HomeMy WebLinkAboutPC - Public Comment - John Heffernan..�.Y .,.�.,,. ,vcwpon Deaur oou Course keep its deal between Costa Mesa and Newport isn't much to argue about."
Responding to conflict -of- interest claims
Two alleged conflicts of interest
have been raised recently in
Newport Beach regarding City
Council decisions. Besides taking
dhaction frain the city attorawy
when such issues are raised, is
there anything else council
members can do to respond to
residents' concerns? Does the
council need to review its conflict
of interest policy?
The alleged conflict charges
against Debra Allen are
trumped -up political
mudslinging by those insistent
on changing the General Plan to
take away open
space. No one
has even
alleged a:..,
financial
interest, which a.
is the required
test of any real
conflict. The "
charges leveled
at former City Arty. Bob
Burnham appear to be equally
without merit.
Ayear ago, the Daily Pilot
condemned careless attacks of
this nature. as "dirty politics.
Today, the paper slings these
charges with wild abandon..
I fear our community is
slipping down the slope into the
politics of personal destruction..
We must . not allow that to
happen.
KEITH CURRY
District .7 councilman
The City.Council takes all
onflict allegations
c
seriously— recognizing
that allegations may result from
confusion over complex laws or
personal or political agendas.
The allegations against the
former city attorney — made by
a few understandably frustrated
residents: —are not supported
by evidence.
Certainly Debra Allen was
unaware of any possible conflict
based on the distance between
her home — not a secret —and
aparcel across MacArthur
Boulevard. The City Council
looks to the city attorney for
advice recognizing that the Fair
Political Practices Commission is
the final arbiter. The council will
always take a
hard but
5 Y3 responsible
look at
S , allegations and
ensure that all
.yam, city officials act
solely in the
best interests of
residents.
LESLIE DAIGLE
District 4 councilwoman
Did not
respond.
NANCY
GARDNER
District 6.
councilwoman.
The Fair Political Practices
- Commission is the final
authority for interpreting .
and deciding on
potential
conflicts of 1-5,
interest. by
public officials. �'-
While our city
attorney advises
the council on
conflicts from
time to time,
the City Council does not and
should not attempt to determine
when a conflict has actually,
occurred.
As far as I know, the Newport
Beach conflict of interest policy
is fully compliant with state law,
and I do not think we need to
review it at this ffine.
MICHAEL HENN
District f councilman
Did not
respond.
MAYOR STEVE
ROSANSKY
District 2
Confidence of residents in
the integrity of their
municipal government is
of the highest priority for a city
council. Many times, when
conflict -of- interest claims we
raised,
resolution is
complex.
f' Claims of
conflicts of
- interest are
_ regulated by
_ stale law and
are
administered by
the state Fair Political Practices
Commission.. When claims of
conflicts are raised that maybe
valid, a city council must err on
the side of caution. It must take .
all steps within its power,
including actions such as .
revoting on an issue, to abate
the appearance of anyconBict
Legal resolution of the claimed
conflict must be left to the FPPC
in accordance with its
procedures.
ED SELICH
District 5 councilman
Did not
respond.
DON WEBB
District 3
councilman
JOHN HEFFERNAN
26 CORPORATE PLAZA, #100, NEWPORT BEACH, CALIFORNIA
PHONE: (949) 640 -4300! FACSIMILE (949) 721 -11401 EMAIL: 0hffj5aol.com
April 18, 2007
Via U.S. Mail
Enforcement Division, Fair Political Practices Commission
428 J. Street, Suite 620
Sacramento, California 95814
Re: Complaint
Debra Allen — Conflict of Interest
To Whom It May Concern:
INTRODUCTION
On September 8, 2005, Debra Allen, a City of Newport Beach Parks, Beaches -&
Recreation ( "PB &R ") Commissioner made statements in a telephone conversation to John
Heffernan while he was mayor of the city of Newport Beach. These statements were
made by Ms. Allen to influence Heffernan in his position of mayor and a City Council
Member, on the then (and now) contested public issue of whether or not to use certain
park land in the City of Newport Beach (located next to its Central Library) partly as a site
for a pending new Civic Center for the City. That decision involved tens of millions of
dollars. That contact by Ms. Allen to Heffernan had a direct and material effect on
Heffernan reversing his then publicly disclosed position as an advocate of locating such
pending new civic center at such park site, and it resulted that day in Heffernan so
confirming that reversal to a pending donor of money for improving the site as a park,
which donation would not have been made if the site was used for the civic center. The
question which I am asking the Commission for a formal decision is: Did Ms. Alien have a
direct conflict of interest under California Law whereby she should not have contacted nor
tried to influence the decsion of Heffernan as an elected official in such matter pending in
the City of Newport Beach.
-1-
F:IFILES H WORHINBOEBRA ALLEN CONFLICT - 4 -0nFPPC Compainl Fin ] 1- 18- 2007,tl
FACTS & SUPPORTING INFORMATION
1. Is Debra Allen a public official within the meaning of the Political Reform Act?
Yes.
a. Government Code ( "GC ") § 87200 provides in pertinent part, "[t]his article
is applicable to ... other public officials who manage public investments. .
" 2 Cal. Code Regs ( "CCR ") 519701(b)(1)(A) further defines "[o]ther
public officials who manage public investments" to include "[m]embers of
boards and commissions.:. ".
b. As a PB &R Commissioner, Debra Allen meets the definition of a public
official. See attached Exhibits "4" & "5", which show Debra Allen as,a
PB &R Commissioner prior to and after the September 8, 2005 telephone
conversation with Heffernan.
2. Did Debra Allen use her position to influence a government decision? Yes.
a. 2 CCR § 18702.2(b)(2) provides: "A public official 'participates in making
a governmental decision... when, acting within the authority of his or her
position, the official... [a]dvises or makes recommendations to the
decisionmaker either directly or without significant intervening substantive
review, by... presenting any... opinion, orally... which requires the
exercise of judgment on the part of the official and the purpose of which is
to influence a governmental decision..."
b. In the telephone conversation of September 8, 2005, Ms. Allen used her
position as a PB &R Commissioner to increase the credibility of her
statements to Mr. Heffernan, thereby using her position to wrongly
influence a government decision.
3. Does Debra Allen have a real property economic interest? Yes.
a. 2 CCR §18703.2(a) provides "... a public official has an economic
interest in any real property in which the public official has a director
indirect interest worth two thousand dollars ($2,000) or more in fair
market value,"
-2-
F'%FILESJHWOFRNMDESRA ALLEN CONFLICT.4 -07 %FR C Complain 92, - -17 -2W7.=
b. Ms. Allen's home, located at 1021 White Sails Way, Newport Beach, CA
has a fair market value over $2,000.
4. Was Debra Allen's real property economic interest directly involved in the
governmental decision? Yes.
a. "Real property in which a public official has an economic interest is
directly involved in a governmental decision if... (1),[t]he real property in
which the official has an interest, or any part of that real ,property, is
located within 500 feet of the boundaries (or the proposed boundaries) of
the property which is the subject of the governmental decision..." 2 CCR
§18704.2(x)(1) (emphasis added).
b. Ms. Allen's home is located within 500 feet of the boundary of the park
site in which the pending Newport Beach Civic Center might have been
located. On March 27, 2007, the City Attorney of Newport Beach, Robin
Clauson, issued a City Council Staff Report (See Ex. "T') which reads: ". .
[c]ity GIS staff prepared a map showing that Commissioner Allen's
residence was located 375 feet from the Newport Center Park..:"
Additionally, attached as Ex. "1" is an aerial photograph of Ms. Allen's
home and adjacent park site, each outlined in red. For ease in reference,
a line has been drawn from her property showing a 500 foot radius. Ms.
Allen's residence is clearly within 500 feet of the proposed boundary of
the property which is subject to the governmental decision.
5. What is the applicable materiality standard for Debra Allen's economic interest?
Presumed material.
a. There is a rebuttable presumption that "[t]he financial effect of a
governmental decision on the real property is presumed to be material."
See 2 CCR §18705.2(a)(1).
b. The presumption may only be rebutted by rp oof that it is not reasonable
foreseeable that the governmental decision will have any financial effect
on the real property. Ms. Allen had no proof on September 8, 2005, at
the time she made statements to Mr. Heffernan that the governmental
-3-
Fi1FILE5JH WORMME61RA ALLEN CONFLICT .4 -07IFPPC_C=plaiO, #.2.5- -ail$007.WC
decision would have no financial effect on her real property. It is
inconceivable to me that $40 Million of newly constructed improvements
of more than 70,000 square feet located on what was then vacant view
property would not have had some economic impact on the residence of
Ms. Allen whose home's fair market value likely exceeded $1.5 Million.
6. Was it reasonably foreseeable that the governmental decision would have a
material financial effect on each economic interest? Yes.
a. "A material financial effect on an economic interest is reasonably
foreseeable within the meaning of Government Code section 87103, if it
is substantially likely that one or more of the materiality standards (see
CCR tit. 2, §§ 18704, 18705) applicable to that economic interest will be
met as a result of the governmental decision." 2 CCR §18706(a)
b. Had Ms. Allen not engaged in inappropriate conversations with Mr.
Heffernan, he would not have changed his vote, and he would not have
influenced others to change their vote on this same issue. The decision
was made to use the site solely as a Park on December 13, 2005 by vote
of the City Council on that date, which Heffernan voted with the majority
to not use said park site for the pending new Civic Center. After Mr.
Heffernan left the Newport Beach City Council, this location was again
revisited as a potential location for the Newport Beach Civic Center.
Often, that prior December 13; 2005 vote has been cited as reason to not
reopen the issue whether the park site can be used for such Civic Center.
7. Was the reasonably foreseeable financial effect distinguishable from the effect
on the public generally? Yes.
a. 2 CCR §18707(b) sets forth a test to determine whether or not the
governmental decision will affect the public official's economic interests in
a manner which is indistinguishable from the manner in which the
decision will affect the public generally:
-4-
F1FILES4HwORMNWESR ALLEN CONFLICT - 4 -07TPPC CMPIWMV S - 17.2=.tl
i. "Step One: Identify each specific person or real property
(economic interest) that is materially affected by the governmental
decision."
1. Potentially each person who lives within a 500 foot radius of
the proposed civic center site. At most, this is,potentially 50
residences.
ii. "Step Two: For each person or real property (economic interest)
that is identified in Step One, determine the applicable 'significant
segment' rule according to the provisions of 2 CCR §18707.1(b)
1. 2 CCR § 18707.1(b)(1)(B) reads, "Real Property. For
decisions that affect a public official's interest in real
property, the decision [affects a significant segment and is
indistinguishable if it] also affects: (i) Ten percent or more
of all property owners or all residential property owners in
the jurisdiction of the official's agency or the district the
official represents; or (ii) 5,000 property owners or
residential property owners in the jurisdiction of the official's
agency.
2. As of the 2000 census, Newport Beach had 70,032
residents; and 37,288 housing units (See attached Exhibit
7"). Using a liberal approach, the number of houses within
500 feet of the proposed civic center site may be as many
as 50, which is far short of the 3,729 needed in order for this
to be ten percent of all properties. If you assume that each
of the residential properties in Newport Beach are owned by
an average of 2 individuals you still fall short of the number
of residential ,property owners with a direct economic
interest in this decision. Likewise, the number of property
owners with a direct economic interest is far less than
5.000..
-5-
F.IFILESUHWORgNS%DEBRP ALLEN .CONFLICT 4 -0nFPFC_Complainl# 2.E 4- 17- 2007.Om
8. Was Debra Allen's participation legally required despite the conflict of interest?
No.
a. 'A public official who has a financial interest in a decision may establish
that he or she is legally required to make or to participate in the making of
a governmental decision within the meaning of GC §87101 only if there
exists no alternative source of decision consistent with.the purposes and
terms of the statute authorizing the decision." 2 CCR §18708
b. Debra Allen had no legally required participation in this decision making
process.
CONCLUSION
I am asking the Commission to render a formal opinion whether or not Ms. Allen
violated the applicable public official conflict of issue rules under California Law, and if yes,
that as part of your Commission's decision she be required to resign her still current public
official status as a Member of the Newport Beach City Parks, Beaches & Recreation
Commission so she may no longer use her official status to illegally influence the outcome
of such park site/ civic center location. This issue is now pending before the City and also
the Commission which Ms. Allen is a member. Ms. Allen has been advised of her potential
conflict of interest, but has on repeated occasions denied any conflict. Because of this,
and the apparent potential for a conflict of interest as outlined above, l now respectfully
request that the Fair Political Practices Commission review and investigate the facts of this
matter to the best of its ability and report on its results.
Very Truly Yours,
gzq- -c ter
John Heffernan
:tp
Enclosures
-6-
F:IFILESVHWCRKVS%DE6RA ALLEN CONFLICT.447 %FPPC Cw plainlN2.6-- -0- 17- 21X)7.a
INDEX OF EXHIBITS
Aerial Photographs
Exhibit 1: Aerial photograph showing (i) Residence of Debra Allen in relation to (ii)
park site / proposed Civic Center location. The white line shows a 500 foot
radius from Ms. Allen's home to the park site.
City Council Documents
Exhibit 2: City Council Minutes from 12 -13 -2005. Page 1 (identified as Volume 57 —
Page 491) shows Heffernan as Mayor. Page 7 (identified 57:497) shows
public hearing item 26, dealing with the City Hall site, with a vote on page 9
(identified 57:499).
Exhibit 3: City Council Staff Report from Robin Clauson, City Attorney dated 03 -27-
2007.
Parks Beaches & Recreation Commission Documents
Exhibit 4: PB &R Minutes from August 2, 2005, showing Debra Allen as a
Commissioner.
Exhibit 5: PB &R Minutes from November 10, 2005, showing Debra Allen as a
Commissioner.
Exhibit 6: PB &R Minutes from March 6, 2007, showing Debra Allen, although absent
from the meeting is still a Commissioner.
Miscellaneous
Exhibit 7: Printout from www.census.gov — quickfacts for City of Newport Beach based
upon the 2000 census.
-i-
F:IFILE84H WORMBIOEBRA ALLEN CONFLICT . a -0TFPPC CMplaint # 2:5.- -17-2007.m
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11
City Council Minutes
]Regular Meeting
December 13, 2005 — 7:00 p.m.
STUDY SESSM - 5:00 p.m.
CLOSED SESSION - 5:40 p.m.
A. RECESSED,AND RECONVENED AT 7:00 P.M. FOR
F]
C.
D.
E.
F.
ROLL CALL
Present: Council Member Selich, Council
Heffernan, Council Member Rii
Nichols
CLOSED SESSION REPORT Nonb .
Vl-L
.4
PLEDGE OF ALLEGIANCE - Couilril ✓I
INVOCATION - Reverend Karl Auc
Church __ E'_
Grand Jury
National
Flores dis
Harkless i
DVDs in t
to "Yellow
,cy; Mayor Pro Tem ebb, Mayor
Member Daigle, CouW Member
Center United Methodist
January 10, 2006.
-_ -
s `enas for Oui,'P�iDOps -Brad. White, Legislative Representative for the
Association of California, and California National Guard Captain Noland
Opei•'alion Christmas and thanked the City for its assistance. City Clerk
A the -f!r. event Thursday morning in which people can drop off toys and/or
City Ha. Mr. White indicated that people can also write checks, payable
� America ". Mayor Heffernan indicated that he will be giving a $500 check
Pr4entetion of Check from the Newport Beach Library Foundation - Newport
Beas$nibrary Foundation President Tom Edwards presented a check for $81,900 to Mayor
Heffernan, Library,Board of Trustees Member Karen Clark, and Library Services Director
Katsouleas which brings their total donations to a little less than $400,000 this year.
Proclamation for Newport Harbor High School Football Team - CIF Southern
Section Division VI Championship - Mayor Heffernan read the proclamation which
proclaims December 14 as "Newport Harbor High CIF Champions Day" and presented it to
Coach Jeff Brinkley and the team.
Taste of Newport Grant Program - Richard Luebrs, President of the Newport Beach
Chamber of Commerce, discussed the history of the Taste of Newport and presented the
event's proceed checks to the Girl Scout Council of Orange County, Leadership Tomorrow,
the Newport-Mesa Schools Foundation, the Newport Harbor Nautical Museum, the Newport
Volume 57 - Page 491
City of Newport Beach
City Council Minutes
December 13, 2005
Beach Public Library literacy Program, Human Options, the Newport 'Bay Naturalist and
Friends, and the Youth Employment Service.
Presentation of Check from the Corona del Mar Centennial Foundation - Bernie
Svalsted, Chairman of the Corona del Mar Centennial Foundation, and Peggy Fort reported
that the Board unanimously voted to donate $5,000 to the Newport Beach Centennial.
G. REORGANIZATION
1. ELECTION OF MAYOR.
P4
City Clerk Harkless, in presiding, placed all members of the
basis to nominate and elect the Mayor. 6
Council Member Rosansky nominated Council
3 i-
AR
Motipn by Council Member_ Ridgeway to close nominations
by acclamation. r
The motion carried by the following
Ayes: Council Member Selich, Council Men`
Council Member He an, Council
Daigle, Council Mem>W%1 ;.h s
Following a unanimous vote ty Coui
Webb is the new Mayor. MayBk Webb
on an equal
vote for Mayor
Rosansky, Council Member Webb,
tuber Ridgeway, Council Member
ess announced that Don
at the dais.
Mayon" ebb,�in presiding, paced all members of Council on an equal basis to
nominae,an select the Mayor Pro Tem.
CoCiripil M her Daigle ihated Council Member Rosansky for Mayor Pro Tem.
Mot by d1 ncil�Membber__Ridgeway to close nominations and vote for Mayor
Pro Td by accl'�lnation.
The motion carried by the following roll call vote:.
Ayes: Council Member 'Selich, Council Member Rosansky, Council Member
F Heffernan, Mayor Webb, Council Member Ridgeway, Council Member Daigle,
Council Member Nichols
Following a unanimous vote by Council, City Clerk Harkless announced that Steve
Rosansky is the new Mayor Pro Tem. Mayor Pro Tem Rosansky took his proper
place at the dais.
3. SEATING ARRANGEMENTS FOR CITY COUNCIL.
The Council Members decided on the seating arrangement of the Council dais, with
the senior Council Members having first preference. The following seating order
was determined (left to right):
Volume 57 - Page 492
City of Newport Beach
City Council Minutes
December 13, 2005
H.
I.
J.
Heffernan - Selich - Rosansky - Webb - Ridgeway - Daigle - Nichols.
4. REMARKS.
Council Member Heffernan believed that the Mayor's office needs its own staff. He
expressed the opinion that the Mayor's seat should be an elected position with a two
year term. He stated that he enjoyed being Mayor and would like to serve again.
Mayor Webb thanked Council Member Heffernan for his service as Mayor
and presented him with a gavel plaque.
Mayor Webb indicated that he is honored to be Mayor of this City recognized his
family. He noted that next year will be a busy year for the C' d hoped for more
unity within the community. He commended staff and tie Council for putting
their faith in him. ,mss
NOTICE TO, THE PUBLIC
CITY COUNCIL ANNOUNCEMENTS..OR
REPQRTA_NON- DISCUSSION ITE
Council Member Heffernan reques report relati%,to party boats in the Harbor. City
Attorney Clauson indicated that re ulations o'fusinesses in the Harbor and
what was reviewed by the Harbor Co missi probab Xome before Council in January.
Council Member Daigle . reported that ;he paroEat.Corbna del Mar High School will be
modified over the lWliday.s.
fEg
C='
Council Me DaigW reported that a attended a meeting relative to trails in Santa Ana
Heights and nii'cated,that, with staff elp, the County has improved the trails.
fi
Mayordt'ekb annoiiiced tha£' t1xe� �,�SL tizens Police Academy just graduated and that they
are taking a'jiplicattons for the nex'te'ession.
Mayor Webb aiinounced;;that there are 261 days until the City's 100th birthday.
Mayor Pro Teiu Rosansky announced that the Float Committee is still looking for volunteers
to decorate the City's Rose Parade float on December 26 and December 27.
NC. OF MINUTES!ORDINAN�ES AND RESQLUT7QIMS
5. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF NOVEMBER 22, 2005 AND ADJOURNED REGULAR
MEETING OF NOVEMBER 29, 2005. Waive reading of subject minutes,
approve as written and order filed.
6. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all ordinances and resolutions under consideration, and direct City
Clerk to read by title only.
Volume 67 - Page 49S
City of Newport Beach
City Council Minutes
December 18, 2005
ORDJ1�7�11VCE FOR dNTRODUCTIQN_
7. AMENDING NEWPORT BEACH MUNICIPAL CODE 10.50.020,
OFFENSES AND NUISANCES TO ADDRESS PROPERTY
MAINTENANCE STANDARDS. 1100 -20051 Introduce Ordinance No.
2005 -22 and pass to second reading on January 10, 2006.
ORDINANCES FOR ADOMON
S. ORDINANCE EXTENDING NON - EXCLUSIVE SOLID WASTE
FRANC141SES WITH FRANCHISED SOLID WASTE EJOERPRISES
AND APPROVAL OF ASSIGNMENT TO U ov WASTE OF
CALIFORNIA. [421100 -2005] Adopt Ordinance No. 5 -20.
9. MODIFICATION OF NBMC SECTION 14 . 20 - WELLING UNIT
AND BUSINESS STRUCTURE SEWE� NNEC N. (100 -20051
Adopt Ordinance No. 2005.21. n
RESQL UZIDNS FQd; ADQPTdQN
10. RESOLUTION RELATING
PHASE II GRANT AGR:
11.
Resolution No. 20054,55 di t�of
3818) with the State Water
40 Phase II - Watershgd, Clean
XTING A PROPOSITION 40
WITH THE STATE WATER
;C- 3818). 1381100 -20051 Adopt
City to execute an agreement (C-
t►R'ol Board under the Proposition
rid -Mater Quality Act.
CONTRACTS AND IRELATED DOCUMENTS INITIATING VENDOR
UP .;)RT OF RET �iEE MEDICAL PROGRAM (G8819). 1381100 -
0 fttApprove th Group Funding Agreement (Contract) (and related
P1% Sngussion Information) with ING Life Insurance and
Am! ty Company;` the Investment Manager; 2) approve the Trust
Agreebl�ent with ING National Trust, the Trustee; 3) approve. the
AdminiglTative Services Agreement (Contract) with Administrative
Resources Corporation (ARC), the Plan Supervisor; 4) approve the Basic
Plan Document and related Adoption Agreement; 5) authorize the City
Manager to sign the above documentation on the City's behalf; 6) appoint
the Administrative Services Director (Chair), Human Resources Director
(Vice Chair), Assistant City Manager, and Deputy Administrative Services
Director as members of the City's Retiree Medical and Deferred
Compensation Committee; and 7) authorize a budget amendment (06BA-
032) appropriating $75,000 from unappropriated General Fund Balance to
Account Numbers 0510 -8080 ($15,000) and 6310 - 8075 ($60,000).
12. 2005 -2006 SIDEWALK, CURB AND GUTTER REPLACEMENT
PROGRAM - AWARD OF CONTRACT (C- 8789). 1381100 -20051 1)
Approve the plans and specifications; 2) award the contract (C -3789) to C.S.
Legacy Construction, Inc. for the total bid price of $590,443 and authorize
the Mayor and the City Clerk to execute the contract; 3) establish an
amount of $59,044 to cover the cost of unforeseen work; and 4) approve a
budget amendment (06BA -030) appropriating.. $57,000 from the General
Volume 57 - Page 494
City of Newport Beach
City Council Minutes
December 1S, 2005
Fund Operating Budget Account No. 3130 -8036 (Maintenance East Coast
Highway) to Account No. 7013- C3140850, and appropriating $62;000 from
the General Fund Operating Budget Account No. 3130.8239 (Concrete
Maintenance) to Account No. 7013- C5100020.
13. DIGITAL ORTHOPHOTOGRAPHY AND TWO -FOOT CONTOUR
SERVICES - APPROVAL OF A PROFESSIONAL SERVICES
AGREEMENT WITH MERRICK & COMPANY (0896). [SW100 -20051
Approve a Professional Services Agreement with Merrick & Company for
services to produce digital orthophotograpby and two fntours at a
proposed cost of $148,566.
14. IRVINE TERRACE WATER VALVE, 'OCEAN A AND ORANGE
STREET WATER MAIN REPLACEMENTS - OF CONTRACT
(C- 3648). 1381100 -20051 1) Approve the pl nd spe - cations; 2) award
the contract (C -3643) to John T. Malloy,r the total bi ice of $671,300
and authorize the Mayor and the it erk to execute the tract; and 3)
establish an amount of $100,000 :Cover theost of unforesee ork.
15. MEMORANDUM OF UNDE . DING (MOU) WITH I INE
SAFETY OFFICERS ASSOCIA N (C-2058). [381100 -200 Approve
the MOU with the arine Safety - ficers Association (MSOU) for the
eighteen month period nuary 2005 rough June 2006.
16. SUPPLEMENTAL YIEM A 0%- UNDERSTANDING . WITH
NON-SAFETY E LOYEFt OCIM�'1'IONS TO IMPLEMENT
RE MEDIC P QiRANfND ESTABLISH BI- LINGUAL
PA . IY811100-Y005j ove Supplem ntal Memoranda of Understanding
`(SMOTA) with the allowing employee associations: City Employees
F41 ,AssoMtion (C- 2059), mployees *League (C -2065) and Professional and
`TeclEmployees sociation (C- 2051); and add Section 2.A - Salary to
Vtk:the ctiivtd . e period beginning December 24, 2005 (concurrent
y w implemtion of the revised retiree medical benefit), salaries
cx,
4z
v! s sincreased by 1 °�."
18. APPROVE PURCHASE OF MOBILE DATA COMPUTERS FOR
POLICE PATROL VEHICLES. 1100 -20051 1) Approve purchase of 35
replacement mobile data computers for use in marked police vehicles used
by sworn police personnel from Dell Computer Corporation for $223,620.03
from existing budget appropriations; 2) approve purchase of 31 replacement
mobile data computer mounts and related electronic equipment consoles for
use in marked police vehicles used by sworn police personnel from Dell
Computer Corporation for $32,163 from existing budget appropriations; and
3) approve purchase of retrofit services to remove /install computer mounting
equipment and consoles from Computer Deductions Incorporated (CDI) for
$15,000 from existing budget appropriations.
20. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE
NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE
FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR
FY2005106. 1100 -20051 Approve a budget amendment (06BA -029) to
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City of Newport Beach
City Council Minutes
December 18, 2005
K.
increase revenue estimates by $81,900 in Account No. 4010 -5893 and
increase maintenance & operation expenditure estimates by the same
amount in Division 4090, Foundation.
21. DEVELOPMENT OF AN AUGMENTED PUBLIC OUTREACH
PROGRAM FOR THE PROPOSED GENERAL PLAN._ 1100 -20051
Information only no action required.
22. NAMING OF PARK LOCATED AT MESA DRIVE AND BIRCH
STREET (coutd. from 11/22105). 1100 -20051 Continue tl#s item to a
future City Council meeting, date to be determined.
City Manager B]udau noted the additional language to be adde\Secltion 2A of the
Supplemental Memorandum of Understanding (Item 16)�n that the
recommendation has been amended for Item 19. A ,P'
to approve'the,(onsent Cat for those
items removed (17 & 19), and noting the addition" of Section 26 and the
amendment to the recommendation on Item 19.."
4..5::
The motion carried by the following roll call vote: Vii.
Ayes: Council Member Selich,
Webb, Council Member
PUBLIC HEARINGS
23.
THE
Mayor Pro Tern Rosansky, Mayor
iaigle, Council Member Nichols
APROVEMENT DISTRICT RENEWAL:
IMPROVEMENT DISTRICT FOR THE
1100 -80051
Hearing no testimony, he closed the public
Berger announced that they have received no protests.
GztupciI Member.. RidgewA to adopt Resolution No. 2005 -60
ng the levy of the BID assessment for the 2006 short fiscal year since the
represented less than 50 percent of the total assessment amount.
motion carried by the following roll call vote:
Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem
Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle,
Council Member Nichols
24. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT
RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION
FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR A
SHORTENED FISCAL YEAR 2006. 1100 -20051
Program Manager Trimble announced that they have not received any protests.
Volume 57 - Page 496
City of Newport Beach
City Council Minutes
December 13, 2005
Mayor Webb opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion __by Council Member Rid eway to adopt Resolution No. 2005-61
confirming the levy of the BID assessment for the 2006 shortened fiscal year since
protests represent less than 50 percent of the total assessment amount.
The motion carried by the following roll call vote:
Ayes: Council Member Heffernan, Council Member Selicb, Mayor Pro Tem
Rosensky„ Mayor Webb, Council Member Ridgeway, Council her Daigle,
Council Member Nichols
25. 2005 UPDATE TO THE CITY OF NEWPORT BED► URBAN WATER
MANAGEMENT PLAN. 1100 -20051
Acting Utilities Director Antista utilized a Pow:OToint presentat\effoex uss the
Urban Water Management Plan throug�.40_30�and highligh equired
components of the Plan. He reported o eir w�t r conservation plained
how the City gets its water, and emphs' , dsthat the City is ony cities
with an emergency sup ply. Administra Manager Deutsch efforts
taking place in Buck Gully and the Smarthtiaer Rebate Program. Council Member
Ridgeway noted that the reb,ogram endsnuary 31, 2006.
Mayor Webb opened the pubic he gr- :Hearing & testimony, he closed the public
hearing. �,,
Motion }1Yr.Pro TexIsnr &y to aUD'pt Resolution No. 2005 -62, which
adoptstGe updated 2005 Urbaa Water Management Plan.
The motion carried by the following roll call vote:
..Y .-a__ 1:.. ... .:
Ayes,.: Council Meni'1i'eirt;Heffeihan, Council Member Selich, Mayor Pro Tem
„.r.. ':Rcsari9ky, Mayor W6bb, Council Member Ridgeway, Council Member Daigle,
`"Counci]Umber Nichols
26. COUNCIL ESTABLISHMENT OF A CITY HALL SITE REVIEW
COMPITTEE AND A FACILITIES FINANCE REVIEW COMMITTEE,
ESTABLISHMENT OF GUIDELINES FOR BOTH COMMITTEES,
INCLUDING THE NEWPORT VILLAGE SITE AS A POTENTIAL CITY HALL
,, y IT
S E AND ESTABLISHMENT OF A PROCESS TO ACCEPT COMMITTEE
'` _( APPLICATIONS. 1251100 -20051
City Manager Bludau provided the staff report and utilized a PowerPoint
presentation to discuss the proposed makeup and duties of the City Hall Site Review
Committee and the Finance Review Committee. He noted that, if the City Hall were
located elsewhere, the fire station will remain at its current location. He believed
that, due to the timeline, the committees will need to meet weekly. He indicated
that Council should see how many applications are received and then decide the
process for selecting committee members. It was the consensus of Council to amend
the number of members for both committees to be no less than 7, but no more than
11 public members.
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City of Newport Beach
City Council Minutes
December 1S, 2005
In response to Council questions, City Manager Bludau confirmed that the Facilities
Finance Committee will prioritize the capital improvement needs and provide cost
ranges. He reported that staff will provide information relative to whether the City
can finance the facilities and provide the budget outlook. He believed that the list
will be provided by the time the committee members are appointed.
It was the consensus of Council to have the committee reports completed by May 1,
2006, so they can be reviewed by Council during the first meeting in May. Further,
it was determined that each committee should have two non - voting Council
Members on them. _0
Mayor Webb opened the public hearing. Hearing no testimony,4brclosed the public
hearing.
-4-
Motion _by_Council Member Ridgeway. to 1) es. i sh the committees and
the guidelines for the committees to fund on, making anges to the
recommendations as Council sees fit; and 2) adb`ertise that City Co '1 is accepting
applications for these committees until nopri;'January 6, 2006, with intention of
appointments being made at the Janua4,12 th ular City Council m
The motion carried by the following roll callVe:
Ayes: Council Member He Council Metitber Selich, Mayor Webb, Council
Member Ridgeway, Co lember DaiglOQCouncil Member Nichols
Noes: Mayor Pro Tern Rosanst T; =. %1.
,t
Public Works ector Bad repo�'tk'ii on thg cconstraints of the ,Newport Village
site rel 'tie to height limi �iis, view plains, topography, excavation, drainage
courtcour , and gry dwater. H dicated that moving 3,000 truckloads of dirt could
cost
,, and
$5 million. Pjanniug Director Temple highlighted the non - codified
Newpo a ._t ht plane o inane which protects view planes and landscaping.
°.
City- Atto y Clawson orafirme8 that Council can modify the ordinance.
the public hearing.
Bernie3valsted`_ mphasized that this site is no longer called "Newport Village" since
Couno already voted to name it "Newport Center Park ". He expressed his reasons
why,Founcil should eliminate the park for consideration and discussed the site's
history. He also expressed concern about losing the potential donor and the park.
Jlebra Allen, Parks, Beaches & Recreation Commissioner, reiterated that Council
named the site Newport Center Park on June 28 and that they have been working
for years to develop it as a park. She reviewed the history of the site and added that
the drawings are almost complete.
Val Skoro asked why the City would 'risk losing a donor when the park is ready to
move forward.
Karen Tringali, Corona del Mar Residents Association, reported that they support
preserving the site as a park site and shared some of the email responses.
Elaine Linhoff believed that this cannot be a potential site for City Hall since it's
already a park.
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City of Newport Beach
City Council Minutes
December 13, 2006
Jan Vandersloot urged Council to eliminate this site for the new City Hall and
reviewed the 1992 CIOSA agreement. He discussed the delays that could occur due
to zoning changes and the required EIR, and the potential for losing the park donor
money. He indicated that he likes the current site for City Hall.
13J Johnson hoped that the City doesn't take away the CIOSA agreement from the
public and expressed concern with the potential traffic if the site was selected for the
City Hall.
Ben Schmitt believed that the current City Hall should be remodeled and stated that
he would like to be on City Hall Site Review Committee. He aug leaving the
park as a park due to traffic.
Mayor Webb closed the public hearing.
Motion by- Council Member Selich to exclu�kevthe Newpo Wage site as a
potential City Hall site..
n ri
The motion carried by the following roll voter`
Ayes: Council Member Heffernan, Coun Member Selich, Mayor Pro Tem
Rosansky, Mayor Webb, Council Memb Ridgeway, Council Member Daigle
Noes: Council Member Nicho ;,
27. BAYSIDE RESIDENTIAL ALA DCOMMIINITY - 919 BAYSIDE DRIVE
(PA2004 -072). 1100 -20051
Mayor Webb''opeped the publihgari g.
Motion. by_Mayor Pro Temosansl_y to continue the public hearing to January
10, 200&.:
`i'lie;motion carried 1iyf¢,fllowing roll call vote:
Ay4t�touncil'". -.Member Heffernan, Council Member Selich, Mayor Pro Tem
Rosansky _Mayor Webb, Council Member Ridgeway, Council Member Daigle,
Council Member Nichols
SANTA BARBARA CONDOMINIUMS - 900 NEWPORT CENTER DRIVE
(PA2004 -169) (LENNAR HOMES) (contd. from 11/22/05). (100 =1005)
Mayor Webb opened the public hearing.
Motiby_MayorPrTm o Rosansky to continue the public hearing to January
10, 21)06.
The motion carried by the following roll call vote:
Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem
Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle,
Council Member Nichols
29. COASTAL LAND USE PLAN. 1100 -20051
Volume 57 - Page 499
City of Newport Beach
City Council Minutes
December 13, 2005
L.
Motion by CounCjl Member Ridgeway to adopt Resolution No. 2005 -63 adopting
the Coastal Land Use Plan with the modifications approved by the Coastal
Commission (Exhibits 1 and 2).'
Senior Planner Alford provided the staff report and noted that, on November 14, the
LCP Committee concluded that the modifications were acceptable and recommended
that Council adopt the Coastal Land Use Plan.
Council Member Nichols believed that the LCP has inequities and expressed
concerns relative to the coastal bluffs. ,
Mayor Webb opened the public hearing. Hearing no testimony,
hearing. y
The motion carried by the following roll call vote:
Ayes: Council Member Heffernan, Council
Member Ridgeway, Council Member..
Noes: Council Member Nichols '
Z5
Absent: Mayor Pro Tem Rosansky "'�-T;_.
PUBLIC COMMENTS
Stephanie Murguia, Leadership Toi
nominations until December 29 for
people can send nominations to iv
Chamber of Commerce-at 949 -729
invitation to the F,,ab WIry 23 event.
M. ORAL REPORTS F.
Ad$oc:Gener Pli
"Local Gomel Progi
Newport Coast Adv
Mariners Joint Use
1,3
Selich,
the public
Webb, Council
reported that they are accepting
the community. She stated that
qtg or call the Newport Beach
Council will soon receive their
ON CO.MM TTEE_ACTIIVITIES
(GPUC) - No report.
Committee - No report.
Committee - No report.
Ad Hoc Steering Committee - No report.
vial 2006 Committee - Mayor Webb announced that they need more
the Rose Parade float.
Ad Hoc Committee for Marina Park Planning - No report.
City Council Ad Hoc Marina Park Advisory Committee - No report.
Santa Ana Heights Project Advisory Committee - Council Member Daigle reported that
the City's first riding arena will probably open in spring.
PLANNING COMMISSION AGENDA AND ORAL .STATUS REPORT
30. PLANNING COMMISSION AGENDA FOR DECEMBER 8, 2005. 1100 -20051
Planning Director Temple reported on the following Planning Commission
items: Brookfield Homes (PA2004 -251) - 1.301 Quail Street; Wilson Automotive
Group (PA2005.232) - 848, 888 Dove Street and 3901, 3931, 3961 MacArthur
Volume 57 - Page 500
City of Newport Beach
City Council Minutes
December 13, 2005
Boulevard; Pas Tu Cafe (PA2005 -213) - 216 -112 Marine Avenue; and Mariner's Mile
Gateway (PA2004 -141) - 100 -600 West Coast Highway.
Regarding Mariner's Mile Gateway, Council Member Heffernan requested that staff
look into whether the builder can put up a bond to ensure that construction is
completed,
O. CURRENT BUSINESS
31. APPROVAL OF DONOR AGREEMENT TO INCLUDE NAMING RIGHTS
FOR NEWPORT CENTER PARK AND FUNDING PARK CO991PRUCTION
SHORTFALL. /I00 -20051
City Attorney Clauson reported that this item needs tto continued because
the terms of the donation have not been finalized. She iAk hat the donor can
make the donation to a separate foundation and tt,4:ei direct the oney to the City
once an agreement has been reached. ,�
µh
1
+
Moton l�Gounci er idgew tocont be
the item to Jan 10, 2006.
The motion carried by the following roll ca pte: s
-,
Ayes: Council Member Sek& Council Metaher Heffernan, Mayor Pro Tern
Rosansky, Mayor WeTern Cguncil Memberiidgeway, Council Member Daigle,
Council Member Nichol
32. COUNCIL CONSIDERATIbN OF .:AMENDMENT TO LEXUS SALES TAX
SHARINQ Af; IEEMENT O IMBURWLEXUS FOR FEES PAID TO
CITY FO ITS=S'R( (C 41 [381100 -2005]
City Manager; $ludau provide; the staff report, clarified that the estimated cost to
the Ctty�as ac�ttay $962;00 and explained how this affects the agreement's
timeline e iu M1 recommendations and confirmed that the original
agr "ment *.as for $9.5 Inillion plus interest at 5 %. He. reported that the
assui%nions`3rom Lexus during the original agreement were that they would
-!Uz. generAte $1.5 dWlion in sales tax the first year and $5.2 million a year by the
v:
thirteenth year.
r'
Richard Luehrs, Newport Beach Chamber of Commerce Government Affairs
Committee, expressed their support for this.
Motion by Council. Member Ridgeway to I) amend the previous sales tax
sharing agreement with David Wilson to allow the recovery of fees to be paid to the
City for the processing of this project; 2) direct staff to prepare the amendment to
the agreement which incorporates the reimbursement of project fees to be paid to the
City in the amount of $843,544.44 as a part of the previous sales tax sharing
agreement and have that agreement reviewed by Council Members Heffernan and
Rosansky prior to being finalized; and 3) authorize the City Manager to execute the
amendment upon approval of Council Members Heffernan and Rosansky and the
City Attorney.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Heffernan, Mayor Pro Tem
Volume 57 - Page 501
City of Newport Beach
City Council Minutes
December 13, 2005
Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle,
Council Member Nichols
33. ACCEPTANCES OF UP TO SEVENTEEN (17) OFFERS TO DEDICATE
( OTDs") EASEMENTS FOR COASTAL ACCESS. [100 -20051
Mayor Webb indicated that Council received a presentation on this item-during the
afternoon Study Session.
Motion by Councl MembecKiAgeway to adopt Resolution No. 2005 -64 accepting
all the easements providing public access to the shoreline in and v.And Newport
Bay.
Council Member Nichols indicated that he only agrees witdr" epting the offers, to
dedicate coastal easements.;
:.
The motion carried by the following roll call vote,
Ayes: Council Member Heffernan, C M� tfier Selich, Ma l& Pro Tem
Rosansky, Mayor Webb, Council e idgeway, Council Mem' Daigle
54ys
Noes: Council Member Nichols
:Tt
P. ITEMS REMOVED FROM THE ..0 ENT CALENDAR
17. UNSCHEDULED VACANCT O '3-HE CIVIL §FRVICE BOARD. [100 -2005)
Council Member Ridgeway exiressed cpd eraT#hat Albert Graham was previously on
the Civil M Board for ght ears and' d the Council Policy relative to
appoin_ nts. ;City Attorney uson believed that Council can waive the policy,
but ggn ted out that, pursua .to the Charter, Council must nominate three people
for the 'vil Sk vice Board un eduled vacancy.
Qh
s`' , ion ld ; Coli ,� l t GF Ridgeway to confirm the nominations (Douglas
Gou ...r, R hard Goul bert Graham) made by the Ad Hoc Appointments
:..
Committee tio:fill the unscheduled vacancy as a result of the death of Robert
The motion carried by the following roll call vote:
.t
Ayes: Council Member Selich, Council Member Heffernan, Mayor Pro Tem
Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle,
ILI
Council Member Nichols
19. APPROVAL FOR THE INSTALLATION OF CARPET AT THE CENTRAL
LIBRARY (C- 3820). [381100 -20051
Motion_ by Council. Member Heffernan to 1) approve the purchase and
installation of new carpet at the Central Library in the amount of $255,113.27
pursuant to a contract with C &A Floorcoverings to be approved by the City
Attorney's Office, and authorize the City Manager to execute the contract (C- 3820);
and 2) approve a budget amendment (06BA•031) in the amount of $15,113.27 from
the unappropriated balance of the General Fund to Account No. 7019- C9050821.
The motion carried by the following roll call vote:
Volume 57 - Page 602
City of Newport Beach
City Council Minutes
December 13, 2005
Ayes: Council Member Selich, Council Member Heffernan, Mayor Pro Tem
Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle,
Council Member Nichols
Q. MOTION FOR RECONSIDERATION - None.
R. AIDJOURNMENT -10:22 p.m.
The agenda for the Regular Meeting was posted on December 7, 2005, at 2:45 p.m.
on the City Hall Bulletin Board located outside of the City of Neevport Beach
Administration Building.
City Clerk
'p_
yor �{=_
Volume 57 - Page 603
"RECEIVED AFTER AGENDA
Js PRINTED" .9 21101
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 17
March 27, 2007
TO; HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Robin Clauson, City Attorney
(949) 644 -3131 or rclauson @city.newport- beach.ca.us
SUBJECT: COUNCIL CONSIDERATION OF WHETHER TO RESCIND ITS
DECISION ON FEBRUARY 27, 2007 TO INITIATE THE PROCESS TO
DEVELOP PHASE 1 OF NEWPORT CENTER PARK AND REFER THE
PROJECT BACK TO THE PARK, BEACHES AND RECREATION
COMMISSION FOR RECONSIDERATION
ISSUE:
Should the City Council rescind its decision to proceed with the design and eventual
construction of Newport Center Park Phase 1 and refer the project back to the Park,
Beaches and Recreation Commission (PB&R) for reconsideration?
RECOMMENDATION:
If desired, rescind the City Council's decision of February 27, 2007 to proceed with the
design and eventual construction of Newport Center Park Phase 1 including.the City
Council's decision to: (1) proceed with the preparation of plans and specifications for the
bid package for Phase I; (2) approve construction of the park per the approved City
Council concept plan, with the addition of the upper parking lot in phases with the
middle phase first; (3) accept the $600,000 donation towards construction of the middle
phase in exchange for naming rights for the entire park; (4) approve, in concept, the
amendment of the Fiscal Year 2006 -07 budget to increase the funding for the park from
$200,000 to $400,000, subject to final construction bids; and (5) direct staff to complete
the construction documents for the middle section phase as soon as possible and put
them out to bid.
DISCUSSION:
On February 27, 2007, the City Council directed staff to initiate the process to develop
Phase 1 of Newport Center Park. Copies of the staff report and meeting minutes from
the February 27, 2007 meeting are attached hereto.
Newport Center Park
March 27, 2007
Page 2
Just prior to the February 27, 2007 meeting, Assistant City Attorney Aaron Harp
received an inquiry whether Park, Beaches and Recreation Commissioner Deborah
Allen had a possible conflict of interest. City GIS staff prepared a map showing that
Commissioner Allen's residence was located 375 feet from the Newport Center Park.
Mr. Harp informed Commissioner Allen of this in the morning of February 27, 2007. Mr.
Harp was present at the Council meeting on February 27th in my place as I was out of
state on bereavement leave. When I returned, 1 looked into the impacts a potential
conflict of interest would have on actions already taken by the City Council and the
PB&R Commission and determined that an alleged violation of the Political Reform Act
could subject the PB &R Commission and City Council actions and decisions related to
the park's design and development to a legal challenge.
Specifically, the Political Reform Act (PRA) provides that an official may not make a
decision, participate in the making of a decision or in any way attempt to use his or her
official position to influence a governmental decision in which he /she knows or has
reason to know he/she has a financial interest. The prohibition from using the official's
position to influence a governmental decision, according to a publication by the Attorney
General, "was intended to ensure that public officials do not act indirectly to affect their
private economic interests by utilizing their official status or activities. It specifically
includes attempting to affect any decision within the official's own agency or any agency
appointed by or subject to the budgetary control of his or her agency".. Conflicts of
Interest, Office of the Attorney General, page 22.
When a decision involves another's real property located within a 500 foot radius of an
official's real property, the official's real property is presumed to be directly involved in
the decision. Real property directly involved in a decision is presumed to be a material
financial effect on the official unless the decision will have no financial effect, "not even
a penny." Unless the official establishes by a reasonable, objective method that there is
no financial impact on their real property interest they are expected by the regulations to
step down and not participate in the decision, or use their position to influence another
body of the same agency in making a decision.
I have provided the above regulations to inform the Council and the public of the basic
provisions of the PRA and regulations that apply. Given the potential conflict of interest,
the February 27, 2007 and /or decisions and recommendations of the PB &R
Commission could be subject to legal challenge by a resident under the Political Reform
Act_
Environmental Review: This is not a project under CEQA.
Newport CenterPark
March 27, 2007
Page 3
Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act
(72 hours in advance of the public meeting at which the City Council considers the
item).
Prepared & Submitted by:
Rolbin Clauson,
City Attorney
Attachments: February 27, 2007 Staff Report (Agenda Item No. 23)
February 27, 2007 Meeting Minutes (Agenda Item No. 23)
IA
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 23
February 27, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum
94944 -3311 or sbadum @city.newport- beach.ca.us
Office of the City Manager
Homer t.. Bludau
949-W-3000 or hbludau @city.newpori- beach.ca.us
SUBJECT: COUNCIL CONSIDERATION OF WHETHER TO INITIATE THE
PROCESS TO DEVELOP PHASE 1 OF NEWPORT CENTER PARK
ISSUE:
Should the City Council proceed with the design and eventual construction of Newport
Center Park Phase 1 or should the Council maintain the Newport Center Park site as an
option for a City Hall bcation until such time. as Council makes a firm decision on a City
Hall location?
RECOMMENDATION:
1) Direct staff to proceed with the preparation of plans and specifications for the bid
package for Phase 1 of the Newport Center Park, (See Selich items for proposed
action) and determine whether a soccer field will be a component of the park plan
or
2) Take no action on park development until such time as the City Council
determines a final location for City Hail.
DISCUSSION:
Park Development History: The concept of having a park in the general vicinity of
what is now the Central library site has its origins as early as 1990, when a 4 -acre park
was publicly discussed. Since 2000, the most recent park concept envisioned a parking
area behind the Library, passive park area just to the north of this parking lot with low
water ornamental landscaping, turf, a small amphitheater area, and a. very modest
native vegetation refurbishment at the north end of the site adjacent to San Miguel
Newport Center Perk
February 27, 2007
Page 2
Drive. A cost estimate was prepared in November 2004 based on preliminary drawings
with costs estimated at $1.1 million. Since that time, various amenities have been
added to the design concept including an enhanced circular arbor area, landscaping
enhancements along the perimeter of the park on Avocado Avenue and San Miguel
Drive, and an enhanced vegetation area was proposed for the north area of the park
In September 2006, a new construction phasing was proposed. The proposed revised
phasing was based on a sketch and follow -up conversations with Councilmember Ed
Selich and an unnamed donor. The first phase (Phase 1) would construct the passive
park area (including the Circular Arbor area and landscaping edge treatment along
Avocado Avenue) in the center of the site. Two new elements would be added to
Phase 1:
a 30- space, on-site parking lot with access near the intersection of Avocado
Avenue and Farallon Drive, and
an extension of the park area to the south to the existing top of slope. This
portion of the park would be sacrificed when grading for the library parking lot
(Phase 2) commenced.
The second phase (Phase 2), would construct the parking lot behind the library as well
as the stairway and ADA ramp to the circular arbor structure. Grading for the parking
lot would demolish about 65,000 square feet of park constructed under Phase 1.
The, third phase (Phase 3), would construct the enhanced vegetation area and adjacent i
landscaping edge treatment as originally proposed in November 2005.
In September 2006, a revised cost estimate was prepared to address the current
design concept. A conceptual plan with proposed phases and a detailed cost estimate
is attached for more information.
Phase 1, Passive Park Central Area $1,420,000
Phase 2, Library Parking Lot $1,569,000
Phase 3. North Park Area $ 764,000
Total estimated cost = $3,753,000
Approximately $200,000 is currently budgeted for the final design and preparation of
Plans, Specification and bid documents. Additionally, an unidentified donor has
committed to providing the City $600,000 towards the park construction In exchange for
naming rights. All work on this project is currently suspended and awaiting direction
from City Council as to the park funding priorities regarding this park, Sunset Ridge
Park and Marina Park.
At the February 13, 2007 meeting, Councilmember Webb requested that staff
investigate the possibly of adding an active soccer field element into the park. The
addition of a soccer field would require the following: 4
Newport Center Park
February 27, 2007
Page 3
®1) Additional grading would be required to provide a level playing field that would be
recessed in an effort to provide natural barriers and separate it from the adjacent
roadways.
2) A small restroom will be needed because of the extended presence of event
participants versus the short term passive use.
3) A larger parking lot (from 30 to 60 spaces) will be required to accommodate event
participants and the changeover/ overlap of successive games.
The additional cost to add an active element to the park is estimated at $476,000. The
attached exhibits show one potential configuration for a soccer field.
Recent Avocado Site Park Planning History
June 2, 2001 — City Council appropriates $35,000 to develop conceptual plan for site,
referring project to PB&R.
November 6, 2001 — PB &R approves/recommends following components to park site:.
No concrete or asphalt paths; use decomposed granite or natural looking material
Park riot to be a "destination" park where groups meet for all day events, such as
picnics, reunions, etc.
® Natural look, but user friendly
Protect views of surrounding neighborhoods Including only essential night lighting
Security lighting — only what is required for safety
Develop parking options for 25, 50 and 100 parking spaces
Develop two concepts — one with more turf, one with less turf
Consideration for environmentally sensitive areas
Benches, no picnic tables
Small amphitheater /outdoor reading area for 30 -50 people
Landscaping should consider flowers/trees, location and size for view protection
Drinking fountains
Garden -like area
2001 — PB &R does extensive public outreach meetings seeking and obtaining input on
what elements the park should contain.
January, 2002 — City Council/PB &R joint meeting discussion of park priorities; Back Bay
View Park was determined to be first priority, with Newport Village (Center) second
priority.
Newport Center park
February 27, 2007
Page 4
May 14, 2002 — Study session update from staff on park site. Council directed staff to
develop site plans, take it to PB&R for recommendation, and bring back for Council
review.
May 17, 2003 — in budget review, Public Works Director proposes Newport Center Park
conceptual design budget CIP project of $120,000. CIP approved with. budget adoption
in June.
February 10, 2004 — Joint CounciUPB &R meeting, discussion of park sites.
June 22, 2004 — Council approves $128,950 contract with Hall & Foreman, Inc. of Irvine
to begin Newport Center conceptual park plans.
November 16, 2004 — Preliminary concept plan for park approved by PB &R
January 25, 2005 — Concept plan presented at Study Session, with favorable response
from Council. Council accepts citizen group offer to raise $1M of estimated $1.2101
needed (estimate already one year old).
June 2005 — Volunteer fund raising committee meets 15 times from February through
June to develop fundraising plan; when potential donor surfaces, plan is put on hold.
June 2005 — Potential donor contacts City staff. After preliminary meetings, donor
states his desire to donate $1.2M needed for project.
June 14, 2005 — Council names park site 'Newport Center Parts" and expresses interest
in donor obtaining naming right to the park.
June- August, 2005 Councilmember Selich, staff and Hall & Foreman staff meet with
prospective donor to discuss concept and plans.
September 27, 2005 — Council approves contract with Hall & Foreman, Inc. for
$158,500 to complete park design plans.
December 13, 2005 — City Council forms City Hall Site Review Committee, votes to
exclude the Newport Village site from Committee considerations.
May 23, 2006 — City Hall Site Review Committee reports findings to Council
July 25, 2006 — Bill Ficker gives proposal for City Hall at Newport Center Park site;
Council reaffirms previous vote to exclude park site from consideration.
September, 2006 — New three -part phasing plan for park proposed by Councilmember
Sellch; latest park development estimate of all three phases is $3,753,000 (without
soccer field).
Newport Center Park
Pebmary '27, 2007
Page 6
® February 13, 2007 — Councilmember Selich asks staff to place Newport Center Park
authorization on agenda for appropriation authorization to proceed with development;
Councilmember Webb asked that staff include the option of a soccer field component.
Councilmember Selich asked the following actions be presented to City Council for their
determination:
1. Approval of construction of the park per the currently approved City Council
concept plan, with the addition of the upper parking lot in phases with the middle
phase first.
2. Acceptance of the $600,000 donation towards construction of the middle phase
in exchange for naming rights for the entire park, with the provision that other
naming opportunities will also be available.
3. Conceptual approval to arnend the FY 2006 -07 budget to increase the funding
for the park from $200,000 to $400,000, subject to final construction bids.
4. Direct staff to complete the construction documents for the middle section phase
as soon as possible and put them out to bid.
ZONING DESIGNATION
The site is currently zoned as "Planned Community" in our General Plan. This
® designation's permitted uses are limited to open space, including a public park. City
projects must be consistent with the General Plan.
Submitted by:
Sadum Omer L. Bludau
s Director City Manager
E
City of Newport Beach .
City Council Minutes
February 27, 2007
direct the City Clerk to record the Resolution with the Orange County Recorder.
The' motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tern Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
L. Fl��� COMMENTS
Charles Grifim proposed that the property located at the northeast corner of Campus and Bristol
North would be a suitable location for City Hall and that the property could probably be acquired
through eminent domain.
O. 00 NT1NUEfl1 BUSINESS
23. COUNCIL CONSIDERATION OF WHETHER TO IN171ATE THE PROCESS TO
DEVELOP PHASE 1 OF NEWPORT CENTER PARK 1100 - 20071.
Mayor Rosansky explained the procedures that would be followed for this agenda item.
City Attorney Aaron Harp responded to Bernie Svalstad's point of order concern and Council
Member Webb's response that discussion about where City Hall should be located was not
the focus of tonight's discussion.
City Manager Bludau stated that the issue regarding tonight'a public hearing item is
whether the City Council should proceed with the design and eventual construction of the
Newport Center Park Phase l or, whether Council should maintain the Newport Center
Park site as an option for a City Hall location until such time as Council makes a firm
decision on a City Hall location. He provided a PowerPoint presentation in concert with
staffs report that provided a detailed history of the park site planning and included maps,
diagrams and a cost summary of the proposed project.
Public Works Director Badum spoke stout how the concept and design has progressed and
changed over time and how the estimated cost has increased from $1.2 million about a year
ago to over $3 million today.
Mayor Rosansky recalled that the coat was $1.4 million at the time the donor brought forth
hie offer of $1.2 million to complete the park and that the City would contribute $200,000
toward completion,
Council Member Daigle wanted to know if the donor requested additional improvements for
the $600,000 donation, and if so, the value of the enhancements and bow they have affected
the overall budget. Public Works Director Badum moved forward with his presentation to.
show the costs of improvements and indicated that the original concept did not have a
parking lot. The difference between the northern area and the revised design for the passive
park account for the difference in estimated costs of enhancements. Public Works Director
Badum confirmed to Council Member Daigle that the additional $600,0DO donation is offset
by the design enhance ents,
Mayor Pro Tem Selich said he was involved in proposing the enhancements as a direct
result of input and that the donor was not entirely responsible for the enhancement coat
increases. The original coat was not based on a set of plans.
Mayor Rosansky stated that although the original estimate was not based on a set of plans
Council took its action based on the original estimate.
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City Council Minutes
February 27,12007
Public Works Director Badum agreed with Council Member Webb that there could be a coat
savings if the City were to move forward with the entire project rather than phasing the
project and that the second phase would result in removal of a large amount of landscape
material.
In response to Mayor Rosansky, Public Works Director Badum responded that late last year
and again at the February meeting Mayor Pro Tem Selich requested the proposal be brought
back as a phased. project.
Mayor Pro Tem Selioh explained that the details of the donation have not been worked out
with the donor but believed that. he expected his contribution would be based upon the
completion of Phase I within a reasonable period of time.. One of the action items on the
agenda this evening is to consummate the agreement.
Council Member Webb recalled that the agreement would allow naming rights so that the
concept under the CIP budget was a $1.7 million contribution for a total project cost of $1.9
million with the City contributing about $ 200, 000. Acoording to current estimates the
$600,000 additional contribution would require the City to contribute 86 percent.
Mayor Pro Tem Selich concurred with Council Member Henn that the fundraising would not
be limited and further stated that the idea for naming rights was to allow other major
contributors to have naming rights as well, although he was not aware of any at this time.
Recreation and Senior Services Director Morgan indicated to Mayor Rosensky that he had
been with the City for four months and had visited about 4o of its 64 parks. Approximately
two - thirds of the acreage is passive and the demand for park programs is very strong. The
City is always trying to enlarge the inventory and there are other needs that could be met,
especially for youth. The City owes approximately $3 million on Sunset Ridge
Park. The potential development design consists of an overlay of two baseball fields and two
soccer fields with estimated construction coats of $6 to' $7 million, which is not currently
budgeted for. He felt the athletic organizations would welcome a discussion about
additional active park space.. Recreation and Senior Services Director Morgan responded
to Council Member Daigle that he would assume the General Plan was responsive to and in
line with community needs and 'desires. Prior to tonight's meeting he reviewed the
Recreation Element and felt it was very fair and he would keep the Sunset Ridge Park and
Newport Center Park in the first priority positions because there are approximately 6000
kids that need to be accommodated during each season. He indicated that generally cities
do not have enough park space.
Assistant City Manager Wood reported that the current General Plan designation for the
site is Open Space and would require a vote of the people to change the designation. She
stated that the City a standard is to provide 6 acres of parks and open space for every 1000
residents. Currently there are 10.9 acres needed for Area 9 and there are currently 19 acres
available. The West Newport area requires 64.7 acres and the active park acreage plus the
beach area totals 43.1 acres, leaving a deficit of 21 acres, exclusive of Sunset Ridge
Park.
lbrary Director Katsouleae reported that the library parking problems are legendary and
when the building was originally designed it was intended to be part of a complex that
included a museum that would provide additional shared parking. Programs are limited
due to lack of parking and they lose out on programs because of it.
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February 27, 2007
Council Member Webb said he was concerned with whether the Council should look at
funding a passive park outside of what was authorized in the CIP. He displayed a photo
array of the park inventory and pointed out the views from many of the existing parks. He
felt that the City's money should not be used for passive parks when there wan such a dire
need for active parks and he could not support moving forward with a passive park north of
the library.
Council Member Gardner said this site was deeded in perpetuity as open space. Three
different City Councils have turned away proposals for this site and she felt the City should
stand by its promise to the residents.
Bernie Svalstad supported the park because the public voted to approve the park and not
the soccer field. His committee spent a lot of time fundraising and he felt that in spite of the
fact that half of the value of the donation had been lost there would be sufficient donations
to complete the project
Allan Beek said the site designated as open space would be a good place for a park and, a
very poor place for a city bnD.
Tom Collister urged Council to not approve the site for a park site because it is a high traffic
area with safety concerns that would render it inconsistent with the surrounding
commercial area.
lam Tucker said he is here to promote good decision making and urged the. Council to not
make a decision tonight and further explore finding the beat possible location for city hall.
He said he believed the Park Plus plan was innovative.
Tom Moulson felt the Council had a moral obligation to support recommendation #1.
Shirley Conger supported a passive park above the library and believed the city hall should
be developed nearby on a different site.
BJ Johnson said that the Corona del Mar Residents Association voted in favor of the park
and felt the City Council should move forward. with Phase I tonight. She encouraged the
City to place Council Member Webb's park presentation on Channel 3 to encourage park
usage.
Greg Sullivan supported a park and felt traffic generated by a City Hall on the site would
promote safety concerns and result in additional taxes to the residents.,
Jim Robertson thanked Mayor Rosansky for his Park Plus Plan about the most logical site
for city hall and acknowledged that an earlier Council may have adversely acted to preclude
city hall from this site. He urged Council to vote no and to consider other options for the site
based on the best interest of the City and its residents.
Rim Hendrickson felt the Council should postpone this decision and move forward to
consider the site as the new city hall location.
Barry Allen said that 61 individuals signed a petition this evening in favor of saving the
park and felt the Council should move forward with Mayor Pro Tem Selich's proposal.
Wendy Brooke felt the Park Plus proposal was the perfect solution for the site.
Don Udall supported the park and felt the City should keep its word.
Norm Witt supported the Park Plus concept as a win -win solution and urged Council to take
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City of Newport Beach
City Council Minutes
February £7, 2007
no action on the park development tonight.
Joe Garrett supported the park and supported the Park Plus program as a win -win solution
that would provide a crown jewel for the community.
Scott Calder said he supported the Park Plus proposal and could not understated why when
a better idea was presented the Council would not give it full consideration.
Mary Barrett Blake asked Council Members to open their minds, listen to the residents and
support the Park Plus Program because it would create an incredible community center site.
Novelle Hendrickson supported the Park Plus program and took exception with portions of
staffs report because there was never a public hearing on'the matter during regularly
scheduled City Council meetings.
Val Skoro encouraged approval of Phase I and pursuit of the OCTA as a site for city hall.
Gladys Wolcott said this Council voted for a park and asked Council Members to keep their
word and build the park.
Debbie Stephens said this site has always been designated as a park site.and the Council
should move forward and build the park.
Dick Marowits offered his full support to the Park Plus program that he believed made fiscal
sense. He urged the City Council not to take a vote on this issue until full study of a city
hall and park was completed.
Hugh Logan urged the City Council to vote yes on Phase I.
Jack Croul felt the site was not suitable for a park but that it would work well for a city hall
and the site could include a 9-acre park.
Dan Guggenheim supported the Park Plus proposal and encouraged everyone to consider
the possibility that the City could have both a new city hall and park because it would fulfill
the needs of past and present Councils and provide value to all residents of Newport Beach.
Craig.Batley urged the Council to delay making a decision, study the matter and continue
the debate.
Gene O'Rourke felt the issue before the City Council was that it should wait four months to
make a decision about whether the site should include a city hall and park.
Marcia Doesey supported the shared use plan proposed through the Park Plus program and
asked the City Council to vote no on tonight's proposal.
Richard Cabin was opposed to considering a city hall on the site and urged Council to vote
yes and proceed with Phase 1.
Larry Porter said the City Council should proceed with construction of the park.
John Moftakhar felt a municipality should be flexible in its decision-making process and
believed it would be cost prohibitive to hold a special election for a city hail at the site.
Jo Vandervort encouraged the Council to delay its decision and not be pushed into making a
decision at this time.
Mike Johnson said he was in favor of moving the current city hall site and liked the concept
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City of Newport Beach
City Council Minutes
February 27, 2007
of efficiency of economies proposed via the Park Plus program.
John Heffernan said he was part of the Council who voted in 2005 to remove this site from
consideration for City Hall and he now realizes he made the wrung decision. He spoke in
support of mixed-use option with the park and city hall at the location and urged the
Council to study it further.
Leonard Lane asked Council to keep its commitment and move forward with the park.
James Turner supported the Park Plus program.
Barbara Birney felt everyone could be satisfied with a mixed-use of the site.
Bob Shelton believed it was never a mistake to take time to consider all options. The most
important promise would be to withhold a vote until all sides were fully vetted and
considered.
Debra Allen said she supported speakers who asked the Council to keep their promise to
build a park and the problem with a mixed -uee proposal was that the city ball would, take a
big chunk out of the middle of the grassy area.
Dr. Jan Vandereloot, speaking on behalf ofSPON, said this site was designated open apace
and limited to park use and therefore the City Council should keep the public trust and
develop the park,
Dr. Jack Skinner believed that the proposed dual use has merit and should not be so quickly
dismissed this evening.
Helen McGr uder said the City Council has a duty to serve the entire community. The
Council should take no action until it commits to a final location for a city hall.
Nancy Skinner,said she would not support a plan to override a promised park unless a far
superior plan were proposed and she would like the opportunity to review a full proposal for
a mixed use on the site and urged Council to postpone its decision for four months.
John Connelly felt it was reasonable, practical and responsible for the Council to consider all
options and to do otherwise would not be in the beet interest of the City and its residents.
Christine Carr felt the Council should move forward with the park.
Steve Brahs, member of the Site Selection Committee, said he felt there was no better site
for a city hall and a vote for Phase 1 would prohibit further consideration of a city hall on the
site.
Tim Brown said he strongly supported a passive park on the site and believed it was a clear
recommendation of the Parks, Beaches & Recreation Commission.
Bill Picker presented 250 signatures in support of asking the City Council not to proceed
with the park design and construction until the city hall issue is resolved. He indicated that
his plan includes having a park and city hall on the site and an urban park on the current
city ball site.
Charles Griffin wanted the City Council to move forward with Phase I and said the obvious
location for city hell wee the airport industrial area.
Laura McCant said a good arthitect could design the site to accommodate a city hall and a
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City Council Minutes
February 27, 2007
park and that it was fiscally responsible to build a city hall at that location.
Mayor Pro Tem Selich said after listening carefully he came to the conclusion that the easy
way was to continue the matter and the right way to handle this situation was to move
forward with the park. He said one of his first tasks when he joined the City Council was to
build this park and said there are plenty of options in Newport Center. for City Hall,
Motion by „blayor_P -mT= Selich to direct staff to proceed with the preparation of plans
and specifications for the bid package for Phase I of the Newport Center Park as follows. 1)
approve construction of the park per the currently approved City Council concept plan, with
the addition of the upper parking. lot in phases with the middle phase first; 2) acceptance of
the ,$600;000 donation towards construction of the middle phase in exchange for naming
rights for the entire park, with the provision that other naming opportunities will also be
available; 3) conceptual approval to amend the FY 2006 -07 budget to increase the funding
for the park from $200,000 to $400,000, subject to final construction bide; and. 4) direct staff
to complete the construction documents for the middle section phase asecon as possible and
put them out to bid..
Mayor Pro Tem Selich clarified that his motion did not include the consideration for a soccer
field.
Recreation and Senior Services Director Morgan noted that' neighborhood residenta and
library patrons would most likely utilize the passive park and the amenities would dictate
the types of uses. Mayor Roeansky said he has not seen a conceptual plan, therefore it
would be difficult to vote on the issue. Access would include a 234 -foot switchback ramp
that would climb 30 to 40 feet from the library to the top of the hill.
Council Member Webb said that a large area of manicured grass would require a great deal
of maintenance. He asked if a soccer field was located in the area would there be more use
and Recreation and Senior Services Director Morgan 'responded that there could be four
teems at the same time during practice days and a soccer field would draw mots individuals
than a passive park use.
Public Works Director Badum reminded Council that the conceptual enhanced plan was
shown during staffe, report and that about 70 percent of the plan was complete. Public
Works Director Badum responded that the direction to staff was to include beaches and not
picnic tables, no lighting, more turf and parking spaces to accommodate the library.
Public Works Director Badum explained that phasing was an idea that was brought up late
in the game and that there was no construction plane for phasing.
In response to questions about redesigning the park, Mayor Pro Tem Selich said he believed
the oommitment the Council made previously was in accordance with the proposed
conceptual plan.
Council Member Webb said the reason the Council is taking time to consider this proposal is
because this is a passive park that would require a substantial amount of money that could
be used to construct active parks. He felt the Council should be very concerned about the
cost benefit ratio of a passive use that is by definition not a destination park and for the
Council to approve Phase 1 it aught be wasting considerable capital.
Substitute emotion by Council Meurber Webb to take no action on park development
until such time as the City Council commits to a final location for a new city hall.
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City Council Minutee
February 27,2007
Council Member Daigle said she recognized the passion and commitment by park
proponents, however given the uncertainty about the coat and phasing as well as competing
priorities, she recommended this matter be tabled until June when the Council could look at
its budget for the ensuing year.
Council Member Curry spoke in opposition to the substitute motion and said that during his
campaign he clearly stated his position that he would support the park. He said he was
disappointed with the leadership tonight because the community has been needlessly
divided. It comes down to whether the Council would support the park and put the City
Hall at another location. This is a matter of trust going back to 1990 and he is committed to
having a park at this site.
Council Member Henn said he read and considered'every email and felt it was his mandate
to consider all issues and input throughout the evening. He stated that it is too early to
conclude what is the beet location for City Hall since it is a complex issue that deserves a
great deal of consideration. No matter where it goes the cost is likely to be $50 million or
more. He rejected the notion that people who live near Newport Center Park are somehow
acting in a selfish and narrow manner and their views are to be discounted and said that
anyone who lives in or near any project that involves intensive land use are entitled to
express their views. After viewing the parka with Council Member Webb it was clear that at
least half were not often visited and %bang for the buck" is not the decision rule. He spoke of
integrity and stated that the Council needs to act with integrity over time and the first point
is that this site has been envisioned as a passive park for 15 years or more. The second
commitment is that the City just completed and endured a hard fought election and the
voters approved a General Plan for the first time in 25. years. The General Plan included a
vision for open space and parks and was a balanced plan.that should only be changed for the
highest standard. He indicated he would vote for the original motion and against the
substitute motion.
Mayor Rosansky explained that hie questioning of staff was an attempt to elicit information
that has not been before the public. Although he had previously voted to keep City Hall in
its current location, after reviewing his actions he was willing to correct them if they were
not appropriate at the time. The General Plan says that the City has a surplus of passive_
parks and if the Council is to consider its limited resources it should look at economies of
scale. He spoke of the Council's fiscal responsibilities. He indicated that he is a proponent
of parka and a proponent of a park in this location and nothing has been said tonight about
not building a park at this site. Thousands of residents use the Library on a regular basis
and according to the director there is a huge need for additional parking. He reiterated who
the basic users of the park would be and noted that there is no direct connection between the
proposed park and the Library except a long upward winding ramp or staircase. 3n reference
to the time it has taken to build this park, he noted that the land was dedicated in 1992 and
if there was such a great need for this park it would have been built 10 years ago and people
would not be asking to put City Hall, senior apartments, etc. on the land. Mayor Roeansky
said he is Chairman of the Building Committee and the committee has looked at many sites
and the bottom line is that none of those sites panned out. Referencing past promisee and
the commitment to keep them, he noted that on May 27, 2008 and again on February S.
2006, the City Council voted 6.1 to keep City "Hall at its current location. He explained that
the City Council is not keeping that promise because there is new information that has
indicated there might be a better location for City Hall. He felt the only promise was that
there would be nothing else on the site. The site review committee looked at more than 20
sites and most people feel that the site in question is the best site for City Hall. However, it
is incumbent upon this Council to not move forward with funding of this park tonight when
there is a clear need for use of these funda in other areas of the City.
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City Council Minutes
February 27, 2007
Council Member. Gardner took exception to Mayor Rosansky's characterization that e
positive decision on this matter was 'politically expedient."
Council Member Daigle asked if any consideration would be given to changing the phasing
so the parking lot would be built first.
The substitute motion failed by the fallowing roll call vote:
Ayes: Mayor Rosanaky, Council Member Webb, Council Member Daigle
Noes: Council Member Henn, Council Member Curry, Mayer Pro Tem Selich, Council
Member Gardner
The motion carried by the following roll call vote:
Ayes: Council. Member Henn, Council Member Curry, Mayor Pro Tem Selich. Council
Member-Webb, Council Member Gardner
Noes: Mayor Rosansky, Council Member Daigle
The Council recessed the meeting at midnight and reconvened at 12:10 a.m. with all
members present.
K. ' PUBLIC HKARINQ
21. IN -LIEU PARK DEDICATION FEE ADJUSTMENT - APPRAISAL OF EASTBLUFF
AND BOB HENRY PARK 1100- :0071.
Dr. Jan Vanderaloot felt the City should get part of the money from the park in -lieu fees and
felt it was perfectly reasonable for the City to increase the fees paid by the homebuilders. .
Motion by Council_Mgtg6er Wehb to continue this item.
The motion carried by the following roll call vote:
Ayes: Council Member Hem Council Member Curry, Mayor Pro 'Tem Selich, Mayor
Rosanelry, Council Member Webb, Council Member Daigle, Council Member Gardner
22. �I.AN,1V1 V�G COM %IS3ION AOENIJA FOR FEBRUARH 2& 2 ®QT_ 1700400211 - No oral
report provided.
P. CURRENT BUSINESS
326. COMMUNITY PROGRAMMING EQUIPMENT; BUDGET AMENDMENT 1100 - 20071.
Assistant City Manager Kiff reported that this is a recommendation that the City invest in
cameras and editing equipment to continue the City's programming efforts. Time - Warner
00
has contributed $400,000; Cox $6,000, and Time-Warner will provide 10 -year ongoing
support for $90,000 to $100,000 per year.
Volume 58 - Page 67
CITY OF NEWPORT BEACH
Parks, Beaches B: Recreation Commission
Regular Meeting
August 2, 2005- 7pm
Convened 7;11pm
ROLL CALL
Present: Debra Allen
Tim Brown
Allen Doby
Bill Garrett
Phillip Lugar
Greg Ruzicka
Val Skoro
Tom Tobin
Staff: Marie Knight, Recreation & Senior Services Director
Mark Harmon, General Services Director
Michael Pisani, Deputy General Services Director
Dan Serreno, Parks @ Tree Superintendent
Teri Craig, Administrative Assistant
Director Knight introduced new General Services Director Mark Harmon to the Commission.
Director Harmon stated that he wanted to thank his team at the City of Newport Beach and noted that
it was probably a well worn phrase when you say welcome to the family but in the two days that he has
been in place he stated that he has truly felt like family. He went on to say that he has been fortunate
enough to be asked to be the new General Services Director and that he has spent the last 10 years with
the City of Claremont as the Community Services Director and noted that as that Director he was asked
to do many of the things that the General Services Director does here with the exception of the beach.
He stated that the beach aspect would be something new to learn. Director Harmon again stated that it
was truly an honor and privilege to work for the City of Newport Beach. He also noted that he has
worked for the cities of Pasadena and Santa Maria and spent about 22 years in municipal service and
the change here is the most exciting and looks forward to working with the directors and the
Commission.
PRESENTATION TO OUTGOING COMMISSIONERS
Director Knight stated that the next order of business is somewhat melancholy because we have to say
good- bye to someone who has been a commissioner for 8 years and has been very active. Commissioner
Skoro thanked the Commission and stated that he had been so lucky to have worked with such great
staff and that they deserve a raise. He stated that he has been fortunate to have worked on the
development of 6 parks, with 4 of them being dedicated and working on the G -1 Policy. He stated that
he will truly miss being a part of the Commission but that he would stay active.
Commissioner Ruzicka stated that he would like to interject a comment and that is it is difficult to
preface these comments adequately with the sincerity that they clearly deserve. He went on to say
that he wished Commissioner Englebrecht were here tonight. He asked how can you characterize these
two gentlemen like Val and Roy, the term gentleman is almost condescension, class, integrity, wit,
dedication to cause are all clearly appropriate. He stated that what could be said except consummate
gentlemen, the epitomy of class. Several years ago he stated that he had believed that term limits were
a good idea but tonight he stated that he is not too sure. He noted that he believed that he spoke for
the entire Commission and hopefully the entire City when he said Job Well Done with extraordinary
dedication and distinction. He went on to say the he salutes Commissioners Skoro and Englebrecht on
jobs well done; far beyond the call of duty. He stated that he would sincerely miss both of their cogent
and salient insights on any matters in the City.
Parks, Beaches Et Recreation Commission
Regular Meeting
August 2, 2005- 7pm
Page 2
Chair Tobin stated that they are a real class act.
Evelyn Hart, Liaison for the Friends of OASIS thanked Commissioner Skoro for his support of the Friends
OASIS and personally for his community outreach and passion for parks. She stated that she was sorry
that Commissioner Englebrecht was not here as she had thought he always worked towards setting good
policy and noted that Director Knight and her staff do an excellent job. She went on to say that in the
mail Commission Skoro would be receiving a membership card for the Friends of OASIS that will be good
for the next two years.
SEATING OF NEW COMMISSIONERS
New Commissioners Doby and Lugar took their seats and gave a brief background about themselves.
ELECTION OF OFFICERS
Chair Tobin opened the nominations for Chair for FY 2005106.
Motion by Chair Tobin to elect Commissioner Ruzicka as Chair.
Commissioner Ruzicka made a few opening comments and he stated that he would make every
effort to distinguish himself as Chair.
Hearing no other nominations, Chair Tobin closed the nominations for Chair
Ayes: Atten, Brown, Doby, Garrett, Lugar Ruzicka, Tobin
Motion carried.
Chair Ruzicka opened the nominations for Vice Chair for FY 2005 /06.
Motion by Chair Ruzicka to elect Commissioner Garrett as Vice Chair.
Hearing no other nominations, Chair Ruzicka closed the nominations for Vice Chair
Ayes: Allen, Brown, Doby, Garrett, Lugar Ruzicka, Tobin
DIRECTOR'S COMMENTS
Director Knight stated that she had just a couple of updates regarding Sunday Funday on August 20 at
Bonita Canyon Sports Park reminding the Commission that this event began with the opening of Bonita
Canyon and it was so much fun that it was decided to make it an annual event. She announced that the
tennis courts at Mariners Park should reopen next week and the library is of course still under
construction. She invited the Commission to hear the Jumpin Jozz Band that will be playing at the
OASIS Senior Center on August 14 for $3.
Director Harmon stated that since it was just his second day he really did not have much to report.
PUBLIC COMMENTS
None
CONSENT CALENDAR
Parks, Beaches ft Recreation Commission
Regular Meeting
August 2, 2005- 7pm
Page 3
1. Minutes of the June 7, 2005 regular meeting. waive reading of subject minutes, approve as written and order
filed.
2. Item pulled by Commissioner Garrett
3. Recreation & Senior Services Activity Report. Receive /file monthly Activity Report for activities and upcoming
projects.
Motion by Commissioner Brown to accept items 1 and 3 of the Consent Calendar. Motion carried by
acclamation
Park and Tree Division Activity Report. Commissioner Garrett asked staff questions regarding tree
trimming at Cliff Drive Park. He stated that he was assuming that the tree trimming had met with
resident's approval and asked for insight.
Jan Vandersloot stated that he had looked at the trees before and after and believes that staff did ,a
good job and hoped that it would last and that possibly there could be a couple of view blocking
trees that might need attention and hoped that the residents were satisfied.
Motion by Commissioner Allen to accept item 2 of the Consent Calendar. Motion carried by
acclamation.
NEW BUSINESS
4. Marina Park - Director Knight stated that this item is a presentation and noted that the Commission
may know that there was an Ad Hoc Committee appointed to discuss future use of the Marina Park
project and have been meeting for several months and some organizations including your
Commission made a presentation to that Ad Hoc Committee as to their thoughts on how that land
should be utilized in the future. She noted that Protect Our Parks and has asked to make a
presentation to the Commission tonight and were told they could give a 5- minute presentation and
entertain any questions that the Commission might ask. She stated that this is an informational
report only and the Commission will not be asked for any action.
Chair Ruzicka reiterated to Tom Billings that this item is limited to 5- minutes.
Presentation was made by Tom Billings stating that this is normally a 30 -40 minute presentation and
introduced their executive committee. He stated with Measure L defeated and that this area being
designated as REOS as recreation; environmental open space and can now feel confident that it will
be used as a park. He stated that the handout goes through the park requirements but gave a brief
overview and noted that they had done a lot of outreach in the past 6 months and summarized three
key components: 1) needs to be open to the entire community; 2) not a park for revenue it should
be only about the use by the community; and 3) that it be oriented around marine recreation suited
to the express needs of the people in that area. He reviewed the rendering entitled Window to the
Bay and noted that it is broken into 3 zones - the right is for marine recreation - the middle is the
window to bay - and the left side is called the children's zone which includes the girl scouts,
playground tot lot and picnic area. Mr. Billings stated that what people wanted for the right side is
access to the bay for kayaks, sailboats and canoes but not for motorized boats and in addition he
stated that they had met with the Recreation Department and got some feedback on how to expand
the City's sailing program. He stated that the area is being changed and would be more oriented to
a floating dock and is more oriented to the City sailing program, boat storage, meeting and class
rooms. So the right side incorporates a much expanded facility for City program and possibly co use
Parks, Beaches & Recreation Commission
Regular Meeting
August 2, 2005- 7pm
Page 4 _
by the UCI sailing center. The middle would be a window to the bay and that there would not be as
many tree that are depicted in the rendering and to the left is the children's zone is a tot lot with
an expanded facility for the girl scouts which they need, He stated that this is what they are all
about and looking for support.
Commissioner Doby asked questions about parking.
Mr. Billings stated that there were 120 spaces available and then the girl scouts have their own
reserved area at the end.
Commissioner Garrett asked if the transient docks would be administered by the Harbor Patrol or by
the City.
Mr. Billings stated that it probably would be used as it is today but that it could change.
Commissioner Garrett asked if the aquatic center would be similar to the Newport Aquatic Center
where the public can store kayaks, etc.
Mr. Billings stated that after discussion with Superintendent McGuire that it would encompass a
variety of uses and that the City would work on the configuration of that area.
Val Skoro stated that there should be a-significant window to the bay.
Director Knight stated that she is disappointed that Protect our Parks failed to recognize that there
are two facilities currently operating on the Peninsula and that there are many City programs that
operate out of a building on the Peninsula and would hate to see an expansion of a facility for youth
from all over Orange County to the detriment of a facility that currently serves Newport Beach
youth. She asked Mr. Billings that as they move forward with these presentations to please
recognize the fact that there are current programs serving the youth of Newport Beach at that
location and we do graciously as a City provide a home for the Girl Scouts of Orange County however
she takes exception to the expansion of their facility and the elimination of a facility that serves the
residents of Newport Beach.
Mr. Billings stated that he agrees 100% and that they went down the wish list they tried to be
everything to everybody and are now learning that they cannot be that and that the City must and
should come first and apologized that they did not talk to Recreation first and that this plan is
certainly subject to change.
Chair Ruzicka opened the public discussion, hearing none the discussion was closed.
5. Eagle Scout Project at Irvine Terrace Park - Parks is Tree Superintendent Sereno stated that Eagle
Scout Justin Towers has done a lot of leg work on this project including meeting with the
homeowner association and invited him to do a brief presentation to the Commission.
Justin Towers stated that he would be building a 500 foot fence around the perimeter of Irvine
Terrace Park and would be a split rail type fence. He stated that the reason for the fence is to stop
cars from driving onto the grass area of the park. Mr. Towers stated that Parks staff had suggested
this project to him and that it had taken him a little over a year of working on it and hoped that the
Commission would support this project.
Parks, Beaches Et Recreation Commission
Regular Meeting
August 2, 2005- 7pm
Page 5
Commissioner Allen stated that she was very impressed with the outreach and commended him for
that and stated that they must have been impressed that the HOA would donate but that the
president donated to the project.
Chair Ruzicka opened the public discussion
Val Skoro stated that he is on the Irvine Terrace Board and that they had heard this presentation
and had also been impressed by this young man. He stated that the fence would be built under City
control and endorse the project.
Chair Ruzicka closed the public discussion
Motion by Commissioner Allen to approve the request by Eagle Scout Justin Towers to construct
and install fence railing at Irvine Terrace Park. Motion carried by acclamation. .
6. Temporary Lights at Mariners Park - Director. Knight stated that AYSO 97 has requested to use
temporary lights at Mariners Park from October 1 to December 11 from dark to 8pm. She noted that
this request has been made in the past and approved and that there are some restrictions on the
lighting. One of the lights would be at the existing library shining west towards the middle of the
field and the other would be placed closer to the school with it shining east towards the middle of
the field and no lights at any time would shine towards the homes on Mariners Drive. She noted that
AYSO 97 has been very diligent in working with the neighbors to be sure that the lights are not
intrusive and have accommodated those requests in the past.
Commissioner Doby asked if the noise from the generators had caused any problems with the
neighbors in the past.
Director Knight stated that staff have not received any complaints in the past and are generally
placed far enough away from the homes to not cause any problems.
Chair Ruzicka opened the public discussion
Jeff Braun, AYSO 97 stated that this is very important to AYSO because they are comprised of about
1800 children, 1000 of them reside in Newport Beach. He stated that they currently have access to
only 3 fields, Manners, Bob Henry and Peninsula Park and not one of those have lights. He stated
that it is a virtual impossibility to accommodate those 1800 children without the use of lighting. He
stated that AYSO 57 has allowed them to use Lincoln on Tuesdays and Thursday from 6 to 9pm. He
stated that the purpose of having lighted fields is to allow the younger children the use during day
light hours and allow the older ones to practice under lights. He noted that the schools with
Measure A do not provide access to the fields to AYSO until 5:30pm and do not allow any temporary
lighting.
Tom Anderson and his daughter Paige spoke recommending the approval of temporary lights.
Chair Tobin closed the public discussion
Motion by Commissioner Doby to approve the request by AYSO 97 to use temporary lights at
Mariners Park from October 1 to December 11, 2005 from dark to 8pm. Motion carried by
acclamation.
Parks, Beaches Ei Recreation Commission
Regular Meeting
August 2, 2005 - 7pm
Page 6
COMMITTEE REPORTS
Finance - Nothing to report
Park Development - Commissioner Allen stated the park behind the Central Library has been named
Newport Center Park and that an anonymous donor is willing to underwrite the development of that
park. Sunset Ridge is still on track.
Rec & Open Space Element - Nothing to report,
Recreation Activities - Nothing to report.
Seniors - Nothing to report
Beach Activities - Commissioner Garrett asked that a meeting be set up once Director Harmon gets
himself acquainted. He stated that he would like to have a discussion to consolidate some of the
committees.
Ad Hoc
- Community Service Award - Nothing to report. Discussion ensued regarding efforts that have
been made to get names but it has not been very successful. Discussion ensued regarding the
possibility of expansion. Director Knight stated that the Daily Pilot has not printed press releases
and that possibly the Commission could forward a letter. She stated that there is a difference
for news and a call for news.
- Special Tree Committee - Nothing to report.
- Youth Sports Liaison - Nothing to report.
Donation - Nothing to report.
FUTURE AGENDA ITEMS
1. Commissioner Garrett asked that an agenda item be listed to discuss that some of the committees
be consolidated or eliminated.
2. Commissioner Garrett asked for an informational report on Marina Park at next meeting
3. Director Knight stated that a status report would be given on the volleyball on the beach issue.
Director Knight stated that the Recreation Department has been extremely impacted by the Centennial
and are the lead department in helping to plan the activities. The Launch is October 2 at the Newport
Dunes featuring the Beach Boys from 1lam to 5pm and that the final event will be October 8, 2006
ADJOURNMENT- 8:28pm
Submitted by:
Teri Craig, Admin Assistant
CITY OF NEWPORT BEACH
Parks, Beaches Et Recreation Commission
Regular Meeting
November 10, 2005- 7pm
Convened 7 :11 pm
ROLL CALL
Present: Debra Allen
Tim Brown
Allen Doby
Bill Garrett
Phillip Lugar
Greg Ruzicka
Val Skoro
Tom Tobin
Staff: Marie Knight, Recreation 8 Senior Services Director
Mark Harmon, General Services Director
Dan Serreno, Parks Et Tree Superintendent
Randy Kearns, Parks Et Trees Supervisor
Kevin Pekar, Crew Chief
Andrea McGuire, Recreation Superintendent
Teri Craig, Administrative Assistant
DIRECTOR'S COMMENTS
Director Knight stated that staff did live through the October 2 kickoff and thanked Mark Harmon and
the General Services staff for all their hard work leading up to the event and turned the beach at the
Dunes into something remarkable and next is the float for the Rose Parade and asked that the
Commission spread the word around that we are looking for volunteers to help decorate the float the
week between Christmas and New Years.
Director Harmon thanked Director Knight for his comments regarding the General Services staff and
noted that the morning after the kickoff there was a thank you email from Director Knight thanking all
the staff. Ho noted that eagle scouts Max Moosman and Justin Towers had been recognized at City
Council last week for their projects at Castaways and Irvine Terrace. He updated the Commission on the
Beach Maintenance crews.
PUBLIC COMMENTS
None
CONSENT CALENDAR
1, Minutes of the August 2, 2005 regular meeting. waive reading of subject minutes, amended as discussed.
2. Item pulled by Commissioner Lugar
3. Recreation fY Senior Services Activity Report. Receive /file monthly Activity Report for activities and upcoming
projects.
Motion by Commissioner Brown to accept items 1 and 3 of the Consent Calendar. Motion carried by
acclamation
2. Park and Tree Division Activity Report. Commissioner Lugar asked staff questions regarding median
maintenance specifically along on Jamboree that the Spanish paving accent strip needs some repair
and asked if the contract covered these types of repairs.
Supervisor Kearns stated that it was not covered by the maintenance contract and that the area
discussed would probably be repaired in two years or so.
Parks, Beaches Bit Recreation Commission
Regular Meeting
November 10, 2005- 7pm
Page 2
Motion by Chair Ruzicka to accept items 1 as amended and 2 and 3 as provided. of the Consent
Calendar. Motion carried by acclamation.
NEW BUSINESS
4. Naming of the Park Site located at Mesa Drive and Birch Street - Director Knight stated that the
Commission has an item tonight that requires you to forward suggested names to the City Council
for the park that is located in Santa Ana Heights. We brought this to you at the May 3, 2005
Commission meeting staff and presented conceptual plans for a new passive park located in the
Santa Ana Heights annexation area on the corner of Mesa Drive and Birch Street. She noted that
the park was discussed at the October 18, 2005 Park Development Committee meeting. It was
decided that the following names. would be forwarded to the Commission td' discuss at' the
November 10, 2005 meeting:
Mesa Park
Santa Ana Heights Park
Tongva Park
Upper Bay Park
Upper Bayview Park
She stated that the Commission may choose any or all of these potential names to forward to
the City Council for their consideration or add others to the list as welt.
Discussion ensued regarding the names but Director Knight noted that we already have a park in
the area named Bayview Park.
The Commission requested that staff add Bay View Heights to the list and delete Tongva, Mesa
and Upper Bayview from the list.
Chair Ruzicka opened the public discussion
Jan Vandersloot stated that he had distributed some pictures showing a sign naming the park —
Bay View Heights. He also noted that the palette did not include some of the natives that are
already there.
Laura Curran stated that overall the park has a good plant palette but noted that the
Commission should consider removing California Pepper tree because it is a Peruvian tree and
not part of the palette that has been approved and can cause damage in sidewalks. She also
noted that by leaving the current natives there and adding the new ones will give them a better
chance of surviving.
Chair Ruzicka closed the public discussion
Motion by Commissioner Tobin to forward to the City Council for their review — Bay View Heights,
Santa Ana Heights and Upper Bay Park. Motion carried by acclamation.
5. Eagle Scout Project at Arroyo Park - Parks 8 Tree Supervisor Randy Kearns and Crew Chief Kevin
Pekar introduced Eagle Scout Anthony Maralle. Eagle Scout Marelle stated that his project would be
Parks, Beaches & Recreation Commission
Regular Meeting
November 10, 2005- 7pm
Page 3
to restore a portion of the trail at Arroyo Park which would make the surrounding area more
accessible and inviting to park visitors. A brief power point was presented to the Commission.
Chair Ruzicka opened the public discussion
Jan Vandersloot and Laura Curran offered some suggestions. Chair Ruzicka suggested that Mr.
Marrelle contact them.
Motion by Commission Allen to approve Eagle Scout Anthony Marelle project of restoring apportion
of the trail at Arroyo Park. Motion carried by acclamation.
6. General Plan Update - Recreation Element - Director Knight stated that Sharon Wood, Deputy City
Manager would be reviewing input that had been made by the Council last week. She noted that
the Recreation element had not been updated since 1998 and that there were no new major
changes tonight but that some had been moved around and policies had been strengthened.
Deputy City Manager Wood reviewed each change tot eh Element that had been made with the
Commission.
Chair Ruzicka thanked Sharon Wood for the presentation and that they looked forward to the final
document.
Park & Street Improvement Donations - Council Policy G -5 - Director Harmon stated that City
Council Policy G -5 (Park and Street Improvement Donations) was adopted in July 1992 to
delineate the procedures for donations related to City park and street improvements, such as
benches and trees. At the October 5, 2004 meeting, the Parks, Beaches, and Recreation
Commission directed staff to forward the proposed changes to Council Policy G -5 to the City
Council. Staff presented the policy to City Council at their December 14, 2004 meeting. In
response to the policy recommendations, Councilmember Webb provided his comments to the
draft Policy. At that meeting, the Council recommended that the PB &R Commission review
Councilmember Webb's ,suggestions, and to return to the Council with the Commission's
recommendations. Due to staff changes, it was shelved, but tonight staff recommends the
following:
• To reestablish an ad hoc committee to review Council Policy G -5 (Park and Street
Improvement Donations); and
• Allow the General Services Director to -accept tree and bench donations under the
current Policy while the ad hoc committee develops recommendations for changes.
Chair Ruzicka stated that what they really wanted was the list included tonight where benches
could be placed throughout the City where the Commission.
Commissioner Garrett stated that a lot of the numbered streets on the Peninsula had been
forgotten.
Director Harmon stated that the list included tonight was just the beginning and would continue
to be worked on with other items included such as water fountains. He stated that it would be
a couple of months before staff would bring the final recommendations to the Commission.
Parks, Beaches Et Recreation Commission
Regular Meeting
November 10, 2005- 7pm
Page 4
Chair Ruzicka stated that he is looking forward to some other creative ideas other that just
plaques that could be used as recognition. He also asked that the following wording be added
that "the Arts Commission shall when requested and is able to provide. design, review and
assistance.
Director Knight stated that as Director Harmon had requested they are asking that the
Commission establish an Ad Hoc Committee to discuss that and other suggestions before making
a complete report to the Commission.
Chair Ruzicka asked that we table this item until staff is ready to bring it back in several
months.
Commissioner Tobin stated that the Peninsula Association had put a moratorium on all new
benches in the area because of the influx of them.
Director Harmon stated that all bench requests go through the Associations before coming to
the Commission for approval.
Director Knight stated that we will need to assign members to the committees when we get'to
that item.
Motion by Commissioner Garrett to reestablish an ad hoc committee to review Council Policy
G -5 (Park and Street Improvement Donations); and allow the General. Services Director to
accept tree and bench donations under the current Policy while the ad hoc committee develops
recommendations for changes. Motion carried by acclamation.
Beach Volleyball Status Report - Director Knight stated that on June 24, 2005, staff and the
Recreation Activities Committee met with the community members from the surrounding areas
between 14th - 16`h Street where the 3 beach volleyball courts were proposed for placement. The
meeting was held on site so all interested parties could get a better understanding of what was
being proposed. She noted that at this meeting, residents were able to express their opposition or
support for the additional courts which would be used as a beach volleyball teaching center.
Overwhelmingly, the residents were against the additional courts being added, objections included
parking, congestion; noise and additional activity on an already crowded area of the beach.
Director Knight stated that staff and members of the Recreation Activities Committee discussed
further options available but recognizing that community support would be essential to have this
plan approved, it was decided to table the item indefinitely. As the Commission may recall, staff
has attempted to place additional volleyball courts in other locations along the beach in the past
and have been met with similar resistance.
Director Knight stated that staff recommends that further discussions be tabled regarding the
relocation of volleyball courts until plans for beach amenities at CdM State Beach have been
finalized with respect to the current renovation project there. Staff anticipates the community
outreach on the CdM beach amenities will begin in December or January.
Parks, Beaches B: Recreation Commission
Regular Meeting
November 10, 2005- 7pm
Page 5
COMMITTEE REPORTS - Discussion of consolidation of committees /appointments
Chair Ruzicka stated that we need consolidate the committees. Discussion ensued and it was decided
that the following would be appointed; if needed others could be established at a later date:
Finance - eliminated
Park Development - Commissioners Allen, Brown and Doby appointed.
Rec Et Open Space Element - eliminated.
Recreation /Senior Activities - Would include senior activities and Commissioner Brown, Doby and
Lugar would be appointed.
Seniors - eliminated.
Beach Activities - eliminated with the caveat that those activities would be included in the activity
report each month.
Ad Hoc
Community Service Award - Nothing to report but that staff would forward names at the next
meeting. Chair Ruzicka and Commissioner Garrett appointed.
Special Tree Committee - eliminated
Youth Sports Liaison - Chair Ruzicka appointed.
Donation - Chair Ruzicka, Garrett and Tobin appointed.
FUTURE AGENDA ITEMS
Chair Ruzicka stated that he believed since the Park Patrol and the other Maintenance Worker had been
hired that it seemed that the Commission did not need to do the annual Park Facility review.
Director Knight stated that the reason behind this was two fold - 1) is to actually get the Commissioners
out to the park with a new set of eyes; and 2) and to give the Commissioners a greater knowledge of
the parks that are under your purview.
Commissioner Tobin stated that he does not believe that he has ever gotten feedback on any of the
issues that he has provided in the past and believes that with the added staff members that he would
rather not do it.
Director Knight stated that since this is not on the agenda the Commissioners can decided to do it or
not and it will be discussed at a future meeting.
Director Knight stated that a report is made available every year.
Director Knight stated that the next meeting in December will have to be changed as the General Plan
Update Committee will meet on December 6, 2005.
Chair Ruzicka suggested that the Commission go dark in December.
ADJOURNMENT- 8:26pm
Submitted by:
Teri Craig, Admin Assistant
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
Regular Meeting
March 6, 2007 - 7pm
Convened 7:06pm
ROLL CALL
Present: Tim Brown
Bill Garrett
Marie Marston
Greg Ruzicka
Cristine Trapp
Absent Debra Allen
Phillip Lugar
Staff: Wes Morgan, RSS Director
Mark Harmon, General Services Director
Dan Sereno, Parks & Tree Superintendent
Teri Craig, Admin Asst
COMMUNITY SERVICE AWARD PRESENTATION
A plaque and certificates were presented to the OASIS Travel Volunteers/
o A plaque and certificate was presented to Hannah Rebekkah Dean.
PUBLIC COMMENTS
None
CONSENT CALENDAR
1. Minutes of the February 6, 2007 regular meeting. waive reading of subject minutes, approve and order filed.
2. Park and Operations Division Activity Report. Receive /file monthly Activity Report for activities and upcoming
projects. ..
3. Recreation a Senior Services Activity Report. Receive /file monthly Activity Report for activities and upcoming
projects. _
4. Removed by Commissioner Ruzicka
5. Reforestation Request. Approve reforestation request by Stephen Hendlin of one City Rusty Leaf Fig parkway tree
adjacent to 2006 Kewamee Drive.
6. Reforestation Request. Approve reforestation request by Eric Fulls of one City Rusty Leaf Fig parkway tree adjacent to
2007 Kewamee Drive.
7. Reforestation Request. Approve reforestation request by Newport Hills Community Association of two Lemon Scented.
Gum park trees adjacent to Clubhouse located at 1900 Port Carlow Place.
S. Bench Donation. Approve donation by Deborah Scott of one "Huntington Beach" style bench to be located at Wand Bay Avenue.
9. Bench Donation. Approve donation by Jack Malloy of one bench to be [mated at the Peninsula. Park play area.
10. Tree Donation. Approve donation by Michele Ayres of one 36" box New Zealand Christmas tree to be (mated at the Galaxy View Park.
11. Tree / Bench Donation Request, Approve donation by Denise Battram of two 36" box Baily Acacia trees and one "Huntington
Beach" style bench to be [mated at Spyglass Hill Park.
Motion by Commissioner Brown to accept items 1' -3 and 5.11 of the Consent Calendar. Motion carried
by acclamation. .
4. Reforestation Request. Commissioner Ruzicka stated that he visited 2209 Channel Road and
noted that he believes that people are being less then forthright he has digital pictures that
prove that there is no hardscape damage. He went on to say that he does not mind complying
with G -1 but noted that he finds it offensive when people are untruthful. He went on to say that
Parks, Beaches It Recreation Commission
Regular Meeting
March 6, 2007 - 7pm
Page 2
this a probably a done deal as the request complies with the policy but that he would like
someone to prove that there is hardscape damage.
Chair Garrett stated that this is obviously a pretty large tree and it is possible that there has
been hardscape damage in the past and asked staff if there was any record. He stated that for
that large of a tree if it has not caused damage in the past it certainly will in the future without
some mitigation.
Commissioner Ruzicka admitted that the symmetry of the tree and the property does not match.
Director Harmon stated that staff does indeed check out every single request and if either Dan
Serreno or John Conway have any questions or concerns they will contact the other one as they
are both certified arborists and discuss.
Discussion ensued regarding cost estimates of the value of the tree.
Director Harmon suggested that the Commission review the G -1 Policy and /or staff wilt bring a
report to a future meeting on how values are attached to a tree.
Commissioner Trapp agreed that the Commission should review the G -1 Policy. She agreed that
it would be difficult to rubberstamp a value of a tree.
Director Harmon reminded the Commission that the Carrotwood tree is listed as a problem tree.
Chair Garrett opened the public discussion; hearing none the public discussion was closed.
Motion by Commissioner Ruzicka to approve the reforestation request by Gloria Oaks of one City
Carrotwood parkway tree adjacent to 2209 Channel Road. Motion carried by acclamation.
DISCUSSION / ACTION ITEMS
Director Harmon excused from the meeting at 7:41pm
12. 1/1 Marine Memorial Location Chair Garrett stated that when the committee was formed
everyone had a different idea on where the memorial should be located. It was narrowed down to
Back Bay View Park but since that had no place to park it was eliminated; another was the Newport
Pier but since McFadden is being built there that was also put aside and Ensign View Park was
selected because of the view, its quiet, parking and solace. He went on to say that the Committee
is requesting that the Commission approve this location for the Memorial.
Commissioner Brown asked if there was a conceptual plan as he was concerned that the memorial
could obstruct views which could cause problems to homeowners.
Chair Garrett stated that he had raised that same issue with the committee and there really is no
design because the Arts Commission has become involved and they are in the process of putting out
a RFP for ideas. He agreed that there would need to be public hearing once that design has been
selected. He also noted that Newport Center Park would be an ideal location but was put aside
because of the timeline of that park.
Chair Garrett opened the public discussion; hearning none the public discussion was closed.
Parks, Beaches Ft Recreation Commission
Regular Meeting
March 6, 2007 - 7pm
Page 3
Director Morgan stated that in the letter from Council Member Curry it is understood that there is
sensitivity to issues that will have to be considered with the view and design and that a full
community outreach would need to be done.
Commissioner Brown stated that he agreed that Newport Center Park would be an ideal location
because it appears now that the first phase will be funded.
Chair Garrett suggested that some caveats be added to the motion regarding Newport Center and
that a conceptual.plan would need to be forwarded.
Motion by Commissioner Ruzicka to tentatively approve Ensign View Park subject to revisiting the
issue of other possible locations and subject to approval of the conceptual design plans and view
impacts of the contiguous property.
Motion failed for lack of second
Motion by Commissioner Brown to endorse Ensign View Park as a location and as an alternative site
that the Committee also consider Newport Center Park and subject to approval of conceptual design
plans and view impacts. Motion carried by acclamation.
13. Park Development Foundation - Director Morgan stated that this is the name for now because it
could become more formal. He went on to say that the Budget Committee had met last week and
had a very good discussion where this was discussed and was decided to bring it forward to the
Commission to decide whether or not to include the Foundation in the budgetary recommendations
as an advisory commission to the Council on how to finance things and doing business in the
upcoming FY and so
Commissioner Brown suggested that he values Commissioners Allen and Lugar's opinion on this and
since the budget will not be discussed until next month that he would be infavor of tabling this
discussion until next month.
Chair Garrett stated that at the next 1/1 Committee Meeting they would be discussing fundraising
and agreed that the Foundation discussion should wait until the next meeting.
Discussion ensued.
Director Morgan stated that he agreed that there are competing interest.
Motion by Commissioner Brown to table the discussion of the Park Development Foundation until
the next Commission meeting. Motion carried by acclamation.
COMMITTEE REPORTS -
Parks- Director Morgan stated that Newport Center Park and Marina Park are moving ahead. He believes
that by May the Park Development Committee will meet to discuss Marina Park. As far as Newport
Center Park, staff will proceed with Council direction for a passive park.
RSS- Nothing to report.
Budges- Director Morgan stated a report will be presented to the Commission in April.
AD - Hoc
Parks, Beaches Et Recreation Commission
Regular Meeting
March 6, 2007 - 7pm
Page 4
—Youth Sports Liaison - Nothing to report
— Community Services Award - Nothing to report.
Other
—Santa Ana River Vision Plan- Nothing to report.
— Memorial Committee- Discussed above.
DIRECTOR'S COMMENTS -
• Director Morgan that everything was going very well with the Newport Coast Community Center.
• Superintendent Serreno stated that the Eagle Scout Project at Castaways Park is moving forward.
Commissioner Ruzicka stated he would like to see the words added - Under penalty of perjury - to all
tree removal forms. Chair Garrett agreed.
Commissioner Brown stated that he is still looking for a report on how some control can. be made on
what is burned in the fire pits.
FUTURE AGENDA ITEMS
The following are new or ongoing items to be discussed:
• Fire pit discussion on safety and to regulate what is burned
• Discussion of possible implementation of Parks l3 Rec Foundation.
• Appointment to Manna Park Committee
• Tree Valuation
• G -1 Policy Discussion
ADJOURNMENT- 8:17pm
Submitted by:
Teri Craig, Admin Assistant
Newport Beach (city) QuickFacts from the US Census Bureau
htt p:// quickfacts .oensus.gov /gfd/states /06/0651 i 82.htmi
iJ:S Census' Bureau; ` , g V,
State QuickFacts
Newport Beach (city), California.
Newport
People QuickFacts Beach California
Population, 2003 estimate .78,043 35,484,453
Population, percent change, April 1, 2000 to July 1, 2003 3:1 %0 4.8%
Population, 2000 70,032 33,871,648
Population, percent change, 1990 to 2000 4.9% 13.6%
Persons under 5 years old, percent, 2000
4.0%
7.3%
Persons under 18 years old, percent, 2000
15.7%
27.3%
Persons 65 years old and over, percent, 2000
17.6%
10.6%
Female persons, percent, 2000
50.5%
50.2%
White persons, percent, 2000 (a)
92.2%
59.5 %
Black or African American persons, percent, 2000 (a)
0.5%
6.7%
American Indian and Alaska Native persons, percent, 2000
(a)
0.3%
1.0 %
Asian persons, percent, 2000 (a)
4.0%
10.9_%
Native Hawaiian and Other Pacific Islander, percent, 2000
(a)
0.1%
0.3%
Persons reporting some other race, percent, 2000 (a)
1.1%
16.8%
Persons reporting two or more races, percent, 2000
1.7%
4.7%
Persons of Hispanic or Latino origin, percent, 2000
4.7%
32.4%
Living in same house in 1995 and 2000, pct 5 yrs old & over
45.1%
50.2%
Foreign born persons, percent, 2000
10.7%
26.2%
_
Language other than English spoken at home, pct age 5 +,
2000
12.7%
39.5%
High school graduates, percent of persons age 25 +, 2000 96.7% 76_8 %0
Bachelor's degree or higher, pct of persons age 25 +, 2000 58;5% 26.6%
Mean travel time to work (minutes), workers age 16 +, 2000 24.3 27.7
- --- - -- - -- -----------------------------------•---------------------- -- ------ ---- ------------ - - - - -- - - -- - --
Housing units, 2000 _ 37,288 12,214,549
Homeownership rate, 2000 55.7% 56.9%
Median value of owner - occupied housing units, 2000 $708,200 $211,500
----- - --- -- - - - -- ---------- ---- -- - - - - -- ----------------------------------------------
Households, 2000 33,071 11,50.2,870
Persons per household, 2000 2.09 2.87
1 ,.r0 4/11/2001 5:1.0 PM
Newpgrl $each (city) QuickFacts from the US Census Bureau
btip://quickfacts.oensus.gov/qild/states/06/0651182.htmi
Median household income, 1999
$83,455
$47,493
Per capita money income, 1999
$63,015
$22,711
Persons below poverty, percent, 1999
4.4%
14.2%
Business QuickFacts
Newport
Beach
California
Wholesale trade sales, 1997 ($1000)
2,642,775
548,864,451
Retail sales, 1997 ($1000)
1,140,188
263,118,346
Retail sales per capita, 1997
$16,044
$8,167
Accommodation and foodservices sales, 1997 ($1000)
374,238
42,312,641
Total number of firms, 1997
16,460
2,565,734
Minority -owned firms, percent of total, 1997
15.4%
28.8 %
Women - owned firms, percent of total, 1997
24.0%
27.3%
Geography QuickFacts
Newport
Beach
California
Land area, 2000 (square miles)
15
155,959
Persons per square mile, 2000
4,738.8
217.2
FIPS Code
51182
06
Counties
(a) Includes persons reporting only one race.
(b) Hispanics may be of any race, so also are included in applicable race categories.
FN: Footnote on this item for this area in place of data
NA: Not available
D: Suppressed to avoid disclosure of confidential information
X: Not applicable
S: Suppressed; does not meet publication standards
Z: Value greater than zero but less than half unit of measure shown
F: Fewer than 100 firms
Source U.S. Census Bureau: State and County QuickFacts. Data derived from Population Estimates, 2000 Census of
Population and Housing, 1990 Census of Population and Housing, Small Area Income and Poverty Estimates, County
Business Patterns, 1997 Economic Census, Minority- and Women - Owned. Business, Building Permits, Consolidated
Federal Funds Report, Census of Governments
Last Revised: Friday, 12- Jan -2007 16:03:47 EST '
of 2 4/11/2007 5:10 PM