Loading...
HomeMy WebLinkAbout02/28/2012 - Regular MeetingCity 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 Tern 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) Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City Manager; Terri Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel and Negotiator Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); and Newport Beach Part -Time Unit (UPEC, Local 777) 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 Di. INVOCATION - Melinda Blackman, Harbor Christian Church Volume 60 - Page 380 City of Newport Beach City Council Minutes February 28, 2012 X. PRESENTATION Presentation of Plaques to former Planning Commissioners Charles Unsworth and Robert Hawkins, and Harbor Commissioner Vincent Valdes - Mayor Gardner acknowledged former Planning Commissioners Charles Unsworth and Robert Hawkins 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. Council Member Daigle announced that the Annual Police 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 Police Patrol 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 e -waste disposal site at the Corporate Yard, and reported 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 attended 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 scavenging 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 study. She also directed staff to provide a Study Session report for Council's review of the Volume 60 - Page 381 City of Newport Beach City Council Minutes February 28, 2012 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 SWEEPING PARKING RESTRICTIONS ON KLINE DRIVE. [100 -2012] 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 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 -2012] 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 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. Amending 11.04.070 Prohibited Conduct Section D and Striking 11.04.080 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 -2012] 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 -2012] 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 reading and adopt Ordinance No. 2012 -9 approving Code Amendment No. CA2011 -008. Volume 60 - Page 382 City of Newport Beach City Council Minutes February 28, 2012 8. NEWPORT BEACH COUNTRY CLUB (PA2005 -140) - GOLF REALTY FUND - 600 AND 1602 EAST COAST HIGHWAY (C- 5068). [381100 -2012] 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 N5. 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 -152) - NEWPORT BEACH COUNTRY CLUB, INC. - 1600 EAST COAST HIGHWAY (C-5045).[38/100-20121 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). [38/100- 2012] 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. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH ALLANA BUICK AND BERS FOR BUILDING ENCLOSURE WATERPROOFING CONSTRUCTION MONITORING SERVICES (C- 4527). [381100 -2012] 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. [100 -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 AGENDAS FOR FEBRUARY 23, 2012. [100 -2012] Receive and file. Volume 60 - Page 383 City of Newport Beach City Council Minutes February 28, 2012 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. [700 -2012] Direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted 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. [100 -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 FOR A SARX STUDY UPDATE. [100 -2012] Authorize Mayor Gardner to send a letter to OCTA. Motion by Mayor Pro Tern 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 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 XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XV. PUBLIC COMMENTS Deborah I {oken, 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 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 Mar. Council Member Henn reported that the Tidelands Committee met on February 15, 2012 in which they discussed the significance of including a report from the Citizens Advisory Panel, provided a Volume 60 - Page 384 City of Newport Beach City Council Minutes February 28, 2012 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 presentation 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 Park. 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 Residents 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 square footage associated with 24 -Hour Fitness was identified in 2007 along with other Volume 60 - Page 385 City of Newport Beach City Council Minutes February 28, 2012 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 terns. 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 will 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 non - habitable square footage; and c) receive and file the annual report of the 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 Piro 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) (C- 5066). [381100 -20121 Community Development Director Brandt introduced the item, noted it was continued from the February 14, 2012 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 MCA, 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. In response to Council Member Daigle's question, Community Development Director Brandt Volume 60 - Page 386 City of Newport Beach City Council Minutes February 28, 2012 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 agreement. Robert Hawkins, Friends of Dolores, believed that there is a need 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 relative 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 Masher pointed out a discrepancy regarding the generation of $1.6 million for the affordable housing fund versus $1.2 million referenced elsewhere in the document, suggested that the money expected from park fees be used to acquire Banning Ranch, and reported that a September 2009 Coastal Commission meeting is still posted on the property. Associate Planner Murillo clarified that the resolution has a typographical error in that it should state $1.6 million of in lieu fees rather than $1.2 million. Council Member Selich noted that the total revenue to the City for this project will be approximately S7 million 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 fees at certain intervals as well as the $5 million public benefit fee, and added that it is not a concern of the City. Motion 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 -2012] City Manager Kiff reported that this item is being presented at the request of Council Volume 60 - Page 387 City of Newport Beach City Council Minutes February 28, 2012 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 $503 for the 2012 Corona del Mar Coastline Classic, constituting a fee waiver of approximately $6997; b) authorize the City Manager 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 in 2012 and 2013; and c) approve parking fee waivers for 2012 and 2013 in advance, provided that the amount waived is not above $10,000 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 Pro Tem Curry, Council Member Henn XIX. CURRENT BUSINESS 22. APPOINTMENTS TO FILL THE VACANCIES ON THE CITIZENS BICYCLE SAFETY COMMITTEE. [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. Council selected the seven finalist by a vote with paper ballots. Motion by Council Member Henn, seconded by Mayor Pro Tern Curry to appoint Michael Alti, Lou Cohen, Robert Kahn, Denis La.Bonge, 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: Ayes: Council Member Hill, Council Member Rosansky, Council Member Selich, Council Volume 60 - Page 388 City of Newport Beach City Council Minutes February 28, 2012 Member Daigle, Mayor Gardner, Mayor Pro Tern Curry, Council Member Hems 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 a decrease 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 traffic backups. 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. City Attorney Harp reported that according to the City Charter, the Planning Commission Volume 60 - Page 389 City of Newport Beach City Council Minutes February 28, 2012 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 Svalstad, Chairman of the Business Improvement District, 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 spoke 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 Sehch, Mayor Gardner, Mayor Pro Tem Curry, Council Member Henn Noes: Council Member Daigle 24. QUARTERLY BUSINESS REPORT - OCTOBER THROUGH DECEMBER 2011. [I00- Volume 60 - Page 390 City of Newport Beach City Council Minutes February 28, 2012 2012] 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 delivering cut and balanced budgets. Council Member Henn stated that cut and balanced budgets preserve 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 the Coastal Commission. 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 Kiff 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 Tem 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. Dan Purcell believed that Council should disclose how much money is being paid to serve on Volume 60 - Page 391 City of Newport Beach City Council Minutes February 28, 2012 each of the outside Committees /Commissions Motion by Council Member Henn, seconded by Mayor Pro Tern 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 Tern Curry, Council Member Henn XX. MOTION FOR RECONSIDERATION - None XXII. ADJOURNMENT - At 9:33 p.m. in memory of Jack Butefish 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. 46w-, -� km o-- o — City Clerk Recording Secretary Volume 60 - Page 392