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HomeMy WebLinkAbout01/08/2013 - Regular MeetingCity Council Minutes Regular Meeting January 8, 2013 — 7:00 p.m. STUDY SESSION - Cancelled 1I. ROLL CALL 4 :30 p.m. Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle III. P,iJBLIC COMMENTS ON CLOSED SESSION ITEMS Jim Mosher commented positively on Study Session agendas and on the opportunity to comment on Closed Session items; however, suggested adding more information regarding existing litigation items, as well as the properties listed under Closed Session Item A. He questioned Parcel 10 and believed that public discussions should occur. He requested more clarity relative to items under Closed Session. IV. CLOSED SESSION - 4:30 p.m. A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): Property Locations and Owners: 1, APN- 047 - 060 -12: CATELLUS NEWPORT LLC 2. APN - 423 - 102 -03: LIDO PACIFIC LLC 3. APN - 423 - 382 -05: LIDO PACIFIC LLC 4, APN - 423. 102 -02: KWON 5. APN -423- 102 -01: PORT PROPERTIES INC. 6. APN - 423 - 101 -05: WORLD OIL CO. 7. APN- 423 - 101 -04: STEVEN J. FLANDERS 8. APN- 423 - 101 -03: NEWPORT LIDO LLC 9. APN - 423- 101 -18: BELL PAC 10. APN- 423 - 101 -21: CITY OF NEWPORT BEACH Agency negotiator: Pat Thomas, Deputy Public Works Director Instruction to negotiator will concern price and terms of payment. B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): 1. Morningside Recovery, LLC, et at u City of Newport Beach Orange County Superior Court Case No. 30. 2011 - 00505900- CU- WM -CJC Volume 61 - Page 1 City of Newport Beach City Council Minutes January 8, 2013 2. Arnie Pike, et al o City of Newport Beach United States District Court, Case No. CV -08 -8580 DSF (RNBx) 3. Sandy Wedgeworth, et al a City of Newport Beach, et al Orange County Superior Court Case No. 30.2011- 00493787 C. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (Government Code § 54957): L Title: Dave Kif£, City Manager 2. Title: Aaron C. Harp, City Attorney 3, Title: Leilani I. Brown, City Clerk D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Agency Designated Representatives: Dave Kif£, City Manager and Terri Cassidy, Deputy City Manager /Human Resources Director; Negotiators. Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Lifeguard Management Association (NBLMA); Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Association (NBPTEA) V. RECESS VVI, RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VIL ROLL CALL Presents Council Member Gardner; Council Member Petros; Mayor Pro Tern Hill; Mayor Curry; Council Member Selich; Council Member Henn; Council Member Daigle VIII. CLOSED SESSION REPORT City Attorney Harp reported that Council Member Henn recused himself from Item A (Conference with Real Property Negotiators) discussions. IX. PLEDGE OF ALLEGIANCE - Council Member Selich X. INVOCATION -Mayor Curry XI. PRESENTATION 2012 Junior Lifeguard of the Year, Mackenzie Gaddis - Mayor Curry read the proclamation Volume 61 - Page 2 City of Newport Beach City Council Minutes January 8, 2013 and presented it to Mackenzie Gaddis. Lifeguard Operations Assistant Chief Rob Williams also presented Mackenzie Gaddis with a $200 scholarship from the California Surf Lifesaving Association. Orange County Grand Jury Recruitment Presentation - Roger Prasser reported that the Orange County Grand Jury is now recruiting for the 201312014 Grand Jury. He provided a description of the Grand Jury and explained its functions, purpose and term. He urged the public to think about applying and provided fliers for the public's information. XIL NOTICE TO THE PUBLIC XIII. Council Member Daigle reported being approached by a homeowners' association (HOA) regarding the need to pay a Fire Department fee when they erect a tent for special events. She noted that the City Manager is not authorized to waive fees but that the majority of Council is authorized to do so. She reported that the HOA has asked to have the item agendized for consideration. In addition, she addressed requests to agendize the Regional Dredging Permit and the eelgrass issue. Council Member Henn commented positively on the success of the recent Christmas Boat Parade, despite the controversy involved. He reported attending the Balboa Village Business Improvement District (BID) meeting where additional information was provided regarding the Boat Parade. He expressed appreciation to Visit Newport Beach, Inc. (VNB) for its help and to the residents that continued to support the Boat.Parade. Council Member Henn announced an upcoming e -Waste event at Mariner's School between 8:00 a.m. and 1:00 p.m. on January 19, 2013. He announced the upcoming Balboa Village Advisory Committee (BVAC) meeting on January 9, 2013 at 4:00 p.m, at the ExplorOcean Nautical Museum and announced the upcoming Tidelands Management Committee (TMC) meeting on January 14, 2013 at 4:00 p.m. at the OASIS Senior Center, Mayor Curry announced the upcoming Annual City Council Planning Session on Saturday, January 12, 2013 at 8:30 a.m. at the OASIS Senior Center and encouraged the public to attend. He reported participating in the recent dedication of Our Lady Queen of Angels Church. XIV. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE NOVEMBER 27, 2012 REGULAR MEETING; NOVEMBER 28, 2012 SPECIAL MEETING; DECEMBER 11, 2012 SPECIAL MEETING; AND DECEMBER 11, 2012 REGULAR MEETING. [100 -2013] 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. Volume 61 - Page 3 City of Newport Beach City Council Minutes January 8, 2013 B. ORDINANCE FOR ADOPTION 3. EMERSON ISLAND ANNEXATION LOCATED AT THE NORTHEAST CORNER OF TUSTIN AVENUE AND EMERSON STREET (PA2012 -034). [100 -20131 Conduct second reading and adopt Ordinance No. 2012 -23 approving Zoning Code Amendment No, CA2012.002. C. RESOLUTIONS FOR ADOPTION 4. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2013 UNDER THE CITY'S CONFLICT OF INTEREST CODE. [100 -20131 Adopt Resolution No. 2013 -1 adopting the 2013 Designated Employees List. D. CONTRACTS AND AGREEMENTS 6. PENINSULA POINT ALLEY REPLACEMENT COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4627. [381100 -20131 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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 applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after this Council acceptance. MISCELLANEOUS PAVING REPAIR - BRISTOL STREET SOUTH, NEWPORT COAST DRIVE AND JAMBOREE ROAD AT COAST HIGHWAY SOUTH - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4882. [381100 -20131 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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 applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after this Council acceptance. 8. CENTRAL BALBOA AND NEWPORT HEIGHTS ALLEY AND STREET REPLACEMENT -AWARD OF CONTRACT NO. 4945. 1381100 -20131 a) Approve the project drawings and specifications; b) award Contract No. 4945 to NOBEST, Inc., (NOBEST) for the total bid price of $1,320,000.00, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $198,000.00 (15 %) to cover the cost of unforeseen work and anticipated additional curb and gutter not included in the original contract. Council Member Henn abstained on this item since his home is located in Assessment District No. 100. 9. APPROVAL OF AMENDMENT NO. I TO ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC. (C -5015) AND HARRINGTON GEOTECHNICAL ENGINEERING, INC. 1381100 -20131 a) Approve Amendment No. 1 to the December 2, 2011, On -Call Professional Services Agreement with the GMU, to increase the contract limit to $250,000 for continuing on -call geotechnical and material testing services, and authorize the Mayor and City Clerk to execute the amendment; and b) approve Amendment No. 1 to the December 16, 2011, On -Call Professional Services Agreement with Harrington to increase the contract limit to $250,000 for continuing on- call geotechnical and material testing services and authorize the Mayor and City Clerk to Volume 61 - Page 4 City of Newport Beach City Council Minutes January 8, 2013 execute the amendment. 10. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DMS CONSULTANTS, INC. FOR THE DESIGN OF A STORAGE BUILDING AT THE BIG CANYON RESERVOIR (C-5342).[38/100-20131 Approve a Professional Services Agreement (PSA) with DMS Consultants, Inc. of Garden Grove at a cost not to exceed $136,770.00, and authorize the Mayor and City Clerk to execute the Agreement. E. MISCELLANEOUS 11. PLANNING COMMISSION AGENDA AND /OR AGENDA REPORTS FOR DECEMBER 6, 2012; DECEMBER. 20, 2012; AND JANUARY 3, 2013. [100 -20131 Receive and file. 13. REPLACEMENT OF MOBILE DATA COMPUTERS AND NEW INFORMATION TECHNOLOGY EQUIPMENT ON FIRE DEPARTMENT RESPONSE VEHICLES, [100 -20131 Approve Budget Amendment No. 13BA -025 appropriating $192,302.90 in the Equipment Replacement, Internal Services Fund, account number 6120 -9110, for the purpose of replacing Mobile Data Computers and new technology equipment on Fire Department response vehicles. Motion by Mayor Pro Tern Hill, seconded by Council Member Petros to approve the Consent Calendar, except for the items removed (5 and 12), and noting the abstention by Council Member Henn on Item 3. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle XV. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. AMENDMENTS TO CITY COUNCIL POLICY A-6 (OPEN MEETING POLICIES) AND CITY COUNCIL POLICY A -10 (PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS). [100 -20131 Council Member Daigle noticed that the report was prepared by the City Clerk and asked if the City Clerk came up with the proposal. Mayor Curry reported that the report was based on his recommendation. Council Member Daigle took issue with the portion of the proposal that does not allow the public to pull Consent Calendar items and believed it is important to keep the current practice, Council Member Gardner agreed that the public should be allowed to pull Consent Calendar items. Additionally, she clarified that the public is allowed to speak on agenda and non - agenda items during the Study Session. Regarding the time allowed for public comments, Mayor Curry reported that the City Clerk conducted a survey and found that most of the surrounding cities specify three minutes for public comments. Regarding pulling items from the Consent Calendar, the survey also found that people are able to speak on Consent Calendar items, but are not necessarily allowed to pull Volume 61 - Page 5 City of Newport Beach City Council Minutes January 8, 2013 them. Motion by Mayor Pro Tern Hill, seconded by Mayor Curry to adopt Resolution No. 2013 -2 amending City Council Policy A -6 (Open Meeting Policies) and City Council Policy A -10 (Procedural Rules for the Conduct of City Council Meetings). Jim Mosher noted Council's compensation under the new City Charter and believed that it is not unreasonable for Council to allow the public to comment on any item and for Council to vote separately on the items the public would like Council to act upon. He referenced the State Constitution and addressed the importance of not restricting access by the public. He urged Council to not restrict the City's existing rules without adopting findings. Laura Curran believed that the reason for the proposed changes is unclear and that the changes could reduce public input and transparency. She stated that often there are Consent Calendar items where input from the public may be useful and urged Council to facilitate as much public input as possible. She agreed with the proposed three minute time limit, but wondered if the time for comments under the Consent Calendar would be three minutes in total or three minutes per item. She added that it should be three minutes per item and wondered where public comments will occur during the meeting. Ms. Curran believed that the current process has worked well and encouraged allowing public comments earlier on the agenda. She asked for clarification regarding notification of newly added items to the agenda and encouraged Council to allow as much public comment as possible. George Schroeder noted that there currently is no Wi -Fi in the new Council Chambers and encouraged Council to meet at the old Council Chambers until Wi -Fi is available. He believed that the current process works and spoke in favor of allowing as much public comment as possible. Mayor Curry clarified the requirements of the Brown Act relative to noticing items on the agendas. Substitute motion by Council Member Gardner, seconded by Council Member Dade to Adopt Resolution No. 2013.2 amending City Council Policy A -6 (Open Meeting Policies) and City Council Policy A -10 (Procedural Rules for the Conduct of City Council Meetings), including a clarification that public comments during Study Sessions are for non - agenda items and Closed Session items, continuing the current practice relative to the public removing items from the Consent Calendar, and removing public comments prior to the Consent Calendar since it will no longer be needed. The substitute motion failed by the following roll call vote: Ayes: Council. Member Gardner, Council Member Daigle Noes: Council Member Petros, Mayor Pro Tem. Hill, Mayor Curry, Council Member Selich, Council Member Henn Amended motion by Mayor Pro Tern Hill, seconded by Mayor Curry to Adopt Resolution No. 2013 -2 amending City Council Policy A -6 (Open Meeting Policies) and City Council Policy A -10 (Procedural Rules for the Conduct of City Council Meetings), including allowing the public to comment on Study Session items and clarification regarding noticing requirements of adding items to the agenda, in accordance with the Brown Act. Council Member Henn asked Mayor Pro Tem Hill to consider amending it further to move the public comments on non- agenda items before the City Council discusses any Public Hearing. Discussion followed regarding when items are discussion items rather than Council action Volume 61 - Page 6 City of Newport Beach City Council Minutes January 8, 2013 items City Attorney Harp noted that the recommendations were formulated as a result of a request by Mayor Curry, but the staff report was provided by staff. He also noted that changes to the Charter did not increase City Council compensation and that the California Constitution as applied by Mr. Mosher is not applicable in this situation. Council Member Petres noted that no changes are being proposed relative to noticing requirements under the Brown Act and that the standard he has experienced for public comments is three minutes. He believed that this does not restrict the public's access to Council. However, he added that he would like to see the public have the ability to pull items from the Consent Calendar. Amended motion by Mayor Pro Tom Hill, seconded by Mayor Curry to Adopt Resolution No. 2013 -2 amending City Council Policy A -6 (Open Meeting Policies) and City Council Policy A -10 (Procedural Rules for the Conduct of City Council Meetings), including allowing the public to comment on Study Session items, clarification regarding noticing requirements of adding items to the agenda, in accordance with the Brown Act, and placing Public Comments before Public Hearings. The amended motion carried by the following roll call vote: Ayes: Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn Noes: Council Member Gardner, Council Member Petros, Council Member Daigle 12. APPOINTMENTS BY THE MAYOR TO THE COUNCILtCITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. 1100 -20131 City Clerk Brown requested that Council consider the following amendments: amend the appointment on the Orange County Sanitation District (OCSD) from Council Member Selich to Mayor Pro Tern Hill; continue appointments of the citizen members on the Aviation Committee, the July 4th West Newport Safety Planning Committee, and the Newport Coast Advisory Committee to allow her office to publish a notice and treat these appointments as unscheduled vacancies; and remove the appointments in their entirety to the Neighborhood Revitalization Committee-the Santa Ana River Crossing (SARX) Study Policy Advisory Committee, and the Growth Management Area 8 Committee since those committees are no longer in existence.- In response to Council Member Gardner's question regarding the Newport Coast Advisory Committee, City Clerk Brown noted there is one citizen member that is appointed by Council. City Manager Miff noted that the City needs to open the seat to see if there are any members of the Newport Coast area that would like to apply for the appointment. He stated that, although the committee does not meet often, this is an obligation under the pre - annexation agreement. Council Member Daigle referenced the Affordable Housing Task Force, presented an update relative to the City's Housing Element, and noted the need to ensure that the City's goals are consistent with State law. She reported that Housing and Community Development (HCD) approached the Southern California Association of Governments (SLAG) and told them that they will simplify the process and there will be certainty of review. She added that the Gubernatorial Appointee by the Governor stated that Legislature will not be focusing on housing and the need to reform it, but will be going in another direction. She suggested allowing Community Development Director Brandt to lead the Affordable Housing Task Force or form a Planning Commission sub - committee to address the subject. She noted that the Housing Element will be an update and not a re- write. Volume 61 - Page 7 City of Newport Beach City Council Minutes January 8, 2013 Discussion followed regarding previous projects related to the Housing Element and the existence of a policy that established the Affordable Housing Committee. Council Member Daigle reiterated that her suggestion is to no longer have the Affordable Housing Committee, but have staff perform the task. Council Member Henn believed that someone should look into the matter and return to Council with a recommendation. Council Member Daigle noted the value of having Council Members continue in policy areas in which they have been working, pointing out that she has been on the Finance Committee for eight years and would like to be reappointed to it. She believed that she was not reappointed due to her vote against the residential pier fee and took issue with Mayor Curry's demeanor during their discussion about not being reappointed to the Finance Committee, Motion by Council Member Gardner, seconded by Council Member Petros to confirm the appointments as outlined in the staff report and amended by the City Clerk. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn Noes: Council Member Daigle XVI. PUBLIC COMMENT'S George Schroeder announced an upcoming meeting of Speak Up Newport on January 9, 2013, at 5:30 p,m. at the Newport Beach Yacht Club where the Junior Lifeguard Program will be discussed. He also announced that the 32nd Annual Mayor's Dinner will be held at the Marriott Hotel on February 8, 2013. City Manager Kiff announced that Wi -Fi will be available in the new Council Chambers at the end of February. Peggy Fort, on behalf of the Newport Beach Restaurant Association Business Improvement District, invited the community to participate in the 7th Annual Restaurant Week being held from January 18 to January 27 in conjunction with California Restaurant Month. She noted that 70 restaurants have signed up to participate. She also personally invited Council to the VIP Media Reception on January 9, 2013 at the SHOR American Seafood Grill at the Hyatt Regency from 5:00 p.m. to 7:00 p.m. Mark Tabbert announced that he has made a New Year's resolution to participate in City Council meetings on a regular basis throughout 2013 to raise attention to the issue of climate change and generate support to pass legislation to regain a stable climate. He reported that he is a member of the Orange County Chapter of the Citizens' Climate Lobby and presented information on the organization. Council Member Petros reported that, while on the Orange County Council of Governments (OCCOG), he was the Project Manager for the Sustainable Community Strategy SB 375 Climate Greenhouse Gas Legislation and reported that as a result of that effort, the County now has 16 different strategies to address climate change and greenhouse gas reductions. In addition, he noted that throughout the process of developing the strategies, City staff was present and participated in the process. He noted the many projects which the City is invested in, Volume 61 - Page 8 City of Newport Beach City Council Minutes January 8, 2413 XVIL ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Gardner noted that the Water Quality /Coastal Tidelands Management Committee will not be meeting this month because it is being reconstituted. Council Member Daigle reported attending the SCAG meeting where SB 375 was discussed and where HCD reported its attempts to streamline government and provide certainty of review to the Housing Element. Council Member Henn reported on the inaugural meeting of the Balboa Village Advisory Committee (BVAC) which was held on December 13, 2012. He noted that the residential permit parking program was addressed as part of the concept plan for improvement and a recommendation will be presented to Council at its next meeting. He added that the Master Plan for the Committee was reviewed and minor adjustments were made. He expressed appreciation to the citizens and staff for its support. XVIII. PUBLIC HEARING 14. UPTOWN NEWPORT PROJECT: NOTICE OF INTENT TO OVERRULE THE AIRPORT LAND USE COMMISSION'S DETERMINATION OF INCONSISTENCY FOR THE UPTOWN NEWPORT PROJECT AT 4311 -4321 JAMBOREE ROAD. [100 -20131 Council Member Petros recused himself from this matter because he has had previous business associations with the applicant. He proceeded to leave the dais. Community Development Director Brandt utilized a PowerPoiint presentation to discuss the location of the project and provide a description of the project. She noted that it is located within the John Wayne Airport's area of influence and requires review by the Airport Land Use Commission (ALUC) for consistency with the Airport Environs Land Use Plan (AELUP). She reported that the project requires a zoning amendment and that, according to State law, it must be referred to ALUC for their review and recommendation. She added that the review occurred in October 2012 and addressed the findings by the ALUC that the project was inconsistent with the AELUP. Community Development Director Brandt addressed previous findings by ALUC and noted that the California Public Utilities Code (CPUC) has a process' for when a project receives such a determination that the applicable city can initiate to overrule the determination. She stated that it is a two -step process and the first step is being considered at this time which is for Council to adopt a Notice of Intention that is then sent to the ALUC and the State Division of Aeronautics. Community Development Director Brandt indicated that the intent of the resolution is to put the agencies on notice that Council is considering and has initiated the process to overrule ALUC's findings of inconsistency. Subsequently, there is a 30 day period where both agencies can respond to the resolution and after 45 days, Council can begin to take deliberations and actions on the proposed project. She emphasized the importance of noting that, if Council chooses to adopt the resolution, it does not convey any intent to adopt or approve the project in the future. If at a later date during the project deliberations Council chooses to overrule the ALUC's action, it does not affect the City's standing as a consistent agency with the AELUP. She affirmed that it only begins the process and that Council will consider the project once the Planning Commission concludes their review of the project. Community Development Director Brandt addressed the Planning Commission's consideration and actions thus far and presented a project timeline. She referenced the resolution to adopt at a later date and presented recommendations. In addition, she reported that the CPUC requires a two - thirds vote of Council in order to pass the notice and subsequent overrule process. Volume 61 - Page 9 City of Newport Beach City Council Minutes January 8, 2013 Council Member Daigle painted out that the response from the ALUC was identical to what the City of Irvine received when they were doing similar structures in the area. Council Member Selich stated that the staff report did not list specific reasons for the ALUC's recommendation. Council Member Daigle reported that their initial main concern was the height of the buildings, but expanded due to the residential character of the project. Council Member Selich noted that the proposed residential units are outside the noise contour. In response to Council Member Gardner's question regarding the possibility of the project changing the City's liabilities, City Attorney Harp reported that liability is not shifted to the City, but is an immunity provision for them which is similar to what the City has when it makes land use decisions. Mayor Curry opened the public hearing. Jim Mosher believed that adopting the Notice of Intent at this point is not in the City's best interest. He reported listening to an audio of the meeting and that the ALUC did not absolutely reject the project, but expressed concern that small planes were climbing and turning over the area, and they did not want this to become a solid wall of buildings where an aviator mishap could occur. Further, since the Planning Commission has not concluded their deliberations on the project, ALUC was concerned that they may pre - approve a project where another project may be built. He noted that ALUC expressed an interest in working with the applicant to develop mutually acceptable solutions and referenced a statement by another ALUC Commissioner that if the City chooses to proceed with the overrule process, any liability would leave John Wayne Airport (JWA) and go to the City. He believed that the project should go back to ALUC and then Council should consider overriding their decision. Brian Rupp, The Shopoff Group, spoke on behalf of the project applicant and reported attending the ALUC meeting. He referenced and quoted excerpts from the ALUC report, and reported that the Federal Aviation Administration (FAA) conducted studies regarding the building heights and determined that there would be no hazard to air navigation. He added that none of the findings required for a determination of inconsistency were found for the ALUC determination and lacks specific criteria. He requested that Council make a favorable decision on the matter. There being no further testimony, Mayor Curry closed the public hearing. Motion by Council Member Selich, seconded by Council Member Henn to adopt Resolution No. 2013 -3 notifying the Orange County Airport Land Use Commission and the State Division of Aeronautics of the City's intention to overrule the Airport Land Use Commission's determination that the proposed Uptown Newport mixed -use residential planned community is inconsistent with the Airport Environs Land Use Plan for the John Wayne Airport, and finding the adopting of the Resolution is not subject to California Environmental Quality Act (CEQA). The motion carried by the following roll call vote: Ayes: Council Member Gardner, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Abstain: Council Member Petros XIX. CONTINUED BUSINESS 15. CORONA DEL MAR LANE MERGE RELOCATION TRIAL - TRAFFIC ANALYSIS. Volume 61 - Page 10 City of Newport Beach City Council Minutes January 8, 2018 1100 -20131 Public Works Director Webb provided a PowerPoint presentation to discuss the background and details of the previously- approved Conceptual Entryway Plan. He addressed public comments and concerns regarding additional traffic delays and noted that Council had budgeted $26,000 to conduct a trial lane merge review. He presented the schedule in which the trial lane merge occurred, elements of the trial, and placement of the lane merger. City Traffic Engineer Brine noted that findings and recommendations were based on observations made in the field and through CCTV cameras. He reported that during weekend peak hours, a consistent backup of traffic was observed beyond Avocado Avenue. In addition, there was increased congestion on MacArthur Boulevard and it was observed that cars within the intersection were blocking pedestrian crosswalks. He addressed utilization of a "de facto" third left -turn lane by vehicles, displayed examples of intersection congestion, backup at right turns to Carnation, additional observations during Labor Day weekend, details of the traffic analysis, public outreach, and survey results. Council Member Gardner addressed conflicting comments received from the public. City Traffic Engineer Brine addressed parking issues during the daytime, parking shifting into residential neighborhoods during the evening hours, recommendations relative to parking, relocation of parking spaces, access to the El Ranebito parking lot, details of general findings, and options. He also noted a correction to the staff report. Council Member Petros reported reviewing the General Plan, noted that the Circulation Element calls this area a six -lane arterial, and suggested that anything less than that would be outside the General Plan. He asked about the consistency with the Orange County Transportation Authority (OCTA) process and what that may do to funding for the City's Capital Improvement Projects (CIPs). Public Works Director Webb reported that the plan was reviewed by OCTA and expressed, that, if the City were to proceed with modification, it would need to go through a Master Plan for Arterial Highways (MPAH) amendment process. Further the City could be subject to a loss of Measure M dollars. Council Member Gardner noted that there would be room for additional landscaping if the sidewalk remains but the parking is removed. Public Works Director Webb agreed and noted that parking would need to be replaced and that staff would need to look into the matter further. Council Member Selich wondered regarding effects on the bike lanes. Public Works Director Webb reported that the City is planning to install a striped bike lane through the intersection, but it would have to drop past Carnation. Ron Yee reported that he was part of the Citizen's Advisory Panel (CAP) and that the majority of the members are enthusiastic about the project as presented. He expressed appreciation for the traffic study and reported conducting an informal survey during a recent Farmers' Market day where 30 people signed a petition in favor of the project. He believed that the traffic study is a bit biased and that issues could be resolved. He noted that there is no loss of service and encouraged Council to look at the positive aspects of the plan and approve it. Scott Laidlaw reported that he did not respond to the survey, but did not have a negative experience with the test merger. He reported that the amount of public input was very low and believed that too much weight should not be given to it. He encouraged Council to look at the benefits of the project and approve it. Volume 61 - Page 11 City of Newport Beach City Council Minutes January 8, 2013 Keith Dawson spoke in favor of the project and requested that Council approve it without modification, Jim Walker stated that he has mixed feelings about the proposal and believed that it is a great plan; however, expressed concerns with the loss of parking. He believed that parking on Carnation should be in addition to the existing parking. He asked that Council review the impact that removing existing parking will have on the business community in the area. Bernie Svalstad commented on flaws in the traffic study and discussed public outreach. He believed that some of the facts in the staff report are incorrect relative to a previous test and encouraged Council to approve the project. lie noted that businesses are opposed to having the parking removed from the area. George Schroeder addressed the impacts to traffic, believed that the level of service would be negatively impacted, and expressed concerns with negative impacts to existing businesses by removing parking. Ron Hendrickson expressed concern with the amount of money it will take to move the merge lane in order to gain an attractive entry into the area He commented on the alternate recommendations and believed they make better sense. He addressed impacts to businesses and expressed support for the 20•foot wide sidewalk as proposed by staff. He referenced upcoming projects in the area and noted that those will have negative affects to traffic in the area. He hoped that Council follows staffs recommendations. Frank Peters addressed enhancing the pedestrian experience and bicycle safety, and encouraged Council to vote in favor of the project and remove the parking spaces. Sandie Haskell encouraged Council to support the project as presented and believed that the increased traffic has a lot to do with the timing of the traffic signals. She added that moving the bottle neck would be safer and spoke in favor of having a friendly pedestrian area. John Carroll, Vice President of the Irvine Terrace Homeowners' Association, reported receiving several calls while the traffic trial was occurring and expressed safety concerns with the proposed project. He also believed that the addition of the Sharrows will add to the traffic congestion. Council, Member Petros stated that he likes the notion of pedestrian activity in Corona del Mar and believed that it should be promoted throughout the City; however, he cautioned Council on moving forward because of the potential implications with the OCTA and some of the policy issues. He expressed the opinion that acting at this time would be premature and noted that, while this plan removes the lane, it also removes parking. He believed that a hybrid of the recommendations would provide an advantageous solution, and that parking remedies could be found at other locations. Council Member Gardner questioned what widening the sidewalk accomplishes and believed that they seem to be wide enough. Council Member Selich noted that the idea was to move the bottleneck further west. He indicated that the Irvine Terrace Homeowners' Association does not support the project and detailed their concerns. Council Member Henn reported traveling through the trial area and indicated problems trying Volume 61 - Page 12 City of Newport Beach City Council Minutes January 8, 2013 to make a left turn onto Avocado Avenue. He believed that this is a more impactful move than what has been described and that some of the benefits could be achieved by eliminating the parking spaces and widening the sidewalk, while still retaining the three lanes. He believed that widening the sidewalk would benefit the ambiance and the pedestrian - favored area. He stated that before moving forward, he would like to see parking solutions. Council Member Gardner agreed and added she would like to see a holistic parking solution for the area. Mayor Pro Tem Hill addressed the goal of creating an enhanced environment for the entrance to Corona del Mar. He commented on the benefits of enhanced landscaping and encouraging businesses to implement outside dining. He believed that aesthetics can be achieved by eliminating parking and reducing landscaping to reach a compromise. He stated that next steps should include coordination with other County agencies to ensure that the action taken does not eliminate the City's access to Measure M funds. Council Member Selich referenced the original vision plan, including creating a more pedestrian - friendly plan and agreed with the need for a wider sidewalk and the addition of landscaping. Motion by Council Member Gardner, seconded by Council Member Selich to accept the proposal by staff to eliminate parking, but not change the merge lane, and to pursue a conceptual landscape design for the area. Mayor Pro Tem Hill proposed amending the motion to indicate a re- design of the area to incorporate a wider pedestrian way and appropriate landscape, and to evaluate a parking solution before proceeding with the project. Council Members Gardner and Selich agreed with the proposed amendment. Mayor Curry agreed that the loss of parking needs to be carefully addressed to make sure that more problems are not created and to ensure that there are adequate provisions for substitute parking going forward. City Manager Ki£f reported that staff will need to return to Council with a budget request for the conceptual plan. He noted that the overall capital expense for the project has not been budgeted and that Council will need to make that decision in the future. The motion carried by the following roll call vote: Ayes: Council Member Gardner., Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Mayor Curry invited Bill Barrington to address Council. Bill Barrington announced that the Christmas Boat Parade Awards Banquet will be held on January 25, 2013, at the Balboa Bay Club and Resort at 6:00 p.m. and encouraged the public to attend. XX. CURRENT BUSINESS 16. ADOPT RESOLUTION NO. 2013 -4 AMENDING THE INDENTURE FOR THE CITY'S HOAG MEMORIAL HOSPITAL PRESBYTERIAN REVENUE BONDS, SERIES 2009B, C, D, AND E. Volume 61 - Page 13 City of Newport Beach City Council Minutes January &, 2013 Motion by Council Member Selich, seconded by Council Member Henn to adopt Resolution No. 2013.4 authorizing amendments to the bond indenture for the City of Newport Beach Revenue bonds (Hoag Memorial Hospital Presbyterian), Series 2009B, C, D, and E. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle 17. REUSE OF EXISTING CITY HALL PROPERTY (PA2012 -176) - REQUEST FOR QUALIFICATIONS NO. 13 -16 - 3300 NEWPORT BOULEVARD AND 475 32ND STREET. [731100- 2013) Council Member Petros reported that he has a business association with one of the possible respondents, recused himself from hearing this matter, and left the dais. Council Member Henn reported that he has a business relationship with a business in the Via Lido Plaza, recused himself from hearing the matter, and left the dais. Community Development Director Brandt reported that staff has been in the process for several months regarding the appropriate land use for the current City Hall property once it is vacated. She addressed the release of Requests for Qualifications (RFQs), statements received, evaluation of submittals, ranking by various individuals and groups, and recommendations to move forward into a Request for Proposal (RFP) phase and limiting it to six respondents. She noted receiving notification from Archstone that they are withdrawing from the process and a recommendation that Olen Properties Corporation be included into the band of possible teams. She presented 'information regarding the most qualified teams, as listed in the staff report, and the two categories of possible uses. She expressed appreciation for all of the submittal packages given to the City in response to the RFQ. Principal Planner Campbell presented the schedule of events for the next phase in the process and presented recommendations. In response to Council questions, Community Development Director Brandt reported that staff will be developing precise criteria for the next phase in terms of ranking the proposals and meeting the City's intent and purposes for the property. Matt Shannon, Redevelopment Strategist, presented his experience and thanked :Mayor Pro Tem Hill and Council Member Henn for the historical information provided to him. He noted that the Lido Village's prominent use is retail, noted blight in the area, and believed that neither apartments nor hotels will enhance redevelopment in that area. He added that there has been no analysis regarding retail decline in the area or how much retail will be allowed without triggering a City -wide vote. He expressed the opinion that part of the problem is that there is insufficient retail in the Lido Village area combined with the loss of a grocery store anchor. He believed that existing retail would thrive with the addition of more retail in the area, especially high -end retail. He suggested a "Rodeo Drive" for Orange County on the property or a "Santa Ana Row'. He suggested putting the current RFQ on hold for a few months, conducting an analysis of how much retail can be built on the site without triggering a City -wide vote, and issuing a separate RFQ targeting the country's best retail and mixed -used developers, as well as the possibility of a joint development with the winners of the two RFQs. George Schroeder believed that the area has been studied to death. He noted that the proposed uses will not compete with existing retail and expressed support for staffs recommendations. Volume 61 - Page 14 City of Newport Beach City Council Minutes January 8, 2013 Hugh Helm, designated representative for the Lido Isle Community Association Board, clarified that he speaks on behalf of the Board, referenced the amount of responses received to the RFQs and agreed with staffs recommendations. Motion by Council Member Selich, seconded by Mayor Pro Tern Hill to direct staff to prepare a Request for Proposals for either a residential/commercial mixed -use project or hotel project, and invite the following entities to submit a proposal: Boutique Hotel Concept Pacific Hospital Group, RD Olson Development, Sonnenblick Development Company Residential Mixed -Use Concept - AMLI Residential Partners, Olen Properties Corporation, The Shopoff Group Mayor Curry commented positively on the process thus far. Council Member Selich acknowledged the attendance by representatives of the groups invited to submit a proposal and noted that City wants a unique design. He added that consideration of the proposals will take into account direct financial benefits to the City, as well as indirect benefits pointed out in the previous analysis. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Mayor Pro Tem Hill, Mayor Curry, Council Member Selicb, Council Member Daigle Abstain: Council Member Petros, Council Member Henn XXI. MOTION FOR RECONSIDERATION - None XXIL ADJOURNMENT - Adjourned at 9:51 p.m. in memory of George Koehler, Brian Gray, Buddy Belshe, and Walter Charamza The agenda for the Regular Meeting was posted on January 4, 2013, at 1:10 p.m, on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 4 k , W� Recording Secretary Mayor City Clerk t} �P Volume 61 - Page 15