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HomeMy WebLinkAbout04/25/2006 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 25, 2006 — 7:00 p.m. STUDY SESSION - 4:00 p.m. - Cancelled 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 REPORT - None D. PLEDGE OF ALLEGIANCE - Mayor Webb E. INVOCATION - Pastor John Embree, Newport Harbor Lutheran Church F. PRESENTATIONS Relay for Life - Anna Lisa Biason announced that the 5th Annual Relay for Life will be held on May 20 -21 at Newport Harbor High School. She invited everyone to a fundraiser, Cruise for a Cure, on Sunday, April 30. She stated that people can call (949) 877 -1065 if they want to participate in the Relay for Life or attend Cruise for a Cure. Centennial Poster Contest Winner Presentations - Senior Services Director Knight reported that the Education Centennial Committee created a 30 -page coloring book that will be distributed to Newport -Mesa Unified School District elementary school children. She announced the winners of the centennial poster contest and Mayor Webb presented them with certificates and pins. She stated that the posters can be viewed on the City's website and at the Nautical Museum. 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 Council Member Daigle reported that the Back Bay Science Center had its groundbreaking last Sunday. She indicated that staff will bring back a report to Council regarding the Resource Management Plan, the process, and how residents can get involved. Council Member Ridgeway announced that he is no longer the District 14 Southern California Association of Governments (SCAG) Representative. He reported that Council Member Daigle has been elected as his replacement. Council Member Ridgeway announced that the Bayview Landing Senior Housing ribbon cutting ceremony will take place on April 26 at 11:00 a.m. Volume 57 - Page 628 City of Newport Beach City Council Minutes April 25, 2006 Council Member Curry requested that some type of monument be created to honor the 1/1 Marines who are serving in Iraq. He requested that the City Manager come back with a report at the May 23 meeting which forms an ad hoc committee consisting of members from the 1/1 committee, veterans groups, the City Arts Commission, and the Parks, Beaches and Recreation Commission to recommend a location, design, and funding plan for the monument. Council Member Ridgeway recommended that the ad hoc committee also include an American Legion representative. Council Member Selich announced that the Balboa Island Art Walk will be held on May 21 and more information is on www.balboaislandartwalk.com. He also announced that the Balboa Island Parade will be held on June 4 at 11:00 a.m. and Balboa Island will be holding a town hall meeting on Saturday, April 29 from 10:30 a.m. to noon at the fire station. Council Member Selich reported that Balboa Island will be holding a town hall meeting on Saturday, April 29 from 10:30 a.m. to noon at the fire station. Mayor Pro Tem Rosansky reported that the Newport Beach Film Festival started on April 20 and will run until April 30. Council Member Ridgeway announced that there will be seminars over the weekend. Mayor Webb announced that he presented Cinematographer Haskell Wexler with a proclamation. Mayor Webb stated that Boy Scout Troop 746 is in the audience to earn their communications merit badge and Alicia Robinson of the Daily Pilot is back reporting on the City. Mayor Webb announced that he attended the OASIS Senior Center volunteer recognition lunch on Wednesday, the Donna and John Crean Mariners Branch Library dedication on Thursday, and the ground- blessing ceremony for the St. Marks Presbyterian Church. Mayor Webb announced that there are 129 days left until the City's 100th birthday and read "Centennial Moments ". I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF APRIL 11, 2006. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCES FOR INTRODUCTION 3. AMENDMENT TO THE 1997 UNIFORM ADMINISTRATIVE CODE ESTABLISHING A JOINT BUILDING AND FIRE CODE APPEALS BOARD. [100- 2006] Introduce Ordinance No. 2006 -11 and pass to second reading on May 9, 2006. RESOLUTION FOR ADOPTION 4. RESOLUTION EXTENDING THE CITY COUNCIL'S AD HOC COMMITTEE ON OIL & GAS FIELD OPERATIONS. [100 -2006] Adopt Resolution No. 2006 -28 extending indefinitely the term of the City Council's Ad Hoc Committee on Oil and Gas Field Operations. Volume 57 - Page 629 City of Newport Beach City Council Minutes April 25, 2006 CONTRACTS AND AGREEMENTS 5. CENTENNIAL BOOK AGREEMENT WITH OCR MAGAZINES (C- 3761). [381100- 2006) 1) Approve the proposal submitted by OCR Magazines; 2) allow the final form of the Professional Services Agreement with OCR Community Publications to be approved by the Council Members on the Centennial Steering Committee and the City Attorney; and 3) authorize the City Manager to execute the agreement. 6. TRAFFIC SIGNAL UPGRADES FY04 -05 - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3764). [381100 -2006] 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after Council acceptance. 7. NEWPORT BOULEVARDIHOSPITAL ROAD RIGHT TURN MODIFICATIONS - AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING (C- 8681). [381100 -2006] Approve Amendment No. 3 to Professional Services Agreement with W.G. Zimmerman Engineering, Inc. and authorize the Mayor and City Clerk to execute the Amendment. 8. IRVINE AVENUE WATER MAIN - UNIVERSITY DRIVE TO BRISTOL STREET SOUTH - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3411). [381100- 2006] 1) Accept the work; 2) authorize staff to encumber $69,133.50 from the Water Transmission Main Master Plan Improvement account balance to W.A. Rasic for work completed; 3) authorize the City Clerk to file a Notice of Completion; 4) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 5) release the Faithful Performance Bond one (1) year after Council acceptance. 10. JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET - AWARD OF CONTRACT (C- 3785). [381100 -2006] 1) Approve the plans and specifications; 2) award the contract (C -3785) to R.J. Noble Company for the total bid price of $911,669.50 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $90,000.50 to cover the cost of unforeseen work as needed under the existing on -call professional services agreements and an amount of $18,500 for geotechnical and materials testing services; and 4) approve a budget amendment (06BA -062) appropriating $181,420 from the Measure M fund balance to Account No. 7281- C5100831. 15. 2005 -2006 VARIOUS CITY SEWER MAIN IMPROVEMENTS AND BIG CANYON TRUNK SEWER REPLACEMENT - AWARD OF CONTRACT (C- 3562). [381100• 2006] 1) Approve Letter Agreement between Big Canyon Country Club, Orange Count3 Sanitation District (OCSD) and the City regarding the construction of the Big Canyor. Trunk Sewer Replacement, amended and restated City Easements, and Quitclaim of Cit3 Easement; 2) approve Construction Access Agreement with the Big Canyon Country Clul for the construction of the Big Canyon Trunk Sewer Replacement; 3) approve the plans anc specifications; 4) award the contract (C -3562) to Beador Construction for the Total Bic Price of $4,063,300, and authorize the Mayor and the City Clerk to execute the contract contingent upon OCSD obtaining all OCSD easements necessary to construct the project and OCSD Board's approval on April 26, 2006 of the Letter Agreement noted above a. Recommendation No. 1 and OCSD Board ratification of the OCSD staff letter agreement t( reimburse the City for work performed by Clarke Contracting Corporation; 5) establish ar. Volume 57 - Page 630 City of Newport Beach City Council Minutes April 25, 2006 amount of $400,000 (10 %) to cover the cost of unforeseen work; 6) approve Amendment No. 1 to Professional Services Agreement with Walden and Associates for additional design and construction services for the Big Canyon Trunk Sewer Replacement for a not to exceed additional fee of $89,150; 7) approve Professional Services Agreement with AESCO Technologies, Inc. for geotechnical and material testing for the Big Canyon Trunk Sewer Replacement for a not to exceed fee of $42,390; 8) approve a budget amendment (06BA- 064) appropriating $3,382,675 to Account No. 7251- C5600292 for the Big Canyon Trunk Sewer Replacement and increase revenue estimates by $3,523,200.42, representing OCSD's contribution for this work and including a 4% City administrative fee on the construction costs; and 9) approve a budget amendment (06BA -064) transferring $378,000 from the Buck Gully Sewer Force Main Realignment project (Account No. 7531- C5600861), $75,000 from the CdM Main Beach Sewer Relocation project (Account No. 7531- C5600862) and $150,000 from the Wastewater Enterprise unappropriated fund balance to Sewer Main Master Plan Improvements Account No. 7531- C5600292 and appropriate $19,000 from the General Fund unappropriated fund balance to Storm Drain Improvement Program Account No. 7012- C510008. MISCELLANEOUS 16. CORONA DEL MAR HIGH SCHOOL PARKING LOT PAVING. [100 -2006] Authorize reimbursement of $80,052.50 to the Newport Mesa Unified School District for one -half the cost to reconfigure and repave the parking lot and drop -off area at Corona del Mar High School to be paid from Account 7261- C5200853. 17. REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED TO THE ADOPTION OF INTERIM URGENCY ORDINANCE NOS. 2005 -7 AND 2005 -11 REGULATING MEDICAL MARIJUANA DISPENSARIES. [100 -2006] Receive and file the report. 18. PROPOSED CITY COUNCIL POLICY B -17 /PARKS, FACILITIES AND RECREATION PROGRAM DONATIONS. [100 -2006] Continue to the May 9, 2006 Council meeting. 19. APPOINTMENT BY MAYOR OF AD -HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2006. [100 -2006] Confirm the Mayor's appointment of Council Members Daigle and Selich and Mayor Pro Tem Rosansky (Chair) to serve on the ad -hoc appointments committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2006. 529. PURCHASE OF WARD "NO SMOKE" EXHAUST FILTRATION SYSTEMS FOR FIRE APPARATUS (PHASE 3). [100 -2006] Approve the purchase of five Ward "No Smoke" Exhaust Filtration Systems for fire apparatus. 530. RESOLUTION SUPPORTING THE GRANT PROPOSAL FOR FUNDING TO PROMOTE WATER USE EFFICIENCY. [100 -2006] Adopt Resolution No. 2006 -33 endorsing the grant application for funding under the CALFED Water Use Efficiency and Water 2025 Challenge Grant Programs. Motion by Mayor Pro Tern Rosansky to approve the Consent Calendar, except for the items removed (9, 11, 12, 13, 14, & 20), and noting the continuation of Item 18. Volume 57 - Page 631 City of Newport Beach City Council Minutes April 25, 2006 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 9. BACK BAY SCIENCE CENTER - APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH BAGAHI ENGINEERING, INC. (C- 3460). [381100 -20061 Council Member Nichols pointed out that there is an increase in costs but indicated that the project will be good for the Back Bay. Council Member Ridgeway reported that the artificial tidepools that are being created at the Center will relieve some of the pressure at Little Corona's tidepools. Motion by Council Member Nichols to approve Amendment No. 3 to Professional Services Agreement with Bagabi Engineering, Inc. for geotechnical observation and testing in support of the Back Bay Science Center construction for an amount not to exceed $66,260 to be funded from Account No. 7251- C0310600, and authorize the Mayor and City Clerk to execute the Amendment. 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 11. BIOLOGICAL RESOURCE SERVICES FOR NEWPORT COAST - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH CHAMBERS GROUP, INC. (C- 3837). [381100 -20061 City Manager Bludau clarified that the agreement is for the identification and cataloging of all flora and fauna in eight Newport Coast canyons so that they are protected while work is being performed. Council Member Ridgeway noted that the work has already been completed. Motion by Mayor Pro Tem Rosansky to approve a budget amendment (06BA -060) transferring $8,500 from the Morning Canyon Stabilization Project (7014- C5100805) to the Newport Coast Watershed Assessment and Monitoring (7014- C5100851); and 2) approve Amendment No. 1 to the Professional Services Agreement with Chambers Group, Inc. of Irvine for a not -to- exceed fee of $8,500 and authorize the Mayor and City Clerk to execute the Amendment. 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 12. NEWPORT COAST COMMUNITY CENTER AND SANTA ANA HEIGHTS FIRE STATION AND TRAINING FACILITY - APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH GKK WORKS (C- 3838). 1381100 -20061 In response to Council Member Nichols' question about placing the community center on the fire station lot, it was pointed out that the contract is for two different locations and is Volume 57 - Page 632 City of Newport Beach City Council Minutes April 25, 2006 just for the management of both the projects. Public Works Director Badum pointed out that this contract is contingent on the award of contracts for both facilities and the amount will be adjusted depending on whether the projects are awarded. Motion by Mayor Pro Tem Rosansky to approve a Professional Services Agreement for construction management services with GKK Works and authorize the Mayor and City Clerk to execute the Agreement in the amount of $539,111, contingent upon awarding the contracts for the Newport Coast Community Center and the Santa Ana Heights Fire Station. 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 13. BUDGET AMENDMENT AND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING TO PROVIDE SURVEY AND IMPLEMENTATION OF THE AMORTIZATION PROGRAM FOR IDENTIFIED NONCONFORMING SIGNS (C- 3623). [381100 -20061 In response to Council Member Nichols' concern, Council Member Selich noted that, prior to adopting the sign ordinance, Council was made aware that it would cost additional funds to expand the nonconforming sign inventory. Motion by Council Member Selich to 1) approve a budget amendment (06BA -061) to transfer $33,000 from unappropriated General Fund reserve, 010 -3605, to Account number 2710 -8261, Special Expense, Sign Regulations; and 2) approve and authorize the Mayor and City Clerk to sign the amendment to the agreement. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tom Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 14. AMENDMENT TO JOINT POWERS AUTHORITY AGREEMENT - INTEGRATED LAW AND JUSTICE AGENCY (C- 3692). [381100 -20061 In response to Council Member Nichols' questions, Police Chief McDonell explained that the information- sharing program is only one part of the agreement and highlighted the advantages of the Integrated Law and Justice Agency program. Motion by Mayor Pro Tern Rosansky to 1) adopt Resolution No. 2006 -29 which amends Resolution No. 2005 -55, which authorized the City of Newport Beach to participate in the Integrated Law and Justice Agency of Orange County (iLJAOC) and authorized the Mayor to execute the Amended Joint Powers Agreement (JPA); and 2) authorize the City Manager and Police Chief to execute any related documents consistent with the implementation of this Agreement and grant continuing authority to the City Manager to execute anticipated amendments to the JPA as recommended by the Chief of Police and approved by the City Attorney and determined to be non - substantive in nature. The motion carried by the following roll call vote: Volume 57 - Page 633 City of Newport Beach City Council Minutes April 25, 2006 Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 20. PARAMEDIC LIVING FACILITY, CORONA DEL MAR FIRE STATION #5. [100- 20061 Council Member Nichols noted that the Facilities Finance Review Committee is looking at replacing facilities like this and expressed concern about the cost of the trailer. Dolores Otting suggested leasing a trailer since the fire station may be torn down and moved to the Crystal Cove area due to response times. She believed that this money should be used to install a lighted crosswalk in Corona del Mar. Fire Chief Riley emphasized that the fire station at Corona del Mar is not moving but there may be an additional fire station built in the Crystal Cove area in the future. He reported on the condition of the current trailer, why they are recommending purchasing the trailer rather than leasing it, and how it can be utilized at other stations while they're being rebuilt or remodeled. He also compared the purchase price and lease rate. Motion by Council Member Curry to 1) authorize a budget amendment (06BA -063) to transfer $65,000 in Undesignated General Fund Reserves to 2320 -9500 Structures and Improvements; and 2) approve the purchase and installation of temporary housing for the paramedics at Station #5 from Modular Lifestyles, 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 H. PUBLIC HEARINGS 21. INTERIM URGENCY ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES. [100 -20061 City Attorney Clauson reported that they are recommending extending the moratorium for one year because it has not been determined whether Federal law preempts State law. Motion by Council Member Ridgeway to adopt Urgency Ordinance No. 2006 -10 extending the temporary moratorium on the establishment and operation of medical marijuana dispensaries for one (1) year. Candice Haas stated that she works for a doctor's office and noted that citizens need safe access to this medicine. She believed that all officers have to follow State law when there is a conflict between Federal and State laws. She requested that Council not extend the moratorium. Steve Ary requested that Council not extend the moratorium and uphold State law so there is safe access to medical marijuana. 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 Volume 57 - Page 634 City of Newport Beach City Council Minutes April 25, 2006 22. GENERAL PLAN UPDATE: LAND USE AND CIRCULATION ELEMENTS. [681100 -20061 Assistant City Manager Wood utilized a PowerPoint presentation and highlighted the Vision Statement that is included in the Draft General Plan. She noted that most of the contents of the new Land Use Element focuses on areas where change is likely and concentrates development in locations that visioning process participants told them may be acceptable for growth. She displayed a map of the areas outside of the Special Study Areas where there is growth and development potential and reviewed the amount of residential development that may be allowed. She also reported on the General Plan Advisory Committee's (GPAC) recommendations. Regarding Santa Ana Heights, she reported that the City cannot amend the General Plan or Speck Area Plan without written consent from the County and the County's Redevelopment Agency. She displayed a map which showed the subareas for special study and a table of the major land uses using the existing General Plan, buildout with the existing General Plan, buildout with the draft General Plan, and the draft General Plan EIR. She pointed out that, even though the proposed General Plan increases the number of average daily trips (ADT), intersection performance will improve. She also reviewed the General Plan schedule and stated that Council can place this on the ballot at the July 25 Council meeting. Carlton Waters, Urban Crossroads, utilized a PowerPoint presentation and displayed a table of traffic growth that is anticipated due to existing conditions and with the General Plan EIR alternative, and a slide of the daily trip generation by subarea (Table ES -1A). He reported that they are proposing that 18 intersections undergo improvements and showed what would happen if regional growth was not considered with the General Plan growth. He discussed a table showing the impacts of the April 20 Planning Commission recommendations. Land Use Element Assistant City Manager Wood noted that the Planning Commission focused on the Land Use Element, particularly the Airport, Newport Center, and West Newport Mesa areas, and recommended that Council do the same. Council Member Selich reviewed the thought process for his standard of review. Council agreed that the community's main concern, after the airport, is traffic and density /intensity. Mayor Pro Tem Rosansky stated his goal of eliminating the extra ADTs in the draft General Plan. Council Member Ridgeway emphasized that he will be aggressive in reducing intensity and density in the areas south of Bristol. Referencing page 3 -3, Mayor Pro Tem Rosansky requested that "strategically inserted to preserve" be replaced with "accommodated and still preserved ". West Newport Mesa Assistant City Manager Wood explained and outlined the changes recommended by the Planning Commission to reduce the Floor Area Ratio (FAR) to .75 and the number of housing units from 30 units /acre to 20 units /acre, which reduces trip generation by 7,022. Council Member Ridgeway recommended changing the FAR further to reduce ADT. Mayor Webb opened the public hearing. In response to Dolores Otting's question about the mobile home park which has low income housing, Assistant City Manager Wood reported that this will not change from the existing General Plan. Planning Director Temple noted that the area has four mobile home parks Volume 57 - Page 635 City of Newport Beach City Council Minutes April 25, 2006 that have about 22 units /acre. Carol McDermott, representing Hoag Hospital, stated that .75 FAR is consistent for the Newport Health Center, but expressed concern for the medical building across the street from Hoag Hospital because it might have a 1.0 FAR. She hoped that the existing /developed areas are categorized to be consistent with the existing development. Assistant City Manager Wood noted that the Planning Commission didn't just look at trip generation, but commented on the density of recent projects. She stated that a property owner indicated that the recommendation of 20 units /acre was in line with what he wanted to do. Without objection, Mayor Pro Tern Rosansky recommended rezoning some of the properties to medical office and proposed reducing the number of dwelling units /acre to 18 units /acre so that the ADT is further reduced by 11,218 trips, which is 2,000 trips fewer than the existing General Plan. Council Member Ridgeway suggested taking out commercial areas, rather than residential units. In response to BJ Johnson's question, Assistant City Manager Wood noted that all the public hearings have been advertised in the Daily Pilot. Council Member Ridgeway agreed with Ms. Johnson's concern about property rights. Newport Center /Fashion Island Assistant City Manager Wood explained and outlined the changes recommended by the Planning Commission and discussed the introduction of about 450 mixed use units. She confirmed that the overall net increase is 8,000 ADT. Dan Miller, The Irvine Company, indicated that they agree with the reduction in residential and office units and with reducing the square footage of commercial units. He noted that GPAC saw this area as the economic development area. Regarding the 300,000 square feet (4 increase they requested for Fashion Island, he reported that they plan to use the remaining 175,000 sf, but will need additional square footage in order to compete with South Coast Plaza. He requested that The Irvine Company be able to work with the City to assist with reducing the ADT. He also requested that a flexible policy be developed relative to transferring units between residential and hotel units since it would need to go before Council anyway. Council Member Selich proposed reducing the office space in order to protect the residential units, cutting 25,000 sf from the retail area, and counting the trip reductions along the MacArthur corridor towards Newport Center. He agreed that The Irvine Company should meet with staff to see if further reductions can be made and requested that this be brought back at a future meeting. Mr. Waters reported that, with these reductions, the ADT is still 6,000 over the existing General Plan. Carol McDermott pointed out that The Irvine Company is not the only property owner in Newport Center and expressed concern that reducing the number of units by 150 takes away from the other property owners. She added that there are other suitable locations for additional residential units. Dolores Otting expressed the opinion that the Avocado Avenue medical buildings cause a lot of the traffic problems in this area and offered suggestions on how to relieve some of the problems. Volume 57 - Page 636 City of Newport Beach City Council Minutes April 25, 2006 Airport Area Assistant City Manager Wood explained and outlined the changes recommended by the Planning Commission and pointed out that the Airport Land Use Commission (ALUC) and John Wayne Airport (JWA) provided correspondence. She reported that there are about ten unmitigatable areas in the EIR and discussed what a Statement of Overriding Consideration is. She displayed a map of the area and noted that the ALUC requested that the City take the 65 Community Noise Equivalency Level (CNEL) line into consideration. She reported that the Planning Commission requested that Council add the reasons why the area would be treated differently and include a policy that the added residential development could not eliminate any of the major landscaped areas. She indicated that the Commission's recommendations reduce the ADT by 1,576, but it is still about 10,000 trips over the existing General Plan. Council Member Ridgeway stated that the Commission's reductions are acceptable, the opportunity for smart growth is still intact, and the increase in traffic doesn't necessarily come into the City's main residential areas. He believed that the City's affordable housing needs can be met in this area. Mayor Pro Tern Rosansky stated that the City needs to find a way to reduce the number of trips in this area since it's the biggest generator of trips in the City. Mr. Waters reported that, with the trip reductions made in the three areas tonight, the total reduction has dropped from 3.49% to 1.63 %, and that there are about eight areas left to review. Assistant City Manager Wood pointed out that tonight Council is discussing the areas that have the greatest increase in trips. Mr. Waters reported that the extra trips are coming from the increase in apartment units and hotel rooms and that the residential units can be reduced to 2,200 and the density can be reduced in order to be trip neutral. Council Member Selich recommended decreasing it to 2,000 units. Without objection, it was recommended that the height restrictions be added to the policy in FAR Part 77. Assistant City Manager Wood added that the ALUC and JWA requested that the City be speck about the 203.68 feet above mean sea level and also reference the datum point, but she believed that this is more appropriate for the zoning ordinance. Council Member Ridgeway suggested that the height, multiple use, and 11,000 ADT issues be deferred to the next meeting. It was the consensus of Council to support not having housing inside the 65 CNEL line. Dolores Otting expressed concern about how the area will be affected if high density, high rises are built and agreed that trips need to be reduced. Carol McDermott, representing the Koll Company, believed that there is a credit for mixed use residential units. She indicated that they would like to work with staff to clarify issues about the 65 CNEL line, residential units on the Conexant site, and possible changes to the ROMA recommendations. Carol Boice, GPAC member, noted that everyone wants the General Plan to pass, but expressed the opinion that the recommendations may be deviating from the visioning surveys. She recommended lowering the density in the airport area's residential villages. Philip Bettencourt, representing Brookfield Homes, stated that their project would reduce the authorized trips by two - thirds and noted that it is outside the 65 CNEL line. He expressed concern with the current General Plan standards. He stated that the City needs Volume 57 - Page 637 City of Newport Beach City Council Minutes April 25, 2006 to consider what would happen if there was a wholesale density reduction. Council Member Nichols discussed possible 65 CNEL line modifications. Mayor Webb pointed out that the City must use the current Airport Environs Land Use Plan (AELUP) 65 CNEL line until the airport adopts a new line. Mayor Pro Tem Rosansky asked staff to compile some type of residential overlay that is traffic neutral. Circulation Element In response to Council Member Nichols' question, Mr. Waters reported that, in Corona del Mar, the Goldenrod and Marguerite signals will experience Level of Service (LOS) E traffic conditions due to regional growth and they are not recommending improvements due to the character of the area. Assistant City Manager Wood clarified that the existing Circulation Element sets LOS D as a goal, not a standard, but they are proposing setting LOS D as a standard in the draft Circulation Element for most of the intersections. Council Member Selich noted that the Planning Commission hasn't made any recommendations relative to the Circulation Element. Harry Rinker referenced a letter he presented to Council and reported that the Mesa Drive neighborhood opposes the addition of the horse trail since it cuts through the existing landscaping which they own in -fee. He added that his property would have to be condemned in order to have the trail in front of it. Since the proposed trail is already in the Santa Ana Heights Specific Area Plan, City Manager Bludau indicated that staff will determine the appropriate process to eliminate the trail in the Specific Area Plan and will inform the Mesa Drive residents of the procedure. Carol Boice noted that the proposed roadway classification system has been changed. Mayor Webb reported that this occurred because the capacity of a street is difficult to evaluate, so it was recommended that a range be used. He confirmed that this is consistent with what the County has used. Mayor Webb recessed the meeting at 11:09 p.m. and reconvened the meeting at 11:16 p.m. with all members of the City Council in attendance. L. PUBLIC COMMENT BJ Johnson, Corona del Mar Residents Association, invited Council to their general meeting tomorrow at Sherman Gardens at 5:30 p.m. Elise Wayman read a letter that was signed by Seacliff Mobile Home Park residents regarding the closure. Mayor Webb directed her to contact the City Attorney's office so it can be determined if her information should be presented to Council at a meeting. Dolores Otting suggested that the memorial Council Member Curry recommended also include other branches of the military and the City's firefighters and police officers. She recommended displaying it at the Central Library or at City Hall. She also recommended hanging the American flag from the 1/1 Marines behind the Council Members in the Chambers. Council Member Ridgeway explained the intent behind the adoption of the 1/1 Marines and added that there is already a monument at Newport Elementary School. Mayor Webb stated that there are also monuments underneath the City's flagpole and at the American Legion. Volume 57 - Page 638 City of Newport Beach City Council Minutes April 25, 2006 M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 23. PLANNING COMMISSION AGENDA FOR APRIL 20, 2006. [100 -20061 to Council Member Daigle stated that the application to subdivide a tennis court lot at 6 Barrenger Court is being opposed by the neighbors. She requested that Council be informed if any determination is made by staff. 24. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 1.35 TO THE NBMC LIMITING THE USE OF THE CITY S POWER OF EMINENT DOMAIN. [100 -20061 Motion by Council Member Curry_ to introduce Ordinance No. 2006 -12. 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 P. CURRENT BUSINESS 25. RESOLUTION ENTERING INTO A SISTER CITY RELATIONSHIP WITH ENSENADA, MEXICO. [100 -20061 City Manager Bludau reported that the City currently has three sister cities and the Sister City Association is requesting that Ensenada, Mexico, also become a sister city. Mayor Webb noted that the City has had a relationship with Ensenada for many years and Ensenada has formed a group similar to the City's Sister City Association to foster the relationship. Council Member Ridgeway added that a sister city relationship is civic, cultural, and educational, and highlighted Ensenada's attributes. Sid Stokes, Sister City Association, stated that the sister city program establishes friendships between cities. He reported on what was involved in their decision, emphasized that Ensenada is only three hours away, and recommended that Council adopt the resolution. Motion by Council Member Ridgeway to adopt Resolution No. 2006 -30. 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 Abstain: Council Member Nichols 26, THIS ITEM LEFT BLANK INTENTIONALLY. 27. NEWPORT COAST COMMUNITY CENTER: AWARD OF CONTRACT (C- 3577), ADOPTION OF RESOLUTIONS AND OPERATING AGREEMENT RELATING TO NEWPORT RIDGE PARK AND CRESTRIDGE PARK, BUDGET AMENDMENT, COUNCIL POLICY ON COMMUNITY ACCESS AND USE PLAN FOR CENTER. [381100 -20061 Volume 57 - Page 639 City of Newport Beach City Council Minutes April 26, 2006 Assistant City Manager Kiff utilized a PowerPoint presentation to discuss the Newport Coast Community Center, Newport Ridge Park issues, the bid award, and the recommendations. He emphasized that the funding for the community center did not come from excess assessment district payments or excess property tax payments. He also displayed a map showing the three park parcels. Discussion ensued relative to the City's share of the furnishings, fixtures and equipment (FF &E) costs, the Community Access and Use Plan, Parcel C, Crestview Park use restrictions, and the homeowner association's desire to not have an operating agreement with the City for the ballfields and tennis courts. Council Member Ridgeway believed that this does not comply with the Subdivision Map Act. City Attorney Clauson noted that the second resolution identifies the Map Act as a major issue but clarified that the action is not to create a new parcel or split the parcel, but to accept a portion within the parcel as described by the legal description. She also clarified that the City is not executing a deed. Council Member Ridgeway believed that the operating agreement should have the City controlling the baseball fields in Parcel B. Council Member Daigle emphasized the City's need for more fields and that there would be more access to the fields if the City managed them. Mayor Webb noted that they do not have a complete map of Parcel C. Assistant City Manager Kiff indicated that he can bring back the resolution at the next meeting that includes the legal description and a diagram of the lot. Dan Wampole, Newport Ridge Homeowners Association, stated that they always negotiated to keep the park. He stated that the association owns it, understands that there is in Offer of Dedication (IOD) on it, and understands its legal implications. He stated that they support staffs recommendations, even though all the details are not worked out yet. He indicated that they would not support the City managing the ballfields. He indicated that, if other people wanted to use the fields, they can contact the association. He confirmed that the sidewalks will remain open. Council Member Ridgeway believed that the IOD was included with the intent to create a park for the entire City and that it supercedes the Pre - Annexation Agreement (PAA). Mr. Wampole pointed out that the residents have been paying for the upkeep of the park and are willing to give the City only the community center land. Don Phelps expressed concern about losing part of the park and requested that a vote be taken relative to whether the residents even want the community center. He requested that Council reject the recommendations. John Buttolph stated that he agrees with Council Member Ridgeway. He believed that the City needs more ballfields and should manage them. He noted that the IOD gives the City an option which will benefit all the residents. Dolores Otting took issue with giving priority of the center to the Newport Coast residents and believed that this is setting precedence. She noted that Newport Coast residents don't pay for a lot of City services that everyone else pays for. Philip Greer indicated that he initially opposed the annexation, but has since changed his mind. He believed that the recommendations are a compromise that will bring Newport Coast residents into the City. Council Member Curry believed that the community center is needed for the City, it is appropriate for the City to pay the funding shortfall, and it is important to respond to the bids so costs don't increase further. He emphasized that Newport Coast is a part of the Volume 57 - Page 640 City of Newport Beach City Council Minutes April 25, 2006 City and supported the recommendations. Motionn_ Council Member Curry to A. NEWPORT RIDGE PARK RESOLUTIONS - 1) adopt Resolution No. 2006 -31 accepting a portion of the Newport Ridge Park property offered to the City of Newport Beach by the San Joaquin Hills local parks Irrevocable Offer of Dedication and reserving the right of the City of Newport Beach to accept the remainder of the property; and 2) adopt Resolution No. 2006 -32 declaring the City's intent to, at a future date, reject portions of the remaining property offered to the City of Newport Beach by the San Joaquin Hills local parks Irrevocable Offer of Dedication; B. NEWPORT RIDGE PARK OPERATING AGREEMENT - authorize the City Manager to enter into an Operating Agreement with the Newport Ridge Community Association as to the Association's operation of the two ballfields and parking lot at Newport Ridge Park (agreement shall substantially reflect the terms shown in Exhibit H); C. AWARD OF COMMUNITY CENTER CONTRACT & BUDGET AMENDMENT - 1) approve the plans and specifications; 2) approve a budget amendment (06BA -065) appropriating the funds as follows to the Project: (a) $6,689,725 from Newport Coast Annexation Funds ( "Newport Coast Community Center" - 7251- C5100569); and (b) $2,761,995 from General Fund Operating Reserves; 3) award a contract (C -3577) to Bernards Bros., Inc. for the total bid price of $8,159,000, and authorize the Mayor and the City Clerk to execute the contract; 4) provide that $800,000 of the budgeted amount in Item C -2 may be used to cover the costs of testing, unforeseen work and permits and up to $400,000 may be used for construction management; 5) approve Amendment No. 1 to the Professional Services Agreement with Dougherty & Dougherty Architects LLP; and D. NEW COUNCIL POLICY ON NEWPORT COAST COMMUNITY CENTER COMMUNITY ACCESS AND USE PLAN -adopt Council Policy B -18 relating to a Community Access and Use Plan for the Newport Coast Community Center. Council Member Nichols expressed his support of the motion and noted that, if this is not approved, the association keeps control of the entire park, there would be no community center, and the City would need to pay the association back the remainder of the $7 million. He noted that the City has given area residents priority over facilities before. Council Member Ridgeway believed that this is not a gift of land from the association or Committee of 2000 since the IOD exists. He noted that, in an agreement with the Irvine Ranch Water District (IRWD), the City was supposed to take over Newport Coast's infrastructure if it was taken over by the City, which equates to about $25 million, but the City hasn't done this. Mayor Webb indicated that he could agree with rejecting Parcel C, as long as the City produces a map that shows the area. He requested that the map include a public sidewalk easement that roughly follows the same alignment as the current sidewalk. Substitute motion by Mayor Pro Tem Rosansky to A. NEWPORT RIDGE PARK RESOLUTIONS - 1) adopt Resolution No. 2006 -31 accepting a portion of the Newport Ridge Park property offered to the City of Newport Beach by the San Joaquin Hills local parks Irrevocable Offer of Dedication and reserving the right of the City of Newport Beach to accept the remainder of the property; and C. AWARD OF COMMUNITY CENTER CONTRACT & BUDGET AMENDMENT - 1) approve the plans and specifications; 2) approve a budget amendment (06BA -065) appropriating the funds as follows to the Project: (a) $6,689,725 from Newport Coast Annexation Funds ( "Newport Coast Community Center" - 7251- C5100569); and (b) $2,761,995 from General Fund Operating Reserves; 3) award a contract (C -3577) to Bernards Bros., Inc. for the total bid price of $8,159,000, and authorize the Mayor and the City Clerk to execute the contract; 4) provide that $800,000 of the budgeted amount in Item C -2 may be used to cover the costs of Volume 57 - Page 641 City of Newport Beach City Council Minutes April 25, 2006 testing, unforeseen work and permits and up to $400,000 may be used for construction management; 5) approve Amendment No. 1 to the Professional Services Agreement with Dougherty & Dougherty Architects LLP; and continue the other items for further study. Assistant City Manager Kiff noted that the substitute motion is the scenario the Newport Ridge Homeowners Association feared because it offers no assurances that the remainder of the park would remain private. He clarified that, if the second resolution was adopted tonight, a resolution will be brought back to Council at the next meeting that rejects the parcel and includes a legal map and the suggestion to include a public sidewalk easement. City Attorney Clauson explained that the second resolution is only a declaration of Council's intent. She believed that, if Council does not object to Parcel C remaining the association's, a resolution can be brought back to show exactly where the public sidewalk will be. City Manager Bludau stated that the association is now aware of what the expectation for the ballfield is and, if the use is not being met, Council can come back and accept the IOD. He believed that, by not accepting the IOD now, the City will have use of the fields but won't be paying for maintenance. Council Member Ridgeway believed that the agreement does not do this. He suggested approving the IOD for Parcel B and taking over management of the ballfields. Council Member Curry noted that the operating agreement states that the priority for the ballfields after the Newport Coast teams are accommodated, is to City associated leagues and teams. He expressed concern with off - tracking or aborting the community center project. Amended substitute motion by Mayor Pro Tern Rosansky to A. NEWPORT RIDGE PARK RESOLUTIONS - 1) adopt Resolution No. 2006 -31 accepting a portion of the Newport Ridge Park property offered to the City of Newport Beach by the San Joaquin Hills local parks Irrevocable Offer of Dedication and reserving the right of the City of Newport Beach to accept the remainder of the property; and 2) adopt amended Resolution No. 2006 -32 declaring the City's intent to, at a future date, reject portions of the remaining property offered to the City of Newport Beach by the San Joaquin Hills local parks Irrevocable Offer of Dedication, provided that such rejection of the parcel includes the establishment of an easement or similar mechanism that ensures that the sidewalk along Coyote Canyon Landfill and the sidewalk along Newport Ridge Drive through Newport Ridge Park remain open to the public; and C. AWARD OF COMMUNITY CENTER CONTRACT & BUDGET AMENDMENT - 1) approve the plans and specifications; 2) approve a budget amendment (06BA -065) appropriating the funds as follows to the Project: (a) $6,689,725 from Newport Coast Annexation Funds ( "Newport Coast Community Center" - 7251- C5100569); and (b) $2,761,995 from General Fund Operating Reserves; 3) award a contract (C -3577) to Bernards Bros., Inc. for the total bid price of $8,159,000, and authorize the Mayor and the City Clerk to execute the contract; 4) provide that $800,000 of the budgeted amount in Item C -2 may be used to cover the costs of testing, unforeseen work and permits and up to $400,000 may be used for construction management; 5) approve Amendment No. 1 to the Professional Services Agreement with Dougherty & Dougherty Architects LLP; and continue the other items for further study. The amended substitute 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 Abstain: Council Member Nichols Volume 57 - Page 642 City of Newport Beach City Council Minutes April 25, 2006 23. INDEMNIFICATION AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH FOR ELECTION SERVICES PROVIDED TO THE CITY FOR THE PETITION SUBMITTED TO THE CITY ON APRIL 3, 2006 AS IT RELATES TO THE MINORITY LANGUAGE PROVISIONS OF THE VOTING RIGHTS ACT OF 1965. 1100 -20061 City Clerk Harkless reported that the 9th Circuit Court of Appeals ordered that the Padilla v. Lever case be reheard. She indicated that, since the Padilla opinion cannot be cited as precedence, the indemnity agreement is no longer required by the County. She recommended that Council take no action on this item tonight. She confirmed that the County will continue to do the count on the initiative whether there is an indemnification agreement or not. John Buttolph thanked the City Attorney and City Clerk for their efforts and recommendation. Q. MOTION FOR RECONSIDERATION - None R. ADJOURNMENT - at 12:55 a.m: on Wednesday, April 26, 2006, in memory of Pat Smith The agenda for the Regular Meeting was posted on April 19, 2006, at 3:1 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 April 21, 2006, at 11:30 a.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 643