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HomeMy WebLinkAbout05/14/2013 - Regular MeetingCity Council Minutes Regular Meeting May 14, 2013 -- 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:55 p.m. A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code.§ 54957): Title: Dave Kiff, City Manager B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): I matter Newport Beach Dockowners Association v. Newport Beach City Council Orange County Superior Court Case No. 30 -2013- 00630419 III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle VI. CLOSED SESSION REPORT - City Attorney Harp announced that no reportable actions were taken, but reported that Council Member Selich recused himself from Closed Session Item ILB (Newport Beach Dockowners Association u. Newport Beach City Council), VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Hill VIII. INVOCATION -Mayor Curry IX. Proclamation Designating May 12 to May 18, 2013 as Poppy Week - Mayor Curry read the proclamation and presented it to American Legion Auxiliary Post 291 President Kendall Matson. Miss Poppy, Rachel Heidemen, recited the poem, "In. Flanders Field "; and she and Jr, Miss Poppies handed out poppy boutonnieres. Volume 61 - Page 157 City of Newport Beach City Council Minutes May 14, 201.3 Proclamation Designating May 2013 as Lupus Awareness Month - Mayor Curry read the proclamation and presented it to the parents of Bridget Hood. Mr. and Mrs. Hood explained that their daughter, Bridget, is in Sacramento speaking on the topic of Lupus. Mrs. Hood reported that Bridget has suffered from Lupus for the last twenty years. She added that her disease attacked her kidneys and she has received a kidney transplant from her brother. She indicated that Bridget feels she has received a second chance and has committed herself to spreading the word regarding this devastating disease. Mrs. Hood reported that great strides are being made in the treatment of Lupus. Mr. Hood commented on the need for increased information and thanked Council for the Proclamation increasing awareness and promoting hope in finding a cure. „ Proclamation Designating May 19 to May 25, 2013 as National Public Works Week - Mayor Curry invited Public Works Director Webb to the podium and presented him with the Proclamation. Public Works Director Webb expressed his appreciation for the Proclamation and commented on the importance of public works infrastructure. He thanked the City's Municipal Operations and Utilities staff, Mayor Curry announced that the City was recognized by Senator Mimi Walters and Supervisor John Moorlach on the new City Hall facility and expressed his appreciation for the recognition. X. NOTICE TO THE PUBLIC Council Member Petros commented on the devastating effects of cancer on the community and announced the upcoming Relay for Life event at Newport Harbor High School on Saturday, May 18, 2013. He encouraged the public to participate or donate to the American Cancer Society through the Relay for Life website. Mayor Pro Tern Hill announced that the Council Member Henn, staff, and himself attended the American Planning Association event where the City's Planning Division received the Outstanding Planning Award for the Newport Beach Banning Ranch Project. Council Member Daigle reported on a recent meeting of the Eastbluff Community Association in which the airport, public safety, and school traffic and parking were discussed. She provided an update on the meeting and addressed progress made on airport departure and curfew issues. Additionally, she reported that residents are experiencing students parking issues in front of their homes and noted the need to take stronger action on the matter. Council Member Henn mentioned the American Planning Association awards and noted that the City also received an award for Community Involvement and Outstanding Engagement for its Neighborhood Revitalization Program. He commended the Community Development Department. Council Member Sehch announced that the Balboa Art Walk will be held on Sunday, May 19, 2013, . from 9:00 a.m. to 5:00 p.m. Mayor Curry reported on the recent Newport to Ensenada Yacht Race, Newport Beach Film Festival, the Donate Life Run/Walk, the Jewish Federation Open House, the Scholarship Breakfast, the Orange County Tourism Conference, the Orange County Marathon, and the Yacht Club Open House. He also discussed the Grand Opening of the new Civic Center and thanked staff, the Volume 61 - Page 158 City of Newport Beach City Council Minutes May 14, 2013 restaurants, Armstrong Nursery, and the U.S. Marines for their participation in making it such a special event. XII. PUBLIC COMMENTS ON CONSENT CALENDAR - None XIII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. MINUTES FOR THE APRIL 23, 2013 STUDY SESSION AND REGULAR MEETING. [100 -20131 Waive reading of subject minutes, approve as amended, and order filed. 2. READING OF ORDINANCES. Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. C. ORDINANCE FOR ADOPTION 5. ADOPTION OF ORDINANCE NO. 2013 -9 APPROVING CODE AMENDMENT NO. CA2013 -001 FOR MIXED -USE ZONING DISTRICTS ON THE BALBOA PENINSULA (PA2013 -020). 1100 -20131 Conduct second reading and adopt Ordinance No. 2013 -9, An Ordinance of the City Council of the City of Newport Beach Approuirg Code Amendment No. CA2013 -001 Modifying the Minimum Lot Area /Density Standard for MU -V (Mixed. Use Vertical), MU -CV 115th Street (Mixed- Use Cannery Village and 15th Street), and M.0 -W2 (Mixed -Use Water) Zoning Districts (PA2013- 020). D. CONTRACTS AND AGREEMENTS 6. PLAYGROUND IMPROVEMENTS PROJECT - NOTICE OF COMPLETION FOR CONTRACT NO. 5392. [381100 -2013] 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 the applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 7. CENTRAL LIBRARY RVAC SYSTEM UPGRADES - AWARD OF CONTRACT NO. 5277. [381100 -2014 a) Approve the project drawings and specifications; b) award Contract No. 5277 to Western Allied Corporation (Western Allied) for the total bid price of $248,741.00, and authorize the Mayor and City Clerk to execute the contract; and c) establish a contingency of $38,009.00, approximately 15 percent, to cover the cost of unforeseen work. 8. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH RREUZER CONSULTING GROUP FOR OLD NEWPORT BOULEVARD AND WEST COAST HIGHWAY MODIFICATIONS - CONTRACT NO. 5244. [381100 -20131 Approve a Professional Services Agreement with Kreuzer Consulting Group (KCG) of Seal Beach, California, for design and construction support services at a not -to- exceed fee of $324,734.00, and authorize the Mayor and City Clerk to execute the Agreement. Volume 61 - Page 169 City of Newport Beach City Council Minutes May 14, 2013 9. PROFESSIONAL SERVICES AGREEMENT WITH DANIEL B. STEPHENS & ASSOCIATES, INC. (DBS &A) FOR BIG CANYON WATER BALANCE AND ACCEPT A CONTRIBUTION FROM THE COUNTY OF ORANGE FOR FUNDING (C- 5469). [381100 -20131 a) Accept a $40,000 contribution from the County of Orange to fund additional tasks for an ongoing water balance study in the Big Canyon Watershed, and authorize the Public Works Director or designee to represent the City for all matters pertaining to this contribution; b) approve Budget Amendment No. 13BA -040 recognizing a contribution of $40,000 from the County of Orange to Account No. 255.4913 and appropriating $40,000 to Account No.7255- 05002004; and c) approve a Professional Services Agreement with DBS &A of Newport Beach, California, at a not to exceed cost of $62,893, and authorize the Mayor and City Clerk to execute the Agreement. E. MISCELLANEOUS 10. PLANNING COMMISSION AGENDA FOR MAY 9, 2013. 1100 - 20.131 Receive and file. 11. BUDGET AMENDMENT TO APPROPRIATE REVENUES AND EXPENDITURES FOR OASIS FITNESS CENTER PERSONAL TRAINERS. [100 - 20131 Approve Budget Amendment No. 13BA -039 to appropriate $61,344 in Revenue Account 4415 -5167 and $42,940 in Expenditure Account 4415 -8380 Motion by Mayor Pro Tom Hill seconded by Mayor Curry to approve the Consent Calendar, except for the items removed (3 and 4). 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, Counch Member Henn, Council Member Daigle XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. CODE AMENDMENT NO. CA2013 -002 AMENDING TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE IN RESPECT TO THE PERIODIC REVIEW OF DEVELOPMENT AGREEMENTS (PA2013-082). 1100 -20131 Council Member Gardner expressed concerns that having the Community Development Director review Development Agreements does not allow for public involvement since there will be no notices or public hearings, Community Development Director Brandt reported that the amendment presented an opportunity for the City to streamline the process for conducting periodic reviews of Development Agreements. She addressed the purpose of the periodic review, the possibility of a hiatus in development, and noted the proposed amendment would allow for the Community Development Department to conduct periodic reviews of Development Agreements. She indicated that there is no public notice requirement associated with this type of review, but Council could delegate the review to the Zoning Administrator or Planning Commission as an alternative since the review would require a public hearing and notices. She added that in terms of reducing paperwork, it would be the same amount regardless of the level of review. Volume 61- Page 160 City of Newport Beach City Council Minutes May 14, 2013 Council Member Gardner stated that a public process is important and recommended delegating the matter to either the Zoning Administrator or the Planning Commission. Motion by Council Member Gardner, seconded by Council Member Daigle to introduce Ordinance No. 2013 -10, An Ordinance of the City Council of the City of Newport Beach Amending Chapter 15.45.080 of the Newport Beach Municipal Code Relating to the Periodic Review of Development Agreements (PA2013 -082), a) finding that this Code Amendment is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines; and b) approving Code Amendment No. 2013 -0002 to allow the periodic review of Development Agreements to go before the Zoning Administrator, and pass to second reading on May 28, 2013. Discussion ensued regarding whether to delegate the review to the Zoning Administrator or the Planning Commission, and include the ability for the Community Development Director to determine when an item should be presented to Council. Jim Mosher commented on the importance of public input and agreed with designating the Zoning Administrator to review Development Agreements. City Attorney Aaron Harp suggested continuing the item and reintroducing the ordinance after modifications have been made to the ordinance. Substitute motion by Council Member Gardner, seconded by Mavor Pro Tem Hill to continue the item to the next City Council meeting. The substitute motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council Member Selich, Counclf Member Henn, Council Member Daigle 4. CONSIDERATION OF AN ORDINANCE AMENDING VARIOUS PROVISIONS OF THE NEWPORT BEACH MUNICIPAL CODE (NBMQ. [100 -20131 Council Member Gardner noted that the handout that added language to an ordinance was actually for Item 3, not Item 4, and noted that the matter is now clear. Motion by Council Member Gardner, seconded by Mayor Curry to introduce Ordinance No. 2013 -11, An Ordinance of the City Council of the City of Newport Beach adding, amending and repealing various provisions of the NBMC, and pass to second reading on May 28, 2013. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council Member Selich, Counclf Member Henn, Council Member Daigle XV. PUBLIC COMMENTS ON NON AGENDA. ITEMS Jim Mosher referenced Measure EE relative to class action lawsuits and addressed a recent opinion by the California Supreme Court giving the power to regulate claims against local governments to the State legislature. He believed that Measure EE gives no protection and is not valid due to this ruling. Volume 61 - Page 161 City of Newport Beach City Council Minutes May 14, 2013 City Attorney Harp reported that the Charter update reflected the current state of the law at the time. He addressed the recent opinion by the California Supreme Court and reported that cities affected by that opinion are seeking a legislative fix of the issue. He added that the City is in a good position going forward since the City already has a Charter provision. If the legislature decides not to fix it, there is a severability provision in which the specific provision would not be valid without affecting other provisions within Measure EE. Gary Kutcher, Race Director for the Orange County Marathon, presented a summary of the event, referenced the recent Boston Marathon tragedy, and thanked Council and the Newport Beach Police Department for their coordination with other agencies in increasing public safety measures. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported on a recent meeting of the General Assembly of the Southern California Association of Governments (SLAG). Additionally, she provided an update on a recent meeting of the Affordable Housing Task Force and addressed the Housing Element and policies for determining housing needs. She added that the City's burden is to demonstrate that it has the capacity to meet the needs and addressed ideas for using funds to help the City reach its housing goals. She stated that the Task Force was interested in a Housing Preservation Program and encouraged staff to schedule a future meeting to discuss the matter. Council Member Henn reported on a recent meeting of the Balboa Village Advisory Committee (BVAC) where it considered the work program for the proposed Urban Land Institute Technical Advisory Panel. Additionally, BVAC considered an Employee Parking Permit Program and discussed a concept that will be presented for public input to both businesses and residents. He reported that the BVAC also discussed the new parking meter technology being implemented for the Balboa Pier lots and Parking Field Survey work. Regarding yesterday's Finance Committee meeting, Council Member Henn reported that they discussed the budget presentation that was presented during today's Study Session and staffing levels. XVIL PUBLIC HEARINGS 12. ORDINANCE NO. 2013 -12: DISESTABLISHING THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT. 1100 -20131 City Manager Kiff provided a brief staff report and highlighted the recommendation. Council Member Gardner expressed disappointment that the Marine Avenue Business Improvement District (BID) decided not to use Visit Newport Beach, Inc. (VNB) in an effort to market the City as a whole while maintaining the individuality of each of the areastvillagestmerchant associations. She urged them to reconsider the matter. Council Member Selich also expressed his disappointment. Council Member Henn indicated that he would vote to reinstate funding for marketing should the BID change its decision. Motion by Council Member Selich, seconded by Counch Member Henn to introduce Ordinance No. 2013.12, An Ordinance of the City Council of the City of Newport Beach Repealing Ordinance No. 95.50 and Ordinance No. 97 -37 and Disestablishing the Marine Avenue Business Improvement District, and pass to a second reading on May 28, 2013, Mayor Curry opened the public hearing. Hearing no testimony, he closed the Volume 61 - Page 162 City of Newport Beach City Council Minutes May 14, 2013 public hearing. 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, Councli Member Henn, Council Member Daigle 13. ORDINANCE NO. 2013 -13: DISESTABLISHING THE BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT, [100 -20131 City Manager Kiff provided a brief staff report and highlighted the recommendation. Mayor Curry opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Councli Member Henn, seconded by Council Member Petros to introduce Ordinance No. 2013 -13, An Ordinance of the City Council of the City of Newport Beach Repealing Ordinance No. 95 -4 and Ordinance No. 93 -4 and Disestablishing the Central Balboa Business Improvement District, aka the Balboa Village Business Improvement District, and pass to a second reading on May 28, 2013. 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, Councli Member Henn, Council Member Daigle 14. 2014 -2021 HOUSING ELEMENT UPDATE (PA2012 -104). 1100 -20131 Community Development Director Brandt introduced Associate Planner Murillo for a brief overview of the proposed Housing Element for the next cycle. She noted that it is an 8 year cycle, that the Housing Element was certified by the State in 2010, and that it was updated to reflect the most recent census data and provide an update of the status of the various programs. Associate Planner Murillo utilized a PowerPoint presentation to address the background, description of the Housing Element, the Housing Element update process, existing housing needs, projected housing needs, housing programs, and accomplishments, as well as approved housing developments. He listed new housing programs, revisions to existing housing programs, and next steps. Discussion followed regarding the definition of "moderate income ", housing affordability in Newport Beach, allowed uses of in -lieu funds, covenants related to The Irvine Company units, units that will lose their affordability designation, funds expended in protection of affordable units, consequences of eliminating the Inclusionary Housing Ordinance, other incentives for housing developers to build affordable units, available options, the ability of the City to demonstrate capacity for the defined housing need, consistency of the ordinance with the City's needs, benefits of the Inclusionary Housing Ordinance, achieving desired objectives through Development Agreements, remaining opportunities for significant Inclusionary Housing Ordinance benefits, related General Plan and Zoning Code allowances, and provisions and residential overlays. It was noted that the City is doing very well through the various allowed vehicles (density bonuses, development agreements, etc.) and has achieved its requirements far into the future. Brief discussion followed regarding the Inclusionary Housing Fund balance and legal Volume 61 - Page 163 City of Newport Beach City Council Minutes May 14, 2013 or regulatory risks related to eliminating the Inclusionary Housing element Community Development Director Brandt reported that it is one of the tools allowing the City to meet the requirements of State law; however, given the City's lowered Regional Housing Needs Assessment (RHNA) allocation and its demonstrated commitment, she expressed the opinion that it would be a problem and commented on the possibility of having that discussion with the Department of Housing and Community Development (HCD) and returning to Council if there would be a problem. Council Member Henn suggested the possibility of having the Planning Commission study the matter. Community Development Director Brandt reported that the Housing Element needs to be completed by October, 2013. She indicated that it would be important for staff to have dialogue with the State and noted that the consideration at this time is for the submission of a draft document, not to approve the document. She reported that the State will review the document and respond with written comments. At this point, she indicated that it would be appropriate to have a dialogue with the Planning Commission for additional amendments or changes. Discussion followed regarding eliminating the Inclusionary Housing Ordinance at this time and reinstating it in the future, if needed. Mayor Curry opened the pubic hearing. Mike Balsamo, Building Industry Association (BIA), County Chapter, thanked staff for including them in stakeholder meetings and noted the organization's support of providing housing to people of all economic levels in society. He referenced a letter to the City and believed that the Inclusionary Housing Ordinance is no longer required given the low RHNA allocation to the City. He commented on the option of using it on rental programs and continuing some of the existing programs. Mr. Balsamo stated that new housing would generally improve pricing in the market and believed that fees could drive up costs and that the program as it exists today is a disincentive to new housing. He addressed the high in -lieu fees in the City and noted that the City has been able to get to its end goal through Development Agreements. Jim Mosher stated that, since Council usually does the opposite of what he recommends, he would recommend repealing the Inclusionary Housing Ordinance. Hearing no further testimony, Mayor Curry closed the public hearing. Mayor Curry reported that he will support repealing the Inclusionary Housing Ordinance and that, in actuality, it drives up the cost of housing in the City. He noted that density bonuses provide market -based incentives which have resulted in developers exceeding expectations. He believed that the Inclusionary Housing Ordinance provides advantages to certain developers over others. Motion by Council Member Daigle, seconded by Mayor Pro Tem Hill to a) remove the Inclusionary Housing Program from the Draft 2014 -2021 Housing Element; and b) authorize submission of the Draft 2014.2021 Housing Element Update to the Department of Housing and Community Development, Council Member Petros indicated that this is one example of the City's success in policy The motion carried by the following roll call vote: Volume 61 - Page 164 City of Newport Beach City Council Minutes May 14, 2018 Ayes: Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Counch Member Henn, Council Member Daigle Noes: Council Member Gardner 15. 441 OLD NEWPORT MEDICAL OFFICE BUILDING APPEAL - CONDITIONAL USE PERMIT NO. UP2011 -011. [100 -20131 Assistant Planner Whelan provided a staff report and utilized a PowerPoint presentation to discuss the use permit request, off -site parking, site location, details of the project, site plan, proposed parking layout, and on -site and off -site circulation. She reported that the agreement would be binding upon change of ownership and that change to the use or access of the off -site lot would require additional review. She addressed the Planning Commission's concerns. Mayor Curry invited the applicant to address Council on the matter. Raquel Gillen, representing the applicant, presented photographs of the subject site, including the improved parking lot. Ali Parvaneh, Attorney representing the applicant, believed that the reciprocal agreement more than covers the additional parking requirement, should be considered, and provides an easement that could handle an additional 24 vehicles on the property. He addressed exclusivity to the easement and access to Parcel B. Discussion followed regarding the easement running with the land until 2050, availability of the off -site parking spaces throughout the agreement and during business hours, effects of future developments and uses, the possible inclusion of a condition to reduce use or seek alternative remedies if parking availability is reduced, and the effects of the bankruptcy proceedings to the Sid Suffer property. City Attorney Harp expressed concerns regarding whether use of the parking spots within the designated hours is exclusive or not and what impact the bankruptcy proceedings will have on the agreement. He noted that there is a Condition of Approval that ties the parking situation to medical use. In response to Council questions, Community Development Director Brandt indicated that the bankruptcy proceedings must be completed and awards given to the property owner so that building permits can be issued in order for the medical offices to move forward. She added that building permits must be issued under the authorization of the property owner and that this will be needed in order for the applicant to make improvements to the adjacent parking lot. Council noted that there may be a lack of recourse should the applicant lose access to the off -site parking. Mr. Parvaneh presented a photograph showing parking lifts as an option if they lose access to off -site parking. He added that in the event they lose the off -site parking, the applicant would be in breach of the tenant lease agreements and would be responsible for providing alternative parking solutions or reducing the medical use. Ms. Gillen noted that they have corroborated with staff regarding the stacked parking proposal and that valet service will be available to park the cars in the lifts. Mayor Curry opened the public hearing. Dr. Richard Haskell, owner of buildings adjacent to the subject property, expressed concern with the lack of parking in the area and stated that they will be severely impacted by the Volume 61 - Page 165 City of Newport Beach City Council Minutes May 14, 2013 proposed project. He noted that no existing non - medical building in the area can be parked "medical" and reported tearing down existing buildings in order to allow for sufficient medical office use. He asked that others do the same. He referenced written comments submitted to Council, noted that the subject building is not a 10,000 square foot building but a 14,900 square foot building, and that the applicant is misrepresenting the project. Dr. Haskell confirmed that both of his buildings are parked to code. Dr. Aidan Raney, adjacent property owner, believed that the proposal is not a permanent or realistic solution. He noted that he had to abide by the same requirements in terms of parking space and square footage. He stated that, if Council allows this project to go through, there will be no incentive for anyone to redevelop the old restaurant property. He urged Council to deny the project because of the parking issue and noted that his building is a medical building which is parked to code. Katherine Cordoza addressed the reciprocal parking easement agreement and reported speaking with one of the bankruptcy attorneys today who indicated that the State of California Franchise Tax Board recently placed another claim against the estate, that they have until May 31, 2013 to appeal the claim. Further, if the appeal goes well the bankruptcy closure could continue until September. If not, the attorney does not know how long the bankruptcy will go on. She believed that the current proposal does not provide a permanent solution and addressed the issue of parking lifts. Discussion ensued regarding the existing condition of the adjacent property and the possibility of addressing the issue through Code Enforcement. Sandy Haskell reported that all of the improvements have been completed and that she found no permits issued for any of them. Community Development Director Brandt reported that there are open building permits for the existing structure and renovation of the buildings. She noted that her reference was to building permits at 445 Old Newport Boulevard for parking lot improvements and landscaping, but permission of the property owner would be needed in order to issue those. Hearing no further testimony, Mayor Curry closed the public hearing. Council Member Selich wondered if the alternative parking solution is allowed under the code. Community Development Director Brandt reported that it would need to be reviewed by staff and needs to be screened, and noted that consideration of this would go before the Zoning Administrator which requires public notice. Motion by Council Member Gardner, seconded by Council Member Selich to adopt Resolution No- 2013 -40, A Resolution of the City Council of the City of Newport Beach Upholding the Planning Commission's Action, and Denying Conditional Use Permit No. 2011- 011 to Utilize an Off -Site Parking Lot at 445 Old Newport Boulevard for an Existing Commercial Office Building Located at 441 Old Newport Boulevard (PA2011 -056). Council Member Petros commented on the need for redevelopment in the Old Newport area, but that there are too many concerns prior to approving the project. He noted the efforts of others in the area in achieving the City's goals. Rick Martin, project architect, reported that the building was originally three - stories and that the square footage has not been modified. He addressed review of the renovation by staff and noted the need in the area for medical office space. He commented on the agreement with the adjacent property owner to come up with a parking solution, addressed access, and location of parking, and believed that it makes sense to approve the project. Volume 61 - Page 166 City of Newport Beach City Council Minutes May 14, 2013 City Attorney Harp recommended that, if Council were to deny the project, it is denied without prejudice and that the resolution be amended to correct wording in the last paragraph to reflect that the resolution goes into effect immediately upon adoption. Amended motion by Council Member Gardner, seconded by Council Member Selich to uphold the Planning Commission's decision to deny Conditional Use Permit No. 2011 -011, without prejudice, by adopting amended Resolution No. 2013 -40, A Resolution of the City Council of the City of Newport Beach Upholding the Planning Commission's Action and Denying Conditional Use Permit No. 2011 -011 to Utilize an Off -Site Parking Lot at 445 Old Newport Boulevard for an Existing Commercial Office Building Located at 441 Old Newport Boulevard (PA2011.056). Mayor Curry believed that additional vetting of the matter is needed. Mayor Pro Tern Hill commented on the applicant's opportunity to resolve the matter. Council Member Selich indicated he would not be amenable to the proposed stacked parking solution - The amended motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Counch Member Henn, Council Member Daigle XVIII. CURRENT BUSINESS 16, APPOINTMENTS TO THE BICYCLE MASTER PLAN OVERSIGHT COMMITTEE. (100 -20131 City Clerk Brown announced that, since only ten applications are being forwarded to the City Council, a motion is needed to waive the portion of Council Policy A -2 (Board and Commission Appointments) which requires two or more applications for each vacant seat. Motion by Council Member Selich, seconded by Council Member Petro6 to waive the portion of Council Policy A -2 (Board and Commission Appointments) which requires two or more applications for each vacant seat. 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, Counch Member Henn, Council Member Daigle Council Member Petros commended Council for reinstating this committee and stressed the importance of bicycle safety. City Clerk Brown read the ballot votes as follows Michael Alti - Daigle, Henn, Selich, Petros, Gardner, Hill, Mayor Curry Lou Cohen - Daigle, Henn, Selich, Petros, Gardner, Hill, Mayor Curry John Heffernan - Daigle, Henn, Selich, Petros, Mayor Curry David Huntsman - Daigle, Gardner Robert Kahn - Daigle, Henn, Selich, Petros, Gardner, Hill, Mayor Curry Volume 61- Page 167 City of Newport Beach City Council Minutes May 14, 2013 Greg Kline - Henn, Selich, Petros, Hill, Mayor Curry Sean Matsler - Daigle, Henn, Selich, Petros, Gardner, Hill, Mayor Curry Frank Peters - Daigle, Henn, Selich, Petros, Gardner, Hill, Mayor Curry Jennifer Spitler - Gardner, Hill City Clerk Brown announced that Michael Alti, Lou Cohen, John Heffernan, Robert Kahn, Greg Kline, Sean Matsler, and Frank Peters are appointed to the Bicycle Master Plan Oversight Committee 17. RESOLUTION NO. 2013 -41: REJECTION OF PART OF THE IRREVOCABLE OFFER OF DEDICATION FOR NEWPORT RIDGE PARK AND CRESTRIDGE PARK. [100- 20131 City Manager Kiff addressed the location of the parks and details of the Irrevocable Offer of Dedication. Mayor Curry reported that the neighborhood has been maintaining the parks for a long time and that it has been a good partner with the City. In response to Council Member Gardner's question, City Manager Kiff noted that the parks are presently private parks. City Attorney Harp believed that public access along the sidewalk easements near San Joaquin Hills and Newport Ridge should be allowed. Discussion followed regarding maintenance costs, the original approval of the park development, and the Quimby Act. Dan Wampole, President of the Newport Ridge Homeowners Association, spoke in support of the recommendation and agreed with having public access along the easement. He addressed investments in the park by the Association and assured Council that they will share the park with the Recreation Department and other City groups. He further discussed their efforts to have AYSO soccer and Little League use the parks. Council Member Gardner noted that there is public access to the park. Jim Mosher commented on the Quimby Act and the distinction between a neighborhood park and a public park, and questioned why the City is considering rejection of the offer. Motion by Mayor Curry, seconded by Mayor Pro Tem Hill to a) reject the offer for land. at Newport Ridge Park labeled Parcel B and C, and all land at Crestridge Park; and b) adopt amended Resolution No. 2013.41, A Resolution, of the City Council of the City of Newport Beach Rejecting an Irrevocable Offer of Dedication for the Newport Ridge Park and Crestridge Park Properties, and authorize the City Manager to execute and file with the Office of the County Recorder a Certificate of Rejection. 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, Councli Member Henn, Council Member Daigle 18, APPROVAL OF AN AGREEMENT FOR THE PURCHASE OF THREE FIRE ENGINES (C- 5470). [38100 -20131 City Manager Kiff noted that funds are reserved for fleet replacement. He addressed the replacement schedule and the RFP process and analysis of the proposals. Volume 61 - Page 168 City of Newport Beach City Council Minutes May 14, 2013 In response to Council questions, Fire Chief Poster reported evaluating the fire apparatus, indicated that the life cycles of the ones being replaced have expired, and stated that the old fire apparatus will be sold at auction. He reported on the apparatus' mileage and hours of operation. Motion by Mayor Pro Tom Hill, seconded by Council Member Selich to approve the agreement with Pierce Manufacturing, Incorporated, of Appleton, Wisconsin, for the purchase of three 2013 Pierce Fire Engines for a total cost of $1,742,368.32. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council Member Solich, Counch Member Henn, Council Member Daigle 19, COUNCIL POLICY MANUAL UPDATE FOR 2018. 1100 -20131 City Manager Kiff noted that the Council Policy Manual is available on the City's website and described its purpose. He reported that a summary of each policy amendment, as well as proposed additions, are included in the staff report. Council Member Gardner noted that many of the changes have clarified the policies and thanked staff for their efforts. In response to Council. Member Daigle's question regarding Council Policy A -6 (Open Meeting Policies), City Manager Kiff clarified the proposed process for Council Members to request items be placed on agendas for discussion and action. Jim Mosher noted that this is an on -going process and highlighted other policies that need possible revisions. Motion by Council Member Gardner, seconded by Council Member Selich to a) approve the proposed revisions and additions to the Council Policy Manual; b) adopt Resolution No. 2013 -42, A Resolution of the City Council of the City of Newport Beach Adopting Revised City Council Policies; and c) adopt Resolution No, 2013 -43, A Resolution of the City Council of the City of Newport Beach Relating to a Fiscal Sustainability Plan for Newport Beach City Government, revising Element 5 of the City Sustainability Plan to Maintain Consistency with the changes to Council Policy F -28. 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, Councli Member Henn, Council Member Daigle 20. RESOLUTION NO. 2011 -55: TOTAL COMPENSATION PHILOSOPHY. 1100 -2013] Council Member Daigle addressed public review of the philosophy and believed that the best timing for the review would be after the completion of the Fox Lawson study. Council Member Henn agreed with the suggestion. Mayor Curry suggested receiving and filing the item and returning with a discussion of the matter at a later date. Motion by Council Member Daigle, seconded by Council Member Gardner to receive Volume 61 - Page 169 City of Newport Beach City Council Minutes May 14, 2013 and file. 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, Councli Member Henn, Council Member Daigle XIX. MOTION FOR RECONSIDERATION - None XX. A,DJOLiRNMENT - 9:47 p.rm The agenda for the Regular Meeting was posted on May 9, 2013, at 4:00 p.m. on the City's website; on May 10, 2013, at 7:30 a.m., on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive; and on May 10, 2013, at 9:51 a.m. on the City Hall Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive. City Clerk Volume 61 - Page 170