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HomeMy WebLinkAbout01 - Minutes - 02-27-2007Agenda Report No. 1 March 13, 2007 CITY OF NEWPORT BEACH City Council Minutes Study Session February 27, 2007 — 4:00 p.m CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT In response to a question by Council Member ( businesses (Item No. 3), Mayor Rosansky stated anyone paying the licensing fee without chect Gardner expressed concern that this would ins where a conflict between State and Federal laws In response to a question by Council Member Daigle `dI Company has expressed concerns regarding water qual City's $100,000 yearly funding obligaland also the the City send the letter. In response to a question by Council Mem r C amendment (Item No. 1gkA#*tant City ger We unfinished work r with no change in study, but ig`t Assuance of licenses to illegal and v that licenses are issued to of the %siness. Council Member ban, and i ze is.,. at least one area No. S25, she was advised The Irvine iuncil Member Daigle questioned the ttee's perspective on recommending * to the ROMA Design Group contract ated the consultant will be performing simply extends the term of the contract At the request of City IVIagei�(l � au HumaResources Director Ramsey advised an e-mail had been receive from a ioi redi'cing the premium for Excess Workers Compensation (Item No l t`' 730. greque8t4touncil authorize the expenditure up to the maximum amoupetipulated in ' . agenda report. On Item No. 19, Mr. Zahoryin was, also able to negotiate ano,W ecrease of X23! Council Meer Henn su sted that, prior to the next insurance renewal cycle, staff perform a survey of co ble cities�ertaining to coverage, deductibles, and best practices, and that this be presented in su ry fort for consideration. 2. PARKING IN -LIE E [1001207]. Program Manager Daniel Trimble provided a brief report on the current parking -in -lieu and proposed parking -in -lieu fee programs, and requested Council's direction on the proposed program. In response to a question by Council Member Gardner, Mr. Trimble stated this program would apply to sober living facilities if classified as a commercial establishment. In response to a question by Council Member Webb, Assistant City Manager Wood stated this particular item was not reviewed by the Economic Development Committee. However, the Draft Strategic Plan for Fiscal and Economic Sustainability (Item No. SS3) was reviewed and supported by the Committee, and it includes the establishment of the parking -in -lieu fee program as an Volume 58 - Page 50 City of Newport Beach Study Session Minutes February 27, 2007 objective. Council Member Webb stated that essentially this program may only be useful on the Balboa Peninsula and the McFadden Square area of Corona Del Mar, as other areas in the city have large enough lots to provide parking. Assistant City Manager Wood stated that Council Member Webb's point may be that both parking meter and in -lieu parking revenues have not resulted in significant amounts of money to be able to resolve the parking issues, which can be attributed to the $150 annual fee being minimal and not covering the cost of providing the space, and there being two neighborhood enhancement zones on the peninsula where 50% of the annual revenue is not earmarked%r'the parking fund, but rather used for other types of public improvements within the zones. Council Member Henn expressed concern with the inconsequential amount of revenue. The proposed pr and could severely impact redevelopment and devel $80,000 - per -space cost may result in additional waive revenue. This is a very complicated problem that° " m parking is viewed. He expressed reluctance to p Economic Development Committee and also from the urnt pi'o ram which has generated an rafii may 01441generate very limited funds %t of areas wh- ;,it is sorely needed. The being granted, W, 5h, would also net little rtwined with the zoning _ordinance and how at time and requested input from the Council Member Curry concurred witf tgoncerns expressej ouncil Member Henn. He stated the program could have value to the City;Vrrwexer he requested iitl o treach program with the stake holders in the most impacted areas, the restarg6ant associate whamber of Commerce, and the Economic Development Committee, and arty others,haxing anAnterest. In addition, he requested comparative data of surrounding cities to ensuregne'quity' — Council Member Hen" state&l t he won]& also like all or almost all of the parking revenue generated used to im-ifit parkirY n that partidular area Mayor Rosansky stated }' t Il 1'gitimate program, but the proposed increase is substantial 8m >'�tirll most 1T ' generate_ laints. As the City has not kept up with increasing these fee4 m the paa „sugg that, if Council proceeds with the program, annual increases be tied tq'fSe Consumer Prig kZndex, ' ction cost index, or something similar, so that fees are not haph” ly increased. [_suggethat maybe the City needs to be looking at solving the problem 15pproving prof and then using collected fees to pay down or service the debt. If the z program dce 'yzgt generate`34fi"icient revenue to address the parking issue, the City may want to do away with tlxfrogram Veople should provide their own parking or pay to use it, which would generate sufficientp�1, kenueft address the issue. In response to a questtf n by Council Member Daigle, City Manager Bladau stated that no progress has been made on building a parking garage on the peninsula. Council Member Henn concurred with comments made by Mayor Rosansky to build parking facilities and then charge to use them. Mayor Rosansky stated the demand is there to provide parking facilities. Council Member Gardner stated there could also be problems for potential small business owners when the land changes hands and the new owners are subject to paying for parking that was previously gratis. Assistant City Manager Wood stated the idea is that this program would provide an alternative. Volume 58 - Page 51 City of Newport Beach Study Session Minutes February 27, 2007 Another thing to consider is that staff is not presenting this as an all -or- nothing proposal, and Council could elect to establish an in -lieu percentage fee of the cost to develop the parking and charge the user. Mayor Rosansky stated that another option is to increase the meter rates to generate additional funds. Pertaining to Council Member Daigle's question regarding the parking garage on the peninsula, City Manager Bludau stated the property owner recently asked whether Council is interested in pursuing the parking garage. Mayor Rosansky suggested that he present a proposal to the City. Mayor Rosansky stated the City of Huntington Beach had`z a similar situation and made an investment to provide parking, and the area is flourishing ilii' though Huntington Beach used redevelopment monies, there are alternatives to generatin evenua , address the issue. A Assistant City Manager Wood indicated that it appe ncil's desirrto put as many resources into parking as possible and questioned wheth '9, Council 8 er the neighborhood enhancement zones, which take half of th ya�rking avenue to be ud; -for other public improvements in those zones. ao t Mayor Rosansky stated that it may be time to revie,; being spent where needed. He ex�sp�Isye�d support Development Committee and the BusinQ,S �}uprOvemei Council Member Webb stated that it n no vacant parcels where the parking is Mayor Rosansky business venture Council Member Henn sC rate parking -J'g., i�this Mayor Jtbsansky sugge COniffi We to discuss tong t Council Me_z_ Gardner Business Imi) ent Di: rt for p parking. priorities to ensure the money is ag the matter to the Economic to _solicit input. of some properties, as there are owners approaching the City with a the Planning Commission's input on the market land use. iaCl' f,, llow -up meeting be held with the Economic Development and - icit community input. ,d that she will bring the matter up at the next Corona del Mar meeting. Mr. Trimble asked =ffi Council direction on what should be done with the existing businesses currently paying then -heu fee. Assistant City Manager Wood stated that staff will have to determine how the fes were imposed for those properties and explore options. Mayor Rosansky asked staff to return with an analysis of the fees paid by the current payees and the method of imposition. 3. DRAFT STRATEGIC PLAN FOR FISCAL AND ECONOMIC SUSTAINABILITY 110012071. Assistant City Manager Wood provided a brief report on the draft plan and requested Council feedback on the goals and objectives. She stated that one of the main questions is how active the City should be in business recruitment and outreach to attract new businesses to the city. This would require additional resources to track vacancies, site availability, and to work with property Volume 58 - Page 52 City of Newport Beach Study Session Minutes February 27, 2007 and business owners. However, due to the low vacancy rate, this may not be appropriate for the City to undertake. Council Member Gardner stated the plan does a wonderful job of utilizing the General Plan and its vision. She expressed support for business outreach to attract desirable businesses. Council Member Henn stated they were looking for the plan to be concise and also actionable. The idea is to establish target dates for implementation and determine whether they are on track with Council's objectives, and then ensure that staff time is directed to meeting these priorities. Council Member Curry stated it is an excellent document economic vitality of the city. He stated cities should be involv however, does not believe a lot of staff time needs to be coi conditions change. The City should maintain a standing of barn Council Member Daigle stated she particularly likes goals and this is a resource that needs more investment. Mayor Rosansky stated that Newport Beach i rate. Council needs to be supportive of large -poa City. The most important thing is to create a business in a business -like manner. reprint for maintaining the ratting desirable businesses, unless underlying economic less- friendly place. to the lower bay, as as eviden d; by the low vacancy and this A uld be a goal of the ment that-is conducive to doing In response to questions by Mayor Rosan;sz' " sistant City ag Wood stated that the hiring of additional staff would not be required. Hp r . r additional f g would be needed to retain the services of a consultant for business recruitment: oF At the request of Mayor y, Assistantty Manager Wood described the process staff takes 11 when approached by mpailpj21 siring to do usiness in the city. City Manager Bludau the are no set guidblines as to how to proceed with an inquiry, but all inquiries are handled wit ,, f " -m� ancLstaff is willing to meet with interested parties. Council Weinber D Mated "f are existing businesses that are strong sales tax generators and are bu�7t -in opportumor gr Same of the City's priorities should be to continue working with tl_ businesses an % nablin em to expand. She expressed concern that if a wider net is cast, the' on these bua sses will be lost. In response td% uestion Council Member Daigle, City Manager Bludau stated that the car dealership intere` , in tb Caltrans property hired a private firm to check on the property. Public Works Director Ba` a' "Odded that Fletcher Jones is still interested in the property, but special legislation may be rewired to acquire the property, as the mechanisms in place did not allow the City to acquire the property. It is also his understanding that the private firm has also exhausted its ability to negotiate acquisition of the property. In response to questions by Council Member Webb, Assistant City Manager Wood explained the review process and intent of the Development Review Committee, and stated that the Economic Development Committee is looking for feedback on the goals and objectives, and then, if determined feasible, staff and the Committee would meet again to discuss Council's priorities and determine implementation dates. Council Member Henn stated the intent is to determine if there are any new objectives or if any revisions are necessary to the stated objectives, and then return the item to the Committee who will Volume 58 - Page 53 City of Newport Beach Study Session Minutes February 27, 2007 work with staff to determine implementation dates. The item would then be brought back to Council with any cost estimates. Council Member Gardner stated that larger businesses know the process to follow to approach cities, but it may be desirable for the City to establish a process to respond to inquiries from small business owners. Council Member Daigle stated that, in terms of retail, she would like staff to actively work to enhance revenues of existing businesses. Assistant City Manager Wood added that the background document is a longer summary of the findings of the ecom process, and staff felt it important to include it in this typ felt very strongly that it was too much information and tha other documents should be used. .. Council Member Webb felt the document would mom hl Mayor Rosansky expressed support for the Cod4,In ���°° VT��r:.t Council Member Webb stated the document can be amd working. At this point, he does not fedWialified to add Council Member Henn added that it is a docu�ahe 1 PUBLIC.CO.MMENTS - None ADJOURNMENT - 5:10 City Clerk included at the back of the A studies and the visioning t. However, the Committee troduction and references to read in as needed depending on how the plan is ;late goals or objectives. Recording Secretary Mayor Volume 58 - Page 54 review annually. CITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 27, 2007 — 7:00 p.nL STUDY _SESSION - 4:00 p.m CLOSED. SESSION -5:10 p.m A. RECESSED._AND RE.C_ONVENED.AT 7:00. P.M. FOR REGULAR LAR MEETING B. ROLL CALL Present: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner C. CLOSED - SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Curry E. INVOCATION. - Reverend Robert Jordan, Ross, Newport Universalist Society F. PRESENTATIONS French Exchange Students Introduction - Marie Atkins, Sister City organization, introduced the students from Antibes and their sponsor. The local students introduced their French student counterparts. '.. Presentation to Council Member Henn by Jeffrey Cole - Jeff Cole, Chairman of the Planning Commission :recognized Michael Henn for his service on the Planning Commission. Presentation from the Chamber and the Conference and Visitors Bureau on the Christmas Boat Parade - Richard Luehrs, Chamber of Commerce, gave a presentation on the Newport Beach Boat Parade, hosted with the Conference and Visitors Bureau. Gary Sherwin, President, Conference and Visitors Bureau, spoke about partnerships with the Chamber of Commerce and recognized Jessica Roswell, PR and Marketing Manager, for getting news releases and video clips out to the public. He announced that Newport Beach would be the official home of the Centennial of the birth of John Wayne. G. NOTICE TO THE PUBLIC H. CITY COUNCIL_ ANNOUNCEMENTS OR MATTERS WHICH COUNCIL - -- MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT N( ON- DISCUSSION_I.TEM): Council Member Gardner asked staff to come back with a cost analysis of preparing an energy audit on city facilities using staff or outside consultants. Council Member Daigle announced opening day for Little League on Saturday, March 3rd at the Bonita Canyon Sports Park for over 1200 youth. The Corona del Mar Community Aquatics Facility Foundation will host a fundraiser for the pool on May 12th at the Pacific Club. Volume 58 - Page 55 City of Newport Beach City Council Minutes February 27, 2007 Council Member Curry asked staff to come back with reports on financing and options for the OCTA site and the police station site for a potential City Hall location; a report on the landscaping history and options that relate to the Back Bay View park; and, a report on the status of the stolen bleachers at the Bonita Canyon Sports Park, Mayor Rosansky thanked Speak Up Newport for hosting the Mayors Dinner. On March 24th the Council will hold a retreat in the Friends Room at the Main Library, which will be open to the public. The forum will provide an opportunity for the Council to discuss its priorities for the upcoming year. He reported on the Town Hall meeting hosted by Senator Harman on Thursday, February 22nd at the Central Library to discuss Sober Living and Group Residential Treatment Facility homes. He reported that on Friday, March 2nd the City will host a "Sober Living Conference." I. CONSENT CALENDAR READING MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF FEBRUARY 13, 2007. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE.FOR INTRODUCTION 3.. AMENDMENT TO CHAPTER 1.01. OF THE NBMC TO ADD SECTION 1.01.090 PROHIBITING THE ISSUANCE OF BUSINESS LICENSES, PERMITS AND THE GRANTING OF DISCRETIONARY APPROVALS FOR UNLAWFUL USES [100 - 20071. Introduce Ordinance No. 2007 -4 and pass to second reading on March 13, 2007, ORDINANCE FOR ADOPTION 4. O;DINANCE ESTABLISHING DESIGN CRITERIA FOR SINGLE AND TWO UNIT DEVELOPMENT [100 - 20071. Adopt Ordinance No. 2007 -3. 7. IN- PAVEMENT LIGHTED CROSSWALK AT PACIFIC COAST HIGHWAY AND ORCHID '= COMPLETION AND ACCEPTANCE OF CONTRACT C- 3831)[38/100- 20071. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of '..,,Completion has been recorded in accordance with applicable portions of the Civil Code; and Q release the Faithful Performance Bond one year after Council acceptance. CONTRACTS AND AGREEMENTS 8. CONTRACT WITH LINNERT BUILDERS TO COMPLETE THE MARINERS PARK PLAYGROUND AND SURFACING PROJECT (C -3916) 1381100-20071. Approve contract with Linnert Builders. 9. ACCEPTANCE OF URBAN AREAS SECURITY INITIATIVE (UASI) GRANT TRANSFER AGREEMENT [100 - 20071. 1) Accept UASI Grant transfer agreement training funds in the amount of $48,666 and a supplement approval of $5,335 for a total of $54,001 to be utilized for reimbursement training costs associated with approved Department of Homeland Security (DHS) courses for emergency personnel; 2) authorize the Fire Chief as the designee to sign the FY06 Transfer Agreement contract; and 3) approve a Volume 58 - Page 56 City of Newport Beach City Council Minutes February 27, 2007 budget amendment (07BA -049) increasing revenue estimates by $54,001 in 1820- 48661, UASI Grant, and increasing expenditure appropriations by $54,001 in 7014- C1820973. 10. LITTLE CORONA OFFSHORE STUDY - AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS (C -3870) [381100- 20071. 1) Approve Amendment No. 2 to the Professional Services Agreement with Weston Solutions of Carlsbad to install current velocity detectors and collect sediment samples to support verification of computer modeling of contaminant loads from Newport Harbor to the Areas of Special Biological Significances along Newport Coast at a not to exceed price of $39,942 and authorize the Mayor and City Clerk to execute the agreement; and 2) approve a budget amendment (07BA -048) transferring $30,000 from Account 7231 - C2370902 Tide and Submerged Lands (originally appropriated for an eelgrass study) to Account 7231- C5100889 Tide and Submerged Lands:. 11. CORONA DEL MAR STATE BEACH IMPROVEMENTS - COMPLETION AND ACCEPTANCE OF CONTRACT (C -3461) [381100- 20071. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and ;4) release the Faithful Performance Bond one (1) year after Council acceptance. 12. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ROMA DESIGN GROUP (C -3770) [381100-20071. Approve and authorize the Mayor and City Clerk to execute the amendmeot.to the agreement. 13. APPROVAL OF A PROFESSIONAL - :.SERVICES AGREEMENT WITH RICHARD EDMONSTON FOR PROJECT MANAGEMENT SERVICES (C -3918) [381100- 20071. 1) Approve a Professional :,Services Agreement with Richard Edmonston for project management at a not to exceed'price of $32,000 and authorize the Mayor and the City Clerk to execute the Agreement; arid, 2) approve a budget amendment (07BA -051) transferring $20,000 from salary savings in the Transportation and Development Services Division (5200 -7000) and transfer the fuiSds to Transportation and Development Services Division Services Professional and Technical Account 5200 -8080. MISCELLAN_E_¢US 14. BUDGET:*; AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES [100 - 20071. Approve a budget amendment (07BA -047) to increase expenditure appropriations by $12,273 in Division 4060, Literacy, and to increase revenue estimates for the same amount in Account No. 4010 -4832, California Library Literacy Services. 15. ACCEPT' EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) [I00- 20071. -' 1) Accept the 2005 EMPG reimbursement grant for $5,985 in funding for maintaining the City's, emergency management program; and 2) approve a budget amendment (07BA -050) increasing revenue estimates by $5,985 in 2355 -4894 and appropriating those funds into Fire Department account 2355 -8105. 16. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE TO FILL VACANCY [100 - 20071. Confirm the appointment of John Hyatt as the representative from the Newport Beach Association of Realtors. 17. EXCESS WORKERS COMPENSATION (WC) INSURANCE RENEWAL [100 - 20071. Approve the renewal of the excess workers compensation coverage for a twelve month policy Volume 58 - Page 57 City of Newport Beach City Council Minutes February 27, 2007 with a self - insured retention (SIR) of $1 million with statutory coverage limits and the premium reported in the staff report adjusted from $413,210 to $377,730. 18. PROPERTY INSURANCE PROGRAM RENEWAL [100 - 20071. Approve the renewal of the property insurance program with a total premium of $762,108 for a total insured value of $110,852.651. 19. EXCESS GENERAL LIABILITY INSURANCE AND FIDUCIARY LIABILITY INSURANCE RENEWALS 1100 - 20071. Approve the renewal of the excess general liability insurance coverage for a twelve month policy with The Insurance Company of the State of Pennsylvania (an AIG Company) and Lexington Insurance for up to a maximum of $675,781 in premium and $28,120 in premium for fiduciary liability with RLI Insurance. S24. LEGISLATIVE ADVOCACY CONTRACT "`j100 =20071. Authorize the City Manager to execute a Professional Services Agreement with Emannels Jones & Associates for legislative advocacy services based on the Scope of Services and' Fee Schedule for the period of February 1, 2007 through January 31, 2010 in the amount'6f,$4,000 per month for Year 1 and $4,250 per month for Years 2 and 3. S25. SUPPORT FOR THE REGIONAL BOARD'S PROPOSED ADOPTION OF THE ORGANOCHLORINE TMDL [100 - 20071. Authorize the Mayor to sign the attached letter in support of the California Regional Water Quality Control Board's pending adoption of a Total Maximum Daily Load (TMDL) for Organochlorine Compounds ( "OC "). Motion b_v Mayor Pro. Tern Selich to.approve the Consent Calendar, except for those items removed (5 and 6 and noting Council Member Webb's recusal on Item No. 8, and the corrections to Items 17 and 19). The motion carried by the following roll ;call vote: Ayes: Council Member Henn, Council 'Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner J. ITEMS'REMQVED FROM THE CONSENT_ CALENDAR 5. RESOLUTION RELATING TO THE CITY'S 2007 AND 2008 LEGISLATIVE PLATFORM [100 - 20071. Council Member Webb explained that staff and committee members reviewed the document and submitted their changes for consideration. Council Member Gardner opposed Surface Transportation item (d) because the completion of the Foothill East Transportation Corridor would take state parkland and it also contained a provision that if the toll road were built no improvements could be made to Interstate 5. The Governor opposes the project, the Attorney General has filed suit against the project, and other cities have passed resolutions opposing it. She said she also opposes Item (e), however she is not sure whether support was being offered for airport diversion traffic reasons. Council Member Webb said he was aware that many people.objected to the particular roadway, however, the more congestion on the highways the more difficult it is to move within the community. The parkland is leased from the government, is only slightly used and is no longer of great concern. Since it is controversial, he recommended removing the item and bringing it back for further discussion to include a presentation by the TCA. As far as Item (e), he was concerned about getting airport passengers out of the county and if the corridor was closed it would push the expansion of John Wayne Airport. Council Member Gardner said she might agree with statements regarding Item (d) as long as Council was able to have a presentation by the TCA. She also wanted a presentation for Item (e), that focused on why it was needed. Volume 58 - Page 58 City of Newport Beach City Council Minutes February 27, 2007 Council Member Curry asked what staff was trying to accomplish with Fiscal Stability Item (c). Assistant City Manager Kiff responded that because the matter was brought up by a couple of residents and introduced by the Governor it spurred him to think that the City should be prepared to take a position for or against provided it assisted the City in terms of coverage of its employees. Nancy Skinner supported Council Member Gardner's comments and felt the City should not take a position for or against the resolution. Motion by_ Council. Member. Henn to adopt Resolution No. 2007 -11 adopting a Legislative Platform, as amended, for the 2007 -08 Legislative Session and authorizing the Mayor to issue statements and letters consistent with the Platform. The motion carried by the following roll call, vote: Ayes: Council Member Henn, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Abstain: Council Member Curry 6. COMMERCIAL SOLID WASTE COLLECTION: RESOLUTION EXPRESSING THE CITY'S INTENT TO GRANT NON - EXCLUSIVE SOLID WASTE COMMERCIAL FRANCHISES TO FRANCHISEES 1421100- 20071. Council Member Daigle asked for the status of the bins for Newport Coast and City Manager Bludau responded that bins will be freed up by July I" and there would be open bidding for which hauler would get the bins. Council Member Daigle asked if staff would be looking at the issue of non - exclusive contracts for City haulers and City Manager Bludau responded that staff would present the information during a study session in two weeks. Motion__by__Council._ Member ... Webb to adopt Resolution of Intention No. 2007 -12 expressing the city's intent to award Franchises and enter into franchise agreements with those Commercial Solid Waste Coipanies listed in Exhibit A of the staff report and setting the matter for a public hearing on March 13, 2007. The motion.carried by the following roll call vote: Ayes Council Member. Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner K. PUBLIC, HEARING 20. VACATION OF A SEWER EASEMENT AT 721 AND 725 ST. JAMES ROAD 190/100 - 20071 t' Mayor Rosansky opened the public hearing. Public Works Director Badum noted that this item presents an opportunity through the redevelopment process for the City to vacate a sewer line that is difficult to access and that bisects the property. Hearing no testimony, Mayor Rosansky closed the public hearing. Motion by__Council Member Webb to adopt Resolution No. 2007 -13 ordering the vacation of a 10 -foot wide sewer easement at 721 and 725 St. James Road as described in Exhibit "A" and depicted in Exhibit "B" of the staff report; 3) direct staff, to process the vacation; and 4) Volume 58 -Page 59 City of Newport Beach City Council Minutes February 27, 2007 direct the City Clerk to record the Resolution with the Orange County Recorder. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tern Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner L. PUBLIC COMMENTS Charles Griffin proposed that the property located at the northeast corner of Campus and Bristol North would be a suitable location for City Hall and that the property could probably be acquired through eminent domain. O. CONTINUED BUSINESS_ 23. COUNCIL CONSIDERATION OF WHETHER TO` INITIATE THE PROCESS TO DEVELOP PHASE 1 OF NEWPORT CENTER PARK [100- 2007]. Mayor Rosansky explained the procedures that would be followedlfor this agenda item. City Attorney Aaron Harp responded to Bernie Svalstad's point of order concern and Council Member Webb's response that discussion about where City Hall should be located was not the focus of tonight's discussion. City Manager Bludau stated that the issue regarding tonight's public hearing item is whether the City Council should proceed with the design and eventual construction of the Newport Center Park Phase I or, whether:: Council should maintain the Newport Center Park site as an option for a City Hall location until such time as Council makes a firm decision on a City Hall location. He provided a PowerPoint presentation in concert with staffs report that provided a detailed history of the park site planning and included maps, diagrams and a cost summary of the proposed project. Public Works,Director Badum spoke about how the concept and design has progressed and cfidnged over time and how the estimated cost has increased from $1.2 million about a year ago to over $3 million today. Mayor Rosansky recalled that the cost was $1.4 million at the time the donor brought forth his offer of $1.2 million to complete the park and that the City would contribute $200,000 toward completion. Council Member Daigle wanted to know if the donor requested additional improvements for the $600,000 donation, and if so, the value of the enhancements and how they have affected the overall budget. Public Works Director Badum moved forward with his presentation to show the costs of improvements and indicated that the original concept did not have a parking lot. The difference between the northern area and the revised design for the passive park account for the difference in estimated costs of enhancements. Public Works Director Badum confirmed to Council Member Daigle that the additional $600,000 donation is offset by the design enhancements. Mayor Pro Tem Selich said he was involved in proposing the enhancements as a direct result of input and that the donor was not entirely responsible for the enhancement cost increases. The original cost was not based on a set of plans. Mayor Rosansky stated that although the original estimate was not based on a set of plans Council took its action based on the original estimate. Volume 58 - Page 60 City of Newport Beach City Council Minutes February 27, 2007 Public Works Director Badum agreed with Council Member Webb that there could be a cost savings if the City were to move forward with the entire project rather than phasing the project and that the second phase would result in removal of a large amount of landscape material. In response to Mayor Rosansky, Public Works Director Badum responded that late last year and again at the February meeting Mayor Pro Tem Selich requested the proposal be brought back as a phased project. Mayor Pro Tem Selich explained that the details of the donation have not been worked out with the donor but believed that he expected his contribution would be based upon the completion of Phase I within a reasonable period of time. One of the action items on the agenda this evening is to consummate the agreement. Council Member Webb recalled that the agreement would allow naming rights so that the concept under the CIP budget was a $1.7 million contribution for a total project cost of $1.9 million with the City contributing about $200,000. According to current estimates the $600,000 additional contribution would require the City to contribute 85 percent. Mayor Pro Tem Selich concurred with Council Member Henn that the fundraising would not be limited and further stated that the idea for naming rights was to allow other major contributors to have naming rights as well, although he was not aware of any at this time. Recreation and Senior Services Director Morgan indicated to Mayor Rosansky that he had been with the City for four months and had visited about 40 of its 64 parks. Approximately two - thirds of the acreage is passive and the demand for park programs is very strong. The City is always trying to enlarge the inventory and there are other needs that could be met, especially for youth. The City owes approximately $3 million on Sunset Ridge Park. The potential development design consists of an overlay of two baseball fields and two soccer fields with estimated construction costs of $6 to $7 million, which is not currently budgeted for. He felt the athletic organizations would welcome a discussion about additional active park space. Recreation and Senior Services Director Morgan responded to Council Member Daigle that he would assume the General Plan was responsive to and in line with community needs and desires. Prior to tonight's meeting he reviewed the Recreation Element and felt it was very fair and he would keep the Sunset Ridge Park and Newport Center Park in the first priority positions because there are approximately 6000 kids that need to be accommodated during each season. He indicated that generally cities do not have enough park space. Assistant City Manager Wood reported that the current General Plan designation for the site is Open Space and would require a vote of the people to change the designation. She stated that the City's standard is to provide 5 acres of parks and open space for every 1000 residents. Currently there are 10.9 acres needed for Area 9 and there are currently 19 acres available. The West Newport area requires 64.7 acres and the active park acreage plus the beach area totals 43.1 acres, leaving a deficit of 21 acres, exclusive of Sunset Ridge Park. Library Director Katsouleas reported that the library parking problems are legendary and when the building was originally designed it was intended to be part of a complex that included a museum that would provide additional shared parking. Programs are limited due to lack of parking and they lose out on programs because of it. Volume 58 - Page 61 City of Newport Beach City Council Minutes February 27, 2007 Council Member Webb said he was concerned with whether the Council should look at funding a passive park outside of what was authorized in the CIP_ He displayed a photo array of the park inventory and pointed out the views from many of the existing parks. He felt that the City's money should not be used for passive parks when there was such a dire need for active parks and he could not support moving forward with a passive park north of the library. Council Member Gardner said this site was deeded in perpetuity as open space. Three different City Councils have turned away proposals for this site and she felt the City should stand by its promise to the residents. Bernie Svalstad supported the park because the public voted to approve the park and not the soccer field. His committee spent a lot of time fundraising and he felt that in spite of the fact that half of the value of the donation had been lost there would be sufficient donations to complete the project. Allan Beek said the site designated as open space would be a good place for a park and a very poor place for a city hall. Tom Collister urged Council to not approve the site for a park site because it is a high traffic area with safety concerns that would render it inconsistent with the surrounding commercial area. Larry Tucker said he is here to: promote good decision making and urged the Council to not make a decision tonight and further.-;explore finding the best possible location for city hall. He said he believed the Park Plus plan:wasinnovative. Tom Moulson felt the Council had amoral obligation to support recommendation #1. Shirley Conger supported a passive park above the library and believed the city hall should be developed nearby on a different site. BJ Johnson said that the Corona,. del Mar Residents Association voted in favor of the park Arid felt the City Council should move forward with Phase I tonight. She encouraged the City to place Council Member Webb's park presentation on Channel 3 to encourage park usage. Greg Sullivan supported a park and felt traffic generated by a City Hall on the site would promote safety concerns and result in additional taxes to the residents. Jim Robertson thanked Mayor Rosansky for his Park Plus Plan about the most logical site for:: city hall = and acknowledged that an earlier Council may have adversely acted to preclude city hall from this site. He urged Council to vote no and to consider other options for the site based'on`the best interest of the City and its residents. Ron Hendrickson felt the Council should postpone this decision and move forward to consider the site as the new city hall location. Barry Allen said that 61 individuals signed a petition this evening in favor of saving the park and felt the Council should move forward with Mayor Pro Tem Selich's proposal. Wendy Brooks felt the Park Plus proposal was the perfect solution for the site Don Udall supported the park and felt the City should keep its word. Norm Witt supported the Park Plus concept as a win -win solution and urged Council to take Volume 58 - Page 62 City of Newport Beach City Council Minutes February 27, 2007 no action on the park development tonight. Joe Garrett supported the park and supported the Park Plus program as a win -win solution that would provide a crown jewel-for the community. Scott Calder said he supported the Park Plus proposal and could not understand why when a better idea was presented the Council would not give it full consideration. Mary Barrett Blake asked Council Members to open their minds, listen to the residents and support the Park Plus Program because it would create An incredible community center site. Novelle Hendrickson supported the Park Plus program and took exception with portions of staffs report because there was never a public, hearing on the matter during regularly scheduled City Council meetings. Val Skoro encouraged approval of Phase I and pursuit of the OCTA as a site for city hall. Gladys Wolcott said this Council voted for a park and asked Council Members to keep their word and build the park. Debbie Stephens said this site has always been designated as a park site and the Council should move forward and build the park. Dick Marowitz offered his full support to the Park Plus program that he believed made fiscal sense. He urged the City, Council not to take a vote on this issue until full study of a city hall and park was completed. Hugh Logan urged the City Council to vote y'es,:on Phase I. Jack Croul felt the site was not suitable for a park but that it would work well for a city hall and the site could include a 9 -acre park. Dan Guggenheim supported the Park Plus proposal and encouraged everyone to consider thepossibility that the City could have both a new city hall and park because it would fulfill the needs of past and present Councils and provide value to all residents of Newport Beach. Craig Batley urged the Council to delay making a decision, study the matter and continue the debate. - Gene O'Rourke felt the issue before the City Council was that it should wait four months to make a decision about whether the site should include a city hall and park. Marcia Dossey supported the shared use plan proposed through the Park Plus program and asked the. City Council to vote no on tonight's proposal. Richard Cabin was opposed to considering a city hall on the site and urged Council to vote yes and proceed with Phase I. Larry Porter said the City Council should proceed with construction of the park. John Moftakhar felt a municipality should be flexible in its decision - making process and believed it would be cost prohibitive to hold a special election for a city hall at the site. Jo Vandervort encouraged the Council to delay its decision and not be pushed into making a decision at this time. Mike Johnson said he was in favor of moving the current city hall site and liked the concept Volume 58 - Page 63 City of Newport Beach City Council Minutes February 27, 2007 of efficiency of economies proposed via the Park Plus program John Heffernan said he was part of the Council who voted in 2005 to remove this site from consideration for City Hall and he now realizes he made the wrong decision. He spoke in support of a mixed -use option with the park and city hall at the location and urged the Council to study it further. Leonard Lane asked Council to keep its commitment and move forward with the park. James Turner supported the Park Plus program. Barbara Birney felt everyone could be satisfied with mixed -use of the site. Bob Shelton believed it was never a mistake to taketime to consider all options. The most important promise would be to withhold a vote until all sides were fully vetted and considered. Debra Allen said she supported speakers who asked the Council to keep their promise to build a park and the problem with a mixed -use proposal was that: the city hall would take a big chunk out of the middle of the grassy area. Dr. Jan Vandersloot, speaking on behalf of SPON, said this site was designated open space and limited to park use..and therefore the City Council should keep the public trust and develop the park. Dr. Jack Skinner believed that the proposed dual use has merit and should not be so quickly dismissed this evening. Helen McGruder said the City Council has a`' "duty to serve the entire community. The Council should take no action, until it commits to a final location for a city hall. Nancy Skinner said she would not support a plan to override a promised park unless a far superior plan were proposed and she would like the opportunity to review a full proposal for a;mixed -use on the site and urged Council to postpone its decision for four months. John Connelly felt it was reasonable, practical and responsible for the Council to consider all options and to do otherwise would not be in the best interest of the City and its residents. Christine Carr felt the Council should move forward with the park Steve Brahs member of the Site Selection Committee, said he felt there was no better site for a city hall and a vote for Phase I would prohibit further consideration of a city hall on the Tim Brawn said he strongly supported a passive park on the site and believed it was a clear recommendation of the Parks, Beaches & Recreation Commission. Bill Ficker presented 250 signatures in support of asking the City Council not to proceed with the park design and construction until the city hall issue is resolved. He indicated that his plan includes having a park and city hall on the site and an urban park on the current city hall site. Charles Griffin wanted the City Council to move forward with Phase I and said the obvious location for city hall was the airport industrial area. Laura McCant said a good architect could design the site to accommodate a city hall and a Volume 58 - Page 64 City of Newport Beach City Council Minutes February 27, 2007 park and that it was fiscally responsible to build a city hall at that location Mayor Pro Tem Selich said after listening carefully he came to the conclusion that the easy way was to continue the matter and the right way to handle this situation was to move forward with the park. He said one of his first tasks when he joined the City Council was to build this park and said there are plenty of options in Newport Center for City Hall. Motion. by.Mayor. Pro. Tem.Selich to direct staff to proceed with the preparation of plans and specifications for the bid package for Phase I of the Newport Center Park as follows: 1) approve construction of the park per the currently approved City Council concept plan, with the addition of the upper parking lot in phases with;the middle phase first; 2) acceptance of the $600,000 donation towards construction of the middle phase in exchange for naming rights for the entire park, with the provision that other naming opportunities will also be available; 3) conceptual approval to amend.the FY 2006.07 budget to increase the funding for the park from $200,000 to $400,000, subject to final construction bids; and 4) direct staff to complete the construction documents for the middle section phase as soon as possible and put them out to bid. Mayor Pro Tem Selich clarified that his motion did not include the consideration for a soccer field. Recreation and Senior .Services Director Morgan noted that neighborhood residents and library patrons would most :likely utilize the passive park and the amenities would dictate the types of uses. Mayor Rdsansky said he has not seen a conceptual plan, therefore it would be difficult to vote'bn the issue. Access would include a 234-foot switchback ramp that would climb 30 to 40 feet from the library to the top of the hill. Council Member Webb said that, so large area of manicured grass would require a great deal of maintenance. He asked if a soccer field was located in the area would there be more use and Recreation and Senior Services Director Morgan responded that there could be four teams at the same time during practice days and a soccer field would draw more individuals than a passive park use. Public Works Director Badum reminded Council that the conceptual enhanced plan was shown during staffs report and that about 70 percent of the plan was complete. Public Works Director Badum responded that the direction to staff was to include benches and not picnic tables, no lighting, more turf and parking spaces to accommodate the library. Public Works Director Badum explained that phasing was an idea that was brought up late 'in the game.and that there was no construction plans for phasing. In response to questions about redesigning the park, Mayor Pro Tem Selich said he believed the commitment the Council made previously was in accordance with the proposed conceptual plan. Council Member Webb said the reason the Council is taking time to consider this proposal is because this is a passive park that would require a substantial amount of money that could be used to construct active parks. He felt the Council should be very concerned about the cost benefit ratio of a passive use that is by definition not a destination park and for the Council to approve Phase I it might be wasting considerable capital. Substitute motion by Council Member Webb to take no action on park development until such time as the City Council commits to a final location for a new city hall. Volume 58 - Page 65 City of Newport Beach City Council Minutes February 27, 2007 Council Member Daigle said she recognized the passion and commitment by park proponents, however given the uncertainty about the cost and phasing as well as competing priorities, she recommended this matter be tabled until June when the Council could look at its budget for the ensuing year. Council Member Curry spoke in opposition to the substitute motion and said that during his campaign he clearly stated his position that he would support the park. He said he was disappointed with the leadership tonight because the community has been needlessly divided. It comes down to whether the Council wouldsupport the park and put the City Hall at another location. This is a matter of trust going back to 1990 and he is committed to having a park at this site. Council Member Henn said he read and considered every email and felt it was his mandate to consider all issues and input throughout the evening. He stated that it is too early to conclude what is the best location for City Hall since it is'a: complex issue that deserves a great deal of consideration. No matter where it goes the cosE'is likely to be $50 million or more. He rejected the notion that people who live near Newport Center Park are somehow acting in a selfish and narrow manner and their views are to be discounted and said that anyone who lives in or near any project that involves intensive land use are entitled to express their views. After viewing the parks with Council Member Webb it was clear that at least half were not often visited and "bang for the buck" is not the decision rule. He spoke of integrity and stated that the Council needs to act with integrity over time and the first point is that this site has been envisioned__as a passive park for 15 years or more. The second commitment is that the City just completed and endured a hard fought election and the voters approved a General Plan for the firstAime in 25 years. The General Plan included a vision for open space and parks and was a balanced plan that should only be changed for the highest standard. He indicated ''he would vote for the original motion and against the substitute motion. Mayor Rosansky explained that his questioning of staff was an attempt to elicit information thathas not been before the. public. Although he had previously voted to keep City Hall in its current location, after reviewing his actions he was willing to correct them if they were not appropriate at the time. The General Plan says that the City has a surplus of passive parks and if the Council is to consider its limited resources it should look at economies of scale. He spoke of the Council's fiscal responsibilities. He indicated that he is a proponent of parks and, a proponent of a park in this location and nothing has been said tonight about not building a park at this site. Thousands of residents use the Library on a regular basis and according to the director there is a huge need for additional parking. He reiterated who the,basic users of the park would be and noted that there is no direct connection between the proposed park and the library except a long upward winding ramp or staircase. In reference to the time it has taken to build this park, he noted that the land was dedicated in 1992 and if there was such a great need for this park it would have been built 10 years ago and people would not be asking to put City Hall, senior apartments, etc. on the land. Mayor Rosansky said he is Chairman of the Building Committee and the committee has looked at many sites and the bottom line is that none of those sites panned out. Referencing past promises and the commitment to keep them, he noted that on May 27, 2003 and again on February 8, 2005, the City Council voted 6 -1 to keep City Hall at its current location. He explained that the City Council is not keeping that promise because there is new information that has indicated there might be a better location for City Hall. He felt the only promise was that there would be nothing else on the site. The site review committee looked at more than 20 sites and most people feel that the site in question is the best site for City Hall. However, it is incumbent upon this Council to not move forward with funding of this park tonight when there is a clear need for use of these funds in other areas of the City. Volume 58 - Page 66 City of Newport Beach City Council Minutes February 27, 2007 Council Member Gardner took exception to Mayor Rosansky's characterization that a positive decision on this matter was "politically expedient." Council Member Daigle asked if any consideration would be given to changing the phasing so the parking lot would be built first. The substitute motion failed by the following roll call vote: Ayes: Mayor Rosansky, Council Member Webb, Council Member Daigle Noes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Council Member Gardner The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, ''Mayor Pro Tem Selich, Council Member Webb, Council Member Gardner Noes: Mayor Rosansky, Council Member Daigle The Council recessed the meeting at midnight and reconvened at 12:10 a.m. with all members present. K. PUBLIC HEARING 21. IN -LIEU PARK DEDICATION FEE ADJUSTMENT - APPRAISAL OF EASTBLUFF AND BOB HENRY PARK [100 - 2007]. Dr. Jan Vandersloot felt the City should get part; of the money from the park in -lieu fees and felt it was perfectly reasonable , for -the City to increase the fees paid by the homebuilders. Motion.by Council Member,'_yebb to continue this item. The motion carried by the following roll call vote: Ayes Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner M ;:ORAL REPORTS `FROM. CITY COUNCIL_ON „COMMITTEE ACTIVITIES -None N. PIANNING COMMISSION AGENDA AND ORAL STATUS REPORT 22. PLANNING COMM_I.S$ION AGENDA FOR_ FEBRUARY 22, 2007 [100 -2007] - No oral report provided. P. CURRENT BUSINESS S26. COMMUNITY PROGRAMMING EQUIPMENT; BUDGET AMENDMENT [100- 2007]. Assistant City Manager Kiff reported that this is a recommendation that the City invest in cameras and editing equipment to continue the City's programming efforts. Time- Warner has contributed $400,000; Cox $600,000, and Time - Warner will provide 10 -year ongoing support for $90,000 to $100,000 per year. Volume 58 - Page 67 City of Newport Beach City Council Minutes February 27, 2007 Motion by.Council_Member-Daigle to authorize the City Manager to use a portion of the PEG Capital Grant from Time Warner Cable to purchase cable- casting and community programming equipment substantially similar to the attached Equipment List in an amount not to exceed $100,000. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member: Daigle, Council Member Gardner Q. MOTION FOR RECONSIDERATION - None R. ADJOURNMENT -At 12:30 a.m. in memory of Bernice Borchard Heffernan and Edward H. Selich The agenda for the Regular Meeting was posted on February 22, 2007, at 10:45 a.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 February27, 2007, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 58 - Page 68