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HomeMy WebLinkAbout04/11/2006 - Regular MeetingA CITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 11, 2006 — 7:00 p.m. STUDY SESSION - 4:00 p.m. CLOSED. SES.S.ION - 6:00 p.m. A. RECESSED. AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL. CALL Present: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Daigle, Council Member Nichols Excused: Council Member Ridgeway C. CLOSED SESSION REPORT - None D. PLEDGE. OF ALLEGIANCE - Council Member Rosansky E. INVOCATION - Council Member Curry City Manager Bludau shared the news that the 1/1 Marine Division suffered its first casualties and lost two men over the weekend. F. PRESENTATIONS Presentation of plaque to former Council Member/Mayor John Heffernan. Mayor Webb presented a five -year pin and plaque to former Council Member Heffernan, acknowledging his five years of service to the City. Relay for Life Presentation. Anna Lisa Biason announced that the 5th Annual Relay for Life event to raise money for the American Cancer Society, would be taking place from 10:00 a.m. on May 20th to 10:00 a.m. on May 21st. Additional information can be obtained by accessing their website at www.acsevents.org /relay /ca /newportbeach. She introduced Andrea Waite from American Yacht Charters and announced that the 2nd Annual Cruise for a Cure, would be taking place on April 30th from 12:00 noon to 3:00 p.m. Ms. Waite stated that American Yacht Charters is pleased to be donating the Yacht Endeavor for the event and invited everyone to attend. G. NOTICE TO THE PUBLIC H. CITY, COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COU_.NCIL MEMBERS WOULD LIKE. PLACED ON A,FUTURE AGENDA FOR DISCUS.SIO&ACTION OR REPORT (NON- DISCUSSION_ITE_M): Council Member Curry personally acknowledged former Mayor Heffernan and thanked him for his service to the community. Volume 57 - Page 611 City of Newport Beach City Council Minutes April 11, 2006 i Council Member Curry announced that he attended a public finance conference in San Francisco the week prior and learned more about the use of eminent domain. He noted that the City Council will consider taking action on the matter later in the current meeting, Item No. 16. Among the proposals at the State level to address the issue of eminent domain, is the Protect our Homes initiative. He requested that the City Attorney consider the impact of the Protect our Homes initiative in conjunction with the Greenlight lI initiative, as a part of the fiscal impact analysis currently being done on the Greenlight II initiative. Mayor Pro Tem Rosansky announced that the Newport Beach Film Festival will be taking place from April 20th - 30th at multiple venues throughout the City. Council Member Daigle stated that the Marion Bergeson Aquatics Center is in need of refurbishment and announced that there is a community fundraising effort currently underway. She requested that the City Council consider pledging $290,000, as a part of the upcoming budget, to match the community contributions. Secondly, she requested that the City's 29% usage of the pool be maintained. Mayor Webb announced that there are 143 days until the City's 100th birthday; and he shared a "Centennial moment ". I. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 28, 2006. Waive reading of subject minutes, approve as amended and order filed. Council Member Curry requested that on page 594 of the regular meeting meetings that his request regarding eminent domain be corrected to read, "which excludes eminent domain for private purposes ". 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTION FOR ADOPTION 3. RESOLUTION REGARDING DISABILITY RETIREMENTS OF CITY OF NEWPORT BEACH EMPLOYEES; AND INDUSTRIAL DISABILITY RETIREMENT DETERMINATIONS OF LOCAL SAFETY EMPLOYEES WHO ARE MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND RESCINDING RESOLUTION NO. 95 -138. [100 -2006] Adopt Resolution No. 2006 -27 delegating authority to the City Manager to act on behalf of the City with regard to disability retirements of city employees; establishing a procedure for industrial disability retirement determinations of local safety employees who are members of PERS and rescinding Resolution No. 95 -138. CONTRACTS AND AGREEMENTS 4. CONTRACT FOR WORKERS COMPENSATION THIRD PARTY ADMINISTRATION (TPA) SERVICES (C- 3040). [381100 -2006] Approve the contract for Workers Compensation Third Party Administrator (TPA) services with Volume 57 - Page 612 City of Newport Beach City Council Minutes April 11, 2006 Hazelrigg Risk Management Services (HRMS) which continues a joint agreement to provide TPA services for the self- insured workers compensation programs for Cities of Newport Beach and Costa Mesa for the initial term of April 1, 2006 to December 31, 2006 with the option for two -one year extensions. 5. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF CEQA DOCUMENTS FOR A PROJECT ON WEST COAST HIGHWAY AT DOVER DRIVE (C- 3712). [381100 -20061 1) Approve an Amendment to the Professional Services Agreement with RBF Consulting of Irvine for additional work required in conjunction with preparation of an Initial Study and Mitigated Negative Declaration for an additional amount not to exceed $5,795; and 2) authorize the City Manager to sign the agreement. 6. PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT PLANNING SERVICES (C- 3833). [381100 -2006] 1) Approve a Professional Services Agreement with Hogle- Ireland, Inc. of Irvine for contract planning services in an amount not to exceed $266,400; 2) authorize the City Manager to sign the agreement; and 3) approve a budget amendment (06BA -057) increasing revenue estimates in 2700 -5003, Zoning and Plan Review Fees, by $150,000 and increasing expenditure appropriations in 2710 -8080, Professional and Technical Services by $180,000 (the remaining $30,000 will come from the General Fund unappropriated fund balance). 7. PACIFIC COAST HIGHWAY (PCH) IMPROVEMENTS FROM MORNING CANYON TO CAMEO SHORES - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3435). [381100 -20061 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve a budget amendment (06BA -058) transferring $11,000 from the Unappropriated Circulation and Transportation Fund to PCH Improvements from Morning Canyon to Cameo Shores Construction Account 7261- C5100650. 8. PROFESSIONAL SERVICES AGREEMENT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE HYATT REGENCY NEWPORT BEACH EXPANSION (C- 3834). [381100 -20061 1) Approve a Professional Services Agreement with The Planning Center of Costa Mesa for professional environmental services to prepare an EIR for an amount not to exceed $135,565; and 2) authorize the City Manager to sign the Agreement. 9. CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WEC CORPORATION (C- 3835). [381100 -20061 1) Approve a Professional Services Agreement with WEC Corporation of Placentia for construction management and inspection services at a contract price not to exceed $45,000 and authorize the Mayor and the City Clerk to execute the Agreement; and 2) approve a budget amendment (06BA -059) transferring $45,000 from salary savings in the Engineering Division (5100 -7000) and transfer the funds to Engineering Division Services Professional and Technical Account 5100 -8080. Volume 57 - Page 613 City of Newport Beach City Council Minutes April 11, 2006 MISCELLANEOUS 10. BUDGET AMENDMENT - CONTRACT CLASSES. [100 -20061 Approve a budget amendment (06BA -056) to increase the Revenue and Expenditures Accounts due to increased registration, increased fees, and new contract classes, which require additional payments to instructors. 11. APPROVAL OF NEWPORT BEACH FILM FESTIVAL BANNERS - ENCROACHMENT PERMIT N2006 -0147. [100 -20061 Conditionally approve the request of Display City, Inc. for the installation of 40 banners on 20 street light poles from April 12, 2006 to April 30, 2006 for the annual Newport Beach Film Festival (installation will be along Newport Center Drive East/West). Regarding Item No. 8 and at the request of Council Member Nichols, City Manager Bludau stated that the Hyatt Regency proposes to expand by adding 88 new timeshare units, a new 24,387 square foot ballroom, a 10,072 square foot spa, and two -level parking garage, with the implementation of the project requiring the demolition of 12 villas and the existing 3,190 square foot ballroom and the elimination of the executive golf course. Motion by .Mayor Pro Tem..Rosansky to move affirmative action of the Consent Calendar, noting the amendment to Item No. 1. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Nichols Absent: Council Member Ridgeway J. ITEMS REMOVED FROM THE CONSENT CALENDAR - None K. PUBLIC HEARINGS 12. SOBER LIVING BY THE SEA - USE PERMIT NO. 2005 -031, OFFSITE PARKING AGREEMENT NO. 2005 -005 (C- 3836), MODIFICATION PERMIT NO. 2005 -133 - 2811 VILLA WAY (PA 2005 -136). 1381100 -20061 Motion by Mayor Pro Tem Rosansky to continue the item to May 23, 2006. City Attorney Clauson explained that the item was agendized as the result of an appeal by the applicant of a decision by the Planning Commission, and that the applicant has agreed to give the City additional time to look at the issues before a final determination is made by the City Council. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Nichols Absent: Council Member Ridgeway 13. JUSTICE ASSISTANCE GRANT. [100 -20061 Police Lieutenant Tom Gazsi provided a brief staff report and responded to questions of the City Council. Motion.by. Mayor Pro Tem Rosansky to accept funding of the Crime Prevention Volume 57 - Page 614 City of Newport Beach City Council Minutes April 11, 2006 Program under the provisions of the United States Department of Justice, Justice Assistance Grant 2006- F2899- CA -DJ. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Nichols Absent: Council Member Ridgeway 14. GENERAL PLAN UPDATE: DRAFT ENVIRONMENTAL IMPACT REPORT AND HARBOR AND BAY, HISTORICAL RESOURCES, RECREATION, ARTS AND CULTURAL, NATURAL RESOURCES, SAFETY, AND NOISE ELEMENTS. [681100 -2006) Assistant City Manager Wood referenced the staff reports and handouts, and explained that they include the revisions made by the General Plan Advisory Committee (GPAC), the Planning Commission and the City Council, as well as the resulting draft language for each policy. She announced that the draft General Plan is currently available in the Planning Department and City libraries, or can be accessed at www.nbvision2025.com. She noted the latest handout, which showed the changes made by the Planning Commission at their meeting on April 6, 2006. Using this document, she began the review of the elements by explaining the changes made by the Planning Commission to the Harbor and Bay Element. Council Member Curry confirmed that a consensus was reached between the Planning Commission and the Harbor Commission on the issues associated with the Harbor and Bay Element. A general discussion and clarifications followed. Harbor Commission Chairman John Corrough specifically clarified that "temporary" was removed from the title of Policy HB 5.5, Temporary Rental of Moorings, to eliminate the redundant use of the term in the policy. Mayor Pro Tem Rosansky suggested that "temporary' remain in the title, and it was the consensus of the Council to do so. Assistant City Manager Kiff expressed staffs belief that the current practice of making a private profit off the transfer of moorings from one individual to another is not an appropriate activity to occur on public tidelands. He stated that the language proposed by the Harbor & Planning Commissions for Policy HB 5.6, Mooring Transfers, does not support this belief, and he recommended that the language previously approved by the City Council be retained. Council Member Selich asked what the practice is in other harbors on mooring transfers. Assistant City Manager Kiff stated that it varies, but that he has received some sample ordinances that the City could use. Harbor Commission Chairman Corrough stated that the Harbor Commission believes that their recommended language is adequate to accomplish what staff desires. Carter Ford stated that the current waitlist system is not a functional way to reassign mooring permits. He referred to the letter in the agenda packet from the Harbor Commission, and expressed his support for allowing mooring permits to be transferred. He asked that the City Council support the language recommended by the Planning and Harbor Commissions. In response to Mayor Pro Tem Rosansky's question, Mr. Ford stated that he has personally transferred between ten and Volume 57 - Page 615 City of Newport Beach City Council Minutes April 11, 2006 twenty mooring permits during the past five years Xavier Victor Peniche Fuentes stated that there should be a law to dispose of boats that are not used for a specified period of time. Bill Moses expressed his support for the recommendation of the Harbor and Planning Commissions, and stated that the language being recommended by staff is inappropriate for a General Plan document. He spoke in opposition to the waitlist system. Seymour Beek stated that this matter only became an issue when GPAC started changing the wording in the Harbor and Bay Element. He stated that the current system works, and expressed his opposition to a waitlist system. Mark Sites spoke in support of the transfer system. Glen Twitchell spoke in opposition to the waitlist system, and in support of the current system and the recommendation of the Harbor Commission. Monica Twitchell spoke in support of the transfer system, and the recommendation of the Harbor Commission. Chuck South spoke in support of the transfer system and the ability to select who the mooring will be transferred to. He expressed opposition to the waitlist system. Harbor Commission Chairman Corrough, speaking on behalf of himself and Harbor Commissioner Tim Collins, stated that the issue has been among the top five on the priority lists of both the Harbor Committee and Harbor Commission, since their inception. He asked for the City Council's support of the Harbor Commission's recommendations throughout the Harbor and Bay Element. Council Member Selich stated that the City Council should support the recommendations of the Harbor and Planning Commissions. He felt that the language recommended by staff for Policy HB 5.6 is too specific and restrictive for a General Plan. Council Member Curry suggested some changes to the wording recommended by staff and then agreed to support the recommendation of the Harbor Commission. With Mayor Webb and Council Member Nichols expressing support for the Harbor & Planning Commissions' recommendation, and Council Member Daigle and Mayor Pro Tem Rosansky expressing support for staffs recommendation, it was the majority consensus of the Council Members to support the Commissions' recommendations. Assistant City Manager Wood continued with her outline of the changes recommended by the Planning Commission. Assistant City Manager Kiff noted the proposed language recommended by staff included in the document for Policies HB 7.2 and 7.3, management of the upper bay marine park and nature preserve. It was the consensus of the Council Members to support the recommendation of staff. In response to Mayor Pro Tem Rosansky's concern, City Attorney Clauson suggested that the word "limit" replace the word "prohibit" in Policy HB 5.23 regarding the feeding of animals in the bay. It was the consensus of the Council Members to support the recommendation. City Attorney Clauson suggested that the title of Policy HB 12.4 be changed to, Volume 57 - Page 616 City of Newport Beach City Council Minutes April 11, 2006 "Tideland Permit Fees" and that the language be changed to reflect that the City would receive full cost recovery for permit processing. Laurie Kiesser, Newport Bay Naturalists and Friends, encouraged the City Council to support the staff recommendation for Policies HB 7.2 and 7.3. Xavier Victor Peniche Fuentes expressed his support for allowing everyone to have access to the bay. Dr. Jan Vandersloot suggested that the name of the Upper Newport Bay Ecological Reserve not be changed to Upper Newport Bay State Marine Park until it is actually changed by the State Department of Fish and Game. Monica Twitchell noted that Policy HB 12.1, Tideland Revenue, refers to the moorings in the bay, as well as private piers and residential docks. Assistant City Manager Wood outlined the changes recommended by the Planning Commission to the Historical Resources Element. Mayor Webb stated that he would be providing some historical clarifications to Assistant City Manager Wood for incorporation into the document. He received the consensus of the Council Members to do so. Assistant City Manager Wood began the discussion of the Recreation Element by stating that the standard in the City, for many years, has been five acres per 1,000 persons for park dedication. She noted that the Planning Commission has recommended that a different standard for higher density residential be considered, and she noted that one acre of parkland per 1,000 residents has been added to Policy R 1.1 to address such development. Mayor Webb suggested that the added language be deleted. It was the consensus of the Council Members to support the recommendation of the Mayor. Assistant City Manager Wood continued with her review of the changes recommended by the Planning Commission to the Recreation Element, and provided clarifications in response to questions of the Council Members. Following discussion regarding Policy R 1.3, Mayor Pro Tem Rosansky suggested that the recommendation of the Planning Commission to make the language less specific as to when developers would get credit for any onsite open space development for open space projects not be supported. It was the consensus of the Council Members to support Council Member Rosansky's recommendation. Planning Director Temple provided additional clarification on the City's park dedication ordinance and the proposal to give credit for onsite recreational facilities within residential communities. Dr. Jan Vandersloot received clarification on Policy R 1.9, Passive Parks, and the concerns raised by the Planning Commission regarding the policy. Xavier Victor Peniche Fuentes stated that when recreation turns private, only privileged individuals, not the public, are allowed to participate. Carol McDermott suggested that a level of credit be provided for private recreational amenities and open space. Secondly, she agreed with the Planning Commission that a different standard for park dedication should be considered for higher density residential development. She also agreed with the Planning Commission Volume 57 - Page 617 City of Newport Beach City Council Minutes April 11, 2006 recommendation to make the language in Policy R 1.3 less specific Phillip Bettencourt, GPAC member, also suggested that a level of credit be given for private open space and recreation facilities, particularly for the higher density developments. Assistant City Manager Wood shared the comments received at the General Plan public workshop, held on April 1, 2006, regarding the Recreation Element. Assistant City Manager Wood outlined the changes recommended by the Planning Commission to the Arts and Cultural Element. She also shared the comments received at the April 1st public workshop regarding this element. Xavier Victor Peniche Fuentes stated that he'd like to submit a plan to the City on how to artistically improve the outdoors in Newport Beach. Mayor Webb suggested that Mr. Fuentes contact a member of the City Arts Commission with his ideas. Assistant City Manager Wood referred to the information provided in the staff report regarding the Natural Resources Element and outlined the changes to the element recommended by the Planning Commission. Mayor Webb suggested that language be added to clarify the difference between the Newport oil field and the West Newport oil field. He also requested that the language in Policy NR 3.5 be corrected to read, "storm drain system ". In regard to Policy NR 14.4, he suggested that the language be amended to define the wetland capacity as the capacity after restoration. In Policy NR 14.5, New Structure Design, he suggested that it be reworded so that piers, docks or other such facilities are not prohibited. Mayor Webb requested that Policies NR 19.1 and NR 19.3 be reworded so that the City would be allowed to continue operating its 16 wells. At the request of Council Member Curry, Assistant City Manager Wood explained why "environmentally sensitive areas" was changed to "environmental study areas ". Dr. Vandersloot expressed his disagreement with making the wording change, as just outlined by Assistant City Manager Wood, and suggested that the environmental impacts of making the change be examined in the General Plan Environmental Impact Report (EIR). In response to Council Member Daigle's question, Assistant City Manager Wood stated that she didn't believe the EIR would address the name change. Xavier Victor Peniche Fuentes stated that the issue is the sensitivity of the animal kingdom versus human habitat, and noted that the community is polluted and the misuse of substances can be harmful to the public. Mayor Webb recessed the meeting at 9:50 p.m. Mayor Webb reconvened the meeting at 10:00 p.m. and with the exception of Council Member Ridgeway, all Council Members were present. In response to Mayor Webb's concern, Assistant City Manager Wood suggested that the sentence in the storm surge context of the Safety Element regarding the dollar amount of damage from a 1939 tropical storm be deleted. Assistant City Manager Wood explained and outlined the changes recommended by Volume 57 - Page 618 City of Newport Beach City Council Minutes April 11, 2006 the Planning Commission to the Safety Element. Public Works Director Badum stated that beach replenishment applies to Policies S 1, S 2, and S 3, and recommended that the three policies be combined. It was the consensus of the Council Members to do so. Assistant City Manager Wood provided clarifications regarding the Noise Element in response to questions by the Council Members. At the request of Council Member Daigle, Assistant City Manager Wood explained the difference between the information provided in Table N2, Land Use Noise Compatibility Matrix, and Table N3. Noise Standards. Council Member Daigle suggested that a similar explanation be included in the context of the Noise Element to make the document more user friendly. Additionally, at the request of Council Member Daigle, Public Works Director Badum stated that he would look into the funding opportunities for barrier construction as addressed in Policy N 2.6. Mayor Webb expressed his understanding that the Noise Element is still being revised, and suggested that Policy N 1.1, Field Surveys for New Development, be modified to only require noise studies in problem areas. Assistant City Manager Wood confirmed that the contour maps are being revised and suggested that the language in Policy N 1.1 be changed to require studies only for projects that require environmental review. It was the general consensus of the Council Members to support the suggestion. Further, Assistant City Manager Wood confirmed for Council Member Nichols that the information provided in the Noise Element is consistent with that provided in City codes. Assistant City Manager Wood noted that the comments received from the Airport Land Use Commission and the John Wayne Airport have been incorporated into the Noise Element, and need to be included in the General Plan if the City is going to be found a consistent agency. Council Member Daigle stated that she'll address her remaining concerns that she has with Bob Burnham and come back to the City Council with any proposed changes. Assistant City Manager Wood further confirmed that the Airport Land Use Commission is in the process of reviewing the draft General Plan and may submit additional comments. At the request of Council Member Daigle, Planning Director Temple confirmed that staff will attempt to receive in writing from the Airport Land Use Commission what it means to be a consistent agency. Xavier Victor Penuche Fuentes explained that there is not an accurate device that measures sound. He also briefly discussed the noise from vehicles and sirens, and shared his thoughts regarding the consistent agency issue. L. PUBLIC COMMENTS Nancy Gardner, Orange Coast River Park Committee member, thanked the City for its support of the park, and stated that the winner of a student contest to develop the design for the several entry ways to the park will be announced on April 29th at an event taking place at Fairview Park from 11:00 a.m. to 2:00 p.m. Xavier Victor Peniche Fuentes stated that every city should own the media that gets distributed in their city. Secondly, he asked how he could form his own political party. Mayor Webb suggested that he contact the political science department at Orange Coast College. Volume 57 - Page 619 City of Newport Beach City Council Minutes April 11, 2006 M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC) - Council Member Selich reported that the Committee did not meet since the previous City Council meeting. Local Coastal Program Certification Committee - Mayor Webb reported that the Committee is meeting every other week and working on the implementation plan. Newport Coast Advisory Committee - Council Member Curry announced that the bids for the Newport Coast Community Center, as well as an agreement on the park dedication, should be presented to the City Council at the April 25, 2006, meeting. Mariners Joint Use Library Ad Hoc Steering Committee - Mayor Webb announced that the grand opening of the library will be taking place on April 20, 2006, at 11:00 a.m. City Centennial 2006 Committee - Mayor Webb stated that the Committee is continuing to meet. City Council/Citizens Ad Hoc Committee for Marina Park Planning - no report. City Council Ad Hoc Marina Park Advisory Committee - no report. City Hall Site Review Committee - Council Member Selich reported that the Committee is continuing with its review of potential sites, and that there are only a couple of sites remaining on the list. Facilities Finance Review Committee - Mayor Webb reported that the Committee is putting together its final recommendations and has nearly finished looking at the various different financial aspects of funding facility improvements. N. PLANNING COMMISSION AGENDA AND ORAL STATUS. REPORT 15. PLANNING COMMISSION AGENDA FOR APRIL 6, 2006. [100 -20061 Planning Director Temple reported on the following Planning Commission items: initiation of a code amendment to Chapter 20.65 (Height Limits); Thirtieth St. Architects, Inc. - 2961 Cliff Drive; Steadfast Investment Properties - 4343 Von Karman Avenue; Pendragon North America - 2101 Dove Street; and review of the General Plan update. O. CURRENT BUSINESS 16. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 1.35 TO THE NBMC LIMITING THE USE OF THE CITY S POWER OF EMINENT DOMAIN. [100 -2006] City Attorney Clauson provided a brief staff report and stated that the proposed ordinance was prepared at the request of Council Member Curry. Council Member Curry stated that the Kelo u. City of New London decision has opened a public debate on the rights of government to condemn, by eminent domain, private property and turn that property over to another private party for purposes of development. He stated that it is important that the City establish, in law, a firm policy in opposition to such takings. He stated that the proposed ordinance would provide protection to Newport Beach residents, and noted Volume 57 - Page 620 City of Newport Beach City Council Minutes April 11, 2006 that similar efforts are being done elsewhere in California Motion by Couneil, Member Curry to agendize the proposed ordinance for introduction at the City Council meeting of April 25, 2006: and direct the City Attorney to report back to the City Council, in advance of the deadline for placing a Charter amendment on the November 2006 ballot, with options for the Council's consideration. Skip Jackson provided the history on the use of eminent domain in Santa Ana Heights, and expressed his support for the proposed ordinance. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Daigle, Council Member Nichols Absent: Council Member Ridgeway P. M._OTION FOR RECONSIDERATION - None Q. ADJOURNMENT at 10:55 p.m. The agenda for the Regular Meeting was posted on April 5, 2006, at 3:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayor City Clerk Volume 57 - Page 621