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HomeMy WebLinkAbout01 - 02-07-2006 MinutesAgenda Item No. 1 February 28, 2006 CITY OF NEWPORT BEACH City Council Minutes Special Meeting February 7, 2006 — 7:00 p.m A. ROLL CALL i Present: Council Member Selich, Mayor Pro Tem Rosansky, Ma; Ridgeway, Council Member Daigle, Council Member Nichols PLEDGE OF ALLEGIANCE - Council Member Selich 1. COUNCIL VACANCY IN DISTRICT 7. City Clerk Harkless highlight Member Ridgeway noted that Mayor Pro Tem Rosansky sta November 2006 election and that time. a. Council Member is Council appointment. Council Section 403 of the City's Charter. F� il Member will serve until the l�date can also run for Council at first applicant's name, Nancy Jones, from a hat. The cen to the Council Conference Room. a provided her history in the City and reviewed her community particularly on the Friends of the Library Board, Board of Library the Heritage Committee. She expressed hope to integrate the newly unity into the City. Mayor Pro Tem Rosansky asked Ms. Jones what she believes are the duties of a Council Member. Ms. Jones responded that a Council Member should have a clear idea of the issues, be able to articulate them, devote time for dialogue, and then make a decision. Council Member Selich asked Ms. Jones what her No. 1 goal would be. Ms. Jones indicated that, for this year, the City Hall complex, since construction costs are rising and a lot of time has already been spent on this issue. Regarding the General Plan Update, she indicated that the Heritage Committee is meeting on Thursday to discuss the Historical Element. Council Member Nichols asked Ms. Jones for her thoughts on libraries. Ms. Jones expressed hope that the Mariners Joint Library will be a positive concept. She indicated that, because of the City's geography, it is helpful to have several branches in order to provide good service. She noted that the Corona del Mar library may not have the circulation it used to have, but it serves the community. She indicated that some of the Newport Coast residents are disappointed that they Volume 57 - Page 542 City of Newport Beach City Council Minutes February 7, 2006 will not be getting a library in their area, but noted that staffing that library might be difficult and that the Central Library is in close proximity. Council Member Daigle asked Ms. Jones if she. believed in representative government, what she thought representative government means, and if she can commit the time. Ms. Jones stated that she believes in representative government, she has the time, and that it is important to listen and represent the City as a whole. Council Member Ridgeway asked Ms. Jones about her concept of balancing quality of life in Newport Beach. Ms. Jones indicated that she would lily to continue to have Newport Beach be the kind of place we'd love to live in aroCould like to help keep it that way for her children and future generations. kW stated that the City is about having people with different ideas and the abi!j#ft discuss them. Mayor Webb asked Ms. Jones about her th Community Center. Ms. Jones stated t Community Center because it interfer with children use the elementary s as a Community Center and the park w d ne Mayor Webb asked Ms. Jones how the n heritage. Ms. Jones r ated that th Thursday. Regarding t ' tennial, she c and noted that the Hern&ge ttee is plaques, and the book. Wrelative he Newport Coast some reaiden are against the Oleir view plan nd that people etmg place . She "eved that the to be should look at art, culture, and ige Committee is meeting on nented the opening celebration ng on oral histories, historical yo em Rosans r,n d Ms. Jc if she was familiar with the two a ives being circulate ones indicated that she is aware of them, but she not r d them or s anyone. However, what little she knows, she d th it might slow e process. ank.a Member " li . led what other issues are going on in Ms. Jones' area it ar portant. M�s. Jones indicated that she would like to see the Coyote rayon dfill made into a recreational space, especially since some of the park ice will lost with the building of the Community Center. ancil Member Nichols asked how Ms. Jones feels upzoning of properties should handled. Ms. Jones indicated that there would be a plan in place and that she ald defer to staff. Council Member Daigle asked Ms. Jones how the City's library system became so good. Ms. Jones reported that a lot of people worked hard to get it that way, the City has had good librarians, and there has been great response from the community. Council Member Ridgeway asked about Ms. Jones' environmental concerns. Ms. Jones indicated that the City needs to ensure that the Bay is protected and get people inland to help. Ms. Jones indicated that it would be an honor to work with the City Council and commended their dedication. She further complimented City staff. She stated that the greatest reward would be the interaction with all the people in the City and continually working for the City she loves. Volume 57 - Page 543 City of Newport Beach City Council Minutes February 7, 2006 City Clerk Harkless drew Keith Curry's name from the hat. Keith Curry provided his background relative to his professional career and projects he has worked on. He stated that, as a financial advisor, he has helped elected officials solve problems and deliver government services better. He pledged to continue with fiscal responsibility. He discussed the General Plan Update, the Facilities Finance Review Committee, possible funding sources for the Newport Cast Community Center, and Measure M projects. He stated that he will focus on emergency preparedness and is committed to sustaining the City's high quality of life. In response to Mayor Pro Tem Rosansky's question, Mr. C indicated that Council duties include establishing policies for the City ading in a spirit of consensus building, obtaining and empowering the best possible, and working with and listening to the community. In response to Council Member Selich's zd�h�estl ion, Mr. C Nies. asized how sometimes identifying a funding source c(orresolve soIn response to Council Meml Nie o question,low- income hou sing, Mr. Curry noted that housin sues are driven by State legislature, but agreed that senior housing resolves he low- income housing issue and is appropriate. & . , h In response to Counctq M r Daigle' Xis estions about representative government and time errands, or stated that he believes in representative govern . He nn# t a stage of his professional life where I ing to have morh me to be i lved on Council. He stated that he re C-11 q, is the,chaenges in ved with representing 80,000 people and understands ot a Cou cil Member ha sto have the time to do it right. Cofnber.Ridgeway2asked how Mr. Curry was one -on -one in dealing with p sus. eople r. Curry'tif ted that most people don't know how to find the person in rX "t that fixes t ie problems. He stated that he won't be able to solve every p lem,St he will listen to people and be empathetic and sensitive. InTesponselto Mayor Webb's question about the Newport Coast Community Center, Mr. Curry noted that there is a funding shortfall that can probably be solved with the use of bonds. However, the bigger issue is community alienation. He believed that more dialogue with the community is needed and that the leadership needs to be clarified. Further, there is also concern about the private issue of the park. In response to Mayor Pro Tem Rosansky's questions about the two initiatives being circulated, Mr. Curry expressed concern about the language in the Greenlight II initiative because its provisions could be interpreted to constitute a taking under the Constitutional Taking Provision. He indicated that he does not support taking Certificates of Participation (COP) financing to the voters, noting that they are indistinguishable to bonds, are insured, and have the same ratings. He stated that, if the City had a natural disaster and had to wait to go to the voters to access its credit, the City could be in a dilemma. Council Member Selich asked what the City should do to get its fair share of Measure M money. Mr. Curry noted that the draft proposal is being circulated and, since the City has few freeways, it will receive less funding than other cities. Volume 57 - Page 544 City of Newport Beach City Council Minutes February 7, 2006 He reported that now is the time to negotiate for the traffic synchronization program, the widening at Jamboree Road and SR -73, access funds for environmental cleanup /water quality, and start a small community -based transportation service. Council Member Nichols asked for Mr. Curry's opinion relative to Irvine's housing along Jamboree Road. Mr. Curry stated that he is not supportive of matching the density that Irvine created. He believed that development can happen in isolated spots within the Irvine area if it was site specific and discreet. In response to Council Member Daigle's question about wa quality and the management of the Harbor, Mr. Curry stated that the Cit ould look at the money set aside for water quality cleanup to supplement t its current efforts to meet the standards. He added that the City need ook at the uses in the Harbor. He stated that the Local Coastal Plan ' so c I in protecting the Bay and Harbor. Mr. Curry stated that leaders have unpopular opinion, exercise integn recognizing that all power comes fr believed that his education, experience him to be on Council. a stated th everyone's trust. ., City Clerk Harkless responsibility to le in the face of �eilling to educate public while ople. He discussed his ncipals and professional knowledge hive prepared will work hard every day to earn the hat. Scott Pe o believed that he ca ing ' ideas and a team attitude to Council, and trio 7 needssomeo who can think outside the box while working to her wi Council. H' provided his background, stated that he is a licensed tect nd was an Irvine Planning Commissioner. He believed that he could co ' 'bu the difficult issues, like allowing housing in the airport area, Tina and the use of taxpayer money. He believed in being able to �xpan owes or�TiuShDOsses without a vote of the people and without increasing C. ' V stated that he is pro - resident, pro - property rights, pro- business, and Iz esponse to Mayor Pro Tern Rosansky's question, Mr. Peotter indicated that the duties of a Council Member are to serve and represent your district while also representing the City at- large, and to make the day -to -day decisions without having to always go to the voters. He believed that government should be as small as possible. Council Member Selich asked Mr. Peotter what he thought his strongest attribute was. Mr. Peotter stated that, as a licensed architect and former Irvine Planning Commissioner, he could lend his expertise and try to give strong direction relative to the new City Hall project while using the taxpayer's money well. Council Member Nichols asked Mr. Peotter how the City should interface with Irvine relative to their huge developments on Jamboree. Mr. Peotter indicated that they didn't allow any residential units there when he was on the Planning Commission. He stated that the City needs to work with Irvine to protect its assets. He added that the City should enter into an agreement with Irvine to mitigate their impacts per CEQA, otherwise the City should take them to court. Volume 57 - Page 545 City of Newport Beach City Council Minutes February 7,2006 In response to Council Member Daigle's question, Mr. Peotter indicated that, with representative government, Council will receive many types of calls, but stated that he would be sensitive to the citizens' concerns and hire good staff to address the issues. In response to Council Member Ridgeway's question, Mr. Peotter believed that the three most important issues in the City are the City Hall project, the General Plan Update, and the financing of the City Hall. In response to Mayor Webb's question regarding active parks, Mr. Peotter indicated that he is a strong advocate for things that bringAole community together. Regarding the Newport Coast Community Center, bAndicated that he would take on the responsibility to be the liaison bet n the City and the Newport Coast residents. Mayor Pro Tem Rosansky asked Mr. Peotter, examples would he set. Mr. Peotter indi; predictable, and trustworthy. Council Member Selich asked Mr. I rights vs. public interest. Mr. Peotte that superseded private property compensated. J, Ate Assists - cout Master, what ed that he d be consistent, conflicts betwe\ap to property that, if there wis inter est the property owner should be Council Member Nichols sked&for Mr. PeotNXeat pinion relative to John Wayne Airport (JWA) growth. Peotte sate this is a regional decision, but the AIno orking Group (AW _ a job limiting the hours, the numb anes, and t s of plane i' He indicated that delays are due to Jdieeing enoughes. H e noted that there will be a market demand and 6 n ds to occur, ut he does not want it at JWA. In r"ee's'p fli ' , d Cil Mee.� ber Daigle's questions relative to water quality, Mr. t eot" believed " die filtration systems, like the IRWD constructive ,tlanshould be cr ted to clean out a lot of the pollutants that go into the FresponseTto Council Member Ridgeway's question, Mr. Peotter stated that iintaining the levels of infrastructure and service that the public has expected what will keep the City's quality of life. He indicated that the City will need to creative about handling the County's growth. In response to Mr. Webb's questions about the initiatives, Mr. Peotter indicated that initiatives go against the principals of representative government and do not protect the citizens. He stated that using COPs are a financing tool; however, if Council were to raise taxes for financing, that should go to a vote. He stated that the public can vote Council out if they don't like their choices. Mr. Peotter believed that he has the experience and is equipped to serve on Council and run in November. He stated that he will continue to be involved no matter what Council's decision is tonight. City Clerk Harkless drew Dolores Otting's name from the hat. Dolores Otting stated that she is the Vice Chair of EQAC and it would be a privilege to serve as the Council Member for District 7. She reported that she ran Volume 67 - Page 546 City of Newport Beach City Council Minutes February 7, 2006 against John Heffernan, received a significant number of votes even without endorsements, and that Mr. Heffernan endorsed her to replace him in his letter of resignation. She noted that she has been attending meetings for over a decade and believed that she is qualified to represent District 7. She stated that she has gained knowledge, and the trust and respect of many people in the City, and also has an article in the Daily Pilot. She stated that emergency preparedness, the containment of JWA, the Harbor and Bay, fiscal conservatism, public participation, and being the voice of the residents are most important to her. She indicated that she aspires to bring the public back into government. She believes in property rights and understands the importance of b sinesses. She stated that the City is unique because of the diversity of its peopled their ideas. In response to Mayor Pro Tem Rosansky's questions, Ms..Oifmg believed that the duties of a Council Member include being res- . #' being knowledgeable, working with the community, and dedicating their e. In response to Council Member Selich's qu n relative to Ms.. tting's vision for the City in 25 years, Ms. Otting indica that he sees growth s the City, but hoped for smart growth, and sees p trian ikovers and three our lanes on Coast Highway. She hoped there wle no more raised medians because it could impact emergency responses. S dded that she believes Newport Beach will still be a beautiful, gyaint City in 25 _ars, but built -out and built -up. In response to Council and neighborhood lit libraries will have a E can't 177 all ichols' que " 'on, Ms. Otting stated that libraries s ar ortant, d with smart growth, satellite in the f She 'eved that the Central Library nee of the dren. She indicated that libraries to Council Member Daigle's question about representative Ms. Otting stated that she would meet with people, call them, and try 4144 *..their n ds. She indicated that there needs to be methods to peop w eds so Council doesn t have to get involved in such a of detail. iponse Council Member Ridgeway's questions, Ms. Otting stated that the most important issues facing the City today are getting out the General Plan to to the public in bite sized pieces, emergency preparedness, having a ,er warning system or a mass calling system, and water quality. In response to Mayor Webb's question, Ms. Otting noted that the Newport Coast residents wanted to vote on the Community Center; however, as a Council Member, she would represent what the City has done. She agreed that there is still dissention but there will always be people who complain. In response to Mayor Pro Tem Rosansky's questions regarding the initiatives, Ms. Otting believed that Greenlight II will give people the right to vote. She believed that a community forum with Greenlight people, the City, and the General Plan Advisory Committee (GPAC) would be good public outreach. Regarding the debt initiative, she stated that people will be able to vote on major improvements. She agreed that the City needs facilities but this entails borrowing money. In response to Council Member Daigle's question regarding transportation funds, Ms. Otting believed that the money should be used toward improving traffic and for anything that'll improve emergency response. She stated that the City should Volume 57 - Page 547 City of Newport Beach City Council Minutes February 7, 2006 work more with the border cities. Ms. Otting thanked Council for the opportunity and the voters of 2004 who voted for her. She noted that she is a longtime resident and voice of the City and has been asking questions because, with questions, come answers and knowledge, and the basis that informed decisions can be made. She understands that her ideas and opinions may not always be the same as Council's, but with diversity, the Council can aspire to be the best for the residents. She emphasized that she will be able to hit the ground running which is important due to the critical issues that need to be brought to the public in the next nine months. City Clerk Harkless drew Daniel Wampole's name from the Daniel Wampole stated that he is o association, the Newport Coast Telecommunications Committee, and (NCAC). He indicated that he knows Newport Coast and City issues. He opportunity to expand his work to the kUz mostly ade u of the Newport y p Coast'' In response to Mayor Pro Tem Council Members dutiesiv"oli the viewpoints of the resEleiiis; n the boakdo f maste r homeowners Ci 20 , (NQC2000), the the N Coast visory Committee ab�tthe Harbor an ,is up to date on _,Stated thin the current`% acancy was an ent' City, especially sin District 7 is question, Mr. Wampole believed that a ngVut for the issues of the City, taking in Arict`, nd carrying them out. In response to Council Member Sel " uesticMr. Wampole believed that the qualities as that mosqualifies lim on Council include a commitment to serving pee in the Cit,.tjte`ability to h en to many viewpoints, keeping an open mind and carrying th$ ideas out. In spouse to Council Member Nichols' question about Measure M funds, Mr. Wampole stdWA:A xat the funds can be used to help resolve traffic on Mariners Mile and m Corona del 1& E9 Naing that an expert may need to be hired to deal with se ai`ias, he believed that the City does a fair job of controlling the traffic wg signals, even on the Peninsula. ise to Council Member Daigle's question, Mr. Wampole stated that issues with boaters and homeowners are in conflict with each other, and d his views about the party boat industry. In response to Council Member Ridgeway's question, Mr. Wampole stated that the three most important issues in the City are the City Hall project, JWA issues, and water quality. In response to Mayor Webb's questions regarding the Newport Coast Community Center and the adjacent park, Mr. Wampole noted that the preannexation agreement calls out for certain things to happen. He indicated that the most difficult issue now is that there is a funding shortfall. In response to Mayor Pro Tem Rosansky's questions, Mr. Wampole stated that he is not familiar with the two initiatives being circulated. In response to Mayor Pro Tem Rosansky's question, Mr. Wampole indicated that he does not plan to give up his position as the President of the Newport Ridge Homeowners Association and that he would serve on NCAC as the Council Volume 57 - Page 548 City of Newport Beach City Council Minutes February 7, 2006 appointee, not an NCC2000 member, if he becomes a Council Member Council Member Selich asked Mr. Wampole what his goals would be if appointed to Council. Mr. Wampole stated that he would like to see a new City Hall in Fashion Island. In response to Council Member Nichols' question about Harbor issues, Mr. Wampole believed that the City, not the County, should patrol the Harbor, dredging needs to occur, there are issues with the boat yards, the trap setup at the Harbor entrance is difficult to maneuver around, and the Harbor has an unusual problem with high waves. " In response to Council Member Daigle 's question;,eoo . W pole stated that he helped start Movies in the Park, and the area carnivals and events budgeted. He indicated that these events create a - munity. In response to Council Member Ridgeway's gdestions, Mr. mpole stated that his platform on the homeowners association i to increase ity of life and property values. He indicated that quality of means taking a k at issues to make sure the City stays in good fi anciaLstandings to provide ser. In response to Mayor Webb's questions%'Ir. Wampole indicated that, if selected, he would run for electio n November in order to continue the work. He stated that he will create results apd ,do his homeivi2rk to be more well-known to the rest of the community. Rr Mr. Wampole stated tha6veryon,,-* lied s qualified to serve on Council. He in ' that he brims proof`of his gra oots involvement in the City, ability to , at tie issues, and killity to negotiate a win -win situation. He requested TOR the appointment process and believed that the next ge this process in the Charter. He expressed his his reasons why Ms. Otting should be selected. Arakehan expressed her support for Ms. Otting and pointed out her to the publics rights. Martin believed that Ms. Otting will enhance Council's productivity. Wayne Zippi believed that Ms. Otting was the only person who knew the issues and noted her consistent attendance at meetings and the number of votes she received at the last election without endorsements. He believed that Ms. Otting is the most knowledgeable, qualified, and dedicated person to choose. Marianne Zippi recommended that Ms. Otting replace John Heffernan. She noted Ms. Otting's credentials and believed that she already puts the time in, doesn't need a learning curve, and is the only one capable of hitting the ground running. Spencer Wampole emphasized that his father, Dan Wampole, has a true ability to represent the people. He stated that his father really cares about the people who live around him, he loves the City, wants to make it a better place for the future, and is dedicated to helping the City. Volume 57 - Page 549 City of Newport Beach City Council Minutes February 7, 2006 Jennifer Frutig believed that the Charter provides options for filling the vacancy and that the appointment process creates a self perpetuating City Council without calling a special election. Further, she believed that the Charter is unconstitutional. She indicated that this process may be acceptable only in an emergency. Council Member Ridgeway clarified that Section 403 has been reviewed by the City Attorney and states that Council shall appoint someone within 30 days and, if Council cannot appoint someone, a special election is to be called. Larry Porter expressed support for Ms. Otting and believed that a special election. ,44 Jan Vandersloot expressed support for Ms. Otting an- Council should select her. Ar John Nelson stated that he does not supp Ms. Otting consider all capable applicants. V b. SELECTION OF DISTRICT 7 CO.UNCILIVMEMBER. Mayor Webb requested that Council c;ik.their votes by paper them to the City Clerk. Jan . City Clerk Harkless announ Ahe votes, as fellows: Council Member Nichols - Council Aber Daigle - ] Ridgeway 7.X. -'eith Curry Selich - Keith Curry Rosansky - LKeith Curry eith Curry would win in his reasons why asked Council to present Harkless announced that Keith Curry is the new Council Member for TION OF OATH OF OFFICE. Clerk Harkless .called newly appointed Council Member Curry forward and inistrated the Oath of Office prescribed in the State Constitution. Council fiber Curry signed the Oath of Office and took his seat at the Council dais. Council Member Curry stated that he looks forward to demonstrating that he is worthy of Council's confidence. To the voters and residents of District 7, he pledged his commitment to representing the community. To the other applicants, he stated that they were all excellent candidates, he hopes they can become good friends, and he looks forward to their advice and counsel. He stated that he looks forward to the election so people can see his record. He asked those who supported other applicants to give him the opportunity to show them that he can lead. Mayor Webb requested that the Facilities Finance Review Committee appointment be placed on the next agenda in order to replace Mr. Curry and to select a new Chairperson. City Clerk Harkless reported that resolutions establishing the City Hall Site Review Committee and the Facilities Finance Review Committee will also be on the agenda and added that a member has Volume 57 - Page 550 City of Newport Beach City Council Minutes February 7, 2006 declined appointment to the Facilities Finance Review Committee. E. PUBLIC COMMENTS Mark Sites stated that he has one of the two dredging companies in the Harbor. He discussed the dredging issues and eelgrass restrictions, and requested that he be notified about dredging issues. F. ADJOURNMENT - 9:57 pm. The agenda for the Special Meeting was posted on February 1, 2006, at 12:05 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Volume 57 - Page 551 CITY OF NEWPORT BEACH City Council Minutes Study Session February 14, 2006 — 5:00 p.m ROLL_CALL Present: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky Tvlayor Webb, Council Member Ridgeway, Council Member Nichols >�� Excused: Council Member Daigle �' U,-, .. CURRENT_ _BUSINESS S3. UPPER NEWPORT BAY DREDGING..,,PROJEQT UPDATE [ORAL REPORT ONLY]. Harbor Resources Manager Rossmiller utilize x* PowerPoint presentation to discuss the Upper Newport Bay Ecosystem, Restoration N9ject. He highlighted why the City is concerned about sediment deposition in Newpdit Bay, the project objectives, project constraints, and project features He layed pho�ga of Least Terns and a Light - Footed Clapper Rail which are some of the en�gered speci0a in the area. He highlighted the project financial data and emphasized that £he hope that this will not need to occur again for another 21,ydaik He announced t}i the dre will be delivered on February 21 and the base cg$struction portion of t_el.project, which costs $11.1 million, will last about 400 days. H, reported' that the project will entail a 10 -inch hydraulic pipeline dredge, two tugboats, wo 3,00 cubic yard (cif. yd.) disposal scows, a survey vessel, and a_ discharge Pipeline. Ike nota;that future phases of the project may need to use a crane/bucket dredging system. In resp61 se to bouncil questions, Harbor Resources Manager Rossmiller reported that there is An alternative mudflat site for the one next to the Newport Aquatic Center, but this is anroptional`iiem that hasn't been awarded yet. He noted that the project will be conducted` 24 hours a day /6 days a week, excluding holidays. He discussed how the dredge will notdisturb habitats, particularly with the use of monitors. He indicated that the sand is too fine to be reused on the beaches and confirmed that the inlet area that the Army Corps of Engineers is responsible for no longer has beach quality sand. 'Oriana Duranczyk, DD -M Crane & Rigging, displayed photos and discussed the equipment and vessels that they will be using. She confirmed that the dredge will be delivered next Tuesday and was built specifically for this project. She discussed how much the scows draft and reported that a majority of the discharge will be going offshore to LA -3. She stated that they have hired a tracking firm to verify where the load went and that nothing has leaked. She added that.this can also be accessed over the internet. She indicated that they hope to get 1,000 cu. yd. of sediment for every 2,000 cu. yd. of water. Harbor Resources Manager Rossmilller stated that there is a need to dredge about 900,000 cu. yd. in the Lower Bay to bring it back to the original design depth. He discussed a joint project with the Army Corps of Engineers that will dredge about 400,000 cu. yd. in the worst areas of the Bay. He reported that they met with Colonel Dornstauder of the Army Corps of Engineers who was pleased with the dredging strategy. He added that the City is Volume 57 — Page 552 City of Newport Beach Study Session Minutes February 14, 2006 1. 2. also working with the Corps in renewing the regional general permit for dredging between the pierhead and bulkhead. He reported that, if the City has a shelf -ready project, it may be able to use money left over at the end of the year that was to be used for other projects that didn't receive permits. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Nichols asked if there are any alternatives to the sea lion ordinances (Item 3). Public Works Director Badum confirmed for Council Member Nichols that Item 4 (Bay Avenue Area Drainage Improvements) is for the installation of a storm drain in Lindo Avenue and to do streetwork that has been postponed due to the drainage.4sue. CIP PROCESS [POWERPOINT PRESENTATION]. Public Works Director Badum introduced Administrative Council. He utilized a PowerPoint presentation Program expenditure history, the budget calendar, and how projects are started. He highlighted the factors affecting project priority are public safety, that leverages City funds, continuation projects /on planned projects, and community equityhmpiia6. the methodology behind the scheduling of CIP *'gr work gets contracted out and the,`�unes that would b staff. In response to Council revenue from thents about $1.5 millitfn. ut only be usad`or arterial highways not local streets. He clarified that part of the Orange County -- Fansportation Authority �OCTA) requirement to stay eligible for OCTA funds is to submit aCoundil- approved 7-yea�r ICIP Program for arterial highways. He reported that as +ia$ and Sewerkaster Plan assesses the City's underground utilities. at" bile other'ipit%d bts are happening, staff also looks at the age of the lines I r2it d be appropriate to update the lines so the location doesn't have to be z. Mayor Webb added that the City is replacing a fairly substantial number of L lines oj.,an annual basis. City Manager Bludau reported that the water and have a built in amount to help pay for the Master Plans. Further, it is a to amortize the City's assets as a part of its financial records. Council geway believed that the Facilities Finance Review Committee's scope should to include expansions. Works Director Badum to review the the various tv Pollard to the City pital Improvement f funding sources, on proc6§,t and noted that 1:1: interest, matching funding going commitments, regul'tions, master He reviewed the staffing involved and ojects. He confirmed that most of the e,cost effective to do in -house is done by reported that the net annual cy's accumulated increment is d that Traffic Impact Fees can and det torn up sewer Regarding the General Fund's target source, City Manager Bludau indicated that this is a negotiated amount between the Finance Director and the City Manager. He added that they normally keep it at $4 million, but it's $5 million this year. Regarding projects that exceed the available current year funds, Public Works Director Badum stated that the project is brought before Council to determine if the funds should be advanced from the reserve or if the project should be scaled down. Mayor Webb encouraged Council to inform Public Works Director Badum of any project in their District that they'd like to see in the CIP Program so he can determine cost estimates and priority. Council Member Daigle joined the meeting at 6:01 p.m Volume 57 - Page 553 City of Newport Beach Study Session Minutes February 14, 2006 PUBLIC COMMENTS - None. ADJOURNMENT - 6:09 p.m. The agenda for the Study Session was posted on February 8, 2006, at 3:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Study Session was posted on February 10, 2006, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Volume 57 - Page 554 r^ Volume 57 - Page 554 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 14, 2006 — 7:00 p.m STUDY SESSION - 5:00 p.m DRAFT CLOSED SESSION - 6:10 p.m A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Daigle E. INVOCATION - Dr. John A. Huffman, Jr., St. Andrews Presbyterian Church F. PRESENTATIONS - None G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR, MATTERS WHICH COUNCIL. MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSLOL�,. ACTION OR REPORT (NON- DISCUSSION.ITEMA- Mayor Webb congratulated Police Chief McDonell on receiving the Joseph Thomas Molloy award, the highest honor bestowed by the California Police Chiefs Association. Council Member Nichols requested that a report be provided at a future City Council meeting on the state of the lower harbor. Mayor Pro Tem Rosansky encouraged the public to contact the City Manager's office with any sites that might be suitable for a new City Hall, so that the City Hall Site Review Committee can review them. Mayor Pro Tem Rosansky announced that teams are being formed and individuals are being sought to participate in this year's Relay for Life event being held in May. Mayor Pro Tem Rosansky requested that staff present a report on the possibility of extending the hours that dogs are allowed on the City's beaches. Mayor Webb announced that there are 199 days until the City's 100th birthday, and he shared a "centennial moment". Volume 57 - Page 555 City of Newport Beach City Council Minutes February 14, 2006 I. CONSENT CALENDAR (1 - 6; & S 18 and S 19) READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF JANUARY 24, 2006 AND ADJOURNED REGULAR MEETING OF JANUARY 31, 2006. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. CONTRACTS AND AGREEMENTS 4. BAY AVENUE AREA DRAINAGE IMPROVEMENTS - AWARD OF CONTRACT (C- 3695). [381100 -20061 1) Approve the plans and specifications; 2) award the contract (C -3695) to Zusser Company, Inc. for the total bid price of $596,504.50 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $60,000 to cover the cost of unforeseen work and $5,000 for geotechnical services; and 4) approve a budget amendment (06BA -043) transferring $25,554 from the EIR/Preliminary Plans Gas Tax Account (7181- C5100070) to the Bay Avenue Drain and Street Rehabilitation Phase 2 Gas Tax Account (7181 - 05100829). 5. MARINERS MILE STREET LIGHTING - APPROVAL OF COOPERATIVE AGREEMENTS WITH CALTRANS (C- 3814). [381100- 20061 1) Approve a Contribution Agreement and a Maintenance Agreement with the State of California defining funding and maintenance responsibilities for concrete street lighting poles on Coast Highway between Dover Drive and Newport Boulevard; 2) approve use of Account No. 7013 - 05200880 Mariners Mile Street Lighting to fund the City's share of the FY 05/06 State contract project (the contract cost is established at $72,000) and 3) direct staff to submit a CIP project for FY 06/07 to fund the City's share of the FY 06/07 State contract project (the contract cost is established at $21,000). 6. TERMS AND CONDITIONS TO ACCEPT TITLE TO PARK PARCELS IN SANTA ANA HEIGHTS (C- 3829). [381100 -20061 Authorize City staff to prepare, and the Mayor to execute, a Property Disposition or similar Agreement between the City of Newport Beach and the Orange County Development Agency (OCDA) for specific parcels in Santa Ana Heights that would become the passive park at Mesa Drive and Birch Street. S18. APPOINTMENT TO THE AVIATION COMMITTEE - DISTRICT 7. [100 -20061 Confirm Council Member Curry's appointment of James Dunlap to the Aviation Committee (District 7 alternate member). S19. MARINERS LIBRARY LEFT TURN - AWARD OF CONTRACT (C- 3830) TO HILLCREST CONTRACTING. [381100 -20061 1) Approve the plans and specifications; 2) adopt Resolution No. 2006 -17 making findings that this work is deemed an urgent necessity and waive standard bidding Volume 57 - Page 556 City of Newport Beach City Council Minutes February 14, 2006 procedures; 3) award the contract (C -3830) to Hillcrest Contracting for the total bid price of $58,502 and authorize the Mayor and the City Clerk to execute the contract; 4) establish an amount of $3500 (6 %) to cover the cost of unforeseen work, and geotechnical, materials testing, and survey as needed under the existing On -Call Professional Services Agreements not to exceed $8,000; and 5) approve a budget amendment (06BA -044) appropriating $70,000 from unappropriated Circulation & Transportation fund balance to the Mariner's Library capital improvement account (7261 - 05100661) for street improvements related to library access and traffic. Referring to Item No. 6, Council Member Daigle noted that the City is moving forward with accepting title for the park parcels in Santa Ana Heights. Motion by-Mayor Pro Tem risky to approve the Consent Calendar, except for the item removed (Item No. 3). The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols J. PUBLIC HEARINGS 7. COMMERCIAL ACTIVITY REGULATION ON NEWPORT HARBOR - MUNICIPAL CODE CHAPTERS 5.18 AND 17.41. [100 -20061 Revenue Manager Everroad provided a brief staff report and highlighted the regulations included in the proposed ordinance. In response to Council Member Nichols' question, he also clarified how the regulatory fees were established. Motion by Council- _Member.. Ridgeway to adopt Ordinance No. 2006 -3, regulating commercial activities on Newport Harbor and adopt Resolution No. 2006- 9 updating the Master Fee Schedule to include the application fees for the new ordinance. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 8. BAYSIDE RESIDENTIAL PLANNED COMMUNITY - 919 BAYSIDE DRIVE (PA2004 -072) (contd. from 12/13/05 & 1/10/06). [100 -20061 Contract Planner Lepo stated that as a result of the discussions at the City Council meeting of January 10, 2006, the applicant is proposing to meet the requirement for reasonable public access to the waterfront by providing an eight -foot walkway partially on land and partially cantilevered over the water and, additionally, has agreed to several revisions to the conditions for approval. He noted the handouts provided at the current meeting detailing alternatives to Condition Nos. 21, 33 and 35, as well as the revisions to Table 1 of the planned community regulations. Council Member Selich expressed his support for the alternative conditions and complimented the applicant for making modifications to the project. Volume 57 -Page 557 City of Newport Beach City Council Minutes February 14, 2006 Motion by Council Member_Sglich to 1) adopt Resolution No. 2006 -10 adopting Mitigated Negative Declaration (SCH No. 2005 - 061019) and Mitigation Monitoring and Reporting Program, approving Tentative Tract Map 2004 -001 (Tract 15323), and approving Coastal Residential Development Permit No. 2005 -001 for property located at 919 Bayside Drive (PA2004 -072), as amended to include the alternatives for Condition Nos. 21, 33 and 35; and 2) introduce Ordinance No. 2006 -6 approving Code Amendment No. 2005 -07 and adopting Planned Community Text No. 54, as amended to include the revisions to Table 1 of the planned community regulations, and pass to second reading on February 28, 2006. Carol McDermott, Government Solutions, representing the applicant, stated that the conditions, as proposed, are acceptable to the applicant. She noted that the revisions to Table 1 of the planned community regulations reflect revisions to both the lot sizes and the setbacks. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 9. GENERAL PLAN AMENDMENT NO. 2006 -001; LOCAL COASTAL PROGRAM AMENDMENT NO. 2006 -001; AND CODE AMENDMENT NO. 2006 -001 — CALTRANS WEST PROPERTY, 4850 WEST COAST HIGHWAY (PA2006 -016). [100 -20061 Planning Director Temple provided a brief staff report, and Mayor Pro Tem Rosansky noted that it is important for the City to change the zoning and designations for the property due to legislation in place that authorizes the transfer of the property to the State Parks Department for park uses. Motion by Mayor Pro Tem Rosansky to adopt Resolution No. 2006 -11 approving General Plan Amendment No. 2006 -001 and Local Coastal Program Amendment No. 2006 -001 and introduce Ordinance No. 2006 -7 approving Code Amendment No. 2006 -001 and pass to second reading on February 28, 2006. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols K. PUBLIC COMMENTS Robert Hanley shared the passing of Ed Hall on December 8, 2005, and stated that Mr. Hall served the City in many ways. He provided a photo of Mr. Hall in his fire captain's uniform. Susan McFadden and Dennis Pierret both complained about the constant barking from the dog living next door to their residence. They stated that they have tried to work within the system, but have been unable to remedy the situation. Council Member Rosansky suggested that Ms. McFadden or Mr. Pierret contact him. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Volume 57 - Page 558 City of Newport Beach City Council Minutes February 14, 2006 Ad Hoc General Plan Update Committee (GPUC) - Council Member Selich announced that the next meeting of GPUC will be on February 27, 2006, at 4'.00 p.m. at the Central Library. Local Coastal Program Certification Committee - Council Member Ridgeway reported that Senior Planner Alford has completed the draft implementation plan and the Committee will meet again in approximately two weeks to discuss it. Newport Coast Advisory Committee (NCAC) - Council Member Curry announced that the next meeting of the NCAC will be held on March 13, 2006. Mariners Joint Use Library Ad Hoc Steering Committee - Mayor Webb announced that the formal dedication of the library will take place on April 20, 2006, at 11:00 a.m. City Centennial 2006 Committee - Mayor Webb complimented the historical play put on by the Newport Harbor High School Centennial Play Group the week prior. Mayor Pro Tem Rosansky stated that sponsorships and contributions are still being sought to help fund Centennial events. Those interested should contact the City Manager's office. City Council/Citizens Ad Hoc Committee for Marina Park Planning - Council Member Ridgeway reported that the Marina Park Mobile Home Park Relocation Impact Report has been completed and is available to the public. City Council Ad Hoc Marina Park Advisory Committee - Mayor Webb reported that the Marina Park issue is scheduled to be addressed by the City Council at the March 28, 2006, Study Session. City Hall Site Review Committee - Council Member Rosansky reported that the Committee met for the first time on February 13, 2006. He listed the sites currently being considered and again urged the public to provide input by suggesting additional sites or attending the next meeting of the Committee to be held on March 6, 2006. Facilities Finance Review Committee - Council Member Rosansky announced that the Facilities Finance Review Committee will hold its first meeting on February 27, 2006. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 10. PLANNING COMMISSION AGENDA FOR FEBRUARY 9, 2006. [100 -20061 N. Planning Director Temple reported on the following Planning Commission items: The Natural Solution DirectCare - 359 San Miguel Drive, Suite 107; CalTransWest; Widening Coast Highway between Dover Drive and Rocky Point; and Sober Living by the Sea - 2811 Villa Way. She and Public Works Director Badum responded to questions of the City Council regarding the Coast Highway widening item. 11. RESOLUTIONS ESTABLISHING TWO COMMITTEES - A CITY HALL SITE REVIEW COMMITTEE AND A FACILITIES FINANCING REVIEW COMMITTEE - TO ASSIST THE CITY COUNCIL IN DEALING WITH CITY HALL PROJECT ISSUES. [351100 -20061 City Manager Bludau provided a brief staff report and stated that the resolutions incorporate the recommendations of the City Council at previous meetings. Volume 57 - Page 559 City of Newport Beach City Council Minutes February 14, 2006 Motion -b. Council Member . Curry to 1) adopt Resolution No. 2006 -12 establishing a City Hall Site Review Committee, as revised to require a completion date of the Committee's work by May 1, 2006; and 2) adopt Resolution No. 2006 -13 establishing a Facilities Finance Review Committee, as revised to require a completion date of the Committee's work by May 1, 2006. Council Member Daigle confirmed that the current City Hall site will be reviewed by the City Hall Site Review Committee and that the Committee will present all suitable sites to the City Council without prioritizing them. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 12. COUNCIL SELECTION OF REPLACEMENTS FOR DON DALIS AND KEITH CURRY ON THE FACILITIES FINANCING REVIEW COMMITTEE, SELECTION OF CHAIR TO REPLACE KEITH CURRY, AND RECONSIDERATION OF COUNCIL APPOINTMENTS TO THE COMMITTEE. [351100 -20061 Motion bv_Mayor Pro Tem Rosansky to select Steve Frates as the new Chair of the Facilities Finance Review Committee. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Motion by Mayor. Pro Te mi Rosan, sky to not replace Don Dalis or Keith Curry, leaving nine members on the Facilities Finance Review Committee. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Motion-by Council Member__Ridgeway to confirm the Mayor's appointment of Council Member Curry to replace Council Member Daigle on the Facilities Finance Review Committee. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols O. CURRENT BUSINESS 13. PROPOSED MODIFICATIONS TO AGREEMENT (C- 3262). [381100 -20061 Volume 57 - Page 560 CITY MANAGER EMPLOYMENT City of Newport Beach City Council Minutes February 14, 2006 Mayor Webb provided a brief report and read the recommendations of the committee. Motion by Council Member Ridgeway to adopt Resolution No. 2006 -14 entering into a two year employment agreement with the City Manager, which includes a 5% salary increase the first year, effective January 7, 2006, and a 4% salary increase the second year, effective January 6, 2007. Council Member Curry expressed his support for the City Manager but, not having been a part of the performance review, stated that he would be abstaining from the vote. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Abstain: Council Member Curry 14. RESOLUTION OF APPLICATION TO REORGANIZE TERRITORY KNOWN AS WEST SANTA ANA HEIGHTS, THE EMERSON /CHURCHILL TRACT, AND THE CORPORATE YARD FUELING PARCEL. [211100 -20061 Council Member Ridgeway recused himself because he owns property within the area included in the application. City Manager Bludau provided a brief report on the importance of the issue. Using a PowerPoint presentation, Assistant City Manager Kiff provided background information on boundary changes and reorganizations, in general, and a brief history on the annexations under consideration at the current meeting. He also displayed an area map showing the proposed reorganizations. In response to Council Member Daigle's questions, Assistant City Manager Kiff and City Manager Bludau provided additional information on the East Santa Ana Heights and West Santa Ana Heights relationship, the redevelopment agency, and the John Wayne Airport. In response to Mayor Pro Tem Rosansky's question, City Manager Bludau explained why the Santa Ana Country Club and the area south of Mesa Drive are not being included in the current application, and confirmed that staff is not opposed to possibly annexing those areas in the future. In response to questions of the City Council, Bob Aldrich, Local Agency Formation Commission ( LAFCO), explained how annexations can be initiated, the rights of the registered voters and landowners in the area, LAFCO's requirements for applications and detachments, and the criteria considered by LAFCO when reviewing an application. Additionally, Mr. Aldrich explained what occurs after an application is submitted to LAFCO. Assistant City Manager Kiff referred to the letter from the City of Costa Mesa, dated February 10, 2006, and noted their opposition to the City of Newport Beach moving forward with the matter at the current meeting. Robert Hanley stated that the citizens in the West Santa Ana Heights area have worked for many years to have their area annexed into the City of Newport Beach. Volume 57 - Page 561 City of Newport Beach City Council Minutes February 14, 2006 Karren Schaeffer spoke in support of annexing the area south of Mesa Drive Cal McLaughlin spoke in support of annexing all of Area 7 and stated that the majority of the residents are also in support of it. Paul Watkins, Chair of the Santa Ana Country Club Annexation Committee, also spoke in support of the Country Club and the area south of Mesa Drive being included in the annexation application. He requested that the City include a letter with the resolution that is submitted to LAFCO expressing the City's support of the two areas pursuing a sphere of influence change from Costa Mesa to Newport Beach. Barbara Venezia, Chair of Santa Ana Heights Project Advisory Committee (SAHPAC), discussed the importance of annexing West Santa Ana Heights in conjunction with the takeover of the redevelopment agency, and stated that including the Santa Ana Country Club and the area south of Mesa Drive in the current application would delay pending projects for Santa Ana Heights further. Herbert Hiroshima spoke in support of the area south of Mesa Drive being annexed into Newport Beach. Janet Hiroshima also spoke in support of annexing the area on the south side of Mesa. Motion by Mayor Pro Tem Rosansky to adopt Resolution No. 2006 -15 serving as the Resolution of Application to the Orange County Local Agency Formation Commission ( LAFCO) regarding the reorganization of territory along the city's western boundaries (West Santa Ana Heights (Section A), the Emerson/Churchill Tract (Section D), and a portion of the General Services Department's Corporation Yard (Section E); and to include a cover letter from the City Manager, and approved by Mayor Pro Tem Rosansky and Council Member Daigle, recognizing that the City of Newport Beach is receptive to cooperating with the residents on the south side of Mesa Drive and the Santa Ana County Club in their desire to annex their areas into the City of Newport Beach. Motion by Council_ Member Nichols to include all of the areas under discussion in the application. Council Member Nichols' motion died for lack of a second. Mayor Webb suggested that creating a logical City boundary be considered when determining which areas to include in the application. In response to Council Member Selich's question, City Manager Bludau clarified where the redevelopment agency money can be spent. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Nichols Abstain: Council Member Ridgeway 15. FORMATION OF THE NEWPORT BEACH /SANTA ANA HEIGHTS REDEVELOPMENT AGENCY. (100 -20061 Assistant City Manager Kiff provided an aerial photo showing the proposed Volume 57 - Page 562 City of Newport Beach City Council Minutes February 14, 2006 boundary of the project area. Jon Goetz, Stradling Yocca Carlson & Rauth, stated that the ordinance before the City Council at the current meeting would establish the redevelopment agency. A separate ordinance would be required to adopt the redevelopment project and an agreement with the County would also be needed for administration of the redevelopment project. Mr. Goetz provided information on what happens after the formation of the agency, and City Manager Bludau reported on the status of the sphere issue discussions. In response to Council Member Nichols' questions, City Manager Bludau further explained the responsibilities of the City and the County. Assistant City Manager Kiff suggested that the sixth paragraph of the ordinance be amended to read, "...to transfer a portion of the Santa Ana Heights redevelopment project area's obligations and administration... ". Motion_by_Mayor Pro Tem Rosansky to introduce Ordinance No. 2006 -8, as amended, and pass to second reading on February 28, 2006. The motion carried by the following roll call vote Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Mayor Webb suggested that Item No. 17 be taken out of order. No objections were heard. 17. TELECOMMUNICATIONS FACILITY PERMIT TP2005 -018 (PA2005 -244) - 20662 NEWPORT COAST DRIVE. [100 -20061 Assistant Planner Brown provided a brief staff report and stated that two findings by the City Council are necessary to approve the application. The first finding is that the approval is necessary to allow the facility to function as intended and identified alternatives to the proposal are not feasible. The second finding is that the approved facility will not result in conditions that are materially detrimental to nearby property owners, residents and businesses, or to public health and safety. She reported that both of these findings can be made. Motion by _Council Member Daigle to approve Telecom Permit No. 2005 -018 subject to the findings and conditions of approval attached to the staff report. Council Member Curry confirmed that there were no public comments received by staff on the matter. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 16. NEWPORT BEACH RESPONSE TO ONGOING RESIDENTIAL DEVELOPMENT IN THE IRVINE BUSINESS COMPLEX. [100 -20061 Volume 57 - Page 563 City of Newport Beach City Council Minutes February 14, 2006 Assistant City Manager Wood provided a brief staff report on the issue and explained the history of residential development in the Irvine Business Complex (IBC). She described the City of Newport Beach's involvement beginning in January of 2004 and the formation of the Newport Beach/Irvine Borders Committee. She stated that Newport Beach hasn't told Irvine how to plan their community but has requested that environmental reviews be done for developments. Additionally, she stated that comments to the draft negative declaration for a zone change to create the IBC mixed use overlay zone are due February 16, 2006. City Attorney Clauson stated that it's important for the City to follow through on the letters being sent and to challenge the environmental reviews when they are found to be inadequate, which is why staff is recommending that outside legal counsel be hired. She specifically referred to the negative declaration for the overlay district, as reported by Assistant City Manager Wood. Council Member Ridgeway emphasized how important it is for the City to fully react to any projects in Irvine that could result in significant impacts to Newport Beach. In response to Council Member Daigle's question, City Attorney Clauson confirmed the City's concern for the individual general plan amendments being done on a piecemeal basis with inadequate environmental review and that the overlay with a negative declaration continues the piecemealing. She stated that an overall review needs to be done for the entire area to determine the impacts. Motion by Council, Member Daigle to 1) direct the City Attorney to utilize special counsel to review and prepare comments on draft EIRs for individual development projects in the IBC, follow up with review of responses to comments, and report back to the City Council, as well as continuing to pursue any environmental concerns raised during review of the negative declaration on the proposed overlay zone; and 2) adopt Resolution No. 2006 -16 extending the term of the Newport Beach/Irvine Borders Committee, and direct the Committee to meet with Irvine City Council members to inform them of Newport Beach's concerns and potential actions by Newport Beach if full environmental review is not done. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols P. ITEMS REMOVED FROM THE CONSENT —C DAR 3. SEA LION RELATED ORDINANCES. (100 -20061 Council Member Nichols expressed his concern for requiring citizens to the take responsibility for removing sea lions from their property. Motion by Council Member Ridgeway to 1) adopt Ordinance No. 2006 -4 related to the feeding of non - domesticated animals; 2) and adopt Ordinance No. 2006 -5 related to vessel security on moorings and harbor structure security from sea lion boarding. The motion carried by the following roll call vote Volume 57 - Page 564 City of Newport Beach City Council Minutes February 14, 2006 Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Abstain: Council Member Nichols Q. MOTION. FOR RECONSIDERATION - None R. ADJOURNMENT at 9:40 p.m The agenda for the Regular Meeting was posted on February 8, 2006, at 3:15 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on February 10, 2006, at 2:30 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk . Recording Secretary Mayor Volume 57 - Page 565