HomeMy WebLinkAbout03/23/2010 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
March 23, 2010 — 7:00 p.m
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:15 p.m.
A. Conference with Legal Counsel - _Anticipated Litigation_ - __Initiation,,. of
Litigation (Government Code, § 54956.9(c)1: One matter:
1: Potential initiation of litigation against on -line travel companies to recover
outstanding transient occupancy tax.
B. Conference with Legal Counsel - Existing Litigation (Government Code
54956.9(A)): Two Matters;
Abrams vs. City of Newport Beach; OCSC Case No. 30- 2010 - 00346541; USDC Case
No. SACV09 -404 DOC (MLGx)
C. Public Employee Performance Evaluation (Government Code § 54957
W
The City Council will meet in closed session to consider the appointment,
employment, evaluation of performance, discipline, or dismissal of one public
employee.
1. Title: City Attorney
D. Conference with Labor Negotiators (Government Code § 54957,6):
Agency Designated Representatives: Bill Avery of Avery & Associates and Terri
Cassidy, Human Resources Director
Employee Organizations: Multiple Newport Beach associations: Lifeguard
Management Association (LMA), Newport Beach Firefighters' Association (NBFA),
Police Management Association (PMA), Police Employees' Association (PEA), Fire
Management Association (FMA), and Association of Newport Beach Ocean
Lifeguards (ANBOL)
E. Conference with Real Property Negotiator (Government Code § 64956.8):
Property: Jamboree Road Widening Right of Way at and around SR 73 Overcrossing
City Negotiator: Ray Armstrong of Overland, Pacific & Cutler, Dave Webb
Negotiating Parties: Lexus, Successor for Downey Savings, Back Bay Court
Under Negotiation: Right of Way for Widening of Jamboree Road
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Property: 3300 Newport Blvd., 475 32nd Street and 3415 -3475 Via Lido
City Negotiator: Dave Kiff
Negotiating Parties: Fritz Duda Company
Under Negotiation: City's acquisition and disposition of parcels.
F. Public Emu _lo vee _Performance Evaluation (Government Code .§ 5.4.957(B)
4 ice,
The City Council will meet in closed session to consider the appointment,
employment, evaluation of performance, discipline, or dismissal of one public
employee.
i
Title: Acting City Attorney
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT -Mayor Curry announced that Council collectively discussed
the issues related to City Attorney Hunt and noted that they met with him and his wife. He
assured residents that Council will continue to act thoughtfully and methodically to evaluate
all relevant factual information as they determine how to proceed. He noted that City
Attorney Hunt requested administrative leave from work which was unanimously granted
by Council. He also reported that Council appointed Assistant City Attorney Mulvihill as
acting City Attorney and noted that Council has retained independent counsel to help
guide them to do what is right for the City.
VII. PLEDGE OF ALLEGIANCE - Council Member Webb
VIII. INVOCATION -Mr. Frank Carpenter
IX, PRESENTATION
Exchange Club of Newport Harbor Regarding Field of Honor at Castaways Park -
Jerry Niniger introduced some of the members of the Exchange Club of Newport Harbor,
provided the history of the organization, and noted that they focus on youth programs and
community service. He announced that they are hosting a Field of Honor at Castaways
Park on May 14_ - 17, in which proceeds will be donated to the men and women in the armed
service and invited Council to attend the opening ceremony. He showed a video and
provided flyers. Mayor Curry thanked the Exchange Club and encouraged residents to
attend.
X. NOTICE TO THE PUBLIC
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XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL. MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR
REPORT (NON- DISC.U_SSION ITEM)
Council Member Daigle announced that she attended the teen challenge event at the Balboa
Bay Club which helps kids through life's challenges and noted that she was pleased to see
people of all ages in attendance.
Council Member Selich requested that staff bring back a report to Council to take a position
of opposition to the Southern California Edison proposal to place a tariff on underground
utilities.
Mayor Pro Tem Henn noted that the Balboa Market property purchase is complete and
marks the first of three critical building blocks for the revitalization of the Balboa Village.
He announced that he, Mayor Curry, and Council Member Selich attended the kickoff of The
Nautical Museum on Friday, March 19, which highlighted the new vision. He stated that
he is thrilled about the prospect of completing the project, noted that the City will help
facilitate the development, invited residents to visit the museum, and stated that the
museum will now be known as "The Explorocean: The Newport Harbor Nautical Museum."
Mayor Curry announced that the City is offering summer camp programs, stated that he
began Meet the Mayor in which he will be visiting various communities in the City for 1.5
hours each month to discuss issues and concerns, or just to say hello, and stated that the
next Meet the Mayor will be on April 3 from 9:00 a.m. to 10:30 a.m. at the Beek Center on
Balboa Island. He also announced that he participated in Mayors-for-Meals Day, attended
the Police Appreciation Breakfast this morning, the Mayors Prayer Breakfast in Irvine on
March 16, and the Spirit Race on March 21; and presented a scroll to Charlie Fuori in
celebration of his 100th birthday on March 14.
XII. CONSENT CALENDAR
A. READING OF MINUTESIORDINANCES AND RESOL UTIONS
1. MINUTES OF THE REGULAR MEETING OF MARCH 9, 2010. [100-
20X01 Waive reading of subject minutes, approve as written, and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. [100 -20101 Waive
reading in full of all ordinances and resolutions under consideration, and
direct City Clerk to read by title only.
B. ORDINANCES FOR INTRODUCTION
3. AMENDMENT TO CHAPTER 17.25 AND 17.50 (SEA LION TIME
LIMITS FOR COMPLIANCE). [100-20101 1ntroduce Ordinance No. 2010 -
5 amending Newport Beach Municipal Code Sections 17.25.020 and
17.50.100 relating to sea lion abatement, and pass to second reading on
April 13, 2010.
C. RESOLUTIONS FOR ADOPTION
5. AUTHORIZATION TO ACCESS STATE AND FEDERAL CRIMINAL
HISTORY INFORMATION FOR KENNEL LICENSING PURPOSES.
[100 -20101 Adopt Resolution No. 2010.22, authorizing the City of Newport
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Beach Police Department to access state and federal level criminal history
information for licensing purposes. -
6. AUTHORIZATION TO ACCESS STATE AND FEDERAL CRIMINAL
HISTORY INFORMATION FOR EMPLOYMENT PURPOSES. [100-
20101 Adopt Resolution No. 2010 -23 authorizing the City of Newport Beach
to access state and federal level criminal history information for
employment purposes.
ESTABLISHMENT OF A CITIZENS TECHNOLOGY TASK FORCE.
[100-20101 a) Adopt Resolution No. 2010 -24 establishing a Citizens
Technology Task Force to evaluate the City's use of technology and make
recommendations to improve efficiency and effectiveness of our technology
investment and administration; and b) direct City Clerk to invite members
of the public to apply to be appointed to the Task Force.
8. FORMATION OF AN AD HOC COMMITTEE FOR NEGOTIATING
THE CONEYANT DEVELOPMENT AGREEMENT. [100 -20101 a) Adopt
Resolution No. 2010 -25 forming the City Council Ad Hoc Development
Agreement Committee for Conexant mix-use development; and b) confirm
the Mayor's appointment of Council Members Ed Selich and Steven
Rosansky to the Committee.
D. CONTRACTS AND AGREEMENTS
9. POLICE DEPARTMENT GENERATOR REPLACEMENT
COMPLETION AND 'ACCEPTANCE OF CONTRACT (C- 4056).
[381100 -20101 ) Approve the completed work and authorize the City Clerk
to file a Notice of Completion; b) 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 c)
release the Faithful Performance Bond one year after Council acceptance.
11. 2009 -2010 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF
CONTRACT (C- 4270). [381100 -20101 a) Approve the project plans and
specifications; b) award Contract No. 4270 to American Asphalt South, Inc.
for the Total Bid Price of $479,000 and authorize the Mayor and City Clerk
to execute the contract; and c) establish an amount of $48,000 to cover the
cost of unforeseen work.
12. OASIS SENIOR CENTER - FITNESS EQUIPMENT AWARD OF
CONTRACT TO TECHNOGYM, USA CORPORATION (C4414).
[381100 -20101 a) Approve the proposal for purchase of fitness equipment
and service agreement, and b) award Contract No. 4414 to TechnoGym
USA, Corporation for the. total proposal .price of $157,026.43 and authorize
the Mayor and the City Clerk to execute the contract.
13. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
TESTAMERICA, INC. FOR THE CITY'S LABORATORY PORTABLE
WATER SAMPLE TESTING SERVICES (C- 4499). [881100 -20101 a)
Approve Professional Services Agreement with TestAmerica Laboratories,
Inc. for the sampling and testing of the .portable water system; and b)
authorize the.Mayor and City Clerk to execute the agreement.
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E. MISCELLANEOUS
14. PLANNING COMMISSION AGENDA FOR MARCH 18, 2010. [100-
20101 Receive and file written report.
15. BUDGET AMENDMENT - SURFING /SAILING /TENNIS RESERVE
ACCOUNTS. 1100 -20101 Approve a budget amendment in the amount of
$42,225 and transfer funds from the surfing, sailing and tennis reserve
accounts into the General Fund.
17. GENERAL PLAN ANNUAL PROGRESS REPORT INCLUDING
HOUSING ELEMENT REPORT (PA2007 -195). [100 -20101 Receive and
file.
S28. APPLICATION TO CALIFORNIA DEPARTMENT OF BOATING AND
WATERWAYS SMALL CRAFT HARBOR DEVELOPMENT LOAN
FOR THE MARINA PARK PROJECT. [100 -20101 a) Adopt Resolution
No. 2010 -31 requesting a loan from the California Department of Boating
and Waterways Small Craft Harbor Development Loan; b) authorize the
Mayor and City Clerk to execute the resolution; and c) authorize City staff to
submit a loan application in the amount of $8,300,000 as stated in the
Resolution and direction from the City Manager.
Motion by Mayor. Pro Tem Henn. seconded by Council Member Rosanskv to approve
the Consent Calendar except for Items 4, 10 & 16.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
)III. ITEMS REMOVED FROM THE CONSENT CALENDAR
4. AMENDMENTS TO NEWPORT BEACH MUNICIPAL CODE CHAPTER 5.42,
REGULATING SOLICITATION WITHIN THE CITY. [100 -20101
In response to Council Member Gardner's question, Deputy City Attorney Wolcott
clarified that Federal case law does not allow the City to require registration of non-
commercial solicitors which is a separate issue from whether commercial or non-
commercial solicitors can approach a residence displaying a "no soliciting" sign.
Motion by Council Member Gardner, seconded by Council Member Webb to
a) introduce the proposed amendments to Ordinance No. 2010 -6; and b) pass to
second reading and adoption on April 13, 2010.
.10. PUBLIC DOCK ACCESS IMPROVEMENTS - 15TH, 19TH & FERNANDO
STREETS -AWARD OF CONTRACT (C- 4110). [381100 -20101
Paul Gerst, Permadock Incorporated, believed that the report provided misleading
information, read a letter that was sent to the City Manager, and provided
information about the reliability of their product.
City Manager Kiff stated that the bid procedure will be taken to the Harbor
Commission. Council Member Daigle and Council Member Webb concurred that the
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specifications should be reviewed.
Motion by Council Member Webb, seconded by Council Member Gardner to
a) approve the project drawings and specifications; b) award Contract No. 4110 to
Swift Slip Dock and Pier Builders, Inc. for the Total Bid Price of $154,903 and
authorize the Mayor and the City Clerk to execute the contract; and c) establish an
amount of $10,000 (6.45 %) to cover the cost of unforeseen work.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
16. RESTAURANT WEEK STATUS REPORT AND REQUEST FOR CHANGE OF
DATE FOR NEXT RESTAURANT WEEK. [100-20101
Peggy Fort provided the results of the two 2009 Restaurant Week events, the
program's history, 2010 event dates, the marketing and publicity plan, advertising
and website information, and the fiscal year growth comparison.
Jim Walker thanked the City for assisting the Restaurant Association with
appropriating funds, noted that they will be foregoing the October 2010 Restaurant
Week, and noted that they will continue in January 2011.
Motion by Mayor Pro Tem Henn, seconded by Council Member Rosanskv to
a) receive and file the presentation/report by the Newport Beach Restaurant
Association (NBRA) Business Improvement District (BID) on the success of the 4th
Annual Restaurant Week in January 2010; b) approve the NBRA BID request that
the $50,000 approved by the City Council in June 2009 for a Restaurant Week in
October 2010 be redirected to support a 5th Annual Restaurant Week in January
2011; and c) direct staff to distribute an RFP for the January 2011 Restaurant Week.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
)IV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tern Henn reported that the Marina Park Committee met to discuss the park at
15th Street and stated that Council is expected to consider the certification of
the Environmental Impact Report (EIR) in May. He also reported that during the Economic
Development Committee (EDC) meeting, he learned that there will be a special premier of a
film called City Island on Thursday, March 25, at the Lido Theatre. He noted that the
movie will he featured at the Film Festival being held April 22 -29, 2010. He reported that
the Charter. Update Commission meets every two weeks to consider changes to the City
Charter and noted that the Commission discussed the Civil Service System at its last
meeting and no decision was made.
Council Member Daigle reported that the Aviation Committee met to discuss a proposal
from Legacy Aviation, to have a facility off of Red Hill and announced that the applicant
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withdrew their proposal.
Council Member Gardner reported that the City is a member of Nature Conservancy of
Orange County and noted that the City will need to re- establish the pond turtle. She
also noted that there are two cactus wrens in Buck Gully. She reported that at
the Coastal/Bay Water Quality Committee meeting, there was a presentation on water
quality testing and noted that the City will continue to have water quality testing at the
beaches.
Mayor Curry reported that he attended the Mayors Institute for City Design at Arizona
State from March 10 -12, 2010, in which eight mayors from western states came together to
discuss various issues in their cities. Attendance at this meeting will qualify Newport Beach
to receive Federal grant money for our arts programs.
XV. PUBLIC HEARINGS
18. RESOLUTION 2010 -26 JOINT EXERCISE OF POWERS AGREEMENT
RELATING TO CALIFORNIA MUNICIPAL FINANCE AUTHORITY
REVENUE BONDS BENEFITING OUR LADY QUEEN OF ANGELS SCHOOL
(C- 4510). [381100 -2010[
In response to Council Member Gardnees question, Acting City Attorney
Mulvihill stated that Council has the full discretion to weigh the project on its own
merit and believed that approving the bond will not set precedence.
Council Member Gardner reiterated that the City is not issuing bonds. Mayor
Selich added that the City is acting as a conduit issuer pursuant to Federal tax laws
to enable a community resource to access the bond market.
Mayor Curry opened the public hearing. Hearing no testimony, he closed
the public hearing.
Motion by Council Member Webb, seconded by Council Member Daigle to
adopt Resolution No. 2010 -26 authorizing the execution of the Joint Exercise of
Powers Agreement with the CMFA, and the sale of not to exceed $5,000,000 CMFA
Revenue Bonds.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tent Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
19. TERMINATION OF NON - EXCLUSIVE COMMERCIAL SOLID WASTE
FRANCHISE AGREEMENT. [421100-20101
•-Mayor Curry opened the public hearing. Hearing no testimony, he closed
-the public hearing.
Motion by Council Member Webb, seconded by Council Member Rosansky
to adopt Resolution No. 2010 -27 terminating the solid waste franchise agreement
between the City of Newport Beach and Green Environmental Waste &Recycling,
LLC.
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The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
20. ANNUAL REVIEW OF DEVELOPMENT AGREEMENTS FOR PACIFIC
VIEW MEMORIAL PARK (PA2009 -024), NEWPORT HARBOR LUTHERAN
CHURCH (PA2009 -137), AND NORTH NEWPORT CENTER (PA2009 -023).
[100 -20101
Mayor Curry opened the public hearing. Hearing no testimony, he closed
the public hearing.
Motion. by. CgunclL Member Webb, seconded b y Counc,il Member..Rosanskv
to receive and file annual reports of development agreements for Pacific View
Memorial Park (Attachment No. CC1), Newport Harbor Lutheran Church
(Attachment No. CC2), and North Newport Center (Attachment No. CC3).
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
21. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF USE
PERMIT NO. UP2009 -014 (PA2009 -059) WAIVING THE THREE
ADDITIONAL OFF - STREET PARKING SPACES REQUIRED FOR THE
CONVERSION OF 3,061 SQUARE -FEET OF RETAIL SPACE TO MEDICAL
OFFICE USE IN AN EXISTING MULTI- TENANT BUILDING LOCATED AT
333 OLD NEWPORT BOULEVARD. [100 -20101
Planning Technician Steffen explained the site's uniqueness, parking issues, the
connected restaurant, and traffic studies. She discussed the approved application
and the applicant's requested changes.
In response to Council questions, Planning Technician Steffen clarified that
there will be a reduction of one parking space and the parking study stated that
there is available parking.
Council Member Gardner believed that the municipal lot should be metered or sold.
Council Member Rosansky noted that there is a lack of restaurants near Hoag
Hospital, believed that the restaurant is a valuable asset, and stated that the use of
the property is not conflicting with the hospital.
Mayor Curry opened the public hearing.
Peter Buffa, counsel for the applicant, noted that parking is not an issue and stated
.that the lenders are requiring that the. restaurant remain.
Stan Marcus expressed support for Council Member Gardner's suggestion. to meter
or sell the parking lot.
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Hearing no further testimony, Mayor Curry closed the public hearing.
otion bE Council Member Rosansky, secondedby._AWo_,r Pro Tem Henn to
adopt Resolution No. 2010 -28 denying the appeal and upholding and affirming the
decision of the Planning Commission to approve Use Permit No. UP2009 -014.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Gardner, Council Member Daigle
Noes: Council Member Webb
22. SUNSET RIDGE PARK PROJECT - RESOLUTION 2010 -29 CERTIFYING
THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SUNSET
RIDGE PARK PROJECT AND RESOLUTION 2010 -30 ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING
THE CONCEPTUAL SITE PLAN FOR THE PROJECT. (681100 -20101
Deputy Public Works Director Webb discussed the history of the project, displayed a
conceptual site plan, explained the different areas of the park, and thanked staff for
their work on the project.
Associate Planner Brown provided a staff report that included information about the
contractor, the Environmental Impact Report (EIR), responses to comments,
concerns and issues, alternatives, public benefits, and resolutions.
In response to Council questions, Deputy Public Works Director Webb stated that
road access from Superior Avenue is unsafe, discussed adding a signal at Coast
Highway at the proposed access point, and noted that staff will continue to work
with consultants and Caltrans to allow safe access. Acting City Attorney
Mulvihill confirmed that Banning Ranch and Sunset Ridge Park are two different
projects and noted that the entire project has been analyzed by counsel and they
concur with the responses provided by staff. Deputy Public Works Director Webb
noted that the road alignment has been in existence since the 60's. Assistant City
.Manager Wood stated that the EIR for the comprehensive General Plan showed that
the land use options will still need the roadway for regional traffic. Deputy Public
Works Director Webb stated that the road can be widened, but it is not appropriate
to grade through the large coastal bluff. He noted that there is an access point to
the oil wells and explained where the roadway would be located.
Council Member Gardner requested that the CD provided by Bonterra be corrected
and noted that, in order for Banning Ranch to be maintained as open space, funding
is needed.
Mayor Curry announced that the issue on the agenda is about Sunset Ridge Park
and provided instruction to the residents who planned to speak on the issue.
Mayor Curry opened the public hearing.
Stan Rosenthal expressed concern about potential traffic, noise, animal safety, and
parking issues.
Mike. Johnson expressed support for building Sunset Ridge Park, thanked City
Manager Kiff and Council Member Rosansky for their work in acquiring the land,
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and expressed concern about the proposed access
Gerard Proccacino expressed concern about the traffic light, crosswalk, turning
capabilities, and noise concentration.
Charlotte Maximur opposed the adoption of the EIR, expressed concern that the
roadway will be harmful to the habitat, and believed that the area should
remain open space.
Penny Ales. urged Council not to approve the EIR, expressed concern that the road
will destroy the habitat, and believed that the City should preserve the open space.
Ginny Lombardi believed that a report that includes the emission levels should be
provided to the residents and asked for clarification on several findings in the EIR.
Tom Robinson expressed support for building Sunset Ridge Park and urged Council
to approve the EIR.
Terry Welsh utilized a PowerPoint presentation, expressed concern about the road
extending through Banning Ranch, urged Council not to approve the EIR,
and referred to information from the General Plan.
Jim Mansfield believed that the access road and parking alternatives were
given little consideration.
Steve Ray believed that the EIR for Sunset Ridge Park should be combined with the
EIR for Banning Ranch and constitute one project, suggested that the City restore
Sunset Ridge Park as a passive park, and believed that short cuts were taken in the
EIR.
Dave Bent believed that Sunset Ridge Park should be a passive park.
Richard Taylor stated that the area should be used as a park with simple access and
expressed support for Council's decision to move forward with the plan.
Dave Sutherland expressed concern about the parking lot, restroom facilities, and
other safety issues. He suggested that the City utilize the existing parking lot at the
bottom of Superior Avenue which has room for expansion and can be connected with
abridge.
James Sails expressed support for building Sunset Ridge Park and believed that the
park will be utilized by the residents.
Terry Koken noted that Banning Ranch and Sunset Ridge Park are separate projects
and believed that the road should not be placed in that area.
Keith Banning expressed support for building Sunset Ridge Park, noted that the
park is greatly needed because there is not enough areas allotted for youth'sports,
and believed that a walking bridge should be included.
Jennifer Irani suggested that the lower parking area be utilized and a walldng
tunnel added.
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Alex Minster expressed support for building the park and believed it
should be developed in a way that does not diminish the open space. He also
believed that the traffic signal will create noise and congestion.
Chris McEvoy urged Council to consider other alternatives for the parking lot and
believed a walking bridge should be added.
Jeff Grant expressed support for building Sunset Ridge Park to allow an adequate
number of venues for children to play sports.
Rob Hamilton provided a handout, expressed concern about the plant species,
habitat, and groundwater seep area. He believed that the EIR is not consistent with
CEQA and that his questions were not properly responded to in the report.
Cindy Black stated that there are other parks playing in the City for sports,
expressed concern about the proposed traffic light, and believed that the road access
is not safe.
Eleanor Egan expressed concern that the proposed access road will impact residents.
Chris Bunyan expressed opposition to building the park, believed that the road will
impede the ability to exercise in the area, expressed concern for traffic congestion,
and urged Council to oppose the proposed access road.
Kathlyn Cray stated that the site's environment is unique, expressed concern for the
animals in the area, and believed that residents can find funding to keep the area as
open space.
Kevin Nelson believed that nature preservation is important and expressed
opposition to the road.
Phil Mendoza provided pictures and expressed concern that the road will tie both
the Sunset Ridge Park and Banning Ranch projects together. He provided
statistical information regarding the dirt and expressed concern about the natural
habitat.
Jeff Braun expressed support for approving the Sunset Ridge Park EIR and stated
that the park is needed. He believed that the access road will have minimal use and
stated that the signal is important for safety.
Lantz Bell expressed support for the EIR which will give an opportunity for children
to play sports.
Stefanie Barger expressed support for building the park, but believed that the City
should focus on other alternatives for parking such as bussing, bicycling, and
walling. She also expressed concern that there will be parking issues resulting from
beachgoers.
Bob Siebert expressed support for building the park and provided suggestions and
alternatives to the parking issues.
Bruce Bertram expressed concern that the EIR is not a public information
document, talked about Caltrans'responae, submitted a handout, and suggested
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that Council approve the project without the access road.
Don Grady discussed the berm and stated that another alternative to the road
should be considered.
Fred Cornwell expressed support for building the park and thanked staff for
addressing the comments and concerns.
Mike Bryant encouraged Council to solve the problems.
Sandra Genis acknowledged Louise Greely for her work in getting the parcel
acquired from the State. She believed that the project is unstable, the project
description is shifting, and the road is shaping the future of Banning Ranch.
Patty Barnes expressed opposition to the EIR, expressed concern that the road is on
an oil well which was not addressed in the EIR, and stated that there is inadequate
seismic information provided relative to the road and parking.
James Nagle expressed support for building the park, but expressed concerns
relative to the road.
Debbie Koken expressed opposition to the road, stating that it needs its own EIR.
She believed that there are other alternatives that need to be addressed which will
be less expensive.
Gary Garber expressed concern for potential health issues, access problems, noise,
decreased home value, and wildlife.
Mary Schultz expressed support for building the park and believed that the
proposed access road is the best alternative.
Dr. Jennifer Frutig expressed opposition to the proposed traffic signal and access
road for Sunset Ridge Park.
Nicolai Glazer expressed opposition to the EIR but supported building the park. He
urged Council to review access alternatives to the park that would not include a
traffic signal.
Howard Rich stated that the park will improve West Newport Beach and the
residents deserve it. He believed that the proposed access road is
necessary, including a traffic signal, and thanked Council for the project.
Jeffrey Childs expressed opposition to the proposed access road and believed that the
endangered species in the area are at risk.
James Quigg expressed concern about the location of the park due to the Newport-
Inglewood fault zone and possible tsunami threats.
Mikel Horazata expressed support for building the park.
Bryan Burnett expressed support for building the park, but opposed the proposed
access mad.
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Tina Rider expressed support for building the park.
Samia Mankarious expressed concern relative to the soundwall, lights, and gates for
the park.
Hearing no further testimony, Mayor Curry closed the public hearing.
In response to Mayor Curry's question, Associate Planner Brown stated that all
comments raised were addressed in the responses to comments.
Council Member Gardner clarified that the road will not automatically develop
Banning Ranch and emphasized that money is needed to acquire Banning Ranch.
Steve Ray stated that his organization was approved to obtain Measure M funds,
but their proposal lacked a letter from the seller. He noted that the Orange County
Transit Authority (OCTA) has the ability to move the project to the acquisition
phase after all paperwork is received. Council Member Gardner emphasized that
the acquisition of Banning Ranch is not from lack of will, but from lack of funding.
In response to Council Member Gardner's questions, Council Member Webb stated
that Superior Avenue has been realigned previously. Assistant City Engineer
Sinacori clarified that the park will close at dusk and there will be a gate to prohibit
entry during the evening hours. He added that staff is working with the regulatory
agencies on replacing plants. Ann Johnson, Bonterra, explained what an ESHA
(Environmental Sensitive Habitat Area) is, noted that some areas will not be
touched to protect the most environmentally sensitive habitat areas of the park, and
explained the relationship between the City and the Natural Communities
Conservation Plan (NCCP) and the obligation the City has to restore habitat for the
Nat Catchers.
In response to Council questions, Deputy Public Works Director Webb stated that
the traffic signal is necessary from a safety standpoint. Further, the traffic signal
will rest at green at night and will not be triggered until someone is on the side
streets. He believed that the comment from Caltrans is a standard response, and
expressed confidence that the traffic signal is the best alternative.
Council Member Rosansky stated that safety is the main concern, expressed support
for the proposed traffic signal, and clarified that Council will not be approving the
installation of the signal until the final design is presented to Council. He noted that
the property was. proposed to have 150 condominiums at one time, stated that this
park has always been proposed as an active park, and believed that it is
not appropriate to put parking on the other side of Superior.
Council Member Gardner requested that there be adequate amount of bike racks.
Council Member Daigle reiterated that the signal is not being approved tonight.
Council Member. Webb expressed support for building the park, noted that the
proposed traffic signal will provide adequate access, and suggested that the
restrooms be placed close to the ball fields:
Mayor Curry stated that the park is important and necessary, believed that it is
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unfortunate that Sunset Ridge Park is being tied to Banning Ranch, and stated that
it is important to have the park built and that it is safe.
Motion by Council Member Rosansky_, seconded by Council Member Selich
to a) adopt Resolution No_ 2010 -29 certifying the Sunset Ridge Park Project's FEIR
(SCH. No. 2009051036), making certain Findings of Fact and Determinations
thereto, and adopting a Mitigation Monitoring and Reporting Program (MMRP); and
b) adopt Resolution No. 2010 -30 adopting a Statement of Overriding Considerations,
and approving the Site Plan for the Sunset Ridge Park Project.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
XVI. PUBLIQ COMMENTS
Orange County's 2 -1 -1 Awareness Presentation - Due to time constraints, Mayor Curry
suggested that Steve Lemler provide his presentation at a later date.
.Howard Rich discussed problems he has regarding a building permit. City ManagerI{iff
agreed to meet with Mr. Rich to help resolve his issue.
XVII. CURRENT BUSINESS
23. FY 2009 -10 BUDGET REDUCTIONS. [100 -20101
Council Member Webb believed that the Mariners Mile Business Area
Improvements project should not be deferred and could be done for only $75,000.
Without objection, he requested that the amount of the Mariners Mile Business Area
Improvements reduction be reduced by $75,000 (Budget Amendment No. lOBA-
037).
Mayor Curry suggested that the budget be further discussed at a later time and
commended staff for working diligently on budget issues.
Motion by Mayor Pro Tom Henn seconded by Council Member Rosansky to
a) approve Budget Amendment No. IOBA -035 reducing Workers' Compensation
appropriations by $430,160; b) approve Budget Amendment No. IOBA -036 reducing
General Liability appropriations by $188,165; and c) approve amended Budget
Amendment No. IOBA -037, reducing the CIP budget for deferred projects by
$250,000, amending the deferral of the Street - Mariners Mile Business Area
Improvements and allowing the project to be funded, and transferring the Bristol
Street North Landscape Improvements project, $100,000 from the General Fund,
7013- C2002028, to the Bristol Street Relinquishment Fund, 7253- C2002028.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tom Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
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24. VENDOR SELECTION FOR CONTRACT NEGOTIATIONS FOR STREET
SWEEPING SERVICES (C-4502).[38/100-20101
General Services Director Harmon provided a PowerPoint presentation that
included the history of the project, City costs, proposal results, a cost worksheet, and
recommendations and benefits of contracting the service. He thanked Mayor Pro
Tern Henn for evaluating staffs financial analysis.
In response to Council questions, General Services Director Harmon stated that
staff checked on Athens service levels and received no negative references, and noted
that their equipment will be stored at the yard which will require negotiations
relative to parking, maintenance, and cleaning of the equipment. Mayor Pro Tem
Henn commended the General Services Department and thanked General Services
Director Harmon and City Manager Kiff for making significant contributions to this
effort.
Mqtion. by_ Mayor Pro Tem _Henn. seconded, by Council Member, Webb to
negotiate a five -year contract (five -year initial contract with five (5) optional one-
year extensions) with Arakelian Enterprises, Inc., dba Athens Services, to provide
City -wide street sweeping services.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
25. ACCESS AGREEMENT REGARDING SUNSET RIDGE PARK (C- 4503).
[381681100 -2010]
Gerard Proccacino believed that Banning Ranch will want something from the City
in exchange for providing the land.
Bruce Bartram believed that the Sunset Ridge Park and Banning Ranch projects are
affected by the other, stated that the access agreement should have been in the EIR
for Sunset Ridge Park; and noted that the Master Plan of Arterial Highways shows a
road coming across the Banning Ranch property.
In response to Council Member Gardner's question, Acting City Attorney Mulvihill
stated that there is no need to recirculate the report because tonight's action is not a
mitigation measure. Steve Ray requested that Council delay their decision to a
future meeting due to lack of access to the agreement on the City's webpage.
Terry Welsh stated that the General Plan does not mention a primary road across
Banning Ranch. In response to his question, Council Member Rosansky stated that
the City will consult with Caltrans relative to the traffic signal and will respect their
decision. Mayor Pro. Tom Henn added that the City has yet to acquire Coast
Highway.
Brian Burnett believed that the traffic signal is not needed for a small number of
cars.
Jeffrey Childs believed that the City is assisting Banning Ranch by building the
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access road.
Council Member Gardner noted that the wetlands will not be developed and are
protected.
Mark Popovich stated that the traffic signal will also be used by pedestrians which
will slow down traffic on Coast Highway.
Kevin Nelson expressed the importance of the habitat, asked Council to reconsider
the proposed road access, and suggested that staff look at other alternatives.
Debbie Koken requested that Council use their influence to persuade Banning
Ranch to provide the letter to OCTA.
Mayor Curry announced that the staff report was posted online, but the access
agreement was not posted. Acting City Attorney Mulvihill clarified that, with
confirmation from the City Clerk, the staff report and agreement were available to
the public in the City Clerk's office and at the meeting. Further, not having it
posted online does not preclude Council's ability to take action on the item. Council
Member Gardner suggested that the item be continued because the access
agreement was not online.
Council Member Daigle clarified that the agreement does not bind the City to build
the traffic signal.
Motion by Council Member Rosansky, seconded by Council Member Webb
to approve and authorize the Mayor, City Manager as appropriate, and City Clerk to
execute the Access Agreement between the City of Newport Beach and Newport
Banning Ranch, LLC regarding Sunset Ridge Park.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Daigle
Noes: Council Member Gardner
26. ADOPTION OF COUNCIL POLICY D-6 REGARDING THE CITY'S USE OF
SOCIAL MEDIA. [100 -20XOJ
Council Member Gardner clarified that the ability.to block access to social media is
an employee. policy.
Motion by Council Member Selich seconded by Mayor Pro Tom Henn to
adopt Council Policy D -6.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
27. NEWPORT HARBOR NAUTICAL MUSEUM - ENCROACHMENT
.AGREEMENT TO RELOCATE AMUSEMENT EQUIPMENT WITHIN THE
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EASEMENT FOR SIDEWALK, PUBLIC UTILITY, AND PEDESTRIAN
PURPOSES. [100 -20101
App
rove motion by Council Member Webb. seconded by Mayor Pro Tem
Henn to continue the item to the April 13, 2010 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
XVIII. MOTION FOR R_E.CONSIDERATION - None
XIX. ADJOURNMENT -Adjourned at 11:31 p.m, in memory of Suzanne Dykema
The agenda for the Regular Meeting was posted on March 17, 2010, at 3:00 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 March 19, 2010, at 4:15 p.m on the City Hall Bulletin Board located
outside of the City of Newport Beach Administration Building.
ecording Secretary
Mayor
VI n -
City Clerk
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