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HomeMy WebLinkAbout01 - Minutes - 10-24-2006City Council Meeting November .l4,'.2006 Agenda Item�No. 1 CITY OF NEWPORT BEACH City Council Minutes DRAFT Study Session Dj[ October 24, 2006 — 4:30 p.m. ROLL CALL Present: Council Member Curry, Council Member Selich, Mayor Webb, Council Member Nichols Absent: Mayor Pro Tem Rosansky, Council Member Ridgeway Excused: Council Member Daigle Mayor Pro Tem Rosansky and Council Member Ridgeway arrived later in the meeting. CURRENT BUSINESS L CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Nichols requested, additional information in regard to Item No. 21, Professional Services Agreement with Hogle - Ireland for Interim Planning Director, and City Manager Bludau stated that he would meet with Council Member Nichols prior to the evening meeting. Council Member Ridgeway joined the meeting at 4:35 p.m 2. RENEWAL OF. INSURANCE BROKER OF RECORD PRESENTATION. [100 -20061 City Manager Bludau stated that he placed this item on the Study Session agenda to provide an overview of the City's property /casualty insurance for the newer Council Members. Mayor Webb noted that the City Council would be taking action on the item at the evening agenda, Agenda Item No. 9: Human Resources Director Ramsey provided a brief introductory report. Risk Manager Farley stated that Brown & Brown has been the City's broker of record for property /casualty insurance since 2003 and has provided the City with excellent service. She highlighted some of the information contained in the staff report and recommended that the contract with Brown & Brown be renewed. In response to Mayor Webb's question, Risk Manager Farley stated that Brown & Brown procures insurance for the City at the best prices possible, and assists with certificates of insurance for capital improvement contracts. Brown & Brown also assists with unusual situations, such as the special event policies that were required for the Centennial celebrations. Mark Zahoryin, Brown & Brown, stated that Brown & Brown is the seventh largest brokerage firm in the United States, with approximately 133 offices in 33 states. Volume 57 — Page 820 City of Newport Beach Study Session Minutes October 24, 2006 Mayor Pro Tem Rosansky joined the meeting at 4:50 p.m. Mr. Zahoryin described the market conditions that he is anticipating for 2007, and specifically stated that excess general liability renewal rates are expected to be stable and excess workers compensation rates are expected to be flat or possibly decrease. The master property policy premiums are also expected to be flat or decrease. Mr. Zahoryin stated that the premiums for earthquake, flood.and pier insurance are.anticipated to increase by as much.as 100 %, with a reduction in limits and an increase in deductibles. Mr. Zahoryin explained why the, changes are anticipated and what has occurred over the past three years in regard to the property insurance market. In response to Mayor Pro Tem Rosansky's question, Mr. Zahoryin stated that the recommended liability insurance level for contracts varies depending on the size and scope of the operation. In general, he stated that $2 million per occurrence is a good starting point. In response to an additional question by Mayor Pro Tem Rosansky, City Attorney Clauson stated that the City's current basic contract requirement is $1 million. Mayor Pro Tem Rosansky requested that this amount be reviewed. In closing, Mr. Zahoryin stated that Brown & Brown will continue to look at as many options as possible for the City, but that, in general, increases should be expected to continue over the next two to three years. 8. REVIEW OF THE 2006 JUNIOR LIFEGUARD PROGRAM. [100 -20061 Fire Chief Riley provided a brief report on what led to the change in the junior lifeguard program for the summer of 2006. .Using a PowerPoint presentation, Lifeguard Battalion Chief Boyer stated that the City's junior lifeguard program was established in 1984 with 50 participants. By 1997, the program grew to 1,000 participants, and in 2005, there were 1,200 participants with 300 individuals turned away. Ms. Boyer listed the program basics, and stated that safety and producing a quality program are what have made the program successful. Ms. Boyer stated that in 2006, two four -week sessions were held instead of the traditional one eight -week session, and 1,427 participants were accommodated. At the conclusion of the program, family and instructor surveys were sent out to assist the City in determining the future direction of the junior lifeguard program. Ms. Boyer rdported 'that 669 family surveys were ' received, with 60% of the respondents preferring the one eight -week session, 32% preferring the two four - week sessions and 8% trusting the City to make the decision. The survey also asked what method the respondents preferred for limiting the number of participants. The. preferences, in order, were to give priority to Newport Beach residents, priority to returning junior guards, requiring faster .swim times, increasing the fees and raising the age requirement. Respondents were very satisfied with the program's instruction, curriculum, safety and equipment, and somewhat unsatisfied with the facility and uniforms. Me. Boyer thanked those that.participated in the survey, and displayed some of the Volume 57 - Page 821 City of Newport Beach Study Session Minutes October 24, 2006 representative comments that were received Ms. Boyer then displayed the results of. the instructors survey, which -highlighted the advantages and disadvantages of both the two four -week program and the single eight -week program as perceived by the instructors. She reported that 94% of the instructors preferred the single eight -week program, feeling that the quality of the program is more important . than- the quantity of participants accommodated. Ms. Boyer stated that the priorities for the program are to continue to focus on safety and quality, and to offer what the participants want. She announced that staffs recommendation for the summer of 2007 is to hold one eight -week session. This would accommodate 1,200 participants and would be limited by giving Newport residents priority, reducing the allowed swim test attempts from seven to five and making the swim test times faster in each division by five seconds. Mayor Webb expressed the concern that the single eight -week program could potentially turn away 800 participants, particularly those with the slower swim times who might benefit from the program the most. He confirmed that the purpose of the program is to encourage ocean safety among the youth. Ms. Boyer pointed out that the instructors made the recommendation and feel that the slower swimmers are not quite ready for. the ocean experience. In response to Mayor Webb's additional question, she stated that the majority of the participants are in the 10 -11 and 12 -13 year old divisions. Mayor Webb asked if eliminating the 9- year old division as a way to limit participation should be considered. Ms. Boyer stated that the 9 -year old division is the target group for teaching ocean safety and nationally is considered a part of a 9 -11 year old division. In response to Mayor Pro Tem Rosansky's question, Ms. Boyer explained what is accomplished by the various age levels during the summer program. With the two four -week program, the participants still experience the ocean education aspect, but they do not experience the same bonding with the instructors as is accomplished with the single eight -week program. Council Member Curry complimented the survey, and stated that it was comprehensive and consistent with the comments that he has received. He expressed support for returning to the eight -week program. Council Member Ridgeway stated that the comments he's heard are also consistent with the survey and noted that he has firsthand knowledge since his child participated in both the eight -week and the four -week programs. He also expressed support for the eight -week program, and agreed that the facility used for the program should be improved. Council Member Selich stated that he also has had children go through the junior lifeguard program. He expressed his support for returning to the eight -week program. In response to his question, Ms. Boyer stated that the City's standards for accepting participants is similar to other cities. Fire Chief Riley stated that staff will continue to look for ways to impiove the program and make it available to as many participants as possible. ' Council Member Nichols stated that he also had children go through the eight- Volume 57 - Page 822 City of Newport Beach Study Session Minutes October 24, 2006 week program, and that it is a quality program. He expressed support for the staff recommendation. In response to Mayor Webb's question, Ms. Boyer stated that approximately 50% of the junior guards return the following year. Mayor Pro Tern Rosansky agreed with Mayor Webb's concern for the participants that are being turned away and not being educated on ocean safety. He requested that staff continue to explore options. In response to City Manager Bludau's question, Ms. Boyer explained that the uniforms were given a low ranking in the survey because of the quality of the t- shirts and the logo that was selected., PUBLIC COMMENTS - None ADJOURNMENT - at 5:50 p.m. The agenda for the Study Session was posted on October 18, 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 823 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 24, 2006 — 7:00 p.m STUDY SESSION -4:30 p.m. CLOSED SESSION - 5:50 p.m. A. RECESSED AND REC C. D. E. F. H. ROLJ._CALL Present: Council Member Curry, Council Men Webb, Council Member Ridgeway; Nichols CLOSED. SESSION REPORT - No PLEDGE OF ALLEGIANCE INVOCATION - Chaplain Lloyd Se Pro Tem Rosafty, Mayor Daigle, CouncIftlember Presbyterian Centenniaftook Plesentation - . Dinwiddie introduced the author of the City's Centennial bo )Ctr, C stopher Trela. Trela displayed some of the 250 photos in the bo rep oka are vailable for $25 at City Hall, the Central Library, r Lido ks, and Martha's Bookstore, and online for $30 at ebb announced that the County Board of Supervisors approved the amended sp es issue agreement (Item S24) by a 3 -2 vote. He highlighted the benefits of the agreement, mainly the City's ability to review and make .determinations relative to John Wayne Airport (JWA). Mayor Pro Tem Rosansky noted that the City should now look at extending the airport limitations past 2016. Council Member Daigle added that the JWA issue is the resident's biggest threat to their quality of life. Mayor Pro Tem Rosansky announced that the State approved the sale of the 15 acre Sunset Ridge Park parcel to the City for $5 million. Mayor Pro Tem Rosansky congratulated the Bungalow Restaurant on its 10th anniversary. Mayor Pro Tem Rosansky announced that he attended the Friends and Naturalists Plein Air Volume 57 - Page 824 City of Newport Beach City Council Minutes October 24, 2006 I. Art Festival at the Muth Center and the Newport Lexus grand opening. Mayor Pro Tem Rosansky requested that an ordinance be placed on an agenda relative to screening mechanical equipment on residential rooftops. Council Member Ridgeway requested that a section regarding trash enclosures for commercial bins be included in the ordinance. Council Member Ridgeway announced that he visited Boston to watch the Newport Aquatic Club compete on the shores of the Charles River. Council Member Daigle discussed a lawsuit the City filed with the City of Tus ' gainst the City of Irvine and its developers relative to the appropriateness of boil close to 20,000 residential units along the City's border. Council Member Nichols received confirmation from Coastal Commission approved the master dredging Bay. He noted that the only constraints were placed 19th Street. go CONSENT_ CALENDAR 1. MINUTES OF THE AI: OF OCTOBER 10, 2006. written and order filed. 2. READINGANMRDINA 1 tuber eway that the ch allows Aging in the Peninsula from th Street to ND REGULAR MEETINGS of subject minutes, approve as PONS. Waive reading in full of all and direct City Clerk to. read by ER 4480 MACARTHUR BLVD., GENERAL PLAN NO. 200 -008, PLANNED COMMUNITY DEVELOPMENT ME NO. 2006 -001 (PA2006 -095) - MITIGATED NEGATIVE JTOTRGRO ATI AND GENERAL PLAN AMENDMENT TO INCREASE THE FLOOR AREA OF GENERAL OFFICE IN SUB AREA 1 -1 SITE A) OF THE AIRPORT AREA (STATISTICAL AREA L4) BY ROSS SQUARE FEET; AND AN AMENDMENT TO THE BOLL NEWPORT PLANNED COMMUNITY (PC -18) TO ALLOW THE ER OF 24,016 GROSS SQUARE FEET OF UNUSED RETAIL, RESTAURANT AND OFFICE SQUARE FOOTAGE FROM OFFICE SITE B TO OFFICE SITE A (PROPOSAL TO CONSTRUCT A 21,311 SQUARE FOOT, TWO -STORY OFFICE BUILDING OVER A SUBTERRANEAN PARSING GARAGE ON A 1.49 -ACRE SITE AT 4480 MACARTHUR BOULEVARD). f100 -20061 Adopt Ordinance No. 2006 -21 approving Planned Community Development Amendment No. 2006 -001. 4. PLANNED COMMUNITY DEVELOPMENT AMENDMENT NO. 2006-064 (PA2006 -178) - AMENDMENT TO THE AERONUTRONIC FORD PLANNED COMMUNITY DEVELOPMENT PLAN PROHIBITING NEW RESIDENTIAL SUBDIVISIONS IN PLANNING AREA 8. f100 -20061 Adopt. Ordinance No. Volume 57 - Page 825 City of Newport Beach City Council Minutes October 24, 2006 2006 -22 approving Planned Community Development Amendment No. 2006 -004. RESOLUTIONS FOR ADOPTION 5. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO JB SERVICES. [421100 -2006] 1) Adopt Resolution of Intention No. 2006 -92 to award a Non - Exclusive Solid Waste Franchise to JB Services and to schedule a public hearing on November 14, 2006; and 2) introduce Ordinance No. 2006 -23 granting a Non - Exclusive Solid Waste Franchise to JB Services and pass to second reading on November 14, 2006. -9 6. ADOPTION OF A RESOLUTION IN SUPPORT OF PROMSITION 83, KNOWN AS "JESSICA'S LAW ", DEALING WITH THE Taw,rMENT OF SEX OFFENDERS. [100 -2006] Adopt Resolution No. 2006 -9 ' s ort of Proposition 83. OV .19k 7. ADOPT RESOLUTION FOR THE INj20E OF STOP SAT THE CARNATION AVENUE AND SEA INTERSE N. [100- 2006] Adopt Resolution No. 2006-94 ation of STOP at the Carnation Avenue and Seaview Avenue 9. RENEWAL OF IN CE BR R OF RECORD - PROPERTY /CASUALTY I S E (C 88 [381100 2006] Approve the renewal of Brown &Brown, s the raker cord, for property /casualty insurance with annual broke Tees not 10 00 annually at a guaranteed rate for t s. 11. Withapplica OPE PAIR - COMPLETION AND ACCEPTANCE OF ). [38/ 0 2001 1) Accept the work; 2) authorize the City f Compl 'on; 3) authorize the City Clerk to release the Labor s r the Notice of Completion has been recorded in ca ortions of the Civil Code; and 4) release the Faithf ul (1) year after Council acceptance. 14. OCE PIE EPAIRS - AWARD OF CONTRACT (C- 8798). [381100 -2006] 1) App a the pl ns and specifications; 2) defer additive bid work; 3) award the con Act (C -3798) to John S. Meek Company, Inc. for the total base bid price of Va ,550 and authorize the Mayor and the City Clerk to execute the contract; 4) ush an amount of $68,000 (10%) to cover the cost of unforeseen work; and 5) ove a b udget amendment (07BA -020) in the amm ppropriated Tide and Submerged Lands Fund Balance to Account No. 7231 - 05100836. 15. APPOINTMENT TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). [100 -2006] Confirm Council Member 'Selich's appointment of Robert Rush to the District 5 at -large seat on the Environmental Quality Affairs Committee (EQAC). 16. HUMAN SERVICES GRANTS FOR 2006 -2007. [100 -2006] Authorize the Volume 57 - Page 826 City of Newport Beach City Council Minutes October 24, 2006 allocation of $25,000 in Human Services Grants as outlined in the staff report. 17. HOUSING ELEMENT IMPLEMENTATION - ANNUAL PROGRESS REPORT. [100 -2006] Receive, file and forward the Annual Housing Element Report to the State Department of Housing and Community Development (HCD). 18. SMART CONTROLLER INSTALLATION AND SERVICES PROGRAM. [100- 2006] 1) Approve a budget amendment (07BA -019) appropriating $300,000 to Account No. 7255- C5100969 for the Weather Based Irrigation Controller Program and increase revenue estimates by $300,000 representing the C D grant award; 2) approve a budget amendment appropriating $288,000 ceount No. 7251- C5100968 for the Weather Based Irrigation Controller Pro and increase revenue estimates by $288,000 representing rebate funding Municipal. Water District of Orange County ( MWDOC); and 3) authorize e ' urea of $366,500 from CALFED grant funds and MWDOC SmarTime to progr funds to install 400 weather -based irrigation controllers in Coro el May and ort Coast by Hydropoint Data Systems. 522. ADOPT RESOLUTION FOR THE I AL ON OF STOP SIG T THE, INTERSECTION OF NEWPORT DRIVE EAST A PORT SEABOURNE WAY. [100 -2006] Adopt ution No. 2006 -96 for the installation of stop signs at the intersecti� of Newport H rive East at Port Seabourne Way. Motion .Mayor Pro Tem prove the ent Calendar, except for those items removed (8, 10, 12, 13, S21 & S ). The motion cared b e following ro call Ayes: Council ember urry, Counc' ember Selich, Mayor Pro Tem Rosanaky, Mayor Web ouncil mber Ridgewa Council Member Daigle, Council Member Nichols J. ITEMS REM THE CO F.NT CAi.F.NDAR tELATM TO KELP REFORESTATION PROJECT: $5,000 TO CALIFORNIA COASTKEEPER ALLIANCE. [100 -2006] Assisfint CitylDnager Kiff reported that this will conclude a four year project that was acted by a Orange County CoastKeepers to replant kelp from Little Corona to stal Cove. He indicated that they ran out of grant funds and are requesting Rancy Caruso, California CoastKeeper Alliance, reported that the permanent kelp bed growing off of Little Corona is the only kelp bed in Orange County at this time. However, she indicated that Crystal Cove will have kelp coming up this winter. Motion by Council Member Curry to 1) adopt Resolution No. 2006 -95 relating to the California CoastKeeper Alliance's Giant Kelp Reforestation Program; and 2) authorize the City Manager to expend $5,000 to support California CoastKeeper Alliance's third and final year of the Kelp Reforestation Program. 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 Volume 57 - Page 827 City of Newport Beach City Council Minutes October 24, 2006 Member Nichols 10. LITTLE CORONA ROCKWEED RESTORATION - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH CAL STATE FULLERTON (C- 8895). [381100.20061 Assistant City Manager Kiff indicated that this is an attempt to deal with the State regulation relative to zero discharge in Areas of Special Biological Significance (ASBS). He stated that they are trying to repopulate some of the impacted habitats so the City can request that some discharge of water be acceptable. Motion by Council Member Ridgeway to approve a ions! Services Agreement with Cal State Fullerton for restoration >au k ttle Corona rocky intertidal areas at a not to exceed price of $85,151 and a M ayor and City Clerk to execute the agreement. 6 In response to Council questions, Assistant Cilomanager Kiff co ed that this project will not impact the use of the for a public and the City committed to match 15% of the grant a t. dicated that the Ci ay want to provide input to the State relative feasibility of the zero charge regulation. The motion carried by the fo roll call vo Ayes: Council Member Cur Co ember h, Mayor Pro Tem Rosanaky, Mayor Webb, Council ember ay, oil Member Daigle, Council 12. BUC L WETLAND MAINTENANCE ROAD REPAIRS AT 5TH ST ET - R CT BIDS CONTRACT (C-3778). [381100.20061 In res ncil Mem Nichols' questions, Mayor Webb indicated that the mm tion t t ole bid and that the project details can be discussed the lic Works r. He stated that staff will probably try to engineer the ject is not so expensive. Moti b Co cil Member Ridze to reject the sole bid. The otion carried by the following roll call vote: s: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 13. LITTLE CORONA BIOASSAY TESTING - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITI! WESTON SOLUTIONS (C- 3870). 1381100-20061 Assistant City Manager Kiff indicated that some of the proposed-tests could be done at the Back Bay .Science Center some day, but confirmed that this project is currently underway and that the City is one of the first cities to take on this type of project. He stated that monitoring should be done immediately so a baseline can be set. Motion by Council Member Ridgeway to approve Amendment No. 1 to the Volume 57 - Page 828 City of Newport Beach City Council Minutes October 24, 2006 Professional Services Agreement with Weston Solutions of Carlsbad to conduct bioaccumulation studies at Areas of Special Biological Significances along Newport Coast at a not to exceed price of $69,500 and authorize the Mayor and the City Clerk to execute the agreement. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selicb, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols _I S21. PROFESSIONAL SERVICES AGREEMENT WITH HOGL LAND, INC. FOR INTERIM PLANNING DIRECTOR (C -3896 AND BUDGET AMENDMENT TO TRANSFER FUNDS TO PROF AL SERVICES ACCOUNT. [381100 -20061 Council Member Selich recommended that the tjAW of the agreemen modified to five months, ending March 31, 2007, mon amounts b anged in accordance with the amendment, an a Ci anager provide cil with monthly updates. Motion b Co ncil Member Selich to approve the amended Professional Services Agreement with Ireland, Inc. d authorize the Mayor and City Clerk to execute the agree n d 2) approv a amended budget amendment (07BA -021) transferring $89, 85 to Pro ional and Technical Services, 2710 -8080, $72,825 in sa as m -7000 and $16,760 from unappropria neral Fund sery Dolor tting oted that P g .Director Temple will be retiring on February 1, 7. In r once to Ms. ing's question, Council Member Ridgeway indicated that t pos ility of hiring Community Development Director was discussed evio ' Membe lich and reported that the City Manager will be g a repo this concept in late November. The tion ed by the following roll call vote: .dyes ouncil tuber Curry, Council Member Sehcb, Mayor Pro Tem Rosansky, ayor We b, Council Member Ridgeway, Council Member Daigle, Council Member Nichols A ANA HEIGHTS EQUESTRIAN FACILITY — AMENDMENT NO. 1 TO ROFESSIONAL SERVICES AGREEMENT. (C -3840) WITH FUSCOE ENGINEERING, INC. [381100-20061 Mayor Webb questioned whether the County Redevelopment Agency (RDA) will be reimbursing the City. City Manager Bludau clarified that the County staff report recommended that the Board not fund any more projects, try to save as much money as possible, and end the RDA early. He stated that that the recommendation did not include any agreements already entered into with the City. He stated that, even though there is no formal agreement for this project, the City had talked with Supervisor Silva and County staff, and it was understood that the City would move forward with this project and be reimbursed using RDA funds. He noted that he will be talking with County CEO Mauk tomorrow to see what is happening relative to RDAs and their staffs final recommendations. He noted that the City has already Volume 57 - Page 829 City of Newport Beach City Council Minutes October 24, 2006 spent about $70,000. Assistant City Manager Kiff indicated that the project involves the installation of poles in a field that has been graded and has some footings. He stated that the project may also involve restoring an old arena depending on what the Coastal Commission requires. He reported that the project could cost an additional $100,000 to $250,000. Mayor Webb stated that, if this project is not going to be RDA reimbursable, he recommended either continuing, this for two months or adding the prof to the CEP budget. Council Member Daigle noted that this is the City's firsi,#Tportunity to fund an equestrian arena and that the residents in that area a waited a long time. She expressed hope that the momentum continues. tent City Manager Kill emphasized that the purpose of the amendment to gr %pgt is to monitor storm events in the area and that, by delaying the a ent, the ht not get the first flush of the season. Motion by Council Member.D�igle to rove Apandment No. 1 ofessional Services Agreement with Fuscoe Engi and authorize the r and City Clerk to execute the Amendment. In response to Council quest' City Attorn lauson reported that there is some dispute over ownership of a p of prop ert nd that the City is working with the property owners and the ossibly to over the strip of land or to come up with an agreement that uldn't a len title action. She confirmed that there is no trail system p nned at e. tant City Manger Kiff noted that the e an facility w d Oran unty Flood Control District land via an ac ent permit. nfirmed that horses can get down the upper part of t oad no Mayor o Rosansky note that the City has gone forward on many projects in fa erstan ' g that the County would reimburse the City. He e sse cern the , ity continuing to fund projects, it reinforces that the Co mi of have to spend the $40 million. He stated that the residents need to p ress n the County and let them know that doing things like this is not fair t the Ci ho is spending its tax dollars or the residents who have waited patie for the a projects to be completed. In Aspopse to Council Member Selich's questions regarding the Santa Ana Heights fiffi station and community center, City Manager Bludau indicated that the County supposed to reimburse the City $11.5 million for the community center. He stated that fire station will cost $4.5 million and the County hasnt reimbursed the City $1.5 million. He reiterated that the County cannot get out of their commitments. He added that County CEO Mauk believed that the City would get another $7.4 million, but he is not sure what the Board's commitment is. Council Member Curry believed that the City may need to rethink its relationship with the County and that the commitments need to be documenfed. He stated that the City needs to look comprehensively at all these projects for the future. Dolores Otting expressed concern relative to the size of the fire station and cost of the community center. She suggested suing the County for the $40 million. Volume 57 - Page 830 City of Newport Beach City Council Minutes October 24, 2006 D L. N. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Mayor Webb, Council Member Ridgeway, Member Nichols PUBLIC COMMENTS Selich, Mayor Pro Tem Rosansky, Council Member Daigle, Council Dolores Otting highlighted an Orange County Register article that discussed possible problems with the eminent domain measure (Measure W). Council Member CIPTY stated that, for Measure W to be invalid, Council would need to take an action would be adjudicated in court. He believed that, with the existing ordinance, 36asure W, and Proposition 90, eminent domain abuse for private gain will n^it. is community. City Attorney Clauson stated that there was no comment that nconstitutional, but only criticisms on how some councils might choose to get 4r Phil Arst, spok esperson for Greenlight Residents 9rouRo6elieved that this R&n election of personal attacks and misleading information. He --se d merits of Meas X and the problems with Measure V. IQL Assistant City Manager Wood confirmed that there uld be 18 unsatisfactory inlections at full build -out with the current Gerwral Plan, but new General Plan would reduce this to two unsatisfactory intersections a salt of the re 'ons in the Land Use Plan. George Schroeder believed that resid is s Measure nd noted that people can view the Measure on the City's website. Nancy Gardner, C of the Gen al Adviso mmittee (GPAC), indicated that the Commi neiste of 38 residen o worked on the General Plan for over 4.5 years. She noted t public mments we ceived at every meeting and that those comments were incorpo ted the General Ian. She emphasized that, after the residents provided input a eren't ch ed but the numbers were reduced. RAL ROMORT OM CI NCIL ON_CIOMMITTEE ACTIVITIES - None. PLANNIN OM ION AGENDA AND ORAL STATUS REPORT 19. PLA&ING CIFIMMISSION AGENDA FOR OCTOBER 19, 2006. [100 -20061 tant City Manager' Wood reported on the following Planning Commission r i s: Newport Beach Brewing Company (Use Permit No. 3485) - 2920 Newport oulevard; Marine Charter. Land Use and Parking Regulations (Code Amendment 2006 -006); Group Residential Facilities (Code Amendment 2006 -005); Day Care Regulations (Code Amendment 2006 -007); and Holiday Inn Express (PA2006 -182) - 2300 West Coast Highway. Regarding Group Residential Facilities, Council Member Ridgeway requested that the concepts of oral lease agreements and written lease agreements be defined. 20. MAYOR'S APPOINTMENT TO THE U1 MEMORIAL COMMITTEE. [100- 20061 Motion by Council Member Ridgeway to confirm the Mayor's appointment of Volume 57 - Page 881 City of Newport Beach City Council Minutes October 24, 2006 Council Member Curry to the 1/1 Memorial Committee. Council Member Curry announced that Mess Night, an event to help support the First Battalion/First Marines, will be held on October 26 and that the event is sold out. 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 Dai e, Council Member Nichols 524. CITY COUNCIL RECONSIDERATION OF PREVIO Y APPROVED SPHERES AGREEMENT NOW REVISED DEALI TH JWA AND UPPER AND LOWER BAY ISSUES AND DE ING SANTA ANA HEIGHTS PARK PROJECT AND HORSE T PROVI S (C-3885). [381100 -2006] City Manager Bludau reported that Coqgg ale took action on thi October 10, but the agreement has since been delete Santa Ana Heig ues. He indicated that the agreement would a effective on November Mayor Webb noted that the Board of upervisors ap ved the agreement this morning. Motion by Council Memb a to app a the revised agreement, Council Member Ridgeway s d that greem a legacy for the citizens of the City, will survive the S tlement t, d will bind future Board of SupeFasdpone I ding to Co sel. He ved that the sphere issues that thisA were come back a future in the City's favor. He emphasized that ugh contin negotiations, but future Councils will still need to do m' wor rob #Nichols' questions, City Manager Bludau explained in a provision that the City won't annex John Wayne xy or County property in the Country Club area. However, he aty is the property owner and the City would need their He indicated that this provision merely restates current State law. Jact Skinner indicated that he attended the County meeting this morning because hAives under the flight pattern and was concerned about the airport's impact on the uth Center if the runway was expanded. He. commended everyone involved because the agreement protects the resident's quality of life. Nancy Skinner thanked the City and emphasized that this is a huge step forward for the City in regard to the airport issue. 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 525. RESULTS OF FINAL FISCAL IMPACT ANALYSIS OF GENERAL PLAN Volume 57 - Page 832 City of Newport Beach City Council Minutes October 24, 2006 UPDATE. [681100 -20061 City Manager Wood reported .that the proposed General Plan would return a little over $2 million more -in revenue than it would cost to provide municipal services for all the land uses. She indicated that this is a better result than the existing General Plan's amount of $1.4 million. Phil Arst, Greenlight, expressed concern that there is no background to show how the numbers were reached and that this study is flawed. He noted that a Daily Pilot article indicated that developers will only pay part of the cos for street improvements. He stated that they polled 1,000 residents and 213 ' 'cated that they didn't want streets enlarged. City Manager Wood indicated the consultant only provided a memo in the report but there is extensive umentation in the fiscal impact model that was provided to the Gener an date Committee (GPUC), the General Plan Advisory Committee (GP , the Plan g Commission, and City Council. City Clerk Mayor Volume 57 - Page 888