HomeMy WebLinkAbout01 - Amended MinutesCity Council
City Council
September 1
AMENDED
4 , s ,
a r v 119110111
Minutes
Study Session
i, 2012 — 4:00 p.m.
ROLL CALL - 4:00 p.m.
Agenda Item No. 1
September 25, 2012
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
II. CURRENT BUSINESS
I. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
In response to Mayor Gardner's question regarding Item 13 (Request to Retain Existing Non -
Standard Private Improvements within the Public Right -of -Way), Public Works Director Webb
stated that he will clarify if a sidewalk is included at the regular City Council meeting.
2. RE -USE OF THE CURRENTY CITY HALL SITE.
Council Member Henn stated that he has a business relationship with a business in Via Lido
Plaza, and although he does not believe this is a conflict; he is recusing himself to avoid the
appearance or the potential for a conflict.
Community Development Director Brandt presented a PowerPoint of the City Hall Complex
Reuse that included the current site information, project background, market study findings,
PKF Market Study conclusions, economic implications, comparison chart, summary, conclusion,
and next steps.
In response to Council Member Rosansky's question, City Manager Kiff stated that the fire
station is factored into the public benefit calculation.
In response to Council Member Selich's questions, Community Development Director
Brandt explained that public access is not something that would normally be associated with a
private property.
In response to Council questions, Bruce Voltan (PKF) explained the methodology used relative
to terminal cap and discount rates. He stated that the hotel would be a four star unbranded hotel
and explained that character hotels are easier to fit the beach theme.
In response to Council Member Selich's question, Community Development Director Brandt
stated that the final step is looking at direct and indirect spending associated with a hotel and
apartments and stated that a staff report with a fiscal impact will be presented to Council at an
upcoming City Council meeting.
Council Member Selich commented on the various scenarios, indicated he was surprised that the
consultant believed that this was the best site for two boutique hotels, addressed the differences
in rents obtained between the two hotels and the proposed residential units, and noted the
Volume 60 - Page 567
City of Newport Beach AMENDED
City Council Study Session
September 11, 2012
Council Member Selich suggested reviewing some of the previous actions taken by the Coastal
Commission.
Community Development Director Brandt reported that staff would like to present the final
documents to Council in two weeks including the fiscal analysis and background and noted that
staff will continue with the two - pronged preparation of the RFQ but will not release it within the
next two weeks. She added that staff is working to determine if the issue will require a green -
light vote and noted that she will provide the information at the September 25, 2012, Council
meeting.
Council Member Selich expressed support for going forward with a two - pronged process in order
to have a back -up strategy.
Council Member Hill commented on the difference between an RFQ and a Request for Proposals
(RFP), believed that a decision will need to be made before issuing an RFP, and encouraged staff
to move along with the RFQ process.
City Manager Kiff summarized Councirs direction for clarity.
III. PUBLIC COMMENTS
Jim Mosher suggested that Council consider changing the name of the street for the new Civic Center
to something other than "Avocado'. City Manager Kiff asked Council for a recommendation at the
Regular Meeting as to whether the issue should be placed on a future agenda.
Council Member Daigle commented on the Bayside Marina item.
IV. ADJOURNMENT - 4:58 p.m.
The agenda for the Regular Meeting was posted on September 6, 2012, at 4:25 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
City Clerk
Recording Secretary
Mayor
Volume 60 - Page 569
City of Newport Beach AMENDED
City Council Minutes
September 11, 2012
residential parking permit system. He stated that the Tidelands Management Committee will meet on
Wednesday, September 19, 2012, at the Oasis Senior Center.
Mayor Gardner reported that Jim Mosher previously brought up the idea of changing the name of Avocado
Avenue; north of Coast Highway to City Hall Drive in which staff is directed to provide a report after
consideration of the item by the City Hall Building Committee. She announced the following upcoming
events: Tunnel to Towers 5k Run on Sunday, September 16, 2012, at 7:00 a.m. at the Newport Dunes
Waterfront Resort, a Disaster Preparedness Expo on September 19, 2012, from 10:00 a.m. to 2:00 p.m. at
the Newport Beach Central Library, the Taste of Newport from September 14 through September 16,
2012, the Susan G. Komen Race for the Cure on September 23, 2012, at Newport Center, and a free tax
seminar for restaurant owners on September 19, 2012, at the Newport Coast Community Center.
XII. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE AUGUST 14, 2012 REGULAR MEETING. [100 -2012] Waive
reading of subject minutes, approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all
ordinances and resolutions under consideration, and direct the City Clerk to read by title
only.
B. RESOLUTIONS FOR ADOPTION
3. DELEGATION OF AUTHORITY TO REQUEST DISBURSEMENTS. [100 -2012] Adopt
Resolution No. 2012 -77, authorizing the ability to request employer disbursements from the
California Employer's Retire Benefit Trust (CERBT).
4. LABOR AGREEMENT (C- 2932): NEWPORT BEACH POLICE MANAGEMENT AND
SIDE LETTER AUTHORIZATION - WORK SCHEDULES. [381100 -2012] a) Authorize
Mayor Gardner to execute a Memorandum of Understanding (MOU) with the Newport Beach
Police Management Association (NBPMA); b) adopt Resolution No. 2012 -78 relating to PERS
and ending reporting of Employer -Paid Member Contributions (EPMC) over time for the
NBPMA; and c) designate the City Manager as the authorized representative to execute
subsequent written agreements regarding Work Schedule for NBPMA.
C. CONTRACTS AND AGREEMENTS
5. BRISTOL STREET NORTH LANDSCAPE IMPROVEMENTS - NOTICE OF
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4301. [381100 -2012] a) Accept
the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize
the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with the applicable portions of the Civil Code;
and c) release the Faith Performance Bond one year after Council acceptance.
6. VARIOUS STORM DRAIN IMPROVEMENTS - NOTICE OF COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 4966. [381100 -2012] a) Accept the completed work
and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to
release the Labor and Materials Bond 65 days after the Notice of Completion has been
recorded in accordance with the applicable portions of the Civil Code; and c) release the Faith
Volume 60 - Page 572
City of Newport Beach AMENDED
City Council Minutes
September 11, 2012
Dan Wampole provided a handout, reported that the issue of signage in Newport Coast was decided
many years ago, believed that the options provided do not resemble earlier design concepts,
indicated that he supports option 3, noted that all three sign options lack lighting, and believed that
the originally - approved concept should not be changed.
Ron Hendrickson expressed support for the City's sign program, believed that building signs do not
relate to gateway signs, and urged Council to keep within the design concepts and standards.
Gerry Ross noted that the options presented provide a slight variation to the originally- approved
concept but are consistent with the City's program and noted that the Irvine Company had
expressed a desire for signs to be consistent with other signs in the area. Mayor Pro Tem Curry
indicated that although he likes the sail design, it really does not fit in Newport Coast. He indicated
that the signs proposed are consistent with the Irvine Company architecture throughout the coast;
have been reviewed and supported by the community; and are consistent with signs used at the
Resort, the Community Center, and throughout the Newport Coast area.
Motion by Mayor Pro Tem Curry, seconded by Council Member Daigle to select Option #3
(An Alternative Gateway Sign design with "Newport Coast" called out) to be used on Newport Coast
Drive near, but South of the 73 Freeway, and Pacific Coast Highway East of Reef Point Drive, and
direct staff to have Bravo Sign Design, the City's on -call contract Gateway Sign contractor, fabricate
and install the two new Gateway Monument Signs.
The motion failed by the following roll call vote:
Ayes: Council Member Hill, Mayor Pro Tem Curry, Council Member Henn
Noes: Council Member Rosansky, Mayor Gardner, Council Member Selich, Council Member Daigle
Motion by Council Member Henn, seconded by Council Member Selich to select Option #3
with the addition of including the Newport Beach sail (-An Alternative Gateway Sign design with
"Newport Coast" called out) to be used on Newport Coast Drive near, but South of the 73 Freeway,
and Pacific Coast Highway East of Reef Point Drive, and direct staff to have Bravo Sign Design, the
City's on -call contract Gateway Sign contractor, fabricate and install the two new Gateway
Monument Signs.
In response to Council Member Henn's questions, Public Works Director Webb noted that the
differences in costs are not significant and addressed costs of replacing signs in case they are
damaged.
Council Member Selich addressed the importance of consistency, reiterated concerns with money
spent for considering the matter, and believed that Council should not deviate from the program
established.
Substitute motion by Council Member Selich, seconded by Council Member Rosanskv to
select Option 42 (the Traditional City Gateway Sign with "Newport Coast" called out; with the
Newport Coast identity, to be used on Newport Coast Drive near, but South of the 73 Freeway, and
Pacific Coast Highway East of Reef Point Drive, and direct staff to have Bravo Sign Design, the
City's on -call contract Gateway Sign contractor, fabricate and install the two new Gateway
Monument Signs.
Council Member Hill suggested changing the colors, i,adding; the bullnose cap, and making it the
standard sign.
In response to Council questions, Public Works Director Webb clarified what the Option 2 sign will
look like.
Volume 60 - Page 575
City of Newport Beach AMENDED
City Council Minutes
September 11, 2012
Holly Jarvis reported that the previous speaker misrepresented the number of facilities; noted that
the property on which he focused on is owned by a person who has three properties, owns three
horses, and does not board horses; noted that the community knows what it wants relative to a
specific plan involving Mesa Drive extending to both the west and the east, stated that the
new plans illustrate improvements including a sidewalk which means that she would lose her
encroachment, wondered why other residents have not been required to lose their encroachment,
stated that there are six homes on Mesa Drive whose owners have horses, asked Council to consider
the safety of the community before the desires of a few, and spoke in support of the current
improvements.
Jack Keating, representing the Newport Bay Conservancy, expressed support for the
recommendations, expressed concerns regarding the increase in the number of horses in the area,
noted the importance of enforcing City ordinances, and asked that Council ensure that City
ordinances are being enforced.
Harry Rinker commended Council for addressing this matter, expressed support for the
recommended improvements, believed that extending the trail to the east would decrease property
values in the area, presented photographs illustrating a horse trail and landscaped areas that would
need to be removed for construction of a trail, and encouraged Council to make a decision.
Morgan Stoaks read a letter from Emily Crean that expressed support for completion of the trail on
Mesa Drive with appropriate signage and a crosswalk at Mesa Drive and Cypress.
Cindy Blaylock spoke in support of extending the trail on Mesa Drive for increased safety.
James Shelf expressed opposition to extending the trail on Mesa Drive.
Barbara Venezia noted that there have been no official studies or surveys, believed that Council
neither values nor understands equestrian areas, suggested that Council look at the issue
differently and in a broader aspect, and expressed support for extending the trail east on Mesa
Drive.
Tim Stoaks commended Council Member Hill for his efforts; stated that in order to fix the problem,
it needs to be understood; noted that there are properties towards the east on Mesa Drive whose
owners also have horses; expressed concerns with access and safety issues; and expressed
support for extending the trail noting that there are still many unknowns.
Mike Smith expressed opposition to extending the trails east on Mesa Drive and wondered how
many horses are permitted per lot.
Rosine Shelf expressed opposition to extending the trail east on Mesa Drive, believed that it will not
solve all of the safety issues, indicated that everyone needs to take responsibility for their safety and
surroundings, and stated that the costs of expanding the trail must be considered.
Stan Tkaczyk noted that the property shown in previous photographs is John Crean s property.
Ron Bath expressed support for preserving the quality of life for the equestrian community and
extending the trail east on Mesa Drive.
Carry Robbins reported that horses use streets on Orchid and expressed opposition to extending the
trail on Mesa Drive.
Council Member Hill expressed frustration with the item and reiterated that he believes that the
community does not know, collectively, where it wants to go.
Volume 60 - Page 579
City of Newport Beach AMENDED
City Council Minutes
September 11, 2012
Robert Hawkins, President of Speak Up Newport, announced an upcoming forum on the Charter update on
September 12, 2012 at the Newport Beach Yacht Club.
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Henn reported that the Tidelands Management Committee met on August 15, 2012, at
the OASIS Senior Center in which they reviewed and approved a draft Tidelands Infrastructure Capital
Plan. He stated that it will be presented to Council in the near future.
XVI. PUBLIC HEARING
22. MARINA PARK COASTAL LAND USE PLAN AMENDMENT (PA2012 -079) - 1600 WEST
BALBOA BOULEVARD. 1100 -20121
Mayor Gardner opened the public hearing.
Jim Mosher noted that he submitted written comments noting typographical errors in the plan
amendment, stated that findings are lacking relative to the need to include emergency or
communication equipment within the tower, and addressed a discrepancy in the requested and
proposed height in the structure.
In response to an inquiry from Mayor Gardner, Planning Manager Alford noted that the information
was not included in the findings but can be if Council feels that it is important.
Hearing no further testimony, Mayor Gardner closed the public hearing.
Motion by Mayor Pro Tern Curry, seconded by Council Member Rosanskv to adopt
Resolution No. 2012 -80 that: 1) rescinds Resolution No. 2012 -66 adopted on July 24, 2012, 2) finds
the California Environmental Quality Act (CEQA) to be satisfied by the May 11, 2010, City Council
certification of the Marina Park Project Environmental Impact Report (EIR) (SCH #2008051096) in
compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K -3, and 3) approves Coastal Land Use Plan Amendment No. LC2012 -002.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Henn, Council Member Daigle
XVII. CURRENT BUSINESS
23. QUARTERLY BUSINESS REPORT - APRIL THROUGH JUNE 2012. 1100 -20121
City Manager Kiff noted that the subject document is available on the City's website for review.
Council Member Henn encouraged that all Homeowner Associations review the report and make it
available to its members.
Council Member Daigle reported that the City is recovering from a recession, addressed the City's
credit rating, and commended staff.
XVIII. MOTION FOR RECONSIDERATION - None
Volume 60 - Page 581