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City Council Minutes
City Council Regular Meeting
February 14, 2012 -- 7:00 p.m.
I. STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION - 2:00 p.m and 5:30 p.m.
Council Member Daigle arrived at 6:00 p.m.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government
Code § 54956.9(a)): Two matters:
1. Christian Benard u City of Newport Beach, et al.
Orange County Superior Court Case No. 30- 2011 - 00456256
2. Paul Matheis u City of Newport Beach, et al.
Orange County Superior Court Case No. 30- 2011- 00477924
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION
OF LITIGATION (Government Code § 54956.9(c)): One matter
C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6):
Agency Designated Representatives: Dave I{iff, City Manager; Dana Smith, Assistant City
Manager; Terri Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel and
Negotiator
Employee Organizations: All Labor Associations: Association of Newport Beach "Ocean
Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire
Management Association (NBFMA); Newport Beach Firefighters' Association (I\TBFA); Police
Management Association (PMA); Police Employees' Association (PEA); City Employees
Association (NBCEA); 'Newport Beach Professional & Technical Employees Association
(NBPTEA); Newport Beach Employees League (NBEL); and Newport Beach Part -Time Unit
(UPEC, Local 777)
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957):
Title; City Clerk
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT
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City Attorney Harp announced that there were no reportable actions taken.
VII. PLEDGE OF ALLEGIANCE - Council Member Hill
VIII. INVOCATION - Mayor Pro Tern Curry
IX. PRESENTATIONS - None
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL ME
DISCUSSION ITEM)
Council Member Daigle requested that OCTA be present upon consideration of the 19th Street Bridge
at the February 28, 2012 Council meeting. In addition, she requested that staff present a report that
identifies the pros and cons of the project and directed staff to notify the City Managers from the Cities
of Costa Mesa and Huntington Beach when the item is heard.
Council Member Henn announced that the Tidelands Committee will meet on February 15, 2012 at
4:00 p.m. at the Oasis Senior Center, the Neighborhood Revitalization Committee meeting will be on
February 16, 2012 at 4:00 p.m. in the Council Chambers, and a meeting of the Balboa Village Citizens
Advisory Panel will be at 4:00 p.m. on February 21, 2012 at the Nautical Museum. He encouraged
members of the public to attend and provide their input. Regarding the Lower Newport Bay dredging
project, he announced that it will be expanded which will take off the "high spots ", improve
navigability, and clean up more sediment. He reported that the Federal Government has allocated an
additional $2 million for the project and requested that staff come back at the next Council meeting to
consider expanding the City's contribution to this project since the entire project will be fully funded by
governmental agencies and addressed other dredging opportunities available for private donations.
Council Member Hill requested a staff update on the implementation of improvements on Irvine
Avenue near the high school. .
Mayor Pro Tem Curry expressed a Happy Valentine's Day to everyone, indicated that there are
ordinances developed by other cities regulating access to public parks by sex offenders, and directed
staff to report whether such an ordinance would be valuable to Newport Beach at the next Study
Session meeting.
Mayor Gardner.presented the LEED certification for the Oasis Senior Center building, announced that
special event grant applications are due February 15, 2012 by 5:00 p.m., and reported that the City will
pay for the extra police coverage for the President's visit.
XII. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all
ordinances and resolutions trader consideration, and direct the City Clerk to read by
title only.
B. RESOLUTIONS FOR ADOPTION
3. APPROVAL OF THE FISCAL YEAR 2011 URBAN AREA SECURITY
INITIATIVE GRANT PROGRAM TRANSFER AGREEMENT AND TRAINING
FUNDS. [100 -2012] a) Adopt Resolution No. 2012 -14 approving the Transfer
Agreement and authorizing the City Manager and the Emergency Services Coordinator
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to act as the "Authorized Agents" to execute for, and on behalf of, the City any actions
necessary to implement the Transfer Agreement and obtain federal financial assistance
provided by the Federal Department of Homeland Security and sub - granted though the
California Emergency Management Agency; b) accept the 2011 UASI Grant Fund
Training Allocation in the amount of $70,014 to be utilized for reimbursement of
training of costs associated with approved Department of Homeland Security (DHS)
courses for emergency response personnel. The City of Santa Ana UASI has divided up
the training allocation between the Fire and Police Departments. The amount of
$31,519 has been designated for City of Newport Beach's (City) Fire Department
personnel and $38,495 for the City's Police Department personnel; and c) approve
Budget Amendment No. 12BA -026 increasing revenue estimates by $31,519 in 2355 -
486D and by $34,495 in 1820 -486D, and increasing expenditure appropriations by
$31,519 in 7014- C8002028 and by $38,495 in 7014- C8002029.
4. ADOPT RESOLUTION TO PROHIBIT SKATEBOARDING ON GRAND CANAL
WALKWAYS. [100 -2012] a) Rescind Resolution No. 2002 -13; and b) adopt Resolution
No. 2012 -15 prohibiting skateboarding on certain streets, sidewalks, parks, and public
areas.
C. ORDINANCES FOR ADOPTION
6. NEWPORT BEACH COUNTRY CLUB (PA2008 -152) - NEWPORT BEACH
COUNTRY CLUB, INC. - 1600 EAST COAST HIGHWAY C -5045. [381100 -2012] a)
Conduct second reading and adopt Ordinance No. 2012 -4 approving Planned
Community Development Plan No. PC2008 -001, to increase the size of the golf
clubhouse from 35,000 to 56,000 gross square feet and b) conduct second reading and
adopt Ordinance No. 2012 -5 approving Development Agreement No. DA2010 -005.
[also refer to Motion for Reconsideration]
Mayor Gardner uoted No on this item.
D. CONTRACTS AND AGREEMENTS
7. RECYCLED WATER INTERTIE AGREEMENT BETWEEN THE IRVINE
RANCH WATER DISTRICT (IRWD), THE ORANGE COUNTY WATER
DISTRICT (OCWD), THE ORANGE COUNTY SANITATION DISTRICT (OCSD),
AND THE CITY OF NEWPORT BEACH (C- 5065). [381100 -2012] Authorize the
City Manager to enter into an agreement between IRWD, OCWD, OCSD and the City.
8. BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS - AWARD OF
CONTRACT NO. 4301. [381100 -2012] a) Approve the project drawings and
specifications; b) award Contract No. 4301 to Green Giant Landscape, Inc. for the total
bid price of $305,460.00, and authorize the Mayor and City Clerk to execute the
contract; c) establish a contingency of $30,540.00 (approximately 10 percent) to cover
the cost of unforeseen work; and d) approve Budget Amendment No. 12BA -027
recognizing $316,900.00 in federal grant money from the Transportation Enhancement
(TE) funding to Account No. 250 -4880 and appropriating $316,900.00 to Account No.
7251- C2002008.
E. MISCELLANEOUS
10. PLANNING COMMISSION STUDY SESSION AND REGULAR MEETING
AGENDAS FOR FEBRUARY 9, 2012. [100 -2012] Receive and file.
11. REQUEST TO RETAIN AND CONSTRUCT PRIVATE IMPROVEMENTS IN
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THE PUBLIC RIGHT -OF -WAY AT 211 EVENING CANYON ROAD. [100 -2012]
a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to
allow planter walls to encroach up to 4 feet 7 inches at 211 Evening Canyon Road,
contingent upon all conditions of the Encroachment Permit process being met; and b)
direct staff to amend the existing Encroachment Agreement, O.R. 86- 399874, to reflect
the proposed improvements, and authorize the City Manager to execute the amended
Encroachment Agreement.
12. UNSCHEDULED VACANCIES ON THE AVIATION COMMITTEE. [100 -2012]
a) Declare the following seats vacant: Dan Gilliland - District 1 seat; Henry Arjad -
District 1 alternative; Sue Hogan - District 3 alternate; Bonnie O'Neil - District 4 seat;
and Ron Darling - District 4 alternate; and b) direct the City Clerk to post and publish
a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on
Wednesday, February 29, 2012, and schedule confirmation of nominees to be made on
March 13, 2012.
13. NOMINATIONS TO FILL THE VACANCIES ON THE CITIZENS BICYCLE
SAFETY COMMITTEE. [100 -2012] Confirm the following nominations to fill the
unscheduled vacancies on the Citizens Bicycle Safety Committee: Michael Alti, Sandra
Asper, Lou Cohen, Errett Cord, Barbara Danzi, Greg George, David Huntsman, Robert
Kahn, Denis LaBonge, Sean Matsler, Francis Peters, Anthony Petros, and John
Tzinberg.
Mayor Gardner announced that John Heffernan removed his name from
consideration for appointment.
Motion by Mayor Pro Tem Curry. seconded by Council Member Rosansky to approve the
Consent Calendar except for the items removed (1, 5, 9 and S21); and noting the No vote by Mayor
Gardner on (Item 6) and the removal of John Heffernan as a nominee to the Citizens Bicycle Safety
Committee (Item 13).
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council
Member Selich, Council Member Henn, Council Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
1. MINUTES FOR THE SPECIAL MEETING OF JANUARY 23, 2012 AND STUDY
SESSION AND REGULAR MEETINGS OF JANUARY 24, 2012. [100 -20121
Laura Curran requested that the Special Meeting minutes.from January 23, 2012 be amended
to include that she requested that Council move forward with the implementation and
enforcement of the integral facilities ordinance on all integral facilities, including the facilities
in Corona del Mar.
Motion by Mayor Pro Tem Curry, seconded by Council Member Henn to waive reading
of subject minutes, approve as amended, and order filed.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
5. - NEWPORT BEACH COUNTRY CLUB (PA2005 -140) - GOLF REALTY FUND - 1600
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AND 1602 EAST COAST HIGHWAY C -5068. [381100 -20121
Tim Paone, representing Golf Realty Fund, requested that the item be continued to the
February 28, 2012, City Council meeting.
Council Member Selich requested and received confirmation from City Attorney Harp that the
continuance will not hinder the Newport Beach Country Club from moving forward.
Motion by Council Member Selich, seconded by Mayor Pro Tem Curry to continue the
item to the February 28, 2012 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council.Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
9. AGREEMENT WITH MAXIMUS CONSULTING SERVICES, INC. TO FILE STATE
MANDATE REIMBURSEMENT CLAIMS (C- 4301). [381100 -20121
Jim Mosher expressed opposition to the agreement stating that he did not regard this action as
good stewardship of the public trust, stated that the contract was signed in 1998 with no
indication that it was reviewed by the City Attorney nor filed by the City Clerk, and believed
that the City should pay more attention to contracts to follow Charter policy.
Motion by Mayor Pro Tem Curry, seconded by Council Member Henn to a) authorize
the Mayor and City Clerk to execute a Professional Services Agreement with Maximus in
substantially the same form as attached to the staff report authorizing Maximus to file the
State Mandate reimbursement claims for July 1, 2009 through June 30, 2010, and for July 1,
2010 through June 30, 2011, and to also file a claim for 2012 related to the City's Mandatory
Reimbursement Process claim; and b) waive Council Policy F -14, and authorize the City to
engage Maximus for these services on a Single Source basis without obtaining competitive
proposals.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
521. RESOLUTION NO. 2012 -20: AMENDING THE SPECIAL EVENTS ADVISORY
COMMITTEE'S (SEAL) MEMBERSHIP, TERM, AND DUTIES. [100 -2012]
Jim Mosher believed that Council does not follow procedure for establishing Committees as
listed in the City Charter and instead proceeds by resolution. He asked why the members of
SEAC do not have to be residents of the City and believed that everyone in that Committee
should not be a professional in the event promotion business, but rather general citizens.
City Attorney Harp indicated that Mr. Mosher is confusing the differences between
Commissions and Committees and noted that the reason the Charter does not apply to SEAC is
because it is a Committee.
Motion by Council Member Henn, seconded by Mayor Pro Tem Curry to adopt
Resolution No. 2012 -20 amending SEAC's membership, term, and duties.
The motion carried by the following roll call vote
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Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
XIV. PUBLIC COMMENTS
Jim Mosher commented on bed taxes, the Tourism Business Improvement District (TBID), and
dedication of the bed taxes to Visit Newport Beach (VNB). He stated that the TBID meetings need to
be open and public, referenced problems encountered by an audit of Visit Newport Beach, reported his
attempt to attend the meeting but was told it was not open to the public, and expressed disappointment
by the City's response to the matter.
City Attorney Harp believed that Mr. Mosher may be confused on the matter, stating that the Brown
Act does not apply when VNB is meeting for purposes not related to the TBID process. City Attorney
Harp indicated that the notice previously posted at City Hall for the VNTB meeting that was not related
to the TBID was a mistake which has been corrected.
Max Liskin expressed appreciation to Council regarding the bay dredging project, offered to participate
in funding, and encouraged others to do so as well. He addressed recent reports alleging conflicts of
interest with Council people, stated that Members of the Council are in very precarious positions,
expressed support for all the efforts Council has put into the process, and acknowledged the
contributions made by each of them.
Denise Oberman commented on Council's plan to make an adjournment at the end of the meeting in
memory of Dolores Otting stating that Dolores exhibited an unwavering and passionate commitment to
civic affairs and attempted to always promote transparency and accountability. She expressed
appreciation to Council's recognition and encouraged members of the community to participate and
have a voice.
Mayor Gardner requested that Item 19 (Santa Barbara Condominiums) be taken out of
order.
Motion by Council Member Selich, seconded by Mayor Pro Tem Curry to consider Item 19
(Santa Barbara Condominiums) out of order.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council
Member Selich, Council Member Henn, Council Member Daigle
XVIII. CURRENT BUSINESS
19. SANTA BARBARA CONDOMINIUMS: AFFORDABLE HOUSING IMPLEMENTATION
PLAN AND MEMORANDUM OF AGREEMENT (C -5066) - 900 NEWPORT CENTER
DRIVE (PA2012 -012). [381100 -2012]
Motion by Council Member Selich,_ seconded by Mayor Pro Tem Curry to continue the
item to the February 28, 2012 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that one of Council's priorities is to minimize the adverse impacts of
John Wayne Airport (JWA) through implementation of the City's airport policy. She reported that the
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City's Aviation Committee meets the fourth Monday of every month at 8:00 a.m. in the Friends Room at
the Library and encouraged the public to attend. She noted that at the last meeting the Committee
was briefed on the departure path. She also reported that as part of the ongoing operations update, the
City, County, and JWA will be meeting with the FAA on February 22, 2012, added that the JWA
reported its latest operations statistics which disclosed that 8.6 million passengers were served by JWA
in 2011, and reported that the City has begun to move forward with discussions to extend the JWA
Settlement Agreement which expires December 21, 2015.
Mayor Pro Tem Curry reported that the Finance Committee met February 13, 2012 to see a preview of
the quarterly report which will be in a subsequent agenda.
XVI. PUBLIC HEARINGS
14. DR. MORGAN PROPERTY AMENDMENTS (PA2011 -138) - 1419 SUPERIOR -
GENERAL PLAN AMENDMENT NO. GP2011 -007 AND ZONING CODE AMENDMENT
NO. CA2011 -010 TO CHANGE THE LAND USE DESIGNATION OF MULTIPLE
RESIDENTIAL (RM 18 DU /AC) TO MEDICAL COMMERCIAL OFFICE (CO -M 0.49
FAR); AND CHANGE THE ZONINTG DISTRICT DESIGNATION FROM MULTIPLE
RESIDENTIAL (RM 2420) TO OFFICE MEDICAL (OM 0.49). [100 -2012]
Assistant Planner Kay Sims presented details of the report addressing the location, zoning,
existing conditions, and use. She addressed a summary of changes to date, provided
recommendation by the Planning Commission, and addressed the location of parking. She
reported that Dr. Morgan has provided a signed covenant and agreement to hold the three
properties as a single parcel that will be recorded with the County of Orange prior to the second
reading of the ordinance and stated that Dennis O'Neil, representing Dr. Morgan, is in the
audience to answer any questions from Council.
Council Member Rosansky reported that he recommended Dr. Morgan submit a request for the
amendment and expressed support for the item.
Motion by Council Member Rosanskv, seconded by Council Member Hill to a) adopt
Resolution No. 2012 -16 approving General Plan Amendment No. GP2011 -007; and b) introduce
Ordinance No. 2012 -7 approving Code Amendment No. CA2011 -010, and pass to a second
reading for adoption on February 28, 2012.
Mayor Gardner opened the public hearing
Jim Mosher noted this is one of three similar hearings dealing with non - conformance problems
and stated that the current process is wasteful, expensive, and would be better served by the
City's abatement process.
Dennis O'Neil, representing Dr. Morgan, addressed Council noting his client did consider the
possibility of obtaining an abatement extension, but believed it would be better to request an
amendment.
Hearing no further testimony, Mayor Gardner closed the public hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
15. SCAP III, LLC PROPERTY AMENDMENTS (PA2011 -196) - 514 E. OCEANFRONT (AKA
101 -07 PALM STREET) - GENERAL PLAN AMENDMENT NO. GP2011 -009, LOCAL
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COASTAL PLAN AMENDMENT NO. LC2011 -005, AND CODE AMENDMENT NO.
CA2001 -012 TO CHANGE THE DESIGNATIONS FROM TWO -UNIT RESIDENTIAL
(RT, RT -E AND R -2) TO MIXED- VERTICAL (MU -V) LAND USE DESIGNATIONS.
[100 -2012]
Assistant Planner Murillo provided a PowerPoint presentation addressing the location, existing
conditions, and uses. He added that due to the updates in the General Plan, the property's
existing mixed use is currently deemed non - conforming. Therefore, the applicant is requesting
a General Plan Amendment and Coastal Land Use Plan designation and also requesting a
zoning amendment from R2 to MU -V. He briefly discussed recommendations provided by the
Planning Commission.
Mayor Gardner opened the public hearing.
Terry Jones, applicant; thanked Council for the consideration.
W.R. Dildine indicated that there were four problem properties and that this is the next -to -the
.last property to be cared for. He stated that no notice was provided to the owners indicating
that there had been a zoning change. He referenced an opposition letter from a nearby resident
who complained that the building has been there long before the Rendezvous building was
built, and asked Council to consider the fees paid.
Hearing no further testimony, Mayor Gardner closed the public hearing.
Motion by Mayor Pro Tom Curry, seconded by Council Member Rosanskv to a) adopt
Resolution N(j. 2012 -17 approving General Plan Amendment No. GP2011 -009 and Local
Coastal Plan Amendment No. LC2011 -005; and b) introduce Ordinance No. 2012 -8 approving
Code Amendment No. CA2011 -012, and pass to second reading for adoption on February 28,
2012.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
16. PRESTA PROPERTY AMENDMENTS (PA2011 -179) 2888 & 2890 BAYSHORE-DRIVE -
GENERAL PLAN AMENDMENT NO. GP2011 -008, LOCAL COASTAL PLAN
AMENDMENT NO. LC2011 -004, AND CODE AMENDMENT NO. CA2011 -011 TO
CHANGE THE LAND USE DESIGNATIONS FOR THE TWO SUBJECT PROPERTIES.
[100 -2012]
Community Development Director Brandt reported that staff has almost completed all of the
review of non - conforming properties with one final public hearing to come before Council and
noted that the General Plan Amendment does not exceed any thresholds.
Assistant Planner Nova presented a PowerPoint that addressed the location, surrounding
properties, existing conditions, uses, and the applicant's request for a General Plan
Amendment to accommodate commercial uses. She discussed dwelling units allowed under the
mixed use designations, density changes, and noticing.
In response to Council questions, Assistant Planner Nova stated that the amendment does
allow for additional commercial floor area, discussed other possible options. Community
Development Director Brandt indicated that the General Plan Amendment provides more
flexibility for future revitalization of the project, indicated that an extension to the abatement
period encourages minimal investment into the property, and added that the General Plan
Amendment gives the ability for the property owner to re- invest in the property and possibly
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demolish or restore the buildings given that it would now be a conforming use.
Motion by Council Member Hill, seconded by Council Member Rosansky to a) adopt
Resolution No. 2012 -18 approving General Plan Amendment No. UP2011 -008 and Coastal
Land Use Plan Amendment No. LC2011 -004; and b) introduce Ordinance No. 2012 -9 approving
Code Amendment No. CA2011 -011, and pass to a second reading on February 28, 2012.
In response to Council Member Selich's questions, Community Development Director Brandt
stated that the update of the General Plan is required every ten (10) years.
Mayor Gardner opened the public hearing.
Mike Hewitt, representing the property owners, thanked Council for considering the matter
and offered to respond to questions.
Dan Purcell indicated that he attended the Planning Commission meeting when this item was
considered and expressed concerns with differences in the presentation.
In response to Mayor Gardner's question, Assistant Planner Nova stated that there is no new
development proposed but the land use change could accommodate future development.
Hearing no further testimony, Mayor Gardner closed the public hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
XVII. CONTINUED BUSINESS
17. CONSIDERATION TO FURTHER PURSUE STREET RELINQUISHMENT OF
PORTIONS OF NEWPORT BOULEVARD AND /OR WEST COAST HIGHWAY FROM
THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION. [100 -2012)
Council Members Hill and Rosansky recused themselves since they own property
within 500 -feet of West Coast Highway.
Deputy Public Works Director Webb presented details of the proposed project addressing the
location of properties, current owners, and a brief history.
Council Member Henn clarified that the money is offered to the City by the State to bring the
street to safe and drivable conditions.
Deputy Public Works Director Webb addressed the benefits to having ownership, reported on
maintenance costs, discussed the Newport Channel Bridge, addressed downsides to taking
ownership, presented staff recommendations as listed in the agenda report, and addressed the
benefits of working with Caltrans.
In response to Council Member Daigle's question, Deputy Public Works Director Webb clarified
that Caltrans currently maintain the signals and roadway.
Council Member Selich believed that all of the plans will not be approved by Caltrans and
stated that not all options have been considered. He suggested breaking it down into two
segments, emphasized the importance of working with legislators to help get through to
Caltrans, and stated that different strategies should be generated.
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Mayor Pro Tem Curry agreed with staff that this is not a good deal for the City, stated that the
project should not be pursued instead the City should explore any legislative opportunities
available to increase the price being offered to relinquish the properties, and noted that there is
still an opportunity for improving landscape, safety, and signalization.
Mayor Gardner agreed with the previous comments and noted that she has not received any
comments from the public supporting the project.
Council Member Henn reported receiving a few emails but wondered if the portion of Coast
Highway west of the Arches Bridge has different profile and maintenance requirements than
east of the Arches Bridge. He suggested that staff continue to work on the project to see if there
is a strategy for the west segment of the bridge where there is a gateway benefit in that
section.
Jim Mosher thanked the Council for clarification of the Channel Bridge and inquired as to
where the relinquishment ends.
Deputy Public Works Director Webb explained the relinquishment goes up to the deck of the
bridge and does not include the bridge over the channel.
In response to Council Member Daigle's question, Deputy Public Works Director Webb stated
that staff will probably need to go beyond the Department of Transportation as they are limited
as to what they can offer.
Council Member Selich reported that the City has approached legislators in the past to help
negotiate with Caltrans.
Council Member Daigle noted that legislative advocates would have different views than an
agency and would seek legislation that would better represent the people.
Deputy Public Works Director Webb affirmed the benefits of working with legislators, noted
Caltrans would not want to break the project into little pieces, and stated there are other
options available for consideration.
Motion by Mayor Pro Tem Curry, seconded by Council Member Selich to a) continue to
pursue and negotiate taking over the ownership and operation of Newport Boulevard from
Finley Avenue to the Newport Channel Bridge Deck through the relinquishment process; b)
postpone relinquishment efforts on West Coast Highway from the Santa Ana River to Jamboree
Road; and c) direct staff to come back to Council with additional strategies related to the
division of liability for the various future improvements to Council.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn,
Council Member Daigle
18. FIRST READING - CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER
11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RULES AND
REGULATIONS FOR PARKS, PARK FACILITIES AND BEACHES AND REPEALING
SECTION 11.08.080 PERTAINING TO SMOKING ON CITY BEACHES, MUNICIPAL
PIERS; PUBLIC FLOATS AND PUBLIC WHARVES. [100 -2012]
Recreation and Senior Services Director Detweiler presented details of the item by addressing
recommended changes. She noted that they are requesting these changes for the public's
enjoyment, safety, maximization of facility use, high standards, and greater clarity in the
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Municipal Code. She addressed previous consideration by the Parks, Beach and Recreation
Commission and the Council in 2011, pointed out that procedures are not being changed but
rather staff is simply adding language for clarification, presented a summary of changes, and
addressed noticing and comments received from the public.
City Manager Kiff utilized a PowerPoint that included recommended changes.for Chapter 11.04
with a proposed pilot project. He noted that there are two specific problematic areas where two
different meetings are held and people gather to smoke. He addressed challenges with
enforcement and made suggestions for possible resolutions by working with the meeting leaders
for permits allowing smoking at a designated area of the beach for a designated period of time
and suggested this could be'a pilot program for a limited time and reconsidered at a later
date.
Council Member Rosansky indicated that he was not in favor of allowing a "carve out" for
certain groups.
In response to Council Member Daigle's question, Recreation and Senior Services Director
Detweiler noted that the process is not being changed, discussed avoiding commercialization of
public facilities, and reported that there is a standardized process when negotiating with
contract instructors. She added that there are many issues taken into consideration including
keeping costs down but also making it beneficial for instructors to be there as well.
George Schroeder commented on prohibitions relative to basketball play and believed that
language should be more specific for clarification regarding closure hours.
Joel Stone commented on issues at the 38th Street Park regarding basketball play and agreed
that closure time should be better defined (i.e., 7:00 p.m.).
Jim Mosher questioned staffs conclusion that the passage of this ordinance will have no effect
on the environment noting that the purpose for banning smoking is primarily to cause an
improvement in the environment. He pointed out that there is a separate chapter in the
Municipal Code that regulates beaches, questioned staffs definition of parks, and expressed
concerns regarding the need for clarification relative to abandoned bicycles.
Laura Curran presented a brief background on the beach smoking ban and the negative effects
of second -hand smoke, commented on the buffer area, expressed concerns regarding specific
buffers at Corona del Mar and Crystal Cove, pointed out that a proposedcdedicated space for
smoking for specific groups would detract from public safety, stated that it will reduce
recreation opportunities, addressed the definition of a group for the case of a permit, noted that
people in recovery groups can clearly congregate where they are allowed to smoke and where
they are not, and spoke in support of creating a simple rule that everyone could understand
that would keep the parks and beaches enjoyable for everyone.
Denise Oberman thanked Council and staff for looking at an enhanced ordinance, agreed that
the 100 -foot buffer zone creates significant improvement, believed that enforcement could be
successful with proper communication and signage, spoke in opposition to the City Manager
making an exception for specific groups, believed that the people involved in the groups are
uncooperative and will continue to be so, and asked Council to oppose the ordinance and craft
one that is applicable to all and can be enforced.
Lenny Morray, Manager of Cabo Cantina, opposed the new ordinance because he believed it
would not be enforced. -
Motion by Council Member Hill, seconded by Council Member Henn to introduce
Ordinance No. 2012 -6, amending Chapter 11.04 of Title 11 of the Newport Beach Municipal
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February 14, 2012
Code pertaining to rules and regulations for parks, park facilities and beaches, and repealing
Section 11.08.080 pertaining to smoking on City beaches, with the removal of the City
Manager's ability to allow exemptions (Section 11.04.08003)) and amend the time for closure of
any public outdoor basketball court within 300 feet of any residentially zoned parcel to be 7:00
p.m. (Section 11.04.07(D)); and pass to second reading on February 28, 2012.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Mayor Pro Tem Curry, Mayor Gardner, Council Member Henn,
Council Member Daigle
Noes: Council Member Selich
Absent: Council Member Rosansky
XIX. MOTION FOR RECONSIDERATION
6. NEWPORT BEACH COUNTRY CLUB (PA2008 -152) - NEWPORT BEACH COUNTRY
CLUB, INC. - 1600 EAST COAST HIGHWAY. [100 -2012)
City Attorney Harp asked Council to re- consider the PC Text adopted in regards. to Item No. 6
and contemplated that the PC Text for Item No. 5 would be adopted first. Due to -the
continuance of Item No. 5, modifications will need to be made to the PC Text regarding Item
No. 6. He requested the Council rescind their decision on Item No. 6, reconsider it and change
the ordinance to first reading.
Community Development Director Brandt noted that in the ordinance that was up for second
reading, the PC Text needs to be revised to only reflect regulations pertaining to the golf club
portion of the property, not the entire property.
Motion by Council Member Selich, seconded by Council Member Henn to rescind the
vote relative to the second reading and adoption of Ordinance No. 2012 -4 approving Planned
Community Development Plan No. PC2008 -001, to increase the size of the golf clubhouse from
35,000 to 56,000 gross square feet.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
Motion by Council Member Selich, seconded by Council Member Rosansky to
introduce Ordinance No. 2012 -4 approving Planned Community Development Plan No.
PC2008 -001, with the deletion of the references and regulations pertaining to Sections 3.2
(Tennis Club), 3.3 (The Villas), and 3.4 (The Bungalows) in text and exhibits; and pass to
second reading on February 28, 2012.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
Noes: Mayor Gardner
Community Development Director Brandt stated that the PC Text can be narrowed so it only
covers a single property, not both properties.
XVIII. CURRENT BUSINESS (continued)
20. CITY COUNCIL PRIORITIES FOR 2012.
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City Council Minutes
February 14, 2012
City Manager Kiff addressed previous direction by Council on this item and presented a list of
City Council priorities for 2012.
In response to Council Member Henn's question, Public Works Director Badum reported that
the needs assessment for the Corporate Yard should be completed later this month and
addressed the possibility of phasing the site. City Manager Kiff reported that he will send
Council a final draft of the priority list and place it on the City's website.
XDL MOTION FOR RECONSIDERATION (continued)
Council Member Selich moved for reconsideration of Item 12 from the January 24, 2012 meeting stating
that there was a misunderstanding of the terms of the agreement.
Motion by Council Member Selich, seconded by Mayor Pro Tern Curry to a) reconsider Item 12
from the January 24, 2012 City Council Meeting relative to the Corona del Mar Coastline Car Classic
waiver of parking fees at the Big Corona State Beach parking lot; and b) direct staff to bring back a
report to Council at the February 28, 2012 City Council meeting.
Amended motion by Council Member Selich, seconded by Mayor Pro Tern, Curry to a)
reconsider Item 12 from the January 24, 2012 City Council Meeting relative to the Corona del Mar
Coastline Car Classic waiver of parking fees at the Big Corona State Beach parking lot; b) extend the
deadline to apply for the Special Events Support Application if it is determined that the contract is not
for three years; and c) direct staff to bring back a report to Council at the February 28, 2012 City
Council meeting.
The amended motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council
Member Selich, Council Member Henn, Council Member Daigle
XX. ADJOURNMENT - Adjourned at 9:33 p.m. in memory of Dolores Otting and Todd Schooler
The agenda for the Regular Meeting was posted on February 9, 2012, at 4:20 p.m on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
City Clerk
RaIMIJ140
Recording Secretary. .
4 1z
Mayor
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