Loading...
HomeMy WebLinkAbout01 - Minutes - 12-14-2004Agenda Item No. 1 January 11, 2005 CITY OF NEWPORT BEACH City Council Minutes Study Session December 14, 2004 - 4:08 p.m. ROLL CALL Present: Heffernan (arrived at 4:20 p.m.), Rosansky, Bromberg, Webb Daigle, Nichols (arrived at 4:15 p.m.), Mayor Ridgeway Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALaE1)D -No"_ _ City Manager Bludau noted that there are three items on today's agenda and reported that Item 3 was meant to be a courtesy to auncil a6d that he is not sure'' if it needs to be discussed. Regarding Item 4, haista�that il has t old him that this is complicated, but explained that t}ie a vides a status report on the alternatives being looked at and to see if Aere_is direction for staff. 2. COAST HIGHWAY CHANNELIZATION (LAND MEDIAN IMPROVEMENTS IN CORONA DEV - (C4 558). City Manager Bludau reported that Visibat 200MS�ejtlround for about four years and they are getting clear cost est matt on what] would take to do the project. He added that the na del Mai;$usiness 11provement District (BID) has requested modifications totLe project. Principal Civil En&—W Sinacooh.acknowledged :Project Engineer Crumby and the consultants, Derek who were in the audience. He pointed out that the VisionVan was disj9ayed on the wall. He stated that he will be uresentina-three desig;! _i l rnatives, but there can be numerous alternatives. $12 medians. 1 id benches still under 13 built, Caltn relinquished ,oint PreNlatioW he noted that the entire Vision Plan is a 'fit the project being discussed today is just for the existing 9;1knacori�r4orted that the BID installed bus shelters, trash in 2; the current project is to landscape the medians; and ises clude signalization, lighting, etc. He stated that Council 'caZng design in September 2003 when Coast Highway was hority. He reported that, since the time the medians were ?4itened its median standards. He stated that Caltrans Highway in March 2004 Mr. Sinacori reported that, in the BID's presentation in August 2003, they requested a dual track approach. He stated that Track 1 involved hiring consultants to design the project to Caltrans requirements. He indicated that Track 2 involved more improvements if the relinquishment took place. He stated that the BID requested funding and only received $180,000 in the 2003 -2004 budget. He noted that the BID hoped, in Track 2, to get $12 million from Caltrans for Coast Highway's relinquishment. He added that portions of those funds would be used for improvements and the balance needed for the project would come from State programs and grants. He stated that the BID had always envisioned this to Volume 56 - Page 1362 INDEX ,fl C -3558 Coast Highway Channelization (381100 -2004) City of Newport Beach Study Session Minutes December 14, 2004 UFO" be a phased project >t needed. Mr. Sinacon reported that the GdM Kesidents Association and the Chamber of Commerce worked with the BID to develop the plan; it was presented to over 3,000 residents in 2001; 7,000 mailers were mailed to the community; modifications were made to the plan; it was discussed on Speak Up Newport; and they received letters of endorsement from various Corona del Mar groups, businesses, and residents. He indicated that the City has generated $500,000, which includes a $120,000 BID contribution. Mr. Sinacori reported that, when the original budget was set, there were only concept plans. He stated that, now that they are designing the projeot,,Y ey've discovered things like the old concrete road is just inches below the, �- Pliak He noted that the theme from MacArthur Boulevard to Poppy is to u{+G pate Palms, King Palms, and African Tulips. He added that they will be trying 4oscape as much as possible from curb to curb. He reported that the'eost estlm has changed from $650,000 to $990,000 (Alternative 3). ' " " Mr. Sinacori indicated that they could spend the $500,000 ana get as much:as possible (Alternative 1), replace all the striped areis with- raised medians and landscape For $755,000 (Alternative 2), or do thejetgwnded scope (Alternative-!). He reported that only 7 of the 14 striped areas4villberdoneiii Alternative 1; and Alternative 2 will only cover Dahlia to Poppy but won [ d:9 ything to the existing landscape or hazdsca e. He displayed and com a` � !hat the different alternatives mean to the project. Mr. Sinacori reported thatlda6cil can authorize staff to move forward with $500,000 andido.as much as possible jlllternative 1) or authorize additional funds to do AlternativAZ�*Alternative 3.,: Public Works Director Badum reported flat cui� ent TiM ng comes from traffic impact fees from the Circulation and Trans nation F,kimds. He stated that the intent of the project is to'6 &Aannelized$Suedians which are safer and handles traffic more efficientt y. He sti 0 that thcre { Dut $1 million that hasn't been appropriated, but.. <: ted out chat there- are waeveral large projects that will be .: . coming up, incl ing m widenmgAaf. the Zboree Road bridge off SR -73. He reported that the C rc—S lion and Trexisg'rirtation Funds are supposed to be used for master 1 nning road o and the eifteicnt handling of traffic. He noted that there areiol" ester plaids that are not done, something needs to be done with Mariners Mi}e ,jpnd there are -potential bottlenecks in the future. He added that these funds are Also used 61cverage Measure M funds or other competitive programs that the Sor Federal government have. He confirmed that the Y funds5 oomne from traffic pact fees and pointed out that the City does not have as many big , vclopmentg'as it previously had. Administrative Services Director Danner in d that; a Circulation and Transportation Funds will have about a;4% $1.2 million in'it byr'the end of the fiscal year and about $300,000 goes into this fund a year. l�or Ridgeway noted that this money is used during the Capital Improvement Program (CIP) process to leverage Measure M funds and is not focused on one project. Mr. Badum noted that Alternative 1 uses the existing budget, Alternative 2 can use portions of Circulation and Transportation Funds to complete all the medians, and Alternative 3 is asking to re- landscape existing medians, remove existing hardscape, and plant the proposed landscape palette. He reported that Alternative 3 cannot use Circulation and Transportation Funds because there really is no relationship between re- landscaping and improving traffic/completing a master planned highway. He stated that the City would need to look at using Volume 56 - Page 1363 City of Newport Beach Study Session Minutes December 14, 2004 INDEX the General Fund or some other funds. He noted that the Jamboree Road Bridge project is a $5 million project, but they only have half the funds right now. Council Member Webb noted that the City gets about $1.5 million in gas tax money a year, but almost all of that goes towards maintaining the streets. Council Member Rosansky asked if the proposed improvements have other benefits besides being cosmetic. Mr. Badum stated that the raised median basically channelizes traffic which prevents potential conflicts and reduces congestion. Council Member Nichols questioned whether raised medians improve safety since it prevents some people from being able to turn. He addejWt the medians are not in accordance with the safety and design pro he Highway Commission. He stated that, when there is an emergency cles move over and the emergency vehicles drive down the center lane. H a'ok fire trucks take wide turns and that he saw a fire truck drive at le 50 fee n the red stripes. Mr. Badum agreed that there are trade offs. HWyeported" the turn pockets were designed p fined with traffic in mind and thatrt�e new turn p'o�ts will be designed so people can get access into the turn;pockets`'k the appropna'tes time and have enough storage. He confirmed that the City does not meet t4" State standards for State highways; however, thje case al%over the City. i4e emphasized that, just because they don't meet the ss rds, it does not mean the City is in some sort of liability limbo. He ted that most of the State's design policies are slanted towards a rural desigtil�d that, in an urban situation, what the City has is approp4iate and safe. He D -that not making the striped areas available for emergei>i,y hicles is one of rade offs. He noted that there are raised medjans alIvvS110city and the response times for the Fire and Police Departments are veryood. th#t emergency vehicles crossing over the median occurs less ofteil the p, eop ng illegal turns over double yellow lines. Mr. Barium reported aCthe rai medians keep motorists � adui where they're supposedto'be,.gnd preventsallegal maneuvers. Council Member Nichols reported thatFt�ie medic down CoasiVighway in front of Fashion Island has reflectors. Mrs'Ois�d�,um,, confu•m_ed that thiswuuld not be the case in Corona del Mar, adding th th `$I'p i �f:Fas�i►on`'Island has a lot higher speed. He +:. max:. . reiterated that they ark: proposn4gut raised medians where there once were striped edians. He �1P ted out tha{ they are not changing the width of the lane. Comber NickioTerbelieved that people don't drive as close to a raised n' r N ' ' curb ae they do a y±v line. die pmFnted out that there was a picture that showed that people couldn't &'into the`Marguerite left turn lane because it was backed it tup: tiJlr. Barium sta ' nthat improving the storage is why they are looking at modifyin ,the left tur�ane. He added that they are working closely with the traffic eiigs. _frs tom sure the turn pockets are appropriately signed. Mr. Sinacori d that General Services potholed about ten locations and found varying nesses of asphalt, an aggregate base, and then the concrete_ He stated that a concrete was no more than 12 inches below the asphalt. He reported that the concrete at the Marguerite intersection was only 8 inches down and they would not be able to plant any large trees. He stated that, if the concrete remained, only low -lying ground cover could be planted. Further, there would be an issue with drainage. Mayor Ridgeway asked why go through a full demolition for $250,000 when wells can be created for the trees. Mr. Sinacori stated that this is already happening at Iris and reported that some of the water seeps from underneath the existing landscape, bubbles up in the road, and drifts out into the travelway. Further, wet asphalt starts crumbling much sooner than it normally does. Mayor Ridgeway indicated that his point is that there may be savings that Volume 56 - Page 1364 City of Newport Beach Study Session Minutes December 14, 2004 INDEX were not looked at. Council Member Webb believed that the demolition cost also includes the removal of the existing bomanite pavement. John Blom, Chair of the Corona del Mar BID, stated that they believe that Newport Beach is a world class city and that, if this project is funded and implemented, it will benefit all the residents. He indicated that he is not sure how the original cost estimate of $300,000 was arrived at, but believed it was an unjustified figure based on no real plans. He reported that, without knowing the total cost of what the BID wanted, they pledged $120,000. He believed that Council also knew something had to be done and this is why they vote r the relinquishment earlier this year. He stated that Mr. Sinacori and r`' by have attended all of their planning meetings to work with them and me up with some hard figures. He indicated that there has been a lot pf l*and take between the BID and the City. He stated that Alternative 3 is�6bviou4the best but most expensive p proposal. He believed that Alternative' l; is hazdlyasrorth Council's consideration and doesn't live up to what the BTD wants; He stated lat this would require further work in the future and would disrupt traffic and business in years to come. Mr. Blom stated that Alternative 2 leaves the project unfinished, mixes old and new median landscape,.leaves medians cemented and implanted, and requires work to be done in the futuxre`W bringAbe project up to the scale they want. He believed that Alternatives I' end 2 would cost the City more money in the long run. �;. Mr. Blom stated that the board me`oi" of the BID feel ao;etrongly about Alternative 3 that they are willing to give'antithe; $80,000. He also suggested that the City use the interest that accrue% froi "A 4*9,5,,millicn from the State for Coast Highway. He stated that this is le =13F lane rv` g y. � � y p ad�at truly fits the Vision Plan, it has the support of the Planning Commission, Pak s, Beaches & Recreation Commission, the Economic Zevelopment bommittee, the Newport Beach and Corona del Mar CWtiibers of.7Commerce, an e Corona del Mar Residents Association, and W klan put together by. buy sses and residents during many outreach meetinWa weekend aAM-a char eE es which were cosponsored by the City. Mr. Blom believed, that developing 1plan for Corona del Mar's future was the reason the BID was ormed. He stated that this is not just about Corona del Mar, noti4tim Yttout 40,000cars a day use the streets. He believed that this is abouteinaking the ait Bets safer and more beautiful. He noted that, so far, the ficus trees were removed, palm trees. were planted, and businesses built new facades, remodeled, and repa He believed that, with Alternative 3, this trend will probably -be stepped Mr. Blom reported that, excluding car dealerships, Corona" # -Mar alreao;y generates the second highest amount of retail sales tax revenue foCity, believing that this amount will increase along with property values. He ted tliat this is an investment in the future, pointing out that the BID will contribgbe 20% of the funds if Council votes to do it right. Mayor Ridgeway asked Mr. Blom if he is suggesting that Council deny the entire project if it does not approve Alternative 3. Mr. Blom indicated that, if Council accepts one of the other alternatives, they will be back before Council asking for budgetary items. Mayor Ridgeway noted that the project has been allocated over $500,000. Council Member Nichols noted that half of the $120,000 from the BID is matching funds from the City. Mr. Blom concurred, but noted that the City does not tell the BID how to spend their funds. Volume 56 - Page 1365 City of Newport Beach Study Session Minutes December 14, 2004 BJ Johnson, Chair of the Residents Association, stated that she is also sending Luvena Hayton's 'Merry Christmas" wishes. She indicated that a lot of people feel that Corona del Mar is one of the entrances to the City and, if you want to maintain the property values and have the City look like it should, they need to have this vision in every entrance to the City. She stated that they want to be the example of a community pulling together and helping the City keep more dollars in the coffer by keeping the residents shopping in the City. She believed that the City doesn't look like a world class city when you drive into it, but it has some of the highest property values in California. She confirmed that the Residents Association supported this at its last board meeting, adding that their n�tletters have also mentioned the project. She stated that the only negatives Affey- vee-Rver heard were about the crosswalks. 14. Debra Allen stated that she is a Corona del Mar resident and'eiipportalthee BID's request. She indicated that this is an unusual unificationpfirommunity'since there are normally conflicts between businesses and rA�aaentF. r However; She reported that, in Corona del Mar, the BID, the Chamfier of Commerce, and tie Residents Association are all united in their desire:to see as much of the Vision Plan implemented as possible. She indicated thatO iecmay a o slowdown traffic. She noted that there are a lot of expensive houses in Ne�aorsji" a�f and they have to shop somewhere. She stated that the restaurants in na del Mar are busier than she has ever seen before and believed that the same' will happen to the CdM commercial strip if it is beautifiedand made attracti ve.' - , Council Member Webb noted that Ms. Ail& Commission and the City is being asked He stated that the BID is offering $80,0 park projects that PB &R is.*v lling to give she is not the persor�lid''makes that citizens will be coma— to ask fnr the Cou for some of the i vements, She sq improved in Com is t�Ydar,lt s i!U. has will encourage them torraise money beck same people asking Councdior this Parks, Beaches & Recreation _an. additional $494,000. and 19ske-FIWIllen if there are any pTiiext year;' Ms. Allen indicated that eision. However, she reported that its blessing to do private fundraising A,.Wk if Pacific Coast Highway is r for them to raise money. Further, it ;e many of those individuals are the Councd• Memberi Vwhols stated . that he was president of the community association in Coro' I Mar and there is a group within Corona del Mar that doesn'tshare the samq*&ncerns as the people in the audience. He indicated that he is!iha#ys asked by�bem about parking and how to cross the streets. He believed'dk the groupgresent tonight does not really reflect the residents of old Corona del Mir. Val Skoro sta Z •' tfhat the Irvine Terrace Association supports this project and Alternative 3He indicated that he previously chaired the Corona del Mar Residents Association and is currently on the board, and for the past six or seven years he attended virtually every BID meeting as an advisor. He emphasized that these groups are virtually unanimous about moving this project forward with Alternative 3. He reported that he visited Spain and Portugal, and that the City needs to enhance its ambiance. He believed that, if this is backtracked, it will cost more money, the project might not get done, and it'll look half done. Sharon Dawson stated that she lives in old Corona del Mar, has an office building there, and is on the BID. She indicated that there will be disappointed residents Volume 56 - Page 1366 INDEX s City of Newport Beach Study Session Minutes December 14, 2004 in Corona del Mar if Alternative 3 is not implemented. Bernie Svalstad reported that this is one of the highest traffic count areas in the City. He stated that he was in Coronado which has some of the most beautiful medians, but noted that the medians are very wide. He indicated that, if you subtract the $71,000 crosswalks, the difference between Alternative 2 and Alternative 3 is only $179,000. He stated that the reason they are coming before Council now is because this needs to go out to bid by the first of the year, otherwise it wont get done for another year. ifC. fe Q Council Member Webb asked how this was to be funded when the Vision aa. vas being proposed. Mr. Bludau stated that there were grants that the'`City thought it'd be able to apply for. He added that there were expectations io ireo ve about $8 million to $12 million for the Coast Highway relinquishment;`tut the oily only received about $3.5 million which is to be used for maintenance,0ver the'neiii two years. Mayor Ridgeway stated that his constituents would be terribly disappointed if he spent CIP money on this project to the exclusion.4.the alleyways that still need work. Further, there are other projects that fie liar eho ed for years. He believed that Corona del Mar is gorgeous as it is and't$at,11 the presentation to Council about this, they were told that this project be funded by the Caltrans money and grant money. He indicated that the cost ates were good at the time, but construction costs w;en$7aap. He stated than supports the amount that they currently have and iiafi a "artier alternatives are worthy of Council consideration today. He believed that "fh W rjiAs to come back to Council during the CIP process in June. 1#e addet� th3�`' `>ey should be spent on additional parking. lie believed that this piopect is aestheetic since the community is already beautiful 1. 8, �i i' Council Member Weeb stated that he could s rt Alternative 2 if other projects in the budget coiddbelzansferret>tiato thieone, like the lighted crosswalk project. He indicated that he is trD led with removing the concrete median pavement and .� the concrete underneath aLa�reat expense to create slow -level landscaped area. He stated"' "' lie could sup}ia¢i'Alternative 2 if the City can fund it without going to the General Fund to draw from' iuiincorporated surpluses. Mayvfr Pro Tem Bromberg stated that this is a beautiful project, but it is now going Wbost substanti more than initially expected. He believed that Council should stalbe commit ' to the project because there is a unified community. He believed thaf!:ouncil Aould listen to what the community wants, but not to the exclusion of of w,areas in the City. He stated that he is not convinced that, if Alternative 3 D""es through, other projects will suffer. He pointed out that construction costs are increasing and will only cost more if the City waits. Mayor Pro Tem Bromberg agreed that Coast Highway from Mariners Mile through Corona del Mar is a statement of the City. He stated that he could support Alternative 3, but believed that the BID needs to come up with more money. Council Member Heffernan stated that he is strongly in favor of Alternative 3, adding that it is time to get on with this project. He noted that this is the entryway for the south end of the City, it is a high traveled area, and is a strong commercial area. He stated that this is where the money should be spent, even if it comes out of the General Fund. He indicated that maybe other CIP projects can Volume 56 - Page 1367 City of Newport Beach Study Session Minutes December 14, 2004 be deferred, those moneys could be allocated to this project, and the BID could come up with more money. He pointed out that, if Council waits, this project may be 20% higher in a year. He noted that he did not want to do anything initially, but now he is fully in favor of proceeding and getting it all done. Council Member Nichols stated that, in the past three years, the area has gone from having three hours of bottleneck traffic a day to four hours a day. He believed that, if the traffic capacity is reduced, the roads will bottleneck faster and longer. He stated that it takes him an additional five minutes to drive around to get into his garage because he cannot turn at the street he'd like to. lieved that the City will also incur additional liability risk since it is not improvin ° fi c safety and its standards are down. He stated that he does not havie a prollin with the wider intersections having greenery; however, he does nbtjelieve there should be a line of trees that will visually impede seeing acrws.�.he highway. He indicated that they have not looked at intersection improvements. He rioted,that f. there is a solid roadbed that may be useful at some time,,6efiieving that puitiiig,a road under there is feasible. Council Member Nichols stated that he would• support Alternatives 1 or 2, but not Alternative 3. Council Member Daigle stated that she supports Alteenative $'end agreed that, in order to proceed with Alternative 3, the BID needs to wnrk with tfie City to close the cost gap and the City needs to balance this with the ovemb.needs of the City. Council Member Rosansky stated thatItibould support Alternaivv es I or 2, but he would need more information about wlmt City would be saeiificing if it went *t c. ,. .,. with Alternative 3. He noted that he I I.b4expendmi'g" resent', -btbe ntrance to the City and they would like to get to the level t Corgna de W s at today. He stated that the City has a limited budget and a significant amount of money just to maintainitoaet:Highway. He expressed hope that the BID, the Chamber, and the Rawaents A iation will work-with the City in identifying the extra funds to do tb"e entire project. He aFeet at it's a worthwhile project that �;..: will beautify the.areabad hoped' Abe project will be stretched from Laguna to Huntington Beach. Mayor-Rid gy' ,atated that the majority of Council supports Alternative 2. Council Membei Webb, agreed, but, stated that the difference for Alternative 3 may be picked up in projeA. that have a lower priority or through contributions. 3. CODE ENFORCEMENT IN WEST SANTA ANA HEIGHTS. City Mana§Cz - Bludm,Cteported that the letter included in the staff report has already been'L, ,Council Member Nichols asked if there is code enforcement only on the res tial portions of West Santa Ana Heights or if it includes the golf course. Bludau indicated that the City would be enforcing the County area. Assistant City Manager Kiff reported that the letter only covers the area bounded by Bristol Street, Irvine Avenue, Mesa Drive, and Santa Ana Avenue, and does not involve the country club or area south of Mesa. He added that this is the area replicated by the redevelopment project area and includes a few commercial buildings but are mostly homes and apartments, and is across from the Newport Golf Course. Mr. Bludau stated that this is why the City is contracting with the County, as opposed to contracting with Costa Mesa, Mr. Kiff confirmed that some properties that abut Bristol are excluded because they've been in Costa Mesa for several years. Volume 56 - Page 1368 (100 -2004) City of Newport Beach Study Session Minutes December 14, 2004 GENERAL PLAN UPDATE - LAND USE ALTERNATIVES. Assistant City Manager Wood reminded Council that the land use alternatives are not recommendations or proposals, but are only alternatives that will be studied using the traffic model, fiscal impact model, and environmental analysis, along with build out of the existing General Plan. She added that, once they get those results, they can refine, make adjustments, and do further model runs. She reported that they just want Council to look at the alternatives that were developed by the General Plan Advisory Committee (GPAC) and tell them if there is something that is completely in the wrong direction, if something is s�asible that the City shouldn't waist time or money studying, or if there is somithiiii hey missed all together. She noted that this has been reviewed by the�}eneral Plan Update Committee (GPUC) and the Planning Commission. Woodie Teacher, EIP Associates, stated that they are the consultants Ar..the General Plan Update process. He indicated that he will be`ii zing a PowerPoint presentation to discuss alternatives that have been identified for 12 study areas is the City. He reported that this is meant to show a range of possibilities and each is intended to be tested. He stated that he wonld.like Cpuncll to tell him`if something is missing. He noted that the 12 study 9areas are also posted on the wall. Mr. Teacher reported that the Airport.Business Area is one of three areas that GPAC suggested an evolution of change ba ,periods of time. He reported that the first option for this area increases retail; o�oe,.and industrial uses; and the second option adds housing to selected areas'�:-��$e- reported that they are comparing the options to the existing use and the existing General Plan which is always the base alternative in all the options.;` Mayor Ridgeway asked if GPA!d is focusing`:;on the parcels or the geographical area in general. !Jt�'• Tescher jndicated that ,im this case, they were looking at specific subareas;;i:e4he Campus; lract`yimmediately adjacent to the airport runways. Mayor Ridgeway stated that the document is really discussing intensities or densities, tid' felt that-a�vision was missing for all the areas. Mr. Tesdie'r% . that this r�loraiment was intended to be the quantification and reported that. iri`tbe more detailed papers, some of the areas had a vision. 0auni9i.. Member Daigle asked how the residential units would be allocated. Mr. Pester stated that, for the airport area, GPAC looked at specific areas or blocks a4'Asked whatareas had the possibility of change over a period of time. Further, ''e%,realized� that certain uses were not going to change and asked whether thereea" e areas that are suitable for housing in relation to the airport. it` In response to Council Member Rosansky's questions, Mr. Tescher indicated that the idea is to test each of the options. He stated that a discussion of each of the subareas in terms of what the vision is may not have been completely addressed, but there is a need to talk about this more as they proceed. In response to Council Member Webb's questions, Mr. Tescher explained that determining the implications of the amlpm peak hour trips and allocating to the traffic model is the next step. He confirmed that they need to pick the alternative, compare it to the existing traffic model, and look at other areas to reduce traffic if there is a substantial change. He reported that each of the areas is a subset and Volume 56 - Page 1369 INDEX .1 City of Newport Beach Study Session Minutes December 14, 2004 INDEX isolation of the total of the City and suspected that, when they see the results of the project, it may cause them to go back and revisit them on a cumulative basis to determine whether all of this makes sense. Mr. Teacher reported that, in the visioning process, this was one of two areas in which the possibility for additional capacity was defined. Council Member Daigle asked if Mr. Teacher was familiar with the Irvine Business Complex (IBC) and whether that sort of system was viable for the airport area. Assistant City Manager Wood reported that Irvine allows a transfer of office square footage from one site to another, as long as they remain in the trip budget that was established in the old environmental impact cep 4i1R). She stated that Irvine has recently been allowing office space car ersion into residential development, as long as it maintains the trip budget'` $'Re' ted that the City has had issues with this because it feels Irvine h mot done enough environmental review and the EIR is from 1992. She stated tb`A' Irvine is}2ping a P.t._ study of their business complex but believed that it is ngtjs comprehensive effort. Mayor Ridgeway stated that, in 1992, the IBC was not devefoped out. He indicated that Irvine did a master EIR and tried to supplement it through the years. He stated that, if someone in Irvine decreased'Lbeir usage on the road, that person had a marketable commodity in traffic cepaciLy, _He,iAaiVd that maybe a traffic capacity analysis could be done for all the sun� but noted that he is not exactly supporting this. `f Mr. Teacher noted that he is here because the ,quantification phs a has been done, but Council is jumping ahead to the solutions.; He reported that, they are working with Burbank where they are creating subareas ca�s Council Member Heffernan atated that thi'B }ia's been going on for four years and may be going on longer w'iiiie' ;wine has exploded. He asked how you input all the additional traffic Uhgiwill begenerated wken,.you look at the airport area. Mr. Teacher state41hat they are adding the nnAers into the trip generation for the increment of chaag'e„wit4in:the City's "traffic zones and all the areas outside the City. Council Mem1*.,Hcffernai noted that Irvine indicated that the traffic from their development is`not their piMem. Mr. Teacher stated that they are looking. 4i e regardiiigland uses within the City and the data from all the adjacent lands. "L'oimcil Member 'Heffernan stated that he is not sure what alternative he is looking at without the traffic data. Mr. Tescher indicated that Lheir :intent was to get: confirrnation on the range of options tonight and then they'll b to the traffic consultant tomorrow' He stated that the traffic consultant indicatedst it's goinkko take eight to nine weeks to generate this information. He noted t}iijonce they get this information, they will go back to the same type of process to detmmine the consequences. Ms. Wood reiteFted that the question for this afternoon is whether these are the alternatives that Council wants traffic information on. Council Member Heffernan asked when this will get done. Mayor Ridgeway noted that the original IBC EIR in 1992 did an analysis on 33 million square feet and a regional plan on intersections in Newport Beach. He stated that they have not done anything like this lately. He suggested setting up another meeting with Irvine to establish different guidelines. Council Member Nichols noted that Newport Beach has different traffic standards than Irvine, and the City is being overrun by their traffic. He believed that the Volume 56 - Page 1370 City of Newport Beach Study Session Minutes December 14, 2004 INDEX City will have zero buildout because of the areas that are heavily impacted. Mr. Tescher indicated that this is one of the results that the traffic analysis can tell us. City Manager Bludau believed that running the traffic models is going to give the City a lot of information that can be discussed with Irvine in terms of what is available for the City and what Irvine is doing to the City. Mayor Ridgeway noted that this is in the 1992 report and Irvine has not done any mitigation since that period of time. Regarding Balboa Village, Mr. Tescher reported that the First option is to explore converting land outside the core village into housing; the second opti'is to emphasize water related uses; the third option is to reuse the area forC;oi.nn *cial r.' and mixed use development; the fourth option is to set aside a.. component for overnight housing accommodations; and the Fifth option is to have k %y-pe uses. He indicated that the retail/office components are less than the.Ceneral Plan and are replaced by either housing or overnight accommodations. Mr: Tescher confirmed that the fifth option removes all retail/office uses. Council Member Rosansky noted that, if today is to eliminate alternatives, he stated that the fifth option should be removed as he does not envision Balboa Village will completely eliminate retail/office uses. V. . In response to Council Member Webb's questions regarding the percentages, Mr. Tescher explained that percentages like "7% GP /129 "' 'sting for housing" shows that the proposed percentage increase is 7% over whai`tlie.e Fisting General Plan would allow, and there would 1; .more L.more units than "wlia exists today. Council Member Rosansky noted that Ois means that this example eliminates retail/office. Mr. Tescher noted that he is eaving b alnt oftlie discussions about the vision and pedestrian character of this area. Regarding Banning Rarich, - r;, Tescher reported that the first option is the existing General Plad7and the following fou"rALO sons are less than the existing General Plan. He a ted that 7fhe second option would maintain the site as open space; the third a ptioa.1uould.00neiaer, a mixture of housing, local serving retail, lodging, etc.; the fourth option has a simuil i'mix of uses as the third option, but on half the site- and the fifth.:option was "to develop the site with a resort hotel. Council. )i_3S '�Vebb stated rthat he could support the second option only if the City jia's substa'fTdA'4ctive parU...Ae indicated that, if this was an open space area, it would be an excellent spot for a park similar to Bonita Creek or can be a join; use facility witli.Costa Mesa. Mayor Ridgeway stated that this would be inconsieteat with the Sierra Club. Regarding the last option for a resort hotel, he noted thix y development would be overlooking the Santa Ana River Mouth, pumping oi'k. ,s, and the Sanitation District. Mr. Tescher indicated that limited parklands m erl. active parks. He believed that GPAC felt that, if it were preserved as op_er� space, an undetermined portion should be set aside for an active park. Caancil Member Nichols noted that this is now County land with just a one foot strip around it and agreed that quite a bit can be built on it. Mayor Ridgeway reported that Costa Mesa can't get access and the one foot protected perimeter is intentional. He noted that 10% of Banning Ranch is physically in Newport Beach today. Ms. Wood clarified that State law requires the City to plan the entire Banning Ranch area because it's in the City's sphere of influence. Mr. Tescher noted that a fiscal analysis will also be conducted on each of the options. Volume 56 -Page 1371 City of Newport Beach Study Session Minutes December 14, 2004 Regarding Cannery Village, Mr. Tescher reported that GPAC is looking at two subareas (the area east of Newport Boulevard and the commercial site to the west). He stated that the first option for the area east of Newport Boulevard is to accommodate a mix of commercial, industrial, and vertical mixed uses and the second option is to not have vertical mixed uses but set aside a portion of the property internally for ground -based housing. He noted that these options tend to test the reduction of the overall commercial/office capacity and replace them with housing. Noting that he has an office in the Cannery Village, Mayor Ridgeway added City Attorney Clauson if he has a conflict of interest. City Attorney Clausen i;;46ted that, at this point in time, she does not believe there is a conflict; " ver, as this starts narrowing down to make bigger decisions, she would review'it` Mayor Ridgeway suggested scheduling a future meeting to discuss this further. He believed that two geographical areas with quantificationsalhould be discussed at each meeting. Mayor Pro Tern Bromberg stated that GPM spent 29i hours, discussing this. Ms. Wood believed that this can be reviewed at one study session, noting that the Planning Commission reviewed this,:ia one hour- Council Member Rosansky emphasized that they're really looking f'4_*• guidsaie as to which alternatives to continue to study, and not looking to fine tune this. Mr. Bludau reported that the January 11 study session can be allocatea.to discuss this, but asked if Mr. Tescher can receive direction to start the analyogind.q)ull back on any of the options that Council feels sliotit>dbe eliminated. Mr. tlleeeher noted that all the analysis has already been done for the Craneral Plan and>Lsting uses. He reported that GPAC reviewed these options, but fibs ere were a number of split votes. He stated that their process waao go gh with the analysis, report back to GPAC, CounciL.etc., and then "go out tgNhe public in a forum or workshop. He pointed ou('that fl,is was only going to take place after all analyses occurred. f' •'w Mayor Ridgeway noted, that.Mminapark was supposed to be scheduled for the January 11 study session Without objection, he suggested placing Marinapark on the regular agenda and deducting the•study session to the General Plan Update alternative diacue®ons. y' Mr.,Jescher reported'that, for,the Fashion Island/Newport Center area, GPAC aaded'an option to allow.-additional housing and maintain retail/office to the level that)' currently permlied by the existing General Plan. Regarding Mariners Mile, he`OEated that these was an option to relocate Coast Highway to skirt the base of the bluffs inland, but GPAC believed that this was infeasible and shouldn't be evaluated: ;,'', a. Council Member Nichols believed that the options seem to be expanding the General Plan which will exceed Greenlight and asked if this will come back for a Greenlight vote. Ms. Wood indicated that this cannot be answered until a preferred, recommended land use plan is determined. She emphasized that these are just alternatives for further study and are not proposals. Mr. Tescher asked Council to look at the bar charts carefully because the increases are really focused on three or four sites, and the majority of the options that add housing, scales back retail, industrial, and office capacity. He added that the amlpm trip count may be less since you're offsetting commercial with residential traffic. He stated that this will be part of the study. Volume 56 - Page 1372 INDEX City of Newport Beach Study Session Minutes December 14, 2004 Mark Tabbert stated that he supports keeping Banning Ranch as open space and that it would pass by 2/3 if it went to a vote. He believed that the longer Banning Ranch stays open space, the more valuable it will become. PUBLIC COMMENTS - None. ADJOURNMENT - at 6:20 p.m. to Closed Session to discuss terms and conditions of rental agreements for the Marinapark Mobilehome spaces on City property at 17th Street and Balboa Boulevard. He reported that the City negotiators are City Manager Bludau and Assistant City Manager Kiff., The agenda for the Study Session was posted on December 8, 2004, at 4 :20 p.m. on the City Hall Bulletin Board located outside of the City. of Newport Beach Administration Building. Recording Secretary Mayor I City Clerk , l +Y JAS Volume 56 - Page 1373 INDEX CITY OF NEWPORT BEACH City Council Minutes ORAFr Regular Meeting s December 14, 2004 - 7:00 p.m. INDEX STUDY SESSION - 4:00 p.m. CLOSED SESSION - 6:20 p.m A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Absent: None C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Webb E. INVOCATION- Council Member Webb F. Proclamation for Jacquelyn Beauregard Dillman. Mayor Ridgeway presented a proclamation to Ms. Dillman commending and thanking her for her service to the Newport Beach Public Library and the City of Newport Beach. Tom Edwards also acknowledged Ms. Dillman's efforts. Board of Library Trustees Chairman Harry Hamilton thanked Ms. Dillman for her lengthy service and the superb job that she did with the Distinguished Speakers Lecture Series. Ms. Dillman expressed her appreciation for the tribute, and stated that she is proud of her service. Corona del Mar Centennial Planning Conunittee. Peggy Fort, Executive Director of the Corona del Mar Centennial Foundation, thanked the City Council for their support of the centennial and presented them with a framed, limited edition centennial poster. Additionally, she presented a stocking of gifts to each council member and stated that the items are also for sale, with the money being raised going to the foundation. She explained that the foundation is in the final stages of their fundraising campaign for the Centennial Plaza and that additional information can be obtained at www.cdm2004.com. She introduced Bernie Svalstad, Chairman of the Foundation, Linda Rasnor, Foundation Board of Directors, Tim Brown, Executive Planning Committee, and David Mueller who is assisting with the construction of the Centennial Plaza. Mr. Svalstad stated that the plans for the plaza are undergoing final review by the City and it is hoped that the plaza will be completed by the end of March. Volume 56 - Page 1374 City of Newport Beach City Council Minutes December 14, 2004 G. REORGANIZATION 1. CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS. Motion by Mayor Pro Tem Bromberg to adopt Resolution No. 2004- 94 declaring the results of the General Municipal Election held on November 2, 2004. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 2. ADMINISTRATION OF OATH OF OFFICE. City Clerk Harkless called newly re- elected Council Members John Heffernan, Steven Rosansky and Steven Bromberg forward. She then administered the Oath of Office prescribed in the State Constitution to elected officials and presented a Certificate of Election to each. The newly re- elected Council Members were reseated at the Council dais. 3. ELECTION OF MAYOR. The City Clerk, in presiding, placed all members of the Council on an equal basis to nominate and elect. Council Member Rosansky nominated Council Member Bromberg for Mayor. Motion by Council Member Ridgeway to close nominations and vote for Mayor by acclamation. Council Member Heffernan announced that Council Member Bromberg has applied for a judgeship, which could mean that his seat on the City Council could be vacated and a determination would need to be made on how it would be filled. He stated that he just wanted to make the public aware of this. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Bromberg, Ridgeway, Webb, Daigle, Nichols Noes: None Abstain: None Absent: None City Clerk Harkless announced that Steven Bromberg is the new Mayor. Mayor Bromberg took his proper place at the Council table. Volume 56 - Page 1375 NPI s►, Certification of Election Results (39/100 -2004) City of Newport Beach City Council Minutes December 14, 2004 INDEX 4. ELECTION OF MAYOR PRO TEM. The Mayor, in presiding, placed all members of the Council on an equal basis to nominate and elect. Mayor Bromberg nominated Council Member Webb for Mayor Pro Tem. Motion by Council Member Ridgeway to close nominations and vote for Mayor by acclamation. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None City Clerk Harkless announced that Don Webb is the new Mayor Pro Tem. Mayor Pro Tem Webb took his proper place at the Council table. 5. SEATING ARRANGEMENTS FOR CITY COUNCIL. The council members decided on the seating arrangement of the Council table, with the senior council members having first preference. The following seating order was determined (left to right): Heffernan — Rosansky — Webb — Bromberg • Ridgeway — Daigle — Nichols. Mayor Bromberg presented Council Member Ridgeway with a plaque recognizing his year as Mayor. He congratulated him on doing a great job. Council Member Ridgeway thanked the City Council and the citizens of Newport Beach for their support. He stated that it was a busy year, and he acknowledged the additional involvement by all of the council members in City events. Mayor Bromberg stated that 2005 will also be a busy year for the City Council with many sophisticated issues that will need to be dealt with. He specifically listed the general plan update, sphere issues and the John Wayne Airport. He acknowledged the time put in by the council members and stated that it is appreciated. Council Member Heffernan thanked the residents who had the confidence to elect him for a second term. He stated that he expects to do a better job during the second term because he knows the job and the staff better, and that he intends to do the best he can to provide public service and represent the entire city. Volume 56 - Page 1376 City of Newport Beach City Council Minutes December 14, 2004 INDEX Council Member Rosansky also thanked the voters for their support and those that helped him with his campaign. He stated that he looks forward to the next four years and reminded everyone that he has an open door policy. Council Member Heffernan also thanked the people who put up and took down his campaign signs. H. NOTICE TO THE PUBLIC I. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member Daigle requested that at the City Council meeting of January 11, 2005, an initiation of a code amendment to allow car rental agencies as a permitted use in the campus tract be agendized. • Council Member Ridgeway announced that he was on the board of directors and participated in the Orange County Marathon on December 5, 2004. He stated that it was an extraordinary event. Pacific Care was a major donor and has already committed $250,000 to next year's event. Mayor Pro Tem Webb presented a Santa Marine figure to Council Member Heffernan and Mayor Bromberg in recognition of their support for the 1/1 Marines. • Council Member Rosansky requested that at the City Council meeting of January 11, 2005, the development of a new Council committee be agendized that would be similar to the Newport Beach/Irvine Borders Committee, but would cover Newport Beach's relationship with Costa Mesa and Huntington Beach. Council Member Ridgeway stated that a similar committee exists to address the Santa Ana River Crossing (SARX). Council Member Rosansky explained that the committee that he is proposing would cover a broader range of topics. Mayor Bromberg requested that the City Manager discuss the matter with Council Member Rosansky. Council Member Rosansky announced that the dredge is in place and has started pumping out the 400,000 cubic yards of sediment that has accumulated in the Santa Ana River. He stated that it will be there for the next three to four months. Council Member Heffernan requested that the City Council agenda regularly include a map showing real estate owned, directly and indirectly, by council members. He requested that it include Newport Beach and a one mile radius around the City, and explained that it would be valuable information for the public. Volume 56 - Page 1377 City of Newport Beach City Council Minutes December 14, 2004 Uouncil Member Ridgeway noted that the information is already provided in the conflict of interest forms, which are public documents and required of all council members. Council Member Heffernan stated that his request would provide the information in a simpler fashion. • Mayor Bromberg announced that the 16t Battalion 16t Marines out of Camp Pendleton were deployed to Iraq, and that he would be obtaining their address and initiating a letter writing campaign. He acknowledged the American Legion, which donated $1,000 to the 1/1 Marines earlier in the day. • Mayor Bromberg invited everyone to visit Balboa Island at night and enjoy the holiday lights. Additionally, he announced that the Christmas Boat Parade will run from December 15th to the 19th this year. J. CONSENT CALENDAR READING OF MINUTES/ORDINANCES AND RESOLUTIONS 7. Item removed from the Consent Calendar by a member of the audience. 8. Item removed from the Consent Calendar by a member of the audience. ORDINANCES FOR INTROD UCTION 9. Item removed from the Consent Calendar by a member of the audience. 10. CODE AMENDMENT NO. 2004 -009 AMENDING CHAPTER 20.44 (SPECIFIC PLAN DISTRICT #7 — SANTA ANA HEIGHTS) TO BE CONSISTENT WITH CHAPTER 20.85 (ACCESSORY DWELLING UNITS), WHICH WOULD ALLOW FOR GRANNY UNITS TO BE APPROVED BY THE PLANNING DIRECTOR [PA2004 -186]. Introduce Ordinance No. 2004 -29 approving Code Amendment No. 2004- 009 and pass to second reading on January 11, 2005. ORDINANCE FOR ADOPTION 11. Item removed from the Consent Calendar by Council Member Nichols. RESOLUTIONS FOR ADOPTION 12. Item removed from the Consent Calendar by a member of the audience. 13. RESOLUTION FOR AN URBAN STREAMS RESTORATION GRANT FOR THE BUCK GULLY STABILIZATION PROJECT. Adopt Resolution No. 2004 -97 endorsing the application for an Urban Volume 56 - Page 1378 INDEX (100 -2004) (100 -2004) City of Newport Beach City Council Minutes December 14, 2004 Streams Restoration Urant. CONTRACTS AND AGREEMENTS 14. Item removed from the Consent Calendar by Council Member Nichols. MISCELLANEOUS ACTIONS 15. Item removed from the Consent Calendar by a member of the audience. 16. Item removed from the Consent Calendar by a member of the audience. 17. BUDGET AMENDMENT — SURFING /SAILING/TENNIS /SPECIAL EVENTS. Approve a budget amendment (05BA -034) in the amount of $53,724 to enhance the City's recreational programs as outlined in the staff report. 18. RESPONSE TO THE STATE WATER RESOURCES CONTROL BOARD REGARDING THE NEWPORT BEACH AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS). Authorize the Mayor to send a letter to the State Water Resources Control Board (SWRCB) requesting an exception to the Ocean Plan's limitations on discharges to an Area of Special Biological Significance (ASBS) for discharges of water into the Newport Beach Marine Life Refuge ASBS. 19. Item removed from the Consent Calendar by Council Member Heffernan. Motion by Mavor Pro Tem Webb to approve the Consent Calendar, except for those items removed (7, 8, 9, 11, 12, 14, 15, 16 and 19). The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None K. PUBLIC HEARINGS 20. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2005. Program Manager Berger stated that no protests to renewing the Marine Avenue Business Improvement District (BID) have been received. He introduced Sheri Drewry, BID President. Ms. Drewry thanked the City Council for their support of the BID. Volume 56 -Page 1379 INDEX (100 -2004) (100 -2004) (100 -2004) City of Newport Beach City Council Minutes December 14, 2004 Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Motion-by Council Member Ridgeway to adopt Resolution No. 2004- 98 confirming the Marine Avenue Business Improvement District Annual Report and levying the BID assessment for the 2005 fiscal year. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 21. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2005. Program Administrator Trimble stated that no protests to renewing the Restaurant Association Business Improvement District (BID) have been received. Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Motion-by Council Member Ridgeway to adopt Resolution No. 2004- 99 confirming the Restaurant Association Business Improvement District Annual Report and levying the BID assessment for the 2005 fiscal year. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None L. PUBLIC COMMENTS Dolores Otting complimented City staff on their efficiency in handling a water pipe break in the Harbor Hills area on Saturday, December 11, 2004. She specifically acknowledged Utilities Supervisor Sankey and his crew. Jim Hildreth displayed a photo and stated that the access to the location is in question. He explained that the City has stated that it would not allow a legitimate structure that is designed for access in the Grand Canal. He stated that he would be asking the Harbor Resources Volume 56 - Page 1380 INDEX (100 -2004) City of Newport Beach City Council Minutes December 14, 2004 INDEX Department about the mooring structures in the Grand Canal, and that he hoped to receive documentation that would legitimize the shore moorings that are currently in place. Tim Brown, Leadership Tomorrow Board Chairman, announced that nominations are being accepted for two leadership awards. He explained that Leadership Tomorrow gives these two awards each year, and that they are for excellence in leadership and excellence in community leadership. The excellence in leadership award is given to an individual who is affiliated with Leadership Tomorrow, and the excellence in community leadership award is open to all individuals. He stated that the board will vote on the nominations received at its meeting on January 12, 2005. He urged the City Council and the community to consider nominating an individual by contacting Jeff Parker, Leadership Tomorrow Executive Director, at 949. 729 -4408 or ii3arker(@newi3ortbeach.com. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Committee (GPUC). Mayor Bromberg explained that GPUC is the guiding committee that gave recommendations to the City Council for the 38- member General Plan Advisory Committee (GPAC). He further explained that GPAC is comprised of citizens and does not include any elected officials. Status report — Local Coastal Program Certification Committee. Council Member Ridgeway reported that the Coastal Commission is reviewing the City's application. Status report — Newport Coast Advisory Committee (NCAC). Council Member Heffernan reported that the NCAC met on December 6, 2004, and discussed the transfer of the maintenance of the medians, slopes and parkways to the City, approved the design drawings for the new community center, and discussed the ongoing investigation of the use of the Mello -Roos bonds. He stated that the date of the next meeting of the NCAC will be posted on the City's website. Status report — Mariners Joint Use Library Ad Hoc Steering Committee. Mayor Pro Tern Webb announced that bids for the project will be opened on December 17. 2004. Status report — City Centennial 2006 Committee. Mayor Pro Tern Webb reported that the committee has been meeting for one year and has made a number of decisions and is moving forward with preparations. Several subcommittees are being formed and information on volunteering can be obtained at www.newUOrtbeachl00.com. He stated that several events are being considered, including participation in the 2006 Rose Bowl Parade. Council Member Heffernan asked what the budget is for the centennial. Mayor Pro Tern Webb stated that the committee is planning to discuss the budget and other matters at the Study Session on January 25, 2005. He added that a significant amount of fundraising is also expected to offset the costs to the City Volume 56 - Page 1381 City of Newport Beach City Council Minutes December 14, 2004 and increase community support for the various events. Mayor Bromberg stated that a Rose Bowl Parade float would cost between $75,000 and $250,000, and is expected to be underwritten. Mayor Pro Tem Webb displayed the logos that have been developed for the centennial. Council Member Daigle stated that she is on the finance subcommittee with Barry Allen and they are also available to discuss the budget with anyone that might be interested. Status report - Santa Ana Heights Project Advisory Committee. Council Member Daigle reported that the committee met and is continuing to move forward on a number of projects, including the community center, fire station and undergrounding of utilities. Status report - Water Advisory Committee of Orange County (WACO). Council Member Nichols stated that he attended a WACO meeting. He reported that water shortage could be a problem in the future and it's important for Orange County to continue to address the issue. He stated that there is still a drought in Southern California despite the recent rains. N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 22. PLANNING COMMISSION AGENDA FOR DECEMBER 9, 2004. Planning Director Temple reported that the Planning Commission held a Study Session prior to their regular meeting. She stated that at that meeting, the Planning Commission conducted a thorough review of the current proposal for Newport Lexus, and a number of items were highlighted for the applicant to do additional study on. Secondly, the Planning Commission reviewed the general plan update land use alternatives. Council Member Heffernan asked if a schedule would be provided on general plan actions. Assistant City Manager Wood stated that the calendar needs to be redone, based on what occurred at the City Council's Study Session held earlier in the day. Council Member Heffernan requested that the calendar be put together when direction is received at the Study Session on January 11, 2005. Planning Director Temple stated that at the Planning Commission's regular meeting, three items were approved. These included an off-site parking agreement for Pacific Coast Yacht Club and Charter Service, an addition to an existing cellular antenna site within the Coyote Landfill area, and increased research and development uses within an existing office building in Santa Ana Heights. Planning Director Temple stated that the Planning Commission also continued their discussions on the St. Andrews Presbyterian Church expansion, and recommended approval of the project and certification of the Environmental Impact Report (EIR). She stated that additional Volume 56 - Page 1382 INDEX (100 -2004) City of Newport Beach City Council Minutes December 14, 2004 information is provided in the staff report for Item No. S27 on the current meeting's agenda. In response to Council Member Heffernan's questions, Planning Director Temple confirmed that the City Council will have full public hearings on all of the project, including the operating conditions. Additionally, she confirmed that the Planning Commission's recommendation for approval hinges on the ability of the church to achieve an agreement to utilize off - site parking on the Newport Harbor High School site. City Manager Bludau stated that Item No. S27 will address the issue further. Planning Director Temple stated that the Planning Commission considers the issue to be critical and wants the City Council to discuss the timing of its consideration in relationship to when an agreement might be reached with the school district. Planning Director Temple stated that the last item on the Planning Commission's agenda was the consideration of an amended variance for a property at 3415 Ocean Boulevard. The item was continued to the Planning Commission's meeting of January 6, 2005, and the applicant was asked to further assess his request and possibly provide additional information. O. CURRENT BUSINESS 23. APPROVAL OF PURCHASE AND SALE AGREEMENT CALTRANS PARCEL DD 40766 -01 -02 - SUNSET RIDGE PARK. Motion by Council Member Ridgeway to 1) approve the Purchase and Sale Agreement for parcel DD 40766- 01 -02; 2) authorize the Mayor to execute the Purchase and Sale Agreement; and 3) approve a budget amendment (05BA -033) in the amount of $49,100 from the Unappropriated Park in Lieu Reserves, 010 -3767, to account number 7021- C5100515. In response to Council Member Nichols' question, Public Works Director Badum clarified that the parcel is northerly of the parking lot on the hospital side of Superior Avenue and is currently a vacant lot owned by the State. Council Member Nichols asked what would happen if the City did not purchase the parcel. Public Works Director Badum stated that someone else could purchase the parcel, but noted that it is currently zoned open space. City Manager Bludau stated that it was always a part of the original CalTrans West site. He added that by purchasing it, it gives the City the flexibility to do something with it in the future. Council Member Rosansky stated that it's a key parcel in the area and could potentially be incorporated into the new park that the City plans to build across the street, or it could be used to round out the existing parking lot. He concluded his remarks by stating that it's an excellent purchase for the City. Jim Hildreth stated that it should be brought to the public's attention that the money to purchase it will come from unappropriated park in lieu reserves. Additionally, he stated that there will probably be other debts Volume 56 - Page 1383 INDEX C -3743 Sunset Ridge Park/ Purchase & Sale Agreement (38 /100 -2004) City of Newport Beach City Council Minutes December 14, 2004 that will be accrued. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 24. COUNCIL CONSIDERATION OF CITY ATTORNEY CONTRACT City Manager Bludau stated that he was directed by the City Council at their meeting on November 23, 2004, to prepare a contract with Acting City Attorney Clauson. He read some of the terms of the contract and stated that it would run for eighteen months, effective December 1, 2004. Council Member Heffernan asked for an additional comment about the evaluation that would be conducted twelve months into the contract. Acting City Attorney Clauson confirmed that she agreed to the evaluation, willingly and gladly, and stated that it would be good to get some feedback from the City Council on her performance and ways to improve it. Council Member Heffernan noted that it was the Acting City Attorney that actually suggested that the evaluation be included in the contract and was not due to any skepticism by the City Council. City Manager Bludau agreed that the evaluation was appropriate and was also included in the previous City Attorney's contract, as well as his own current contract. Mayor Bromberg stated that Acting City Attorney Clauson has been with the City in the City Attorney's office for approximately fifteen years and is an incredibly capable attorney. Jim Hildreth stated that he recommended Ms. Clauson for the City Attorney position when the former City Attorney announced his retirement. He expressed his support for approving the agreement. Motion by Council Member Rideews. to approve the agreement as recommended by the City Attorney Recruitment Committee. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 25. PROPOSED COUNCIL POLICY B -17 — ACCEPTING DONATIONS TO RECREATION & SENIOR SERVICES RELATED ACTIVITIES. City Manager Bludau stated that two City Council policies are on the current meeting's agenda, and that they include Council Policy B -17 and Volume 56 - Page 1384 U1 s►. C -3744 City Attorney Employment Agreement (38/100 -2004) (100 -2004) City of Newport Beach City Council Minutes December 14, 2004 Council Policy G -5. He noted that Mayor Pro Tem Webb has provided comments on changes that he'd recommend for both policies and has expressed the desire to continue both items to allow staff time to look at the recommended changes. Motion by Mavor Pro Tern Webb to continue the item to January 25, 2005. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 26. COUNCIL POLICY G -5 CHANGES. Motion by Mavor Pro Tern Webb to continue the item to January 25, 2005. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 527. RECOMMENDATION OF THE PLANNING COMMISSION ON THE CITY COUNCIL'S CONSIDERATION OF THE ST. ANDREWS PRESBYTERIAN CHURCH EXPANSION PROJECT. Mayor Bromberg stated that he has heard from both sides of the issue, and both have suggested that the item be continued. Planning Director Temple referred to the four alternatives presented in the staff report. She stated that staff has not made a specific recommendation, but has provided the City Council with some options to consider. She added that the Planning Commission did require, as a part of their recommendation for approval, that a 30 -year agreement providing an increase in parking supply at Newport Harbor High School be approved by the Planning Commission prior to the issuance of any. permits. Additionally, they recommended that the City Council consider how the actions would be timed. Assistant City Manager Wood added that the Planning Commission is recommending that the City Council select option number two in the staff report, which is to delay scheduling of the hearing until the parking agreement is reached and approved by the Planning Commission. Mayor Bromberg asked if option number two would impact the church's discussions with the school district. City Attorney Clauson stated that the applicant indicated to the Planning Commission that they were willing to postpone the hearing before the City Council until they were Volume 56 - Page 1385 INDEX (100 -2004) (100 -2004) City of Newport Beach City Council Minutes December 14, 2004 INDEX able to work with the school district. She noted that the delay of the hearing before the City Council is contingent on the applicant's agreement to do so. Council Member Nichols noted that the City has had difficulty reaching an agreement with the school district on the loop road in Newport Coast. He asked why the City would expect the church to be successful. Mayor Bromberg pointed out that it's a different'issue. Philip Bettencourt, representing St. Andrews Presbyterian Church, stated that the church is looking forward to its continuing work with the Newport -Mesa Unified School District. He stated that another option for the City Council to consider would be to make a determination on the Environmental Impact Report (EIR) prior to reviewing the application. He stated that it would be helpful for the church to know if there are any lingering issues. Lastly, the church does not feel that a Study Session would be necessary, Mayor Bromberg asked if anything had been scheduled with the school district yet. Mr. Bettencourt stated that the matter could be discussed by the district in closed session since it is a real estate matter, so he could only say that the church is working through the school district's designated officers and that they have exchanged drawings of the campus. Council Member Heffernan asked when Mr. Bettencourt felt a decision by the school district would be made. Mr. Bettencourt didn't know, but confirmed that the church is working hard and has been since submitting its application nearly two years ago. Council Member Heffernan noted that it could take a long period of time for an agreement with the school district to be reached. Council Member Ridgeway stated that the school district is trying to analyze the improvements to their benefit, not the church's, and that they have an interest in additional parking. He expressed his confidence that the church will let the City know if negotiations begin to falter. Mr. Bettencourt stated that there is an opportunity to improve neighborhood parking at no cost to district taxpayers. Donald Krotee, Newport Heights Improvement Association President, stated that the neighborhood is in support of the Planning Commission's recommendation to delay the City Council public hearing until the school district considers the matter publicly. He expressed his dismay that one of the Planning Commissioners stated that he supported the project, and then asked the applicant not to build it because of the size and the animosity that it had created in the neighborhood. Mr. Krotee stated that the school district desires to expand their after school programs, and the church's expansion project focuses on the youth. He stated that this might result in a cooperative joint use. Mayor Bromberg asked Mr. Krotee what his position was on the City Council certifying the EIR separate from reviewing the application. Volume 56 - Page 1386 City of Newport Beach City Council Minutes December 14, 2004 fp s►,. Mr. Krotee stated that the neighborhood's consultant's latest comments about the EIR have not been responded to and that there are concerns about the air quality calculations. For this reason, he would not expect the City Council to certify the EIR. In response to Mayor Bromberg's question, Mr. Krotee stated that the consultant's comments were submitted to the Planning Department on December 9, 2004. Jim Hildreth mentioned separation between church and state, and that the City has a parking agreement with a local church. He stated that he supports children and education, but he thinks there should be a limit. Council Member Ridgeway asked Mr. Bettencourt if he would be in agreement with the public hearing before the City Council being postponed. He added that he could not support certifying the EIR separately, until the issues about the air quality aspects have been responded to. Motion by Council Member Ridgeway to delay the scheduling of the public hearing until an off -site parking agreement is approved by the Planning Commission. Mr. Bettencourt stated that he agrees with a postponement and would provide any documentation deemed necessary by the City Attorney's office. Mayor Pro Tem Webb agreed with Council Member Ridgeway that it would not be beneficial to look at the EIR document separate from the other documents. Additionally, when the matter is considered by the City Council, he suggested that the church provide additional information on what is being proposed and what the true impacts of the various aspects would be. Council Member Heffernan asked if the information provided by the Planning Commission is detailed enough that the City Council could approve the parking agreement at the same public hearing when the application is considered, instead of the matter returning to the Planning Commission and delaying the church further. Planning Director Temple stated that the Planning Commission was very specific on the minimum number of parking spaces that should be required, but also felt very strongly that they wanted to review the actual terms of the agreement. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Mayor Bromberg recessed the meeting at 9:00 p.m. and reconvened the meeting at 9:10 p.m with all council members present (Council Member Heffernan arrived during the discussion of Item No. 8). Volume 56 - Page 1387 City of Newport Beach City Council Minutes December 14, 2004 P. ITEMS REMOVED FROM THE CONSENT CALENDAR MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF NOVEMBER 23, 2004. Jim Hildreth referred to page 1352 of the November 23, 2004, regular meeting minutes and stated that his comments about the movie, "Liar, Liar ", were not included. He stated that the rest of his comments did appear to be recorded correctly. Secondly, he referred to page 1356, and stated that the use of the word "it" was ambiguous. Lastly, on page 1357, he stated that his reference to a "slush fund" should have been included. Motion by Mavor Pro Tern Webb to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan 8. READING OF ORDINANCES AND RESOLUTIONS. Jim Hildreth stated that this item should be approved at the beginning of the meeting, but if pulled from the Consent Calendar, it is not considered until the end of the meeting. He stated that this contradicts what the purpose of the agenda item is and that Items Removed from the Consent Calendar should be moved back to the beginning of the agenda. It was agreed that a motion was not necessary, since the action was to waive reading in full of all ordinances and resolutions under consideration, and direct the City Clerk to read by title only. 9. SETTING A PUBLIC HEARING TO CONSIDER THE AWARD OF A NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO ROBERT'S WASTE AND RECYCLING, INC. Jim Hildreth stated that the City has a great deal of waste collection organizations and that instead of awarding more contracts, the City should require that the existing ones pick up after themselves. Motion bir Council Member Ridaeway to adopt Resolution of Intention No. 2004 -95 to award a Non - exclusive Solid Waste Franchise to Robert's Waste and Recycling, Inc. and schedule a public hearing on January 11, 2005; and 2) introduce Ordinance No. 2004 -28 granting a Non - exclusive Solid Waste Franchise to Robert's Waste and Recycling, Inc. and pass to second reading on January 11, 2005. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Volume 56 - Page 1388 RNPITOTM Solid Waste Collection Franchise (421100 -2004) City of Newport Beach City Council Minutes December 14, 2004 Bromberg Noes: None Abstain: None Absent: None 11. FATS, OIL AND GREASE (FOG) CONTROL ORDINANCE. Council Member Nichols stated that his problem with the proposed ordinance is that, ultimately, some food service establishments will not be required to install a grease control trap. Additionally, he stated that in Section 14.30.035(2), it appears that all four conditions must exist in order for a waiver to be granted. Council Member Nichols stated that the intent is that any of the conditions must exist for a waiver to be granted. He suggested that the wording be changed from "the following conditions exist" to "any of the following conditions exist ". City Manager Bludau agreed that the change would clarify the intent of the waiver. Council Member Nichols stated that the laws have to treat everybody equally and the proposed ordinance does not. City Manager Bludau stated that the law does not require that everybody be treated equally and that's why there is the grandfather status. He added that the Regional Water Quality Control Board isn't requiring that every restaurant put in a grease trap, based upon the realization that such a requirement would put some restaurants out of business. Council Member Nichols agreed that such restaurants should be helped, but that everyone must ultimately be treated equally in order for the law to be legal. City Attorney Clauson stated that the proposed ordinance is legal. Mayor Pro Tem Webb asked if the suggested change in the language by Council Member Nichols would be considered clerical and not require that the ordinance be reintroduced. City Attorney Clauson responded in the affirmative and stated that it would be considered a clarification. Motion by Council Member Ridgeway to adopt Ordinance No. 2004- 27 amending Chapter 14.30 of the NBMC to reflect new wastewater system requirements of the Regional Board and adding the words "any of to Section 14.30.035(2). Jim Hildreth stated that he would expect that the City would want to help a business from being put out of business if the business is required to put in a grease trap. He referred to Section 14.30.060(B)(1) and stated that a $25,000 violation per day would put a business out of business. He stated that the City should be encouraging businesses not to pollute and not just punish them. City Manager Bludau explained that the $25,000 violation mentioned by Mr. Hildreth is a requirement of the Regional Water Quality Control Board. Council Member Ridgeway noted that the proposed ordinance was actually drafted by the Orange County Sanitation District with over thirty cities providing input. The motion carried by the following roll call vote: Volume 56 - Page 1389 Np o►,. (100 -2004) City of Newport Beach City Council Minutes December 14, 2004 Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 12. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2005 UNDER THE CITY S CONFLICT OF INTEREST CODE. Jim Hildreth stated that Exhibit A isn't clear and the meaning of the assigned disclosure categories aren't defined. Motion by Mayor Pro Tern Webb to adopt Resolution No. 2004.96 adopting the 2005 Designated Employees List, as amended by the City Clerk. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 14. 44TH STREET TIDAL VALVE REPLACEMENT — AWARD OF CONTRACT (C- 3717). Council Member Nichols asked if the valve replacement was for a check valve in a sewer. Public Works Director Badum stated that it's actually a large electrically- operated gate valve that is used at the storm drains when the tide comes in. Council Member Nichols asked if these are located throughout the basin. Public Works Director Badum stated that most of the areas that have them are on the peninsula and on Balboa Island. Mayor Pro Tem Webb added that there are over 75 valves operated by the General Services Department on a regular basis whenever there is a high tide. Council Member Nichols asked how large the valves are. Public Works Director Badum stated that it depends upon the size of the storm drain, however, the one under consideration services two storm drains. Motion by Council Member Ridgeway to 1) approve the plans and specifications; 2) award the contract (C -3717) to GCI Construction Inc. for the total bid price of $61,400 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $5,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (05BA -031) appropriating $36,400 from the Unappropriated Tide and Submerged Land Surplus Fund Balance, 230 -3605, to the Tidal Valve Replacement Program, 7231- C3170722. Volume 56 - Page 1390 INDEX 2005 Designated Employees List (66/100 -2004) C -3717 44th Street Tidal Valve Replacement (38/100 -2004) City of Newport Beach City Council Minutes December 14, 2004 The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 15. PURCHASE OF HIGH SPEED COLOR IMAGING SYSTEM. Jim Hildreth stated that he pulled the item, but that the matter has been resolved. Motion by Council Member Ridgeway to 1) approve the purchase of a Konica Colorforce 8050 High Speed Color Imaging System from Century Business Services, Inc.; and 2) authorize a budget amendment (05BA- 030) appropriating $38,650 from unappropriated General Fund reserves to Account No. 7017- C0620801. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 16. SOLE SOURCE PURCHASE OF THREE FIRE ENGINES. 19. Jim Hildreth stated that he supports the Fire Department, but asked if the three fire engines were replacing fire engines or adding new fire engines, and if they are replacing existing fire engines, he asked where the old ones would be going. General Services Director Niederhaus stated that it's a one - for -one replacement. Motion by Council Member Rosanskv to 1) authorize the purchase of three (3) fire engines from American LaFrance of Los Angeles for a purchase price of $1,026,759; and 2) approve a budget amendment (05BA- 032) in the amount of $31,759 to fund the additional cost of the engines due to an upgrade of the body composition and increases in material costs. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None INDEX (100 -2004) (100 -2004) REPORT ON INFORMATIONAL ISSUES REQUESTED BY I (100 -2004) COUNCIL MEMBER HEFFERNAN. Volume 56 - Page 1391 City of Newport Beach City Council Minutes December 14, 2004 Council Member Heffernan stated that he waives his comments. Motion by Council Member Ridgeway to receive and file the report. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Q. MOTION FOR RECONSIDERATION - None R. ADJOURNMENT at 9:30 p.m. ttttttttt�tr�rtttt The agenda for the Regular Meeting was posted on December S, 2004, at 4:20 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 December 10, 2004, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 1392 INDEX City of Newport Beach City Council Minutes December 14, 2004 Np o►, THIS PAGE LEFT BLANK INTENTIONALLY Volume 56 - Page 1393