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HomeMy WebLinkAbout02-07-2006 - Special MeetingCITY OF NEWPORT BEACH City Council Minutes Special Meeting February 7, 2006 — 7:00 p.m. A. ROLL CALL Present: Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols B. PLEDGE OF ALLEGIANCE - Council Member Selich C. INVOCATION D. CONTINUED BUSINESS COUNCIL VACANCY IN DISTRICT 7. City Clerk Harkless highlighted the process for tonight's Council appointment. Council Member Ridgeway noted that the process is pursuant to Section 403 of the City's Charter. Mayor Pro Tern Rosansky stated that the appointed Council Member will serve until the November 2006 election and that any unsuccessful candidate can also run for Council at that time. a. INTERVIEWS OF DISTRICT 7 APPLICANTS. City Clerk Harkless drew the first applicant's name, Nancy Jones, from a hat. The remaining applicants were taken to the Council Conference Room. Nancy Jones provided her history in the City and reviewed her community involvement particularly on the Friends of the Library Board, Board of Library Trustees, and the Heritage Committee. She expressed hope to integrate the newly annexed community into the City. Mayor Pro Tern Rosansky asked Ms. Jones what she believes are the duties of a Council Member. Ms. Jones responded that a Council Member should have a clear idea of the issues, be able to articulate them, devote time for dialogue, and then make a decision. Council Member Selich asked Ms. Jones what her No. 1 goal would be. Ms. Jones indicated that, for this year, the City Hall complex, since construction costs are rising and a lot of time has already been spent on this issue. Regarding the General Plan Update, she indicated that the Heritage Committee is meeting on Thursday to discuss the Historical Element. Council Member Nichols asked Ms. Jones for her thoughts on libraries. Ms. Jones expressed hope that the Mariners Joint Library will be a positive concept. She indicated that, because of the City's geography, it is helpful to have several branches in order to provide good service. She noted that the Corona del Mar library may not have the circulation it used to have, but it serves the community. She indicated that some of the Newport Coast residents are disappointed that they Volume 57 - Page 542 City of Newport Beach City Council Minutes February 7, 2006 will not be getting a library in their area, but noted that staffing that library might be difficult and that the Central Library is in close proximity. Council Member Daigle asked Ms. Jones if she believed in representative government, what she thought representative government means, and if she can commit the time. Ms. Jones stated that she believes in representative government, she has the time, and that it is important to listen and represent the City as a whole. Council Member Ridgeway asked Ms. Jones about her concept of balancing quality of life in Newport Beach. Ms. Jones indicated that she would like to continue to have Newport Beach be the kind of place we'd love to live in and would like to help keep it that way for her children and future generations. She stated that the City is about having people with different ideas and the ability to discuss them. Mayor Webb asked Ms. Jones about her thoughts relative to the Newport Coast Community Center. Ms. Jones stated that some residents are against the Community Center because it interferes with their view plane and that people with children use the elementary school as a meeting place. She believed that the Community Center and the park would need to be policed. Mayor Webb asked Ms. Jones how the community should look at art, culture, and heritage. Ms. Jones reiterated that the Heritage Committee is meeting on Thursday. Regarding the Centennial, she complimented the opening celebration and noted that the Heritage Committee is working on oral histories, historical plaques, and the book. Mayor Pro Tern Rosansky asked Ms. Jones if she was familiar with the two initiatives being circulated. Ms. Jones indicated that she is aware of them, but she has not read them or spoken to anyone. However, what little she knows, she stated that it might slow down due process. Council Member Selich asked what other issues are going on in Ms. Jones' area that are important. Ms. Jones indicated that she would like to see the Coyote Canyon Landfill made into a recreational space, especially since some of the park space will be lost with the building of the Community Center. Council Member Nichols asked how Ms. Jones feels upzoning of properties should be handled. Ms. Jones indicated that there would be a plan in place and that she would defer to staff. Council Member Daigle asked Ms. Jones how the City's library system became so good. ills. Jones reported that a lot of people worked hard to get it that way, the City has had good librarians, and there has been great response from the community. Council Member Ridgeway asked about Ms. Jones' environmental concerns. Ms. Jones indicated that the City needs to ensure that the Bay is protected and get people inland to help. Ms. Jones indicated that it would be an honor to work with the City Council and commended their dedication. She further complimented City staff. She stated that the greatest reward would be the interaction with all the people in the City and continually working for the City she loves. Volume 57 - Page 543 City of Newport Beach City Council Minutes February 7, 2006 City Clerk Harkless drew Keith Curry's name from the hat. Keith Curry provided his background relative to his professional career and projects he has worked on. He stated that, as a financial advisor, he has helped elected officials solve problems and deliver government services better. He pledged to continue with fiscal responsibility. He discussed the General Plan Update, the Facilities Finance Review Committee, possible funding sources for the Newport Coast Community Center, and Measure M projects. He stated that he will focus on emergency preparedness and is committed to sustaining the City's high quality of life. In response to Mayor Pro Tem Rosansky's question, Mr. Curry indicated that Council duties include establishing policies for the City, leading in a spirit of consensus building, obtaining and empowering the best staff possible, and working with and listening to the community. In response to Council Member Selich's question, Mr. Curry emphasized how sometimes identifying a funding source could help resolve some issues. In response to Council Member Nichols' questions about low- income housing, Mr. Curry noted that housing issues are driven by State legislature, but agreed that senior housing resolves the low- income housing issue and is appropriate. In response to Council Member Daigle's questions about representative government and time demands, Mr. Curry stated that he believes in representative government. He noted that he is in a stage of his professional life where he's going to have more time to be involved on Council. He stated that he respects the challenges involved with representing 80,000 people and understands that a Council Member has to have the time to do it right. Council Member Ridgeway asked how Mr. Curry was one -on -one in dealing with people. Mr. Curry indicated that most people don't know how to find the person in government that fixes the problems. He stated that he won't be able to solve every problem, but he will listen to people and be empathetic and sensitive. In response to Mayor Webb's question about the Newport Coast Community Center, Mr. Curry noted that there is a funding shortfall that can probably be resolved with the use of bond debt service reserve funds. However, the bigger issue is community alienation. He believed that more dialogue with the community is needed and that the leadership needs to be clarified. Further, there is also concern about the private issue of the park. In response to Mayor Pro Tern Rosansky's questions about the two initiatives being circulated, Mr. Curry expressed concern about the language in the Greenlight II initiative because its provisions could be interpreted to constitute a taking under the Constitutional Taking Provision. He indicated that he does not support taking Certificates of Participation (COP) financing to the voters, noting that they are indistinguishable to bonds, are insured, and have the same ratings. He stated that, if the City had a natural disaster and had to wait to go to the voters to access its credit, the City could be in a dilemma. Council Member Selich asked what the City should do to get its fair share of Measure M money. Mr. Curry noted that the draft proposal is being circulated and, since the City has few freeways, it will receive less funding than other cities. Volume 57 - Page 544 City of Newport Beach City Council Minutes February 7, 2006 He reported that now is the time to negotiate for the traffic synchronization program, the widening at Jamboree Road and SR -73, access funds for environmental cleanup /water quality, and start a small community -based transportation service. Council Member Nichols asked for Mr. Curry's opinion relative to Irvine's housing along Jamboree Road. Mr. Curry stated that he is not supportive of matching the density that Irvine created. He believed that development can happen in isolated spots within the Irvine area if it was site specific and discreet. In response to Council Member Daigle's question about water quality and the management of the Harbor, Mr. Curry stated that the City should look at the money set aside for water quality cleanup to supplement the City's current efforts to meet the standards. He added that the City needs to look at the uses in the Harbor. He stated that the Local Coastal Plan is also critical in protecting the Bay and Harbor. Mr. Curry stated that leaders have the responsibility to lead in the face of unpopular opinion, exercise integrity, and be willing to educate the public while recognizing that all power comes from the people. He discussed his principals and believed that his education, experience, and professional knowledge have prepared him to be on Council. He stated that he will work hard every day to earn everyone's trust. City Clerk Harkless drew Scott Peotter's name from the hat. Scott Peotter believed that he can bring fresh ideas and a team attitude to Council, and that District 7 needs someone who can think outside the box while working together with Council. He provided his background, stated that he is a licensed architect and was an Irvine Planning Commissioner. He believed that he could contribute to the difficult issues, like allowing housing in the airport area, financing City Hall, and the use of taxpayer money. He believed in being able to expand homes or businesses without a vote of the people and without increasing traffic. He stated that he is pro- resident, pro - property rights, pro- business, and pro- environment. In response to Mayor Pro Tem Rosansky's question, Mr. Peotter indicated that the duties of a Council Member are to serve and represent your district while also representing the City at- large, and to make the day -to -day decisions without having to always go to the voters. He believed that government should be as small as possible. Council Member Selich asked Mr. Peotter what he thought his strongest attribute was. Mr. Peotter stated that, as a licensed architect and former Irvine Planning Commissioner, he could lend his expertise and try to give strong direction relative to the new City Hall project while using the taxpayer's money well. Council Member Nichols asked Mr. Peotter how the City should interface with Irvine relative to their huge developments on Jamboree. Mr. Peotter indicated that they didn't allow any residential units there when he was on the Planning Commission. He stated that the City needs to work with Irvine to protect its assets. He added that the City should enter into an agreement with Irvine to mitigate their impacts per CEQA, otherwise the City should take them to court. Volume 57 - Page 545 City of Newport Beach City Council Minutes February 7, 2006 In response to Council Member Daigle's question, Mr. Peotter indicated that, with representative government, Council will receive many types of calls, but stated that he would be sensitive to the citizens' concerns and hire good staff to address the issues. In response to Council Member Ridgeway's question, Mr. Peotter believed that the three most important issues in the City are the City Hall project, the General Plan Update: and the financing of the City Hall. In response to Mayor Webb's question regarding active parks, Mr. Peotter indicated that he is a strong advocate for things that bring the community together. Regarding the Newport Coast Community Center, he indicated that he would take on the responsibility to be the liaison between the City and the Newport Coast residents. Mayor Pro Tern Rosansky asked Mr. Peotter, as an Assistant Scout Master, what examples would he set. Mr. Peotter indicated that he would be consistent, predictable, and trustworthy. Council Member Selich asked Mr. Peotter about conflicts between private property rights vs. public interest. Mr. Peotter believed that, if there was a public interest that superseded private property rights, the property owner should be compensated. Council Member Nichols asked for Mr. Peotter's opinion relative to John Wayne Airport (JWA) growth. Mr. Peotter indicated that this is a regional decision, but the Airport Working Group (AWG) has done a great job limiting the hours, the number of planes, and the types of planes. He indicated that delays are due to there not being enough gates. He noted that there will be a market demand and expansion needs to occur, but he does not want it at JWA. In response to Council Member Daigle's questions relative to water quality, Mr. Peotter believed that more filtration systems, like the IRWD constructive wetlands, should be created to clean out a lot of the pollutants that go into the Back Bay. In response to Council Member Ridgeway's question, Mr. Peotter stated that maintaining the levels of infrastructure and service that the public has expected are what will keep the City's quality of life. He indicated that the City will need to be creative about handling the County's growth. In response to Mr. Webb's questions about the initiatives, Mr. Peotter indicated that initiatives go against the principals of representative government and do not protect the citizens. He stated that using COPs are a financing tool; however, if Council were to raise taxes for financing, that should go to a vote. He stated that the public can vote Council out if they don't like their choices. Mr. Peotter believed that he has the experience and is equipped to serve on Council and run in November. He stated that he will continue to be involved no matter what Council's decision is tonight. City Clerk Harkless drew Dolores Otting's name from the hat. Dolores Otting stated that she is the Vice Chair of EQ,AC and it would be a privilege to serve as the Council Member for District 7. She reported that she ran Volume 57 - Page 546 City of Newport Beach City Council Minutes February 7, 2006 against John Heffernan, received a significant number of votes even without endorsements, and that Mr. Heffernan endorsed her to replace him in his letter of resignation. She noted that she has been attending meetings for over a decade and believed that she is qualified to represent District 7. She stated that she has gained knowledge, and the trust and respect of many people in the City, and also has an article in the Daily Pilot. She stated that emergency preparedness, the containment of JWA, the Harbor and Bay, fiscal conservatism, public participation, and being the voice of the residents are most important to her. She indicated that she aspires to bring the public back into government. She believes in property rights and understands the importance of businesses. She stated that the City is unique because of the diversity of its people and their ideas. In response to Mayor Pro Tern Rosansky's questions, Ms. Otting believed that the duties of a Council Member include being responsive, being knowledgeable, working with the community, and dedicating their time. In response to Council Member Selich's question relative to Ms. Otting's vision for the City in 25 years, Ms. Otting indicated that she sees growth for the City, but hoped for smart growth, and sees pedestrian walkovers and three or four lanes on Coast Highway. She hoped there would be no more raised medians because it could impact emergency responses. She added that she believes Newport Beach will still be a beautiful, quaint City in 25 years, but built -out and built -up. In response to Council Member Nichols' question, Ms. Otting stated that libraries and neighborhood libraries are important, and with smart growth, satellite libraries will have a place in the future. She believed that the Central Library can't accommodate all the needs of the children. She indicated that libraries belong in schools. In response to Council Member Daigle's question about representative government, Ms. Otting stated that she would meet with people, call them, and try to help them with their needs. She indicated that there needs to be methods to accommodate people's needs so Council doesn't have to get involved in such a minute level of detail. In response to Council Member Ridgeway's questions, Ms. Otting stated that the three most important issues facing the City today are getting out the General Plan Update to the public in bite sized pieces, emergency preparedness, having a disaster warning system or a mass calling system, and water quality. In response to Mayor Webb's question, Ms. Otting noted that the Newport Coast residents wanted to vote on the Community Center; however, as a Council Member, she would represent what the City has done. She agreed that there is still dissention but there will always be people who complain. In response to Mayor Pro Tern Rosansky's questions, Ms. Otting believed that Greenlight II will give people the right to vote. She believed that a community forum with Greenlight people, the City, and the General Plan Advisory Committee (GPAC) would be good public outreach. She expressed support for the debt initiative since people will be able to vote on major improvements and suggested placing a $150 million COP issue before the voters. She agreed that the City needs facilities but this entails borrowing money. In response to Council Member Daigle's question regarding transportation funds, Ms. Otting believed that the money should be used toward improving traffic and Volume 57 - Page 547 City of Newport Beach City Council Minutes February 7, 2006 for anything that'll improve emergency response. She stated that the City should work more with the border cities. Ms. Otting thanked Council for the opportunity and the voters of 2004 who voted for her. She noted that she is a longtime resident and voice of the City and has been asking questions because, with questions, come answers and knowledge, and the basis that informed decisions can be made. She understands that her ideas and opinions may not always be the same as Council's, but with diversity, the Council can aspire to be the best for the residents. She emphasized that she will be able to hit the ground running which is important due to the critical issues that need to be brought to the public in the next nine months. City Clerk Harkless drew Daniel Wampole's name from the hat. Daniel Wampole stated that he is on the board of their master homeowners association, the Newport Coast Committee 2000 (NCC2000), the Telecommunications Committee, and the Newport Coast Advisory Committee (NCAC). He indicated that he knows about the Harbor and is up to date on Newport Coast and City issues. He stated that the current vacancy was an opportunity to expand his work to the entire City, especially since District 7 is mostly made up of the Newport Coast area. In response to Mayor Pro Tern Rosansky's question, Mr. Wampole believed that a Council Member's duties involve watching out for the issues of the City, taking in the viewpoints of the residents of the District, and carrying them out. In response to Council Member Selich's question, Mr. Wampole believed that the qualities he has that most qualifies him to be on Council include a commitment to serving people in the City, the ability to listen to many viewpoints, keeping an open mind, and carrying the ideas out. In response to Council Member Nichols' question about Measure M funds, Mr. Wampole stated that the funds can be used to help resolve traffic on Mariners Mile and in Corona del Mar. Noting that an expert may need to be hired to deal with these areas, he believed that the City does a fair job of controlling the traffic signals, even on the Peninsula. In response to Council Member Daigle's question, Mr. Wampole stated that issues dealing with boaters and homeowners are in conflict with each other, and expressed his views about the party boat industry. In response to Council Member Ridgeway's question, Mr. Wampole stated that the three most important issues in the City are the City Hall project, JWA issues, and water quality. In response to Mayor Webb's questions regarding the Newport Coast Community Center and the adjacent park, Mr. Wampole noted that the preannexation agreement calls out for certain things to happen. He indicated that the most difficult issue now is that there is a funding shortfall. In response to Mayor Pro Tom Rosansky's questions, Mr. Wampole stated that he is not familiar with the two initiatives being circulated. In response to Mayor Pro Tem Rosansky's question, Mr. Wampole indicated that he does not plan to give up his position as the President of the Newport Ridge Volume 57 - Page 548 City of Newport Beach City Council Minutes February 7, 2006 Homeowners Association and that he would serve on NCAC as the Council appointee, not an NCC2000 member, if he becomes a Council Member. Council Member Selich asked Mr. Wampole what his goals would be if appointed to Council. Mr. Wampole stated that he would like to see a new City Hall in Fashion Island. In response to Council Member Nichols' question about Harbor issues, Mr. Wampole believed that the City, not the County, should patrol the Harbor, dredging needs to occur, there are issues with the boat yards, the trap setup at the Harbor entrance is difficult to maneuver around, and the Harbor has an unusual problem with high waves. In response to Council Member Daigle's question, Mr. Wampole stated that he helped start Movies in the Park, and the area now has carnivals and events budgeted. He indicated that these events create a sense of community. In response to Council Member Ridgeway's questions, Mr. Wampole stated that his platform on the homeowners association is to increase quality of life and property values. He indicated that quality of life means taking a look at issues to make sure the City stays in good financial standings to provide services. In response to Mayor Webb's questions, Mr. Wampole indicated that, if selected, he would run for election in November in order to continue the work. He stated that he will create results and do his homework to be more well -known to the rest of the community. Mr. Wampole stated that everyone who applied is qualified to serve on Council. He indicated that he brings proof of his grassroots involvement in the City, ability to look at the issues, and ability to negotiate a win -win situation. He requested Council support. Ron Winship disagreed with the appointment process and believed that the next elected officials should change this process in the Charter. He expressed his support for Ms. Otting. Tom Billings expressed his reasons why Ms. Otting should be selected. Madelene Arakelian expressed her support for Ms. Otting and pointed out her dedication to the public's rights. Brenda Martin believed that Ms. Otting will enhance Council's productivity. Wayne Zippi believed that Ms. Otting was the only person who knew the issues and noted her consistent attendance at meetings and the number of votes she received at the last election without endorsements. He believed that Ms. Otting is the most knowledgeable, qualified, and dedicated person to choose. Marianne Zippi recommended that Ms. Otting replace John Heffernan. She noted Ms. Otting's credentials and believed that she already puts the time in, doesn't need a learning curve, and is the only one capable of hitting the ground running. Spencer Wampole emphasized that his father, Dan Wampole, has a true ability to represent the people. He stated that his father really cares about the people who live around him, he loves the City, wants to make it a better place for the future, Volume 57 - Page 549 City of Newport Beach City Council Minutes February 7, 2006 and is dedicated to helping the City. Jennifer Frutig believed that the Charter provides options for filling the vacancy and that the appointment process creates a self perpetuating City Council without calling a special election. Further, she believed that the Charter is unconstitutional. She indicated that this process may be acceptable only in an emergency. Council Member Ridgeway clarified that Section 403 has been reviewed by the City Attorney and states that Council shall appoint someone within 30 days and, if Council cannot appoint someone, a special election is to be called. Larry Porter expressed support for Ms. Otting and believed that she would win in a special election. Jan Vandersloot expressed support for Ms. Otting and relayed his reasons why Council should select her. John Nelson stated that he does not support Ms. Otting and asked Council to consider all capable applicants. With the Community Center and it's funding shortfall, that's why I went b. SELECTION OF DISTRICT 7 COUNCIL MEMBER. Mayor Webb requested that Council cast their votes by paper ballot and present them to the City Clerk. City Clerk Harkless announced the votes, as follows: Council Member Nichols - Dolores Otting Council Member Daigle - Keith Curry Council Member Ridgeway - Keith Curry Council Member Selich - Keith Curry Mayor Pro Tem Rosansky - Keith Curry Mayor Webb - Keith Curry City Clerk Harkless announced that Keith Curry is the new Council Member for District 7. C. ADMINISTRATION OF OATH OF OFFICE. City Clerk Harkless called newly appointed Council Member Curry forward and administrated the Oath of Office prescribed in the State Constitution. Council Member Curry signed the Oath of Office and took his seat at the Council dais. Council Member Curry stated that he looks forward to demonstrating that he is worthy of Council's confidence. To the voters and residents of District 7, he pledged his commitment to representing the community. To the other applicants, he stated that they were all excellent candidates, he hopes they can become good friends, and he looks forward to their advice and counsel. He stated that he looks forward to the election so people can see his record. He asked those who supported other applicants to give him the opportunity to show them that he can lead. Mayor Webb requested that the Facilities Finance Review Committee appointment be placed on the next agenda in order to replace Mr. Curry and to Volume 57 - Page 550 City of Newport Beach City Council Minutes February 7, 2006 select a new Chairperson. City Clerk Harkless reported that resolutions establishing the City Hall Site Review Committee and the Facilities Finance Review Committee will also be on the agenda and added that a member has declined appointment to the Facilities Finance Review Committee. E. PUBLIC COMMENTS Mark Sites stated that he has one of the two dredging companies in the Harbor. He discussed the dredging issues and eelgrass restrictions, and requested that he be notified about dredging issues. F. ADJOURNMENT - 9:57 pm. The agenda for the Special Meeting was posted on February 1, 2006, at 12:05 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Vv ') Mayor Volume 57 - Page 551