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HomeMy WebLinkAbout05 - Minutes - 11-22-2005 & 11-29-2005City Council Meeting December 13, 2005 Agenda Item No. 5 CITY OF NEWPORT BEACH City Council Minutes Study Session November 22, 2005 — 3:00 p.rn. ROLL CALL DRAFT Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Excused: Council Member Ridgeway CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Nichols received clarification from Administrative Services Director Danner on the City's use of recycled materials, as discussed in Item No. 12, Proposed Update of City Council Policy F -5. Additionally, Council Member Nichols stated that he would be pulling Item No. S17, Fire Management Association MOD, from the Consent Calendar at the evening meeting. 2. GENERAL PLAN UPDATE - REVIEW OF DRAFT LAND USE ELEMENT (681100- 20051. Assistant City Manager Wood introduced the item by stating that the City Council would begin reviewing the Land Use Element of the General Plan at the current meeting, and that the Planning Commission reviewed the same material at their meeting on November 17, 2005. She explained why the Land Use Element and Circulation Element are the most important elements in the General Plan. Using the table of contents, Woodie Teacher, EIP Associates, explained how the Land Use Element document is organized. He began discussing the element itself by referring to Goal 1 regarding the role and character of Newport Beach. He outlined the principle changes made by the General Plan Advisory Committee (GPAC), and reported that the Planning Commission concurred with the changes. Goal 2 addresses the land uses to be accommodated in the community. The changes made by GPAC were minor and were also agreed to by the Planning Commission. Mr. Teacher stated that Goal 3, and the accompanying policies, address how the land uses will be organized. He highlighted the changes made by GPAC and the Planning Commission. Mr. Teacher discussed Goal 4, the land use diagram, and the table that lists the primary land use categories, types of uses and permitted densities /intensities. He noted that the land use diagram section is still being worked on and that the details included in the table would also be addressed in other sections of the Land Use Element. Mr. Teacher referred to the fifth section, which covers the community design Volume 57 — Page 467 City of Newport Beach Study Session Minutes November 22, 2005 character of the various districts in the community. He noted that Goal 5.1 addresses residential neighborhoods, including single family and multi -family neighborhoods. He highlighted the changes recommended by GPAC and the Planning Commission. Nancy Gardner, GPAC Co- Chair, provided information on the changes recommended by GPAC and her response to the changes made by the Planning Commission. The Council Members discussed the inclusion of design guidelines in the General Plan, in general, as well as the policies contained in the single family neighborhood section. It was the general consensus of the Council Members to support the recommendations of GPAC, with the exception of deleting the wording, 'orientation to desirable sunlight and views ", for the fifth design consideration in Policy 5.1.5 and deleting Policy 5.1.7. Mr. Tescher referred to the section on multi- family neighborhoods, and the changes recommended by GPAC and the Planning Commission. It was the general consensus by the Council Members to support the original language in the building elevations section and to support the Planning Commission recommendation for the ground floor treatment section. Mr. Tescher referred to Goal 5.2 and the policies for commercial districts. He highlighted the recommended changes. It was the general consensus of the Council Members to support the recommendation to delete the language regarding LEED certification. Mr. Tescher referred to Goal 5.3, which addresses mixed -use districts and neighborhoods. He highlighted the recommended changes and responded to questions. He noted that Policies 5.3.5 and 5.3.6 apply to both commercial and mixed -use districts. It was the general consensus of the Council Members to support the recommendations of the Planning Commission on both policies. Mr. Tescher referred to Goal 5.4 and the design of office and business parks. Support for the Planning Commission wording was expressed. Mr. Tescher referred to the sixth section, which addresses neighborhoods, districts and corridors, and specifically Goal 6. 1, which deals with public and institutional uses. The changes made by GPAC and the Planning Commission were minor. It was the general consensus of the Council Members to support the recommendations of the Planning Commission, and the wording change to Policy 6.1.4, as recommended by the City Attorney. Mr. Tescher highlighted the policies contained in Goal 6.2, residential neighborhoods. Ms. Gardner explained the reason why GPAC deleted Policy 6.2.18. It was the general consensus of the Council Members to support the recommendation of the Planning Commission to leave it in and add the word, "existing ", as recommended by Council Member Rosansky. Mr. Tescher stated that the only land use district reviewed by the Planning Commission at their recent meeting was the airport area, Goal 6.15. He introduced Walter Rask with ROMA Design Group, who was retained by the City to work on the policies, recommendations and guidelines in this section. Mr. Tescher provided a brief overview of the policies, and noted that they include guidelines for how residential neighborhoods could be accommodated in the airport area. He displayed a map showing the 65 Community Noise Equivalency Level (CNEL) lines, and stated that it has been airport policy not to allow residential housing within the 65 CNEL. Volume 57 - Page 468 City of Newport Beach Study Session Minutes November 22, 2005 Mr. Rask displayed the plan that was developed by the ROMA Design Group. He explained that it identifies four residential neighborhoods in the airport area, with requirements for a minimum of ten acres per neighborhood, a minimum of 50 units per acre and a minimum one -acre park per neighborhood. He provided background information on how the plan was developed, and explained that the requirements could be avoided if, as a part of the developer's application, a concept plan is submitted to show how the neighborhood fits into the overall area. Bob Burnham, former City Attorney, referred to the two 65 CNEL lines and explained how they are based on certain assumptions. The Airport Land Use Commission adopted the outer line in 1985, and he noted that it is the Airport Land Use Commission that will be required to make a determination on the consistency of the City's adopted General Plan with the Airport Environs Land Use Plan (AELUP). He further explained how the City Council can override that determination if certain findings are made. Mr. Burnham agreed with Council Member Daigle's suggestion to add language to the airport compatibility policy that would read, "unless the City Council makes findings for overriding considerations in accordance with State law ". He explained why it would be inappropriate for the City Council to adopt a 65 CNEL line in the General Plan. Referring to Policy 6.15.10, Mr. Tescher explained that the Planning Commission recommended that developers that apply for a waiver of the neighborhood requirements in the airport area have a project that is of at least five acres. Mr. Rask responded to the letter, dated November 22, 2005, from Brookfield Homes in regard to their airport area condominium project. The letter outlined four suggested modifications to the draft Land Use Element. Assistant City Manager Wood additionally noted the correspondence received from the Orange County Business Council, also dated November 22, 2005, which was written in support of residential housing in the airport area. A brief discussion followed regarding the Brookfield Home project and its noncompliance with the proposed policies. City Attorney Clauson confirmed that the City Council will not be required to apply the yet- to -be- adopted policies to the project. Dave Bartlett, Brookfield Homes, discussed the information covered in his letter, and stated that Brookfield Homes is recommending that the General Plan be general and provide guidance only. He urged the City Council to eliminate the five -acre minimum, as recommended by the Planning Commission. Council Member Daigle stated that the General Plan shouldn't be driven by the Brookfield project, and expressed support for the Planning Commission's recommendations for the five -acre minimum and for no further reduction to the 3,300 housing unit figure listed in the land use diagram. It was the general consensus of the Council Members to support these recommendations. PUBLIC COMMENTS - None ADJOURNMENT - at 6:05 p.m Volume 57 - Page 469 City of Newport Beach Study Session Minutes November 22, 2005 The agenda for the Study Session was posted on November 16, 2005, 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 470 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 22, 2005 — 7:00 p.m. STUDY SESSION - 3:00 p.m DRAFT CLOSED SESSION - 6 :05 p.m A. RECESSED AND RECONVENED AT 7 :10.P.M. FOR REGULAR MEETING B. C. D. E. F. G. H. ROLL_CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols CLOSED SESSION REPORT City Attorney Clauson reported that Council agreed to an extension of the Tolling Agreement on the Newport Condominium Association vs. City of Newport Beach matter. PLEDGE OF ALLEGIANCE - Council Member Nichols INVOCATION - Reverend Thai Trinh, Our Lady Queen of Angels Church PRESENTATIONS Lung Cancer Awareness Month - Mayor Heffernan reported that November is Lung Cancer Awareness Month and announced that the proclamation will be sent to the appropriate person. Recreation and Senior Services Director Knight announced that they need volunteers to help decorate the Rose Parade float. She stated that people can sign up at www.newportbeachlOO.com. Luis Alvarado - Designer of the Centennial NB100 Logo - Mayor Heffernan presented Mr. Alvarado with a proclamation and gift. City Attorney Clauson announced that, with the assistance of Planning Commissioner Hawkins, her office has filed a copyright application for Mr. Alvarado's design. Sharon Esterley - Chair of Lets Do Launch -Mayor Heffernan read the proclamation and presented her with flowers. Ms. Esterley thanked the City and applauded the committee for their work. NOTICE TO THE PUBLIC. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE_PLACED ON A_FUTURE AGE FOR DISCUSSION, ACTION OR Volume 57 - Page 471 City of Newport Beach City Council Minutes November 22, 2005 REPORT (NON - DISCUSSION ITEM): Council Member Rosansky announced that a home in Big Canyon will be having an antique toy collection showing on December 4, from 4 p.m. to 7 p.m. to help support the arts. He stated that people can contact Lila Crespin at lilacrespin @sbcglobal.netfor more information. Mayor Pro Tern Webb announced that there are 282 days until the City's 100's Birthday and read "Centennial Moments ". Mayor Heffernan announced that the City Clerk's office is a collection site for Operation Christmas for the Troops until December 21. He stated that more information can be found on www.yellowribbonamerica.com. I. CONSENT CALENDAR_( Items 1 to 13 -& S17) — READING.OF MINUTES✓ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF NOVEMBER 8, 2005. 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. ORDINANCE EXTENDING NON- EXCLUSIVE SOLID WASTE FRANCHISES WITH FRANCHISED SOLID WASTE ENTERPRISES AND APPROVAL OF ASSIGNMENT TO USA WASTE OF CALIFORNIA. [100 -20051 Introduce Ordinance No. 2005 -20 and pass to second reading on December 13, 2005; and approve the assignment of the Waste Management of Orange County, Ines franchise to USA Waste of California. 4. MODIFICATION OF NBMC SECTION 14.24.020 - DWELLING UNIT AND BUSINESS STRUCTURE SEWER CONNECTION. [100 -20051 Introduce Ordinance No. 2005 -21 and pass to second reading on December 13, 2005. RESOLUTIONS FOR ADOPTION 5. 2006 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) RESOLUTION CERTIFYING FUNDING AND COMMITTING IMPLEMENTATION OF SUBMITTED PROJECTS IN THE PROGRAM. [100-20051 Adopt Resolution No. 2005 -54 certifying that the City of Newport Beach has the resources to fund the projects submitted in the RTIP in fiscal years (FY) 2005 -06 to 2010 -11 and affirming its commitment to implement all of the projects submitted in the program. 6. PROPOSED JOINT POWERS AUTHORITY - INTEGRATED LAW AND JUSTICE AGENCY. [100 -2005] 1) Adopt Resolution No. 2005 -55 authorizing the City of Newport Beach to participate in the Integrated Law and Justice Agency for Orange County (ILJAOC) and authorize the Mayor to Volume 57 - Page 472 City of Newport Beach City Council Minutes November 22, 2005 execute the Joint Powers Agreement (JPA) associated with the City's participation, and authorize the City Manager and/or Police Chief to execute any related documents consistent with the implementation of this Agreement; and 2) ratify the COPLINK System Use Policy specifically authorizing the Chief of Police to execute the document and any amendments on behalf of the City. RESOLUTION AUTHORIZING AND APPROVING AN APPLICATION FOR A GRANT IN THE AMOUNT OF $70,550 FROM THE WASTE MANAGEMENT BOARD FOR THE REFURBISHMENT OF THE IRVINE TERRACE PARK (PHASE II) AND MARINERS PARK PLAYGROUNDS. [100 -20051 Adopt Resolution No. 2005 -56 to apply for Tire Derived Product (TDP) Grant Funds from CIWMB authorizing the Recreation & Senior Services Director to execute all contracts. 8. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2005, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR THE SHORTENED FISCAL YEAR 2006. [100 -20051 1) Approve Marine Avenue Business Improvement District 2005 Annual Report; and 2) adopt Resolution of Intention No. 2005 -57 and set the public hearing for December 13, 2005. 9. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2005 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR THE SHORTENED FISCAL YEAR OF JANUARY 1, 2006 TO JUNE 30, 2006. [100 -20051 1) Approve Restaurant Association Business Improvement District 2005 Annual Report; and 2) adopt Resolution of Intention No. 2005 -58 and set the public hearing for December 13, 2005. CONTItiACT�D AGREEMENTS 10. PACIFIC COAST HIGHWAY IMPROVEMENTS FROM MORNING CANYON ROAD TO CAMEO SHORES ROAD (C3435). [381100 -20051 1) Approve the plans and specifications; 2) approve a budget amendment (06BA -028) appropriating an additional $101,862.50 from the Unappropriated Circulation & Transportation Fund Balance to Account No. 7261- C5100650; 3) award the contract to Elite Bobcat Service, Inc. for the total bid price of $249,452.50 and authorize the Mayor and the City Clerk to execute the contract; and 4) provide a contingency of $20,000 to cover the cost of testing and unforeseen work. MNSCELLANEOUS ACTIONS 11. ACCEPT EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) [100 - 20051. 1) Accept the 2004 Emergency Management Performance reimbursement grant for $7,188 in funding for maintaining the city's emergency management program; and 2) approve a budget amendment (06BA -027) increasing revenue estimates by $7,188 in 2355- 4896, and appropriating those funds into Fire Department account 2355- 8105. Volume 57 - Page 473 City of Newport Beach City Council Minutes November 22, 2005 12. PROPOSED UPDATE OF CITY COUNCIL POLICY F -5, UPDATE TO PURCHASING PROCEDURES (ADOPTION OF A RECYCLING CONTENT PURCHASING POLICY). [100 -20051 Approve the proposed addition to Purchasing Procedures as referenced in Council Policy F -5. S17. MEMORANDUM OF UNDERSTANDING WITH FIRE MANAGEMENT ASSOCIATION (C- 2946). [381100 -20051 Approve the Memorandum of Understanding (MOU) with the Fire Management Association for the three -year period of January 2005 through December 2007. Motion b_yayor Pro Tem Webb to approve the Consent Calendar, and noting the No vote by Council Member Nichols on Item S17. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols J. PUBLIC HEARING 13. SANTA BARBARA CONDOMINIUMS - 900 NEWPORT CENTER DRIVE (PA2004 -169) (LENNAR HOMES). [100 -20051 Coralee Newman, Government Solutions, stated that they represent Lennar Homes. She presented a letter and requested a continuance due to a request they received from the Newport Beach Country Club. Motion by Q uncil Member Ridgeway to continue the item to the December 13, 2005 Council meeting. Mayor Heffernan opened the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols K. PUBLIC COMMENTS Detective Glenn Garrity reported that the Irvine Police Department caught someone who has been responsible for 20 years of burglaries in their city and possibly also in Newport Beach. He announced that, on December 1, the Irvine Police Department will be showing stolen property by reservation only. He invited anyone who believes they might have been a victim to get their police report and contact Sgt. Hartford at the Newport Beach Police Department at 949 - 644 -3662. Wayne Zippi requested that Council look into placing lights again on the trees at the end of the Peninsula for the holidays. Council Member Ridgeway noted that the Balboa Merchants Association, with the assistance of the Fire Department, used to put the lights up but they will need to be contacted. Volume 57 - Page 474 City of Newport Beach City Council Minutes November 22, 2005 Frank Sisneroz and Tim Martin explained the purpose of the Bob Koll Sailing Foundation and reported that they need more volunteers and supporters. He stated that people can contact Jane Hartley at 949 - 636 -7600 or go to bksf.org for more information. BJ Johnson, Corona del Mar Resident Association, stated that their website and email address receives a lot of feedback about community concerns and hoped that it could also assist the City in getting out information. Dolores Otting took issue that the Mariners Mile Gateway Project will not be coming before Council and discussed her confusion about the timeline for this project. She believed that the Traffic Signal Warrant Analysis and the Queuing reports should be recirculated with the other documentation. Tom Billings believed that the Mariners Mile Gateway Project will create environmental impacts to the community and discussed the project. At Mayor Heffernan's request, Assistant City Manager Wood described the Mariners Mile Gateway Project, and indicated that it goes before the Planning Commission on December 8, doesn't automatically come before Council since it's consistent with the General Plan and Zoning Code, and is subject to appeal by Council. Public Works Director Badum added that the traffic signal and street improvements are under Caltrans' purview, but they may take the City's concerns under consideration. Paul Glowienke announced that the Corona del Mar Christmas Walk will be on December 4 and they've scheduled December 11 as the rain date, if necessary. L. ORAL RE-PQ.U3 FROM CITY COUNCIL ON COMMITTEE. ACTIVITIES Ad Hoc General Plan Update Committee (GPUC) - No report Local Coastal Program Certification Committee - Council Member Ridgeway reported that they discussed the contents of the Coastal Commission approval and that it will come before Council on December 13. He discussed the Implementation Plan process and their intent to forward it to the Coastal Commission for final approval after Council approves it. Newport Coast Advisory Committee -No report Mariners Joint Use Library Ad Hoc Steering Committee - Mayor Pro Tern Webb announced that the library is closer to occupancy. City Centennial 2006 Committee - Mayor Pro Tem Webb reported that they need volunteers to help with the Rose Parade float between December 26 and January 1. He stated that people can find out more information and sign up by going to www.newportbeachloo.com. City Council/Citizens Ad Hoc Committee for Marina Park Planning - No report City Council Ad Hoc Marina Park Advisory Committee - No report Southern California Association of Governments (SCAG) - Council Member Daigle discussed riding on a Magnetic Levitation ( Maglev) train system in Shanghai. Council Member Ridgeway highlighted the purpose of SCAG and their desire to have a Maglev from LAX to the Ontario Airport, and then from the Ontario Airport to the Santa Ana Canyon. Volume 57 - Page 475 City of Newport Beach City Council Minutes November 22, 2005 Environmental Quality Affairs Citizens Advisory Committee (EQAC) - Council Member Nichols announced that their next meeting will be on December 19. Santa Ana River Flood Protection Agency - Council Member Nichols noted that this is a $1.3 billion project to protect the basin and discussed what could happen as a result of a 100 year flood if the project isn't completed. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR NOVEMBER 17, 2005. [100 -20051 Planning Director Temple reviewed the following Planning Commission items: Corporate Plaza West Phase II (PA2005 -042) - 1200 -1400 Newport Center Drive and 101 -1199 Newport Center Road; and General Plan Update Draft Land Use Element. N. CONTINUED BUSINESS 15. BUILDING COMMITTEE'S RECOMMENDATIONS TO CITY COUNCIL AS TO WHAT ACTIONS TO TAKE REGARDING THE CIVIC CENTER PROJECT. [351100 -20051 City Manager Bludau summarized the Building Committee report. He highlighted page 5 of his staff report which indicates that, in order to get a $48 million loan, the finance advisor requires the City to borrow $52.5 million which is based on selling Certificates of Participations (COPs) in the current market with an interest rate of about 4.94 %. Rick D'Amato, LPA Associates, utilized a PowerPoint presentation and reviewed the site design, floor plan, aesthetics of the building, and environmental design. Roger Torriero, Griffin Structures, noted that 40% of the five acres is open space. He reported on the budget estimate of $47,980,286 which represents $20 /sq. ft. for onsite improvements, $395 /sq. ft. for the fire station with $10 /sq. ft. for Furniture, Fixtures, and Equipment (FF &E), $16,900 /stall for the parking structure, $325/sq. ft. for the City Hall, Council Chambers, and Community Room with $221sq. ft. for FF &E, and 21% for indirect costs. He reported that the presentations from the Town Hall meetings and City Council meetings, and documentation are available on the City's website. He clarified that the design is in great detail but is not biddable since they were directed to only complete the drawings to 20%. City Manager Bludau noted that, if construction took place on the current site, relocation costs and the financing package and costs have not been included in the estimate since it was not Mr. Torriero's responsibility. Mr. Torriero displayed a spreadsheet of potential City- incurred costs that totaled $2,250,000. He confirmed that his price includes the cost of completing the drawings to occupancy. Council Member Ridgeway, Building Committee member, noted that he did not agree with the Building Committee's conclusion, and believed that, in the end, the current site will be chosen again since it is a historical site. He noted that rezoning the current site and using any site in the Fashion Island area will require a Greenlight vote. He expressed the opinion that a new City Hall, fire station, and parking structure are needed, the City can afford it without impairing other capital improvement projects, the employees deserve a safer workplace, and the citizens deserve the building that was designed. Volume 57 - Page 476 City of Newport Beach City Council Minutes November 22, 2005 Motion _Council Member Ridgeway to move forward with full working drawings, locate the property for relocation, and go out to the market for a Certificate of Participation (COP). Mayor Pro Tem Webb, Building Committee member, stated that questions relative to the location of City Hall keep arising and that the City needs to document alternative locations with the assistance of people in that field for possible ownership and to possibly move it to be more geographically central. He agreed that there is a need for a new City Hall and the City has substantial reserves, but believed that a better list needs to be generated of the major infrastructure needs to make sure that the City can afford improvements in the future. He added that, if the City moves forward, it should bid the project in the normal manner. Substitute motion by Mayor Pro Tern Webb to 1) accept the Griffin Structures design development contract as fulfilled; 2) form a City Hall Site Review Committee composed of from 7 -10 residents and two City Council ad hoc members to identify and assess potential sites within the community for a city hall, and submit a written report to the City Council with recommendations as to the best site or sites for a City Hall. The committee should be open to anyone willing to serve, but it should be desirable that the committee's makeup include residents who are knowledgeable about real estate and real estate conditions in Newport Beach; 3) form a Facilities Finance Review Committee composed of from 7 -10 residents and two City Council ad hoc members to review the 15 future facility needs of the City and assess the City's ability to best pay for those facilities. The committee should make recommendations to the City Council as to how best to plan to finance these needs. The committee should be open to anyone willing to serve, but it would be desirable that the committee contain some residents who are knowledgeable regarding the financing of major improvements or projects; 4) the Building Committee recommends these committee be advertised and appointments be made at the January 10, 2006 meeting, with the intent the committees report back their findings no later than June 15, 2006. The Committee recognizes these two committees would require substantial staff support; however, it thinks this work is of a priority that staff needs to be made available so the deadlines for the committees can be met. Council Member Nichols agreed that there are problems with the location, particularly with traffic and potential natural disasters, and suggested looking at the property above the Central Library and not use it as a park. He stated that he is not against having a new City Hall, but believed that another location would save relocation costs. In response to Mayor Heffernan's questions, Mr. Torriero indicated that, in the last three years, construction costs have gone up 15% to 20% each year. However, he stated that he can guarantee his estimate if the project starts in June. Edward Lyon offered his services in this process. He expressed support for creating the committees using qualified residents, expressed concern with having debt when the money can be used for other projects, and expressed support for the substitute motion. James Turner expressed support for moving forward because it's a good time to finance the project; however, he took issue with the location since it's vulnerable to natural disasters. Volume 57 - Page 477 City of Newport Beach City Council Minutes November 22, 2005 Beverly Johnson, Corona del Mar Residents Association, reported that the board unanimously agreed that the City needs a new City Hall. Craig Roger believed that the City can't proceed or get a true cost estimate without a full set of plans. He expressed concern that change orders could occur. Doug Dreyer stated that he is in favor of a new City Hall, but noted that the citizens are not allowed to vote on this project. He requested that COPS, bonds, and other forms of financing be explained to the citizenry. Paul Glowienke believed that the City desperately needs a new City Hall and emphasized that the cost estimate is a good number if the project starts in June. He suggested that the City move forward because interest rates are rising and expressed support for Council Member Ridgeway's motion. Dolores Otting asked if the committee meetings will be open to the public and suggested having architects from the community on the committee. She also asked what the City's good faith effort was to get word out to the public. She noted that the property tax revenue doesn't cover the City's budget. She discussed her attempts to get documents from the Public Works Department relative to this project and the Town Hall meeting relative to possible disasters in this area. City Manager Bludau discussed the Saturday Town Hall meeting, Mr. Torriero's contract, and the cost of the project. City Attorney Clausen responded to Ms. Otting's concerns relative to documents from the Public Works Department. Garrett Smith, architect, disagreed with using the current location for the new City Hall and noted that the City can have any property through eminent domain. He noted that this property is worth a lot of money and expressed his support for a new City Hall and Mayor Pro Tem Webb's substitute motion. James Warren expressed support for the revised rendering. He believed that the citizens are willing to approve a bond issue since they approved the school's bond issue. He stated that he has never had a problem getting to City Hall but moving it will increase traffic in that area. He expressed support for a new City Hall and Council Member Ridgeway's motion. Mayor Heffernan recessed the meeting at 10:02 p.m. and reconvened the meeting at 10:15 p.rrL with all members of Council present. Kevin Weeda believed that it is less likely that there is an alternative site, except for Irvine Company land. Further, the City Hall should remain on the Peninsula in order for the Peninsula to prosper. He stated that the new City Hall will greatly increase efficiencies, especially with the One Stop Shop, and having a green building is an added bonus. He expressed his support for the project and urged Council to also support it. He volunteered his services on the committees. Tom Billings expressed support for the substitute motion and suggested starting from square -one. He believed that the attendance decline at the Town Hall meetings was due to some of the questions that Council is now asking. He suggested that the committees have a balance of architects, historians, and citizens. Val Skoro stated that he is in favor of updating City Hall, but to take our time and do it right. He expressed support for the substitute motion. He suggested having Volume 57 - Page 478 City of Newport Beach City Council Minutes November 22, 2005 architects compete for the design of the building as part of the City's Centennial Barbara Rawlings stated that public outreach is frustrating because people feel they are not heard. She expressed support for the substitute motion. Joe O'Hora indicated that he disagrees with the process, not the product, and took issue with using COPs and how Council vacancies were filled. He agreed with forming the committees. Wallace Olson suggested not building on the current site due to construction and insurance costs and the cost for two moves. He noted that City Hall should be readily accessible to all residents and a classic structure. He expressed support for the substitute motion and to set goals that, if not achieved, the City should extend the deadline. He read Council Member Daigle's quote from the Daily Blot. Gary Eschmeroder recommended bidding the project out and not doing a design - build. He questioned using COPS and agreed with exploring other location alternatives. He agreed with the Building Committee's recommendations and discussed the initiative effort. Ray Price expressed his support for the substitute motion and the need for a new City Hall. However, he believed that the City Hall should be in the center of the community at Newport Center and that the current site should be planned out. He expressed concern that the structure doesn't have a sense of community and might not pass the test of time. Further, he has concerns with the design -build process. John Buttolph, Newporters for Responsible Government, expressed support for the Building Committee's recommendations. He suggested considering other sites and designs, and to look at how the cost of this project could affect future facility needs. He believed that Greenlight supporters will support a well planned redevelopment of this property if it fits in with the neighborhood's character. Jan Vandersloot expressed his support of the substitute motion, but emphasized that the new City Hall cannot be considered above the Central Library because it is dedicated open space land. He agreed that this site is a good location for City Hall and believed that it should be on the National Registry of Historical Places. He suggested keeping the green open space, the rose garden, and the remaining trees, but consider a building envelope similar to today's footprint. He suggested letting the people vote on this project. W.R. Dildine questioned the legality of the design -build process. Steve Gaffney agreed with Council Member Ridgeway that waiting would cost more money. He agreed that a new facility is needed and noted that Griffin Structures will guarantee the price so there will be no change orders. John Nelson noted that alternative locations have already been explored. He believed that Greenlight supporters will not vote to rezone this location and that the COP initiative is an attack on representative government. He noted that the current City Hall is undersized and expressed support for Council Member Ridgeway's motion. Council Member Ridgeway reported that studies have been conducted and there is no liquefaction at this site. Further, a majority of the 3,000 visitors a day to City Volume 57 - Page 479 City of Newport Beach City Council Minutes November 22, 2005 Hall are residents who will not create traffic on Newport Boulevard. He expressed the opinion that this is about good fiscal judgment and public safety. He pointed out that the current building is inefficient. He supported moving quickly if this was going to committees. Council Member Selich stated that the things they're asking the two committees to do, are questions he has. Further, he would feel more comfortable making a decision if there was documentation about the conclusion, noting that it will add credibility to what Council decides. He stated that it is unusual not to have professional members of the community on the Building Committee. Council Member Rosansky emphasized that everyone agrees we need this and noted that the location was discussed at several meetings and decided two years ago. He noted that buying another property will take more money. He agreed that the design may be the weakest point and reminded everyone that, by using COPS, the bond issue will not go on the residents' tax bill. He reported that the City is fiscally conservative. He believed that the committees will ultimately go back to the same decision in six months. He added that the City has addressed its obligation to inform the community and recommended that Council make a decision. Council Member Nichols noted that a lot of people work outside City Hall and believed that the City can do a better job of where it staffs personnel. He expressed the opinion that Greenlight won't stop the rezoning of this site and that the design needs to be looked at more. He stated that he supports the substitute motion. Council Member Daigle believed that the City needs to invest more people in this project. She stated that she supports Mayor Pro Tem Webb's substitute motion. She noted that the General Plan process conducted an attitude survey and suggested the City do some type of polling on this issue. She reported that the City does need a new City Hall that functions like a public building. Amended motion by Council Member Dade to include conducting an attitude survey on this issue. The motion died for lack of a second. Mayor Heffernan predicted that, if this goes to a committee, the City Hall will never get built. Further, the City Hall will probably never be built someplace else due to the cost. He recommended generating a 15 year capital improvement report and suggested giving the committees a three month time limit and not start from square - one. City Manager Bludau suggested that the Building Committee meet and then make a recommendation to Council at its next meeting relative to the duties of the committees so it can be advertised. Amended motion b ?Mayor Pro Tern Webb to have the committees report back with their findings no later than May 1, 2006, instead of June 15, 2006. The amended motion carried by the following roll call vote Volume 57 - Page 480 City of Newport Beach City Council Minutes November 22, 2005 Ayes: Council Member Selich, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Noes: Council Member Rosansky, Council Member Ridgeway O. CURRENT BUSINESS 16. NAMING OF PARK LOCATED AT MESA DRIVE AND BIRCH STREET. (700 -20051 Council Member Ridgeway left the Council Chambers. Motion by_ Council Member Rosansky to continue the item to the December 13, 2005 Council meeting. Jan Vandersloot agreed with the Santa Ana Heights community that the name of the park should be Bay View Heights Park. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Webb, Mayor Heffernan, Council Member Daigle, Council Member Nichols Absent: Council Member Ridgeway P. ITEMS_ REMOVED FROM THE CONSENT CALENDAR - None Q. MOTION FOR RECONSIDERATION - None R. ADJOURNMENT - Adjourned at 11:46 p.nL to 7:00 p.nL, Tuesday, November 29, 2005 The agenda for the Regular Meeting was posted on November 16, 2005 at 2:15 p.nL 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 November 18, 2005, at 2:15 p.xn, on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 57 - Page 481 CITY OF NEWPORT BEACH City Council Minutes DRAFT Regular Meeting November 29, 2005 — 7:00 p.m. A ROLL-CALL Present: Council Member Selich, Mayor Pro Tern Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Rosansky B. PLEDGE OF ALLEGIANCE - Council Member Selich C. to L INVOCATION - City Manager Bludau Council Member Rosansky joined the meeting at 7:04 p.m PRESENTATIONS - Official Welcome for Antibes, France Delegation. Mayor Heffernan welcomed the delegates. Everyone rose as a recording of the National Anthem of France was played. Mayor Heffernan read a proclamation commemorating the 15 years of friendship between the City of Newport Beach and the City of Antibes, France. Marie Atkins, Co -Chair of the Antibes Committee for the Newport Beach Sister City Association, read the same proclamation, in French, and introduced the delegates present. Mayor Heffernan and Mayor Pro Tern Webb presented gifts to each of the delegates. In exchange, gifts were presented to Mayor Heffernan. Monsieur Audouin Rambaud, Deputy Mayor and Delegate to Tourism in Antibes, expressed the appreciation of the delegates. CONTINUED BUSINESS 1. GENERAL PLAN UPDATE - REVIEW OF DRAFT LAND USE ELEMENT (contd. from 11/22/05) [681100- 2005]. Assistant City Manager Wood stated that the Planning Commission discussed the changes made to the Land Use Element by the City Council at their November 22, 2005, meeting and is recommending that "surrounding" be changed to "neighborhood" in Policy 5.1.5. Additionally, the Planning Commission is recommending that a policy be added to Goal 5.1 to require adequate parking and provision for services, such as trash enclosures, commensurate with the size of new houses. It was the consensus of the Council to support both recommendations. Continuing with the discussion of the districts listed in the Land Use Element, Woodie Tescher, EIP Associates, stated that the first district discussed by the Planning Commission at their meeting earlier in the day was Banning Ranch. He discussed the changes recommended by the General Plan Advisory Committee (GPAC) and the Planning Commission for Banning Ranch. Regarding Policy 6.4.1 and acquisition of the Banning Ranch property for open space, Council Member Ridgeway expressed concern for the recommendation by the Volume 57 - Page 482 City of Newport Beach City Council Minutes November 29, 2005 Planning Commission to include an acquisition date. George Basye, representing the Banning Ranch property owners, stated that he is skeptical that funding will be found to acquire the property, but that the property owners are willing to remain cooperative. There was a general consensus by the Council to support the recommendation of the Planning Commission to include a spaceholder for an acquisition date, which would then be determined later. Mr. Basye agreed and stated that the property owners share the same concerns as those expressed by the City Council. Mayor Pro Tem Webb referred to the map showing development constraints in the Banning Ranch area, and stated that it needs to be consistent with the chart showing the habitat value rankings for the area. Additionally, he requested that the dialog supporting Policies 6.4.1 and 6.5.2, and other related policies, include the verbiage, "active community parks" and mention the deficiency of such parks in the area. Referring to Policy 6.3.17, Council Member Ridgeway expressed his opposition to using state bonds to acquire Banning Ranch. Council Member Rosansky suggested that language be added to Policy 6.5.4 to preserve public views of the bluffs themselves, from below. Assistant City Manager Wood suggested that a new policy be added to address this concern that would state, "site and design development to prevent houses from dominating the public views from the ocean, wetlands and surrounding open spaces". It was the general consensus of the Council to support this recommendation. Mr. Tescher displayed a map of the West Newport Mesa district. He briefly discussed the changes made to the policies by GPAC and the Planning Commission. Mayor Heffernan noted that he owns property abutting the district and confirmed with the City Attorney that this did not preclude him from participating in the discussion. A general discussion followed regarding Policy 6.6.3, and it was the general consensus of the Council to delete the policy. It was also agreed that Policy 6.2.8 should be deleted for consistency reasons, since both address mobile home parks. After a brief discussion of the five -story height limit required for buildings in Policy 6.6.4, Assistant City Manager Wood suggested that the language be changed to read, "consider increasing the height limit ". It was the general consensus of the Council to support the recommendation. Mr. Tescher stated that the Balboa Peninsula district includes several subareas, with policies for each, as well as policies for the entire district. He displayed a map of the Lido Village, Cannery Village and McFadden Square subareas, and discussed the changes recommended by GPAC and the Planning Commission. A general discussion followed. Council Member Rosansky recommended that the area designated as "D" be changed to "C. It was the general consensus of the Council Members to support the recommendation. Mr. Tescher displayed a map of the Balboa Village subarea and discussed the changes made by GPAC and the Planning Commission. Council Member Ridgeway disagreed with the GPAC and Planning Commission recommendation to disallow mixed use on all bayfront property in the area. He recommended that mixed use be allowed in the area west of Palm Street. It was the general consensus of the Council Volume 57 - Page 483 City of Newport Beach City Council Minutes November 29, 2005 to support this recommendation Mr. Tescher displayed a map of the Newport Center/Fashion Island district, and highlighted the policy recommendations of GPAC and the Planning Commission. It was the general consensus of the Council to support the recommendations of the Planning Commission. Dan Miller, The Irvine Company, expressed agreement with the City Council's support of the Planning Commission recommendations, and explained that encouraging certain types of design and development would be more appropriate that requiring it. Laura Curran suggested that a greater variety of landscaping be provided in the Newport Center/Fashion Island area to make walking in the area more inviting. Mr. Tescher began the discussion of the corridors in the City by stating that there are policies that apply to all of the corridors in the City. The first corridor presented in the Land Use Element is the West Newport corridor. He briefly discussed the policies, and general discussion and clarification followed. It was the consensus of the Council to support the recommendations of GPAC and the Planning Commission. Mr. Tescher displayed a map of the Old Newport Boulevard corridor and discussed the recommendations of GPAC and the Planning Commission. General discussion and clarification followed and, specifically, Mayor Pro Tem Webb suggested that "32 feet" be used for building heights in Policy 6.18.3 instead of "three- story". Planning Director Temple explained that the current height limit on Old Newport Boulevard is 32 feet and with certain criteria, 50 feet, which can result in two or three -story designs. There was a general consensus of the Council to support the recommendations of the Planning Commission, which included use of the wording "three-story". Mr. Tescher displayed a map of the Mariners' Mile corridor and explained the differences in the recommendations made by GPAC and the Planning Commission. A general discussion followed, with several opinions raised regarding residential housing and mixed use on the bay front. Dan Daniels, Ardell Investment Company, stated that Ardell owns 700 feet of property on the bayfront. He expressed support for the revitalization of Mariners' Mile and mixed use in the area. Darlene Lascher, property owner of 100 feet on the bayfront, expressed support for the Planning Commission decision to not delete Policy 6.19.2, as was recommended by GPAC, and leave open the possibility of allowing housing on the bayfront. Coralee Newman, Government Solutions, expressed support for housing in Mariners' Mile. It was the majority consensus of the Council to support the GPAC recommendations, but to have GPAC reconsider their recommendation to not allow housing on the bayfront. Mr. Tescher displayed a map of the Corona del Mar corridor. No changes were made Volume 57 - Page 484 City of Newport Beach City Council Minutes November 29, 2005 to the draft by GPAC or the Planning Commission, and the Council concurred. F. PUBLIC COMMENTS - None G. MOTION FOR CO RENSIDERATION -None H. ADJOURNMENT - at 10:55 p.rrL in the memory of Ruth Feuerstein. The agenda for the Adjourned Regular Meeting was posted on November 23, 2005, at 2:45 p.rrL on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 57 - Page 485