HomeMy WebLinkAbout01 - MinutesAgenda Item #1
March 13, 2012
City Council Minutes
City Council Regular Meeting
February 28, 2012 — 7:00 p.m.
I. STUDY SESSION -Cancelled
II. ROLL CALL -
Present: Council Member Hill, Council Member Selich, Council Member - Daigle, Mayor Gardner,
Mayor Pro Tem Curry, Council Member Henn
Excused: Council Member Rosansky
Council Member Rosansky arrived at 5:35 p.m..`
III. PUBLIC COMMENTS -None
IV. CLOSED SESSION - 5:30 P.m.
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code§ 54957.6)
V. RECESS
VI. RECONVENE AT 7:00 P.M: FOR REGULAR MEETING
VII. CLOSED SESSION REPORT
City Attorney Harp announced that there were no reportable actions taken.
VIII. PLEDGE OF ALLEGIANCE - Council Member Henn
IX. INVOCATION - Melinda Blackman. Harbor Christian Church
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X. PRESENTATION.
Presentation of Plaques to former Planning Commissioners Charles Unsworth and
Robert Hawhins, and Harbor Commissioner Vincent Valdes - Mayor Gardner
acknowledged former Planning Commissioners Charles Unsworth and Robert Hawhins
and Harbor Commissioner Vincent Valdes who were presented with plaques in
appreciation for their services to the City. Mr. Unsworth expressed his appreciation for
the opportunity to serve.
Mayor Gardner welcomed Boy Scout Troop 741 who is in attendance qualifying for their citizenship
merit badge.
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS/
WOULD LIKE PLACED ON A FUTURE AGENDA,:FI
REPORT (NON- DISCUSSION ITEM)
Council Member Daigle announced that the Annual Po &'ce,Appreciation Breakfast will be held on
March 15, 2012 at the Hyatt Hotel, noted that statistics show that the City's Police response time is
2%: minutes, and reported that three PolicelPairol Officers were added in 2011.
Council Member Henn directed staff to provide Council with a report describing the proposed
program for signage and enforcement related to the non - smoking ordinance in commercial areas and
on the Peninsula, announced:; that there will'be no Neighborhood Revitalization meeting in the
month of March, added that-he disposed a big bag of electronic waste to the a -waste disposal site at
the Corporate Yard, and- i6ported that he participated in a post -audit review that closed the annual
audit of the City's 2011,'Annual Financial Report., He reported that he attended the swearing in
ceremony for the new Fire-Chief. Scott Poster, on February 21, 2012, attended the Civic Center
Topping Out Ceremony on February 22; 2012, attended the California Marine Affairs Navigation
Conference, and:attendsd the Concordia Center for Public Policy panel discussion on pension costs.
In response to Council Member Hill's question, Public Works Director Badum presented a brief
update` on the improvements to Irvine Avenue at Newport Harbor High School. He stated that the
drop- off'zones will be moved from the crosswalk area to provide better visibility and a flashing
beacon will be installed adjacent to the crosswalk signs with push buttons to improve pedestrian
safety. He reported that Council Member Hill coordinated a community meeting to obtain residents
concerns. He listed issues that were brought up and assured Council that staff will address concerns,
conduct further meetings, develop solutions, and bring back a report. Council Member Hill thanked
staff for continuing their efforts regarding the matter.
Mayor Pro Tem Curry reported that he attended the opening of the Richard Diebenkorn exhibit at
the Orange County Museum of Art and encouraged the public to visit.
Council Member Henn referenced the Quarterly Business, commended staff for their hard work, and
encouraged residents to review it.
Mayor Gardner stated that there is a current problem with ravens and raccoons ravaging through
trash in Corona del Mar, reported that the City is performing a review of the City's trash disposal
service with a consultant, and directed staff to include ideas on service improvements as part of the
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study. She also directed staff to provide a Study Session report for Council's review of the
Committees and Commissions and the member selection process.
XIII. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS
OF FEBRUARY 14, 2012. [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. RESOLUTION FOR ADOPTION
3. ADOPT RESOLUTION FOR STREET SNVEEPING PARKING RESTRICTIONS ON
KLINE DRIVE. [100 -20121 a) Rescind Resolution No. 2012 -3; b) adopt Resolution No.
2012 -21 establishing NO PARKING restrictions' for, street sweeping on Kline Drive from
Orchard Drive to west street end in'the West Santa Ana Heights community.
C. ORDINANCES FOR ADOPTION
4. SECOND READING- - CONSIDERATION OF AN ORDINANCE AMENDING
CHAPTER 11.04 OF THE NEWPORT. BEACH MUNICIPAL CODE PERTAINING
TO RULES--AND REGULATIONS' FOR PARKS, PARK FACILITIES AND
BEACHES AND REPEALING SECTION 11.08.080 PERTAINING TO SMOKING
ON CITY BEACHES; - .MUNICIPAL 'PIERS, PUBLIC FLOATS AND PUBLIC
WHARVES. [100.20]21 Conduct, a second reading and adopt Ordinance No. 2012 -6,
relative to' omnibus changes to Chapter 11.04 of the Newport Beach Municipal Code
pertaining to Rifles and'Regulations for Parks, Park Facilities and Beaches and repealing
Section 11.08.080 pertaining: to Smoking on City Beaches, Municipal Piers, Public Floats
and Public Wharves: Amending 11.04.070 Prohibited Conduct Section D and Striking
1.1:04.080 Smoking Prohibited Section B.
Council Member Selich voted No on this Item.
5. DR. MORGAN PROPERTY AMENDMENTS (PA2011 -138) - 1419 SUPERIOR
AVENUE - ,CODE AMENDMENT NO. CA2011 -010. [100 -20121 Conduct a second
reading and adopt Ordinance No. 2012 -7 approving Code Amendment No. CA2011 -010.
6. SCAP III, LLC PROPERTY AMENDMENTS (PA2011 -196) - 514 E. OCEANFRONT
(AKA 101 -07 PALM STREET) - CODE AMENDMENT NO. CA2001 -012. [100 -20121
Conduct a second reading and adopt Ordinance No. 2012 -8 approving Code Amendment
No. CA 2011 -012.
7.
PRESTA PROPERTY AMENDMENTS (PA2011 -179) - 2888 & 2890 BAYSHORE
DRIVE - CODE AMENDMENT NO. CA2011 -011. [100 -2012] Conduct a second
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reading and adopt Ordinance No. 2012 -9 approving Code Amendment No. CA2011 -008.
8. NEWPORT BEACH COUNTRY CLUB (PA2005 -140) - GOLF REALTY FUND - 600
AND 1602 EAST COAST HIGHWAY (C- 5068). [381100 -20121 a) Continue Ordinance
No. 2012 -2 approving Planned Community Development Plan No. PC2005 -002 to March
13, 2012; b) continue Ordinance No. 2012 -3 approving Development Agreement No.
DA2008 -001 to March 13, 2012; and c) waive City Council Policy A -10 regarding "Voting
Procedures- Reconsideration" and reconsider Resolution No. 2012 -10 approving Site
Development Review No. SD2011 -002 on March 13, 2012. [Continued from the February
14, 2012 City Council meeting]
9. NEWPORT BEACH COUNTRY CLUB (PA2008 =162) - NEWPORT BEACH
COUNTRY CLUB, INC. - 1600 EAST COAST HIGHWAY, (C- 5045). [381100 -2012]
Conduct a second reading and adopt Ordinance No. 2012 -4 approving Planned
Community Development Plan No. PC2008- 001.;-
D. CONTRACTS AND AGREEMENTS
10. BIRCH STREET EXTENSION ACQUISITION (PA2012 -011) (C- 5076). [381100-
20121 a) Approve the Property Conveyance.;._ Agreement and Escrow Instructions
between C.Z. Brockman Revocable Trust ("Brockman ") , the City, and Richard Moriarty
( "Moriarty ") and authorize the City .Manager to execute documents in furtherance of the
Property Conveyance Agreement and Escrow Instructions as approved by the City
Attorney; b) approve the acceptance of a Quit Claim Deed, and dedication of an Access
Easement to the County of Orange and authorize the' City Manager to sign documents in
furtherance thereof as approved by the City Attorney; and c) approve the dedication of
an Access Easement to the County of Orange Flood Control District and authorize the
City Manager to sign documents in, furtherance thereof as approved by the City
Attorney.
11. NEWPORT BEACH, CIVIC CENTER AND PARK PROJECT - APPROVAL OF
AMENDMENT- NO. I1. TO PROFESSIONAL SERVICES AGREEMENT WITH
ALLANA BUICK AND,BERS FOR BUILDING ENCLOSURE WATERPROOFING
CONSTRUCTION MONITORING SERVICES (C- 4527). [381100 -20121 Approve
Professional Services Agreement Amendment No. 1 with Allana Buick and Bers of El
Segundo, California. for Civic Center and Park Project Building Enclosure Construction
Monitoring Services at a not -to- exceed price of $243,052.00, and authorize the Mayor
and the City Clerk to execute the Amendment.
12. NEWPORT. COAST RUNOFF REDUCTION PROGRAM - ALLOCATE
METROPOLITAN WATER DISTRICT (MWD) REBATES FOR ADDITIONAL
IRRIGATION CONTROLLERS. 1100 -2012] Approve Budget Amendment No. 12BA-
028 recognizing new revenue from MWD up to $250,000 and appropriating up to
$250,000 to Account No. 7255- C5100968 to supplement the irrigation runoff reduction
program. Expenditure appropriations should not exceed rebate receipts.
E. MISCELLANEOUS
13. PLANNING COMMISSION STUDY SESSION AND REGULAR MEETING
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AGENDAS FOR FEBRUARY 23, 2012. [100 -2012] Receive and file.
14. REQUEST TO RETAIN PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT -
OF -WAY AT 339 CATALINA DRIVE. [100 -2012] Waive Council Policy L -6, Private
Encroachments in the Public Rights -of -Way, to allow the existing stair risers, planter
walls, upgraded carriage walk and private tree, all of which encroach in excess of 1 -foot
into the Catalina Drive public right -of -way, provided the property owners of 339
Catalina Drive to enter into an Encroachment Agreement with the City to maintain
these private improvements within the Public Right -of -Way and that all conditions of the
Encroachment Permit process are met.
15. UNSCHEDULED VACANCY ON THE COASTAL/BAY WATER QUALITY
CITIZENS ADVISORY COMMITTEE. [100 - 20121 Direct the City Clerk to post and
publish a Special Vacancy Notice requesting that. applications besubmitted by 4:00 p.m.
on Wednesday, March 14, 2012, and schedule "confirmation of appointments to be made
on March 27, 2012,
16. NOMINATIONS TO FILL THE VACANCIES ON THE HARBOR COMMISSION
AND PLANNING COMMISSION. [id0 -2012] a) Confirm the nominations of
Chandler Bell and Dave Girling to fill the vacancy on the Harbor Commission; and b)
confirm the nominations of Tim Brown, Willard` Dunlap, and Steven Coyne to fill the
vacancy on the Planning Commission., .
17. 19TH STREET BRIDGE: REQUEST FORA SARX STUDY UPDATE. [100 -2012]
Authorize Mayor Gardner to send a'letter to'OCTA.
Motion by Mavor Pro'Tem Curry, seconded by Council Member Rosanskv to adopt the
Consent Calendar (Items >1 -17); and noting a No vote by Council Member Selich on Item 4.
The motion carried by the following,-rbll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Council Member Selich, Council Member
Daigle, Mayor Gardner; Mayor Pro Tem Curry, Council Member Henn
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XV. PUBLIC COMMENTS
Deborah Koken, Banning Ranch Conservancy, thanked Council for sending a letter regarding the
19th Street Bridge issue. Council Member Daigle noted she requested inclusion of the item on the
agenda and expressed her appreciation to staff.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that she attended a meeting with the FAA last week noting the
purpose was to get the their response to a citizen proposal. She stated the FAA's response was not
supportive of the proposal but they indicated they have been in daily contact with air traffic
controllers who have made changes to minimize the impact of noise over Corona del Max.
Council Member Henn reported that the Tidelands Committee met on February 15, 2012 in which
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they discussed the significance of including a report from the Citizens Advisory Panel, provided a
presentation on charter boat activities in Newport Harbor, and discussed re- orienting the Tidelands
Infrastructure Management Master Plan with a ten year plan focusing on the capital improvement
projects associated with the plan. He also reported that the Neighborhood Revitalization Committee
discussed reviewing the Corona del Mar entry plan, and stated that the Ad Hoc Committee on
Harbor Charges met on February 23rd with a group of the largest commercial Marina operators in
Newport Harbor to discuss the Committee's view on reorganization of harbor fees for use of the
Tidelands by the Marina operators.
Mayor Pro Tem Curry reported that the Innovations in Government Committee formed by the
Association of California Cities, Orange County, recently held its first meeting and stated that they
will be responsible for researching what Cities inOrange County and;.Southern California are doing
to innovate, reduce costs, and make government more efficient.
XVII. PUBLIC HEARINGS
18. ANNUAL REVIEW OF THE PACIFIC VIEW DEVELOPMENT AGREEMENT (PA2009-
024) (C- 3058). [381100 -20121
Community Development Director Brandt introduced the item and stated that the annual
reviews are required by the Municipal Code which ensures compliance of the various
conditions set forth in the agreements:,
Assistant Planner Nueno provided a PowerPoint.presentatiion addressing location, completion
of the last review in 2011, and actions by Council. She reported there has been no new
construction since the last review.
Hearing no testimony, Mayor Gardner closed the public hearing.
Motion by Mayor Pro Tem Curry, seconded by Council Member Selich to a) find that
the applicant has demonstrated good faith compliance with the terms of the Development
Agreement; and b) receive. ` and. file the Annual Report of the Development
Agreement for.Pacific View.Memorial bark.
The motion carried by the following roll call vote:
Ayes; Council Member Hill, Council Member Rosansky, Council Member Selich, Council
Member Daigle, Mayor Gardner, Mayor Pro Tem Curry, Council Member Henn
19. ANNUAL REVIEW OF THE NORTH NEWPORT CENTER DEVELOPMENT
AGREEMENT'(PA2009 =023) (C- 4014). [381100 -20121
Community Development Director Brandt reported that two correspondences were received
today on this item, from Mike Leonard, Director of Real Estate for 24 -Hour Fitness and
Karen Tringali from the Corona del Mar Association.
Assistant Planner Nueno provided a PowerPoint presentation addressing the location, results
of the last review, new construction in 2011, and previous approvals of Transfers of
Development Rights by Council. She noted that there was an issue with the 24 -Hour Fitness
facility and presented recommendations as listed in the report.
Shawna Shafner, CAA Planning, spoke on behalf of the Irvine Company, indicated that the
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square footage associated with 24 -Hour Fitness was identified in 2007 along with other
square footage for demolition or conversion to a non - habitable use when additional office
square footage was developed, noted that the information provided outlines how the square
footage could be converted to a non- habitable use but Council's action in 2007 did not identify
specific measures for conversion, added that Council's action would not be an action to close
the 24 -Hour Fitness but rather to confirm that the procedures identified for converting square
footage to non - habitable uses are acceptable to Council, and provided a variety of options that
would allow the square footage associated with 24 -Hour Fitness to remain open in the short
and long term.
Mayor Gardner opened the public hearing.
Robert Hawkins addressed the applicant's proposal to remove 74,000 square feet in Block 100
stating that Block 100 is not indicated on the area map, reported there are nine (9) office
structures in Block 100, believed that there is an overage being reported because the nine (9)
office structures does not extend to 74,000 square feet, and noted that the City would have to
monitor which offices are occupied and which. are not, unless the 'covenant is specific
regarding floors, offices, etc.
Community Development Director Brandt agreed that it must be made clear as to which
space is non - habitable and reported that the detail:yvill be worked out with the covenant.
Hearing no further testimony, Mayor Gardner closed the public hearing.
Motion by Council Member Selich, seconded by Council Member Daigle to a) find
that the applicant has demonstrated good faith compliance with the terms of the Development
Agreement; b) authorize the Community: Development :Director to enter into a covenant on
behalf of the City regarding the restriction, of no square footage; and c) receive and
file the annual report of tlie.,Development Agreement for North Newport Center.
The motion carried by the following roll call vote
Ayes: Council Member Hill_Council Member Rosansky, Council Member Selich, ,Council
Member Daigle, Mayor Gardner, Mayor ;Pro Tem Curry, Council Member Henn
XVIII. CONTINUED BUSINESS
20. SANTA BARBARA CONDOMINIUMS: AFFORDABLE HOUSING IMPLEMENTATION
PLAN AND MEMORANDUM OF AGREEMENT - 900 NEWPORT CENTER DRIVE (PA-
2012- 012)(G5066). [381100 -20121
Community Development Director Brandt introduced the item, noted it was continued from
the February 14, 20121 meeting to refine the agreement, and deferred to staff for a report.
Associate Planner Murillo presented details of the proposal including the previous approval of
the project by Council, location, recommendations, site plan, proposed number of buildings,
elevations, and subsequent approvals associated with the project since its initial approval. He
also addressed the requirements of the Coastal Commission, the previous MOA, a City -
approved Affordable Housing Implementation Plan, and current expiration date for the
project. He presented details of the applicant's requests including the Affordable Housing
Implementation Plan for which they are asking to pay in lieu fees, and discussed benefits of
having them pay in lieu fees and having a new Memorandum of Agreement.
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In response to Council Member Daigle's question, Community Development Director Brandt
reported that State law does not allow Cities to work cooperatively to fulfill the affordable
housing obligations. She stated that in order to get credit for affordable housing requirements
the units must be within the City boundaries, indicated that there are some interested parties
wanting to develop affordable projects within the community, added that staff will continue to
pursue opportunities with developers, listed options available for expending the funds, and
stated that the proposed project will be brought before Council.
In response to Mayor Gardner's question, Associate Planner Murillo clarified that the public
benefits fee will be paid upon the issuance of certificates of occupancy. City Attorney Harp
added that HHR Newport, LLC should be added as a party to the:ae eement.
Robert Hawkins, Friends of Dolores, believed that there is -a heed for a new Environmental
Impact Report since the original occurred in 2006, agreed that HHR Newport, LLC should be
included as a party to the agreement, believed that the',assign ability-of the agreement should
be reviewed, addressed payment of fees relatives to the requirement to enter into a
Development Agreement, and opined additional, time should be taken,'to review the issue
closer.
In response to Council questions, Mr. Hawkins ,advised that the principals of Friends of
Dolores will be identified at a later date.
Jim Mosher pointed out a discrepancy regarding the generation of $1.6 million for the
affordable housing fund versus $1.2 mullion referenced elsewhere in the document, suggested
that the money expected from park fees be used to acquire Banning Ranch, and reported that
a September 201.1 Coastal Commission,meeting is Still posted on,the property.
Associate Planner Murillo, clarified that the resolution has a typographical error in that it
should states $1.6 million ofin lieu fees rathei,than $1.2 million.
Council Member, Selich noted that the total revenue to the City for this project will be
approximately $7`mi'Won and stated that because of present economic times, spacing out the
timing of payments is not unreasonable.
In response to Mayor Gardner's question,-Assistant City Attorney Mulvihill noted the assign
ability was included` at, the request of New Home and Host, reported that the right being
conveyed is the right to pay fee& at certain intervals as well as the $5 million public benefit
fee „and added that it is not a concern of the City.
Motiori-by Council Member Selich, seconded by Council Member Rosanskv to adopt
Resolution No. 2012 -19 which 1) amends the affordable Housing Implementation Plan for the
Santa Barbara Condominiums Project; 2) approves a Memorandum of Agreement between
City of Newport.,Beach' and New Home Company Southern California, LLC; 3) waives the
requirement for a development agreement; and 4) rescinds Resolution No. 2007 -058.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Council Member Selich, Council
Member Daigle, Mayor Gardner, Mayor Pro Tern Curry, Council Member Henn
21. RECONSIDERATION. CORONA DEL MAR COASTLINE CAR CLASSIC - WAIVER OF
PARKING FEES AT BIG CORONA. [100 -20121
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City Manager Kiff reported that this item is being presented at the request of Council
Member Selich and asked for Council's input.
Jim Mosher believed that the proposal is too complicated noting the existing parking rates
and what should be charged accordingly. He addressed the Special Events process for
obtaining a grant to help with fee payments and expressed opposition of establishing fee
waivers.
Mayor Gardner indicated that she is not happy with the process and requested a future Study
Session regarding the issue.
Council Member Selich noted he will vote in favor of the item, but not as a fee waiver, but -
rather a rental agreement for the parking lot.
Council Member Rosansky reported agreement with Council Member Selich and noted there
is a process and everyone should follow it.
Motion by Council Member Selich, seconded by Council Member'Hill to a) Approve a
parking fee of 8503 for the 2012 Corona del Mar Coastline Classic, constituting a fee waiver of
approximately 86997; b) authorize the City 'Man ager to enter into a three -year agreement
with the Corona del mar Chamber of Commerce that would charge the Chamber a "rolling
average" for its use of the Big Corona parking lot im2012 and 2013; and c) approve parking fee
waivers for 2012 and 2013 in advance, provided that the amount waived is not above 810,000
and is consistent with the approach described in recommended action b.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky,, Council Member Selich, Council
Member Daigle. Mayor Gardner, Mayor. Piro Tem Curry, Council Member Henn
XIX. CURRENT BUSINESS,
22. APPOINTMENTS TO,FILL T11E VACANCIES ON THE CITIZENS BICYCLE SAFETY
COMMITTEE.-'I 100, 20121, ,
City Clerk Brown reported that an Ad Hoc Committee was appointed on January 10, 2012,
the vacancy notice was published on January 14, 2012, applications were due on January 27,
2012, and interviews were conducted February 28, 2012. She noted there were initially 14
nominees but one requested removal from consideration.
Francis Peters reported that he was honored to be considered, addressed the application and
interview process, noted much of his role on the Committee would be to seek the advice of
others, reported having interviewed staff from many Cities across the country regarding
bicycle safety, and recommended several applicant's for Council's consideration.
Motion by Council Member Henn, seconded by Mayor Pro Tern Curry to
appoint Michael Alti, Lou Cohen, Robert Kahn, Denis LaBonge, Sean Matsler, Francis Peters,
and Anthony Petros to fill the vacancies on the Citizens Bicycle Safety Committee:
The motion carried by the following roll call vote:
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Ayes: Council Member Hill, Council Member Rosansky, Council Member Selich, Council
Member Daigle, Mayor Gardner, Mayor Pro Tem Curry, Council Member Henn
23. CORONA DEL MAR ENTRY REVITALIZATION CONCEPT PLAN (PA2011 -223). [100-
20121
Community Development Director Brandt reported that this is the fourth out of
five revitalization plans that Council directed staff to review in conjunction with Citizens
Advisory Panels (CAP) and introduced the Consultant Dennis Stone.
Dennis Stone thanked Council Member Hill, Committee members, City staff, the Engineering
Consultant, and Landscape Architect. He provided the background, addressed the Corona del
Mar Vision Plan, Conceptual Plan, identified the improvement areas, provided the
landscaping plans, discussed the expansion of the,sidewalks, noted the opportunities for
public art, discussed signage, and showed photo simulations for the area. He also presented
details of preliminary cost estimates, addressed parking, issues, discussed related impacts as
well as the preliminary process, and provided the time table.
Deputy Public Works Director Webb stated that staff has conducted an initial analysis and
does not believe that there will be an increase in capacity or problems with traffic flow. He
expressed concern regarding southbound MacArthur but stated it can be worked out, stated
that staff is proposing a more permanent simulation, and noted that there will be periods of
increased traffic but most of the time it will work.
In response to Council Member Daigle's question;'Deputy Public Works Director Webb noted
that Council is being asked to approve a- concept that will move the project forward to initiate
traffic and environmental studies. He reported that the use of the public right -of -way by
restaurants offering outdoor dining might be considered in the future stating that it was
presented as a possibility for the concept.
Council Member Hill reported that the project has been considered for many years by a
number of agencies., commented _positively on the concept, and acknowledged issues that still
need to be "resolved.
Patricia Riggs reported residents in the area were not aware of the project until last week and
expressed concerns regarding the. lane drop noting that most residents use that lane to access
their.' neighborhood to avoid traffirbackups.
Dan Purcell commented,on the concept, referenced what happened on East Coast Highway
and Marguerite as an example of what could happen with development of the concept,
encouraged Council to visit commercial waste haulers, expressed concern that with the
addition of more people into Corona del Mar, more waste will be generated, and stated that
the City needs to address the issue of commercial waste.
Robert Hawkins referenced the role of the Planning Commission, opined that the
recommendations of the Revitalization Committee should go to the Planning Commission first
to make recommendations to Council, referenced the timeline suggested by Mr. Stone,
mentioned CEQA requirements to study a project at the earliest possible moment, stated that
an environmental analysis of the project's impacts is needed, reported that traffic studies were
not conducted, addressed the loss of parking spaces, and reiterated the need for immediate
environmental studies.
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City Attorney Harp reported that according to the City Charter, the Planning Commission
does not have exclusive 'jurisdiction to make recommendations regarding Public Works
projects. He added that Council is currently considering a Conceptual Plan and that the City
has not committed itself to a definite course of action with respect to development. Therefore,
it is okay to proceed at this point without the CEQA analysis suggested by Mr. Hawkins
which will occur at a later time and affirmed Mayor Gardner's inquiry regarding proceeding
with the simulation without the actual identification of the project.
Jim Mosher agreed with previous speakers relative to the need for additional public input and
with Mr. Hawkins comments regarding the requirements of. the City Charter regarding the
powers and duties of the Planning Commission to make recommendations to Council on
Public Works projects.
Bernie Svalsted, Chairman of the Business Improvement histrict, reported that the location is
a major traffic entrance to Newport Beach, commented on the concept as providing much
needed beautification to the City and the solution to traffic problems, -and spoke in support of
the project. He addressed parking and stated that he wants.to work with the public, business
people and Council to move this project forward:
Ron Hendrickson read a letter that he presented to City Manager Kiff that included concerns
regarding elimination of a lane, parking space issues; and the expansion of the sidewalk that
could be used for outdoor dining. He believed that the concept would benefit only a few
businesses in the district and would have -a negative impact on traffic.
Novell Hendrickson reported that she attended most of the CAP meetings and believed that
relinquishing Coast Highway was not a good decision. She expressed concerns regarding the
proposed elimination of a lane feeling it will increase traffic and pose a safety issue, addressed
the parking study, and 'believed that there should be a' General Plan amendment with
consideration by the Coastal Commission and the Planning Commission.
Frank Peters spolte -.in favor of the concept and believed that it is an exciting opportunity to
create a great pedestrian place..
Mayor Gardner reported that the project is in her District and she is not interested in making
things more difficult for people. She indicated interest in future studies, believed that the area
is deserving of beautification, as it is a major entrance into Newport Beach,
expressed commitment to working with Homeowner Associations to create long -term parking
solutions that will help residences and businesses, and noted that there will be more public
hearings.that will give the public a chance to provide input.
Council Member Henn expressed support for the concept.
Motion by Council _Member Henn, seconded by Council Member Hill to approve the
Corona del Mar Entry Conceptual Plan and direct staff to include the project for consideration
in upcoming Capital Improvement Program prioritization and budgeting reports,
deliberations, and actions.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Council Member Selich, Mayor
Gardner, Mayor Pro Tern Curry, Council Member Henn
Noes: Council Member Daigle
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24. QUARTERLY BUSINESS REPORT- OCTOBER THROUGH DECEMBER 2011. [100-
20121
City Manager Kiff expressed appreciation for Council Member Henn's previous comment
regarding the document, noted it is available on the City's website, and welcomed comments
or questions from Council and the public.
In response to Council Member Daigle's question, City Manager Kiff provided a status update
on the Newport Harbor eelgrass noting that staff is waiting for regulatory approval.
Mayor Pro Tem Curry believed that the most impressive statistic stated in the report is that
the City's reserves are at an all-time high for the fourth year in a row and stated that the
amount speaks well toward management of the City and the -fiscal sustainability policies.
Council Member Daigle noted that the City is dehvei;i ig cut and balanced budgets. Council
Member Henn stated that cut and balanced budgets preserves the high level of service
provided to. the community, requested an update of the Commission and Committee
memberships, and inquired whether or not Marina Park and Sunset Ridge Park will be
considered by Council.
Deputy Public Works Director Webb stated that Marina Park is scheduled to be considered by
the Coastal Commission in April or May. Regarding :Sunset Ridge, he noted that there are a
couple of issues that need to be resolved.
Jim Mosher commended staff on the quality of the report, stated there were no hard copies
available, and asked that staff let the public know where they can obtain hard copies.
City Manager A'iff will work with the City Clerk'to make copies available and encouraged the
public to read the electronic copy available on the website.
25. RESOLUTION NO. .2012-22 SUPPORTING THE PETITION TO AMEND REGULATION
SECTION 18705.5 RELATING -TO COUNCIL "MEMBER APPOINTMENTS. [100 -20121
City Attorney Harp presented a PowerPoint presentation addressing financial influences,
government salary exception, new Fair Political Practices Commission (FPPC) interpretation,
FPPC complaints, erroneous FPPC interpretation, petition to amend the regulation, and
recommendations.
Mayor Gardner noted that Council is not paid for attending Commissions or Committees
meetings.
In response to Council Member Daigle's question, City Attorney Harp reported that State law
has not changed' in over 40 years and that the FPPC drafted its own regulations. He
indicated that Cities are asking them to conform to State law.
Mayor Pro Tern Curry commented on FPPC rules and noted the inconsistencies.
Jim Mosher addressed the problem of not being able to reach a vote and indicated that the
petition and regulation was omitted from the staff report.
City Attorney Harp provided the petition.
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City of Newport Beach
City Council Minutes
February 28, 2012
Dan Purcell believed that Council should disclose how much money is being paid to serve on
each of the City's Committees /Commissions.
Motion by Council Member Henn, seconded by Mayor Pro Tem Curry to adopt
Resolution No. 2012 -22 supporting the Petition to amend Regulation Section 18705.5 to make
it consistent with State statutory law excluding salary, reimbursement, and other benefits
from the definition of income.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Council Member Selich, Council
Member Daigle, Mayor Gardner, Mayor Pro Tem Curry, Council Member Henn
XX. MOTION FOR RECONSIDERATION - None -
XXII. ADJOURNMENT - At 9:33 p.rrL in memory of Jack Rutefish
The agenda for the Regular Meeting was posted on February 23, 2012, at-4 :30 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
City Clerk
Recording Secretary
Mayor
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