HomeMy WebLinkAbout01 - Minutes - 04-11-2006Agenda Item No.
Ap&it 25, 2006
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
April 11, 2006 — 4:00 p.m.
ROLL CALL
Present: Council Member Curry, Council Member Selich, Mayor Pro Tem Rnsky, Mayor Webb,
Council Member Daigle
Excused: Council Member Ridgeway, Council Member Nichols
Council Member Nichols joined the meeting at 4:15 p.m.. q
CURRENT BUSINESS All ,.
�t
1. CLARIFICATION OF ITEMS ON THE CONSENALENDAR.
Council Member Curry indicated that a correction to the minutes (Item 1) that he will
bring up during the evening meeting.nr,
In response to Council Member Dail
Compensation Third y Administ
n
the final determinate foi.the award
2. SANTA
4 (Contract for Workers
�r Farley explained how
was
RECREATION CENTER: AQUATIC FACILITY OPTIONS.
AssisLazt %City Ma t- `'ifi' ' 'zed a PwerPoint presentation to discuss the background of
the piolect the olvemen P'a Ana Heights (SAH) Project Advisory Committee
(PAC), the -A, an he City had in the project. He stated that Redevelopment Agency
(RDA) projects s_..ould b efit the project area but can also have benefits outside of the area
He highlighted e YMC urvey results, the design of the community center, the different
opinions for the oo1 size,,, e concept plan, and YMCA's current aquatic program and facility
Recr`�atVion " d Senior Services Director Knight discussed the City's recreation program
philosa e City's aquatics program, the joint use agreement with the Newport -Mesa
UnifietT l Distric t to use the pools at the Marian Bergeson Aquatic Center and at
Newport Harbor High School, the scheduling issues for those pools, and the use of the pools
at Bayside Village, the Newport Dunes, and the Newport Beach Tennis Club. She also
reported on the City's recreational aquatic needs, the desire by swimmers to have more swim
time and lanes, especially during weekday mornings and lunch hours, and the pool depth
necessary to provide youth swim classes.
Don Jacobs, Principal of JZMK Partners, discussed the concept plan which includes a zero -
depth children's splash park, a therapeutic heated pool, and variations of the lap pool. Mr.
Kiff noted that a 50 meter competition pool does not have a shallow end that could be used
for swim lessons, but a 50 meter non - competition pool can be designed to accommodate long
Volume 57 - Page 607
City of Newport Beach
Study Session Minutes
April 11, 2006
swims and swim lessons.
Randy Mendioroz, aquatic designer, discussed the common pool sizes and displayed photos of
the different pool sizes, a slide of the competition capabilities by pool size, and renderings of
what the site impact would be for each pool size. He compared the infrastructures needed
for each pool size and emphasized how the pool deck footprint, spectator seating, parking
requirements, construction cost, and annual operating costs increase as the pool size
increases. He noted, however, that spectator seating is optional. He also reported on the
different water depths and temperatures needed for competition and recreation pools. He
explained that, in order to get everything in one pool, compromises will need to be made. He
discussed what moveable bulkheads are and how lane lines could also be unto allocate
pool space. He reported that competition -only facilities recover about 50% ta�r.% of its costs,
competition/recreation facilities recover about 70% to 80 %, and recreat' Vonly facilities can
typically break even or make money.
Ron Baers stated that master swimming is very popular in the'City. He t6a issue with not
being ble to use the locker rooms at Corona del Mar
g gh School for ove 10 ears. He
believed that there is opportunity to enhance the ilitynd pool times call the He
facilities and that a 50 meter pool gives maxim exibiliWfor the future. I
Craig Bluell, head coach of the YMCA Orange N nt
swimming group, stated that the parents are requests
meters a majority of the time, they h r o desire to
and they do not want a competition p ' : "y' elieved tb
amount of service space provided. He epor nthat the
facility to have a regional draw and i
space in the Newport -Me0a area, but i
swimming facilities4ere by priorities
a 50 meter pool'and urged Council tc
consider consActing a §0 meter pool f
that
survey. He
swim team and YMCK master
50 meter pool, the pool will be 25
ude anyone from using the pool,
�a 25 meter pool is small for the
4t�sdrd of Supervisors directed the
sa°$as the only municipal water
s He reiterated that aquatics and
scussed the advantages of having
have the warm water pool for the seniors and
future needs of the community.
Barba.�a, zia P C "Ch eat discu #ted the initial scope of the community center and
ex�itp{hasize at thiacihty has erate in the black. She indicated that every party
involved supp s ha% ng either a 25x25 or 25x30 pool, there was no previous mention
of constructing ii - -50 me£e, pool, a 50 meter pool does not fit in the space provided, parking
would be an issue, and ti}e surrounding community does not want an aquatic center. She
'added that th(41an for t9e community center changes drastically if you increase the pool
i4w. She stag that the PAC and the local community will not support any plan over $18
million, RDA=, money cannot pay for the deficit, this would be fiscally irresponsible if the
citiz ' s of lwport Beach had to pay for it, and the PAC may be reevaluating its support for
the p depending on what Council decides.
Robert Hanley stated that he lives in West Santa Ana Heights. He believed that the PAC
does not represent the residents and that the PAC would lose if this were put to a vote.
Art Wonlon, CEO and YMCA President, expressed concern that the size of the locker rooms
will need to be increased if the pool size is increased. He indicated that they cannot support
the operating costs for a 50 meter pool. He stated that they will support whatever the
community and surveys want. He noted that this plan has been in discussions for three
years, they would like to move forward, and there will be no cost to the City with the current
plan since the fitness facility will generate revenue to offset other costs.
Shirley Conger, YMCA member since 1971, stated that she uses the lap pool and therapeutic
Volume 57 - Page 608
City of Newport Beach
Study Session Minutes
April 11, 2006
pool, and believed that there is room for both at the new facility.
Kathy Anderson stated that the senior YMCA members are concerned with having
a competition pool, noting that the priority is to have swim lessons and the therapeutic pool.
She noted that the 180 seniors would give up their membership, which equates to about
$97,000 a year, if the therapeutic pool is removed from the plan.
Charlie Ganbetta, reading a letter from PAC Member Rick Dayton, provided a background of
the project and reported that both surveys concluded that the community wants more
swimming /aquatic facilities and programs, senior programs, fitness and recreational
facilities, banquet rooms, and classrooms. He noted that Mr. Bluell and A istant City
Manager Kiff indicated at the town hall meeting that most lap swimmers,lt efer 25 meter
pools.
Tim Stokes, YMCA Board Member and PAC Member, believe at ' rger pool would
impact the area and that the plan is changing to no longer bem mmunity= ter.
George Robertson discussed the difficulty in getting p, 'time He believed fl;;at everything
can be offered in a 50 meter pool and suggested roti oving a splash park fro' hhe plan if
more space is needed. 4,j% _m
Mary Slocum believed that the three pool concept is Oetter fit for the community and that
the water temperature cannot be r ulated in a 5 meter pool. She noted that the
community already provided input and t the PAC wl not support constructing a 50
meter pool. s s
Beverley Shonhotz expressed her support of PACs view oin and suggested building a 50
meter pool someplace }ei . She stated -Ithatahe curren' essing rooms are too small and
suggested regulating theupool times so tmaster swimmers can still use the facility, but at
different timea�han the Seniors.
for a 2fl,meter lap pool and for the therapeutic deep water
Susan Stark e " ressedupport for constructing the 50 meter pool as she believes it could
work for everyo a and proyide for recreational uses.
Clementlieved that the YMCA won't be able to facilitate the new memberships and
time for veryone if it has a 50 meter pool.
Tom Edso suggested that the City utilize pool spaces more effectively and spread the
inter more pools, rather than concentrating it on this site. He indicated that it is
difficuYto make a pool compatible for every use. He suggested looking at Laguna Beach's
contract for the use of the high school facility that is open for swimming 10 -hours a day. He
noted that there is no access to the Newport Harbor and Corona del Mar High School pools
during the week from 9:00 a.m. to 2:00 p.m. and on Saturday and Sunday from noon to 5:00
p.m. when the pools are empty and there's no scheduled competitions. He also suggested
moving programs around to accommodate the interests of the Santa Ana Heights
community.
Arlene Motis discussed the benefits of the therapeutic deep water pool, expressed her desire
to continue to have one at the YMCA, and recommended making it wheelchair accessible.
Volume 57 - Page 609
City of Newport Beach
Study Session Minutes
April 11, 2006
Mike Smith expressed support for constructing a 25x25 or 25x35 pool due to the cost.
Dolores Otting stated that she wished the slide presentation was available to the public and
that the meeting started at 3:30 p.m. She emphasized that the community center is also
supposed to service the needs of the seniors. She believed that, if the City needs an aquatic
center with a 50 meter pool, it should consider constructing it at the closed Coyote Canyon
Landfill site.
Rhonda Borth stated that she and her children get their exercise by swimming at the YMCA
and expressed support for the 50 meter pool so more people can reap the benefits of
swimming.
Without objection, Council Member Daigle suggested that the Council McAers on the City
Council Ad Hoc Santa Ana Heights Community Center Committee m ith staff and bring
back a recommendation to Council. '°
Mayor Webb indicated that the City may not want a comp ff'tion pool; how r, it may need
a pool that's bigger than 25x25. He stated that it sougds l�he communit� ter should
have a pool mainly for recreational pool use, senior,p ogra nd youth swimm
PUBLIC COMMENTS -None
ADJOURNMENT - 5:55 p.m.
The agenda for the Study Session vas `_ .. ted on Ap5, 2006, at 3:10 p.m. on the
City Hall Bulletin Board located outs di.. of the`a=City of Newport Beach
Administration Building. a _�� =3 ;_ V
City Clerk
Recording Secretary
Mayor
Volume 57 - Page 610
CITY OF NEWPORT BEACH
City Council Minutes DRAFT
Regular Meeting
April 11, 2006 — 7:00 p.m.
STUDY SESSION - 4:00 p.m.
CLOSED SESSION - 6:00 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 Daigle, Council Member Nichols
Excused: Council Member Ridgeway
C. CLOSED SESSION REPORT - None
D. PLEDGE OF ALLEGIANCE - Council Member Rosansky
E. INVOCATION - Council Member Curry
F.
City Manager Bludau shared the news that the 111 Marine Division suffered its first
casualties and lost two men over the weekend.
Presentation of plaque to former Council Member/Mayor John Heffernan. Mayor
Webb presented a five -year pin and plaque to former Council Member Heffernan,
acknowledging his five years of service to the City.
Relay for Life Presentation. Anna Lisa Biason announced that the 5th Annual Relay for
Life event to raise money for the American Cancer Society, would be taking place from 10:00
a.m. on May 20th to 10:00 a.m. on May 21st. Additional information can be obtained by
accessing their website at www.acsevents.org /relay /ca /newportbeach, She introduced
Andrea Waite from American Yacht Charters and announced that the 2nd Annual Cruise
for a Cure, would be taking place on April 30th from 12:00 noon to 3:00 p.m. Ms. Waite
stated that American Yacht Charters is pleased to be donating the Yacht Endeavor for the
event and invited everyone to attend.
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS TSQR.MATTERS WHICH COUNCIL MEMBERS
iIIOULD LIKE PLACED ON A FUTURE_AGENDA FOR DISCUSSION. ACTION QR
REPORT (NON- DISCUSSION ITEM).
Council Member Curry personally acknowledged former Mayor Heffernan and thanked him
for his service to the community.
Volume 57 - Page 611
City of Newport Beach
City Council Minutes
April 11, 2006
Council Member Curry announced that he attended a public finance conference in San
Francisco the week prior and learned more about the use of eminent domain. He noted that
the City Council will consider taking action on the matter later in the current meeting, Item
No. 16. Among the proposals at the State level to address the issue of eminent domain, is
the Protect our Homes initiative. He requested that the City Attorney consider the impact of
the Protect our Homes initiative in conjunction with the Greenlight II initiative, as a part of
the fiscal impact analysis currently being done on the Greenlight II initiative.
Mayor Pro Tem Rosansky announced that the Newport Beach Film Festival will be taking
place from April 20th - 30th at multiple venues throughout the City.
Council Member Daigle stated that the Marion Bergeson Aquatics Center is in need of
refurbishment and announced that there is a community fundraising effort currently
underway. She requested that the City Council consider pledging $290,000, as a part of the
upcoming budget, to match the community contributions. Secondly, she requested that the
City's 29% usage of the pool be maintained.
Mayor Webb announced that there are 143 days until the City's 100th birthday; and he
shared a "Centennial moment ".
CONSENT CALENDAR
READING OF MIN TIONS
MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF
MARCH 28, 2006. Waive reading of subject minutes, approve as amended and
order filed.
Council Member Curry requested that on page 594 of the regular meeting meetings
that his request regarding eminent domain be corrected to read, "which
excludes eminent domain for private purposes ".
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.
RESOLUTION FOR ADOPTION
3. RESOLUTION REGARDING DISABILITY RETIREMENTS OF CITY OF
NEWPORT BEACH EMPLOYEES; AND INDUSTRIAL DISABILITY
RETIREMENT DETERMINATIONS OF LOCAL SAFETY EMPLOYEES WHO
ARE MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
(PERS) AND RESCINDING RESOLUTION NO. 95 -138. [100 -20061 Adopt
Resolution No. 2006 -27 delegating authority to the City Manager to act on behalf of
the City with regard to disability retirements of city employees; establishing a
procedure for industrial disability retirement determinations of local safety
employees who are members of PERS and rescinding Resolution No. 95 -138.
CONTRACTS AND AGREEMENTS
4. CONTRACT FOR WORKERS COMPENSATION THIRD PARTY
ADMINISTRATION (TPA) SERVICES (C- 3040). [381100 -20061 Approve the
contract for Workers Compensation Third Party Administrator (TPA) services with
Volume 57 - Page 612
City of Newport Beach
City Council Minutes
April 11, 2006
Hazelrigg Risk Management Services (HRMS) which continues a joint agreement to
provide TPA services for the self- insured workers compensation programs for Cities
of Newport Beach and Costa Mesa for the initial term of April 1, 2006 to December
31, 2006 with the option for two -one year extensions.
5. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR
PREPARATION OF CEQA DOCUMENTS FOR A PROJECT ON WEST
COAST HIGHWAY AT DOVER DRIVE (C- 3712). [381100 -2006] 1) Approve an
Amendment to the Professional Services Agreement with RBF Consulting of Irvine
for additional work required in conjunction with preparation of an Initial Study and
Mitigated Negative Declaration for an additional amount not to exceed $5,795; and
2) authorize the City Manager to sign the agreement.
6. PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT PLANNING
SERVICES (C- 3833). [381100 -2006] 1) Approve a Professional Services
Agreement with Hogle- Ireland, Inc. of Irvine for contract planning services in an
amount not to exceed $266,400; 2) authorize the City Manager to sign the
agreement; and 3) approve a budget amendment (06BA -057) increasing revenue
estimates in 2700 -5003, Zoning and Plan Review Fees, by $150,000 and increasing
expenditure appropriations in 2710 -8080, Professional and Technical Services by
$180,000 (the remaining $30,000 will come from the General Fund unappropriated
fund balance).
7. PACIFIC COAST HIGHWAY (PCH) IMPROVEMENTS FROM MORNING
CANYON TO CAMEO SHORES - COMPLETION AND ACCEPTANCE OF
CONTRACT (C- 3435). [381100 -2006] 1) Accept the work; 2) authorize the City
Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor
and Materials bond 35 days after the Notice of Completion has been recorded in
accordance with applicable portions of the Civil Code; 4) release the Faithful
Performance Bond one (1) year after Council acceptance; and 5) approve a budget
amendment (06BA -058) transferring $11,000 from the Unappropriated Circulation
and Transportation Fund to PCH Improvements from Morning Canyon to Cameo
Shores Construction Account 7261- C5100650.
8. PROFESSIONAL SERVICES AGREEMENT TO PREPARE AN
ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE HYATT REGENCY
NEWPORT BEACH EXPANSION (C- 3834). [381100 -2006] 1) Approve a
Professional Services Agreement with The Planning Center of Costa Mesa for
professional environmental services to prepare an EIR for an amount not to exceed
$135,565; and 2) authorize the City Manager to sign the Agreement.
9. CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WEC
CORPORATION (C- 3835). [381100 -2006] 1) Approve a Professional Services
Agreement with WEC Corporation of Placentia for construction management and
inspection services at a contract price not to exceed $45,000 and authorize the Mayor
and the City Clerk to execute the Agreement; and 2) approve a budget amendment
(06BA -059) transferring $45,000 from salary savings in the Engineering Division
(5100 -7000) and transfer the funds to Engineering Division Services Professional
and Technical Account 5100 -8080.
Volume 57 - Page 613
City of Newport Beach
City Council Minutes
April 11, 2006
MISCELLANEOUS
10. BUDGET AMENDMENT - CONTRACT CLASSES. [100 -2006] Approve a
budget amendment (06BA -056) to increase the Revenue and Expenditures Accounts
due to increased registration, increased fees, and new contract classes, which require
additional payments to instructors.
11. APPROVAL OF NEWPORT BEACH FILM FESTIVAL 13ANNERS -
ENCROACHMENT PERMIT N2006 -0147. [100 -2006] Conditionally approve the
request of Display City, Inc. for the installation of 40 banners on 20 street light poles
from April 12, 2006 to April 30, 2006 for the annual Newport Beach Film Festival
(installation will be along Newport Center Drive East(West).
Regarding Item No. 8 and at the request of Council Member Nichols, City Manager Bludau
stated that the Hyatt Regency proposes to expand by adding 88 new timeshare units, a new
24,387 square foot ballroom, a 10,072 square foot spa, and two -level parking garage, with
the implementation of the project requiring the demolition of 12 villas and the existing 3,190
square foot ballroom and the elimination of the executive golf course.
Motion by, MaY_or_ Pro Tem Rosansky to move affirmative action of the Consent
Calendar, noting the amendment to Item No. 1.
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
Absent: Council Member Ridgeway
J. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
K. _P_UBLIC HEARINGS
12. SOBER LIVING BY THE SEA - USE PERMIT NO. 2005 -031, OFFSITE
PARKING AGREEMENT NO. 2005 -005 (C- 3836), MODIFICATION PERMIT
NO. 2005 -133 - 2811 VILLA WAY (PA 2005 -136). 1381100-20061
Motion by Mayor Pro Tem Rosansky to continue the item to May 23, 2006.
City Attorney Clauson explained that the item was agendized as the result of an
appeal by the applicant of a decision by the Planning Commission, and that the
applicant has agreed to give the City additional time to look at the issues before a
final determination is made by the City Council.
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
Absent: Council Member Ridgeway
13. JUSTICE ASSISTANCE GRANT. [100 -2006]
Police Lieutenant Tom Gazsi provided a brief staff report and responded to
questions of the City Council.
M-0 by Mayor Pro Te—mRosansky to accept funding of the Crime Prevention
Volume 57 - Page 614
City of Newport Beach
City Council Minutes
April 11, 2006
Program under the provisions of the United States Department of Justice, Justice
Assistance Grant 2006- F2899- CA -DJ.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky,
Mayor Webb, Council Member Daigle, Council Member Nichols
Absent: Council Member Ridgeway
14. GENERAL PLAN UPDATE: DRAFT ENVIRONMENTAL IMPACT REPORT
AND HARBOR AND BAY, HISTORICAL RESOURCES, RECREATION, ARTS
AND CULTURAL, NATURAL RESOURCES, SAFETY, AND NOISE
ELEMENTS. [681100 -2006]
Assistant City Manager Wood referenced the staff reports and handouts, and
explained that they include the revisions made by the General Plan Advisory
Committee (GPAC), the Planning Commission and the City Council, as well as the
resulting draft language for each policy. She announced that the draft General Plan
is currently available in the Planning Department and City libraries, or can be
accessed at www.nbvision2025.com. She noted the latest handout, which
showed the changes made by the Planning Commission at their meeting on April 6,
2006. Using this document, she began the review of the elements by explaining the
changes made by the Planning Commission to the Harbor and Bay Element.
Council Member Curry confirmed that a consensus was reached between the
Planning Commission and the Harbor Commission on the issues associated with the
Harbor and Bay Element. A general discussion and clarifications followed. Harbor
Commission Chairman John Corrough specifically clarified that "temporary" was
removed from the title of Policy HB 5.5, Temporary Rental of Moorings, to eliminate
the redundant use of the term in the policy. Mayor Pro Tern Rosansky suggested
that "temporary" remain in the title, and it was the consensus of the Council to do
so.
Assistant City Manager Kiff expressed staffs belief that the current practice 01
making a private profit off the transfer of moorings from one individual to another is
not an appropriate activity to occur on public tidelands. He stated that the language
proposed by the Harbor & Planning Commissions for Policy HB 5.6, Mooring
Transfers, does not support this belief, and he recommended that the language
previously approved by the City Council be retained. Council Member Selich asked
what the practice is in other harbors on mooring transfers. Assistant City Manager
Kiff stated that it varies, but that he has received some sample ordinances that the
City could use.
Harbor Commission Chairman Corrough stated that the Harbor Commission
believes that their recommended language is adequate to accomplish what staff
desires.
Carter Ford stated that the current waitlist system is not a functional way to
reassign mooring permits. He referred to the letter in the agenda packet from the
Harbor Commission, and expressed his support for allowing mooring permits to be
transferred. He asked that the City Council support the language recommended by
the Planning and Harbor Commissions. In response to Mayor Pro Tern Rosansky's
question, Mr. Ford stated that he has personally transferred between ten and
Volume 57 - Page 615
City of Newport Beach
City Council Minutes
April 11, 2006
twenty mooring permits during the past five years
Xavier Victor Peniche Fuentes stated that there should be a law to dispose of boats
that are not used for a specified period of time.
Bill Moses expressed his support for the recommendation of the Harbor and
Planning Commissions, and stated that the language being recommended by staff is
inappropriate for a General Plan document. He spoke in opposition to the waitlist
system.
Seymour Beek stated that this matter only became an issue when GPAC started
changing the wording in the Harbor and Bay Element. He stated that the current
system works, and expressed his opposition to a waitlist system.
Mark Sites spoke in support of the transfer system.
Glen Twitchell spoke in opposition to the waitlist system, and in support of the
current system and the recommendation of the Harbor Commission.
Monica Twitchell spoke in support of the transfer system, and the recommendation
of the Harbor Commission.
Chuck South spoke in support of the transfer system and the ability to select who
the mooring will be transferred to. He expressed opposition to the waitlist system.
Harbor Commission Chairman Corrough, speaking on behalf of himself and Harbor
Commissioner Tim Collins, stated that the issue has been among the top five on the
priority lists of both the Harbor Committee and Harbor Commission, since their
inception. He asked for the City Council's support of the Harbor Commission's
recommendations throughout the Harbor and Bay Element.
Council Member Selich stated that the City Council should support the
recommendations of the Harbor and Planning Commissions. He felt that the
language recommended by staff for Policy HB 5.6 is too specific and restrictive for a
General Plan. Council Member Curry suggested some changes to the wording
recommended by staff and then agreed to support the recommendation of the Harbor
Commission. With Mayor Webb and Council Member Nichols expressing support for
the Harbor & Planning Commissions' recommendation, and Council Member Daigle
and Mayor Pro Tem Rosansky expressing support for staffs recommendation, it was
the majority consensus of the Council Members to support the Commissions'
recommendations.
Assistant City Manager Wood continued with her outline of the changes
recommended by the Planning Commission. Assistant City Manager Kiff noted the
proposed language recommended by staff included in the document for Policies HB
7.2 and 7.3, management of the upper bay marine park and nature preserve. It was
the consensus of the Council Members to support the recommendation of staff.
In response to Mayor Pro Tem Rosansky's concern, City Attorney Clauson suggested
that the word "limit" replace the word "prohibit" in Policy HB 8.23 regarding the
feeding of animals in the bay. It was the consensus of the Council Members to
support the recommendation.
City Attorney Clauson suggested that the title of Policy HB 12.4 be changed to,
Volume 57 - Page 616
City of Newport Beach
City Council Minutes
April 11, 2006
"Tideland Permit Fees" and that the language be changed to reflect that the City
would receive full cost recovery for permit processing.
Laurie Kiesser, Newport Bay Naturalists and Friends, encouraged the City Council
to support the staff recommendation for Policies HB 7.2 and 7.3.
Xavier Victor Peniche Fuentes expressed his support for allowing everyone to have
access to the bay.
Dr. Jan Vandersloot suggested that the name of the Upper Newport Bay Ecological
Reserve not be changed to Upper Newport Bay State Marine Park until it is actually
changed by the State Department of Fish and Game.
Monica Twitchell noted that Policy HB 12, 1, Tideland Revenue, refers to the
moorings in the bay, as well as private piers and residential docks.
Assistant City Manager Wood outlined the changes recommended by the Planning
Commission to the Historical Resources Element. Mayor Webb stated that he would
be providing some historical clarifications to Assistant City Manager Wood for
incorporation into the document. He received the consensus of the Council Members
to do so.
Assistant City Manager Wood began the discussion of the Recreation Element by
stating that the standard in the City, for many years, has been five acres per 1,000
persons for park dedication. She noted that the Planning Commission has
recommended that a different standard for higher density residential be considered,
and she noted that one acre of parkland per 1,000 residents has been added to Policy
R 1.1 to address such development. Mayor Webb suggested that the added language
be deleted. It was the consensus of the Council Members to support the
recommendation of the Mayor. Assistant City Manager Wood continued with her
review of the changes recommended by the Planning Commission to the Recreation
Element, and provided clarifications in response to questions of the Council
Members.
Following discussion regarding Policy R 1.3, Mayor Pro Tem Rosansky suggested
that the recommendation of the Planning Commission to make the language less
specific as to when developers would get credit for any onsite open space
development for open space projects not be supported. It was the consensus of the
Council Members to support Council Member Rosansky's recommendation.
Planning Director Temple provided additional clarification on the City's park
dedication ordinance and the proposal to give credit for onsite recreational
facilities within residential communities.
Dr. Jan Vandersloot received clarification on Policy R 1.9, Passive Parks, and the
concerns raised by the Planning Commission regarding the policy.
Xavier Victor Peniche Fuentes stated that when recreation turns private, only
privileged individuals, not the public, are allowed to participate.
Carol McDermott suggested that a level of credit be provided for private recreational
amenities and open space. Secondly, she agreed with the Planning Commission that
a different standard for park dedication should be considered for higher density
residential development. She also agreed with the Planning Commission
Volume 57 - Page 617
City of Newport Beach
City Council Minutes
April 11, 2006
recommendation to make the language in Policy R 1.3 less specific
Phillip Bettencourt, GPAC member, also suggested that a level of credit be given for
private open space and recreation facilities, particularly for the higher density
developments.
Assistant City Manager Wood shared the comments received at the General Plan
public workshop, held on April 1, 2006, regarding the Recreation Element.
Assistant City Manager Wood outlined the changes recommended by the Planning
Commission to the Arts and Cultural Element. She also shared the comments
received at the April lst public workshop regarding this element.
Xavier Victor Peniche Fuentes stated that he'd like to submit a plan to the City on
how to artistically improve the outdoors in Newport Beach. Mayor Webb suggested
that Mr. Fuentes contact a member of the City Arts Commission with his ideas.
Assistant City Manager Wood referred to the information provided in the staff
report regarding the Natural Resources Element and outlined the changes to the
element recommended by the Planning Commission.
Mayor Webb suggested that language be added to clarify the difference between the
Newport oil field and the West Newport oil field. He also requested that the
language in Policy NR 3.5 be corrected to read, "storm drain system ". In regard to
Policy NR 14.4, he suggested that the language be amended to define the wetland
capacity as the capacity after restoration. In Policy NR 14.5, New Structure Design,
he suggested that it be reworded so that piers, docks or other such facilities are not
prohibited. Mayor Webb requested that Policies NR 19.1 and NR 19.3 be reworded
so that the City would be allowed to continue operating its 16 wells.
At the request of Council Member Curry, Assistant City Manager Wood explained
why "environmentally sensitive areas" was changed to "environmental study areas ".
Dr. Vandersloot expressed his disagreement with making the wording change, as
just outlined by Assistant City Manager Wood, and suggested that the
environmental impacts of making the change be examined in the General Plan
Environmental Impact Report (EIR). In response to Council Member Daigle's
question, Assistant City Manager Wood stated that she didn't believe the EIR would
address the name change.
Xavier Victor Peniche Fuentes stated that the issue is the sensitivity of the animal
kingdom versus human habitat, and noted that the community is polluted and the
misuse of substances can be harmful to the public.
Mayor Webb recessed the meeting at 9:50 p.m.
Mayor Webb reconvened the meeting at 10:00 p.m. and with the exception
of Council Member Ridgeway, all Council Members were present.
In response to Mayor Webb's concern, Assistant City Manager Wood suggested that
the sentence in the storm surge context of the Safety Element regarding the dollar
amount of damage from a 1939 tropical storm be deleted.
Assistant City Manager Wood explained and outlined the changes recommended by
Volume 57 - Page 618
City of Newport Beach
City Council Minutes
April 11, 2006
the Planning Commission to the Safety Element. Public Works Director Badum
stated that beach replenishment applies to Policies S 1, S 2, and S 3, and
recommended that the three policies be combined. It was the consensus of the
Council Members to do so.
Assistant City Manager Wood provided clarifications regarding the Noise Element
in response to questions by the Council Members.
At the request of Council Member Daigle, Assistant City Manager Wood explained
the difference between the information provided in Table N2, Land Use Noise
Compatibility Matrix, and Table N3, Noise Standards. Council Member Daigle
suggested that a similar explanation be included in the context of the Noise Element
to make the document more user friendly. Additionally, at the request of Council
Member Daigle, Public Works Director Badum stated that he would look into the
funding opportunities for barrier construction as addressed in Policy N 2.6.
Mayor Webb expressed his understanding that the Noise Element is still being
revised, and suggested that Policy N 1.1, Field Surveys for New Development, be
modified to only require noise studies in problem areas. Assistant City Manager
Wood confirmed that the contour maps are being revised and suggested that the
language in Policy N 1.1 be changed to require studies only for projects that require
environmental review. It was the general consensus of the Council Members to
support the suggestion. Further, Assistant City Manager Wood confirmed for
Council Member Nichols that the information provided in the Noise Element is
consistent with that provided in City codes.
Assistant City Manager Wood noted that the comments received from the Airport
Land Use Commission and the John Wayne Airport have been incorporated into the
Noise Element, and need to be included in the General Plan if the City is going to be
found a consistent agency. Council Member Daigle stated that she'll address her
remaining concerns that she has with Bob Burnham and come back to the City
Council with any proposed changes. Assistant City Manager Wood further
confirmed that the Airport Land Use Commission is in the process of reviewing
the draft General Plan and may submit additional comments. At the request of
Council Member Daigle, Planning Director Temple confirmed that staff will attempt
to receive in writing from the Airport Land Use Commission what it means to be a
consistent agency.
Xavier Victor Peniche Fuentes explained that there is not an accurate device that
measures sound. He also briefly discussed the noise from vehicles and sirens, and
shared his thoughts regarding the consistent agency issue.
L. PUBLIC COMMENTS
Nancy Gardner, Orange Coast River Park Committee member, thanked the City for its
support of the park, and stated that the winner of a student contest to develop the design for
the several entry ways to the park will be announced on April 29th at an event taking place
at Fairview Park from 11:00 a.m. to 2:00 p.m.
Xavier Victor Peniche Fuentes stated that every city should own the media that gets
distributed in their city. Secondly, he asked how he could form his own political party.
Mayor Webb suggested that he contact the political science department at Orange Coast
College.
Volume 57 - Page 619
City of Newport Beach
City Council Minutes
April 11, 2006
M. ORAL REPORTS FROM _CITY COUNCIT1 ON COMNt TEE ACTIVITIES
Ad Hoc General Plan Update Committee (GPUC) - Council Member Selich reported
that the Committee did not meet since the previous City Council meeting.
Local Coastal Program Certification Committee - Mayor Webb reported that the
Committee is meeting every other week and working on the implementation plan.
Newport Coast Advisory Committee - Council Member Curry announced that the bids
for the Newport Coast Community Center, as well as an agreement on the park
dedication, should be presented to the City Council at the April 25, 2006, meeting.
Mariners Joint Use Library Ad Hoc Steering Committee - Mayor Webb announced
that the grand opening of the library will be taking place on April 20, 2006, at 11:00 a.m.
City Centennial 2006 Committee - Mayor Webb stated that the Committee is continuing
to meet.
City Council/Citizens Ad Hoc Committee for Marina Park Planning no report.
City Council Ad Hoc Marina Park Advisory Committee - no report.
City Hall Site Review Committee - Council Member Selich reported that the Committee
is continuing with its review of potential sites, and that there are only a couple of sites
remaining on the list.
Facilities Finance Review Committee - Mayor Webb reported that the Committee is
putting together its final recommendations and has nearly finished looking at the various
different financial aspects of funding facility improvements.
N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
15. PLANNING COMMISSION AGENDA FOR APRIL 6, 2006. [100 -20061
Planning Director Temple reported on the following Planning Commission items: initiation
of a code amendment to Chapter 20.65 (Height Limits); Thirtieth St. Architects, Inc. - 2961
Cliff Drive; Steadfast Investment Properties - 4343 Von Karman Avenue; Pendragon North
America - 2101 Dove Street; and review of the General Plan update.
O. CURRENT BUSINESS
16. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ADDING CHAPTER 1.35 TO THE NBMC LIMITING THE USE OF
THE CITY S POWER OF EMINENT DOMAIN. (100 -2006]
City Attorney Clausen provided a brief staff report and stated that the proposed
ordinance was prepared at the request of Council Member Curry.
Council Member Curry stated that the Kelo u. City of New London
decision has opened a public debate on the rights of government to condemn,
by eminent domain, private property and turn that property over to another
private party for purposes of development. He stated that it is important that the
City establish, in law, a firm policy in opposition to such takings. He stated that the
proposed ordinance would provide protection to Newport Beach residents, and noted
Volume 57 - Page 620
City of Newport Beach
City Council Minutes
April 11, 2006
that similar efforts are being done elsewhere in California
Mo_tion... by .Council Member_ Curry to agendize the proposed ordinance for
introduction at the City Council meeting of April 25, 2006; and direct the City
Attorney to report back to the City Council, in advance of the deadline for placing a
Charter amendment on the November 2006 ballot, with options for the Council's
consideration.
Skip Jackson provided the history on the use of eminent domain in Santa Ana
Heights, and expressed his support for the proposed 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 Daigle, Council Member Nichols
Absent: Council Member Ridgeway
P. MOTION FOR RECONSIDERATION - None
Q. ADJOURNMENT at 10:55 p.m.
The agenda for the Regular Meeting was posted on April 5, 2006, at 3 :10 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 621