Loading...
HomeMy WebLinkAbout07/25/2006 - Regular MeetingCITY 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. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols C. CLOSED SESSION City Attorney Clausen announced that Council approved an extension of the Tolling Agreement in the case of the Newport Terrace Association vs. the City of Newport Beach. D. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Rosansky E. INVOCATION - Rabbi Marc Rubenstein, Temple Isaiah F. PRESENTATIONS Tournament of Roses Presentation - Gary DiSano presented the City with a Trophy Photo for winning the Lathrop K. Leishman Award. Mayor Webb presented Mr. DiSano with a print of the float and invited the float riders to take pictures with Mr. DiSano. Proclamation Honoring Emily & David Anastos - Deputy Fire Chief Sutherland displayed the news footage related to 6 year old Emily Anastos and her father helping their neighbor during a fire emergency. Mayor Webb presented them with a proclamation. McFadden Square Legacy Project - Kirwan Rockefeller, City Arts Commission Chair, utilized a PowerPoint presentation to highlight the project and displayed the artists rendering and architectural model. He announced that it will be on display at the Central Library from August 1 to September 15. Bernie Svalsted, Chair of the McFadden Square Centennial Legacy Committee, stated that McFadden Square is the birthplace of Newport Beach and more information and how to purchase sponsorship is on www.newportbeachl00.com. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM): Keith Curry commended the City Arts Commission for their Concerts in the Park and Art in Volume 57 - Page 747 City of Newport Beach 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 MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL AND REGULAR MEETING OF JULY 11, 2006. Waive reading of subject minutes, approve as written and order filed. (Council Member Ridgeway abstained on this item) 1 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. ORDINANCE FOR ADOPTION 3. STEADFAST INVESTMENT PROPERTIES OFFICE EXPANSION; 4343 VON KARMAN AVENUE - PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2005 -005 (PA 2005 -293). [100 -2006] Adopt Ordinance No. 2006 -19 for Planned Community Development Plan Amendment No. 2005 -005. (Council Member Ridgeway abstained on this item) RESOLUTIONS FOR ADOPTION 4. EXECUTION OF FY2005 HOMELAND SECURITY GRANT PROGRAMS TRANSFER AGREEMENT LETTER (C- 3862). [381100 -2006] Adopt Resolution No. 2006 -68 authorizing the Police Chief, Fire Chief and City Manager to act as "Authorized Agents" to execute the necessary documents in conjunction with the agreement attached to the staff report. 5. ASSESSMENT DISTRICTS 70, 79 AND 86 SURPLUS DECLARATIONS. [891100 -2006] 1) Adopt Resolution Nos. 2006 -69, 2006 -70 and 2006 -71 declaring surplus amounts in Assessment Districts 70 Bay Shores, 79 Beacon Bay and 86 Peninsula Point; and 2) authorize the Administrative Services Director to choose an appropriate distribution method consistent with the 1913 Act on a parcel by parcel basis. 7. RESCISSION OF RESOLUTION NO. 99 -4, A PRIOR ACCEPTANCE OF THE DEDICATION OF BAYVIEW LANDING PARCELS A & B. [100 -2006] 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 -2006] 1) Award a contract in the amount of $280,302 to provide implementation services and maintenance for an enhanced Volume 57 - Page 748 City of Newport Beach 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). [381100- 20061 1) Accept a $322,710 cooperative grant from the Orange County Sanitation District for the preparation of a Sewer Master Plan and authorize the Mayor and City Clerk to execute the Cooperative Projects Grant Program contract; and 2) approve a Professional Services Agreement with AKM Consulting Engineers for the preparation of the Sewer Master Plan for a not -to- exceed fee of $632,776. MISCELLANEOUS 10. PURCHASE OF A RESCUE BOAT FOR THE FIRE DEPARTMENT. [100- 2006] 1) Approve the purchase of a rescue boat from the Crystaliner Corporation of Costa Mesa, for the price of $317,862.50; and 2) approve a budget amendment (07BA -004) for the transfer of $17,962.50 in unappropriated revenues from the Internal Services Fund to Account 6120 -9100 to purchase the vessel. 11. PLANNING COMMISSION SCHEDULED VACANCY - CONFIRMATION OF NOMINEES. 1100 -20061 Confirm the nominations made by the Ad Hoc Appointments Committee. 12. UNSCHEDULED VACANCY ON THE BOARD OF LIBRARY TRUSTEES - CONFIRMATION OF NOMINEES. [100 -20061 Confirm the nominations made by the Ad Hoc Appointments Committee to fill the unscheduled vacancy as a result of the resignation of Harry Hamilton. 13. APPOINTMENT OF ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC) CHAIRPERSON. [100 -2006] Confirm the Mayor's appointment of Kenneth Drelhshak. S24. MESA -BIRCH PARK SITE SANTA ANA HEIGHTS. [100 -20061 Adopt Resolution No. 2006 -74 making findings relating to the conveyance of public property from the County to the City for the Mesa -Birch Park. Motion by Mayor Pro Tem Rosanskv to approve the Consent Calendar, except for the Item removed (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 Tem 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 -20061 Council Member Nichols stated that he will not support this until the City gets more Volume 57 - Page 749 City of Newport Beach City Council Minutes July 25, 2006 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 environmental community has been working with the Orange County Transportation Authority (OCTA) and highlighted the benefits they could receive from Measure M. She encouraged all citizens to work with the OCTA and emphasized the need for mass transportation. Motion -bv Council.-Member Curry to adopt Resolution No. 2006 -72 supporting the renewal of Measure M. Council Member Curry compared the original Measure M with the renewed Measure M and emphasized that the new program also mitigates runoff, provides for a neighborhood -based funded transit program, and gives the City the ability to compete for State funds. 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 Noes: Council Member Nichols K. PUBLIC HEARINGS 14. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO NEWPORT COAST DEMOLITION. [100 -2006] General Services Director Harmon explained the process that the refuse haulers follow in order to receive a non - exclusive solid waste collection franchise. City Manager Bludau noted that the City will now have 21 refuse hauler franchises. Motion by. Mayor Pro Tern Rosansky to adopt Ordinance No. 2006 -17 granting a Non - exclusive Solid Waste Franchise to Newport Coast Demolition. Mayor 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 Mayor Webb, Council Member Ridgeway, Member Nichols Volume 57 - Page 750 Selich, Mayor Pro Tern Rosansky, Council Member Daigle, Council City of Newport Beach City Council Minutes July 25, 2006 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 Tem Rosansky 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 Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 16. CABLE TELEVISION: ORDINANCE ADOPTING A FRANCHISE AGREEMENT WITH COX COMMUNICATIONS. [421100 -2006] Assistant City Manager Kiff noted that this issue was discussed during the afternoon study session. He explained that the City can control the right -of -way, but cannot control rates. Further, the City will get three community programming channels and financial support for the channels. Motion by Council Member Dai¢le to introduce Ordinance No. 2006 -20 relating to the adoption of a Cable Communications Franchise Agreement with Cox Communications; and pass to second reading on August 8, 2006. Ron Winship suggested that the City get the revenue for broadband access, and voice and phone activation. He took issue with the technology that is provided to the homes and believed that the cable providers should provide the City with a media center. Assistant City Manager Kiff clarified that Federal court cases preclude the collection of a franchise fee on anything other than cable - related services. He added that the City cannot direct the signal to be broadcast in high definition. He indicated that Council decided that it was not necessary to have a media center in the community since people can utilize the Cox media center at any time; however, Council can amend this later. He clarified that some of the revenues from the Time Warner and this franchise agreement can be used to improve the cable shows. 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 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, Volume 57 - Page 751 City of Newport Beach City Council Minutes July 25, 2006 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. In response to Council questions, Consultant Attorney Burnham confirmed that the policy delegates the City Manager to stay up -to -date on airport issues. He indicated that retaining a technical airport consultant is a good idea since these issues are complicated. He confirmed that the policy changes do not weaken the City's position on airport issues, but believed it makes them stronger. He confirmed that the policy makes the areas of protection stronger than the existing policy. Mayor Webb opened the public hearing. Ron Winship noted that JWA will have an international customs area and expressed concern that this will increase the number of passengers. Eleanor Todd, Aviation Committee member, explained that the international flights only go to and from Canada and Mexico. Dan Gilliland emphasized that the airport is the most important issue in the City and expressed support for the policy. Dolores Otting expressed concern about safety with JWA having international flights. Hearing no further comments, Mayor Webb closed the public hearing. Motion by._Mavor Pro Tem Rosans y to adopt the revised Airport Policy. Council Member Daigle emphasized her commitment to controlling the impacts from JWA and noted that the current protections are unprecedented and unparallel. 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 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 Volume 57 - Page 752 City of Newport Beach City Council Minutes July 25, 2006 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 report includes replies. She reported that the staff report includes analysis pursuant to Charter Section 423. She pointed out that a memorandum with more erratas was distributed and the last page of the memo includes corrections to the table on page 17 of the staff report. Regarding the Environmental Impact Report (EIR), Assistant City Manager Wood noted that nine intersections still have unavoidable impacts and a supplemental analysis confirms the conclusions about the intersections with Irvine. She reported that James Douglas of Kimley -Horn and Associates conducted a peer review of the traffic study. She pointed out that the resumes of the people who prepared the EIR were distributed prior to the meeting. She also noted that a letter from Sandra Gerais was received relative to the EIR. Kimberly Avila, EIP Associates, discussed the cumulative analysis methodology of the EIR. Carlton Waters, Urban Crossroads, stated that the traffic analysis is consistent with the Orange County Transportation Authority (OCTA) model. He explained why the 19th Street Bridge is still in the General Plan. He confirmed that the proposed General Plan results in a decrease in traffic. Regarding Council questions, Mr. Waters stated that widening the streets in Corona del Mar was looked at to mitigate traffic but this would diminish the area's character. He confirmed that traffic counts were also conducted during the peak season. Council Member Selich indicated that he was Chair of GPUC and read into record the Preamble that he is recommending be placed in the beginning of the GPU. At Council Member Curry's request, Assistant City Manager Wood confirmed that, compared to the current General Plan, there is a trip reduction of 28,920 average daily trips, 1,121 morning peak hour trips, and 958 evening peak hour trips. In response to Council questions, James Douglas, Mmley -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 Volume 57 - Page 753 City of Newport Beach City Council Minutes July 25, 2006 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 noted 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 148. She also asked what section of the General Plan is going on the ballot and whether the proposed General Plan circumvents Greenlight. Mayor Webb clarified that the Police Chief, Captains, Lieutenants, and Sergeants are considered sworn officers, so the Police Department currently only has six vacancies. Larry Porter believed the City has not looked at the water supply and shouldn't certify the EIR. Elaine Linhoff believed that most of the reduction of residential units is coming from Banning Ranch and that this number is just being shifted to Mariners Mile. She objected with having mixed use on Mariners Mile, believing that it will end up being all residential units. Sandra Genis asked how long open space would be a priority for Banning Ranch and if the Riparian will be lost. She requested clarification relative to the Floor Area Ratio (FAR) for Mariners Mile, east of Rocky Point, and the geographic limits of the traffic limits. She believed that the traffic model didn't assume full build out of the allowable development. She took issue with the numbers in the proposed General Plan and the water numbers in the EIR. Jan Vandersloot, GPAC, believed that the new General Plan will create 150,000 more trips, 10,000 more residential units, and 20,000 more residents than is currently here today. He expressed support for keeping the current General Plan and believed that the EIR is deficient, the Environmentally Sensitive Areas will be compromised, and citizens will be losing its ability to vote on future projects with the new General Plan. Nancy Gardner, GPAC Co- Chair, pointed out what the policies will do for the City and that they represent what came out of the visioning process. She noted that the polices 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 Volume 57 - Page 754 City of Newport Beach City Council Minutes July 25, 2006 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 Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Noes: Council Member Nichols Motion_ by Council Member Selich to adopt Resolution No. 2006 -76 approving the General Plan and to include the Preamble and the Errata changes. Mayor Pro Tern Rosansky requested that the motion be amended so that, due to the new Cultural Element, a bullet point be added to the preamble that states, "Foster artistic and cultural activities and venues in the community ". Amended motions Council Member., Selich to adopt Resolution No. 2006 -76 approving the General Plan, and to include the amended Preamble and the Errata changes. The amended 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 Noes: Council Member Nichols L. PUBLIC. COMMENTS Ron Winship objected to people needing a film permit at Little Corona and the City fighting Costa Mesa's attempt to annex the Costa Mesa Country Club. He also expressed concern about the egress from the Lexus Dealership. Dolores Otting provided photos relative to the Ciraulo issue on the May 9, 2006 Closed Session agenda. Mayor Webb recessed the meeting at 10:00 p.m. and reconvened the meeting at 10:15 p.m. with all members 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] O. CONTINUED BUSINESS 20. STAFF ASSESSMENT OF THE AVOCADO SITE AS A CITY HALL SITE, Volume 57 - Page 755 City of Newport Beach City Council Minutes July 25, 2006 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 placing this item on the ballot are to have an advisory vote or a charter amendment. He stated that his conclusion is that there are two viable sites for the City Hall but it is hard to compare the projects. He pointed out that the City already spent four years and a lot of money studying the current site. He noted that it would take about a year and $150,000 to $250,000 to bring the Ficker plan into the same level of detail as the current site project. He emphasized that, with construction costs rising 10% to 15% a year, waiting another year could add $4 million to $6 million to the City Hall and parking structure components. City Attorney Clauson clarified that an advisory vote would not be binding and does not require an environmental analysis or design work. However, in order for Council to place City Hall on the Avocado site, a general plan amendment vote is required pursuant to Measure S. She explained that the reason for having a charter amendment vote is so, if Council processed a general plan amendment and it was approved by the electorate, a future Charter Section 423 vote would not be required. In response to Council questions, City Attorney Clauson clarified that, depending on how Council directs the Charter amendment to be written, it does not have to bind Council to build City Hall on the Avocado site. However, if Council wanted to put City Hall there after following the general plan amendment procedure, the electorate had already voted and there would not be a need for an additional vote under Charter Section 423. She reported that the charter amendment could be written to be a binding vote and state that City Hall shall be at that location, but she doesn't recommend writing it this way. Mayor Pro Tem Rosansky indicated that he is not a fan of votes to decide matters like this, that Council needs to do its homework about placing City Hall on the Avocado site, and that he doesn't see the point of putting this to a vote. Council Member Ridgeway noted that Council has already voted on this issue a number of times, created two committees to review finance issues and potential City Hall 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 Volume 57 - Page 756 City of Newport Beach City Council Minutes 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 sites, 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 of the Police Department and fire station. He opposed building on the park site since it could destroy the view down Jamboree Road. Jan Vandersloot requested that Council honor past agreements and take the Avocado site out of consideration. Christine Carr expressed support for maintaining the Avocado site as a park. Debbie Stevens noted that, with the approval of the General Plan, Council has already approved the site as a park. She believed that changing the site from a park to a City Hall is more costly. Jim Warren expressed support for maintaining the Avocado site as a park and noted that not everyone feels a new City Hall is needed. He suggested replacing buildings over time at the current location. Barry Allen displayed a site plan for a four story City Hall on the Police Department site and photos of buildings along Santa Barbara. Mary Barrett Blake expressed support for Mr. Ficker's plan and encouraged Council to study this plan further. She believed that the Avocado site isn't a prime park site. Tom Courtney 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 of potential City Hall sites and Council did it again by approving the General Plan. He 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 Volume 57 - Page 757 City of Newport Beach 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. Ficker's 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. John Nelson, City Hall Site Review Committee member, reported that the Committee reviewed feasible sites and narrowed the list to the Corporate Plaza West site and the current location. He expressed concern about the costs due to the delays and expressed opposition to putting this on the ballot. Karen Tringah noted that this decision has already been decided and that there are legal, binding agreements associated with the Avocado site. Council Member Curry stated that he is willing to consider a City Hall at Newport Center, but explained why he is not willing to support using Newport Center Park for City Hall. He discussed the merits of placing City Hall with the Police Department and fire station and indicated that Council needs to ask staff to develop an alternative so Council can review this option. Motion Council Member Ridgeway to not consider the Newport Center Park site for a new City Hall and have it remain a park site. Council Member Ridgeway asked Council to consider the economic, cultural, and social impacts moving City Hall off of the Peninsula would have on the community. Council Member Nichols believed that Council should consider Newport Center Park for City Hall because of costs, existing zoning, and the large acreage of land. He took issue about having another natural park. He believed that the new City Hall could be paid for by selling the current City Hall site. Further, a City Hall on the park site won't create traffic problem, the site has better access, and it is below the view plane. Council Member Daigle suggested conducting an unbiased comparison of the Police Department site, Avocado site, and current City Hall site, and believed that it is premature to put this to a vote or to remove the park site from consideration. She suggested 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, Volume 57 - Page 758 City of Newport Beach City Council Minutes July 25, 2006 I� 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 Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Nichols Noes: Council Member Ridgeway 21. PROPOSED BALLOT MEASURE - AMENDMENT TO THE GENERAL PLAN. (391100 -2006] City Clerk Harkless provided the staff report. Assistant City Manager Wood indicated that the change in peak hour trips and the addition of two tables was reviewed during Item 18 (General Plan Update) discussions. She also noted that Figure LU13 has been revised. In response to Council's questions about writing the arguments and who can sign the arguments, City Clerk Harkless read a section from the Elections Code relative to setting priorities. City Attorney Clauson believed that only those Council Members assigned can sign the argument. She indicated that this doesn't preclude others from submitting an argument, but Council will have priority over anyone else or entity. Dana Reed, Legal Counsel, Rutan and Tucker, indicated that other jurisdictions have interpreted the Elections Code to be able to assign one Council Member to be the primary author of the argument in favor of the ballot measure and one Council Member to be the primary author of the argument in opposition to the ballot measure, and allow those Council Members to get the remaining argument signers whether they are Council Members or not. He confirmed that, if you assign all five authors for the argument in favor of the ballot measure, then Council has limited the ability to add non - Council Members to the argument. City Attorney Clauson added 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 -78 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 Volume 57 - Page 759 City of Newport Beach 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 ... Daigle 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 has priority. She confirmed that, by not adopting the resolution, Council may be taking itself out of the top priority standing. She reported that arguments are due at 5:30 p.m. on Tuesday, August S, 2006. She also clarified that all Council Members can sign the argument but only the first five signatures will be printed. Motion died for lack of a second. Following discussion, Mayor Pro Tern Rosansky requested that the ballot language be changed 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 ?" Ron Winship agreed that Council should choose a lead Council Member and they should be able to select other signers for the argument. Phil Arst took issue with the alternate ballot language, believing that the General Plan doesn't reduce trips and that this is only a reduction on paper. Further, this approach wasn't used for Greenlight II's ballot measure language. Regarding the issue of this only being a reduction on paper, City Attorney Clauson emphasized that Charter Section 423 requires a paper analysis of the existing General Plan and the proposed amendment, which is actually an amendment to the entire Land Use Element. Mayor Pro Tern Rosansky emphasized that Greenlight II and the General Plan Update measures aren't connected legally and the ballot measures are different issues. Council Member Nichols took issue with the numbers, believed that this is an eminent domain issue, and indicated that this is why he will not support this. City Attorney Clauson clarified that this is not an eminent domain issue. Volume 57 - Page 760 City of Newport Beach 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) submitting it. The substitute 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 22. PROPOSED CHARTER AMENDMENT TO LIMIT THE USE OF EMINENT DOMAIN. [391100 -2006) Council Member Curry noted that the State took no action on this issue and believed that it is important to establish this principal in the City. He confirmed that this measure will prohibit public takings for private economic development purposes; however, it will not inhibit the City's ability to take property for legitimate public purposes. Motion by Council Member Curry to a) adopt Resolution No. 2006 -80 calling and giving notice of the holding of a General Municipal Election on Tuesday, November 7, 2006 for the submission of a proposed Charter amendment; b) adopt Resolution No. 2006 -81 requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 7, 2006, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code; and c) adopt Resolution No. 2006 -82 setting priorities for filing (a) written argument(s) regarding a City measure, with Council Member Curry being the lead author for the argument in favor of the ballot measure, and directing the City Attorney to prepare an impartial analysis. Ron Winship agreed that there should be no taking of private property for private industry and commended Council for this action. 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 23. DESIGNATION OF VOTING DELEGATE FOR 2006 LEAGUE ANNUAL CONFERENCE - SEPTEMBER 6 - 9, 2006 IN SAN DIEGO. [100 -2006] 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: Volume 57 - Page 761 City of Newport Beach City Council Minutes July 25, 2006 Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern 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 Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on July 21, 2006, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary 60, Mayor Volume 57 - Page 762