HomeMy WebLinkAbout02/27/2007 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
February 27, 2007 — 7:00 p.m.
STUDY SESSION - 4:00 p.m.
_CLOSED SESSION - 5:10 p.m
A. RECESSED-AND RECONVENED AT 7_00_P.M. FOR REGULAR. MEETING
B. ROLL CALL
Present: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky,
Council Member Webb, Council Member Daigle, Council Member Gardner
C., CLOSED SES_.SION REPORT - None
D. PLEDGE_ OF ALLEGIANCE - Council Member Curry
E. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society
F. PRESENTATIONS
French Exchange Students Introduction - Marie Atkins, Sister City organization, introduced
the students from Antibes and their sponsor. The local students introduced their French student
counterparts.
Presentation to Council Member Henn by Jeffrey Cole - Jeff Cole, Chairman of the Planning
Commission, recognized Michael Henn for his service on the Planning Commission.
Presentation from the Chamber and the Conference and Visitors Bureau on the
Christmas Boat Parade - Richard Luehrs, Chamber of Commerce, gave a presentation on the
Newport Beach Boat Parade, hosted with the Conference and Visitors Bureau. Gary Sherwin,
President, Conference and Visitors Bureau, spoke about partnerships with the Chamber of
Commerce and recognized Jessica Roswell, PR and Marketing Manager, for getting news releases
and video clips out to the public. He announced that Newport Beach would be the official home of
the.Centennial of the birth of John Wayne.
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
REPORT_ (NON - DISCUSSION ITEM):
Council Member Gardner asked staff to come back with a cost analysis of preparing an energy audit
on city facilities using staff or outside consultants.
Council Member Daigle announced opening day for Little League on Saturday, March 3rd at the
Bonita Canyon Sports Park for over 1200 youth. The Corona del Mar Community Aquatics Facility
Foundation will host a fundraiser for the pool on May 12th at the Pacific Club.
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Council Member Curry asked staff to come back with reports on financing and options for the OCTA
site and the police station site for a potential City Hall location; a report on the landscaping history
and options that relate to the Back Bay View park; and, a report on the status of the stolen
bleachers at the Bonita Canyon Sports Park.
Mayor Rosansky thanked Speak Up Newport for hosting the Mayors Dinner. On March 24th the
Council will hold a retreat in the Friends Room at the Main Library, which will be open to the
public. The forum will provide an opportunity for the Council to discuss its priorities for the
upcoming year. He reported on the Town Hall meeting hosted by Senator Harman on
Thursday, February 22nd at the Central Library to discuss Sober Living and Group Residential
Treatment Facility homes. He reported that on Friday, March 2nd the City will host a "Sober Living
Conference."
I. CONSENT CALENDAR
READING. OF MIN. UTES/ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING
OF FEBRUARY 13, 2007. 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.
ORDINANCE FOR INTRODUCTION
3. AMENDMENT TO CHAPTER 1.01 OF THE NBMC TO ADD SECTION 1.01.090
PROHIBITING THE ISSUANCE OF BUSINESS LICENSES, PERMITS AND THE
GRANTING OF DISCRETIONARY APPROVALS FOR UNLAWFUL USES [100-
2007]. Introduce Ordinance No. 2007 -4 and pass to second reading on March 13, 2007.
ORDINANCEFOR ADOPTION
4. ORDINANCE ESTABLISHING DESIGN CRITERIA FOR SINGLE AND TWO UNIT
DEVELOPMENT [100- 2007]. Adopt Ordinance No. 2007 -3.
7. IN- PAVEMENT LIGHTED CROSSWALK AT PACIFIC COAST HIGHWAY AND
ORCHID - COMPLETION AND ACCEPTANCE OF CONTRACT C- 3831)[38/100-
2007]. 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.
CONTRACTSAND_AGREEMENTS
8. CONTRACT WITH LINNERT BUILDERS TO COMPLETE THE MARINERS PARK
PLAYGROUND AND SURFACING PROJECT (C -3916) [381100 - 2007]. Approve
contract with Linnert Builders.
9. ACCEPTANCE OF URBAN AREAS SECURITY INITIATIVE (UASI) GRANT
TRANSFER AGREEMENT [100 - 2007]. 1) Accept UASI Grant transfer agreement
training funds in the amount of $48,666 and a supplement approval of $5,335 for a total of
$54,001 to be utilized for reimbursement training costs associated with approved
Department of Homeland Security (DHS) courses for emergency personnel; 2) authorize the
Fire Chief as the designee to sign the FY06 Transfer Agreement contract; and 3) approve a
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budget amendment (07BA -049) increasing revenue estimates by $54,001 in 1820- 48661,
UASI Grant, and increasing expenditure appropriations by $54,001 in 7014- C1820973.
10. LITTLE CORONA OFFSHORE STUDY - AMENDMENT NO. 2 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS (C -3870)
1381100- 20071. 1) Approve Amendment No. 2 to the Professional Services Agreement with
Weston Solutions of Carlsbad to install current velocity detectors and collect sediment
samples to support verification of computer modeling of contaminant loads from Newport
Harbor to the Areas of Special Biological Significances along Newport Coast at a not to
exceed price of $39,942 and authorize the Mayor and City Clerk to execute the agreement;
and 2) approve a budget amendment (07BA -048) transferring $30,000 from Account 7231 -
C2370902 Tide and Submerged Lands (originally appropriated for an eelgrass study) to
Account 7231- C5100889 Tide and Submerged Lands.
11.. CORONA DEL MAR STATE BEACH IMPROVEMENTS - COMPLETION AND
ACCEPTANCE OF CONTRACT (C -3461) [381100- 20071. 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 (1) year after Council acceptance.
12. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ROMA,
DESIGN GROUP (C -3770) 1381100- 20071. Approve and authorize the Mayor and City
Clerk to execute the amendment to the agreement.
13. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RICHARD
EDMONSTON FOR PROJECT MANAGEMENT SERVICES (C -3918) 1381100- 20071.
1) Approve a Professional Services Agreement with Richard Edmonston for project
management at a not to exceed price of $32,000 and authorize the Mayor and the City Clerk
to execute the Agreement; and 2) approve a budget amendment (07BA -051) transferring
$20,000 from salary savings in the Transportation and Development Services Division
(5200 -7000) and transfer the funds to Transportation and Development Services Division
Services Professional and Technical Account 5200 -8080.
MISCELLANEOUS .
14. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE
LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES [100 - 20071.
Approve a budget amendment (07BA -047) to increase expenditure appropriations by
$12,273 in Division 4060, Literacy, and to increase revenue estimates for the same amount
in Account No. 4010 -4832, California Library Literacy Services.
15. ACCEPT EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) [100-
20071. 1) Accept the 2005 EMPG reimbursement grant for $5,985 in funding for
maintaining the City's emergency management program; and 2) approve a budget
amendment (07BA -050) increasing revenue estimates by $5,985 in 2355 -4894 and
appropriating those funds into Fire Department account 2355 -8105.
16. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE TO FILL
VACANCY [100 - 20071. Confirm the appointment of John Hyatt as the representative from
the Newport Beach Association of Realtors.
17. EXCESS WORKERS COMPENSATION (WC) INSURANCE RENEWAL 1100- 20071.
Approve the renewal of the excess workers compensation coverage for a twelve month policy
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with a self - insured retention (SIR) of $1 million with statutory coverage limits and the .
premium reported in the staff report adjusted from $413,210 to $377,730.
18. PROPERTY INSURANCE PROGRAM RENEWAL [100 - 2007]. Approve the renewal of
the property insurance program with a total premium of $762,108 for a total insured value
of $110,852.651.
19. EXCESS GENERAL LIABILITY INSURANCE AND FIDUCIARY LIABILITY
INSURANCE RENEWALS [100 - 20071. Approve the renewal of the excess general
liability insurance coverage for a twelve month policy with The Insurance Company of the
State of Pennsylvania (an AIG Company) and Lexington Insurance for up to a maximum
of $675,781 in premium and $28,120 in premium for fiduciary liability with RLI Insurance.
S24. LEGISLATIVE ADVOCACY CONTRACT [100 - 2007]. Authorize the City Manager to
execute a Professional Services Agreement with Emanuels Jones & Associates for legislative
advocacy services based on the Scope of Services and Fee Schedule for the period of
February 1, 2007 through January 31, 2010 in the amount of $4,000 per month for Year 1
and $4,250 per month for Years 2 and 3.
S25. SUPPORT FOR THE REGIONAL BOARD'S PROPOSED ADOPTION OF THE
ORGANOCHLORINE TMDL [100- 2007]. Authorize the Mayor to sign the attached letter
in support of the California Regional Water Quality Control Board's pending adoption of a
Total Maximum Daily Load (TMDL) for Organochlorine Compounds ( "OC ").
Motion by Mayor Pro Tem Selich to approve the Consent Calendar, except for those items
removed (5 and 6 and noting Council Member Webb's recusal on Item No. 8, and the corrections to
Items 17 and 19).
The motion carried by the following roll call vote:
[ayes: Council Member Henn, Council Member Curry, Mayor Pro Tern Selich, Mayor Rosansky,
Council Member Webb, Council Member Daigle, Council Member Gardner
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
5. RESOLUTION RELATING TO THE CITY S 2007 AND 2008 LEGISLATIVE
PLATFORM [100 - 20071.
Council Member Webb explained that staff and committee members reviewed the document
and submitted their changes for consideration. Council Member Gardner opposed Surface
Transportation item (d) because the completion of the Foothill East Transportation Corridor
would take state parkland and it also contained a provision that if the toll road were built no
improvements could be made to Interstate 5. The Governor opposes the project, the
Attorney General has filed suit against the project, and other cities have passed resolutions
opposing it. She said she also opposes Item (e), however she is not sure whether support
was being offered for airport diversion traffic reasons. Council Member Webb said he was
aware that many people objected to the particular roadway, however, the more congestion
on the highways the more difficult it is to move within the community. The parkland is
leased from the government, is only slightly used and is no longer of great concern. Since it
is controversial, he recommended removing the item and bringing it back for further
discussion to include a presentation by the TCA. As far as Item (e), he was concerned about
getting airport passengers out of the county and if the corridor was closed it would push the
expansion of John Wayne Airport. Council Member Gardner said she would agree with
Council Member Webb on the presentation as long as there was a presentation by the
opposition.
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Council Member Curry asked what staff was trying to accomplish with Fiscal Stability Item
(c). Assistant City Manager Kiff responded that because the matter was brought up by a
couple of residents and introduced by the Governor it spurred him to think that the City
should be prepared to take a position for or against provided it assisted the City in terms of
coverage of its employees.
Nancy Skinner supported Council Member Gardner's comments and felt the City should not
take a position for or against the resolution.
Motion by..C_.ouncil Member Henn to adopt Resolution No. 2007 -11 adopting a Legislative
Platform, as amended, for the 2007 -08 Legislative Session and authorizing the Mayor to
issue statements and letters consistent with the Platform.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tem Selich, Mayor Rosansky, Council Member
Webb, Council Member Daigle, Council Member Gardner
Abstain: Council Member Curry
6. COMMERCIAL SOLID WASTE COLLECTION: RESOLUTION EXPRESSING THE
CITY'S INTENT TO GRANT NON - EXCLUSIVE SOLID WASTE COMMERCIAL
FRANCHISES TO FRANCHISEES (421100- 20071.
Council Member Daigle asked for the status of the bins for Newport Coast and City Manager
Bludau responded that bins will be freed up by July 1st and there would be open bidding for
which hauler would get the bins. Council Member Daigle asked if staff would be looking at
the issue of non - exclusive contracts for City haulers and City Manager Bludau responded
that staff would present the information during a study session in two weeks.
Motion by Council_..Member._Webb to adopt Resolution of Intention No. 2007 -12
expressing the city's intent to award Franchises and enter into franchise agreements with
those Commercial Solid Waste Companies listed in Exhibit A of the staff report and setting
the matter for a public hearing on March 13, 2007.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tern Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
K. PUBLIC HEARING
20. VACATION OF A SEWER EASEMENT AT 721 AND 725 ST. JAMES ROAD 1901100-
20071.
Mayor Rosansky opened the public hearing
Public Works Director Badum noted that this item presents an opportunity through the
redevelopment process for the City to vacate a sewer line that is difficult to access and that
bisects the property.
Hearing no testimony, Mayor Rosansky closed the public hearing.
Motion by Council Member Webb to adopt Resolution No. 2007 -13 ordering the vacation
of a 10 -foot wide sewer easement at 721 and 725 St. James Road as described in Exhibit "A"
and depicted in Exhibit "B" of the staff report; 3) direct staff to process the vacation; and 4)
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direct the City Clerk to record the Resolution with the Orange County Recorder.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
L. PUBLIC. COMMENTS
Charles Griffin proposed that the property located at the northeast corner of Campus and Bristol
North would be a suitable location for City Hall and that the property could probably be acquired
through eminent domain.
O. CONTINUED BUSINESS
23. COUNCIL CONSIDERATION OF WHETHER TO INITIATE THE PROCESS TO
DEVELOP PHASE 1 OF NEWPORT CENTER PARK 1100- 20071.
Mayor Rosansky.explained the procedures that would be followed for this agenda item
City Attorney Aaron Harp responded to Bernie Svalstad's point of order concern and Council
Member Webb's response that discussion about where City Hall should be located was not
the focus of tonight's discussion.
City Manager Bludau stated that the issue regarding tonight's public hearing item is
whether the City Council should proceed with the design and eventual construction of the
Newport Center Park Phase I or, whether Council should maintain the Newport Center
Park site as an option for a City Hall location until such time as Council makes a firm
decision on a City Hall location. He provided a PowerPoint presentation in concert with
staffs report that provided a detailed history of the park site planning and included maps,
diagrams and a cost summary of the proposed project.
Public Works Director Badum spoke about how the concept and design has progressed and
changed over time and how the estimated cost has increased from $1.2 million about a year
ago to over $3 million today.
Mayor Rosansky recalled that the cost was $1.4 million at the time the donor brought forth
his offer of $1.2 million to complete the park and that the City would contribute $200,000
toward completion.
Council Member Daigle wanted to know if the donor requested additional improvements for
the $600,000 donation, and if so, the value of the enhancements and how they have affected
the overall budget. Public Works Director Badum moved forward with his presentation to
show the costs of improvements and indicated that the original concept did not have a
parking lot. The difference between the northern area and the revised design for the passive
park account for the difference in estimated costs of enhancements. Public Works Director
Badum confirmed to Council Member Daigle that the additional $600,000 donation is offset
by the design enhancements.
Mayor Pro Tern Selich said he was involved in proposing the enhancements as a direct
result of input and that the donor was not entirely responsible for the enhancement cost
increases. The original cost was not based on a set of plans.
Mayor Rosansky stated that although the original estimate was not based on a set of plans
Council took its action based on the original estimate.
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Public Works Director Badum agreed with Council Member Webb that there could be a cost
savings if the City were to move forward with the entire project rather than phasing the
project and that the second phase would result in removal of a large amount of landscape
material.
In response to Mayor Rosansky, Public Works Director Badum responded that late last year
and again at the February meeting Mayor Pro Tem Selich requested the proposal be brought
back as a phased project.
Mayor Pro Tem Selich explained that the details of the donation have not been worked out
with the donor but believed that, he expected his contribution would be based upon the
completion of Phase I within a reasonable period of time. One of the action items on the
agenda this evening is to consummate the agreement.
Council Member Webb recalled that the agreement would allow naming rights so that the
concept under the CIP budget was a $1.7 million contribution for a total project cost of $1.9
million with the City contributing about $200,000. According to current estimates the
$600,000 additional contribution would require the City to contribute 85 percent.
Mayor Pro Tem Selich concurred with Council Member Henn that the fundraising would not
be limited and further stated that the idea for naming rights was to allow other major
contributors to have naming rights as well, although he was not aware of any at this time.
Recreation and Senior Services Director Morgan indicated to Mayor Rosansky that he had
been with the City for four months and had visited about 40 of its 64 parks. Approximately
two - thirds of the acreage is passive and the demand for park programs is very strong. The
City is always trying to enlarge the inventory and there are other needs that could be met,
especially for youth. The City owes approximately $3 million on Sunset Ridge
Park. The potential development design consists of an overlay of two baseball fields and two
soccer fields with estimated construction costs of $6 to $7 million, which is not currently
budgeted for. He felt the athletic organizations would welcome a discussion about
additional active park space. Recreation and Senior Services Director Morgan responded
to Council Member Daigle that he would assume the General Plan was responsive to and in
line with community needs and desires. Prior to tonight's meeting he reviewed the
Recreation Element and felt it was very fair and he would keep the Sunset Ridge Park and
Newport Center Park in the first priority positions because there are approximately 6000
kids that need to be accommodated during each season. He indicated that generally cities
do not have enough park space.
Assistant City Manager Wood reported that the current General Plan designation for the
site is Open Space and would require a vote of the people to change the designation. She
stated that the City's standard is to provide 5 acres of parks and open space for every 1000
residents. Currently there are 10.9 acres needed for Area 9 and there are currently 19 acres
available. The West Newport area requires 64.7 acres and the active park acreage plus the
beach area totals 43.1 acres, leaving a deficit of 21 acres, exclusive of Sunset Ridge
Park.
Library Director Katsouleas reported that the library parking problems are legendary and
when the building was originally designed it was intended to be part of a complex that
included a museum that would provide additional shared parking. Programs are limited
due to lack of parking and they lose out on programs because of it.
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Council Member Webb said he was concerned with whether the Council should look at
funding a passive park outside of what was authorized in the CIP. He displayed a photo
array of the park inventory and pointed out the views from many of the existing parks. He
felt that the City's money should not be used for passive parks when there was such a dire
need for active parks and he could not support moving forward with a passive park north of
the library.
Council Member Gardner said this site was deeded in perpetuity as open space. Three
different City Councils have turned away proposals for this site and she felt the City should
stand by its promise to the residents.
Bernie Svalstad supported the park because the public voted to approve the park and not
the soccer field. His committee spent a lot of time fundraising and he felt that in spite of the
fact that half of the value of the donation had been lost there would be sufficient donations
to complete the project.
Allan Beek said the site designated as open space would be a good place for a park and a
very poor place for a city hall.
Tom Collister urged Council to not approve the site for a park site because it is a high traffic
area with safety concerns that would render it inconsistent with the surrounding
commercial area.
Larry Tucker said he is here to promote good decision making and urged the Council to not
make a decision tonight and further explore finding the best possible location for city hall.
He said he believed the Park Plus plan was innovative.
Tom Moulson felt the Council had a moral obligation to support recommendation #1
Shirley Conger supported a passive park above the library and believed the city hall should
be developed nearby on a different site.
BJ Johnson said that the Corona del Mar Residents Association voted in favor of the park
and felt the City Council should move forward with Phase I tonight. She encouraged the
City to place Council Member Webb's park presentation on Channel 3 to encourage park
usage.
Greg Sullivan supported a park and felt traffic generated by a City Hall on the site would
promote safety concerns and result in additional taxes to the residents.
Jim Robertson thanked Mayor Rosansky for his Park Plus Plan about the most logical site
for city hall and acknowledged that an earlier Council may have adversely acted to preclude
city hall from this site. He urged Council to vote no and to consider other options for the site
based on the best interest of the City and its residents.
Ron Hendrickson felt the Council should postpone this decision and move forward to
consider the site as the new city hall location.
Barry Allen said that 61 individuals signed a petition this evening in favor of saving the
park and felt the Council should move forward with Mayor Pro Tem. Selich's proposal.
Wendy Brooks felt the Park Plus proposal was the perfect solution for the site.
Don Udall supported the park and felt the City should keep its word.
Norm Witt supported the Park Plus concept as a win -win solution and urged Council to take
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no action on the park development tonight.
Joe Garrett supported the park and supported the Park Plus program as a win -win solution
that would provide a crown jewel.for the community.
Scott Calder said he supported the Park Plus proposal and could not understand why when
a better idea was presented the Council would not give it full consideration.
Mary Barrett Blake asked Council Members to open their minds, listen to the residents and
support the Park Plus Program because it would create an incredible community center site.
Novelle Hendrickson supported the Park Plus program and took exception with portions of
staffs report because there was never a public hearing on the matter during regularly
scheduled City Council meetings.
Val Skoro encouraged approval of Phase I and pursuit of the OCTA as a site for city hall.
Gladys Wolcott said this Council voted for a park and asked Council Members to keep their
word and build the park.
Debbie Stephens said this site has always been designated as a park site.and the Council
should move forward and build the park.
Dick Marowitz offered his full support to the Park Plus program that he believed made fiscal
sense. He urged the City Council not to take a vote on this issue until full study of a city
hall and park was completed.
Hugh Logan urged the City Council to vote yes on Phase I.
Jack Croul felt the site was not suitable for a park but that it would work well for a city hall
and the site could include a 9 -acre park.
Dan Guggenheim supported the Park Plus proposal and encouraged everyone to consider
the possibility that the City could have both a new city hall and park because it would fulfill
the needs of past and present Councils and provide value to all residents of Newport Beach.
Craig,Batley urged the Council to delay making a decision, study the matter and continue
the debate.
Gene O'Rourke felt the issue before the City Council was that it should wait four months to
make a decision about whether the site should include a city hall and park.
Marcia Dossey supported the shared use plan proposed through the Park Plus program and
asked the City Council to vote no on tonight's proposal.
Richard Cabin was opposed to considering a city hall on the site and urged Council to vote
yes and proceed with Phase I.
Larry Porter said the City Council should proceed with construction of the park.
John Moftakhar felt a municipality should be flexible in its decision- making process and
believed it would be cost prohibitive to hold a special election for a city hall at the site.
Jo Vandervort encouraged the Council to delay its decision and not be pushed into making a
decision at this time.
Mike Johnson said he was in favor of moving the current city hall site and liked the concept
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of efficiency of economies proposed via the Park Plus program.
John Heffernan said he was part of the Council who voted in 2005 to remove this site from
consideration for City Hall and he now realizes he made the wrong decision. He spoke in
support of a mixed -use option with the park and city hall at the location and urged the
Council to study it further.
Leonard Lane asked Council to keep its commitment and move forward with the park
James Turner supported the Park Plus program.
Barbara Birney felt everyone could be satisfied with a mixed -use of the site.
Bob Shelton believed it was never a mistake to take time to consider all options. The most
important promise would be to withhold a vote until all sides were fully vetted and
considered.
Debra Allen said she supported speakers who asked the Council to keep their promise to
build a park and the problem with a mixed -use proposal was that the city hall would take a
big chunk out of the middle of the grassy area.
Dr. Jan Vandersloot, speaking on behalf of SPON, said this site was designated open space
and limited to park use and therefore the City Council should keep the public trust and
develop the park.
Dr. Jack Skinner believed that the proposed dual use has merit and should not be so quickly
dismissed this evening.
Helen McGruder said the City Council has a duty to serve the entire community. The
Council should take no action until it commits to a final location for a city hall.
Nancy Skinner.said she would not support a plan to override a promised park unless a far
superior plan were proposed and she would like the opportunity to review a full proposal for
a mixed -use on the site and urged Council to postpone its decision for four months.
John Connelly felt it was reasonable, practical and responsible for the Council to consider all
options and to do otherwise would not be in the best interest of the City and its residents.
Christine Carr felt the Council should move forward with the park.
Steve Brahs, member of the Site Selection Committee, said he felt there was no better site
for a city hall and a vote for Phase I would prohibit further consideration of a city hall on the
site.
Tim Brown said he strongly supported a passive park on the site and believed it was a clear
recommendation of the Parks, Beaches & Recreation Commission.
Bill Ficker presented 250 signatures in support of asking the City Council not to proceed
with the park design and construction until the city hall issue is resolved. He indicated that
his plan includes having a park and city hall on the site and an urban park on the current
city hall site.
Charles Griffin wanted the City Council to move forward with Phase I and said the obvious
location for city hall was the airport industrial area.
Laura McCant said a good architect could design the site to accommodate a city hall and a
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park and that it was fiscally responsible to build a city hall at that location.
Mayor Pro Tem Selich said after listening carefully he came to the conclusion that the easy
way was to continue the matter and the right way to handle this situation was to move
forward with the park. He said one of his first tasks when he joined the City Council was to
build this park and said there are plenty of options in Newport Center for City Hall.
Motion by..Mayor__Pro Tem Selich to direct staff to proceed with the preparation of plans
and specifications for the bid package for Phase I of the Newport Center Park as follows: 1)
approve construction of the park per the currently approved City Council concept plan, with
the addition of the upper parking lot in phases with the middle phase first; 2) acceptance of
the $600,000 donation towards construction of the middle phase in exchange for naming
rights for the entire park, with the provision that other naming opportunities will also be
available; 3) conceptual approval to amend the FY 2006 -07 budget to increase the funding
for the park from $200,000 to $400,000, subject to final construction bids; and 4) direct staff
to complete the construction documents for the middle section phase as soon as possible and
put them out to bid.
Mayor Pro Tem Selich clarified that his motion did not include the consideration for a soccer
field.
Recreation and Senior Services Director Morgan noted that neighborhood residents and
library patrons would most likely utilize the passive park and the amenities would dictate
the types of uses. Mayor Rosansky said he has not seen a conceptual plan, therefore it
would be difficult to vote on the issue. Access would include a 234 -foot switchback ramp
that would climb 30 to 40 feet from the library to the top of the hill.
Council Member Webb said that a large area of manicured grass would require a great deal
of maintenance. He asked if a soccer field was located in the area would there be more use
and Recreation and Senior Services Director Morgan responded that there could be four
teams at the same time during practice days and a soccer field would draw more individuals
than a passive park use.
Public Works Director Badum reminded Council that the conceptual enhanced plan was
shown during staffs report and that about 70 percent of the plan was complete. Public
Works Director Badum responded that the direction to staff was to include benches and not
picnic tables, no lighting, more turf and parking spaces to accommodate the library.
Public Works Director Badum explained that phasing was an idea that was brought up late
in the game and that there was no construction plans for phasing.
In response to questions about redesigning the park, Mayor Pro Tem Selich said he believed
the commitment the Council made previously was in accordance with the proposed
conceptual plan.
Council Member Webb said the reason the Council is taking time to consider this proposal is
because this is a passive park that would require a substantial amount of money that could
be used to construct active parks. He felt the Council should be very concerned about the
cost benefit ratio of a passive use that is by definition not a destination park and for the
Council to approve Phase I it might be wasting considerable capital.
Substitute motion by Council Member Webb to take no action on park development
until such time as the City Council commits to a final location for a new city hall.
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Council Member Daigle said she recognized the passion and commitment by park
proponents, however given the uncertainty about the cost and phasing as well as competing
priorities, she recommended this matter be tabled until June when the Council could look at
its budget for the ensuing year.
Council Member Curry spoke in opposition to the substitute motion and said that during his
campaign he clearly stated his position that he would support the park. He said he was
disappointed with the leadership tonight because the community has been needlessly
divided. It comes down to whether the Council would support the park and put the City
Hall at another location. This is a matter of trust going back to 1990 and he is committed to
having a park at this site.
Council Member Henn said he read and considered every email and felt it was his mandate
to consider all issues and input throughout the evening. He stated that it is too early to
conclude what is the best location for City Hall since it is a complex issue that deserves a
great deal of consideration. No matter where it goes the cost is likely to be $50 million or
more. He rejected the notion that people who live near Newport Center Park are somehow
acting in a selfish and narrow manner and their views are to be discounted and said that
anyone who lives in or near any project that involves intensive land use are entitled to
express their views. After viewing the parks with Council Member Webb it was clear that at
least half were not often visited and "bang for the buck' is not the decision rule. He spoke of
integrity and stated that the Council needs to act with integrity over time and the first point
is that this site has been envisioned as a passive park for 15 years or more. The second
commitment is that the City just completed and endured a hard fought election and the
voters approved a General Plan for the first time in 25. years. The General Plan included a
vision for open space and parks and was a balanced plan that should only be changed for the
highest standard. He indicated he would vote for the original motion and against the
substitute motion.
Mayor Rosansky explained that his questioning of staff was an attempt to elicit information
that has not been before the public. Although he had previously voted to keep City Hall in
its current location, after reviewing his actions he was willing to correct them if they were
not appropriate at the time. The General Plan says that the City has a surplus of passive
parks and if the Council is to consider its limited resources it should look at economies of
scale. He spoke of the Council's fiscal responsibilities. He indicated that he is a proponent
of parks and a proponent of a park in this location and nothing has been said tonight about
not building a park at this site. Thousands of residents use the Library on a regular basis
and according to the director there is a huge need for additional parking. He reiterated who
the basic users of the park would be and noted that there is no direct connection between the
proposed park and the library except a long upward winding ramp or staircase. In reference
to the time it has taken to build this park, he noted that the land was dedicated in 1992 and
if there was such a great need for this park it would have been built 10 years ago and people
would not be asking to put City Hall, senior apartments, etc. on the land. Mayor Rosansky
said he is Chairman of the Building Committee and the committee has looked at many sites
and the bottom line is that none of those sites panned out. Referencing past promises and
the commitment to keep them, he noted that on May 27, 2003 and again on February 8,
2005, the City Council voted 6 -1 to keep City Hall at its current location. He explained that
the City Council is not keeping that promise because there is new information that has
indicated there might be a better location for City Hall. He felt the only promise was that
there would be nothing else on the site. The site review committee looked at more than 20
sites and most people feel that the site in question is the best site for City Hall. However, it
is incumbent upon this Council to not move forward with funding of this park tonight when
there is a clear need for use of these funds in other areas of the City.
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Council Member Gardner took exception to Mayor Rosansky's characterization that a
positive decision on this matter was "politically expedient."
Council Member Daigle asked if any consideration would be given to changing the phasing
so the parking lot would be built first.
The substitute motion failed by the following roll call vote:
Ayes: Mayor Rosansky, Council Member Webb, Council Member Daigle
Noes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Council
Member Gardner
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Council
Member Gardner
Noes: Mayor Rosansky, Council Member Webb, Council Member Daigle
The Council recessed the meeting at midnight and reconvened at 12:10 a.m. with all
members present.
K. PUBLIC HEARING
21. IN -LIEU PARK DEDICATION FEE ADJUSTMENT - APPRAISAL OF EASTBLUFF
AND BOB HENRY PARK [100-200 71.
Dr. Jan Vandersloot felt the City should get part of the money from the park in -lieu fees and
felt it was perfectly reasonable for the City to increase the fees paid by the homebuilders.
Motion-by Council Member Webb to continue this item.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE AC.TIVITI_ES - None
N. PLANNING COMMISSION. AGENDA AND-ORAL STATUS -REPORT
22. PLANNING COMMISSION AGENDA FOR FEBRUARY 22,. 2007 [100 -2007] - No oral
report provided.
P. CURRENT BUSINESS_
S26. COMMUNITY PROGRAMMING EQUIPMENT; BUDGET AMENDMENT [100 - 20071.
Assistant City Manager Kiff reported that this is a recommendation that the City invest in
cameras and editing equipment to continue the City's programming efforts. Time- Warner
has contributed $400,000; Cox $600,000, and Time- Warner will provide 10 -year ongoing
support for $90,000 to $100,000 per year.
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Motion-by CouncilMember Dade. to authorize the City Manager to use a portion of the
PEG Capital Grant from Time Warner Cable to purchase cable - casting and community
programming equipment substantially similar to the attached Equipment List in an amount
not to exceed $100,000.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
Q. MOTION FOR RECONSIDERATION - None
R. ADJOURNMENT -At 12:30 a.m. in memory of Bernice Borchard Heffernan and Edward H.
Selich
The agenda for the Regular Meeting was posted on February 22, 2007, at 10:45 a.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 February 27, 2007, at 2:30 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
Recording Secretary
City Clerk
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