HomeMy WebLinkAbout04/25/2006 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
April 25, 2006 — 7:00 p.m.
STUDY SESSION - 4:00 p.m.
- Cancelled
A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
B. ROLL CALL
Present: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb,
Council Member Ridgeway, Council Member Daigle, Council Member Nichols
C. CLOSED SESSION REPORT - None
D. PLEDGE OF ALLEGIANCE - Mayor Webb
E. INVOCATION - Pastor John Embree, Newport Harbor Lutheran Church
F. PRESENTATIONS
Relay for Life - Anna Lisa Biason announced that the 5th Annual Relay for Life will be held
on May 20 -21 at Newport Harbor High School. She invited everyone to a fundraiser, Cruise for a
Cure, on Sunday, April 30. She stated that people can call (949) 877 -1065 if they want to
participate in the Relay for Life or attend Cruise for a Cure.
Centennial Poster Contest Winner Presentations - Senior Services Director Knight reported
that the Education Centennial Committee created a 30 -page coloring book that will be distributed
to Newport -Mesa Unified School District elementary school children. She announced the winners
of the centennial poster contest and Mayor Webb presented them with certificates and pins. She
stated that the posters can be viewed on the City's website and at the Nautical Museum.
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR
Council Member Daigle reported that the Back Bay Science Center had its groundbreaking last
Sunday. She indicated that staff will bring back a report to Council regarding the Resource
Management Plan, the process, and how residents can get involved.
Council Member Ridgeway announced that he is no longer the District 14 Southern California
Association of Governments (SCAG) Representative. He reported that Council Member Daigle has
been elected as his replacement.
Council Member Ridgeway announced that the Bayview Landing Senior Housing ribbon cutting
ceremony will take place on April 26 at 11:00 a.m.
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Council Member Curry requested that some type of monument be created to honor the 1/1 Marines
who are serving in Iraq. He requested that the City Manager come back with a report at the May
23 meeting which forms an ad hoc committee consisting of members from the 1/1 committee,
veterans groups, the City Arts Commission, and the Parks, Beaches and Recreation Commission to
recommend a location, design, and funding plan for the monument. Council Member Ridgeway
recommended that the ad hoc committee also include an American Legion representative.
Council Member Selich announced that the Balboa Island Art Walk will be held on May 21 and
more information is on www.balboaislandartwalk.com. He also announced that the Balboa Island
Parade will be held on June 4 at 11:00 a.m. and Balboa Island will be holding a town hall meeting
on Saturday, April 29 from 10:30 a.m. to noon at the fire station.
Council Member Selich reported that Balboa Island will be holding a town hall meeting on
Saturday, April 29 from 10:30 a.m. to noon at the fire station.
Mayor Pro Tem Rosansky reported that the Newport Beach Film Festival started on April 20 and
will run until April 30. Council Member Ridgeway announced that there will be seminars over the
weekend. Mayor Webb announced that he presented Cinematographer Haskell Wexler with a
proclamation.
Mayor Webb stated that Boy Scout Troop 746 is in the audience to earn their communications
merit badge and Alicia Robinson of the Daily Pilot is back reporting on the City.
Mayor Webb announced that he attended the OASIS Senior Center volunteer recognition lunch on
Wednesday, the Donna and John Crean Mariners Branch Library dedication on Thursday, and the
ground- blessing ceremony for the St. Marks Presbyterian Church.
Mayor Webb announced that there are 129 days left until the City's 100th birthday and read
"Centennial Moments ".
I. CONSENT CALENDAR
READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF
APRIL 11, 2006. Waive reading of subject minutes, approve as written and order filed.
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.
ORDINANCES FOR INTRODUCTION
3. AMENDMENT TO THE 1997 UNIFORM ADMINISTRATIVE CODE
ESTABLISHING A JOINT BUILDING AND FIRE CODE APPEALS BOARD. [100-
2006] Introduce Ordinance No. 2006 -11 and pass to second reading on May 9, 2006.
RESOLUTION FOR ADOPTION
4. RESOLUTION EXTENDING THE CITY COUNCIL'S AD HOC COMMITTEE ON
OIL & GAS FIELD OPERATIONS. [100 -2006] Adopt Resolution No. 2006 -28
extending indefinitely the term of the City Council's Ad Hoc Committee on Oil and Gas
Field Operations.
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CONTRACTS AND AGREEMENTS
5. CENTENNIAL BOOK AGREEMENT WITH OCR MAGAZINES (C- 3761). [381100-
2006) 1) Approve the proposal submitted by OCR Magazines; 2) allow the final form of the
Professional Services Agreement with OCR Community Publications to be approved by the
Council Members on the Centennial Steering Committee and the City Attorney; and 3)
authorize the City Manager to execute the agreement.
6. TRAFFIC SIGNAL UPGRADES FY04 -05 - COMPLETION AND ACCEPTANCE OF
CONTRACT (C- 3764). [381100 -2006] 1) Accept the work; 2) authorize the City Clerk to
file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials
bond 35 days after the Notice of Completion has been recorded in accordance with
applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one
year after Council acceptance.
7. NEWPORT BOULEVARDIHOSPITAL ROAD RIGHT TURN MODIFICATIONS -
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH W.G.
ZIMMERMAN ENGINEERING (C- 8681). [381100 -2006] Approve Amendment No. 3 to
Professional Services Agreement with W.G. Zimmerman Engineering, Inc. and authorize
the Mayor and City Clerk to execute the Amendment.
8. IRVINE AVENUE WATER MAIN - UNIVERSITY DRIVE TO BRISTOL STREET
SOUTH - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3411). [381100-
2006] 1) Accept the work; 2) authorize staff to encumber $69,133.50 from the Water
Transmission Main Master Plan Improvement account balance to W.A. Rasic for work
completed; 3) authorize the City Clerk to file a Notice of Completion; 4) authorize the City
Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has
been recorded in accordance with applicable portions of the Civil Code; and 5) release the
Faithful Performance Bond one (1) year after Council acceptance.
10. JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH
BRISTOL STREET - AWARD OF CONTRACT (C- 3785). [381100 -2006] 1) Approve
the plans and specifications; 2) award the contract (C -3785) to R.J. Noble Company for the
total bid price of $911,669.50 and authorize the Mayor and the City Clerk to execute the
contract; 3) establish an amount of $90,000.50 to cover the cost of unforeseen work as
needed under the existing on -call professional services agreements and an amount of
$18,500 for geotechnical and materials testing services; and 4) approve a budget
amendment (06BA -062) appropriating $181,420 from the Measure M fund balance to
Account No. 7281- C5100831.
15. 2005 -2006 VARIOUS CITY SEWER MAIN IMPROVEMENTS AND BIG CANYON
TRUNK SEWER REPLACEMENT - AWARD OF CONTRACT (C- 3562). [381100•
2006] 1) Approve Letter Agreement between Big Canyon Country Club, Orange Count3
Sanitation District (OCSD) and the City regarding the construction of the Big Canyor.
Trunk Sewer Replacement, amended and restated City Easements, and Quitclaim of Cit3
Easement; 2) approve Construction Access Agreement with the Big Canyon Country Clul
for the construction of the Big Canyon Trunk Sewer Replacement; 3) approve the plans anc
specifications; 4) award the contract (C -3562) to Beador Construction for the Total Bic
Price of $4,063,300, and authorize the Mayor and the City Clerk to execute the contract
contingent upon OCSD obtaining all OCSD easements necessary to construct the project
and OCSD Board's approval on April 26, 2006 of the Letter Agreement noted above a.
Recommendation No. 1 and OCSD Board ratification of the OCSD staff letter agreement t(
reimburse the City for work performed by Clarke Contracting Corporation; 5) establish ar.
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amount of $400,000 (10 %) to cover the cost of unforeseen work; 6) approve Amendment No.
1 to Professional Services Agreement with Walden and Associates for additional design
and construction services for the Big Canyon Trunk Sewer Replacement for a not to exceed
additional fee of $89,150; 7) approve Professional Services Agreement with AESCO
Technologies, Inc. for geotechnical and material testing for the Big Canyon Trunk Sewer
Replacement for a not to exceed fee of $42,390; 8) approve a budget amendment (06BA-
064) appropriating $3,382,675 to Account No. 7251- C5600292 for the Big Canyon Trunk
Sewer Replacement and increase revenue estimates by $3,523,200.42, representing
OCSD's contribution for this work and including a 4% City administrative fee on the
construction costs; and 9) approve a budget amendment (06BA -064) transferring $378,000
from the Buck Gully Sewer Force Main Realignment project (Account No. 7531- C5600861),
$75,000 from the CdM Main Beach Sewer Relocation project (Account No. 7531- C5600862)
and $150,000 from the Wastewater Enterprise unappropriated fund balance to Sewer
Main Master Plan Improvements Account No. 7531- C5600292 and appropriate $19,000
from the General Fund unappropriated fund balance to Storm Drain Improvement
Program Account No. 7012- C510008.
MISCELLANEOUS
16. CORONA DEL MAR HIGH SCHOOL PARKING LOT PAVING. [100 -2006]
Authorize reimbursement of $80,052.50 to the Newport Mesa Unified School District for
one -half the cost to reconfigure and repave the parking lot and drop -off area at Corona del
Mar High School to be paid from Account 7261- C5200853.
17. REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE
CONDITIONS WHICH LED TO THE ADOPTION OF INTERIM URGENCY
ORDINANCE NOS. 2005 -7 AND 2005 -11 REGULATING MEDICAL MARIJUANA
DISPENSARIES. [100 -2006] Receive and file the report.
18. PROPOSED CITY COUNCIL POLICY B -17 /PARKS, FACILITIES AND
RECREATION PROGRAM DONATIONS. [100 -2006] Continue to the May 9, 2006
Council meeting.
19. APPOINTMENT BY MAYOR OF AD -HOC APPOINTMENTS COMMITTEE TO
REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL
COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO
OCCUR ON JUNE 30, 2006. [100 -2006] Confirm the Mayor's appointment of Council
Members Daigle and Selich and Mayor Pro Tem Rosansky (Chair) to serve on the ad -hoc
appointments committee to review applications and make recommendations to the full
Council for the Board and Commission vacancies scheduled to occur on June 30, 2006.
529. PURCHASE OF WARD "NO SMOKE" EXHAUST FILTRATION SYSTEMS FOR
FIRE APPARATUS (PHASE 3). [100 -2006] Approve the purchase of five Ward "No
Smoke" Exhaust Filtration Systems for fire apparatus.
530. RESOLUTION SUPPORTING THE GRANT PROPOSAL FOR FUNDING TO
PROMOTE WATER USE EFFICIENCY. [100 -2006] Adopt Resolution No. 2006 -33
endorsing the grant application for funding under the CALFED Water Use Efficiency and
Water 2025 Challenge Grant Programs.
Motion by Mayor Pro Tern Rosansky to approve the Consent Calendar, except for the items
removed (9, 11, 12, 13, 14, & 20), and noting the continuation of Item 18.
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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
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
9. BACK BAY SCIENCE CENTER - APPROVAL OF AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT WITH BAGAHI ENGINEERING, INC.
(C- 3460). [381100 -20061
Council Member Nichols pointed out that there is an increase in costs but indicated that
the project will be good for the Back Bay.
Council Member Ridgeway reported that the artificial tidepools that are being created at
the Center will relieve some of the pressure at Little Corona's tidepools.
Motion by Council Member Nichols to approve Amendment No. 3 to Professional
Services Agreement with Bagabi Engineering, Inc. for geotechnical observation and testing
in support of the Back Bay Science Center construction for an amount not to exceed
$66,260 to be funded from Account No. 7251- C0310600, and authorize the Mayor and City
Clerk to execute the Amendment.
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
11. BIOLOGICAL RESOURCE SERVICES FOR NEWPORT COAST - AMENDMENT
NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH CHAMBERS GROUP,
INC. (C- 3837). [381100 -20061
City Manager Bludau clarified that the agreement is for the identification and cataloging
of all flora and fauna in eight Newport Coast canyons so that they are protected while
work is being performed. Council Member Ridgeway noted that the work has already been
completed.
Motion by Mayor Pro Tem Rosansky to approve a budget amendment (06BA -060)
transferring $8,500 from the Morning Canyon Stabilization Project (7014- C5100805) to the
Newport Coast Watershed Assessment and Monitoring (7014- C5100851); and 2) approve
Amendment No. 1 to the Professional Services Agreement with Chambers Group, Inc. of
Irvine for a not -to- exceed fee of $8,500 and authorize the Mayor and City Clerk to execute
the Amendment.
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
12. NEWPORT COAST COMMUNITY CENTER AND SANTA ANA HEIGHTS FIRE
STATION AND TRAINING FACILITY - APPROVAL OF A PROFESSIONAL
SERVICES AGREEMENT WITH GKK WORKS (C- 3838). 1381100 -20061
In response to Council Member Nichols' question about placing the community center on
the fire station lot, it was pointed out that the contract is for two different locations and is
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just for the management of both the projects.
Public Works Director Badum pointed out that this contract is contingent on the award of
contracts for both facilities and the amount will be adjusted depending on whether the
projects are awarded.
Motion by Mayor Pro Tem Rosansky to approve a Professional Services Agreement for
construction management services with GKK Works and authorize the Mayor and City
Clerk to execute the Agreement in the amount of $539,111, contingent upon awarding the
contracts for the Newport Coast Community Center and the Santa Ana Heights Fire
Station.
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
13. BUDGET AMENDMENT AND AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH RBF CONSULTING TO PROVIDE SURVEY AND
IMPLEMENTATION OF THE AMORTIZATION PROGRAM FOR IDENTIFIED
NONCONFORMING SIGNS (C- 3623). [381100 -20061
In response to Council Member Nichols' concern, Council Member Selich noted that, prior
to adopting the sign ordinance, Council was made aware that it would cost additional
funds to expand the nonconforming sign inventory.
Motion by Council Member Selich to 1) approve a budget amendment (06BA -061) to
transfer $33,000 from unappropriated General Fund reserve, 010 -3605, to Account number
2710 -8261, Special Expense, Sign Regulations; and 2) approve and authorize the Mayor
and City Clerk to sign the amendment to the agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tom Rosansky, Mayor
Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols
14. AMENDMENT TO JOINT POWERS AUTHORITY AGREEMENT - INTEGRATED
LAW AND JUSTICE AGENCY (C- 3692). [381100 -20061
In response to Council Member Nichols' questions, Police Chief McDonell explained that
the information- sharing program is only one part of the agreement and highlighted the
advantages of the Integrated Law and Justice Agency program.
Motion by Mayor Pro Tern Rosansky to 1) adopt Resolution No. 2006 -29 which amends
Resolution No. 2005 -55, which authorized the City of Newport Beach to participate in the
Integrated Law and Justice Agency of Orange County (iLJAOC) and authorized the Mayor
to execute the Amended Joint Powers Agreement (JPA); and 2) authorize the City
Manager and Police Chief to execute any related documents consistent with the
implementation of this Agreement and grant continuing authority to the City Manager to
execute anticipated amendments to the JPA as recommended by the Chief of Police and
approved by the City Attorney and determined to be non - substantive in nature.
The motion carried by the following roll call vote:
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Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor
Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols
20. PARAMEDIC LIVING FACILITY, CORONA DEL MAR FIRE STATION #5. [100-
20061
Council Member Nichols noted that the Facilities Finance Review Committee is looking at
replacing facilities like this and expressed concern about the cost of the trailer.
Dolores Otting suggested leasing a trailer since the fire station may be torn down and
moved to the Crystal Cove area due to response times. She believed that this money
should be used to install a lighted crosswalk in Corona del Mar.
Fire Chief Riley emphasized that the fire station at Corona del Mar is not moving but
there may be an additional fire station built in the Crystal Cove area in the future. He
reported on the condition of the current trailer, why they are recommending purchasing
the trailer rather than leasing it, and how it can be utilized at other stations while they're
being rebuilt or remodeled. He also compared the purchase price and lease rate.
Motion by Council Member Curry to 1) authorize a budget amendment (06BA -063) to
transfer $65,000 in Undesignated General Fund Reserves to 2320 -9500 Structures and
Improvements; and 2) approve the purchase and installation of temporary housing for the
paramedics at Station #5 from Modular Lifestyles, Inc.
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
H. PUBLIC HEARINGS
21. INTERIM URGENCY ORDINANCE EXTENDING A TEMPORARY MORATORIUM
ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA
DISPENSARIES. [100 -20061
City Attorney Clauson reported that they are recommending extending the moratorium for
one year because it has not been determined whether Federal law preempts State law.
Motion by Council Member Ridgeway to adopt Urgency Ordinance No. 2006 -10
extending the temporary moratorium on the establishment and operation of medical
marijuana dispensaries for one (1) year.
Candice Haas stated that she works for a doctor's office and noted that citizens need safe
access to this medicine. She believed that all officers have to follow State law when there
is a conflict between Federal and State laws. She requested that Council not extend the
moratorium.
Steve Ary requested that Council not extend the moratorium and uphold State law so
there is safe access to medical marijuana.
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
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22. GENERAL PLAN UPDATE: LAND USE AND CIRCULATION ELEMENTS.
[681100 -20061
Assistant City Manager Wood utilized a PowerPoint presentation and highlighted the
Vision Statement that is included in the Draft General Plan. She noted that most of the
contents of the new Land Use Element focuses on areas where change is likely
and concentrates development in locations that visioning process participants told them
may be acceptable for growth. She displayed a map of the areas outside of the Special
Study Areas where there is growth and development potential and reviewed the amount of
residential development that may be allowed. She also reported on the General Plan
Advisory Committee's (GPAC) recommendations. Regarding Santa Ana Heights, she
reported that the City cannot amend the General Plan or Speck Area Plan without
written consent from the County and the County's Redevelopment Agency. She displayed
a map which showed the subareas for special study and a table of the major land uses
using the existing General Plan, buildout with the existing General Plan, buildout with
the draft General Plan, and the draft General Plan EIR. She pointed out that, even
though the proposed General Plan increases the number of average daily trips (ADT),
intersection performance will improve. She also reviewed the General Plan schedule and
stated that Council can place this on the ballot at the July 25 Council meeting.
Carlton Waters, Urban Crossroads, utilized a PowerPoint presentation and displayed a
table of traffic growth that is anticipated due to existing conditions and with the General
Plan EIR alternative, and a slide of the daily trip generation by subarea (Table ES -1A).
He reported that they are proposing that 18 intersections undergo improvements and
showed what would happen if regional growth was not considered with the General Plan
growth. He discussed a table showing the impacts of the April 20 Planning Commission
recommendations.
Land Use Element
Assistant City Manager Wood noted that the Planning Commission focused on the Land
Use Element, particularly the Airport, Newport Center, and West Newport Mesa areas,
and recommended that Council do the same.
Council Member Selich reviewed the thought process for his standard of review. Council
agreed that the community's main concern, after the airport, is traffic and
density /intensity. Mayor Pro Tem Rosansky stated his goal of eliminating the extra ADTs
in the draft General Plan. Council Member Ridgeway emphasized that he will be
aggressive in reducing intensity and density in the areas south of Bristol.
Referencing page 3 -3, Mayor Pro Tem Rosansky requested that "strategically inserted to
preserve" be replaced with "accommodated and still preserved ".
West Newport Mesa
Assistant City Manager Wood explained and outlined the changes recommended by the
Planning Commission to reduce the Floor Area Ratio (FAR) to .75 and the number of
housing units from 30 units /acre to 20 units /acre, which reduces trip generation by 7,022.
Council Member Ridgeway recommended changing the FAR further to reduce ADT.
Mayor Webb opened the public hearing.
In response to Dolores Otting's question about the mobile home park which has low income
housing, Assistant City Manager Wood reported that this will not change from the existing
General Plan. Planning Director Temple noted that the area has four mobile home parks
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that have about 22 units /acre.
Carol McDermott, representing Hoag Hospital, stated that .75 FAR is consistent for the
Newport Health Center, but expressed concern for the medical building across the street
from Hoag Hospital because it might have a 1.0 FAR. She hoped that the
existing /developed areas are categorized to be consistent with the existing development.
Assistant City Manager Wood noted that the Planning Commission didn't just look at trip
generation, but commented on the density of recent projects. She stated that a property
owner indicated that the recommendation of 20 units /acre was in line with what he wanted
to do.
Without objection, Mayor Pro Tern Rosansky recommended rezoning some of the
properties to medical office and proposed reducing the number of dwelling units /acre to 18
units /acre so that the ADT is further reduced by 11,218 trips, which is 2,000 trips fewer
than the existing General Plan. Council Member Ridgeway suggested taking out
commercial areas, rather than residential units.
In response to BJ Johnson's question, Assistant City Manager Wood noted that all the
public hearings have been advertised in the Daily Pilot. Council Member Ridgeway agreed
with Ms. Johnson's concern about property rights.
Newport Center /Fashion Island
Assistant City Manager Wood explained and outlined the changes recommended by the
Planning Commission and discussed the introduction of about 450 mixed use units. She
confirmed that the overall net increase is 8,000 ADT.
Dan Miller, The Irvine Company, indicated that they agree with the reduction in
residential and office units and with reducing the square footage of commercial units. He
noted that GPAC saw this area as the economic development area. Regarding the 300,000
square feet (4 increase they requested for Fashion Island, he reported that they plan to
use the remaining 175,000 sf, but will need additional square footage in order to compete
with South Coast Plaza. He requested that The Irvine Company be able to work with the
City to assist with reducing the ADT. He also requested that a flexible policy be developed
relative to transferring units between residential and hotel units since it would need to go
before Council anyway.
Council Member Selich proposed reducing the office space in order to protect the
residential units, cutting 25,000 sf from the retail area, and counting the trip reductions
along the MacArthur corridor towards Newport Center. He agreed that The Irvine
Company should meet with staff to see if further reductions can be made and requested
that this be brought back at a future meeting. Mr. Waters reported that, with these
reductions, the ADT is still 6,000 over the existing General Plan.
Carol McDermott pointed out that The Irvine Company is not the only property owner in
Newport Center and expressed concern that reducing the number of units by 150 takes
away from the other property owners. She added that there are other suitable locations
for additional residential units.
Dolores Otting expressed the opinion that the Avocado Avenue medical buildings cause a
lot of the traffic problems in this area and offered suggestions on how to relieve some of the
problems.
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Airport Area
Assistant City Manager Wood explained and outlined the changes recommended by the
Planning Commission and pointed out that the Airport Land Use Commission (ALUC) and
John Wayne Airport (JWA) provided correspondence. She reported that there are about
ten unmitigatable areas in the EIR and discussed what a Statement of Overriding
Consideration is. She displayed a map of the area and noted that the ALUC requested
that the City take the 65 Community Noise Equivalency Level (CNEL) line into
consideration. She reported that the Planning Commission requested that Council add the
reasons why the area would be treated differently and include a policy that the added
residential development could not eliminate any of the major landscaped areas. She
indicated that the Commission's recommendations reduce the ADT by 1,576, but it is still
about 10,000 trips over the existing General Plan.
Council Member Ridgeway stated that the Commission's reductions are acceptable, the
opportunity for smart growth is still intact, and the increase in traffic doesn't necessarily
come into the City's main residential areas. He believed that the City's affordable housing
needs can be met in this area. Mayor Pro Tern Rosansky stated that the City needs to find
a way to reduce the number of trips in this area since it's the biggest generator of trips in
the City.
Mr. Waters reported that, with the trip reductions made in the three areas tonight, the
total reduction has dropped from 3.49% to 1.63 %, and that there are about eight areas left
to review. Assistant City Manager Wood pointed out that tonight Council is discussing the
areas that have the greatest increase in trips. Mr. Waters reported that the extra trips are
coming from the increase in apartment units and hotel rooms and that the residential
units can be reduced to 2,200 and the density can be reduced in order to be trip neutral.
Council Member Selich recommended decreasing it to 2,000 units.
Without objection, it was recommended that the height restrictions be added to the policy
in FAR Part 77. Assistant City Manager Wood added that the ALUC and JWA requested
that the City be speck about the 203.68 feet above mean sea level and also reference the
datum point, but she believed that this is more appropriate for the zoning ordinance.
Council Member Ridgeway suggested that the height, multiple use, and 11,000 ADT issues
be deferred to the next meeting.
It was the consensus of Council to support not having housing inside the 65 CNEL line.
Dolores Otting expressed concern about how the area will be affected if high density, high
rises are built and agreed that trips need to be reduced.
Carol McDermott, representing the Koll Company, believed that there is a credit for mixed
use residential units. She indicated that they would like to work with staff to clarify
issues about the 65 CNEL line, residential units on the Conexant site, and possible
changes to the ROMA recommendations.
Carol Boice, GPAC member, noted that everyone wants the General Plan to pass, but
expressed the opinion that the recommendations may be deviating from the visioning
surveys. She recommended lowering the density in the airport area's residential villages.
Philip Bettencourt, representing Brookfield Homes, stated that their project would reduce
the authorized trips by two - thirds and noted that it is outside the 65 CNEL line. He
expressed concern with the current General Plan standards. He stated that the City needs
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to consider what would happen if there was a wholesale density reduction.
Council Member Nichols discussed possible 65 CNEL line modifications. Mayor Webb
pointed out that the City must use the current Airport Environs Land Use Plan (AELUP)
65 CNEL line until the airport adopts a new line.
Mayor Pro Tem Rosansky asked staff to compile some type of residential overlay that is
traffic neutral.
Circulation Element
In response to Council Member Nichols' question, Mr. Waters reported that, in Corona del
Mar, the Goldenrod and Marguerite signals will experience Level of Service (LOS) E traffic
conditions due to regional growth and they are not recommending improvements due to
the character of the area. Assistant City Manager Wood clarified that the existing
Circulation Element sets LOS D as a goal, not a standard, but they are proposing setting
LOS D as a standard in the draft Circulation Element for most of the intersections.
Council Member Selich noted that the Planning Commission hasn't made any
recommendations relative to the Circulation Element.
Harry Rinker referenced a letter he presented to Council and reported that the Mesa Drive
neighborhood opposes the addition of the horse trail since it cuts through the existing
landscaping which they own in -fee. He added that his property would have to be
condemned in order to have the trail in front of it. Since the proposed trail is already in
the Santa Ana Heights Specific Area Plan, City Manager Bludau indicated that staff will
determine the appropriate process to eliminate the trail in the Specific Area Plan and will
inform the Mesa Drive residents of the procedure.
Carol Boice noted that the proposed roadway classification system has been changed.
Mayor Webb reported that this occurred because the capacity of a street is difficult to
evaluate, so it was recommended that a range be used. He confirmed that this is
consistent with what the County has used.
Mayor Webb recessed the meeting at 11:09 p.m. and reconvened the meeting at 11:16
p.m. with all members of the City Council in attendance.
L. PUBLIC COMMENT
BJ Johnson, Corona del Mar Residents Association, invited Council to their general meeting
tomorrow at Sherman Gardens at 5:30 p.m.
Elise Wayman read a letter that was signed by Seacliff Mobile Home Park residents regarding the
closure. Mayor Webb directed her to contact the City Attorney's office so it can be determined if
her information should be presented to Council at a meeting.
Dolores Otting suggested that the memorial Council Member Curry recommended also include
other branches of the military and the City's firefighters and police officers. She recommended
displaying it at the Central Library or at City Hall. She also recommended hanging the American
flag from the 1/1 Marines behind the Council Members in the Chambers.
Council Member Ridgeway explained the intent behind the adoption of the 1/1 Marines and added
that there is already a monument at Newport Elementary School. Mayor Webb stated that there
are also monuments underneath the City's flagpole and at the American Legion.
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April 25, 2006
M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
23. PLANNING COMMISSION AGENDA FOR APRIL 20, 2006. [100 -20061
to
Council Member Daigle stated that the application to subdivide a tennis court lot at 6
Barrenger Court is being opposed by the neighbors. She requested that Council be
informed if any determination is made by staff.
24. 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 -20061
Motion by Council Member Curry_ to introduce Ordinance No. 2006 -12.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor
Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols
P. CURRENT BUSINESS
25. RESOLUTION ENTERING INTO A SISTER CITY RELATIONSHIP WITH
ENSENADA, MEXICO. [100 -20061
City Manager Bludau reported that the City currently has three sister cities and the Sister
City Association is requesting that Ensenada, Mexico, also become a sister city. Mayor
Webb noted that the City has had a relationship with Ensenada for many years and
Ensenada has formed a group similar to the City's Sister City Association to foster the
relationship. Council Member Ridgeway added that a sister city relationship is civic,
cultural, and educational, and highlighted Ensenada's attributes.
Sid Stokes, Sister City Association, stated that the sister city program establishes
friendships between cities. He reported on what was involved in their decision,
emphasized that Ensenada is only three hours away, and recommended that Council adopt
the resolution.
Motion by Council Member Ridgeway to adopt Resolution No. 2006 -30.
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
Abstain: Council Member Nichols
26, THIS ITEM LEFT BLANK INTENTIONALLY.
27. NEWPORT COAST COMMUNITY CENTER: AWARD OF CONTRACT (C- 3577),
ADOPTION OF RESOLUTIONS AND OPERATING AGREEMENT RELATING TO
NEWPORT RIDGE PARK AND CRESTRIDGE PARK, BUDGET AMENDMENT,
COUNCIL POLICY ON COMMUNITY ACCESS AND USE PLAN FOR CENTER.
[381100 -20061
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City Council Minutes
April 26, 2006
Assistant City Manager Kiff utilized a PowerPoint presentation to discuss the Newport
Coast Community Center, Newport Ridge Park issues, the bid award, and the
recommendations. He emphasized that the funding for the community center did not come
from excess assessment district payments or excess property tax payments. He also
displayed a map showing the three park parcels.
Discussion ensued relative to the City's share of the furnishings, fixtures and equipment
(FF &E) costs, the Community Access and Use Plan, Parcel C, Crestview Park
use restrictions, and the homeowner association's desire to not have an operating
agreement with the City for the ballfields and tennis courts.
Council Member Ridgeway believed that this does not comply with the Subdivision Map
Act. City Attorney Clauson noted that the second resolution identifies the Map Act as a
major issue but clarified that the action is not to create a new parcel or split the parcel, but
to accept a portion within the parcel as described by the legal description. She also
clarified that the City is not executing a deed. Council Member Ridgeway believed
that the operating agreement should have the City controlling the baseball fields in Parcel
B. Council Member Daigle emphasized the City's need for more fields and that there
would be more access to the fields if the City managed them.
Mayor Webb noted that they do not have a complete map of Parcel C. Assistant City
Manager Kiff indicated that he can bring back the resolution at the next meeting that
includes the legal description and a diagram of the lot.
Dan Wampole, Newport Ridge Homeowners Association, stated that they always
negotiated to keep the park. He stated that the association owns it, understands that
there is in Offer of Dedication (IOD) on it, and understands its legal implications. He
stated that they support staffs recommendations, even though all the details are not
worked out yet. He indicated that they would not support the City managing the
ballfields. He indicated that, if other people wanted to use the fields, they can contact the
association. He confirmed that the sidewalks will remain open. Council Member
Ridgeway believed that the IOD was included with the intent to create a park for the
entire City and that it supercedes the Pre - Annexation Agreement (PAA). Mr. Wampole
pointed out that the residents have been paying for the upkeep of the park and are willing
to give the City only the community center land.
Don Phelps expressed concern about losing part of the park and requested that a vote be
taken relative to whether the residents even want the community center. He requested
that Council reject the recommendations.
John Buttolph stated that he agrees with Council Member Ridgeway. He believed that the
City needs more ballfields and should manage them. He noted that the IOD gives the City
an option which will benefit all the residents.
Dolores Otting took issue with giving priority of the center to the Newport Coast residents
and believed that this is setting precedence. She noted that Newport Coast residents don't
pay for a lot of City services that everyone else pays for.
Philip Greer indicated that he initially opposed the annexation, but has since changed his
mind. He believed that the recommendations are a compromise that will bring Newport
Coast residents into the City.
Council Member Curry believed that the community center is needed for the City, it is
appropriate for the City to pay the funding shortfall, and it is important to respond to the
bids so costs don't increase further. He emphasized that Newport Coast is a part of the
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April 25, 2006
City and supported the recommendations.
Motionn_ Council Member Curry to A. NEWPORT RIDGE PARK RESOLUTIONS -
1) adopt Resolution No. 2006 -31 accepting a portion of the Newport Ridge Park property
offered to the City of Newport Beach by the San Joaquin Hills local parks Irrevocable Offer
of Dedication and reserving the right of the City of Newport Beach to accept the remainder
of the property; and 2) adopt Resolution No. 2006 -32 declaring the City's intent to, at a
future date, reject portions of the remaining property offered to the City of Newport Beach
by the San Joaquin Hills local parks Irrevocable Offer of Dedication; B. NEWPORT
RIDGE PARK OPERATING AGREEMENT - authorize the City Manager to enter into an
Operating Agreement with the Newport Ridge Community Association as to the
Association's operation of the two ballfields and parking lot at Newport Ridge Park
(agreement shall substantially reflect the terms shown in Exhibit H); C. AWARD OF
COMMUNITY CENTER CONTRACT & BUDGET AMENDMENT - 1) approve the plans
and specifications; 2) approve a budget amendment (06BA -065) appropriating the funds as
follows to the Project: (a) $6,689,725 from Newport Coast Annexation Funds ( "Newport
Coast Community Center" - 7251- C5100569); and (b) $2,761,995 from General Fund
Operating Reserves; 3) award a contract (C -3577) to Bernards Bros., Inc. for the total bid
price of $8,159,000, and authorize the Mayor and the City Clerk to execute the contract; 4)
provide that $800,000 of the budgeted amount in Item C -2 may be used to cover the costs
of testing, unforeseen work and permits and up to $400,000 may be used for construction
management; 5) approve Amendment No. 1 to the Professional Services Agreement with
Dougherty & Dougherty Architects LLP; and D. NEW COUNCIL POLICY ON NEWPORT
COAST COMMUNITY CENTER COMMUNITY ACCESS AND USE PLAN -adopt Council
Policy B -18 relating to a Community Access and Use Plan for the Newport Coast
Community Center.
Council Member Nichols expressed his support of the motion and noted that, if this is not
approved, the association keeps control of the entire park, there would be no community
center, and the City would need to pay the association back the remainder of the $7
million. He noted that the City has given area residents priority over facilities before.
Council Member Ridgeway believed that this is not a gift of land from the association or
Committee of 2000 since the IOD exists. He noted that, in an agreement with the Irvine
Ranch Water District (IRWD), the City was supposed to take over Newport Coast's
infrastructure if it was taken over by the City, which equates to about $25 million, but the
City hasn't done this.
Mayor Webb indicated that he could agree with rejecting Parcel C, as long as the City
produces a map that shows the area. He requested that the map include a public sidewalk
easement that roughly follows the same alignment as the current sidewalk.
Substitute motion by Mayor Pro Tem Rosansky to A. NEWPORT RIDGE PARK
RESOLUTIONS - 1) adopt Resolution No. 2006 -31 accepting a portion of the Newport
Ridge Park property offered to the City of Newport Beach by the San Joaquin Hills local
parks Irrevocable Offer of Dedication and reserving the right of the City of Newport Beach
to accept the remainder of the property; and C. AWARD OF COMMUNITY CENTER
CONTRACT & BUDGET AMENDMENT - 1) approve the plans and specifications; 2)
approve a budget amendment (06BA -065) appropriating the funds as follows to the
Project: (a) $6,689,725 from Newport Coast Annexation Funds ( "Newport Coast
Community Center" - 7251- C5100569); and (b) $2,761,995 from General Fund Operating
Reserves; 3) award a contract (C -3577) to Bernards Bros., Inc. for the total bid price of
$8,159,000, and authorize the Mayor and the City Clerk to execute the contract; 4) provide
that $800,000 of the budgeted amount in Item C -2 may be used to cover the costs of
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City Council Minutes
April 25, 2006
testing, unforeseen work and permits and up to $400,000 may be used for construction
management; 5) approve Amendment No. 1 to the Professional Services Agreement with
Dougherty & Dougherty Architects LLP; and continue the other items for further study.
Assistant City Manager Kiff noted that the substitute motion is the scenario the Newport
Ridge Homeowners Association feared because it offers no assurances that the remainder
of the park would remain private. He clarified that, if the second resolution was adopted
tonight, a resolution will be brought back to Council at the next meeting that rejects the
parcel and includes a legal map and the suggestion to include a public sidewalk easement.
City Attorney Clauson explained that the second resolution is only a declaration of
Council's intent. She believed that, if Council does not object to Parcel C remaining the
association's, a resolution can be brought back to show exactly where the public sidewalk
will be. City Manager Bludau stated that the association is now aware of what the
expectation for the ballfield is and, if the use is not being met, Council can come back and
accept the IOD. He believed that, by not accepting the IOD now, the City will have use of
the fields but won't be paying for maintenance. Council Member Ridgeway believed that
the agreement does not do this. He suggested approving the IOD for Parcel B and taking
over management of the ballfields.
Council Member Curry noted that the operating agreement states that the priority for the
ballfields after the Newport Coast teams are accommodated, is to City associated leagues
and teams. He expressed concern with off - tracking or aborting the community center
project.
Amended substitute motion by Mayor Pro Tern Rosansky to A. NEWPORT RIDGE
PARK RESOLUTIONS - 1) adopt Resolution No. 2006 -31 accepting a portion of the
Newport Ridge Park property offered to the City of Newport Beach by the San Joaquin
Hills local parks Irrevocable Offer of Dedication and reserving the right of the City of
Newport Beach to accept the remainder of the property; and 2) adopt amended Resolution
No. 2006 -32 declaring the City's intent to, at a future date, reject portions of the remaining
property offered to the City of Newport Beach by the San Joaquin Hills local parks
Irrevocable Offer of Dedication, provided that such rejection of the parcel includes the
establishment of an easement or similar mechanism that ensures that the sidewalk along
Coyote Canyon Landfill and the sidewalk along Newport Ridge Drive through Newport
Ridge Park remain open to the public; and C. AWARD OF COMMUNITY CENTER
CONTRACT & BUDGET AMENDMENT - 1) approve the plans and specifications; 2)
approve a budget amendment (06BA -065) appropriating the funds as follows to the
Project: (a) $6,689,725 from Newport Coast Annexation Funds ( "Newport Coast
Community Center" - 7251- C5100569); and (b) $2,761,995 from General Fund Operating
Reserves; 3) award a contract (C -3577) to Bernards Bros., Inc. for the total bid price of
$8,159,000, and authorize the Mayor and the City Clerk to execute the contract; 4) provide
that $800,000 of the budgeted amount in Item C -2 may be used to cover the costs of
testing, unforeseen work and permits and up to $400,000 may be used for construction
management; 5) approve Amendment No. 1 to the Professional Services Agreement with
Dougherty & Dougherty Architects LLP; and continue the other items for further study.
The amended substitute 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
Abstain: Council Member Nichols
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April 25, 2006
23. INDEMNIFICATION AGREEMENT BETWEEN THE COUNTY OF ORANGE AND
THE CITY OF NEWPORT BEACH FOR ELECTION SERVICES PROVIDED TO
THE CITY FOR THE PETITION SUBMITTED TO THE CITY ON APRIL 3, 2006 AS
IT RELATES TO THE MINORITY LANGUAGE PROVISIONS OF THE VOTING
RIGHTS ACT OF 1965. 1100 -20061
City Clerk Harkless reported that the 9th Circuit Court of Appeals ordered that the
Padilla v. Lever case be reheard. She indicated that, since the Padilla opinion cannot be
cited as precedence, the indemnity agreement is no longer required by the County. She
recommended that Council take no action on this item tonight. She confirmed that the
County will continue to do the count on the initiative whether there is an indemnification
agreement or not.
John Buttolph thanked the City Attorney and City Clerk for their efforts and
recommendation.
Q. MOTION FOR RECONSIDERATION - None
R. ADJOURNMENT - at 12:55 a.m: on Wednesday, April 26, 2006, in memory of Pat Smith
The agenda for the Regular Meeting was posted on April 19, 2006, at 3:1 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration
Building. The supplemental agenda for the Regular Meeting was posted on April 21,
2006, at 11:30 a.m on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
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