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HomeMy WebLinkAbout07/24/2007 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 24, 2007 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:00 p.m. III. RECESS IV. RE DONVENED.AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner VI. CLOSED SESSION REPORT - None. VII. PLEDGE OF ALLEGIANCE - Mayor Rosansky VIII. INVOCATION - Mrs. Marianne Scott, First Church of Christ Scientist IX. PRESENTATIONS Introduction of Sister Cities International Youth Conference Representatives - Sister Cities Association President Cherri Myers introduced the four youth conference attendees who provided a recap of their experiences at the conference. Recognition of James M. "Mickey" Dunlap for his eight years of service on the Civil Service Board - Mayor Rosansky presented Mr. Dunlap with a Certificate of Recognition and thanked him and all the volunteers on Boards, Commissions, and Committees for their time. Presentation by the Newport Beach Conference and Visitors Bureau - Gary Sherwin of the Conference and . Visitors Bureau discussed the events that were put together to honor John Wayne. Mr. Sherwin, Gary Shwank of the Newport Beach Film Festival, and Ethan Wayne, President of Wayne Enterprises and John Wayne's son, thanked the City for being a part of the celebration. They presented the Mayor with a framed John Wayne banner and stated that each Council Member will be receiving one. M NOTICEYO THE PUBLIC XI. CITYCOUNCIL ANNOUNCEMENTS__OR_.MATTERS WHICH COU ClL__MEMBERS WOULDLIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION,_ ACTION .-OR REPORT_LNON- DISCUSSION ITEM1: Council Member Henn requested a future study session item to discuss parking solutions for the Balboa Village area. Council Member Curry reported that he was at an event last week in which the President of Volume 58 - Page 223 City of Newport Beach City Council Minutes July 24, 2007 XII. Poland, Lech Kaczynski, was in attendance. Mayor Pro Tem Selich requested that a report come back relative to the feasibility of reconfiguring the marina in order to get more short term tie -ups for duffy boats and dinghies. Mayor Pro Tem Selich reported that too many accidents occur on Bayside Drive and requested a report on what can be done to alleviate this serious problem, like changing the street to two lanes. Council Member Gardner announced that residents can dispose of electronic waste on August 11 from 9:00 a.m. to 1:00 p.m. at the Surterre Properties. She stated that more information can be found by contacting the Earth Resource Foundation. Council Member Gardner requested that a community meeting be held relative to the Corona del Mar Library and its potential closing, and that notices be sent out at least three weeks prior to the meeting. Council Member Daigle requested a report on the procedures the Police Department uses for registered sex offenders. Mayor Rosansky announced that he attended the Environmental Nature Center's groundbreaking. Mayor Rosansky requested a joint study session with the Harbor Commission to discuss Harbor issues and to set priorities. CONSENZ CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JULY 10, 2007. [100 -20071 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. B. ORDINANCE FOR ADOPTION 3. AMENDMENT TO THE TRAFFIC PHASING ORDINANCE (TPO). [100- 20071 Adopt Ordinance No. 2007 -12 amending Chapter 15.40 of the NBMC (the Traffic Phasing Ordinance) to delete references to NBTAM and to make the Institute of Transportation Engineers' Trip Generation the primary source for calculating trip generation rates. C. RESOLUTIONS F R ADOPTION 4. NEWPORT BEACH BREWING COMPANY, REVIEW OF USE PERMIT NO. 3485, 2920 NEWPORT BOULEVARD (PA2006 -177). [100 -20071 Continue to a future Council meeting. 5. EXECUTION OF FISCAL YEAR 2006 HOMELAND SECURITY GRANT PROGRAMS TRANSFER AGREEMENTS (C- 3862). 1381100 -20071 Adopt Resolution No. 2007 -53 authorizing the Police Chief, Fire Chief and City Manager to act as "Authorized Agents" to execute the necessary documents in conjunction with the agreements. Volume 58 - Page 224 City of Newport Beach City Council Minutes July 24, 2007 6. RESOLUTION CHANGING STREET SWEEPING PARKING RESTRICTIONS ON THE WEST SIDE OF HIGHLAND STREET NORTH OF COAST HIGHWAY. 1100 -20071 a) Adopt Resolution No. 2007 -54 changing street sweeping operation and related No Parking restrictions on the west side of Highland Street, north of Coast Highway from Monday (9:30 a.m. to 12:30 p.m.) to Tuesday (9:30 a.m. to 12:30 p.m.); and b) rescind Resolution No. 2004 -82. D. CONTRACTS AND AGREEMENTS BUFFALO HILLS PARK LIGHTING - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH JMD, INC. (C- 3956). [381100 -20071 Approve an Amendment to the Professional Services Agreement with JMD, Inc. (formerly known as JMDiaz, Inc.) of the City of Industry for Additional engineering services at a not to exceed price of $20,502 and authorize the Mayor and the City Clerk to execute the Amendment. 8. OCEANFRONT SAND REPLENISHMENT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT AND NICHOL FOR ENGINEERING SERVICES (C- 3957). [381100 -20071 Continue to a future Council meeting. 9. BUCK GULLY WETLANDS MAINTENANCE ROAD REPAIRS AT 5TH STREET - AWARD OF CONTRACT (C- 3778). [381100 -20071 a) Approve the drawings and specifications; b) award the contract (C -3778) to McKenna General Engineering Inc. for the total bid price of $344,823.60, and authorize the Mayor and City Clerk to execute the contract; c) establish an amount of $34,500 (10 %) to cover the cost of unforeseen work; and d) approve a budget amendment (08BA -004) in the amount of $136,323.60 ($68,000 from Account No. 7501- C6002001 [Ocean Birch Drive Water Main] to 7501- C5100659 [Buck Gully Wetlands Maintenance Road Repairs] and $68,323.60 from Account No. 010 -3605 [Unappropriated General Fund]) to Account No. 7011- C5100659. 10. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES - HYATT REGENCY ENVIRONMENTAL IMPACT REPORT (EIR) (C- 3834). [381100- 20071 Receive and File. 11. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH GABLE ENGINEERING, INC. FOR CIP PROJECT MANAGEMENT SERVICES (C- 3915). [38/100 -2007] Approve Amendment No. 1 to Professional Services Agreement with Gable Engineering, Inc. at a not to exceed price of $104,000 and authorize the Mayor and City Clerk to execute the agreement. E. MISCELLANEOUS 13. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE TO FILL EDC VACANCIES. 1100 -20071 Fill current Economic Development Committee vacancies by appointing Danielle Sims as the Newport Center representative and Sheri Drewry as the representative for the restaurant industry. 15. CIVIL SERVICE BOARD RULE CHANGE. [100 -20071 Change Civil Service Rule 501.2.2.A to allow the Civil Service Board to make an exception regarding the six month waiting period for promotional exams only on a case -by -case basis when Volume 58 - Page 225 City of Newport Beach City Council Minutes July 24, 2007 recommended by the Police Chief or Fire Chief 16. PURCHASE OF POLICE DEPARTMENT DIGITAL VIDEO SYSTEM FOR JAIL AND POLICY FACILITY (C- 3958). 1381100 -20071 a) Authorize the purchase of Police facility DVR system from existing CIP budget appropriations, Budget No. 7017- CI820819 ($222,000); b) remove and replace current VHS video system with a DVR recording system; and c) use Silicon Avenue as a single source vendor to provide the equipment and installation of the system. 17. STRATEGIC PLAN FOR FISCAL AND ECONOMIC STABILITY. [100- 20071 a) Approve Strategic Plan for Fiscal and Economic Stability; and b) approve a budget amendment (08BA -005) transferring $350,000 from unappropriated General Fund Reserve to Account 2720 -8080 Economic Development Professional and Technical Services. Motion by MayQr_..Pro_Tem Selich to approve the Consent Calendar, except those items removed (12, 14, & S23); and noting the continuance of Items 4 and 8. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry,, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 12. REQUEST FOR ADDITIONAL FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICTS 92, 100, 101 AND 103. [891100 -20071 Following confirmation with the City Attorney that Council Member Henn does not have a conflict of interest, Public Works Director Badum indicated that failed Assessment District No. 99 (AD -99) may be combined with Assessment District No. 103 (AD -103) if the residents obtained the necessary signatures and since AD -103 is not too far along. However, he noted that doing this could slow down the design process for AD -103. Motion bv_Council Member Webb to approve a budget amendment (08BA -006) in the amount of $140,525 from the General Fund Unappropriated Reserves and appropriate to the following Assessments Districts: AD -92 (Acct. 74092 -9811) - $19,500; AD -100 (Acct. 74100 -9811) - $50,425; AD -101 (Acct. 74101 -9811) - $11,600; and AD -103 (Acct. 74103- 9811) - $59,000. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner 14. GRAND JURY RESPONSE TO THE REPORT "NEWPORT HARBOR MOORINGS: ARE THEY HELD IN THE PUBLIC TRUST OR FOR PRIVATE PROFIT?" [100- 20071 In response to Council Member Daigle's questions, City Attorney Clauson explained the purpose and duties of the Grand Jury. Council Member Daigle highlighted the City's positions as outlined in.the staff report and reported that the City didn't agree completely with the Grand Jury's findings. Motion by Council Member Henn to authorize the Mayor to transmit a response to the Volume 58 - Page 226 .City of Newport Beach City Council Minutes July 24, 2007 Grand Jury findings . and recommendations regarding a Newport Harbor mooring investigation to the Presiding Judge of the Grand Jury and the Grand Jury Foreman. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Daigle, Council Member Gardner Absent: Council Member Webb S23. AFFORDABLE HOUSING IMPLEMENTATION PLAN AND MEMORANDUM OF UNDERSTANDING (C -3979) — SANTA BARBARA CONDOMINIUMS (PA2004 -169). (381100 -20071 Mayor Pro Tem Selich noted that, due to the increase of in lieu park fees, the City will receive $12 million ($2 million in park fees, $5 million for the Crystal Cove resort project, and $5 million will come to the City in an unrestricted format). He suggested setting priorities on how to use the $5 million, particularly for use in the parks. Motion by Mayor Pro Tem Selich to a) adopt Resolution No. 2007 -55 approving an Affordable Housing Implementation Plan (AHIP) for Lennar Homes Santa Barbara Condominiums; and b) approve a Memorandum of Understanding (MOU) between Lennar Homes of California, Inc. and the City of Newport Beach (PA2004 -169), so long as the $5 million shall go to the acquisition or improvement of the following City parks (in priority order): Newport Center Park and Back Bay View Park; however, if there are funds still available, use the remaining funds for Marina Park and Sunset Ridge Park. The $5 million shall be an advance from the General Fund and be repaid with park fees from future residential development in Newport Beach. Council Member Selich noted that the $5 million is being generated out of a Newport Center project and Newport Center Park and Back Bay View Park will primarily benefit the residents of Newport Center. In response to Council questions, City Attorney Clauson confirmed that the motion is appropriate since the MOU indicates that Council determines how the funds are to be used. She confirmed that the $2 million in lieu park fee does not have mandates on where it is to be spent. Substitute motion by Council Member Webb to a) adopt Resolution No. 2007 -55 approving an Affordable Housing Implementation Plan (AHIP) for Lennar Homes Santa Barbara Condominiums; b) approve a Memorandum of Understanding between Lennar Homes of California, Inc. and the City of Newport Beach (PA2004 -169); and c) direct staff to bring back a recommendation relative to future prioritization of the funds that could be used for park purposes. Novell Hendrickson noted that the Facilities Finance Review Committee indicated that Marina Park and Sunset Ridge Park should be funded first and took issue that Council is not taking into account the work that the public committees do. Mayor Rosansky requested that Council Member Webb amend his motion to give priority to active parks, not passive parks, designate $5 million toward park construction, and leave the decision of how the money is to be spent for a later discussion. Amended substitute motion by Council Member Webb to a) adopt Resolution No. 2007 -55 approving an Affordable Housing Implementation Plan (AHIP) for Lennar Homes Santa Barbara Condominiums; b) approve a Memorandum of Understanding between Volume 58 - Page 227 City of Newport Beach City Council Minutes July 24, 2007 Lennar Homes of California, Inc. and the City of Newport Beach (PA2004 -169); c) designate the $5 million toward park construction; and d) direct staff to bring back a recommendation relative to future prioritization of the funds that could be used for park purposes. The amended substitute motion failed by the following roll call vote: Ayes: Mayor Rosansky, Council Member Webb, Council Member Daigle Noes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Council Member Gardner The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Council Member Gardner Noes: Mayor Rosansky, Council Member Webb, Council Member Daigle XIV. PUBLIC HEARING 18. LOCAL COASTAL PLAN (LCP) AMENDMENT NO. 2005 -001 — SANTA BARBARA CONDOS (PA2004 -169) [APPLICANT -CITY & LENNAR HOMES] — THE AMENDMENT INCLUDES MODIFICATIONS APPROVED BY THE CALIFORNIA COASTAL COMMISSION, INCLUDING THE ADDITION OF A NEW POLICY TO THE COASTAL LAND USE PLAN. (100 -2007] Planning Director Lepo provided the staff report and reported that this is returning to Council because the Coastal Commission added the provision for the $5 million mitigation fee to be used for the Crystal Cove State Beach project. He stated that, if Council approves this, it will go back to the Coastal Commission so they can consider the change in the project's Coastal Land Use Plan and the Coastal Development Permit. Mayor Rosansky opened the public hearing. Donna Kelly, Vice President of Community Development for Lennar Homes, noted that the LCP is the first of a two step process. Hearing no further testimony, Mayor Rosansky closed the public hearing. Motion by Mayor Pro Tem Selich to approve LCP Amendment No. 2005 -001 by adopting Resolution No. 2007 -56. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XV. PUBLIC COMMENTS Bob Rush questioned why Robert Burnham is involved with corridor city negotiations and why he does not file a Statement of Economic Interests. He expressed concern about using Gold, Farb & Lipman LLP for the group homes issue and expressed his distrust in the City Attorney's office. He provided his handouts. City Manager Bludau clarified that the City is not in negotiations with corridor cities but is meeting with the City Managers and City Attorneys to have their cities adopt a position statement Volume 58 - Page 228 City of Newport Beach City Council Minutes July 24, 2007 relative to John Wayne Airport (JWA) that is similar to the one the City adopted. He indicated that Robert Burnham is working only on airport issues and is an advisor to the City. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported that the Finance Committee will be presenting the survey to Council at a study session. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT XVIII. 19. PLANNING COMMISSION AGENDA FOR JULY 19, 2007. 1100 -20071 Planning Director Lepo reported on the following items: Code Amendment 2007 -005 Group Occupancies and Short -term Lodging); Let's Roll (PA2006 -227) - 20061 Biich Street; Lamborghini (PA2006 -203) - 2244 West Coast Highway; General Plan corrections and Revisions - Land Use Element; and Arches Grill - 508 29th Street. In response to Council questions, Planning Director Lepo indicated that the call up period for these items ends on August 2. Discussion ensued regarding having the Planning Commission hold a special meeting on August 16 to discuss the group homes issue since the moratorium deadline is approaching. City Attorney Clauson indicated that the report won't be available until August 13; however, the Planning Commission could have a special meeting a few days before the August 23 meeting or determine a date during their August 9 meeting. 20. STATUS REPORT ON THE CITY HALL SITE INVESTIGATION AT THE OCTA TRANSPORTATION CENTER AND NEWPORT CENTER PARK WITH POTENTIAL DIRECTION TO STAFF. 1100 -20071 Public Works Director Badum noted that the designs and cost estimates are conservative figures based on what is known at this time_ Jose Palacios, DMJM Design, reported that they were charged with trying to come up with what the physical and economic constraints are with either site. He utilized a PowerPoint presentation and reported that the cost to build a City Hall on the library site is about $55,200,000 and about $65,200,000 on the OCTA site. He emphasized that traffic and geotechnical issues were not taken into consideration. In response to Council questions, Mr. Palacios discussed grading and slope issues, the use of retaining walls, the configuration of the buildings due to the shape of the parcels, parking structure configurations, and the number of parking spaces. He noted that he is unsure whether groundwater issues were considered. Council Member Webb noted that the City does not own the San Miguel site and the estimate did not include the right -of -way purchase. He believed that the $10 million difference is low and utilized and distributed a PowerPoint presentation to show the overlay of City Hall on the Newport Center Park. He noted that parkland can be created on top of City Hall and that only a half acre of unusable park area will be impacted. He recommended saving the $10 million and utilizing part of the park site for City Hall. Mayor Pro Tem Selich believed that the study proves that the OCTA site is a viable site and the difference isn't $10 million because the estimate does not include the cost of replacing parkland or the cost of acquiring land from OCTA and The Irvine Company Volume 58 - Page 229 City of Newport Beach City Council Minutes July 24, 2007 (TIC). He questioned the need to remove a park when there may be another alternative at a site in the 500 block of Newport Center. He added that a total cost analysis needs to be done, including the cost for replacing the parkland. Motion by Mayor Pro Tem Selich to 1) direct the Building Committee to begin negotiations with the OCTA and The Irvine Company on acquiring land for a potential City Hall; 2) authorize the Newport Center Development Committee to enter into discussions with The Irvine Company regarding the potential to acquire a City Hall site or facility in the 500 block of Newport Center; and 3) direct the Building Committee to review the DMJM estimates for completeness and accuracy, and bring back an estimate of the true total cost of the two sites, including the cost of providing replacement parkland pursuant to General Plan Policy R -2.2, and have this brought back at the August 14. Council meeting. In response to Council Member Daigle 's questions, Assistant City Manager Wood and City Attorney Clauson indicated that the distinction between parkland and open space is not fully defined in the General Plan. City Attorney Clauson indicated that it is up to Council to make the interpretation of what parkland is in the context of Newport Center Park. Council Member Curry believed that City Hall should be built on the OCTA site because it would make City Hall centrally located, there would be less excavation, a functional building can be built, there is better transit capability, the building could be built faster, and there is no need to replace parkland pursuant to General Plan Policy R -2.2. He discussed how the new residents of Newport Center will be paying for the park and that a park should be provided to them. He took issue with the initiative, believing that it isn't really about building a park and that it only states that the City Hall will only take up 2.8 acres when the DMJM report mentions 3.7 acres. He expressed concern about the water issues, cost of a special election, and the need for a Greenlight election, and questioned what would occur if one passed and the other didn't pass. He referenced General Plan Policy R -1.9 in which Newport Center Park is supposed to be developed as a passive park. Barry Allen expressed concern about the water problem on the park site and the possibility of mold problems in the new City Hall. He pointed out that the four acres of parkland cannot be replaced in 12 different locations. He recommended that Council seek legal advice since Council has already voted to make Newport Center Park a park, named the park, and calls it a park in the General Plan. Marcia Dossey expressed her support for building City Hall on the park site and converting the current City Hall into a park. She believed that the OCTA site limits access and visibility. Dick Nichols offered suggestions on how the water issues on the park site could be resolved. He believed that City Hall should be built near the library and that there is nothing that requires the City to replace the land. Tom Moulson stated that the residents still want the park and that this determination should not be made on the basis of a cost comparison. Don Vitti noted that no one would consider taking away the beach. He stated that he doesn't care if City Hall is in Newport Center and would hate to see the park property turned into anything but a park. Karen Tringali stated that "park" is not used in the initiative and that people can find out Volume 58 - Page 230 City of Newport Beach City Council Minutes July 24, 2007 how to remove their signature from the petition by going to www.parksarepriceless.com, Ron Hendrickson questioned why Council is disregarding the $10 million cost difference and believed that TIC owns the OCTA property since it's not included in the CIOSA agreement. He noted that many buildings in Corporate Plaza use sump pumps, only the Land Use Element was approved by the voters, the election would be consolidated with the Presidential Primary election and wouldn't cost $100,000, the 1992 Planned Community Text calls for a four acre park, and construction on the OCTA site would take longer because the OCTA facility would need to be built first. Wendy Brooks expressed support for building City Hall on the park site, noting that the park would still be ten acres and there would be additional parking for the library. Bernie Svalstad believed that City Hall would block the views of those in the park and from people driving down MacArthur Boulevard. He added that the petition would be found illegal and hoped that the City would not put the measure on the ballot. Bill Ficker believed that having City Hall on the park would create synergy with the library, be easier to build, and there would be no water problems since City Hall would be built above the storm drains. He noted that the building will not block Harbor View Hill's views. He provided a handout and read a portion of the General Plan related to service areas and the distribution of parks within the City. He pointed out that the Capital Improvement Plan doesn't have the Newport Center Park scheduled to be improved until 2015. He stated that he tried to meet with the leaders who oppose the park plan, but have been turned down. Debbie Allen indicated that she asked Mr. Ficker to contact her if he was going to pursue the park plan, but he never called. Hugh Logan expressed support for the motion and believed that Mr. Ficker told the Doily Blot that the initiative had nothing to do with the park. Lucille Kuehn expressed support for the motion and believed that Council needs to do what is best for the City, and provide a civic center and extra parking for the library. Jan Vandersloot took issue that the size of City Hall as been expanded and would take up more parkland. He noted that a City Hall on the park would take up the most view from people using the park, the parkland would need to be replaced, and the 1992 CIOSA and 1991 Library Exchange Agreement designated the site as open space. He encouraged Council to consider the OCTA site, 500 block of Newport Center, and the Police Station site, instead of the park site. Ed Stevens expressed support for building on the OCTA site and questioned why City Hall isn't built on the back end of the site so the City doesn't have to replace the OCTA facility. Novell Henderickson stated that the City Hall Site Review Committee already reviewed the OCTA and Police Station sites. She believed that the CIOSA agreement has not been strictly followed and pointed out that an initiative is only supposed to have one item on it. She believed that building on the OCTA site will be more expensive and is an inferior site. In response to Mayor Rosansky's questions, Mr. Palacios reviewed the OCTA parking structure and noted that both sites will probably need sump pumps, but no geotechnical report has been conducted. He indicated that the water from the park may be drained via Avocado. He discussed the amount of excavation that would be needed on both sites. He explained that the plaza and building footprint reflects the underground parking but soil Volume 58 - Page 281 City of Newport Beach City Council Minutes July 24, 2007 can be placed in the plaza instead; the 3.7 acres is dictated by the parking, not the surface building; and the cost differential between the two sites was based on design constraints. He agreed that there could be ways to redesign the building on either site to reduce the acreage and cost of construction, or create a better layout for more open space. Further, the $10 million difference can be higher, depending on the constraints; the park parcel has less constraints due to its geometry; both the City Hall and library could use the garage parking; and the City Hall can be moved over in order to provide more park acreage. Mr. Palacios reported that the plaza would be at 152' and the park is at 183' elevation, and concurred that there are places in the park in which the views would he the same with or without a City Hall building. He indicated that it may be possible that some of the homes above will see buses/bus shelters and hear more bus noise if the OCTA facility were relocated further south. Council Member Gardner expressed hope that the park will have a decomposed granite (DG) trail. Mayor Rosansky believed that Newport Center Park is similar to Castaways Park and may not be well used. He asked if the donor has been asked if he'd use the money towards a park next to City Hall. He noted that the OCTA site is a half mile from the library site and that locating City Hall there will not create synergy. He took issue that people are saying this is Mr. Ficker's request when hundreds of people have signed the petition. He expressed support for designing the building to blend in with the topography. Mayor Pro Tem Selich stated that he doesn't believe there is synergy on the library site since the library and City Hall wouldn't face each other. He indicated that the Newport Center Park service area is larger than Newport Center, the OCTA site is not quality parkland, and the Newport Center Park would get more use than Castaways Park. He added that he has read and studied every piece of paper that Mr. Ficker presented to Council, but he disagrees with his points. Council Member Curry noted that the facilities plan never had an approved schedule, the $100,000 election cost is the amount to add it to the February primary, and he was the Council Member who requested that Mr. Ficker's plan be reviewed last summer. Council Member Daigle emphasized that Council needs to reach a consensus on where to place City Hall and also needs to referee the utilization of land. She asked if there has been any discussion about relocating the park. Council Member Henn believed that commitments to make the site a park have been made, the OCTA site is workable, there is no synergy between the library and City Hall, and his decision is not politically motivated. He stated that he will remain flexible as long as there is the possibility of a good site in Newport Center that doesn't destroy a park. Council Member Webb noted that, if the City kept its promises with the State, there would be two freeways running through it. He expressed the opinion that the OCTA site is not of equal quality and believed that the site north of San Miguel does have similarities to the park site. He emphasized that the City Hall park plan and the Newport Center Park plan can be reworked to create the same amount of usable area. He believed that the park and City Hall could work very well together and that the plans can be changed to create better synergy. Substitute motion by Council Member Webb to direct the Building Committee to refine the total cost estimates of the OCTA and Newport Center Park sites. Volume 58 - Page 232 City of Newport Beach City Council Minutes July 24, 2007 Mayor Rosansky emphasized that the estimates are not equal and believed that the park might be better if City Hall were built there, it would be used more, and a view deck could be created on City Hall. He pointed out that TIC didn't give the OCTA the best site in Newport Center to build its bus stop, but this is the site some residents want to build the City Hall on. Regarding the original motion, Council Member Webb expressed concern about negotiating with TIC since they want the City to lease land when the City should own the land. The substitute motion failed by the following roll call vote: Ayes: Mayor Rosansky, Council Member Webb, Council Member Daigle Noes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Council Member Gardner The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Gardner Noes: Council Member Webb, Council Member Daigle Mayor Rosansky indicated that he voted for the original motion because it is important to keep dialogue open with TIC and the OCTA, but he favors the park site. Mayor Rosansky recessed the meeting at 11:20 p.m. and reconvened the meeting at 11:35 pan. Motion by Mayor Rosansky to continue discussing the remaining items on the agenda. The motion carried by the following roll call vote: Ayes: Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Daigle, Council Member Gardner Noes: Council Member Webb Absent: Council Member Henn 21. NEWPORT CENTER PARK CONCEPT PLAN. 1100 -20071 Motion by Council Member Webb to continue the item to the September 11, 2007 meeting since Council did not have enough time to review the information. The motion died for lack of a second. Public Works Director Badum utilized a PowerPoint presentation to discuss Phase 1 and highlighted the grading and estimated costs. He pointed out that the restroom and parking have been depressed so they aren't seen from MacArthur Boulevard. He confirmed that a decomposed granite (DG) surface can be used and that it is proposed that 100 parking spaces will be available above the library, mainly for library employees and event overflow. He noted that the plans were put together based on Council input and has not been reviewed by other departments. He reported that the pathway to the amphitheater is about 500 feet long but it can be refined. Motion by Mayor Pro Tem Selich to approve the revised Newport Center Park Phase 1 concept plan, direct staff to negotiate a professional services agreement with Hall & Foreman for the design of the Newport Center Park in two phases with the remainder of Volume 58 - Page 233 City of Newport Beach City Council Minutes July 24, 2007 the park being Phase 2, use the funds from the Santa Barbara Condominium project to complete the remainder of the park, move forward with Phase 1, and design tbe.rest of the park so it is ready to proceed once funding is available. In response to Council questions, Public Works Director Badum discussed how the project is different if it was done in phases. He indicated that designing Phase 1 would cost between $180,000 and $200,000, and that phasing the project would cost an additional $250,000. He noted that they are planning to leave the native area as it currently is. Amended..motion by Moor Pro Tem Selich to approve the revised Newport Center Park Phase 1 concept plan, direct staff to negotiate a professional services agreement with Hall & Foreman for the design of the Newport Center Park in two phases with the remainder of the park being Phase 2, use the funds from the Santa Barbara Condominium project to do the remainder of the park, move forward with Phase 1, design the rest of the park so it is ready to proceed once funding is received, and include the DG trail and increase the turf area if feasible. In response to Barry Allen's questions, Mayor Rosansky explained that, if the project is done in phases, the excavated dirt will no longer be placed on the turf to raise it 12 feet. Mr. Allen requested that the project not be done in phases and that money not be taken out of the park fund to build a parking lot for the library. Debbie Stevens expressed support for the motion. Jan Vandersloot expressed support for the concept plan, increasing the turf area, and leaving the natural habitat as it currently is. He expressed concern for the view planes and believed that the parking lot doesn't have to be so big since there is parking on Farallon. Mayor Rosansky indicated that he will not be supporting the motion because the City needs to spend money on active parks, not passive parks. He expressed concern about spending money when this site could be the subject of a vote, and noted that all of these design elements could be incorporated in a park next to a City Hall. Council Member Webb expressed concern about spending money on this site, in light of the $10 million difference between this site and the OCTA site, and indicated that he also will not be supporting the motion. The amended motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Council Member Gardner Noes: Mayor Rosansky, Council Member Webb, Council Member Daigle XD{. CURRENT BUSINESS 22. DESIGNATION OF VOTING DELEGATES FOR 2007 LEAGUE ANNUAL CONFERENCE - SEPTEMBER 5 - 8, 2007 IN SACRAMENTO. 1100 -20071 Motion by Council Member Webb to designate Council Member Daigle as the City's Voting Delegate for the Conference. The motion carried by the following roll call vote: Volume 68 - Page 234 City of Newport Beach City Council Minutes July 24, 2007 Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - Adjourned at 12 :12 a.m on Wednesday, July 25, 2007, in memory of retired Senior Public Works Inspector Rob Master. The agenda for the Regular Meeting was posted on July 18, 2007, at 12:80 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 20, 2007, at 1:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. r M IN� Recording Secretary Mayor Volume 58 - Page 235