motion carried by the fo roll call vo
Ayes: Council Member Cur Co ember h, Mayor Pro Tem Rosanaky,
Mayor Webb, Council ember ay, oil Member Daigle, Council
12. BUC L WETLAND MAINTENANCE ROAD REPAIRS AT 5TH
ST ET - R CT BIDS CONTRACT (C-3778). [381100.20061
In res ncil Mem Nichols' questions, Mayor Webb indicated that the
mm tion t t ole bid and that the project details can be discussed
the lic Works r. He stated that staff will probably try to engineer
the ject is not so expensive.
Moti b Co cil Member Ridze to reject the sole bid.
The otion carried by the following roll call vote:
s: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
13. LITTLE CORONA BIOASSAY TESTING - AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT WITI! WESTON SOLUTIONS (C-
3870). 1381100-20061
Assistant City Manager Kiff indicated that some of the proposed-tests could be done
at the Back Bay .Science Center some day, but confirmed that this project is
currently underway and that the City is one of the first cities to take on this type of
project. He stated that monitoring should be done immediately so a baseline can be
set.
Motion by Council Member Ridgeway to approve Amendment No. 1 to the
Volume 57 - Page 828
City of Newport Beach
City Council Minutes
October 24, 2006
Professional Services Agreement with Weston Solutions of Carlsbad to conduct
bioaccumulation studies at Areas of Special Biological Significances along Newport
Coast at a not to exceed price of $69,500 and authorize the Mayor and the City Clerk
to execute the agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selicb, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols _I
S21. PROFESSIONAL SERVICES AGREEMENT WITH HOGL LAND, INC.
FOR INTERIM PLANNING DIRECTOR (C -3896 AND BUDGET
AMENDMENT TO TRANSFER FUNDS TO PROF AL SERVICES
ACCOUNT. [381100 -20061
Council Member Selich recommended that the tjAW of the agreemen modified to
five months, ending March 31, 2007, mon amounts b anged in
accordance with the amendment, an a Ci anager provide cil with
monthly updates.
Motion b Co ncil Member Selich to approve the amended Professional
Services Agreement with Ireland, Inc. d authorize the Mayor and City
Clerk to execute the agree n d 2) approv a amended budget amendment
(07BA -021) transferring $89, 85 to Pro ional and Technical Services,
2710 -8080, $72,825 in sa as m -7000 and $16,760 from
unappropria neral Fund sery
Dolor tting oted that P g .Director Temple will be retiring on February
1, 7. In r once to Ms. ing's question, Council Member Ridgeway indicated
that t pos ility of hiring Community Development Director was discussed
evio ' Membe lich and reported that the City Manager will be
g a repo this concept in late November.
The tion ed by the following roll call vote:
.dyes ouncil tuber Curry, Council Member Sehcb, Mayor Pro Tem Rosansky,
ayor We b, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
A ANA HEIGHTS EQUESTRIAN FACILITY — AMENDMENT NO. 1 TO
ROFESSIONAL SERVICES AGREEMENT. (C -3840) WITH FUSCOE
ENGINEERING, INC. [381100-20061
Mayor Webb questioned whether the County Redevelopment Agency (RDA) will be
reimbursing the City. City Manager Bludau clarified that the County staff report
recommended that the Board not fund any more projects, try to save as much money
as possible, and end the RDA early. He stated that that the recommendation did not
include any agreements already entered into with the City. He stated that, even
though there is no formal agreement for this project, the City had talked with
Supervisor Silva and County staff, and it was understood that the City would move
forward with this project and be reimbursed using RDA funds. He noted that he will
be talking with County CEO Mauk tomorrow to see what is happening relative to
RDAs and their staffs final recommendations. He noted that the City has already
Volume 57 - Page 829
City of Newport Beach
City Council Minutes
October 24, 2006
spent about $70,000.
Assistant City Manager Kiff indicated that the project involves the installation
of poles in a field that has been graded and has some footings. He stated that the
project may also involve restoring an old arena depending on what the Coastal
Commission requires. He reported that the project could cost an additional $100,000
to $250,000.
Mayor Webb stated that, if this project is not going to be RDA reimbursable, he
recommended either continuing, this for two months or adding the prof to the CEP
budget. Council Member Daigle noted that this is the City's firsi,#Tportunity to
fund an equestrian arena and that the residents in that area a waited a long
time. She expressed hope that the momentum continues. tent City Manager
Kill emphasized that the purpose of the amendment to gr %pgt is to monitor
storm events in the area and that, by delaying the a ent, the ht not get the
first flush of the season.
Motion by Council Member.D�igle to rove Apandment No. 1 ofessional
Services Agreement with Fuscoe Engi and authorize the r and
City Clerk to execute the Amendment.
In response to Council quest' City Attorn lauson reported that there is some
dispute over ownership of a p of prop ert nd that the City is working with
the property owners and the ossibly to over the strip of land or to come
up with an agreement that uldn't a len title action. She confirmed
that there is no trail system p nned at e. tant City Manger Kiff noted
that the e an facility w d Oran unty Flood Control District land
via an ac ent permit. nfirmed that horses can get down the upper part
of t oad no
Mayor o Rosansky note that the City has gone forward on many projects in
fa erstan ' g that the County would reimburse the City. He
e sse cern the , ity continuing to fund projects, it reinforces that the
Co mi of have to spend the $40 million. He stated that the residents need
to p ress n the County and let them know that doing things like this is not
fair t the Ci ho is spending its tax dollars or the residents who have waited
patie for the a projects to be completed.
In Aspopse to Council Member Selich's questions regarding the Santa Ana Heights
fiffi station and community center, City Manager Bludau indicated that the County
supposed to reimburse the City $11.5 million for the community center. He stated
that fire station will cost $4.5 million and the County hasnt reimbursed the City
$1.5 million. He reiterated that the County cannot get out of their commitments.
He added that County CEO Mauk believed that the City would get another $7.4
million, but he is not sure what the Board's commitment is.
Council Member Curry believed that the City may need to rethink its relationship
with the County and that the commitments need to be documenfed. He stated that
the City needs to look comprehensively at all these projects for the future.
Dolores Otting expressed concern relative to the size of the fire station and cost of
the community center. She suggested suing the County for the $40 million.
Volume 57 - Page 830
City of Newport Beach
City Council Minutes
October 24, 2006
D
L.
N.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member
Mayor Webb, Council Member Ridgeway,
Member Nichols
PUBLIC COMMENTS
Selich, Mayor Pro Tem Rosansky,
Council Member Daigle, Council
Dolores Otting highlighted an Orange County Register article that discussed possible
problems with the eminent domain measure (Measure W). Council Member CIPTY stated
that, for Measure W to be invalid, Council would need to take an action would be
adjudicated in court. He believed that, with the existing ordinance, 36asure W, and
Proposition 90, eminent domain abuse for private gain will n^it. is community.
City Attorney Clauson stated that there was no comment that nconstitutional,
but only criticisms on how some councils might choose to get 4r
Phil Arst, spok esperson for Greenlight Residents 9rouRo6elieved that this R&n election of
personal attacks and misleading information. He --se d merits of Meas X and the
problems with Measure V.
IQL
Assistant City Manager Wood confirmed that there uld be 18 unsatisfactory inlections
at full build -out with the current Gerwral Plan, but new General Plan would reduce this
to two unsatisfactory intersections a salt of the re 'ons in the Land Use Plan.
George Schroeder believed that resid is s Measure nd noted that people can view
the Measure on the City's website.
Nancy Gardner, C of the Gen al Adviso mmittee (GPAC), indicated that
the Commi neiste of 38 residen o worked on the General Plan for over 4.5 years.
She noted t public mments we ceived at every meeting and that those comments
were incorpo ted the General Ian. She emphasized that, after the residents
provided input a eren't ch ed but the numbers were reduced.
RAL ROMORT OM CI NCIL ON_CIOMMITTEE ACTIVITIES - None.
PLANNIN OM ION AGENDA AND ORAL STATUS REPORT
19. PLA&ING CIFIMMISSION AGENDA FOR OCTOBER 19, 2006. [100 -20061
tant City Manager' Wood reported on the following Planning Commission
r i s: Newport Beach Brewing Company (Use Permit No. 3485) - 2920 Newport
oulevard; Marine Charter. Land Use and Parking Regulations (Code Amendment
2006 -006); Group Residential Facilities (Code Amendment 2006 -005); Day Care
Regulations (Code Amendment 2006 -007); and Holiday Inn Express (PA2006 -182) -
2300 West Coast Highway.
Regarding Group Residential Facilities, Council Member Ridgeway requested that
the concepts of oral lease agreements and written lease agreements be defined.
20. MAYOR'S APPOINTMENT TO THE U1 MEMORIAL COMMITTEE. [100-
20061
Motion by Council Member Ridgeway to confirm the Mayor's appointment of
Volume 57 - Page 881
City of Newport Beach
City Council Minutes
October 24, 2006
Council Member Curry to the 1/1 Memorial Committee.
Council Member Curry announced that Mess Night, an event to help support the
First Battalion/First Marines, will be held on October 26 and that the event is sold
out.
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 Dai e, Council
Member Nichols
524. CITY COUNCIL RECONSIDERATION OF PREVIO Y APPROVED
SPHERES AGREEMENT NOW REVISED DEALI TH JWA AND
UPPER AND LOWER BAY ISSUES AND DE ING SANTA ANA
HEIGHTS PARK PROJECT AND HORSE T PROVI S (C-3885).
[381100 -2006]
City Manager Bludau reported that Coqgg ale took action on thi October
10, but the agreement has since been delete Santa Ana Heig ues.
He indicated that the agreement would a effective on November Mayor
Webb noted that the Board of upervisors ap ved the agreement this morning.
Motion by Council Memb a to app a the revised agreement,
Council Member Ridgeway s d that greem a legacy for the citizens of
the City, will survive the S tlement t, d will bind future Board of
SupeFasdpone I ding to Co sel. He ved that the sphere issues that
thisA were come back a future in the City's favor. He emphasized that
ugh contin negotiations, but future Councils will still need to
do m' wor
rob #Nichols' questions, City Manager Bludau explained
in a provision that the City won't annex John Wayne
xy or County property in the Country Club area. However, he
aty is the property owner and the City would need their
He indicated that this provision merely restates current State
law.
Jact Skinner indicated that he attended the County meeting this morning because
hAives under the flight pattern and was concerned about the airport's impact on the
uth Center if the runway was expanded. He. commended everyone involved
because the agreement protects the resident's quality of life.
Nancy Skinner thanked the City and emphasized that this is a huge step forward
for the City in regard to the airport 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
525. RESULTS OF FINAL FISCAL IMPACT ANALYSIS OF GENERAL PLAN
Volume 57 - Page 832
City of Newport Beach
City Council Minutes
October 24, 2006
UPDATE. [681100 -20061
City Manager Wood reported .that the proposed General Plan would return a little
over $2 million more -in revenue than it would cost to provide municipal services for
all the land uses. She indicated that this is a better result than the existing General
Plan's amount of $1.4 million.
Phil Arst, Greenlight, expressed concern that there is no background to show how
the numbers were reached and that this study is flawed. He noted that a Daily Pilot
article indicated that developers will only pay part of the cos for street
improvements. He stated that they polled 1,000 residents and 213 ' 'cated that
they didn't want streets enlarged. City Manager Wood indicated the consultant
only provided a memo in the report but there is extensive umentation in the
fiscal impact model that was provided to the Gener an date Committee
(GPUC), the General Plan Advisory Committee (GP , the Plan g Commission,
and City Council.
City Clerk
Mayor
Volume 57 - Page 888