HomeMy WebLinkAbout01 - 07-24-2007 - MinutesAgenda Item No. 1
August 14, 2007
ill I 1 10
MIN
City Council Minutes
Study Session
July 24, 2007 — 4:00 p.m.
I. ROLL CALL pgi
Present: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky,
Council Member Webb, Council Member Daigle,�`e uuncil Member Gardner
II. CURRENT BUSINESS
L CLARIFICATION OF ITEMS ON T CONSENT CALENDAR.
Regarding item 9 (Buck Gully We Ksiated Member Gardw expressed concern about
the controlling/blocking of sedime sediment in Little k. orona comes from Buck
Gully and it is critical that it gets sible.
Regarding item 14 and e to the Report "Newport Harbor
Moorings "), Council Mem e' Daighe plans on pulling the item for discussion
and that there isn't any ecQnom�a @jL ysis that - tablishes that profits are being made.
In response to Council
(Execution o£ 'seal Year
receivine � n e from
he wills
Digital.
seems li
� ep
the Poh
another
City Ma
gave a b
2. '1 VIE,
It wa;itl
3. BIG CA
item 12
iil and I
in
be
HenXIZ stion` Fire Chief Lewis stated ' that Item 5
mel nd Security Grant Programs Transfer Agreements) is
4m- 12 (Request for Additional Funding for Proposed
s 92, 100, 101 and 103), Council Member Henn stated the
ht. Regarding Item 16 (Purchase of Police Department
Facility), Council Member Henn expressed concern that it
s doing single source bids. Mayor Pro Tern Selich stated
:ful life of the DVR system since there is a possibility that
He also wanted to know if the system can be relocated to
idu the new Utilities Director Steve Myrter. Utilities Director Myrter
of his career and spoke briefly about his personal life.
AND GRANT DEALING WITH WATER QUALITY.
of Council to continue this item to a future study session.
PROJECT.
Assistant City Manager Kiff introduced the Public Works Consultant Mark Reader and the
Lead Consultant to the project, Lan Weber, from WRC Consulting. Mr. Reader utilized a
PowerPoint presentation to` explain the existing conditions and Dredge/Fill history. He
stated that in 2003, the Community Conservancy International (CCI) led a project team to
address various issues within the Big Canyon Nature Park in which scientific research and
analysis was conducted to develop possible restoration alternatives. In April 2004, CCI
completed the Phase 1 report and made the following recommendations: restore the historic
title zone, improve water quality issues, restore functioning wetlands & fresh water
.marshes, repair upland habitats, improve public trail access, scenic opportunities, and
Volume 58 - Page 220
City of Newport Beach
Study Session Minutes
July 24, 2007
interpretive facilities, remove invasive non - native plants, encourage public participation,
and provide educational and recreational opportunities. In August of 2005, the City selected
WRC to move forward with Phase 2. They have completed the feasibility assessement,
water quality analyses and preliminary engineering. He explained the changes to the
grading, drainage, utilities plan, planting/habitat plan, trail and facility plan, ampitheater
plan, restroom plan, interpretive education/park use, and the trail and facility plan. He
stated that the next step is a. meeting on August 1, 2007, at 6:30 p.m. at The Bluffs'
Community Room and the comment period for the CEQA process closes on August 17, 2007.
In response to Council Member Gardner's question, Ms. Weber explained why the
maintenance of the sediment will not be a problem. a reported that an operation and
maintenance manual will be provided at the end Oe study that will recommend annual
cleanings. Council Member Gardner stated pei�Ntkheater, _ e would like the issue of having to distill
or test the sediment considered. Regarding Ms. Weber stated that the 100
seat ampitheater will be on the slope and led h the nature. Further, the seating.
will be concrete but, between the seats, ti#ere will be grass
In response to Council Member Da lie's qu tions, AssistantVity Manager Kiff stated that
the Orange County Department ilin will be the most y organization using the
ampitheater and that the. City wo2r o�t involve with the curric but will keep track
of the schedule. He stated that th ity might want to enter into an agreement with the
County to determine the use of the la on and to deal with other issues as they arise. Ms.
Weber stated that they will not introce new species, but will remove the. invasive
species and replace theiv illow trees„
In response to Council Member Wei questionYs. Weber stated that the focus of the
project is to get better drair'tiage contr ck Ba Drive and, . when the water exceeds its
capacity, to ye the roadwaysoli� enough to stain the overflow. She stated that the
restoration project budget willlde rmine the level of protection; but the whole facility can't
be lined fbecausle&gulatory pe�rts can not be obtained.
In respftse to ouncil Member Curry's questions, Assistant City. Manager Kiff stated that
the majorulirnd% trcipants are the State Water Resources Control Board and the
a S %e Coasta Ciin'aerua�ncy via Propositions 40 and 50. He confirmed that the
City is artn of about 15 percent of the overall cost to date. He added that there is
money se side The Irvine Company for the interpretive elements and they have
proposed ab t $900, 00' for the trail systems, overlook, benches and ampitheater area.
In response Mayor Pro Tem Selich's questions, Assistant City Manager Kiff stated that
they will firI get construction estimates and then approach the funding agencies. He
orted that the City can set it up so.that certain elements of the project are deferred if
th is no ding. He indicated that the project is considered a research improvement, so
he d o xpectthe City to pay for improvements over the budget.
In re se to Council Member Curry's questions, Assistant City Manager Kiff stated that
the estimated amount of the project is about $8 million to $10 million dollars. He reported
that the State passed another bond measure for $5.2 billion and the State has supported
this project in the past.
In response to City Manager Bludau's questions, Ms. Weber stated that speed can be limited
and stop signs can be installed for vehicles. Assistant City 'Manager Kiff reported that the
Upper Newport Bay Ecosystem project has a requirement that states there should not be a
net loss of no more than 10 percent of one habitat, and noted that, in this case, it is the
mudflats. He confirmed that it is possible to widen the road upstream and
Volume 58 - Page 221
City of Newport Beach
Study Session Minutes
July 24, 2007
consider providing a pedestrian lane for safety reasons_
Council Member Daigle stated that there will be a meeting at the Bluffs and it is up to the
community.
Pat.Krohn, representative from the Homeowners Association, stated that the owners in her
condiminium are very interested in the Big Canyon.Project and believe that it will be an
enhancement to the community. She asked how the additional people in the area will affect
her neighborhood. Assistant City Manager Mff explained that there will not be a new paved
public road, no increase in public access, and all of the trails are already existing.
Diana Blazer stated that her biggest concern is thevehicles because people do not pay
attention to the speed limit which makes the roa $hazardous. She believed that the stop
signs will be ignored, but widening for ingress egress would be helpful. She reported
that City crews leave the dead branches an ri wh they clean the culvert.
Council Member Gardner stated that the- ity should consi er speed bumps.
In response to Council Member Wed's que tions, Ms. Webe ated that they decided to
keep the same amount of parking spaces because the parking lot derutilized. He added
that the parking area will be mosIt '- gt_ilized by school buses bringi children to the area.
IIl. PUBLIC COMMENTS - None
IV. ADJOURNMENT - 5:oo p.m.
The agenda for the Study Ses
Hall Bulletin Board located
Building.
City Clerk
on July 19, 2007, at 12:30 p.m. on the City
City Wf Newport Beach Administration
Recording Secretary
Mayor
Volume 58 - Page 222
is fli.Ir a•.
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.
RECONVENED AT 7:00 P-M. 1
V. ROLL CALL
Present: Council Member Henn, Council Member Curet
Council Member Webb, Council Member Daigle,
VI. CLOSED SESSION REPORT - None
VII. PLEDGE_OF ALLEGIANCE -Mayor 1
VIII. INVOCATION - Mrs. Marianne Scott,
D{. PRESENTATIONS
0
up
Pro Tem Selich, Mayor Rosansky,
1 Member Gardner
Introduction of Siste es Internati I Youth Conference Representatives - Sister
Cities Association P, ident Cherri Myers in oduced the four youth conference attendees who
provided a recap o eir exp iences at the co ence.
Recognition o Ames " Dunl for his eight years of service on the Civil
Service Board - sa . Dunlap with a Certificate of Recognition and
thanked him and all the olunteers on Boards, Commissions, and Committees for their time.
Lion by Newp each Conference and Visitors Bureau - Gary Sherwin of the
ace and Vis s Burea scussed the events that were put together to, honor John
Mr. Sherwin ary Sh of the Newport Beach Film Festival, and Ethan Wayne,
it of Wayne E rprises and John Wayne's son, thanked the City for being a part of the
ion. They presited the Mayor with a framed John Wayne banner and stated that each
Member will b eceiving one.
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
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 Tom Selich reported that too many accidents occur on Bayside D 've and requested a
report on what can be done to alleviate this serious problem; like changing tbrstreet to two lanes.
Council Member Gardner announced that residents can dispose of ele MA
ru_c waste on August 11
from 9.00 a.m. to 1:00 p.m. at the Surterre Properties. She stion can be
found by contacting the Earth Resource Foundation.
Council Member Gardner requested that a community mee ' Corona del
Mar Library and its potential closing, and that notices be s prior to the
meeting.
Council Member Daigle requested a report on theAroced es the Police DepartmenFuses for
registered sex offenders.
Mayor Rosansky announced that he attended the En vi n ental Nature Center's groundbreaking.
Mayor Rosansky requested a joint study session with the :arbor Commission to discuss Harbor
issues and to set priorities-
NIT. CONSENT CALENDAR
A
READING M D�AES A TIONS
. N S
1. MINUTES OF THE ADJ i UR REGULAR AND REGULAR MEETING
OF JULY 10, 2007. [100- Waive reading of subject minutes, approve as
written der filed.
2. RP + F ORDINANCES AND RESOLUTIONS. Waive reading in full of
al ordinances and resolutions 9 der consideration, and direct City Clerk to read
le only
B. ORDINANC T ADOPTTON
DMA,' TO THE TRAFFIC PHASING ORDINANCE (TPO). [I00-
Adopt nance No. 2007 -12 amending Chapter 15.40 of the NBMC (the
Phasing � dinance) to delete references to NBTAM and to make the:
of Trans ortation Engineers' Trip Generation the primary source for
tjng trip generation rates.
PORT BEACH BREWING COMPANY, REVIEW OF USE PERMIT NO.
2920 NEWPORT BOULEVARD (PA2006 -177). [100- 200.71 Continue to a
Council meeting.
5. '`EXECUTION OF FISCAL YEAR 2006 HOMELAND SECURITY GRANT
PROGRAMS TRANSFER AGREEMENTS (C- 3862). [381100-20071 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. [100 -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. . to 12:30 p.m.) to
Tuesday (9:30 a.m. to 12:30 p.m.); and b) rescind Resolution N 2004-82.
D. CONTRACTS. AND AGREEMENTS
7. BUFFALO HILLS PARK LIGHTING - MENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT T '' D, INC. (C-3956).
[381100-20071 Approve an Amendment to the rofessiona rvices Agreement
with JMD, Inc. (formerly known as JMDi z, ne.) of the i f Industry for
additional engineering services at a not txceed price of $20,5 d authorize
the Mayor and the City Clerk to execute he Am ndment.
8. OCEANFRONT SAND REP ENIS- ENT - APPROV OF
PROFESSIONAL SERVICES GREL MENT WITH MOFFATT AND
NICHOL FOR ENGINEERIN R CES (C- 3957). [381100 -20071 Continue
to a future Council meeting.
9. BUCK GULLY WETLANDS MAINTE £ CE ROAD REPAIRS AT 5TH
STREET - AWARD CONTRACT (C-37 1381100 -20071 a) Approve the
drawings and specifica b) ward the contra -3778) to McKenna General
Engineering Inc. for th to i -i of $344,82 , and authorize the Mayor
and City Clerk to execute he contract an amount of $34,500 (10 %) to
cover the cost of unforesee work; and d appro budget amendment (08BA -004)
in the amount of $136,323. 0 ($68,0'00 from Account No. 7501- C6002001 [Ocean
Birch Drive Water Main] t 75 3.05100659 [Buck Gully Wetlands Maintenance
Road Re mss] and $68,32 . from Account No. 010 -3605 [Unappropriated
Gener , un)) to Account N011- C5100659.
10. C TRAC FOR ENVIRO ENTAL CONSULTING SERVICES - HYATT
GENCY NVIRONMENTA IMPACT REPORT (EIR) (C- 3834). [381100-
200 , ec
11. PR OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
EEME; WITH GABLE ENGINEERING, INC. FOR CIP PROJECT
AGEM ERVICES (C- 3915). [381100 -20071 Approve Amendment No.
1 to fessiona . rvices Agreement with Gable Engineering, Inc. at a not to
exceed rice of $1 ,000 and authorize the Mayor and City Clerk to execute the
REC ='MMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE
TO ILL EDC VACANCIES. [100 -20071 Fill current Economic Development
Co mittee vacancies by appointing Danielle Sims as the Newport Center
resentative and Sheri Drewry as the representative for the restaurant
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
XIII.
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 replaecurrent VHS video
system with a DVR recording system; and c) use Silicon A,�. nue as a single source
vendor to provide the equipment and installation of the system.
17. STRATEGIC PLAN FOR FISCAL AND ECOC STABILITY. [100-
20071 a) Approve Strategic Plan for Fiscal anEconomic omit ability; and b) approve
a budget amendment (08BA -005) transferr2,000 m unappropriated
General Fund Reserve to Account 2720 -7-8 Develo ent Professional
and Technical Services.
Motion by__Mayor Pro _Tern Selich to approve t onb nt Calendar, except a items
removed (12, 14, & S23); and noting the continuancegaf ItemA and 8.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, or Pro Tem Selich, Mayor Rosansky,
Council Member Webb; Council Member Daigle, Coun- ember Gardner
ITEMS REMOVED FROM THE CO CALENDAR
rah
12. REQUEST FOR ADDITION FU PR O° OSED UNDERGROUND
ASSESSMENT DISTRICTS 92, 00,101 103. 100 -20071
Following confirmation with the Ci At ey that Council Member Henn does not have a
conflict of interest lublic Works Di Badum indicated that failed Assessment District
No. 99 (AD -9 be combined "th Assessment District No. 103 (AD -103) if the
residents obt ned a necessary si atures and since AD -103 is not too far along.
However, noted t at doing this cool low down the design process for AD -103.
Motion „} ' oun mbei Webb . approve a budget amendment (08BA -006) in the
amount of $14 5 • o and Unappropriated Reserves and appropriate to
the following a ssments Districts: AD -92 (Acct. 74092 - 9811) - $19,500; AD -100 (Acct:
0 - $5', ; AD -101 (Acct. 74101 -9811) - $11,600; and AD -103 (Acct. 74103-
811) - $ 0.
The motion c ed by the llowing roll call vote:
Ayes: Council ember Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansk Council Member Webb, Council Member Daigle, Council Member Gardner
14, RAND JU Y RESPONSE TO THE REPORT "NEWPORT HARBOR MOORINGS:
THEY ELD IN THE PUBLIC TRUST OR FOR PRIVATE PROFIT ?" [I00-
In respp`Ese 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 'em Selich, Mayor
Rosansky, Council Member Daigle, Council Member Gardne
Absent: Council Member Webb
523. AFFORDABLE HOUSING IMPLEMENTATION PLAN MEMORANDUM OF
UNDERSTANDING (C -3979) - SANTA BARBARA CO O UMS (PA2004 -169).
1381100 -20071
Mayor Pro'Tem Selich noted that, due to the mcrefse of in lieu park es; the City will
receive $12 million ($2 million in park fees, $5 m' ion for the Crystal Cove rt project,
and $5 million will come to the City in-an u estric format). He sugges setting
priorities on how to use the $5 million, partic arly fo se in the parks.
Motion by Mayor Pro Tem,_Selich do, Resolution No. 2007 -55 approving an
Affordable Housing Implementation Plan . P) for Lennar Homes Santa Barbara
Condominiums; and b) approve a Memorandum Undei
Homes of California, Inc. and the City of Newport Cl
million shall go to the acquisiti or improvement of
order): Newport Center Park - Bay View Park;
available, use the remaining £ s r ar. a Park e
million shall be an advance from the Genera d a
future residential development in ' wport Bee .
tanding (MOM between Lennar
(PA2004 -169), so long as the $5
Following City parks (in priority
ever, if there are funds still
*ever,
Ridge Park. The $5
be repaid with park fees from
Council Member Selich noted that a 5'million is being generated out of a Newport
Center project an . ewport Center and Back Bay View Park will primarily benefit
the residents o . ' 'V rt Center.
In respons .to Coueil questions, Cit�Attorney Clauson confirmed that the motion is
appropri since t 1 O indicates t ' t Council determines how the funds are to be
used. She rrme he $, nn lieu park fee does not have mandates on where
it is to be spe
t motio =n y Council Member_ Webb to a) adopt. Resolution No. 2007 -55
pproving fforda MHousing Implementation Plan (AHIP) for Lennar Homes Santa
Barbara' Con ' iniums; r, approve a Memorandum of Understanding between Lennar
Homes of Ca ' nia, Inc. a d the City of Newport Beach (PA2004 -169); and c) direct staff
to bring back a commendation relative to future prioritization of the funds that could be
used for park p poses.
ovell Hendri son noted that the Facilities Finance Review Committee indicated that
ina Parkd Sunset Ridge Park should be funded first and took issue that Council is
no ing o account the work that the public committees do.
Mayor nsky requested that Council Member Webb amend his motion to give priority
to activ 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
XIV
XV
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
Noes: Council Member Henn, Council Member Curry, Mayo
Member Gardner
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member
Member Gardner
Noes: Mayor Rosansky, Council Member Webb,, 0
PUBLIC HEARING
18. LOCAL COASTAL PLAN (LCP) AMEg
CONDOS (PA2004 -169) [APPLICANT
AMENDMENT INCLUDES MODIFICAT
COASTAL COMMISSION, INCLUDING
THE COASTAL LAND USE & _ (100 -:
Planning Director Lepo provide- tl
Council because the Coastal Com i
fee to be used for the Crystal Cove '_
this, it will go back to the Coasts
project's Coastal Land Use Plan and
Mayor Ros:
Donna F
LCP is
^Hearin
adopting R(
the public
Mayor Pro
Tern Sehch, Council
Daigle
Council
D*',ENT NO. 2005 -001 — SANTA BARBARA
CI & LENNAR HOMES] — THE
IONq`PP ROVED BY THE CALIFORNIA
THE ADl3��ION OF A NEW POLICY TO
PIr and repoNed that this is returning to
pi Itwt on for the $5 million mitigation
. that, if Council approves
m so they can consider the change in the
1 Development Permit.
Vice Paesident of Commur�ty Development for Lennar Homes, noted that the
st of a ,wo ,sicp_proces: a
The motion cawed by the
Mayor Rosansky closed the public-hearing.
to approve LCP Amendment No. 2005 -001 by
roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tern Selich, Mayor
ns
Rosa Council Member Webb, Council Member Daigle, Council Member Gardner
Bob Rush qu o ed why Robert Burnham is involved with corridor city negotiations and why he
does not file a tement 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 clafified 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 pre se Ving the survey to
Council at a study session. 7
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS 1
19. PLANNING COMMISSION AGENDA FOR JULY 19,
Planning Director Lepo reported on the following it9mrs Code A dment 2007 -005
Group Occupancies and Short -term Lodging); Let' A
SkU �(PA2006 -227) - 20Q6, Birch Street;
Lamborghim (PA2006 -203) - 2244 West Coast ghway; General Plan c tions and
Revisions -Land Use Clement; and Arches G{ 508 29th Street.
In response to Council questions, Plannin irecto �epo indicated that the call up period
for these items ends on August 2. Di o ensued regarding having the Planning
Commission hold a special meeting on Aug to discuss the group homes issue since
the moratorium deadline is approaching. City 't rney Ciauson indicated that the report
won't be available until August 13; however, t . anning Commission could have a
special meeting a few days befo •e the August 23 meets r determine a date during their
August 9 meeting.
XVIIL CONTINUED BUSINESS
20. STATUS REPORT ON THE CI HAL,SITE INSTIGATION AT THE OCTA
TRANSPORTATION CENTER A NEWPORT CENTER PARK WITH
POTENTIAL DIRECTION TO ST [100-20071
Public Works 'erect Badum noted t the designs and cost estimates are conservative
figures bas on wh • is known at this e.
Jose Pa DM Design, reporte . hat they were charged with trying to come up
with what t tai b constraints are with either site. He utilized a
PowerPoint pre ation and reporte that the cost to build a City Hall on the library site
i 5,200, ad about $65,200,000 on the OCTA site. He emphasized that traffic
n geote 'cal iss ere not taken into consideration.
In response t ouncil qu ions, Mr. Palacios discussed grading and slope issues, the use
of retaining s; the configuration of the buildings due to the shape of the ,parcels,
parking struct a configurations, and the number of parking spaces. He noted that he is
unsure whethe . groundwater issues were considered.
ouncil Mem er Webb noted that the City does not own the San Miguel site and the
e ate did not include the right -of -way purchase. He believed that the $10 million
e ce low and utilized and distributed a PowerPoint presentation to show the
overla sty Hall on the Newport Center Park. He noted that parkland can be created
on top o 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 ham Mayor . Pro_, Tern Selich to 1) direct the Building C mmittee to begin
negotiations with the OCTA and The Irvine Company on acquirin _and for a potential
City Hall; 2) authorize the Newport Center Development Cc mittee to enter into
discussions with The Irvine Company regarding the potential to uire a City Hall site or
facility in the 500 block of Newport Center; and 3) direct the B _ ding Committee to review
the DMJM estimates for completeness and accuracy, and rm ck an estimate of the
true total cost of the two sites, including the cost of providing lacement parkland
pursuant to General Plan Policy R -2.2, and have this brought ba at the August 14
Council meeting.
In response to Council Member Daigle's questionFAssidtant City Manager Vl o and City
Attorney Clauson indicated that the distinct n bet en parkland and open space is not
fully defined in the General Plan. City Att ney C�son indicated that it is up to Council
to make the interpretation of what parkl "s i e context of Newport Center Park.
Council Member Curry believed that City Ha d 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 capabili 'r he building could be built faster,
and there is no need to repl arkland pursuant oLGeneral Plan Policy R -2.2. He
discussed how the new residen e t Center will b ying for the park and that a
park should be provided to the He too h the ' ° iative, believing that it isn't
really about building a park and t t it only s s' % the City Hall will only take up 2.8
acres when the DMJM report me jons 3.7 cres. He expressed concern about the water
issues, cost of a special election, a th eed for a Greenlight election, and questioned
what would occu one passed an- other didn't pass. He referenced General Plan
Policy R -1.9 in o Newport Cent ark is supposed to be developed as a passive park.
Barry Alle ' expres ed concern abo the water problem on the park site and the
possibili P of mold roblems in the ne City Hall. He pointed out that the four acres of
parklan of be .e 1 c. d in 12 di ff nt locations. He recommended that Council seek
legal advice a oted to make Newport Center Park a park, named
the park, and c E t a park in the General Plan.
arcia q y exp d her support for building City Hall on the park site and
converting curren Hall into a park. She believed that the OCTA site limits
access and vi 'lity.
Dick Nichols ered suggestions on how the water issues on the park site could be
resolved. He lieved that City Hall should be built near the library and that there is
nothing that r uires the City to replace the land.
Mouls stated that the residents still want the park and that this determination
sho not a made on the basis of a cost comparison.
Don Vipti 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.pa-rksarepriceless.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 suns pumps, only the
Land Use Element was approved by the voters, the election would be ;'nsolidated with the
Presidential Primary election and wouldn't cost $100,000, the 199 Planned Community
Text calls for a four acre park, and construction on the OCT site would take longer
because the OCTA facility would need to be built first. _
Wendy Brooks expressed support for building City Hall qffthepWA site, noting that the
park would still be ten acres and there would be additio_ parking } e library.
Bernie Svalstad believed that City Hall would bl it the views of those'% he park and
from people driving down MacArthur Boulevar He dded that the peti would be
found illegal and hoped that the City would no ut tkgeasure on the ballot
Bill Picker believed that having City on t
library, be easier to build, and there wou at
built above the storm drains. He noted that ik
views. He provided a handout and read a porn
areas and the distribution of parks within the Cit
Improvement Plan doesn't hay a Newport Center
2018. He stated that he tried
been turned down.
Debbie Allen indicated that she a:
the park plan, but he never called.
Hugh Logan exp
Pilot that the
Lucille K n e
what is t for t
Jan Vanders
mor kland
P
" the
1991 LibrLL E:
Council to c sii
site, instead o
support for
had nothing
I support for
and provide a
leaders
irk would create synergy with the
r problems since City Hall would be
ng will not block Harbor View Hill's
the General Plan related to service
He pointed out that the Capital
scheduled to be improved until
wh ;pose the park plan, but have
Mr. F' ter to cot�ttaWct her if he was going to pursue
otion and believed that Mr. Ficker told the Daily
ilo with the park.
motion and believed that Council needs to do
center and extra parking for the library.
issue` ffiV $%iMRe of City Hall as been expanded and would take up
noted that a City Hall on the park would take up the most view from
the parkland would need to be replaced, and the 1992 CIOSA and
ha greement designated the site as open space. He encouraged
r the A site, 500 'block of Newport Center, and the Police Station
park sit .
Ed Stevens ex p essed support for building on the OCTA site and questioned why City Hall
isn't built on t back end of the site so the City doesn't have to replace the OCTA facility.
vell Hend 'ckson stated that the City Hall Site Review Committee already reviewed
t CTA d Police Station sites. She believed that the CIOSA agreement has not been
stric 11 ed and pointed out that an initiative is only supposed to have one item on it.
She be ed 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 231
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; - e park parcel has
less constraints due to its geometry; both the City Hall and library uld use the garage
parking; and the City Hall can be moved over in order to provide ore park acreage. Mr.
Palacios reported that the plaza would be at 152' and the par s at 183' elevation, and
concurred that there are places in the park in which the view" ould be the same with or
without a City Hall building. He indicated that it may be si hat some of the homes
above will see buses/bus shelters and hear more bus ' ise if t CTA facility were
relocated further south.
Council Member Gardner expressed hope that thepark will have a deco used granite
(DG) trail Any IqL
Mayor Rosansky believed that Newport 1hundre er Pak is similar to Castaways Park and
may not be well used. He asked if the do as en asked if he'd use the money towards
a park next to City Hall. He noted that A site is a half mile from the library site
and that locating City Hall there will na synergy. He took issue that people are
saying this is Mr. Ficker's request when eople have signed the petition. He
expressed support for designing the build blend ith the topography.
Mayor Pro Tem Selich stated f"
since the library and City Hall �uldn't
Center Park service area is larg than
parkland, and the Newport Cent Park
added that he has read and studie�d, eve
Council, but he disc ees with his poY a,
Council Mem C noted that the ac
$100,000 election co t is the amount '
Council umber whi requested that Mr
't believe ther synergy on the Library site
e c ther. indicated that the Newport
it the OCTA site is not quality
d get mor use than Castaways Park. He
piece of paper that Mr. Ficker presented to
es plan never had an approved schedule, the
it to the February primary, and he was the
ar's plan be reviewed last summer.
Council Me er D igle e�ntpl ai}f at Council needs to reach a consensus on where to
place City H d also needs to re eree the utilization of land. She asked if there has
b scussi a out relocating the park.
Council MA r He eved that commitments to make the site a park have been
made, the O site is kable, there is no synergy between the library and City Hall;
and his decisio ' is not poli ically motivated. He stated that he will remain flexible as long
as there is the ppssibility of a good site in Newport Center that doesn't destroy a park
Council MembA Webb noted that, if the City kept its promises with the State, there would
Ve�ee s running through it. He expressed the opin ion that the OCTA sit is not of nd believed that the site north oSan Miguel does have simarites to the
mphasized that the City all park plan and the Newport Center Park plan d to create the same amot of usable area. He believed that the park and work very well together and that the plans can be changed to treat 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 co�d2rn about negotiating
with TIC since they want the City to lease land when the City shod own the land.
The substitute motion failed by the following roll call vote:
Ayes: Mayor Rosansky, Council Member Webb, Council ' mber Da
Noes: Council Member Henn, Council Member Cu Mayor Pro Selich, Council
Member Gardner
The motion carried by the following roll call vo
Ayes: Council Member Henn, Council ;ber ry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Gardnex
Noes: Council Member Webb, Council Memb 'gle
Mayor Rosansky indicated that he voted for the or naI motion because it is important to
keep dialogue open with TIC and the OCTA, but he fa the park site.
Mayor Rosansky recessed t e . -ng at 11:20 p.m reconvened the meeting
at 11:35 p.m
Uotfon by Mayor Rosanskv to continue ' ussing the emaining items on the agenda.
The motion carried by the following II tail vote:
Ayes: Coun ' e er Curry, Ma Pro Tem Selich, Mayor Rosansky, Council Member
Da` e, Cou �cil Member Gar
Noes: ncil Member Webb
Absent: cil M her Henn
21. NEWPORT ER PARK CO PT PLAN. [100 -2007]
_ . Coun Member Webb to continue the item to the September 11, 2007
meeting s' ounc- of have enough time to review the information.
The motion di for lack o second.
Public Works ector Badum utilized a PowerPoint presentation to discuss Phase 1 and
highlighted t grading and estimated costs. He pointed out that the restroom and
arking hav been depressed so they aren't seen from MacArthur Boulevard. He
firmed th a decomposed granite (DG) surface can be used and that it is proposed that
1 rkin paces will be available above the library, mainly for library employees and
even ow. He noted that the plans were put together based on Council input and has
not be reviewed by other departments. He reported that the pathway to the
amphit eater 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 the 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 designin�'ase 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 are,�"-as it currently is.
Amended motion by Moor Pro,_Tgm Selich to
Park Phase 1 concept plan, direct staff to negotiate a
Hall & Foreman for the design of the Newport C
remainder of the park being Phase 2, use the fuYO d
project to do the remainder of the park, move the park so it is ready to proceed once funding
increase the turf area if feasible.
In response to Barry Allen's questions,
done in phases, the excavated dirt will no Q
Mr. Allen requested that the project not be
out of the park fund to build a parking lot for
Debbie Stevens expressed suppot for the motion.
Jan Vandersloot expressed sup iit
leaving the natural habitat as it ur
and believed that the parking lo' d
Farallon.
Mayor Rosansky icated that he
needs to spen o �Py on active pa
spending in ey wh n this site could
design ele ents co 'd be incorporatf
Webb e " I ssed co tern about spent
difference b een t
supporting th ` , ion.
rov Eh"' evised Newport Center
,f siona� vices agreement with
;r Park ino phases with the
the Santa B i%r j, Condominium
with Phased, d the rest of
ad, and include the = %,trail and
risky explained that, if the project is
placed on the turf to raise it 12 feet.
phases and that money not be taken
apt plan,"Weasing the turf area, and
% ssed concern for the view planes
to b big since there is parking on
not be supporting the motion because the City
not passive parks. He expressed concern about
the subject of a vote; and noted that all of these
n a park next to a City Hall. Council Member
} money on this site, in light of the $10 million
TA site, and indicated that he also will not be
motidNrier
by the following roll call vote:
Ayes. Councr _ emn, Council Member Curry, Mayor Pro Tern Selich, Council
Member ard
Noes: Mayor R ansky, Council Member Webb, Council Member Daigle
RRENT BUSINE
22. ESIGNATI. N OF VOTING DELEGATES FOR 2007 LEAGUE ANNUAL
G"O FERE SCE - SEPTEMBER 5 - 8, 2007 IN SACRAMENTO. (100 -20071
Motio Council Member Webb to designate Council Member Daigle as the City's
Voting elegate for the Conference.
The motion carried by the following roll call vote:
Volume 58 - 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, 2#b7, in memory of
retired Senior Public Works Inspector Rob Master.
The agenda for the Regular Meeting was posted on July 19, 2007, at 12:30 p.m. on the
City Hall Bulletin Board located outside of the City of New o' Beach Administration
Building The supplemental agenda for the Regular Mee 'g osted on July 20,
2007, at 1:45 p.m. on the City Hall Bulletin Board located tside of City of Newport
Volume 58 - Page 235