HomeMy WebLinkAbout01 - Minutes - 3-23-10Agenda Item No. 1
April 13, 2010
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
March 23, 2010 — 4:00 p.m.
I. ROLL CALL
Present: Council Member Selich, Council Member
Curry, Council Member Webb, Council N
City Manager Kiff introduced Interim Fire Chief
experience.
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON
provided his
CALENDAR.
Henn, Mayor
ember Daigle
and
In response to Mayor Pro Tern Henn's-11%Wstion, Economic Development
Administrator DeSantis pro d the timeline for n the various sections of the
Balboa Village Parking St a presented ouncil. Council Member
Gardner noted that the Coron del a tudy o needs to move forward.
Regarding Item 10 (Public D Acce Improve nts), Council Member Daigle
asked whether materials, othe tha wood, could be considered for the project.
Harbor Resour Manager dicated that future Requests for Proposals
(RFPs) can b n differently, wever, the existing docks are currently made of
wood. Cit ana er Kiff noted t t this issue can be considered by the Harbor
Commis n.
In respond C ner's question regarding Item 5 (Authorization
to Access and Federal riminal History Information for Kennel Licensing
Po h aptain Johnson reported that the municipal code requires that
ennel ees o a background check.
City Ma nag Kiff poi d out that Item 3 (Sea Lion Time Limits for Compliance)
also include 10 -day noticing alternative and indicated that the City will be
communica ' the new regulations to the appropriate parties. Harbor Resources
Manager r expressed the opinion that the City is doing all it can do at this
point to ma ge the sea lion problem.
Ci5 ai er Kiff reported that the supplemental staff report for Item 8 (Ad Hoc
Com a for Negotiating the Conexant Development Agreement) included the
Mayo appointments to the committee and that he will be pulling Item 16
(Restaurant Week Status Report) so that the Newport Beach Restaurant Association
(NBRA) Business Improvement District (BID) could make a presentation.
Regarding Item 18 (California Municipal Financing Authority Revenue Bonds
Benefiting Our Lady Queen of Angels School), he noted that this is similar to what
the City has done for Hoag Hospital. Council Member Gardner requested that the
City Attorney's Office opine relative to the potential perception of discrimination if
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City of Newport Beach
City Council Study Session
March 23, 2010
the City does not assist other types of churches in the same manner
2. SPECIAL EVENTS ADVISORY COMMITTEE RECOMMENDATIONS ON
CRITERIA, APPLICATION FORM, AND APPLICATION REVIEW PROCESS
FOR CONSIDERING REQUESTS FOR CITY FUNDING FOR SPECIAL
EVENTS.
Kirwan Rockefeller, Special Events Advisory Committee EAC), utilized a
PowerPoint presentation to display the master, calendar of - ecial events. He also
highlighted SEAC's responsibilities and funding crit is for developing its
recommendations, and discussed the funding applic n form and point value
system. He reviewed the application review process tr .ne, but indicated that
SEAC will be flexible with the process. Econ c Devel ent Administrator
DeSantis noted that the tentative schedule way nded to coin with the budget
cycle.
In response to Council questions, Mr. efe reported on how C would
document and make recommendations Cou and indicated that SEAL has not
tested the criteria against existin eci events. Council Member Rosansky
pointed out that all applications are su d to be brought before Council. Mayor
Pro Tem Henn added that SEAC acts in an sory capacity to Council.
Kim Severini, Visit Newp Beach (VNB), c med that VNB has a brand
statement for the City and a it to Council.
Regarding the special even calendar c evelopment Administrator
DeSantis reported that the lendar as pai r by Council and Economic
Development, and that it canno be p d on the City's webpage because it does not
meet the website criteria.
3. OCEANF T FETY STE NG COMMITTEE RECOMMENDATIONS.
Public ormati Manager Fi n utilized a PowerPoint presentation which
highli the a me ship and history. She reported that the
committee in gways be banned on the boardwalk and Belvue
La nd th gway tour operators be required to obtain a permit to operate in
he r d that Segways are permitted on sidewalks. Police Captain
Johnson usued nfront safety events, the benefits of the mounted radar
booths on t boardwa enforcement, and the types and number of citations issued
on the boar alk. He reported that no citations were issued to Segway users
because Se ys are currently permitted on the oceanfront walk. Senior Civil
Engineer So mers discussed pavement markings, signage, and striping. He also
displayed t new and proposed boardwalk signs, and emphasized the importance of
orceme He confirmed that the signs are directed for boardwalk users, noting
t ea sers have other signs.
Coun ember Webb disagreed with the need to ban Segways since they have not
posed an enforcement or safety problem. He expressed support for the
recommendation to require a permit.
Mayor Pro Tom Henn expressed concern with allowing any type of electric or motor -
powered vehicle on the boardwalk due to the confusion it may cause the public in
determining what is permitted and what is not. He indicated that he supports the
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City of Newport Beach
City Council Study Session
March 23, 2010
use of any mobility device by individuals displaying a handicap placard.
Mike Beck indicated that he and his elderly father use Segways and discussed their
benefits. He expressed opposition to banning Segways but supports requiring
operators to obtain a permit.
Scott McKelroy, Segway Orange County co- owner, discussed hQtv he operates his
business, their safety record, and the limitations he has plV#Fd on the tours he
offers. He noted that there has not been a proliferatiyf of Segways on the
boardwalk, and requested that Segways not be banned on 0 boardwalk.
Dick Ashoff expressed support for Segways and
Epi Lopez, attorney representing Segway (
are safer than many uses currently on the
ban, and believed that Segway tours assist t
Segway Orange County out of business.
signed a petition opposing the ban. He to
to work with the City to make the uat
various tours they provide and the nu
reported that the boardwalk tour is their m
beginners.
County.
in County, dis d how Segways
walk, expressed sition to the
loca economy and the would put
dic d that 51 local buss ses have
Segway Orange County is willing
better. Mr. McElroy discussed the
tours a year that are given. He also
popular tour, especially since it is for
Joe Reiss, Oceanfront Stec ?reasons Membe lained that the committee
is recommending a ban of Se oardwalk to their size, weight and
speed. Further, there are saf c ncentration on the boardwalk.
He noted that Segways will at bin of reas of the City and reported
that other cities have already ba n
Dick Bur^SeOarange Con r, reiterated that the boardwalk tour is
the most d is one people visit Newport Beach. He took
issue tha not noted udy session until a few days ago and
s are not wider Ilan bikes.
Tommy Co t as trouble walking due to leukemia and that he
uses his Segw get around. He discussed how safe it is and that people visit the
of }each. He expressed opposition to the ban.
Bill Martin, ntral Nort Beach Community Association, presented a letter from
the associate in suppoW of banning Segways on the oceanfrong walk and suggested
that Council ifake an exception to the ban for handicap individuals.
Max Liskin ted that Segway Orange County currently has a responsible owner;
owever, a essed concern if the business changes ownership. He believed that
Q S aya would encourage people to use motorized devices on the
bo nd that Segways can be ridden in the alleys adjacent to the boardwalk.
Cathy Xendelson, Tommy's mother, noted that she was initially worried about her
son using a Segway on the boardwalk, but indicated that she now feels that they are
safe due to its manageability. She expressed concern about banning Segways on the
boardwalk because it would mean that her son would be riding the Segway on
sidewalks, close to traffic.
Chuck Grimley, Segway owner, discussed the manageability and environmental
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City of Newport Beach
City Council Study Session
March 23, 2010
benefits to using a Segway instead of driving, noted that they are not wide or heavy,
and pointed out that the speed governor can be set to 6, 8 or 12 mph.
Frank Cutler indicated that he has taken the beginner tour with Segway Orange
County and encouraged Council to try it. He stated that he has not seen many
Segways on the boardwalk and suggested evaluating the situation further
before implementing a ban. rJ
Mayor Pro Tern Henn requested a straw vote be taken relati to whether Council is
in favor of implementing a ban of the use c Segways b een Newport Pier and
Balboa Pier, allowing the use of Segways by handicap i iduals, and working with
the business owner to adjust to the ban. Follow' dis on, Council Member
Rosansky, Council Member Selich, Council Me er Daig nd Mayor Curry
expressed opposition to moving forward with a at this time. ever, there was
consensus to direct staff to work with the co ittee and Segway e County to
craft regulations for a Segway tour operator rmiA
III. PUBLIC COMMENTS - None
W. ADJOURNMENT - 5:37 p.m
The agenda for the Study Session was posted ,
City Hall Bulletin Board located outside
Administration Building.
ayor
Volume 59 - Page 420
17, 2010, at 4:30 p.m. on the
City of Newport Beach
Secretary
CITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
March 23 2010 7:00 .m
I. STUDY SESSION - 4:00 p.m
U. CLOSED SESSION - 5:15 p.m
A. Conference_ with Legal_ Counsel Antici Liti ation - Initiation of
Litigation .(Government Code 51956.9 c On tter:
1. Potential initiation o�lrfiigati against on-line try el companies to recover
outstanding transioccupa�cy tax.
�R
B. Conference with Le al Con 1 - ExistinLy Lit' ation (Government Code §
54956.9(A))_ Two Matters.
Abrams vs. City of t Beach; O k Case No. 30- 2010- 00346541; USDC Case
No. SACV09 -404 DOO,�
C. Public Emnlo ee Performan uat ' Government Code § 54957
T,,*P'City ouncil will et in closed session to consider the appointment,
loyme evaluation performance, discipline, or dismissal of one public
e yee. t:
le: Ci
a
D. Con enes. ith Labor Negotiators (Government Code § 54957 6�
Agency . esign Representatives: Bill Avery of Avery & Associates and Terri
Cassidy, uman ources Director
Employ Organizations: Multiple Newport Beach associations: Lifeguard
Manag ent Association (LMA), Newport Beach Firefighters' Association (NBFA),
lice anagement Association (PMA), Police Employees' Association (PEA), Fire
ment Association (FMA), and Association of Newport Beach Ocean
Li f ards (ANBOL)
E. Conference with Real Property Negotiator (Government Code § 54956.8):
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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City of Newport Beach
City Council Minutes
April 13, 2010
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
F. Public Emnloyee..Performance
The City Council will meet in
employment, evaluation of perfo:
employee.
Title: Acting City Attorney ,;:i=.:" 4
III. RECESS
IV. RECON4
of parcels.
to consider the appointment,
or dismissal of one public
Exchang b of Newport Harbor Regarding Field of Honor at Castaways Park -
Jerry Nini 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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City of Newport Beach
City Council Minutes
April 13, 2010
XI. 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 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.
mm
Council Member Selich requested that staff bring back a
of opposition to the Southern California Edison propose
utilities. „
Mayor Pro Tem Henn noted that the Balboa
marks the first of three critical building bloc
l
He announced that he, Mayor Curry, and Cu
Nautical Museum on Friday, March 19, kY3 ich
he is thrilled about the prospect of copletin
facilitate the development, invited, residents '`
museum will now be known as "The Exnloroceai
Mayor Curry announced
began Meet the Mayor in
hours each month to disc
next Meet the Mayor will
Balboa Island. He also ar
the Police Appreciation B
March 16, and jke Spirit
that the City f&bf
ch he will be
u ues and com
ben 3 from
celebration 9fol 0th birthday
0
El
this
21;
14.
r the
Mem
the project, r
visit the in
The Newport
rt to Council to take a position
place a tariff on underground
purchase is complete and
;ion of the Balboa Village.
attended the kickoff of the
ew vision. He stated that
that the City will help
and stated that the
rb autical Museum."
.g summer camp programs, stated that he
ng various communities in the City for 1.5
or just to say hello, and stated that the
Pia,m. to 10:30 a.m. at the Beek Center on
:ig'a"ted in Mayors- for -Meals Day, attended
the Mayors Prayer Breakfast in Irvine on
presented a scroll to Charlie Fuori in
OF,Y,W REGULAR MEETING OF MARCH 9, 2010. [100-
NNading reading of subject minutes, approve as written, and order filed.
2. OF ORDINANCES AND RESOLUTIONS. [100 -20101 Waive
ull of all ordinances and resolutions under consideration, and
ect City Clerk to read by title only.
AMENDMENT TO CHAPTER 17.25 AND 17.50 (SEA LION TIME
LIMITS FOR COMPLIANCE). [100 -20101 Introduce 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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City Council Minutes
April 13, 2010
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
[100 -20101 a) Adopt Resolution No.,-2010 -24 establishing a Citizens
Technology Task Force to evaluate _ d City's use of technology and make
recommendations to improve effic and effectiveness of our technology
investment and administratio d bj'%,,Tect City Clerk to invite members
of the public to apply to be app nted to thAvask Force.
TASK FORCE.
8. FORMATION OF AN.,4W HOC COMMI . x FOR NEGOTIATING
THE CONEXANT DEVELOPMENT AGREE M` T. [100 -20101 a) Adopt
Resolution No. 20(i•25 foaming the City Counci d Hoc Development
Agreement Committe'`d�IConexant mix -use develop ent; and b) confirm
the Mayor's appointme' of Council Members Ed Selich and Steven
Rosansky the Committee
D. CONTRACTS AND A TS
9. POLICE EPAR T GENERATOR REPLACEMENT
COMPLETION AND CE OF CONTRACT (C- 4056).
100 - 2010]) ppr the com d work and authorize the City Clerk
to le a Notice pletion; b) authorize the City Clerk to release the
La r and Maters bond 35 days after the Notice of Completion has been
,r re rded in accord ce with applicable portions of the Civil Code; and c)
re e the Faithful rformance Bond one year after Con
ncil acceptance.
9 -2010 F SLURRY SEAL PROGRAM -AWARD OF
RACT (C 4270). [38/I00 -2010) a) Approve the project plans and
ions; b) award Contract No. 4270 to American Asphalt South, Inc.
the 1 Bid Price of $479,000 and authorize the Mayor and City Clerk
.xecute a contract; and c) establish an amount of $48,000 to cover the
; of unforeseen work.
VAS IS SENIOR CENTER - FITNESS EQUIPMENT AWARD OF
ONTRACT TO TECHNYM, USA CORPOATION (C 4414). 8/100 -20101 a) Apprve the proposal for purchase of fitness eqpmnt d service agreement, and b) award Contract No. 4414 to Techn0 m
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). [381100 -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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April 18, 2010
E. MISCELLANEOUS
)III.
14. PLANNING COMMISSION AGENDA FOR MARCH 18, 2010. [100-
20101 Receive and file written report.
15. BUDGET AMENDMENT - SURFING /SAILING/TENNIS RESERVE
ACCOUNTS. [100 -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 PRO �'aRESS REPORT INCLUDING
HOUSING ELEMENT REPORT '2007 -195). [100 -20101 Receive and
file.
S28. APPLICATION TO CALIF IA DE TMENT OF BOATING AND
WATERWAYS SMALL EtAFT HAR R DEVELOPMENT LOAN
FOR THE MARINA PARK PROJECT. [1b020101 a) Adopt Resolution
No. 2010 -31 requesting a loaufrom the Califor'Ne) artment of Boating
and Waterways SrtIl Cra Harbor Developmen; b) authorize the
Mayor and City C1 Lu, cute the resolution; anthorize Cit y staff to
submit a loan applicati m the amount of $8,300,000 as stated in the
Resolution and di the City Manager.
•rauUmn ny iviayor rro -t e _
the Consent Calendar except r I
The motion carried by the follo °'r,
's 4&
Ayes: Councit:'�e er Selich,
Cu7jr, Coun Member Wel
seconded U uncil Member Rosansky to approve
10 & 16
g roll
Member Rosansky, Mayor Pro Tern Henn, Mayor
Council Member Gardner, Council Member Daigle
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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April 13, 2010
ED
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, CounXFK.f1OO_ nsky, Mayor Pro Tern Henn,
Mayor Curry, Council Membil Member Gardner, Council
Member Daigle
16. RESTAURANT WEEK STATUS R EQUEST FOR CHANGE OF
DATE FOR NEXT RESTAURANT 0f
Peggy Fort provided the results of to two 2009 Re '" urant Week events, the
program's history, 2010 event date§ '�he marketing and p city plan, advertising
and website information, and the fzscal year growth compariso .
Jim Walker thanked the City fps assisting the Restaurant Association with
appropriating fund oted that they" . ' be foregoing the October 2010 Restaurant
Week, and noted th P 'mill continue anuary 2011.
..iv�.vn .. ma or r ism ne econ b Uouncil Member Kosansk to
a) receive and file th pr se io rt y the Newport Beach Restaurant
Associl3f¢ (NBRA) Bu ess proveme istrict (BID) on the success of the 4th
Axuival RM� urant Week ' anuary 2010; b) approve the NBRA BID request that
�t n $50,00(" approved by e City Council in June 2009 for a Restaurant Week in
ober 200 be redirected` support a 5th Annual Restaurant Week in January
LO1 end set staff to di ibute an RFP for the January 2011 Restaurant Week.
mot carried owing roll call vote:
dyes. ounc ember Selich, Council Member Rosansky, Mayor Pro Tern Henn,
yor , Council Member Webb, Council Member Gardner, Council
May ro Te enn reported that the Marina Park Committee met to discuss the park at
15th t d stated that Council is expected to consider the certification of
the Envir ntal Impact Report (EIR) in May. He also reported that during the Economic
Developme t 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 be 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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April 13, 2010
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 Ins to for City Design at Arizona
State from March 10 -12, 2010, in which eight mayors western states came together to
discuss various issues in their cities. Attendance at s meeting will qualify Newport Beach
to receive Federal grant money for our arts progra
XV. PUBLIC HEARINGS
18. RESOLUTION 2010 -26 JOINT EXERCISE O OWERS AGREEMENT
RELATING TO CALIFORNIA ;;; MUNICIPAL ANCE AUTHORITY
REVENUE BONDS BENS ITING` UR LADY QUEE ANGELS SCHOOL
(C- 4510). [381100 -20101 !"
In response to Council Memb`e`r Gardner's question, Acting City Attorney
Mulvihill stated t Council has tlefull discretion to weigh the project on its own
merit and believed roving the b"twill not set a precedence.
V
Council Member G ner r te that ' City is not issuing bonds. Mayor
Selich added that the 'it y is act' a d t issuer pursuant to Federal tax laws
to en community r our to access bond market.
yor C*ry opened public hearing. Hearing no testimony, he closed
publi# hearing.
Rdemb' Webb seconded b Council Member Daigle to
o:1L authorizing the execution of the Joint Exercise of
with the CMFA, and the sale of not to exceed $5,000,000 CMFA
The mo n carrieby the following roll call vote:
IN Ayes: cil Member Selich, Council Member Rosansky, Mayor Pro Tem. Henn,
yor Curry, Council Member Webb, Council Member Gardner, Council
ember Daigle
19. INATION OF NON - EXCLUSIVE COMMERCIAL SOLID WASTE
F ANCHISE 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
the public hearing.
to receive and file annual re
Memorial Park (Attachment
(Attachment No. CC2), and Nor
The motion carried by the
Ayes: Council Member Selich,
Mayor Carr Council
Member Dai
no testimony, he closed
seconded ry Council Member Rosansky
develo. e agreements for Pacific View
Cl), Newport""04,jarbor Lutheran Church
ort Center (Attach,*ent No. CC3).
call vote:
Member Rosansky, Mayor Pro Tem Henn,
Webb, Council Member Gardner, Council
In re nse t ouncil questions, Planning Technician Steffen clarified that
there w be a re ction of one parking space and the parking study stated that
there is ailable parkins.
Gardner believed that the municipal lot should be metered or sold.
Member Rosansky noted that there is a lack of restaurants near Hoag
believed that the restaurant is a valuable asset, and stated that the use of
arty 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.
Motion by Council. Member Rosanskv,_ seconded_by Mayor Pro Tom 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, Co py
il Member Daigle
Noes: Council Member Webb
22. SUNSET RIDGE PARK PROJECT - OLUTION 2010 -29 CERTIFYING
THE FINAL ENVIRONMENTAL I PA REPORT FOR THE SUNSET
RIDGE PARK PROJECT AND XESOL ON 2010 -3o ADOPTING A
STATEMENT OF OVERRIDING CO SIDE IONS AND APPROVING
THE CONCEPTUAL SITE PLAN FOR THE PRO T. [681100 -20101
Deputy Public Works Direc Webb discussed the history e project, displayed a
conceptual site plan, expla kkpdifferent areas of the park and thanked staff for
their work on the project.
Associate Planner • wn provided a`saff report that included information about the
contractor, the E ental Impao�,,"Report (EIR), responses to comments,
concerns and issues, ter public be jeftts, and resolutions.
In response to Counc' uestio PA& Works Director Webb stated that
road acs s from Sups r A us is e, discussed adding a signal at Coast
Higltiday at the propose ess point, and noted that staff will continue to work
cons- tan ts and trans to allow safe access. Acting City Attorney
vihilI confirmed that B ning Ranch and Sunset Ridge Park are two different
prof is agdx noted that the ntire project has been analyzed by counsel and they
concw�:ri ".11,111 uses p vided by staff. Deputy Public Works Director Webb
d ttithe road a has been in existence since the 60's. Assistant City
er 4ii d stated that the EIR for the comprehensive General Plan showed that
the use ions will still need the roadway for regional traffic. Deputy Public
Works irector , • b stated that the road can be widened, but it is not appropriate
to grad through a large coastal bluff. He noted that there is an access point to
the oil lls and explained where the roadway would be located.
Coun ' ember Gardner requested that the CD provided by Bonterra be corrected
gnd n d that, in order for Banning Ranch to be maintained as open space, funding
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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April 13, 2010
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 EI xpressed concern that the road
will destroy the habitat, and believed that the should preserve the open space.
Ginny Lombardi believed that a report th chides the emission levels should be
provided to the residents and asked for . r 'ica on several findings in the EIR.
Tom Robinson expressed support fgf%uilding Sunse idge Park and urged Council
to approve the EIR.
Terry Welsh utilized a Po u erPoint. presentation, expressed tern about the road
extending through Bann h, urged Council not approve the EIR,
and referred to information from e General Plan.
Jim Mansfield beh Yf
given little consider
at`ot
N
Steve Ray believed tha'
EIR for Banning Ranch
Eunse aA% e Park as a
Bentelieved that
A
char y oitate;,
sse u000rtfor c
Dave-1
other s
bottom
a bridg
that the -Rops road and parking alternatives were
Park should be combined with the
t, suggested that the City restore
. that short cuts were taken in the
Ridge Park should be a passive park.
area should be used as a park with simple access and
decision to move forward with the plan.
expressed concern about the parking lot, restroom facilities, and
He suggested that the City utilize the existing parking lot at the
Avenue which has room for expansion and can be connected with
James s expressed support for building Sunset Ridge Park and believed that the
ark w' be utilized by the residents.
Te 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 walking
tunnel added.
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April 13, 2010
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. , i
Rob Hamilton provided a handout, expresseloncern about the plant species,
habitat, and groundwater seep area. He bel' ed that the EIR is not consistent with
CEQA and that his questions were not pro er v esponded to in the report.
Cindy Black stated that there are, Ailer park aying in the City for sports,
expressed concern about the proposed traffic light, a elieved that the road access
is not safe.
Eleanor Egan expressed corn that'the proposed access ro ,. ill impact residents.
:...
Chris Bunyan expressed opposit1o;,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 as the proposed access road.
Kathlyn Cray stated at t environment is unique, expressed concern for the
animals in the area, anal believe esiden: can find funding to keep the area as
open space.
n believed t nature preservation is important and expressed
the road.
a and expressed concern that the road will tie both
Banning Ranch projects together. He provided
g the dirt and expressed concern about the natural
Jeff Br expre�d support for approving the Sunset Ridge Park EIR and stated
that the ark is ne ded. He believed that the access road will have minimal use and
stated t t the signal is important for safety.
Lantz R expressed support for the EIR which will give an opportunity for children
S nie Barger expressed support for building the park, but believed that the City
should focus on other alternatives for parking such as bussing, bicycling, and
walking. 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 Bartram expressed concern that the EIR is not a public information
document, talked about Caltrans' response, submitted a handout, and suggested
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City of Newport Beach
City Council Minutes
April 13, 2010
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 shvirig „the future of Banning Ranch.
Patty Barnes expressed opposition to the EIR, ex sed concern that the road is on
an oil well which was not addressp&"in the EIR, an ted that there is inadequate
seismic information provided rehifive to. the road and p ng.
ai ”,
James Nagle expressed st ort or' building the park, expressed concerns
relative to the road. �::
Debbie Koken exp ssed opposition too the road, stating that it needs its own EIR.
She believed that ,;are other sheY tatives that need to be addressed which will
be less expensive
Gary Garber expresse concern ntiar,Health issues, access problems, noise,
decreased home value, d wil ' e.
M Sch tz expresse pport for building the park and believed that the
oposed a ess road is th est alternative.
Dr. ig expressel opposition to the proposed traffic signal and access
Nic Glaz xpressed opposition to the EIR but supported building the park. He
urged ounc' review access alternatives to the park that would not include a
T
al.
Howard ich stated that the park will improve West Newport Beach and the
residen deserve it. He believed that the proposed access road is
nece Y, including a traffic signal, and thanked Council for the project.
Childs expressed opposition to the proposed access road and believed that the
3red 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 road.
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City Council Minutes
April 13, 2010
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 tq comments.
Council Member Gardner clarified that the ti6ad will not automatically develop
Banning Ranch and emphasized that RIO Idineeded to acquire Banning Ranch.
Steve Ray stated that his organizati was appived to obtain Measure M funds,
but their proposal lacked a letter fro the seller. oted that the Orange County
Transit Authority (OCTA) has e ability to move project to the acquisition
phase after all paperwork is received ' Council Member rdner emphasized that
the acquisition of Bannin
q g nch is riot from lack of will, bu in lack of funding.
In response to Council Member dner's questions, Council Member Webb stated
that Superior Av nue has been ealigned previously. Assistant City Engineer
Sinaeori clarified t he park will cl e, at dusk and there will be a gate to prohibit
entry during the ev urs. He added that staff is working with the regulatory
agencies on replacin plan JohnsA;i , Bonterra, explained what an ESHA
(Environmental Senai 've Habi ea) is;�,' oted that some areas will not be
touched to protect the at en ' e sensitive habitat areas of the park, and
expla ,b ' e relations 'p tween the City and the Natural Communities
Conservat n Plan (NCC d the obligation the City has to restore habitat for the
In r' on ouncil ques ns, Deputy Public Works Director Webb stated that
e tra sign l om a safety standpoint. Further, the traffic signal
est een at m and will not be triggered until someone is on the side
stre He eyed that the comment from Caltrans is a standard response, and
expre d co ce that the traffic signal is the best alternative.
Council ember Msansky stated that safety is the main concern, expressed support
for the oposed traffic signal, and clarified that Council will not be approving the
installa on of the signal until the final design is presented to Council. He noted that
the pr erty was proposed to have 150 condominiums at one time, stated that this
k as always been proposed as an active park, and believed that it is
n propriate 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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City Council Minutes
April 13, 2010
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,_se_conded 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
Ayes: Council Member Selich, Council
Mayor Curry, Council Member
Member Daigle
XVI. PUBLIC COMMENTS
Orange County's 2 -1 -1 Aw
suggested that Steve Lemler
Howard Rich discussed problems he has
agreed to meet with Mr. Ri�Mo help resolve
XVII. CURRENT BUSINESS
23. FY 2009 -10
03
Rosansky, Mayor Pro Tern Henn,
puncil Member Gardner, Council
Due to time 4 traints, Mayor Curry
at a later date. b
a building permit. City Manager Kiff
'or Webb eved that the Mariners MRe Business Area
project sh d not be deferred and could be done for only $75,000.
on, he requ ted that the amount of the Mariners Mile Business Area
reduction b reduced by $75,000 (Budget Amendment No. JOBA-
suggested thd"t the budget be further discussed at a later time and
' for working diligently on budget issues.
MorVentNo. . Yro Tem Henn seconded b Council Member Rosansk to
a) agd Amendment No. 10BA -035 reducing Workers' Compensation
appr $430,160; b) approve Budget Amendment No. IOBA -036 reducing
Geney appropriations by $188,165; and c) approve amended Budget
e. IOBA -037, reducing the CIP budget for deferred projects by
0ding the deferral of the Street - Mariners Mile Business Area
I d allowing the project to be funded, and transferring the Bristol
S et 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 Tent Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
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City of Newport Beach
City Council Minutes
April 13, 2010
24.
25.
VENDOR SELECTION FOR CONTRACT NEGOTIATIONS FOR STREET
SWEEPING SERVICES (C4502).[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
Tem Henn for evaluating staffs financial analysis.
In response to Council questions, General.
staff checked on Athens service levels and rec
that their equipment will be stored at the
relative to parking, maintenance, and clea
Henn commended the General Services
Director Harmon and City Manager or n
effort.
negotiate a five -year cons
year extensions) with Ar.
City -wide street sweeping
The motion carried by the
Ayes: Council Memgjj
Mayor Curry,
Member Daigle
believed
fill
i�hich Director Harmon stated that
negative references, and noted
will require negotiations
of the equipment. Mayor Pro Tem
nent and thanked General Services
g significant contributions to this
initial contract
ises, Inc., dba ,
call vote:
I Member Webb to
five (5) optional one -
L,Services, to provide
Banning Ranch will want something from the City
Bar believed that the Sunset Ridge Park and Bannuig Ranch projects are
affec by t ther, stated that the access agreement should have been in the EIR
for S t Rid ark, and noted that the Master Plan of Arterial Highways shows a
road co g acres he Banning Ranch property.
In respo a to Council Member Gardner's question, Acting City Attorney Mulvihill
stated tj Int there is no need to recirculate the report because tonight's action is not a
itiga measure. Steve Ray requested that Council delay their decision to a
eeting 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 Tem Henn added that the City has yet to acquire Coast
Highway.
Brian Burnett believed that the traffic signal is not needed fora small number of
cars.
Jeffrey Childs believed that the City is assisting Banning Ranch by building the
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City Council Minutes
April 13, 2010
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 stalfiok at other alternatives.
Debbie Koken requested that Council use sheir influence to persuade Banning
Ranch to provide the letter to OCTA.
Mayor Curry announced that the,ptaff report wa .,posted online, but the access
agreement was notposted. Acting City Attorney"Nacti clarified that, with
confirmation from the City Clerk, the 0taff report annt were available to
the public in the City Clerk's office; ?hnd at the mether, not having it
posted online does not preclude Council's ability to tan the item. Council
Member Gardner suggested tlut the item be cecause the access
agreement was not online.
Council Member D rifled that il%e�aagreement does not bind the City to build
the traffic signal.z
to app o authoriz the I or, Cit nager as appropriate, and City Clerk to
exec,` t Access Agre ht between the City of Newport Beach and Newport
Brining ch, LLC reg g Sunset Ridge Park.
by the fdowing roll call vote:
Council Member Rosansky, Mayor Pro Tem Henn,
nber Webb, Council Member Daigle
Gardner
26. ADOP ON OUNCIL POLICY D -6 REGARDING THE CITY'S USE OF
SOCI MEDIA 100 -20101
Council ember Gardner clarified that the ability to block access to social media is
an emp yee policy.
b Council Member Selich seconded by Mayor Pro Tem Henn to
ad Council Policy D -6.
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
27. NEWPORT HARBOR NAUTICAL MUSEUM - ENCROACHMENT
AGREEMENT TO RELOCATE AMUSEMENT EQUIPMENT WITHIN THE
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City Council Minutes
April 13, 2010
EASEMENT FOR SIDEWALK, PUBLIC UTILITY, AND PEDESTRIAN
PURPOSES. [100 -20101
Approve motion_ by _Coun(il 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, Co , ci1 Member Gardner, Council
Member Daigle
A"`
XVIII. MOTION FOR RECONSIDERATION -None
)UM ADJOURNMENT -Adjourned at 11:31 p.m mem lof Suzanne Dykema
The agenda for the Regular Meeting was posted on Mii* 17, 2010, at 3:00 p.m on
the City Hall Bulletin Board loved outside of the `iy of Newport Beach
Administration Building. The g pplemen -al agenda for they" egular Meeting was
posted on March 19, 2010, at p m" on the City Hall Bu in Board located
outside of the City of Newport Bea - dministration Building.
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