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HomeMy WebLinkAbout01 - Minutes - 07-25-2006City Council Meeting August 8; 2006, Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes pRAFT Study Session July 25, 2006 — 4:00 p.m. ROLL CALL Present: Council Member Curry, Council Member Selich, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Excused: Mayor Pro Tem Rosansky CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Nichols asked for an explanation of Item No. 7, Rescission of Resolution 99 -4, a prior acceptance of the dedication of Bayview Landing Parcels A & B. City Manager Bludau reported that the action taken by the City Council in 1999 needs to be rescinded because since that time, the park property has been transferred from The Irvine Company to the City. Council Member Daigle expressed her support for the action being recommended in Item No. S24, a resolution making findings relating to the conveyance of public property from the County to the City for the Mesa -Birch Park. 2. IRWD UPDATE. [100 -20061 Using a PowerPoint Presentation, Peer Swan, President of the Irvine Ranch Water District (IRWD), listed the core services of IRWD, which included water, wastewater, urban runoff treatment and recycled water. He displayed a map of IRWD's service area and noted that IRWD services Newport Coast and Santa Ana Heights. The total population served by IRWD is 324,500. Mr. Swan listed the projects that IRWD is working on that are in, or affect, Newport Beach. These included the Buck Gully runoff reduction project, installing synthetic turf demonstration sites, the Newport Coast Drive force main project, work at the San Joaquin Reservoir and the natural treatment system at the San Joaquin Marsh. He displayed additional information on each of the projects and responded to questions by the Council Members. He also introduced Paul Cook and Marilyn Smith, both with IRWD. In response to Council Member Nichols' questions, Assistant City Manager Kiff and Mr. Swan explained that the Buck Gully project is a coordinated program by IRWD and the City. Although the City owns the area, one side of Buck Gully is serviced by IRWD and the other side by the City, and both are trying to control the source of water going into it. Several Council Members complimented the efforts of IRWD. Mr. Swan invited the Council Members to contact IRWD and receive a guided tour of the San Joaquin Wildlife Sanctuary and the district. Volume 57 — Page 744 City of Newport Beach Study Session Minutes July 25, 2006 3. NEWPORT COAST PARKS (contd. from 7 /11/06). [100 -20061 Using a PowerPoint presentation, Assistant City Manager Kiff displayed a concept plan for Coastal Peak Park, a new park to be developed at the corner of Ridge Park Road and East Coastal Peak Road. He stated that it's being paid for with assessment district funds, is not a part of the Newport Coast annexation agreement and would become a public park upon completion. Recreation Services Director Knight reported that there will be eight acres of usable recreation space and she highlighted some of the other aspects of the park, as illustrated in the concept plan. She also described where parking would be provided. Assistant City Manager Kiff provided an update of the Crystal Cove Historic District, and stated that more information can be obtained by accessing www.crystalcovealhance.org. Reservations can be made by accessing www.reserveamerica.com. He also displayed an aerial photo of the Pacific Ridge Trailhead area and announced that the trail is now open seven days a week. Assistant City Manager Kiff also reported that the City is working on an operating agreement with the Newport Ridge Community Association for use of the ball fields at Newport Ridge Park, and that the matter is expected to be agendized for the August S, 2006, City Council meeting. Assistant City Manager Kiff displayed an aerial photo of the Buck Gully area and stated that the City is hearing from resources groups that there are several problems in Buck Gully that need to be addressed. He reported that the City has asked the Irvine Ranch Land Reserve Trust (IRLRT) to develop a resource and recreation management plan for the City. Assistant City Manager Kiff stated that most of the Newport Coast parklands are in the Natural Communities Conservation Plan (NCCP), which is a multiple species, multiple habitat reserve system authorized by the legislature, and totals approximately 37,000 acres. The NCCP is overseen by the Nature Reserve of Orange County (NROC), a non- profit corporation. He noted that the City has been asked to become a member of NROC. He additionally explained that the City is currently a non - voting member of the Coastal Greenbelt Authority, which manages the individually -owned lands in the Laguna Coast Wilderness Park, such as Buck Gully. He stated that the Laguna Coast Wilderness Park is a subset of NROC, and that the goal is to manage all of the lands consistently. He reported that the City has also been asked to become a voting member of the Coastal Greenbelt Authority. Assistant City Manager Kiff stated that to become a voting member of NROC and the Coastal Greenbelt Authority, the City needs to file a U.S. Fish & Wildlife "Incidental Take" permit. He explained some of the benefits of becoming a member of NROC and the Coastal Greenbelt Authority, and provided some additional clarifications in response to questions by the Council Members. 4. CABLE FRANCHISE AGREEMENT - COX COMMUNICATIONS. [421100 -20061 Using a PowerPoint presentation, Assistant City Manager Kiff stated that the adoption of the franchise agreement with Cox Communications is on the evening agenda, Item No. 16, and that it is the culmination of approximately seven years of work. He reported that the City's negotiations with Time Warner were just completed, and he displayed the action that was taken by the City Council at the meeting on June 27, 2006. This included Volume 57 - Page 745 City of Newport Beach Study Session Minutes July 25, 2006 the approval of a consent to transfer agreement, a settlement and mutual release agreement, and a memorandum of understanding. Assistant City Manager Kiff displayed and highlighted the key elements of the proposed franchise agreement with Cox Communications. Additionally, he displayed a map of the City illustrating where the franchise areas for Cox Communications and Time Warner are located. PUBLIC COMMENTS - None ADJOURNMENT at 5:10 p.m. The agenda for the Study Session was posted on July 19, 2006, at 3:35 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 746 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 25, 2006 — 7:00 p.m. STUDY SESSION - 4:00 p.m. CLOSED SESSION - 5:10 p.m. A. C. D. E. F. G. H. Present: Council Member Curry, Council Member SelicoMayor Pro Tern Ro sky, Mayor Webb, Council Member Ridgeway, Council error Daigle, Cou Member Nichols CLOSED SESSION 4' City Attorney Clauson announced t Council appgved an extension of the Tolling Agreement in the case of the Newport ce Association-ys, the City of Newport Beach. PLEDGE OF ALLEGIANCE - Mayo Pro Te osansk, :... INVOCATION - Rabj iWarc Ruben rein, ple Isa ah Tournament Ro s Presentatio Gary DiSano presented the City with a Trophy Pho a winm K. Lei an Award. Mayor Webb presented Mr. DiSano " f the oat and n oat riders to take pictures with Mr. DiSano. Proclamati HonTkng Emily & David Anastos - Deputy Fire Chief Sutherland displayed the ws foot related to 6 year old Emily Anastos and her father helping their neighbor duri a fire enVFrgency. Mayor Webb presented them with a proclamation. McFaddequare Legacy Project - Kirwan Rockefeller, City Arts Commission Chair, zed a owerPoint presentation to highlight the project and displayed the artists re erin . nd architectural model. He announced that it will be on display at the Central Lib - om August 1 to September 15. Bernie Svalsted, Chair of the McFadden Square Cen. nnial Legacy Committee, stated that McFadden Square is the birthplace of Newport Beach and more information and how to purchase sponsorship is on www.newportbeachlOO.com. NOTICE TO THE PUBLIC CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FO_R__DISCU_SSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Keith Curry commended the City Arts Commission for their Concerts in the Park and Art in Volume 57 - Page 747 City of Newport Beach City Council Minutes July 25, 2006 the Park programs. Council Member Daigle requested that the Planned Community Text for Belcourt be amended to reflect the on- ground conditions. Mayor Webb announced that there are 38 days left until the City's 100th birthday and provided Centennial moments. I. CONSENT CALENDAR READING OF MINUTES/ORDINANCES AND RESPLUTIONS 1. MINUTES OF THE SPECIAL AND REGULAR MEETING O - ULY 11, 2006. Waive reading of subject minutes, approve as written an r filed. (Council Member Ridgeway abstained on this item) 2. READING OF ORDINANCES AND RESOLUT N S. Waive reads in full of all ordinances and resolutions under considerat' and irect City Cle o read by title only. ORDINANCE FOR ADOPTION 3. STEADFAST INVESTMEN ROPERTIE (QFFICE EXPANSION; 4343 VON KARMAN AVENUE - P D COMM ITY DEVELOPMENT PLAN AMENDMENT NO. 2005-0 ( 05 -293). ( 0 -20061 Adopt Ordinance No. 2006 -19 for Planned Commu 'ty Dev ent PI a mendment No. 2005 -005. (Council Member Ridgewa bstain s ite kja RESOLUTI N OP ZO 4. TION F FY2005 MELAND SECURITY GRANT PROGRAMS TRAN ER GREEMENT L TTER (C- 3862). [381100 -20061 Adopt Resolution 200 the P 'ce Chief, Fire Chief and City Manager to act as oriz gents" t the necessary documents in conjunction with the afire ent a ched to the staff report. 5. ASSE' MENO ISTRICTS 70, 79 AND 86 SURPLUS DECLARATIONS. [89110 20061 Adopt Resolution Nos. 2006 -69, 2006 -70 and 2006 -71 declaring surpl amounts in Assessment Districts 70 Bay Shores, 79 Beacon Bay and 86 Pen' sula Point; and 2) authorize the Administrative Services Director to choose an apopriate distribution method consistent with the 1913 Act on a parcel by parcel 7. sV RESCISSION OF RESOLUTION NO. 994, A PRIOR ACCEPTANCE OF THE DEDICATION OF BAYVIEW LANDING PARCELS A & B. [100 -20061 Adopt Resolution No. 2006.73 rescinding Resolution No. 99 -4. CONTRACTS AND AGREEMENTS 8. AWARD CONTRACT ON BEHALF OF THE INTEGRATED LAW AND JUSTICE AGENCY OF ORANGE COUNTY FOR IMPLEMENTATION OF AN ENHANCED COUNTYWIDE SCHEDULING PROGRAM TO INTIME SOLUTIONS, INC. (C -3579) [381100 -20061 1) Award a contract in the amount of $280,302 to provide implementation services and maintenance for an enhanced Volume 57 - Page 748 City of Newport Beach City Council Minutes July 25, 2006 version of the current Countywide scheduling component of the Integrated Law and Justice Agency of Orange County ( ILJAOC) Court Scheduling Project to InTime Solutions, Inc., the current scheduling vendor; and 2) authorize the Chief of Police, on behalf of the ILJAOC Joint Powers Authority (JPA) and the City of Newport Beach to execute a standard Professional Services Agreement contract with InTime Solutions, Inc. as approved by the City Attorney's office. 9. WASTEWATER MASTER PLAN - ACCEPTANCE OF ORANGE COUNTY SANITATION DISTRICT COOPERATIVE GRANT AND APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH AKM (C -3863 [38/100- 2006] 1) Accept a $322,710 cooperative grant from the Orange Co Sanitation District for the preparation of a Sewer Master Plan and author the Mayor and City Clerk to execute the Cooperative Projects Grant Pro contract; and 2) approve a Professional Services Agreement with AKM C tin ngineers for the preparation of the Sewer Master Plan for a not- to -exc ed' ee of $63 ; 6. MISCELLANEOUS _ 10. PURCHASE OF A RESCUE BOAT R T 'FIRE DEPARTMENT. [100- 2006] 1) Approve the purchase of a rescu from the Crystaliner Corptir8tion of Costa Mesa, for the price of $317,862.50; d 2) approve a budget amendment (07BA -004) for the transfer f $17,962.50 i unappropriated revenues from the Internal Services Fund to Act.' 120 -9100 to chase the vessel. 11. PLANNING COMMISSION ISCHLIVdLED VACANCY - CONFIRMATION OF NOMINEES. [100 -2006] g,,onfirm t minatna„�ts made by the Ad Hoc 12. UNSCHEDULED VACANC TEES. N THE BOARD OF LIBRARY TRUSTEES - COIRMATifON OF NOM [100 -2006] Confirm the nominations made by the 9d HotAppointments mittee to fill the unscheduled vacancy as a result f the r aa&Jji&Rarry Hamilton. OF EN MONMENTAL QUALITY AFFAIRS COMMITTEE 'ERSON. [100 -2006] Confirm the Mayor's appointment of S24. MESSY -BIRCH -PARK SITE SANTA ANA HEIGHTS. [100 -2006] Adopt Resolution No. 2006 -74 making findings relating to the conveyance of public pr, erty from the County to the City for the Mesa -Birch Park. yor. -Pro Tgm Rosa_nsky to approve the Consent Calendar, except for the (6); and noting the abstention of Council Member Ridgeway on Items 1 and 3. 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 J. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. SUPPORT OF MEASURE M. [100 -2006] Council Member Nichols stated that he will not support this until the City gets more Volume 57 - Page 749 City of Newport Beach City Council Minutes July 25, 2006 K. projects written into the Measure. In response to Council questions, Public Works Director Badum highlighted some of the major City projects that were completed due to Measure M grant funding and explained the application process for receiving the grants. Ron Winship noted that Measure M is a tax initially created to fill potholes and believed that it is flawed. He recommended tabling this for further study and getting money directly from the State for Coast Highway improvements. Stephanie Barger, Earth Resource Foundation, stated that the a onmental community has been working with the Orange County Transpor on Authority (OCTA) and highlighted the benefits they could receive fro easure M. She encouraged all citizens to work with the OCTA and emph a need for mass transportation. Motion by Council Member Curry to adopt the renewal of Measure M. a Council Member Curry compared the on l M and emphasized that the new progra s neighborhood -based funded transit program compete for State funds. , The motion carried by the folio wing ll vote: Ayes: Council Member Curry, ouncil Mayo , Council Me her geway, Noes: C cil M. tuber Nichols 71. No. 2006'U ure M with the renewe asure mitigates runoff, provid for a i gives the City the ability to Mayor Pro Tem Rosansky, Member Daigle SOLID WASTE COLLECTION FRANCHISE TION. [100 -2006] Gene Ser - s Director Harmon explained the process that the refuse haulers V order receive a non- exclusive solid waste collection franchise. City Mana , r Bludau oted that the City will now have 21 refuse hauler franchises. ayor Pro Tem Rosansky to adopt Ordinance No. 2006 -17 granting a Solid Waste Franchise to Newport Coast Demolition. Webb opened the public hearing. Dolores Otting stated that Costa Mesa and Irvine provide stickers for the hauler trucks that are allowed to be in their cities and they inspect those vehicles regularly. Mayor Webb closed the public hearing. 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 Volume 57 - Page 750 City of Newport Beach City Council Minutes July 25, 2006 15. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO INTERIOR REMOVAL SPECIALIST, INC. [100 -20061 Mayor Webb opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Mayor Pro Tern to adopt Ordinance No. 2006 -18 granting a Non - exclusive Solid Waste Franchise to Interior Removal Specialist, Inc. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro m Rosansky, Mayor Webb, Council Member Ridgeway, Council Mere r Daigle, Council Member Nichols 16. CABLE TELEVISION: ORDINANCE AD A RANCHISE AGREEMENT WITH COX COMMUNICATION, [421100 -20061 Assistant City Manager Kiff noted the "t s is " e was discussed ing the afternoon study session. He explained th ':t e C� can control the right -o ay, but cannot control rates. Further, the City get three community pro ming channels and financial support for the channe ate_., Motion by Council Memb�gle to introdut* Ordinance No. 2006 -20 relating to the adoption of a Cable ComlYiymcations F&nchise Agreement with Cox Communications; and pass to second reams on Aug 8, 2006. Ron Winsh�i� Bested that tihe City-;jet the ..- for broadband access, and voice and Fo¢ ne ctivation. He o&issue with the °technology that is provided to the hom nd belie ed that the ea`lle providers should provide the City with a media cen istari ' . Kiff clapified that Federal court cases preclude the collection � 0000 'Wan fee on an other than cable - related services. He added that the City nnot ect the signal to be broadcast in high definition. He indicated that Coun decid , hat it was not necessary to have a media center in the community since ople ca tilize the Cox media center at any time; however, Council can amen 'this later. He clarified that some of the revenues from the Time Warner and this nchise agreement can be used to improve the cable shows. Th motion carried by the following roll call vote: yes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 17. CITY COUNCIL AIRPORT POLICY. [100 -20061 Mayor Webb noted that the Aviation Committee has been reviewing this for one year and that it has not been updated since 1999. Contract Attorney Burnham noted that the policy also reflects significant input from Stop Polluting Our Newport (SPON), the Airport Working Group (AWG), and AirFare. He noted that the policy's legal framework focuses on the Airport Noise and Capacity Act (ANCA) at John Wayne Airport (JWA). He stated that the policy has seven components, Volume 57 - Page 751 City of Newport Beach City Council Minutes July 25, 2006 considerations to formulate a successful strategy to control impacts, encouarges Council to extend the term of the settlement agreement with conditions, and directs Council to oppose a second runway, change the curfew, or change in the nature of general aviation facilities or levels of operation. He reported that the Committee acknowledged that there is no feasible site for a second air carrier in the County so that the City can focus on more realistic opportunities to provide for airport demands. He indicated that the policy encourages Council to continue its efforts, encourages residents to remain involved, and continues educating the residents. He noted that the action also recommends making minor conforming amendments to the General Plan Update so that it is consistent with the policy. j In response to Council questions, Consultant Attorney policy delegates the City Manager to stay up -to -date on that retaining a technical airport consultant is a goo complicated. He confirmed that the policy changes do on airport issues, but believed it makes them stro r. makes the areas of protection stronger than th stin Mayor Webb opened the public hearing. Ron Winship noted that JWA will have an concern that this will increaseie number Eleanor Todd, Aviation Cor only go to and from Canada Dan and for the Burnham med that the airpor ues. H He indicated customs area and expressed that the international flights important issue in the City Dal Ottin expressed con rn about safety with JWA having international flights. ing $ her iOlyor Webb closed the public hearing. r M t ti' . b for Pro Tem Rosansky to adopt the revised Airport Policy. Counc Membe aigle emphasized her commitment to controlling the impacts from JWA d noted t at the current protections are unprecedented and unparallel. The otion carried by the following roll call vote: es: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 18. GENERAL PLAN UPDATE: FINAL ENVIRONMENTAL IMPACT REPORT (EIR) AND ALL ELEMENTS. [681100 -20061 Assistant City Manager Wood utilized a PowerPoint presentation to review the recommendations, discuss the General Plan Update Committee (GPUC) and the General Plan Advisory Committee (GPAC) and their accomplishments, the visioning process, the public workshops, and the meetings held by the Planning Commission and the City Council. She also explained how the General Plan is comprehensive, compared the 1988 Land Use Element to the proposed Land Use Element, discussed Volume 57 - Page 752 City of Newport Beach City Council Minutes July 25, 2006 changes to the Banning Ranch area, compared the 1988 Circulation Element with the proposed Circulation Element, compared the 1974 Conservation of Natural Resources Element with the proposed Natural Resources Element, and compared the current Environmentally Sensitive Areas (ESAs) in the Recreation and Open Space Element with the proposed Environmental Study Areas (ESAs) in the Natural Resources Element. She noted that Dr. Jan Vandersloot sent correspondence today relative to ESAs. She highlighted the improvements made to each of the General Plan Elements and explained the revisions from the July 20 Planning Commission meeting. She noted that public comments were forwarded to the Planning Commission and the City Council as they were received and the staff re tit includes replies. She reported that the staff report includes analysis pursuiato Charter Section 423. She pointed out that a memorandum with ,mole erratas was distributed and the last page of the memo includes corrections�t the table on page 17 of the staff report. '0700, y, Regarding the Environmental Impact Report (E Assistant City `Manager Wood noted that nine intersections still have una able pacts and a plemental analysis confirms the conclusions about tlx0mters ons with Irvine. � reported that James Douglas of Kimley -Horn an XSheo s conducted a peer reviof the traffic study. She pointed out that the the people who prepared a EIR were distributed prior to the meeting. noted that a le tter from Sandra Genis was received relative tq%g EIR. Kimberly Avila, EIP Associat the EIR. Carlton WateFfl ?Urban Crossro e- NY the Orange County Transporta 19th w`stieet Bridge is still in GeneK Plan results in a decre• Pintraffic. d the cu alive analysis methodology of that raffic analysis is consistent with rity (OCTA) model. He explained why the • al Plan. He confirmed that the proposed • n ins, M Waters stated that widening the streets in Corona looked a itigate traffic but this would diminish the area's fonfirmed that traffic counts were also conducted during the peak Coun Member—�Selich indicated that he was Chair of GPUC and read into record the Pfeamble that he is recommending be placed in the beginning of the GPU. iuncil Member Curry's request, Assistant City Manager Wood confirmed that, ared to the current General Plan, there is a trip reduction of 28,920 average trips, 1,121 morning peak hour trips, and 958 evening peak hour trips. In response to Council questions, James Douglas, Kimley -Horn and Associates, stated that they reviewed the technical reports and did not find any major issues relative to the methodology. Mayor Webb opened the public hearing. Barry Allen believed that the 19th Street Bridge should be removed because it will never be built. Cheryl Neville Shepherd clarified that her family owns 2201 West Coast Highway which is off the center of the Ardell property and that this property isn't an Volume 57 - Page 753 City of Newport Beach City Council Minutes July 25, 2006 easement. She expressed concern that, since their property is only 100 feet wide, it could only be used as a view area or corridor pursuant to the proposed General Plan. She indicated for the record that she is the local contact person for the property and would like to be notified of any future plans concerning this property. Allan Beek expressed opposition to the proposed General Plan because he feels it will take the power of Greenlight away. Dolores Otting distributed a handout and took issue that the City only has 109 sworn officers in the Police Department when it is authorized to have 14 She also asked what section of the General Plan is going on the ballot an ether the proposed General Plan circumvents Greenlight. Mayor Webb clarified that the Police Chief, Ca \comi and Sergeants are considered sworn officers, so the Police rtment c ly has six vacancies. Larry Porter believed the City has not 1 k at t. water supuldn't certify the EIR. Elaine Linhoff believed that most of the redu n of residential unig from Banning Ranch and that this umber is just ing shifted to Mariners Mile. She objected with having mixed u ariners Mil elieving that it will end up being all residential units. Sandra Genis asked how long q if the R be lost. SRatio (ariners Mile, traffic s. Sl;!i`e believed tha, allo le development. She to Plana the Neater numbers in V-Riocky ' be a p'lrity for Banning Ranch and c tion relative to the Floor Area Poin ,and the geographic limits of the model didn't assume full build out of the ith the numbers in the proposed General to EIR. Iloot, GI�A" Lei that the new General Plan will create 150,000 ps, 000 ore rsidential units, and 20,000 more residents than is her day. He expressed support for keeping the current General Plan ved th _the EIR is deficient, the Environmentally Sensitive Areas will be ised, an citizens will be losing its ability to vote on future projects with the eral Plan. Na y Gardner, GPAC Co- Chair, pointed out what the policies will do for the City that they represent what came out of the visioning process. She noted that the olices were accepted by the Planning Commission and the City Council, and that it is an improvement over the existing plan. Phil Arst, representing Greenlight, stated for the record that he believes that Ms. Genis and Dr. Vandersloot's objections have not been adequately addressed, the General Plan attempts to eliminate a Greenlight vote, each land use change that exceeds Charter Section 423 needs a separate vote by the people, the claims of reduction are just on paper, and it could take 15 to 20 years to receive the implementation dollars to fix the 18 unsatisfactory intersections. Hearing no further testimony, Mayor Webb closed the public hearing. Assistant City Manager Wood reported that a revised version of the EIR resolution Volume 57 - Page 764 City of Newport Beach City Council Minutes July 25, 2006 has been distributed. Council Member Selich received confirmation from Assistant City Manager Wood that no testimony has been provided tonight regarding the EIR that would change any of the conclusions and the Planning Commission's recommendation to certify the EIR. Motion by Council Member Selich to adopt Resolution No. 2006 -75 certifying the EIR. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor o Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Mem r aigle Noes: Council Member Nichols Motion by Council Member Selich to adopt- solution No. 2006 7Z approving the General Plan and to include the Preamble A the�rrata changes. Mayor Pro Tem Rosansky requested thaf*le motion be amended so that, d t to the new Cultural Element, a bullet point be ad�� to the preamble that states, V Foster artistic and cultural activities and venues in tlTe community Amended motion Coun _ember Selic ` k opt Resolution No. 2006 -76 approving the General Plan, d twl de the a d Preamble and the Errata changes. The amendedi:i tion carried bathe following roll l vote: Ayej--a3 ncil ember Curry,iouncil Member Selich, Mayor Pro Tem Rosansky, or ebb, Council Me ° her Ridgeway, Council Member Daigle Noencilidember Nichols it. L. VWecessed hip jecte people needing a film permit at Little Corona and the City fighting sa's tempt nnex the Costa Mesa Country Club. He also expressed concern egr from th° xus Dealership. tt' g provided photos relative to the Ciraulo issue on the May 9, 2006 Closed da. essed the meeting at 10:00 p.m and reconvened the meeting at 10:15 p.m s of Council present. M. ORAL REPORTS FROM. CITY COUNCIL ON COMMITTEE ACTIVITIES - None. N. PLANNING COMMISSION AGENDA-AND-ORAL STATUS REPORT 19. PLANNING COMMISSION AGENDA FOR JULY 20, 2006 - No Report Given. [100 -2006] 20. STAFF ASSESSMENT OF THE AVOCADO SITE AS A CITY HALL SITE, Volume 57 - Page 755 City of Newport Beach City Council Minutes July 25, 2006 IMPLICATIONS FOR THE CURRENT CITY HALL SITE, AND WHETHER TO MAKE THE AVOCADO SITE THE SUBJECT OF A NOVEMBER BALLOT MEASURE. [351100 -20061 City Manager Bludau provided a staff report and noted that the City Hall Site Review Committee recommended that Council consider the Corporate Plaza West site and the current site for the new City Hall, but The Irvine Company indicated that their site was not for sale. He stated that staff concluded that, at this point, there doesn't appear to be any single fatal flaw that prohibits Council from putting a City Hall on the Avocado site. He reported that the two methods of cing this item on the ballot are to have an advisory vote or a charter amendm He stated that his conclusion is that there are two viable sites for the City ut it is hard to compare the projects. He pointed out that the City already four years and a lot of money studying the current site. He noted that it to bout a year and $150,000 to $250,000 to bring the Ficker plan into same level detail as the current site project. He emphasized that, with co uction costs rise 10% to 15% a year, waiting another year could add $4 mil el to $ million to the Hall and parking structure components. City Attorney Clauson clarified that an ad vote would not be binding d does not require an environmental analysis or ign work. However, in order for Council to place City Hall o Avocado site, general plan amendment vote is required pursuant to Measur explained t t the reason for having a charter amendment vote is so, if Co il p sed a gene plan amendment and it was approved by the electorate, a f ure Cha ection vote would not be required. In response ncil questir ttorney son clarified that, depending on how Co on' the Cha ment to be written, it does not have to bind Cou to builCity Hall odo site. However, if Council wanted to put City 11 thoe after follogeneral plan amendment procedure, the elector h dy voted would not be a need for an additional vote )Avocr ted that the charter amendment could be to a binding vo nd state that City Hall shall be at that location, but n't r mend writing it this way. ro Tom sansky indicated that he is not a fan of votes to decide matters , that C uncil needs to do its homework about placing City Hall on the site, and that he doesn' t see the point of putting this to a vote. Co ncil Member Ridgeway noted that Council has already voted on this issue a mber of times, created two committees to review finance issues and potential City all sites, and indicated that it would make a decision on May 1, 2006. He believed that this is a park site and recommended that Council make a decision tonight about the site. He expressed his disappointment with the traffic analysis in the staff report. He emphasized that the cost to build the City Hall on the Avocado site would be the same as at the current location, but construction costs are rising. He added that, if the City proceeds with a City Hall on the site, the City will probably be in some type of lawsuit and the site will be tied up for years. Council Member Curry stated that he was not on Council when the action was taken to keep the site a park, but agreed with Council Member Ridgeway. Allan Beek believed that the Avocado site and the current location are not suitable Volume 57 - Page 756 City of Newport Beach City Council Minutes July 25, 2006 sites for a City Hall so there shouldn't be an election on this issue. He stated that an impartial outside analysis should be conducted on City processes and procedures. He noted that the City could lease the Corporate Plaza West site with the option to buy or use its power of eminent domain in order to build City Hall on that site. Tom Moulson expressed his support for maintaining the Avocado site as a park and keeping City Hall at its current location. Bill Ficker stated that his interest in this started with wanting to improve City operations. He indicated that maybe the City should look at other sitesj!believing that the current City Hall site is the wrong site. He suggested that Council take its time and place City Hall in a location that doesn't require Coastal Commission approval. Ron Winship suggested moving City Hall to the back ofhePolice '`.epartment and fire station. He opposed building on the park sit Once it could troy the view down Jamboree Road. Jan Vandersloot requested that Avocado site out of consideration. Christine Carr expressed support for maintaining z Debbie Stevens noted that, a approval already approved the site as mark. elieved to a City Hall is more costly. Jim Warreewre"�x? ssed support r mai taining t' that noeryon$ feels a new all is needed overtime at tho7current location agreements andliAake the Avocado site as a park. General Plan, Council has ranging the site from a park )cado site as a park and noted suggested replacing buildings Barry Aen `` ed a site pla>ffor a four story City Hall on the Police Department 4:and p' _ _ os o ]i& aloe -Santa Barbara. Mary, arret lake expressed support for Mr. Ficker's plan and encouraged Council to stuff this pt further. She believed that the Avocado site isn't a prime park site. Tom Cpourtney noted that Corona del Mar does not have enough park land and expressed support for maintaining the Avocado site as a park. Bernie Svalsted noted that Council voted six months ago to take this site off the list t jiotential City Hall sites and Council did it again by approving the General Plan. e emphasized that people are mainly wanting a centralized City Hall, but recommended taking the Avocado site off the list again. Debbie Allen noted that a resident committee raised $1.2 million last year. She read a letter from Suzy Ficker that indicated that with the expansion of Newport Center in 1976, The Irvine Company was required to dedicate the Avocado site as open space in perpetuity by the Coastal Commission. She presented a petition signed by all EQAC members and indicated that she would provide the City Clerk with the names of the supporters of the park in attendance tonight. Elaine Linhoff noted that she hasn't had problems getting off the Peninsula and City Hall doesn't cause traffic problems. She expressed support for maintaining the Volume 57 - Page 757 City of Newport Beach City Council Minutes July 25, 2006 Avocado site as a park. Hugh Logan expressed support for maintaining the Avocado site as a park. Larry Porter agreed that Council shouldn't consider this site. Ron Hendrickson expressed support for Mr. Fickees plan and suggested dealing with the park site separate from where City Hall should be. He believed that City Hall should be in a central location and that the City should look at the Santa Barbara site. a John Nelson, City Hall Site Review Committee member, re d that the Committee reviewed feasible sites and narrowed the list to Corporate Plaza West site and the current location. He expressed concern a costs due to the delays and expressed opposition to putting this on the b Karen Tringali noted that this decision has legal, binding agreements associated with tl Council Member Curry stated that he iss'" F Center, but explained why he is not willin for City Hall. He discussed the merits o Department and fire station ndicated that an alternative so Council can s option. site for a new Citv Hall and hafe it decided and`Wt there are consider a City Hall using Newport Cenfe`r Park City Hall with the Police needs to ask staff to develop the Newport Center Park Ridgeway as ouncil to consider the economic, cultural, and ✓ing City Ha ff of the Peninsula would have on the community. Counc a ichols believe that Council should consider Newport Center Park City be costs sting zoning, and the large acreage of land. He t sue ut having ' er natural park. He believed that the new City Hall soul a pai r by selling the current City Hall site. Further, a City Hall on the park won eate traffic problem, the site has better access, and it is below the view ne. Coun#1 Member Daigle suggested conducting an unbiased comparison of the Police Dep tment site, Avocado site, and current City Hall site, and believed that it is pr,4mature to put this to a vote or to remove the park site from consideration. She ggested reconvening the City Hall Site Review Committee to review costs, safety, impacts on neighborhoods, access, traffic, and transitional issues during the move. She recommended doing a public facilities study. Mayor Webb noted that the staff report indicated that the site had no fatal flaws and that the Ficker proposal was feasible. He suggested keeping the park site on the list for evaluation, noting that the CIOSA agreement has already been modified once. He expressed concern about the Police Department site because there are too many issues. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Volume 57 - Page 758 City of Newport Beach City Council Minutes July 25, 2006 Council Member Ridgeway Noes: Mayor Webb, Council Member Daigle Abstain: Council Member Nichols Motion by Council Member Selich to evaluate alternative sites in Newport Center. Council Member Selich recommended referring this to the Building Committee so they can work with staff on how to proceed. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor o Tern Rosansky, Mayor Webb, Council Member Daigle, Council Membe i is Noes: Council Member Ridgeway P. CURRENT BUSINESS 21. PROPOSED BALLOT MEASURE — ENDMENT TO THE PLAN. [391100 - 2006], City Clerk Harkless provided the staff re , Assistant City Manager Wood indicated that the change k hour trips'lWgd the addition of two tables was reviewed during Item 18 (YeYal Ian Update) = discussions. She also noted that Figure LU13 has been revised`' K In response to Council's questjions abo the'guments and who can sign the argume ity Clerk Harlcless d a sec rem the Elections Code relative to sett' prio ties. City ey Clausen believed that only those Council Me rs assig ed can sign the argument. She indicated that this doesn't preclude others' am s milting an argument, but Council will have priority over anyone else or enti Ree egal Cou ' =utan and Tucker, indicated that other jurisdictions hav terp d the Elections Code to be able to assign one Council Member to be the p ary a or of the argument in favor of the ballot measure and one Council Mem to be primary author of the argument in opposition to the ballot meas e, and all w those Council Members to get the remaining argument signers whe er they are Council Members or not. He confirmed that, if you assign all five aut rs for the argument in favor of the ballot measure, then Council has limited t ability to add non - Council Members to the argument. City Attorney Clausen ded that, if Council gives themselves authority to write the arguments but doesn't write one and another party does, that party's argument will be published if they were next in priority. Motion by Council Member Ridgeway to a) adopt Resolution No. 2006 -77 ordering the submission of a proposed measure to the voters at the General Municipal Election on Tuesday, November 7, 2006; b) adopt Resolution No. 2006 -75 requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 7, 1006, with the Statewide General Municipal Election to be held on the same date pursuant to Section 10403 of the Elections Code; and c) adopt Resolution No. 2006 -79 setting priorities for filing (a) written argument(s) regarding a City measure, with Mayor Webb being the lead author for the argument in favor of the ballot measure and Volume 57 - Page 759 City of Newport Beach City Council Minutes July 25, 2006 Council Member Nichols being the lead author for the argument in opposition to the ballot measure, and directing the City Attorney to prepare an Impartial Analysis. Substitute motion by Council Member Dai le to have citizens write the argument. City Clerk Harkless clarified that this would be done by not adopting Resolution No. 2006 -79 which gives Council first priority. She indicated that this doesn't preclude an individual Council Member from submitting an argument, and based on the Elections Code criteria, it will need to be determined which argument ha priority. She confirmed that, by not adopting the resolution, Council may be I g itself out of the top priority standing. She reported that arguments are d t 5:30 p.m. on Tuesday, August 8, 2006. She also clarified that all Council bers can sign the argument but only the first five signatures will be printed. Motion died for lack of a second. Following discussion, Mayor Pro Tem Rosa s be changed to read, "Shall the Land U_ ,El Plan be amended to provide for a reducti vehicle trips, including 1,121 morning and reducing non - residential deve-lument square concurrently increasing the Ron Winship agreed that Co cil sh should be able to select other s ers for that the balftlanguage eep�"of the Newport Bea eneral an estimated 28,920 aver daily evening peak hour vehicle trips, by dwSage by 449,499 square feet while elling units by 1,166 units ?" Council Member and they Phil Arst 1 ue with the right ballot Ian` iiage, believing that the General Plan sn't re cc trips and is only a reduction on paper. Further, this app ch was used for GreI's ballot measure language. Regarding the issue o s o being a reducti n on paper, City Attorney Clauson emphasized that arter uires a aper analysis of the existing General Plan and the sed endment, - actually an amendment to the entire Land Use Ele t. Mayo ro Te osansky emphasized that Greenlight II and the General Plan Upda measur aren't connected legally and the ballot measures are different Member Nichols took issue with the numbers, believed that this is an domain issue, and indicated that this is why he will not support this. City Clauson clarified that this is not an eminent domain issue. Volume 57 - Page 760 City of Newport Beach City Council Minutes July 25, 2006 Substitute motion by Mayor Pro Tern Rosansky_ to adopt Resolution Nos. 2006- 77, 2006 -78, and 2006 -79, and amend the ballot measure language to read, "Shall the Land Use Element of the Newport Beach General Plan be amended to provide for a reduction of an estimated 28,920 average daily vehicle trips, including 1,121 morning and 958 evening peak hour vehicle trips, by reducing non - residential development square footage by 449,499 square feet while concurrently increasing the number of residential dwelling units by 1,166 units ? ", and authorize Mayor Don Webb (Council Member in Favor) and Council Member Richard Nichols (Council Member Against), to file (a) written argument(s) regarding the City measure, accompanied by the printed name(s) and signature(s) of the author(s) subuYitting it. The substitute motion carried by the following roll call vote: s Ayes: Council Member Curry, Council Member Selich, M, ' or Tem Rosansky, Mayor Webb, Council Member Ridgeway, Coq Member aigle, Council Member Nichols 22. PROPOSED CHARTER AMENDMENTIM[3' THE USE O MINENT DOMAIN. 1391100 -20061 Council Member Curry noted that the State k no action on this issue and believed that it is important to establis this principa n the City. He confirmed that this measure will prohibit publi gs for privateconomic development purposes; however, it will not inhibit t ability to take property for legitimate public purposes. Motion bauncil Member urry a solution No. 2006 -80 calling and giving no tio a holding of ral Municip `Election on Tuesday, November 7, 20Q�or the bmission of oposed Charter amendment; b) adopt Resolution No 2106 -81 r questing the and of Supervisors of the County of Orange to consoli8 to a, eneral Municipa Election to be held on Tuesday, November 7, 2006, th the eral Ele ion to be held on the same date pursuant to Section 1 of Elections c) adopt Resolution No. 2006 -82 setting priorities for g (a ritten argument(s) regarding a City measure, with Council Member Curr eing lead author for the argument in favor of the ballot measure, and direct g the Ci ttorney to prepare an impartial analysis. Ron Iff mship agreed that there should be no taking of private property for private inugtry and commended Council for this action. I e 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 23. DESIGNATION OF VOTING DELEGATE FOR 2006 LEAGUE ANNUAL CONFERENCE - SEPTEMBER 6 - 9, 2006 IN SAN DIEGO. 1100 -20061 Motion by Council Member Curry to designate Mayor Webb as the City's Voting Delegate for the Conference. The motion carried by the following roll call vote: Volume 57 - Page 761 City of Newport Beach City Council Minutes July 25, 2006 Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Q. MOTION FOR RECONSIDERATION - None. R. ADJOURNMENT - at 12:25 a.rrL on Wednesday, July 26, 2006. The agenda for the Regular Meeting was posted on July 19, 2006, at 3:35 p.m on the City Hall Bulletin Board located outside of the City of Newpo Beach Administration Building. The supplemental agenda for the Regular eting was posted on July 21, 2006, at 2:30 p.m on the City Hall Bulletin bard located outside of the City of Newport Beach Administration Building. City Clerk Volume 57 - Page 762