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HomeMy WebLinkAbout01 - Minutes - 03-14-2006City Council Meeting March 28, 2006 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 14, 2006 — 7:00 p.m. STUDY SESSION - Cancelled CLOSED SEWON - Cancelled A. CONVENED 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 Selich E. INVOCATION - Reverend Peter D. Haynes, Saint Michaels and All Angels Episcopal Parish Church F. PRESENTATIONS Newport Beach Sister Cities Update. Kathy Leek reported that Newport Beach has an active relationship with Antibes, France, and Okazaki, Japan, and is organizing activities with Ensenada, Mexico. She explained the purpose of sister city associations and provided an update on the activities taking place through the Newport Beach Sister Cities Association. Additional information can be obtained by contacting the president, Connie Skibba, at (949) 650 -0594. Ms. Leek presented the Mayor with a t -shirt commemorating Okazaki wrestler, Koto Mitsuki. G. NOTICE TO_THE PUBLIC H. CITX__._.COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION IT M): Council Member Daigle invited all homeowner associations and organizations to attend the meeting of the Eastbluff Homeowners Association, to be held later in the month of March. She stated that the City will be giving a presentation on the General Plan update, and that additional information can be obtained by contacting any Council Member or the City Manager's office at (949) 644 -3000. Council Member Curry reported that he was in Washington D.C. the week prior and personally delivered a letter from the Mayor, on behalf of the City Council, to the head of intergovernmental affairs advocating for additional and complete funding of the City's Volume 57 - Page 577 City of Newport Beach City Council Minutes March 14, 2006 back bay dredging project. Council Member Curry additionally reported that Congressman Campbell is a supporter of the City's efforts. Mayor Pro Tem Rosansky announced that this year's Newport Beach Film Festival will be taking place from April 20th through April 30th. Mayor Pro Tem Rosansky announced that this year's Relay for Life event will be taking place on May 20th & 21st at Newport Harbor High School. He encouraged everyone that is interested to participate. Mayor Webb announced that there are 171 days until the City's 100th birthday; and he shared a "Centennial moment ". Mayor Webb announced that he attended the annual meeting of the Restaurant Association. He encouraged everyone to support the City's local restaurants. Additionally, he announced that, earlier in the day, he attended the kickoff breakfast for the Toshiba Classic, taking place this week in Newport Beach. I. CONSENT CALENDAR (Item Nos. 1 - 12) READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF FEBRUARY 28, 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. ORDINANCE FOR ADOPTION S. BAYSIDE RESIDENTIAL PLANNED COMMUNITY - 919 BAYSIDE DRIVE (PA2004 -072). (100 -2006] Adopt Ordinance No. 2006 -6 approving Code Amendment No. 2005 -07 and adopting Planned Community Text No, 54; and adopt Resolution No. 2006 -20 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). RESOLUTION FOR ADOPTION 4. ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND ITS PRINCIPLES AND POLICIES. (100- 2006] Adopt Resolution No. 2006 -21 regarding the National Incident Management System (NIMS). CONTRACTS AND AGREEMENTS 5. APPROVAL OF CONTRACT WITH COMPUTER DEDUCTIONS, INC. FOR THE ORANGE COUNTY INTEGRATED LAW AND Volume 57 - Page 578 City of Newport Beach City Council Minutes March 14, 2006 JUSTICE PROJECT (C- 3692), 138,1100 -20061 1) Approve the scope of work and sole source award to Computer Deductions, Inc. (CDI), in the amount of $49,680 from COPS Technology 2002 Grant Account #7017 - C1820747 to improve and enhance the Orange County Integrated Law and Justice (OCILJ) Automated Subpoena Processing Application; and 2) authorize the City Manager to execute a standard Professional Services Agreement with CDI as approved by the City Attorney. 6. PURCHASE OF 2006 JUNIOR LIFEGUARD PROGRAM UNIFORMS. 138,1100 -20061 Award the 2006 City of Newport Beach Junior Lifeguard Program uniform contract (C -3752) to Generic Youth for the total cost of $159,685.50 (including tax). 7. PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM AVERY & ASSOCIATES, INC. FOR LABOR RELATIONS SERVICES (C- 3075). 1381100 -20061 Approve and authorize the Mayor and City Clerk to execute an agreement with monthly compensation of $5,000. 8. AMENDMENT TO EXTEND TERM OF PROFESSIONAL SERVICES AGREEMENT WITH ROMA DESIGN GROUP (C- 3770). 1381100 -20061 Approve and authorize Mayor and City Clerk to execute amendment to agreement. MISCELLANEOUS 9. BUDGET AMENDMENT - OFFICE OF TRAFFIC SAFETY SEAT BELT COMPLIANCE CAMPAIGN - FISCAL YEAR 200512006. 1100 -20061 Approve a budget amendment (06BA -050) in the amount of $24,195 for the Police Department budget in Fiscal Year 2005/2006 to fund additional seat belt enforcement as part of the California Office of Traffic Safety Seat Belt Compliance Program. 11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY05 -06 EXPENDITURE ACCOUNTS. 1100 -20061 Approve a budget amendment (06BA -051) to increase revenue estimates by $6,350 in Account No. 4090 -5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation) and 4060 (Literacy). Motion by Mayor Pro Tern Rosanskv to approve the Consent Calendar, except for those items removed (10 and 12). 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 13. AMENDMENT TO TITLE 20 OF THE NBMC TO ADD A FIRE FACILITY Volume 57 - Page 579 City of Newport Beach City Council Minutes March 14, 2006 ("FF") OVERLAY DISTRICT TO THE SANTA ANA HEIGHTS SPECIFIC PLAN (PA2006 -033). 1100 -20061 Assistant City Manager Kiff introduced the item and stated that the reason that the overlay is needed is to accommodate the increased height necessary for a fire training facility. He noted that two amendments are being recommended by staff. The first amendment would direct the Planning Director to receive input from the Santa Ana Heights Project Advisory Committee (PAC) prior to the issuance of a use permit for the fire training facility. The second amendment changes terminology in the proposed ordinance to make it consistent with the terminology in the City's zoning code. Council Member Daigle confirmed with Assistant City Manager Kiff that the local community and the Fire Chief are in agreement with the amendments. Additionally, she requested that the use permit include a condition that there be an annual review after the first year of operation to make sure that the community doesn't have any concerns. Mayor Webb opened the public hearing. Hearing no testimony, Mayor Webb closed the public hearing. Motion, by Council Member Daigle to introduce Ordinance No. 2006 -9, as amended, approving Code Amendment 2006 -002 adding the Fire Facility ( "FF ") Overlay District to the Santa Ana Heights Specific Plan text, and applying the overlay to the proposed fire station site; and pass to second reading on March 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 14. SEACLIFFE MOBILE HOME PARK (890 W. 15TH STREET)- CLOSURE IMPACT REPORT. 1100 -20061 Senior Planner Campbell summarized the information contained in the staff report. He stated that staff has verified that the notification of the homeowners was done in accordance with State law and additionally, believes that the benefits described in the closure impact report that was prepared by the mobile home park owner are adequate and also comply with State law. At the request of Council Member Nichols, Senior Planner Campbell explained what is required when a mobile home park is closed and described the difference between a tenant who rents a mobile home from the owner of the park and the mobile home owner who rents space from the park owner. Assistant City Attorney Harp provided additional information and noted that the applicable regulations are contained in the Government Code and the Mobile Home Residency Law. Additionally, he explained what "relocation cost" means and stated that it's at the discretion of the City Council what mitigation measures are imposed on the applicant. Senior Planner Campbell briefly discussed the options available to the homeowners, as provided in the closure impact report. Volume 57 - Page 580 City of Newport Beach City Council Minutes March 14, 2006 Mayor Webb opened the public hearing. Rob Coldren, King Hart & Coldren, representing the applicants, Moun•Shung and Sue -Jane Chi, stated that the Chi's desire to close the mobile home park and have done everything they can to mitigate the adverse impacts on the residents. Elise Wayman, Seacliffe Mobile Home Park homeowner, briefly described the communication she has had to date in regard to the park's closure, and provided information regarding her investment and commitment to the park and the City. Ms. Wayman asked that she not be evicted from her home. Anthony Green, Seacliffe Mobile Home Park homeowner, provided a brief history of his residency and experience at the park, and stated that he'll lose money if the park is closed. Further, he spoke against the method in which the closure impact report was delivered. Lance Hunter, Seacliffe Mobile Home Park homeowner, explained the difficulties of moving mobile homes to other parks. Hearing no further testimony, Mayor Webb closed the public hearing. Council Member Ridgeway requested that Mr. Chi's attorney inform Mr. Chi that these people must be dealt with fairly and in good faith. Motion by Council Member Ridgeway to adopt Resolution No. 2006 -22 approving the sufficiency of the Closure Impact Report; finding that the closure will have an adverse impact to homeowners; and require implementation of the mitigation measures proposed within the Report. Council Member Nichols asked if there are consequences to the City's affordable housing plan if the mobile home park is closed. Assistant City Manager Wood stated that the units do not need to be replaced since they are not within the coastal zone. 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 15. MARINA PARK MOBILE HOME PARK - CHANGE OF USE RELOCATION IMPACT REPORT - MELLO ACT - MITIGATED NEGATIVE DECLARATION. (731100 -2006] Using a PowerPoint presentation, Assistant City Manager Kiff provided background information on Marina Park, and displayed a site plan of the Marina Park complex. He explained that a series of leases from 1973 onward expressed the City's intent to transition Marina Park to a visitor - serving use. He provided information on who occupies the 58 spaces and stated that approximately 66 people live there. Assistant City Manager Kiff provided additional information on the formation of the Ad Hoc Marina Park Advisory Committee and the action by the City Council in June 2005, that directed staff to designate the use on the site as interim public Volume 57 - Page 581 City of Newport Beach City Council Minutes March 14, 2006 open space following the closure of the park. He also noted that State law requires the preparation of a relocation impact report prior to the closure of a mobile home park. He displayed the notices that were sent out announcing the public hearing being conducted at the current meeting. Assistant City Manager Kiff also briefly discussed the tenant and resource surveys that were done. Assistant City Manager Kiff highlighted the tenant entitlements included in the relocation impact report, and the value that the tenants have realized from paying below- market rents over time. He stated that staff believes that the relocation benefits included in the report are appropriate. He explained the provisions of the Mello Act and why staff does not believe that the units must be replaced. He further explained the environmental review that was done and the mitigated measures identified. Assistant City Manager Kiff displayed the key elements of the proposed resolution that is before the City Council at the current meeting, and the action that would follow if it is adopted. He then highlighted the concerns raised by the Marina Park tenants' counsel in a letter dated March 9, 2006, and staffs responses to those concerns. Council Member Selich asked if any of the actions before the City Council at the current meeting are subject to review by the Coastal Commission. Assistant City Attorney Harp responded in the negative. Assistant City Manager Kiff added that the actual demolition of the park would require permits. In response to Mayor Pro Tem Rosansky's question, Assistant City Manager Kiff explained that the site would be graded and maintained as turf until the use for the site is determined. In response to Council Member Nichols' questions, Assistant City Manager Wood explained that the City's mobile home park overlay does not apply to Marina Park. In response to Mayor Pro Tem Rosansky, she explained that the City's overlay zone only addresses the findings that the City Council must make before the zoning is changed, and that it was most likely not used for the Marina Park site because the long term use was not zoned as residential. In response to Council Member Curry's question, Barry McDaniel, Overland Pacific Cutler, stated that the benefits in the relocation impact report well exceed the requirements of State law. Mayor Webb opened the public hearing. George Kaelin, Endeman, Lincoln, Turek & Heater LLP, attorney representing the Marina Park Homeowners Association, listed what the relocation impact report should have addressed that it did not and stated that it is, therefore, inadequate and not sufficient. Further, he objected to the notice that was provided for the meeting, and stated that it should have included the Keyser - Marston study. He explained that any documents that the City Council will be relying on for its decision are required by law to be included with the noticing. Mr. Kaelin read from the Civil Code and referred to the tenants' leases. He stated that the tenants' rights to relocation benefits cannot be waived and are guaranteed under the Mobile Home Residency Law. Mr. Kaelin referred to his letter of March 9, 2006, and listed some of the other concerns addressed in the Volume 57 - Page 582 City of Newport Beach City Council Minutes March 14, 2006 letter. He stressed that there is no place to relocate the mobile homes and that the relocation cost included in the report is not reasonable. He confirmed that he did receive the City's supplemental staff report, dated March 14, 2006, responding to his letter. Mr. Kaelin stated that the City is a public entity, which means that the Uniform Public Relocation Assistance Act applies. He further noted that staffs interpretation of the Mello Act is incorrect and that the City will be in violation of the Mello Act if the staff recommendation is approved. He noted that the California Relocation Assistance law also applies with regard to the tenants being defined as displaced. Mr. Kaelin requested that the City send the relocation impact report back to Overland Pacific Cutler and have them redo it in accordance with the Uniform Relocation Assistance Act, and to prepare a report that truly mitigates the impacts of the closure on the tenants. He confirmed that the City has the right to close the park and agreed that the tenants have been informed of this, but stated that the closure must comply with the law. Assistant City Attorney Harp stated that his comments responding to Mr. Kaelin's are covered in his supplemental report and noted that he disagrees with many of Mr. Kaelin's interpretations of the law. Terry Dowdall, Dowdall Law Offices, stated that his report complies with Government Code and the Mobile Home Residency Law. He confirmed that his company did not believe that the tenants are displaced persons under the California Relocation Assistance law. John Rettberg, Marina Park resident and President of the Marina Park Homeowners Association, stated that the residents are being put in the position of having to file a lawsuit against the City. He stated that the report is biased and unfair. He provided a brief history of the leases at Marina Park and what the homeowners have been told by the City. Herbert Williams, Marina Park resident, described the research he did of other mobile home parks in the area and stated that none of them will accept older mobile homes. He provided additional details and comparisons, and requested that the tenants be allowed to remain at the park until a determination is made on the use of the site. John Dowden, Marina Park resident, requested that the relocation impact report be looked at again and that a report be prepared that is acceptable to both the City and the Marina Park residents. He expressed the problems that he, personally, will have if forced to relocate. Ira Goldberg, Marina Park resident, requested that the City Council not approve the relocation impact report. Shellee Deal, representing her mother Fran Spira, stated that there is no place for her mother to relocate and that the costs would be prohibitive. She requested that the City Council not approve the report. John Chase, Marina Park resident, stated that it would be a mistake to approve the change of use at the Marina Park site. Barbara Chase provided some personal information about her and her husband, and stated that the report is Volume 57 - Page 583 City of Newport Beach City Council Minutes March 14, 2006 unfair Irwin Albert, Marina Park resident, stated that it would be unfair to close the park and requested that the City Council not do so. Marshall Goldberg, Marina Park resident, requested that the City Council not close the park. Howell Tyson Jr., Marina Park homeowner, described the difficulties and financial impacts of requiring relocation. He requested that the City Council not approve the report. Pat Seymour, Marina Park resident, expressed the difficulties of requiring her to relocate her mobile home. She requested that the City Council not approve the report. George Grupe, Marina Park resident, suggested that the decision on Marina Park and other major City decisions not be made until the City Council is fully seated with elected members. Dede Nicholson, Marina Park resident, stated that relocating is not an option for her and her husband, and that the amount being offered in the report is not enough. She requested that the City Council reconsider the report and give them fair value for relocating. John McDaniel, Marina Park resident, expressed the difficulties that he would face if required to move. He requested that more research be done on the issue. Jeanne O'Bryan, Marina Park resident, discussed the difficulties associated with being required to move. She requested that the City Council not approve the report. Brian Vann expressed his concern for the report and the impacts that aren't addressed in the report that will affect all citizens of Newport Beach. Erin Kunkle, Marina Park resident, expressed the impacts that her family will experience if required to move from Marina Park. She requested that the City Council not approve the report. Sellers Stough, representing his grandparents who are Marina Park residents, spoke of the benefits that his grandparents enjoy living at Marina Park. He requested that the City Council consider what approving the report will mean. Beverley Shonholtz, Marina Park resident, stated that relocating her mobile home would be impossible. She stated that the relocation amounts are unfair and requested that the City Council not approve the current report. She suggested that additional research be done. Vin Komer, Marina Park resident, described the financial impact to his family if forced to relocate. He stated that the report is inadequate and requested that it not be approved. Lita Kunnel, speaking on behalf of her mother Velda Kunnel, stated that none of the mobile home parks in the area have availability. She expressed the Volume 57 - Page 584 City of Newport Beach City Council Minutes March 14, 2006 emotional devastation her mother and aunt, who also lives in Marina Park, will face if required to relocate. She requested that the City Council not approve the report. Patty Kunnel, representing her aunt, requested that the report be reconsidered. Tom Telliard, Marina Park resident, spoke in opposition to the closing of the park and stated that he was under the impression that it would not be closed if the hotel project was voted down, which it was. Dan Patterson, Marina Park homeowner, requested that the City Council look at the report further. Doug Kunnel, Marina Park resident, expressed his support for the site being converted to a park or open space, but stated that it's fiscally irresponsible for the City to lose the rent while a decision on the use of the site is being made. Lilly Marks, Marina Park resident, described the emotional and financial impacts of being required to relocate. She asked that the City Council not accept the report. Marilyn Pettett, Marina Park resident, stated that there's no place for her to move her mobile home. She asked that the City Council not accept the report. Jill Rebus, Marina Park homeowner, expressed dissatisfaction with the amount being offered for relocation, and stated that the relocation study is inadequate. He requested that the City Council not approve the report. Hearing no further testimony, Mayor Webb closed the public hearing In response to Council Member Ridgeway's questions, Assistant City Manager Kiff stated that the lease is very clear on the City's intent to close the park. Cal Hollis, Keyser- Marston, real estate advisors, explained how the value of a mobile home is affected by the length of a lease, and confirmed that short term leases lower the value. In response to Council Member Nichols' questions, Assistant City Manager Kiff stated that the City nets approximately $750,000 annually from Marina Park rental income and that the mobile home park is approximately three acres of the Marina Park site. Council Member Nichols noted that the Marina Park mobile home park seems to earn more per acre than the Balboa Bay Club. He stated that closing the mobile home park does not make sense, Council Member Daigle asked if the legal costs of the City fighting 57 individual lawsuits had been considered. Mr. Hollis stated that this had not been looked at by his firm. Council Member Ridgeway stated that the issue before the City Council is to determine what type of economic assistance is fair and reasonable. He agreed with many of the speakers who stated that the location of the park is irreplaceable and that the report is not fair. He also felt, however, that the homeowners in renewing their leases made poor business decisions, while at the same time, benefited substantially from subsidized rents. He noted that the lease clearly states that the park will be closed. He also expressed his concern for the Volume 57 - Page 585 City of Newport Beach City Council Minutes March 14, 2006 tidelands issue. In summary, Council Member Ridgeway agreed that the dollar amounts are inadequate, but stated that the City's intent to close the park has always been clear. Mayor Webb asked that a straw vote of the Council Members be taken to determine who is in support of closing the Marina Park Mobile Home Park and changing its use to interim open space. Deputy City Clerk Malkemus announced that all Council Members voted yes, with the exception of Council Member Nichols who voted no. Mayor Webb asked that a straw vote of the Council Members be taken to determine who finds the relocation impact report to be sufficient and in conformance with what is required under the Mobile Home Residency Law and Government Code. Deputy City Clerk Malkemus announced that all Council Members voted yes, with the exception of Council Member Nichols who voted no. Assistant City Attorney Harp confirmed that he believes that the relocation impact report is sufficient and in compliance with Government Code. Additionally, he explained that the City Council has the discretion to determine what mitigation measures should be imposed on the City to mitigate the impacts of closing the park. Mayor Pro Tem Rosansky suggested that an additional relocation option be offered to the tenants that would allow the sale of the owner's mobile home to the City at a percentage of the relocation benefit, and a specified period of free rent. He explained that it provides an option that might be appealing to some of the tenants. In response to Council Member Daigle's question, Assistant City Attorney Harp stated that it would be premature for the City to begin negotiations with the homeowners association prior to the City Council making a decision on the mitigation measures and what the homeowners will be paid. In response to Council Member Selich's question, he stated that approving the recommended action would commence the twelve month period leading up to the closure of the park. Motion by Mayor..PLo__Tem Rosansky to adopt Resolution No. 2006 -23 approving the Mitigated Negative Declaration; the sufficiency of the Relocation Impact Report; the mitigation measures proposed in the Relocation Impact Report, as amended to include a fourth option that would allow homeowners to sell their mobile homes to the City at 70% of the relocation benefit, plus receive six months free rent; the conversion of the mobile homes occupied by persons and families of low and moderate income to a non - residential use without requiring those dwelling units be replaced; and the closure of Marina Park. 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 Abstain: Council Member Nichols Mayor Webb recessed the meeting at 10:50 p.m Mayor Webb reconvened the Volume 57 - Page 586 City of Newport Beach City Council Minutes March 14, 2006 meeting at 11:00 p.m. with all Council Members present. Without objection, it was decided to take Item No. 12 out of order. 12. MODIFICATIONS TO RETIREE MEDICAL PROGRAM FOR EXISTING RETIREES. 1100 -20061 Mayor Webb recused himself from the item because he is a retired City employee. Assistant City Manager Wood summarized the information provided in the staff report. In response to questions by Council Member Nichols, Assistant City Manager Wood provided several clarifications on the program. Council Member Nichols expressed his concern that it will become a negotiating point for all employees in the future and would be setting a precedent. Assistant City Manager Wood stated that she would not expect the same request from the other associations. Motion by_Mavor Pro Tern Rosansky to approve both the modified program and the supplemental funding. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Council Member Ridgeway, Council Member Daigle Noes: Council Member Nichols Abstain: Mayor Webb K. PUBLIC COMMENTS - None L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Local Coastal Program Certification Committee - Council Member Ridgeway announced that the next meeting of the Committee will be held on March 21, 2006, at 3:30 p.m. in the Fire Conference Room. M. PLANNING- COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR MARCH 9, 2006. 1100 -20061 Assistant City Manager Wood reported that the Planning Commission looked at the draft housing element of the general plan update and recommended that the inclusionary requirement for affordable housing be reduced from 20% to 15 %. N. CURRENT BUSINESS 17. RENEWED MEASURE M - DRAFT TRANSPORTATION INVESTMENT PLAN AND LOCAL PROJECTS LIST. 1100 -20061 Council Member Curry stated that the Orange County Transportation Authority (OCTA) is currently soliciting comments for the renewal of the Measure M program. He expressed the importance of Measure M to the City, and Volume 57 - Page 587 City of Newport Beach City Council Minutes March 14, 2006 highlighted some of the key points made in the draft comment letter. Motion by Council_ Member Curry to authorize the Mayor to send the proposed comment letter to the Orange County Transportation Authority (OCTA) regarding the Draft Transportation Investment Plan and confirmation of local projects that the City of Newport Beach would like funded if Measure M is renewed by the voters. Council Member Nichols suggested that the improvement of Coast Highway through Corona del Mar be added to the program. Mayor Webb stated that this can't be done without a change to the circulation element of the General Plan. Substitute motion by Council Member Nichols to modify the comment letter to add the improvement of Coast Highway through Corona del Mar to the program. Motion died for lack of a second. Council Member Ridgeway suggested that the wording for the 19th Street bridge project be changed from "improve... bridge" to "construct... bridge ", since the bridge has not yet been constructed. Mayor Webb suggested that the redundant use of "proposed" in the first sentence of the water quality section be corrected. 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 Abstain: Council Member Nichols Council Member Curry requested that OCTA be invited to the City Council meeting on March 28, 2006, to respond to the comments in the letter. 18. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ADMINISTRATION. 1100 -20061 19. FY 2006 -2007 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC SERVICE APPLICATIONS. 1100 -20061 Motion by Council Member Rideeway to receive and file the reports for both Item Nos. 18 and 19. Assistant City Manager Wood noted that due to a reduction in funds, the competition for the CDBG grants will increase for the 2006 -2007 fiscal year. The City Council will need to consider whether everyone should be reduced by the same percentage or if some of the organizations should not be funded. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Volume 57 - Page 588 City of Newport Beach City Council Minutes March 14, 2006 O. ITEMS REMOVED FROM THE CONSENT CALENDAR. 10. BUDGET AMENDMENT - NEWPORT COAST COMMUNITY ASSOCIATION (NCCA) REIMBURSEMENT OF MAINTENANCE COSTS FOR PROPERTIES ALONG PUBLIC STREETS. 1100 -20061 Assistant City Manager Kiff stated that the money will reimburse the NCCA for median and parkway maintenance for a period of time that the City intended to perform the maintenance. Motion by Council Member Curry to 1) approve a budget amendment (06BA- 049) in the amount of $195,000 to the City Manager's Professional and Technical Account (0310- 80804) from unappropriated General Fund reserves; and 2) direct the City Manager to disperse funds in the amount of $195,000 to the Newport Coast Community Association (NCCA). 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. MOTION FOR RECONSIDERATION - None Q. ADJOURNMENT - at 11:25 p.m. The agenda for the Regular Meeting was posted on March 8, 2006, at 4:15 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 599