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HomeMy WebLinkAbout01 - Minutes - 3-28-06City Council Meeting April 11, 2006 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session March 28, 2006 — 5:00 p.m. ROLL CALL DRAFT Present: Council Member Curry, Council Member Selich, Mayor Webb, Council Member Ridgeway, Council Member Daigle Absent: Mayor Pro Tern Rosansky, Council Member Nichols (Mayor Pro Tern Rosansky and Council Member Nichols both arrived later in the meeting) CURRENT BUSINESS CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Council Member Curry's question regarding Item No. 4, Formation of the Media & Communications Committee, Assistant City Manager Kiff reported that the agreement with Cox Communications will be presented to the proposed committee in approximately two months and the agreement with Adelphia in four to six months. Both agreements will be presented to the City Council for final approval. In response to Council Member Curry's question regarding Item No. 8, Newport Coast Flow and Water Quality Assessment, Assistant City Manager Kiff explained the sources of the water runoff in the Newport Coast watershed. Council Member Nichols joined the meeting at 5:05 p.m. In response to Council Member Nichols' question regarding Item No. 8, Public Works Director Badum explained that the tests will occur in the Pelican Point area. Assistant City Manager Kiff stated that similar tests are also being conducted in Buck Gully, although not to the extent that is being proposed for Pelican Point. Mayor Webb noted a correction to Item No. 19, Mayor Appointments, which was to change the member being replaced on the CoastaltBay Water Quality Citizens Advisory Committee from Council Member Selich to Council Member Rosansky. In response to Council Member Nichols' question regarding Item No. 18, Costa Mesa Westside General Plan Amendment (GPA), Assistant City Manager Wood explained why the matter wasn't reviewed by the Environmental Quality Affairs Committee (EQAC), and stated that the GPA doesn't include a change to the circulation element or the master plan of arterial highways. 2. MEASURE M PRESENTATION BY OCTA. 1100 -20061 Council Member Curry thanked the Orange County Transportation Authority (OCTA) for their responsiveness and their community outreach program, and stated that Measure M will provide additional resources and opportunities to address Volume 57 — Page 590 City of Newport Beach Study Session Minutes March 28, 2006 traffic mobility in Newport Beach Art Leahy, Chief Executive Officer of OCTA, announced that the year prior, OCTA was named by the American Public Transportation Association as the finest big city transportation organization in North America. Using a PowerPoint presentation, he stated that Measure M was approved by the voters in November 1990, imposing a one -half cent local transportation sales tax for twenty years. He displayed a list of the projects that have been completed to date, and those that are underway, and stated that nearly $27 million has been spent in Newport Beach. Mr. Leahy displayed a map of California and pointed out those counties with a local transportation sales tax. In Southern California, all have renewed the tax, with the exception of Orange County, and he noted that a two - thirds majority voter approval is required to renew Measure M. He listed the reasons why it's important to renew Measure M now, instead of waiting until it expires in 2011. Mr. Leahy also briefly discussed what is required to renew the Measure. Mr. Leahy displayed a list of the key elements of the renewed Measure M draft plan. He highlighted what the draft plan includes for the various components, which included freeways, streets and roads, transit, environmental cleanup, and safeguards and audits. He stated that $65 million would be the estimated share that Newport Beach would receive. Lastly, Mr. Leahy displayed the next steps that need to occur for the Measure to go before the voters on November 7, 2006. He encouraged the City to provide any input to the OCTA Board of Directors. Council Member Curry confirmed with Mr. Leahy that the environmental cleanup component would include runoff mitigation. Additionally, Council Member Curry confirmed that neighborhood circulators would be eligible for Measure M funds. Lastly, Mr. Leahy explained how the transportation of seniors and the disabled would be addressed in the renewed plan. In response to Council Member Selich's question, Mr. Leahy stated that the $65 million would come to Newport Beach over a period from 2011 to 2041. In regard to the regional road funds, Council Member Selich asked how much Newport Beach would receive in comparison to how much it generates in revenue. Monte Ward, Director of Special Projects, OCTA, stated that it's a difficult comparison to make, and added that the program is competitive and geared towards the highest congestion projects. Council Member Selich confirmed with Mr. Leahy that a water quality project that doesn't necessarily have a roadway point source of pollution could possibly be eligible for Measure M funds. Mr. Ward added that the environmental cleanup component of the plan is in addition to the money that is set aside in the freeway component for project water quality mitigation. Council Member Ridgeway acknowledged that there are regional systems that need to be improved and that Newport Beach wants to be a part of the solution, but noted that Newport Beach will generate more in revenue towards Measure M than it will receive. Additionally, he expressed his support for the money designated to water quality going to the cities that contribute to the San Diego Creek. Mayor Pro Tern Rosansky joined the meeting at 5:43 p.m. In response to Council Member Nichols' question, Mr. Ward clarified how the Measure M funds are allocated, and how the allocation differs in the current Volume 57 - Page 591 City of Newport Beach Study Session Minutes March 28, 2006 Measure M plan and the proposed Measure M plan. Council Member Daigle noted that visitors to Newport Beach from outside the area also contribute to Newport Beach's sales tax revenue. In response to her question, Mr. Leahy stated that OCTA is assuming a 24% population growth in Orange County from 2000 to 2030. Lastly, Mr. Leahy provided detailed information on the benefits to the senior and disabled community. Additional information can be obtained by accessing the OCTA's website at www.00TA.net, or by calling Mr. Leahy at (714) 560.5584. Council Member Curry asked if OCTA would take the necessary steps to complete projects ahead of the current schedule if Measure M is renewed in November 2006. Mr. Leahy responded in the affirmative. Council Member Ridgeway expressed his support for moving the projects forward as quickly as possible. Dolores Otting confirmed that it will cost $4 million per year to administer the program. In regard to seniors and the disabled, she suggested that nursing homes and assisted living facilities be able to apply for an OCTA card, rather than individuals being required to obtain one. Council Member Curry confirmed that Ms. Otting is in support of the renewal of Measure M. PUBLIC COMMENTS Dolores Otting complimented Mayor Webb on the job that he's doing, and encouraged the other council members to also be professional during City Council meetings. ADJOURNMENT at 6:00 p.m. The agenda for the Study Session was posted on March 22, 2006, at 2:15 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 592 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 28, 2006 — 7:00 p.m. STUDY SESSION - 5:00 p.m CLOSED SESSION - 6:00 p.m. A. B. C. D. E. F. G. ROLL CALL Present: Council Member Curry, Council Met Webb, Council Member Ridgeway, Nichols CLOSED SESSION REPORT City Attorney Clauson reported that unci damage claim from Barry Faden relati . toga a Scott, Pro Tem RosaAsky, Mayor Daigle, Counk-,Member 193 settlement on a property to tree roots. of Christ Scientist Netvpori ch Ogean Sailit ssociation Presentation by Commodore Jane Benson and ce C amodore David Garcia - Commodore Benson and Vice Commodore Garcia announ d thae 59th Newport to Ensenada Race will begin on April 28 and presented Cout 1 with hwits. Conference Bi�Visitors Bureau Presentation of Check for Centennial - Tom Johnson, ly Rlotblisher and Chairman of the Board, and Gina Frye, Conference & Visitors B u Ex utive Committee, presented a $5,000 check to the Centennial Committee. Mr. Jo so announced that a $5,000 ad was donated and placed in the Visitor's Guide, and prese d each of the Council Members with a copy of the brochure. Centennial Play Presentation - Mayor Webb announced that the Newport Harbor High School Advanced Drama Class presented a play to the Newport -Mesa Unified School District elementary schools, entitled "Happy Birthday Newport Beach" that was originally written by Jett Rudder and rewritten by McCall McGregor to celebrate the City's history. He also reported that the winning posters from the poster contest will be displayed at the Nautical Museum and that a coloring book will be distributed to NMUSD students on April 30. NOTICE TO THE PUBLIC Volume 57 - Page 593 City of Newport Beach City Council Minutes March 28, 2006 H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS I. WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT- (NON- DISCUSSION ITEM): Council Member Daigle reported that she attended the Congressional field hearings for the subcommittee on aviation. She announced that Congressman Campbell supports maintaining the limits at John Wayne Airport (JWA). Council Member Curry requested that the City Attorney prepare a report for the next Council meeting relative to the status of the practice of eminent domain in California and that an ordinance be drafted which excludes eminent domain for public purples. Council Member Ridgeway asked that the report explain Connecticut's law so the S;0 ;'isn't creating unnecessary legislation. Mayor Pro Tem Rosansky announced that the Newport Beach Fes " 1 begins on April ay 20 and that the Relay for Life is from 10:00 a.m. on M 21 1'a.m. May 22. Mayor Webb announced that Council attended the Police Appr6ciation Break fa last week. Mayor Webb announced that the two sessions forte General Plan Update Opeii3gouse will be held on Saturday, April 1 from 9:00 a.m. to 12:00#,m. and from 1:00 p.m. to 4* p_m. at the OASIS Senior Center. s Mayor Webb announced that there are 15'7 ;days until the'City's 100th birthday and provided "Centennial Moments ". r Y 1. MIMES OFD THE REGULAR MEETING OF MARCH 14, 2006. (100 -2006] Waive rea ng6f- .ggbject minute #, approve as written and order filed. 2 REAI)ING 9, ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordina es an' - resolutions under consideration, and direct City Clerk to read by title only. AMENDMENT TO TITLE 20 OF THE NBMC TO ADD A FIRE FACILITY ("FFI') OVERLAY DISTRICT TO THE SANTA ANA HEIGHTS SPECIFIC PAN (PA2006 -033). [100 -2006] Adopt Ordinance No. 2006 -9 approving Code Amendment 2006 -002 adding the Fire Facility CTF ") Overlay District to the Santa Ana Heights Specific Plan text, and applying the overlay to the proposed fire station site. RESOLUTIONS FOR ADOPTION 5. RESOLUTION PARTICIPATING IN RESOURCE PLANNING FOR THE SANTA ANA RIVER PARKWAY. [100 -2006] Adopt Resolution No. 2006 -25 accepting a grant and relating to planning for passive recreational activities and habitat protection in and adjacent to the Santa Ana River. Volume 57 - Page 594 City of Newport Beach City Council Minutes March 28, 2006 6. RESOLUTION DECLARING THAT LOCAL COASTAL PLAN AMENDMENT NOS. 2005 -001 AND 2006 -001 ARE INTENDED TO BE CARRIED OUT IN FULL CONFORMANCE WITH THE CALIFORNIA COASTAL ACT. [.00- 2006] Adopt Resolution No. 2006 -26. CONTRACTS AND AGREEMENTS 1a 9. RELEASE OF BOND FOR STERLING BMW ON AVON STREET ROADWAY EXTENSION IMPROVEMENTS (C- 3603). (381.100 -2006] 1) Accept the public improvements constructed in conjunction with Parcel Map No. 2002 -154; 2) authorize the City Clerk to release Faithful Performance Bond No. 867 in the amount of $15,000 for the Avon Street roadway extension public i ovements; and 3) authorize a budget amendment (06BA -052) in the amour $15,000 from the unappropriated Transportation and Circulation fund (26 to Account 7261 - C5100697 to pay for the City's share of the Avon Street dway nsion work. NEWPORT COAST FLOW AND AMENDMENT NO. 1 TO PROF WESTON SOLUTIONS (C- 3748). (06BA -053) transferring $17,500 Groundwater Source Identification Flow, and Water Quality As ssi $7,500 from the Morning 1 Newport Coast Flow and Wa r transferring $13,750 from th U Newport Coast Flow and Wate Q1 4) approve Am@$n�ment No. 1 � t} of Carlsbad at the ESSIONt1L'°SECES AGREEMENT WITH (38/ 2006)- ) Approve a budget• endment from wport Coast WatersheL'rogram Account : 412- C5100810) to the Newport Coast .ent Accoff6 (7012- C5100779); 2) transferring Stabilizati Project (7014- C5100805) to the ' ty Assess ent Account (7012- C5100779); 3) �apriatedieral Fund reserves to the ality ent _ ccount (7012- C5100779); and e,Wofessio ervices Agreement with Weston to- exceed fee of $98,750 as outlined in the staff the City Clerk to execute the agreement. ;R SEEPAGE STUDY - AMENDMENT NO. AGREEMENT WITH TODD ENGINEERS 10-20061 -Approve Amendment No. 1 to the Professional Services Todd Engineers of Emeryville, CA for groundwater sampling and ) OF CONCESSION AT CORONA DEL MAR STATE BEACH (C- 1920). -20061 1) Select Kilmer Enterprises, Inc. as the next concessionaire at CdM each based on the proposal submitted by Kilmer in response to City's recent for Proposals for the CdM concessionaire; and 2) authorize the Mayor to a Concession Agreement based on the terms attached to the staff report. 12. APPROVAL OF THE PROFESSIONAL SERVICES AGREEMENT FOR HARBOR RESOURCES PROGRAM AND PROJECT SUPPORT WITH LARRY PAUL AND ASSOCIATES (C -3832) FOR $30,400. (381100 -2006] Approve a Professional Services - Agreement with Larry Paul and Associates for $30,400 for the Professional Services Agreement term of March 28 to June 30, 2006. MISCELLANEOUS 14. MARINER'S MILE B.O.A. TEMPORARY BANNERS FOR THE CITY CENTENNIAL; REQUEST FOR EXCEPTION FROM COUNCIL POLICY K- 11. (100 -2006] Approve request by the Mariner's Mile Business Owner's Volume 57 - Page 595 City of Newport Beach City Council Minutes March 28, 2006 J. Association for an exception from the specific requirements of Council Policy K -11, to allow the group to obtain a temporary sign permit. 15. ASSESSMENT DISTRICT NO. 75 (BALBOA BUSINESS DISTRICT) - AUTHORIZE PAYMENT FOR ADDITIONAL PAVING. [100 -2006] Authorize payment in the amount of $36,000 to Arizona Pipeline Company from the Assessment District No. 75 Construction Contingency Account, Account No. 74075- 9805, for unexpected concrete paving. 16. PURCHASE OF A VISION COVER ALL DURAWEAVE FABRIC STRUCTURE. [100 -2006] Approve the purchase of a Vision Cover-NI lDuraweave Fabric covered building in the amount of $27,675. 19. APPOINTMENTS BY THE MAYOR TO THE COUNCUJU<TIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL GAMMI' I ES, AND THE CITIZENS ADVISORY COMMITTEES. (100 -2006f Confirm appointments outlined in the staff report, but correcting the CoaAal/Bay Water Q ty Committee to reflect that Council Member Curry replaced N10yor Pro Tem ansky, not Council Member Selich. Motion by Mayor Pro Tern Rosansky to app items.removed (4, 10, 13, 17 & 18); and noting the The motion carried by the following Ayes: Council Member Curry, Webb, Council Member I Consent Calendar, except for the n to Item 19. Pro Tem Rosansky, Mayor Council Member Nichols 20. APPEAL OF STAFF DECISION OF DENIAL OF SPECIAL EVENT PERMIT APPLICATIOI+%J+OR, KRING & CHUNG TRIATHLON. (100 -2006] Mayok; WebKnoted that the' City has changed since the triathlon started in 1978 and that thji,rules rr special events try to handle and take care of the dense conditions and traffic. He3'emphasized that the City's concern during any event that closes public eets or es public property is that it is conducted safely for the residents and p,,rticipants, and that the residents are not unduly inconvenienced. He expressed concern about the tone of some of the correspondence he received about Webb opened the public hearing. Jack Caress, Applicant and Pacific Sports President, stated that the triathlon is produced well. He referenced the letter he presented to Council which addresses the City's denial letter. He discussed how the timing of the event occurs and indicated that they could start the race at 6:30 a.m. and could erect changeable message boards earlier. He believed that stopping the event would have an economic impact for the City, the Jazz Festival and Balboa Art Walk are not impacted, his volunteers were capable and responsible during the event, they cleaned up after the event, they did not close down the transition area early, and they turned in the permit in a timely manner. Regarding their unpaid bill from the City, he explained why he felt it was not a valid expense and noted that he has paid all the other bills related to this event for the last 28 years. He stated that he is happy to have his staff meet Volume 57 - Page 596 Cfty of Newport Beach City Council Minutes March 28, 2006 with City staff to find out how they could do a better job and that it is important to have a post event debriefing with the City to address the issues. Kyle Kring, Law Firm of Kring & Chung, noted that there are not a lot of triathlons. He presented Council with a handout and believed that there is not enough evidence to deny the permit and that few, if any, businesses or residents have complained about the event, especially since few people are at Fashion Island early in the morning. He believed that the denial is due to personality conflicts. Recreation and Senior Services Director Knight utilized a PowerPoint presentation to discuss the different types of triathlons, the triathlon's history, d the race routes. She explained that the first 2006 permit application was eed because it was incomplete and, upon notification of application def refused to submit the necessary documents. She added application was denied because the road closures neceA were too significant, the triathlon would n and visitors, two other events were already negatively impact those events, and becaua conditions in the past. She highlighte r added that the 2006 application was subm signed by a California Registered Traffic En Housing and SR -73 Freeway fUues, did not for the sam Ports failed event organizer ind 2006 permit proposed route ats, businesses, and would 0 ow per with previous appli- tions and out a Traffic Control In (TCP) did not address the new Senior detailed plot plan of the entire course, did not have an msur rtificate anal ndorsement page, did not have a vendor list, and did not provi a unity not�,ation plan. She compared this event to other athletic events t at take in the that have more participants and no major road closures. f She s suee that arose due to lack of volunteers „aii3e problems it a applicarit'J3 TCP. She noted the number of meetingataff hard with Pacifi - orts versus other events and the amount of staff houm sed on this event, and re 'orted that the unpaid bill has gone to collections. City Maiiyeludaa stated that the City has a responsibility to implement the ord nce relative to spbctaL iev rit permits, staff collectively feels that this event has negaely ' acted residen churches, and businesses along Jamboree Road, and the At` to a upset the balance that the policy protects. He noted that the question is whetbr the triathlon is the right event. Police Sergeant Johnson referenced Chapter 11.3, and discussed the pre -2004 bicycle race joute and the 2004 and 2005 bicycle race route. He reported that Police Ors escorted residents out of their neighborhoods one -by -one, and needed to be p9ded at Pacific Coast Highway because there were no volunteers at that location. Ite believed that the newer route is too complex and unsafe, and indicated that they received complaints from the Dunes, the Hyatt, and from angry motorists. Dolores Otting believed that Fashion Island during a weekend morning is a ghost town, that the triathlon is a Centennial moment, and that they should be put on probation and not denied their permit. Xavier Victor Piniche Fuentes agreed that Fashion Island is a ghost town in the morning. Robert Mortensen expressed support for the triathlon and believed that the event is safe and doesn't impact the community like the Boat Parade or Taste of Newport. He requested that the event take place this year and believed that the issue is that Volume 57 - Page 597 City of Newport Beach City Council Minutes March 28, 2006 the parties don't get along. Tom Billings expressed support for the triathlon and explained how Hawaii handles their large annual triathlon. He hoped that this year will be their probationary period and recommended doing a point -to -point swim at North Star Beach so the run would be conducted on Santiago. Andy Bailey stated that he has been associated with the triathlon for 28 years and believed that the traffic impacts are minimal. He noted that it is nice to have a local race. Ana Carion discussed the problems the Hyatt Regency employees a rience during this event and the impacts it has on the Newport Beach Jazz Fe al. Carrie Parsons, Head Rowing Women's Coach at UCI, fed th' she organizes 80 athletes on the course, they start meeting in Septe rr, and she�y'lso oversees the trash cleanup. She indicated that she cannot su�s`tantiate any 44he complaints regarding her volunteers. Rick Wong believed that the City cannot�wroe "the permit knowing thane Police Department thinks it's unsafe since it is a hAlity to the City and that it is not right not to allow people to leave their homes. He suggested that the organizers get the businesses' support if they Michael Lawler hoped that at. event can happen. He suggest country athletes..as volunteers h �o, safety issues caioe mitigated bill. have nd'thg„promoter'° work out the concerns so the using N tvport .a . .r High School track or cross l that with'prr�ger volunteers and Police support, # believed thaf sponsors can pay the outstanding Brenda 'Martin expressed her support for the triathlon, believed that this event is less, of a safety issue :than othee, *activities in the City, and noted that it takes place of the lrn Colander believed that both lanes don't need to be closed. She suggested changing the dat@ of the triathlon so it doesn't coincide with the Jazz Festival and Art Wadi. Mayoi*ebb explained why their route would need both lanes closed. JerryChang, Orange County Triathlon Club, stated that many of their members would volunteer to assist the triathlon instead of participate in it. He expressed k e that the participants don't suffer because of logistical issues or lack of Hearing no further testimony, Mayor Webb closed the public hearing. Mr. Kring believed that there was more effort to get backup material than to get this event to work. He stated that he wants more facts and noted that he has not seen any complaints from anyone being inconvenienced or about the event being unsafe. Mr. Caress noted that they have had no injuries in 28 years and believed that the TCP was prepared so people weren't stuck in their houses since it's a rolling open course. He stated that the original course is an easier course to manage, expressed his disappointment that there was no post event briefing last June, and indicated that he can design a course that's not on Jamboree or is contained on Back Bay Volume 57 - Page 598 City of Newport Beach City Council Minutes March 28, 2006 Drive, but would prefer not to change the date of the event. He expressed his doubts that he could have the design completed and approved by staff in the appropriate timeframe. Council Member Ridgeway referenced the PowerPoint presentation and reported that he and staff have told the applicant what is needed and to submit a proper TCP. He noted that after the February 7 denial, Mr. Caress went to the Doily Pilot and expressed his displeasure with the emails about staff. He stated that the triathlon has merit, but they need to comply with everything if it's going to continue. He emphasized that this is about road closures and safety. Vayor Webb added that the current application proposes to reuse the original rou Council Member Curry indicated that the previous routes een overtaken by growth and it is unreasonable to expect neighborhoods to u own to allow this event. He expressed confidence that there will be a rnext to support this triathlon. He took issue with the emails and wit aci£c Sports not paying its bill. In response to Council Member Daigle's estioaCity Attorney Claus indicated that the permit is for Course 2 and there i ito Tent evidence to uphold t ,denial. Council Member Daigle noted; has also heard this from part course is not on staff, but on tj for future years that's acceptab Council Membec�ISelich stated Bay D' e t)'k issue that it ear which uts Council could zbeen d_ igned in time. new r(Ate for 2007. Sgt. Johns said this event is unsafe and she :s. She em %sized that the burden for a safer ant, and h : d that they can design a course holution� have the bicycle course on Back iplicant saidan be done but he didn't propose position to have to deny the.permit when this that, if the City wanted this event, it would've triathlon would be a good event to have during the Member Ridgeway to uphold staffs decision to deny the Application and direct staff and the event coordinator to find a carried by the following roll call vote: 41yes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Noes: Council Member Nichols K. PUBLIC COMMENTS Dolores Otting suggested starting discussions to build an aquatic center with a 50 -meter pool at the old Coyote Canyon Landfill site. She also expressed concern that the Palms Apartments is requesting to become another recovery home on the Peninsula, that the Mariners Mile Gateway Project will create a lot of traffic, and that the motion seconds are not recorded in the minutes. Volume 57 - Page 599 City of Newport Beach City Council Minutes March 28, 2006 Jerry Chang apologized for the inappropriate emails that were sent to Council relative to the triathlon. Xavier Victor Piniche Fuentes expressed concerns about his apartment complex, Coronado South. Assistant City Manager Wood provided her business card in order to give Mr. Fuentes information about the Orange County Fair Housing Council. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES hTl Ad Hoc General Plan Update Committee (GPUC) - Council Member Selich reported that the two General Plan Update Open House sessions will be on April 1 from&00 a.m. to noon and 1:00 p.m. to 4:00 p.m. Local Coastal Program Certification Committee - Council',: Member Ridgeway announced that they met last Tuesday and will meet next on APiI''4 at 3 p.m. in the Fire Conference Room. Newport Coast Advisory Committee - No report. Mariners Joint Use Library Ad Hoc Steeri the Library dedication and opening ceremony N park side of the Library. City Centennial 2006 Committee - City Council/Citizens Ad Hoc Cornp ittee noted that Council will be discussing this issue City Council EQAC - Cc the draft GE Facilities' yesterday ai City Hall >! ?:March 20 to 21. Park Nichols on April 10. ttee - Mayor Webb reported that on April 20 at 11:00 a.m. on the Planning - Mayor Webb Committee - No report. that they received a presentation relative to - Council Member Curry stated that they met dttee - Council Member Selich reported that they met on potential sites and stated that they meet next on April 3. AGENDA FOR MARCH 23, 2006. (100 -20061 Planning Director Temple reviewed the following Planning Commission items: Brookfield Homes - 1301 Quail Street (PA2004 -251); Thirtieth ST. Architects, Inc. - 2961 Cliff Drive (PA2005 -158); and the General Services Department Corporation Yard - 107 Industrial Way, Costa Mesa (PA2006.047). She added that the Planning Commission decided to begin their meetings at 3:00 p.m. in order to discuss the General Plan Elements and EIR. Philip Bettencourt, representing Brookfield Homes, reviewed their progress but reported that the property owners decided to take the item off the calendar for now. Volume 57 - Page 600 City of Newport Beach City Council Minutes March 28, 2006 N. CURRENT BUSINESS 22. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH EIP ASSOCIATES FOR GENERAL PLAN UPDATE AND EIR AND BUDGET AMENDMENT (C- 3620). (381100 -20061 Assistant City Manager Wood provided the staff report and explained the reasons for the amended agreement. She indicated that the consultants believe that an additional $552,131 is needed to complete the process, which also includes an additional run of the traffic model. Dolores Otting commended Woodie Tescher of EIP Associates beca all their work has been thorough. In response to her question, Council ember Ridgeway indicated that, if the General Plan doesn't pass, the City`�ill use the existing General Plan which is greater in intensity and traffic. r'+,e In response to Council Member Nichols' ques n Mayor Webb ted that the motion to conduct a traffic study in Corona dellar failed at a previouneeting. Motion by Council Member Selich 1) pprove the Second Amdment to Professional Services Agreement with EI sociates augmenting the 3udget by $552,131, and authorize the Mayor and City rk to execute the agreement; and 2) approve a budget ame nt (06B approve ',) transferring $552,131 from unappropriated General Fun a to General Plan Update account number 2710 -8293 The motion car4 by the follo ing rollvea vot'ti Ayes: Council ember Cur ouncil Member Sehch, Mayor Pro Tem Rosansky, Mayor Webb, Council nber Ridgeway, Council Member Daigle Mayor Webli fecessed th ' m,,Prfg at 9:55 p.m. and reconvened the meeting at 10:00 P.M. �&h all "m embers of Co ncil in attendance. 23. MARINA PARK',;H,'UTURE USE SCENARIOS. (731.100 -20061 Assistant City Manager Kiff utilized a PowerPoint Presentation to highlight the eight ;commended scenarios that the City Council/Citizens Ad Hoc Committee for Maria Pak Planning reviewed. He also displayed the revised Harbor Commission ;= Phan and the consolidated Balboa Aquatic Park/Window to the Bay plan. Council Member Ridgeway reported that Southern California Edison will be closing the facility near the current tot lot at the end of the year and stated that the City may be able to acquire the site. Assistant City Manager Kiff noted that the Committee was charged with six tasks and that Goal A (develop goals for future uses), Goal B (gather and consider technical information related to the property), Goal C (gather and consider information related to the needs of the City for parks and recreation facilities, boating facilities, and revenue to the General and Tidelands Funds), Goal D (develop a plan for gaining public input on future use of the property) was only a presentation, and the subcommittee completed Goal E (develop a plan for gaining public input on future use of the property) but the Committee decided not to adopt Volume 57 - Page 601 City of Newport Beach City Council Minutes March 28, 2006 it. He reported that the Committee spent a great deal of time hearing each of the proposals. Xavier Victor Piniche Fuentes took issue with the architectural plans. Allan Beek, Secretary of Stop Polluting Our Newport (SPON), stated that they endorsed the plan that's similar to the Windows To The Bay concept in April 2004. Personally, he believed that the City should conduct more public outreach to find out what people will actually use on the site and that the beach needs new sand. Dr. Patricia Frostholm requested that Council keep the area as naturr;ots possible. She believed that the beach should be given back to the people andAb channel is too small for big yachts. She expressed her support for the WindoWM6 The Bay plan. Gail Ellis -Olds, Girl Scout Council of Orange to keeping a no -cost Girl Scout House in close pri Dolores Otting believed that the vote on Measu commercial marina. She noted that this;p6k is revenue and expressed her support for tl e Tom Billings, Protect Our Par. outreach and input. He utilizi of the Window To The Bi recreation zone, window zone, House will be a secured Como( which were divided into Tim Collins, Harbor Commissj Parks. n, pointed out some s discussed..the` advantages of to commit its L�udicated that n one wanted a te'only one that neediKu generate To The Bay plan. y reported tha "their plan reflects a lot of community i PowerPoint px9 1 entation to highlight the features plan and noted,;; that the plan has a marine A ak`Clvldren's zone He stated that the Girl Scout A from they rest of the park. He reviewed the costs t; ier, distributed a handout of the Balboa Aquatic iilarities with the Window To The Bay plan, and ;he Balboa Aquatic Park/Window To The Bay 50 to 60 boat slips. John orrough, Harbor Commissioner, reported that their proposal has about 120 parking spaces :,'Ee believed that visitor- serving facilities are missing in the Window To The Bay plariand the Balboa Aquatic plan is fiscally responsible and inclusive. He stated that the marina is not big enough for a commercial marina and discussed the difference between private and public marinas. He noted that Protect Our Parks apprpached him to work with the Window To The Bay designer to come up with the compromise plan. He reported that there are a lot of grants to help fund visitor slips and reviewed the costs for the proposed compromise plan. He agreed that the City cannot satisfy all the demands for permanent and visitor serving slips. Mark Wampole stated that the intent of his plan, Small Vessel Trailer Launch Plan, was to make sure a launch ramp is available for small sailboats. He believed that only the local community will be impacted, not anywhere else. Joe O'Hora believed that there is a danger in compromising here because it would legitimize a big boat commercial marina which is elitism. He emphasized that the residents need access to the bay and believed that marinas and park uses are incompatible. He stated that the Peninsula Point Association and the Central Newport Association don't want a marina. Council Member Selich believed that the uses aren't incompatible since the tot lot and the Girl Scout House are on the Volume 57 - Page 602 City of Newport Beach City Council Minutes March 28, 2006 opposite side of the site than the marina. Tom Houston believed that the vote on Measure L was against a timeshare and hotel, and also to have a park. He expressed support for the concept of having visitor serving slips and the compromised plan. Linda Ramage, Girl Scout Service Manager, explained how frequently the Girl Scout House is used. She reported that it is very hard to get troop time at the facility and noted that troops from out of the country also use it. Council Member Ridgeway noted that both plans have included a Girl Scout House. Craig Rager, Marina Park Planning Committee member, IWUd that the subcommittee came up with boundaries and parameters, but th ommittee decided to focus on the best use for this public asset. He believed th e City will never be able to meet all the demands for boat slips. Council Member Ridgeway believed that a visito "serving dock is CYitical and that both plans would be good for the Peninsula',-how er, the comprr6*ise plan is financially responsible and will move ford fast Y Council Member Selich recommended that t} a Council Members that wdie on the Committee meet with representatives from flie two plans and come back with a recommendation to Council. noted that the` ans are very similar functionally except for the marina issue. Mayor Webb asked if additional informat n be ptided for the two options, and also compare information for a visitor serving ' a versus a commercial marina. He because '6f the park. would 8' interes' to focusan the I proposeplan to having one or ivo public hearings to receive more input. ;ansky indicated that he supported the hotel on the Peninsula for revitalisation and a developer was willing to invest in the ;tl that some;people perceived the Measure L vote was for either He `indicated that the property needs a substantial park ed that he would not support having a commercial marina, but in having a visitor serving marina. He suggested advising staff plans, have discussions with the proponents, and bring back a Assist pint City Manager Mff confirmed that the guidance is to focus on the Window To,yhe Bay plan and the compromise plan and.have the two groups meet. recommended conducting a feasibility analysis on both the plans to ensure that "iey're doable. He confirmed that this will be combined with a public outreach plan and brought back to Council. He indicated that an analysis can be conducted for a commercial marina and visitor serving marina. Council Member Curry requested that comparative data between the two plans be included in the study, i.e. square footage, size of the beach, size of the green space, revenue, and cost. Following discussion relative to whether the marina should be a commercial marina or a visitor serving marina, Mayor Pro Tem Rosansky suggested taking a straw vote on what type of marina it should be. Motion by Mayor Pro Tern Rosanskv to have the feasibility study look only at a visitor serving marina if there is going to be a marina component in the park. Volume 57 - Page 603 City of Newport Beach City Council Minutes 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 Daigle Noes: Council Member Ridgeway, Council Member Nichols O. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. RESOLUTION FORMING THE MEDIA & COMMUNICATIONS COMMITTEE, DISBANDING TWO AD HOC COMMITTEES, AND MAKING APPOINTMENTS TO THE MEDIA & COMMUNICATIONS COM MITTEE. (100 -20061 In response to Dolores Otting's question, City Attorney C1aus8tX confirmed that the meetings are subject to the Brown Act. ='' Assistant City Manager Kiff reported that Max,or"Pro Tem RosItsky suggested designating two year terms for the appointees. = - x Motion by Mayor Pro Tem Rosansky .1) adopt Resolution No. 200(N24 forming the Media & Communications Committee and disbanding both the Ad Hoc Telecommunications Committee and the Web_Site Review Ad Hoc Committee; 2) approve the Mayor's appointmepts of Mayor Pr-o';,-Tem Steven Rosansky and Council Members Leslie Daigle and, Keith Curry tCl the Media & Communications Committee; 3) designate Council T4enuber Daiglb.. as the Chairperson of the Committee; and 4) approve to Mayor S.aappomtmt of citizen representatives s Daniel Wampoleand Don Boortz to the;Commtfee_to serve for a two year term. The motion carried by the follo kiiig roll call vote: a, Ayes Council INlember Curry Council Member Selich, Mayor Pro Tem Rosansky, MaL r, gbh Council Member Ridgeway, Council Member Daigle, Council : Memher Nichols Withoil .objecti0q, Council Member Nichols discussed Items 10 and 13 together. 10. NEWPORT HEIGHTS, CLIFFHAVEN AND SEAWARD STREET REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C -36 7). (381100 -20061 13 I 194NE AVENUE SIDEWALK AT SANTIAGO - COMPLETION AND PCCEPTANCE OF CONTRACT (C- 3715). (381100 -20061 Council Member Nichols expressed concern with using Measure M Funds to build a retaining wall. Motion by Couuncil.. Member Nichols to (for Item 10) 1) accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance; and (for Item 13) 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 Volume 57 - Page 604 City of Newport Beach City Council Minutes March 28, 2006 portions of the Civil Code; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve a budget amendment (06BA -055) transferring $14,500 from the Unappropriated Circulation and Transportation Fund to Irvine Santiago Sidewalk Construction Account (7261- C5100792). 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 17. REVISIONS TO COUNCIL POLICY A-6, "OPEN MEETING P CCIES" AS IT PERTAINS TO THE ORDER OF BUSINESS FOR COU I a L MEETINGS. (100 -20061 Dolores Otting received confirmation that, if t14 i5'`s approve 3, ulled Consent Calendar items will be discussed immediately after Council votes% the Consent Calendar. Motion by Council Member Curry to rovre lie revisions to Council cy A -6. -tv The motion carried by the following roll call vae: Ayes: Council Member Currytembi vucil Member lelich, Mayor Pro Tem Rosansky, Mayor Webb, Council 'dge way, uncil Member Daigle, Council Member Nichols 18. COMMENTS66 THE WES' 1)%ENERMI3'-PLAN AMENDMENT IN THE CITY OF COST SI MESA. t10 61 CounchMembdi Nichols expr sed concern with Costa Mesa's plan that could eliminathe:rre of 11easure M Funds and believed that EQAC should ., re thet °' plan. - ' i Manager Wood clarified that the letter requests that, for to3'Costa Mesa p owing the proposed General Plan Amendment for the Wests e Urb Y Plan, they expand the boundary of the traffic study. She emphasized that! hey are not asking for a full E1R and explained that there is no time tq�have puG is hearings because Costa Mesa's City Council will hear this matte ext Tuesday. })a:. Dol yes Otting expressed the importance of EQAC reviewing these types of projects. ~ otion by Council Member Ridgeway to direct staff to transmit comments to the City of Costa Mesa. 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 Brenda Martin expressed her desire for one of the Council Members to bring back the triathlon issue for reconsideration. Volume 57 - Page 605 City of Newport Beach City Council Minutes March 28, 2006 Q. ADJOURNMENT - at 12:14 a.m. on Wednesday, March 29, 2006 The agenda for the Regular Meeting was posted on March 22, 2006, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayor City Clerk Volume 57 - Page 606