HomeMy WebLinkAbout09/11/2012 - Regular MeetingCity Council Minutes
Regular Meeting
September 11, 2012 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:00 p.m.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION INITIATION OF
LITIGATION (Government Code § 54956.9(c)): 1 matter
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT
EXPOSURE TO LITIGATION (Government Code § 54956.9(b)): 1 matter
There is a significant exposure to litigation with Kenneth Kaplan based on his allegations of
inverse condemnation related to the real property located at 1499 Monrovia Ave., Newport
Beach, California (Section 54956.9(b)(3)(B)).
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 2
matters
1. Property: 1499 Monrovia Ave., Newport Beach, CA
Agency negotiator: Dave Kiff
Negotiating parties: Kenneth Kaplan
Under negotiation: Instruction to negotiator will concern price and terms of payment
2. Property: Bayside Marina, 1137 Bayside Drive, Corona del Mar, CA 92625
Agency negotiator: Dave Kiff
Negotiating parties: The Irvine Company
Under negotiation: Instruction to negotiator will concern price and terms of payment
D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6)
Heading Agency Designated Representatives: Dave Kiff, City Manager and Terri
Cassidy, Human Resources Director; Negotiators
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach
Employees League (LABEL); Newport Beach Firefighters Association (NBFA); Newport Beach
Fire Management Association (AiBFMA); Lifeguard Management Association (NBLMA);
Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association
(NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach
Professional and Technical Association (NBPTEA)
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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 - City Attorney Harp announced that there were no reportable
actions.
VII. PLEDGE OF ALLEGIANCE - Council Member Selich
VIII. INVOCATION - Reverend Robert Ross, Newport Universalist Society
LY. PRESENTATIONS
World Alzheimer's Month
Mayor Gardner read the proclamation and presented it to Andrew Eng and John Conway of the
Alzheimer Association. Mr. Eng thanked Council and expressed appreciation for their
acknowledgement. Mr. Conway commended Council for the acknowledgement and
provided information about educating people.
Presentation of Plaques to Outgoing Board and Commission Members
Mayor Gardner presented a plaque to Amy Creager, on behalf of Brion Jeannette for serving on
Building and Fire Board of Appeals. She also read the names of other former Board and
Commission Members who received plaques for providing their time and commitment to the City.
Proclamation to Lifeguard Tumua Anae for Earning a Gold Medal at the London Olympics
Mayor Gardner read the proclamation and presented it to Tumua Anae. Tumau Anae thanked
Council for inviting her.
X. NOTICE TO THE PUBLIC
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 the upcoming 36th Annual Corona del Mar PTA Home Tour
fundraiser will be held on October 23, 2012 at 10:00 a.m., noting the PTA's appreciation of the City in its
work to improve traffic and Police presence at the school. She addressed the growing presence of paddle
boarders in the Bay as well as safety issues with other vehicles in the Bay and requested that the Harbor
Commission explore the possibility of implementing paddle boarder lanes.
Council Member Henn announced that the Neighborhood Revitalization Committee will consider the
formation of a Citizens Advisory Committee that will look after the implementation of various matters
approved by Council for Balboa Village and will review a resident survey regarding implementation of a
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residential parking permit system. He stated that the Tidelands Management Committee will meet on
Wednesday, September 19, 2012, at the Oasis Senior Center.
Mayor Gardner reported that Jim Mosher previously brought up the idea of changing the name of Avocado
Avenue north of Coast Highway to City Hall Drive in which staff is directed to provide a report after
consideration of the item by the City Hall Building Committee. She announced the following upcoming
events: Tunnel to Towers 5k Run on Sunday, September 16, 2012, at 7:00 a.m. at the Newport Dunes
Waterfront Resort, a Disaster Preparedness Expo on September 19, 2012, from 10:00 a.m. to 2:00 p.m. at
the Newport Beach Central Library, the Taste of Newport from September 14 through September 16,
2012, the Susan G. Komen Race for the Cure on September 23, 2012, at Newport Center, and a free tax
seminar for restaurant owners on September 19, 2012, at the Newport Coast Community Center.
XII. CONSENT CALENDAR
A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE AUGUST 14, 2012 REGULAR MEETING. [100-2012] Waive
reading of subject minutes, approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all
ordinances and resolutions under consideration, and direct the City Clerk to read by title
only.
B. RESOLUTIONS FOR ADOPTION
DELEGATION OF AUTHORITY TO REQUEST DISBURSEMENTS. [100-2012] Adopt
Resolution No. 2012-77, authorizing the ability to request employer disbursements from the
California Employer's Retire Benefit Trust (CERBT).
4. LABOR AGREEMENT (C-2932): NEWPORT BEACH POLICE MANAGEMENT AND
SIDE LETTER AUTHORIZATION - WORK SCHEDULES. [38/100-2012] a) Authorize
Mayor Gardner to execute a Memorandum of Understanding (1\101i� with the Newport Beach
Police Management Association (NBPMA); b) adopt Resolution No. 2012-78 relating to PERS
and ending reporting .of Employer -Paid Member Contributions (EPMC) over time for the
NBPMA; and c) designate the City Manager as the authorized representative to execute
subsequent written agreements regarding Work Schedule for NBPMA.
C. CONTRACTS AND AGREEMENTS
5. BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS - NOTICE OF
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4301. [381100-2012] a) Accept
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 65 days after the Notice of
Completion has been recorded in accordance with the applicable portions of the Civil Code;
and c) release the Faith Performance Bond one year after Council acceptance.
6. VARIOUS STORM DRAIN IMPROVEMENTS - NOTICE OF COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 4966. [381100-2012] a) Accept 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 65 days after the Notice of Completion has been
recorded in accordance with the applicable portions of the Civil Code; and c) release the Faith
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Performance Bond one year after Council acceptance.
FASHION ISLAND AREA STREETS OVERLAY AND SLURRY - NOTICE OF
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4813.[38/100-2012] a) Accept
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 65 days after the Notice of
Completion has been recorded in accordance with the applicable portions of the Civil Code;
and c) release the Faith Performance Bond one year after Council acceptance.
8. OCEAN BOULEVARD AND CHINA COVE RAMP SLOPE MAINTENANCE - AWARD
OF CONTRACT NO. 3912. [38/100-20121 a) Approve the project drawings and
specifications; b) award Contract No. 3912 to D.J. Scheffler, Inc., for the total bid price of
5391,125.00, and authorize the Mayor and City Clerk to execute the Contract; c) establish a
contingency of $58,000 (15%) to cover the cost of unforeseen work not included in the original
contract; and d) approve Budget Amendment No. 13BA-010 transferring $175,000.00 from the
Sidewalk, Curb and Gutter Program CIP Account No.
7013-C2001009 to the China Cove Slope Repair Account No. 7014-C8002008.
10. APPROVAL OF AMENDMENT NO. 1 TO THE ON-CALL PROFESSIONAL
SERVICES AGREEMENT WITH SOCAL WALDEN, INC. (C-5051). [38/100-2012]
Approve Amendment No. 1 to the January 26, 2012 On -Call Professional Services Agreement
with SoCal Walden, Inc., dba Walden R Associates to increase the contract limit to $300,000
for continuing on-call engineering and surveying services, and authorize the Mayor and City
Clerk to execute the Professional Services Agreement.
D. MISCELLANEOUS
12. PLANNING COMMISSION AGENDA REPORT FOR AUGUST 23, 2012; AND
PLANNING COMMISSION STUDY SESSION AND REGULAR MEETING AGENDAS
FOR SEPTEMBER 6, 2012. [100-2012] Receive and file.
13. REQUEST TO RETAIN EXISTING NON-STANDARD PRIVATE IMPROVEMENTS
WITHIN THE PUBLIC RIGHT-OF-WAY AT 221 SANTA ANA AVENUE. [100-20121
Waive Council Policy L-6, Private Encroachments in the Public Rights -of -Way, to allow an
existing raised planter to encroach up to 7 feet at 221 Santa Ana Avenue, contingent upon all
conditions of the Encroachment Permit process being. met.
15. FISCAL YEAR 2011-12 CONTRACT REPORTING. [100-2012] Receive and file report
and provide input as desired.
16. ORANGE COUNTY REAL ESTATE FRAUD PROSECUTION TRUST FUND AWARD.
[100-20121 a) Authorize the City Council to accept a $25,000 award granted to the Police
Department by the Orange County Real Estate Fraud Prosecution Trust Fund per Council
Policies F-3 and F-25. Therefore, to comply with Council Policy F-3, City Council must
formally accept the award of $25,000 and create a new appropriation to expend the money; b)
approve Budget Amendment No. 13BA-008 increasing revenue appropriations by $25,000 in
1820-489E; and c) per the award letter, carry-over unspent funds for Fiscal Year 2011-2012.
19. CHANGES TO THE MANAGEMENT TEAM. [100-20121 a) Amend position control by: 1)
adding the position of Deputy City Manager, at a salary range of $151,417 to $184,425
annually; 2) adding the position of. Information Technology Manager at a salary range of
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$120,016 to $145,891 annually; and 3) deleting the position of Chief Information Officer from
the Information Technology Internal Services Fund; and b) receive and file the City
Manager's department head appointments to the Management Team.
20. SALARY AND BENEFITS FOR SELECTED PART-TIME CLASSIFICATIONS. [100-
2012] a) Approve a Cafeteria benefit increase for existing part-time United Public Employees
of California (UPEC) members from $3.25 to 3.75 per hour worked to a maximum of 64 hours
per pay period; b) approve Budget Amendment No. 13BA-009 allocating $45,000 from
unappropriated fund balance to provide for the increased costs associated with the cafeteria
benefit; and c) approve the proposed salary ranges for three Police Department part-time
classifications of Crime Prevention Specialist, Police Community Service Officer, and Police
Dispatcher (changes would become effective the first pay period after City Council approval -
pay period ending September 21, 2012).
21. VOICE OVER INTERNET PROTOCOL (VOIP) PHONE REPLACEMENT
PURCHASE. [100-20121 Approve Budget Amendment 13BA-11 appropriating $284,283.90
from the IT Strategic Fund Balance to the Phone System Account, 6420-9325, for the
purchase of the City's VOIP system equipment.
Motion by Mayor Pro Tem Curry, seconded by Council Member Rosansky to approve the Consent
Calendar, except for the items removed (9, 11, 14, 17 and 18).
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
9. NEWPORT COAST MONUMENT SIGNS CONCEPT SELECTION - CONTRACT NO. 5234.
[381100-20121
In response to Mayor Gardner's question, City Manager Kiff explained that items are sometimes
placed on the Consent Calendar so that they can be heard earlier in the meeting to accommodate
residents.
Public Works Director Webb provided handouts of various signs in the City and a previous
PowerPoint presentation. He presented the background of the project including consideration of
Capital Improvement Projects, and plans for installing two different monument signs in the City for
which he provided three sign options.
Mayor Gardner indicated that she would like to see consistency in the signs used.
Mayor Pro Tem Curry reported that the signs presented do not include existing signs outside City
Hall.
Council Member Selich agreed with the need to be consistent, reported that the signs outside City
Hall were installed prior to the City's Sign Program, pointed out the costs of the City gateway signs
and the money spent in developing a consistent sign program for the City, and expressed support for
maintaining the existing standards for signs.
Council Member Daigle inquired regarding inclusion of sails on the sign in Santa Ana Heights.
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Dan Wampole provided a handout, reported that the issue of signage in Newport Coast was decided
many years ago, believed that the options provided do not resemble earlier design concepts,
indicated that he supports option 3, noted that all three sign options lack lighting, and believed that
the originally -approved concept should not be changed.
Ron Hendrickson expressed support for the City's sign program, believed that building signs do not
relate to gateway signs, and urged Council to keep within the design concepts and standards.
Gerry Ross noted that the options presented provide a slight variation to the originally -approved
concept but are consistent with the City's program and noted that the Irvine Company had
expressed a desire for signs to be consistent with other signs in the area. Mayor Pro Tem Curry
indicated that although he likes the sail design, it really does not fit in Newport Coast. He indicated
that the signs proposed are consistent with the Irvine Company architecture throughout the coast;
have been reviewed and supported by the community; and are consistent with signs used at the
Resort, the Community Center, and throughout the Newport Coast area.
Motion by Mayor Pro Tem Curry, seconded by Council Member Daigle to select Option #3
(An Alternative Gateway Sign design with "Newport Coast" called out) to be used on Newport Coast
Drive near, but South of the 73 Freeway, and Pacific Coast Highway East of Reef Point Drive, and
direct staff to have Bravo Sign Design, the City's on-call contract Gateway Sign contractor, fabricate
and install the two new Gateway Monument Signs.
The motion failed by the following roll call vote:
Ayes: Council Member Hill, Mayor Pro Tem Curry, Council Member Henn
Noes: Council Member Rosansky, Mayor Gardner, Council Member Selich, Council Member Daigle
Motion by Council Member Henn, seconded by Council Member Selich to select Option #3
with the addition of including the Newport Beach sail (An Alternative Gateway Sign design with
"Newport Coast" called out) to be used on Newport Coast Drive near, but South of the 73 Freeway,
and Pacific Coast Highway East of Reef Point Drive, and direct staff to have Bravo Sign Design, the
City's on-call contract Gateway Sign contractor, fabricate and install the two new Gateway
Monument Signs.
In response to Council Member Henn's questions, Public Works Director Webb noted that the
differences in costs are not significant and addressed costs of replacing signs in case they are
damaged.
Council Member Selicb addressed the importance of consistency, reiterated concerns with money
spent for considering the matter, and believed that Council should not deviate from the program
established.
Substitute motion by Council Member Selich, seconded by Council Member Rosanskv to
select Option #2 (the Traditional City Gateway Sign with "Newport Coast" called out; with the
Newport Coast identity, to be used on Newport Coast Drive near, but South of the 73 Freeway, and
Pacific Coast Highway East of Reef Point Drive, and direct staff to have Bravo Sign Design, the
City's on-call contract Gateway Sign contractor, fabricate and install the two new Gateway
Monument Signs.
Council Member Hill suggested changing the colors, adding the bullnose cap, and making it the
standard sign.
In response to Council questions, Public Works Director Webb clarified what the Option 2 sign will
look like.
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Dan Wampole commended Council on compromising the sign detail.
Motion by Council Member Hill, seconded by Mayor Pro Tem Curry to select Option #2 (The
Traditional City Gateway Sign with "Newport Coast" called out) with a bullnose cap and Newport
Coast colors.
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
11. SPONSORSHIP REQUEST FROM BALBOA THEATER FOUNDATION (C-5228). [381100-
2012)
Council Member Selich expressed concerns that this item did not go through the Special Events
Advisory Committee (SEAL) process and indicated that the sponsorship is a trade-off for parking lot
revenue stating that waiving the parking lot revenue would be a more straight -forward and honest
process.
Mayor Gardner agreed with Council Member Selich's comments and expressed concerns with the
amount of money involved.
In response to Council Member Rosansky's question, Craig Smith, from the Balboa Theater
Foundation, explained that the Foundation hired a group to organize and produce the festival,
stated that the purpose is to raise money for re -building the Balboa Theater, explained the current
plans, reported that the group receives a fixed fee for producing the event as well as an incentive fee
of 15% of the net revenues, noted that the project is part of the economic stabilization for the Balboa
Village, indicated that there are other community sponsors including the Nautical Museum, and
responded to inquiries regarding participation in the special event process stating that a decision
regarding the event was made after the SEAC process. He also indicated that the Foundation will
bear the cost if the event is not successful.
Council Member Henn expressed support for the request, stated that he regards it as a special case,
believed that it is important in the revitalization of Balboa Village, and noted that he has made it
clear that he will not support another request next year.
Mayor Gardner expressed concern that the organization did not go through the SEAC process and
reported that she will not be supporting the motion.
Council Member Rosansky stated that he will support the motion because the project also benefits
others.
Robert Hawkins believed that it must be clear that this is only a sponsorship, not a permit grant. He
asked staff to confirm that the promoters will need to apply for a permit and indicated that the
event will have parking and noise impacts.
City Manager Kiff affirmed that the promoter has applied for a special event permit and that staff is
working with them on the matter.
Motion by Council Member Henn, seconded by Mayor Pro Tem Curry to authorize the
Mayor to execute a sponsorship agreement with the Foundation for $20,000 as a 'Producing
Sponsor".
The motion carried by the following roll call vote
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Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Council Member
Selich, Council Member Henn, Council Member Daigle
Noes: Mayor Gardner
14. 19TH STREET BRIDGE TRAFFIC STUDY UPDATE. [100-20121
Council Member Daigle presented the background of the project, noted that the Orange County
Transit Authority (OCTA) Board decided to remove the bridge from the snap, added that Newport
Beach counted on the bridge being constructed, reported that the City entered into a tolling
agreement, and requested status from staff.
Public Works Director Webb discussed the projects background, reported that the OCTA hired a
consultant to perform a traffic analysis that determined impacts and mitigation; added that a task
force of various cities and organizations was formed to review the results of the traffic analysis;
and provided a status update including development of an MOU to define mitigation measures,
ensure funding commitments, and develop a schedule. He stated that the plan is to go before the
OCTA Board by November.
In response to Council Member Daigle's question, Public Works Director Webb stated that the
parties to the MOU will be the cities of Newport Beach, Costa Mesa, and Huntington Beach with the
OCTA.
Robert Graham stated that there is a lot of support for the extension of the 19th Street bridge, noted
the direct benefits to the area, and indicated that he could get support for the matter in the City of
Costa Mesa.
Robert Hawkins, representing Friends of Dolores and Friends of the Bridge, reported participating
in the 19th Street Bridge hearings on behalf of his clients, stated that there is no tolling agreement
noting that the OCTA moved to suspend their action until November, and reported filing an appeal
in order for the OCTA to reconsider the matter.
17. PREVAILING WAGE EXEMPTION. [100-20121
Jim :Mosher referenced a recent lawsuit on the matter, commented on the provisions of the State
Constitution relative to the ordinance of a charter city superseding the State-wide statutes when the
matter regulated is regarded as a municipal affair, stated that the ordinances of a charter city are
equivalent to the statutes enacted by the legislature, believed that a new law would need to be
enacted, and hoped that when the item returns to Council, it would be in the form of an ordinance.
Motion by Council Member Hill, seconded by Mavor Pro Tem Curry to continue the item to
the September 25, 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
18. SANTA ANA HEIGHTS MULTI -USE TRAIL IMPROVEMENTS. [100-20121
Council Member Hill reported meeting with several residents that had safety issue concerns related
to access to the Back Bay equestrian area and reported working with City staff resulting in a system
of improved safety access to the Back Bay.
City Manager I{iff stated that the report discusses the current undergrounding of utility projects in
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Santa Ana Heights, primarily the power lines on Cypress and along Mesa. He addressed the
location of road and trail improvements, a new trail extension, and sidewalk improvements noting
that a trail that remains in the City's General Plan is not included in the project. He addressed
findings and recommendations.
Council Member Hill reiterated that discussion evolved around the lack of connectivity of Cypress to
Mesa to access the Back Bay and a dedicated sidewalk at Cypress connecting to the south side of
Mesa. He reported that the City recently gained title to the Birch Street extension land,
believed that the recommendation addresses the safety issues, noted a long-term battle between
neighbors in the area, stated that he received many emails in opposition and support, indicated that
the community is unclear as to what it wants, and reported that staff is proceeding with the final
redevelopment project but not doing anything more at this time.
Council Member Selich acknowledged receiving many emails regarding safety issues on Mesa Drive
for pedestrians east of Cypress. In response to his question, Public Works Director Webb reported
that sidewalks are planned on the north side of the street and will be continued to the park with a
continuous sidewalk from Cypress to the end.
Mayor Gardner stressed the importance of safety and encouraged public input.
Gibran Stout addressed zoning; stated that there is a rise in the section of the road west of Cypress
between Cypress and Birch that lacks visibility and is unsafe; and stressed the importance of safe
access not just for equestrian use but for pedestrians, automobiles, and cyclists as well.
Jeff Olsen reported that his wife runs a program called the Back Bay Therapeutic Club providing
riding lessons for children with disabilities, requested extension of the trail, expressed appreciation
for the planned improvements stating that extending the trail will reduce safety issues, and noted
that the specific plan called for a trail years ago.
Ken McCray read a letter from Andrew Crean that opposes abandoning the trail on the south side of
Mesa Drive.
Cameron Callison explained that she owns a horse in the Back Bay and related a recent incident
where her horse was spooked. She addressed safety issues related to the area and encouraged the
extension of Mesa Drive to the east side.
Lorne Alexander commented positively on the open space in Santa Ana Heights, noted that many
people enjoy the area, reported that many people board their horses in the area, indicated that the
facilities are not being operated under commercial licenses, stated that residents are not
complying with City ordinances that regulates the number of horses allowed on a property,
and complained about the amount of horse droppings on the trails.
Valerie Bath read a letter from Peter Wetzel, Chairman of the County Trails Advisory
Committee, that urged Council not to adopt the recommendations as presented in the report but to
support extension of the trail on Mesa Drive, addressed a need for the trail in providing access,
stressed the importance of loops, discussed safety, and indicated that the specific trail segment is a
potential link to regional trails and would increase safety for all users. She also spoke in support of
extending the trail on Mesa Drive noting that she has an eight-year-old daughter who rides the
trails and expressed concerns for her safety.
Justin expressed concerns with the commercialization of the Santa Ana Heights area, provided
examples of advertisements of horse boarding facilities and riding lessons, noted that the facilities
are operating without permits, and presented a photograph of an area where sixteen horses are
being boarded.
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Holly Jarvis reported that the previous speaker misrepresented the number of facilities; noted that
the property on which he focused on is owned by a person who has three properties, owns three
horses, and does not board horses; noted that the community knows what it wants relative to a
specific plan involving Mesa Drive extending to both the west and the east, stated that the
new plans illustrate improvements including a sidewalk which means that she would lose her
encroachment, wondered why other residents have not been required to lose their encroachment,
stated that there are six homes on Mesa Drive whose owners have horses, asked Council to consider
the safety of the community before the desires of a few, and spoke in support of the current
improvements.
Jack Reating, representing the Newport Bay Conservancy, expressed support for the
recommendations, expressed concerns regarding the increase in the number of horses in the area,
noted the importance of enforcing City ordinances, and asked that Council ensure that City
ordinances are being enforced.
Harry Rinker commended Council for addressing this matter, expressed support for the
recommended improvements, believed that extending the trail to the east would decrease property
values in the area, presented photographs illustrating a horse trail and landscaped areas that would
need to be removed for construction of a trail, and encouraged Council to make a decision.
Morgan Steaks read a letter from Emily Crean that expressed support for completion of the trail on
Mesa Drive with appropriate signage and a crosswalk at Mesa Drive and Cypress.
Cindy Blaylock spoke in support of extending the trail on Mesa Drive for increased safety.
James Shelf expressed opposition to extending the trail on Mesa. Drive.
Barbara Venezia noted that there have been no official studies or surveys, believed that Council
neither values nor understands equestrian areas, suggested that Council look at the issue
differently and in a broader aspect, and expressed support for extending the trail east on Mesa
Drive.
Tim Stoaks commended Council Member Hill for his efforts; stated that in order to fix the problem,
it needs to be understood; noted that there are properties towards the east on Mesa Drive whose
owners also have horses; expressed concerns with access and safety issues; and expressed
support for extending the trail noting that there are still many unknowns.
Mike Smith expressed opposition to extending the trails east on Mesa Drive and wondered how
many horses are permitted per lot.
Rosine Shelf expressed opposition to extending the trail east on Mesa Drive, believed that it will not
solve all of the safety issues, indicated that everyone needs to take responsibility for their safety and
surroundings, and stated that the costs of expanding the trail must be considered.
Stan Tkaczyk noted that the property shown in previous photographs is John Crean's property.
Ron Bath expressed support for preserving the quality of life for the equestrian community and
extending the trail east on Mesa Drive.
Carry Robbins reported that horses use streets on Orchid and expressed opposition to extending the
trail on Mesa Drive.
Council Member Hill expressed frustration with the item and reiterated that he believes that the
community does not know, collectively, where it wants to go.
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Motion by Council Member Hill, seconded by Mayor Pro Tem Curry to a) find that the
completion of the current undergrounding project, with the recommended safety trail improvements
that are fundable within the undergrounding project, are appropriate and address the trail needs of
the community; and b) find that no further trail construction will be commenced until the City
Council funds the additional work and directs staff to complete additional construction.
Council Member Daigle affirmed that several speakers who have been members of the PAC have
worked hard for the area for many years and listed various projects and improvements that have
occurred in the area.
City Manager Riff listed recommendations as stated in the report
In response to Council Member Daigle's question, Community Development Director Brandt stated
that the deletion of the trail from the Santa Ana Heights specific plan as well as the General Plan
would require a CEQA analysis and added that the level of review would need to be determined at
that time.
Mayor Gardner indicated that she does not support the recommendations of staff stating that the
more that horses, cars, and pedestrians can be separated, the better it is. She expressed support for
extending the trail east on Mesa Drive.
Council Member Selich expressed concerns regarding funding for the extension of the trail on Mesa
Drive and stated that he would like to see community consensus on the issue.
In response to Council Member Selich's question, City Manager Riff stated that the County of
Orange is working with the State on Redevelopment Agency projects and that the City has an
agreement with the County of Orange for completion of the undergrounding project.
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
Mayor Gardner directed staff to bring back a proposal for easements and encroachments
XIV. PUBLIC COMMENTS
Jim Mosher commented on the City of Seal Beach's actions regarding their City Charter and wondered
why approximately $80,000 is being spent on an election that is not needed.
Ken McCray addressed a trail safety issue related to the bridge on University Avenue noting erosion of the
abutments and believed that it needs to be brought to the City's attention.
John Carr asked that Council consider displaying the national motto, "In God We Trust", on a future
agenda.
A representative from the Chamber of Commerce announced that the Chamber of Commerce will sponsor
their 51st Annual Newport Beach Sandcastle Contest at Big Corona State Beach event on Sunday, October
7, 2012, and encouraged the public to participate.
Ron Hendrickson commented on Charter amendment Measure EE, presented copies of editorials from the
Orange County Register, expressed concern that there will be too much relaxation of Charter laws if
Measure EE is approved because too many amendments are being considered with one yes/no vote, and
directed the public to obtain additional measure information on the City's website.
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City Council Minutes
September 11, 2012
Robert Hawkins, President of Speak Up Newport, announced an upcoming forum on the Charter update on
September 12, 2012 at the Newport Beach Yacht Club.
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Henn reported that the Tidelands Management Committee met on August 15, 2012, at
the OASIS Senior Center in which they reviewed and approved a draft Tidelands Infrastructure Capital
Plan. He stated that it will be presented to Council in the near future.
XVI. PUBLIC HEARING
22. MARINA PARK. COASTAL LAND USE PLAN AMENDMENT (PA2012-079) - 1600 WEST
BALBOA BOULEVARD. [100-20121
Mayor Gardner opened the public hearing.
Jim Mosher noted that he submitted written comments noting typographical errors in the plan
amendment, stated that findings are lacking relative to the need to include emergency or
communication equipment within the tower, and addressed a discrepancy in the requested and
proposed height in the structure.
In response to an inquiry from Mayor Gardner, Planning Manager Alford noted that the information
was not included in the findings but can be if Council feels that it is important.
Hearing no further testimony, Mayor Gardner closed the public hearing.
Motion by Mayor Pro Tem Curry, seconded by Council Member Rosanskv to adopt
Resolution No. 2012-80 that: 1) rescinds Resolution No. 2012-66 adopted on July 29, 2012, 2) finds
the California Environmental Quality Act (CEQA) to be satisfied by the May 11, 2010, City Council
certification of the Marina Park Project Environmental Impact Report (EIR) (SCH 42008051096) in
compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K-3, and 3) approves Coastal Land Use Plan Amendment No. LC2012-002.
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
XVII. CURRENT BUSINESS
23. QUARTERLY BUSINESS REPORT - APRIL THROUGH JUNE 2012. [100-20121
City Manager Kiff noted that the subject document is available on the City's website for review.
Council Member Henn encouraged that all Homeowner Associations review the report and make it
available to its members.
Council Member Daigle reported that the City is recovering from a recession, addressed the City's
credit rating, and commended staff.
XVIII. MOTION FOR RECONSIDERATION - None
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City of Newport Beach
City Council Minutes
September 11, 2012
XIX. ADJOURNMENT -Adjourned at 10:11 p.m. in memory of the victims of 9/11
The agenda for the Regular Meeting was posted on September 6, 2012, at 4:25 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 September 7, 2012, at 2:20
p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building,
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City Clerk
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