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HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach City Council Minutes March 12, 2013 X. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society XI. PRESENTATIONS - None XII. NOTICE TO THE PUBLIC Agenda Item No March 26, 2013 XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) Council Member Daigle announced that the Local Youth Trackpeet of Champions will be held on April 5, the Marine Protected Area Hike at the Crystal Cove S at Marine Conservation Area will be held on April 6, the Buck Gully Hike will be held on April 8, a Ira Bowling Open House will be held on May 11, the Field of Honor at Castaways Park will be held r�o May 17 to May 19, and the Estuary Awareness Day at the Back Bay Science Center will be held oniJune 15. She commended the Recreation and Senior Services Department for the variety.nf a�tixi as being offered. Council Member Henn announced that there will be aBalb'oa V' age Advisory Committee (SNAG) meeting on March 13 at ExplorOcean at 4:00 p.m. �disctirss enhanced maintenance programs, work programs for the Commercial Faoade Subconj ittee and work programs for the Parking Program Subcommittee; a Tidelands Management Committee meeting on March 18 at the OASIS Senior Center at 4:00 p.m. to discuss what therr-ole�-�of the Committee might be if it is reestablished past its March 31 sunset date; and a Finance Committee meeting on arch 25 at 4:00 p.m. in the old Council Chambers Conference Room also announced that the Annual Police Appreciation Breakfast will be held on March 21 at e I�'^land Hotel at 7:15 a.m. and Mess Night for the lsi Battalion/15t Marines will be held o ar at 6:00 p.m. at the Balboa Bay Club. Council Member Selich congratulate staff on the approval of the Marina Park lighthouse element by the California C Ir a - ommi�s on. He announced a community meeting at the Balboa Island Fire Station at 11:0ga.m. n 1JaSch 16 to discuss the Federal Emergency Management Agency (FEMA) regulations o� B��boa Land and how those regulations will be implemented, the Park Avenue bridge projec(irand Canal seawall and dredging issues, and the Bayside walkway connection. Council Member Gardner' announced a Harbor Commission meeting at 4:30 p.m. on March 13; a Water Quality /Coastal Tidelands Committee meeting on March 14 at 3:00 p.m. in the Fire Conference Room; and a City Arts Commission meeting on March 14 at 5:00 p.m. at the Central Library. Mayor Pro Tem Hill announced a meeting of the Airport Working Group (AWG) on March 13 at 6:00 p.m. at the Balboa Yacht Club; and reported on a recent Chamber of Commerce Governmental Affairs meeting. Mayor Curry reported that the deadline to file a Special Events application is March 15 at 4:00 p.m. and added that more information is available on the City's website. He announced that the Mayor's Challenge for Water Conservation will be held from April 1 to April 30. He reported attending a retirement event honoring former Chamber of Commerce CEO Richard Luehrs, attending a retirement event for Will Kempton, the outgoing Orange County Transportation Authority (OCTA) CEO and former Director of Caltrans, and participating in Literacy Day by reading a Dr. Seuss book to Newport Elementary School students. He reported that he sits on the Association of Volume 61 - Page 92 City of Newport Beach City Council Minutes March 12, 2013 California Cities Pension Reform Committee who will continue to advocate for legislative improvements related to pension cost reform. He noted that the City is doing well compared to other cities in the County and throughout California. He also reported attending the 49th Annual Mayor's Prayer Breakfast and speaking on 90C about wbat is happening in the City. Mayor Curry announced an upcoming event on May 22 at the Newport Beach Harborside Ballroom at 6:00 p.m. to support Marine Corp and Navy wounded warriors. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher referenced his written comments regarding Item 4 (Uptown Newport Planned Community) and believed that a fiscal impact analysis is needed on this type of project. XV. CONSENT CALENDAR Council Member Gardner requested that the Minutes (Item 1) b amended to reflect that the Uptown Newport Planned Community applicant had agreed to usi,art timers and conducting weekly street sweeping. (� yj Council Member Petrol announced that he will be Planned Community) because of a former business Council Member Daigle reported that Item 10 informative. A. !1'3 1. MINUTES FOR THE MEETING. [100 -2015 order filed. P1 F from Item 4 (Uptown Newport the applicant. Report) was well - prepared and 26, 2013 STUDY SESSION AND REGULAR ng of subject minutes, approve as amended, and TANCES. Waive reading in full of all ordinances under the City Clerk to read by title only. 3. ADOPTION-OF ORDINANCE NO. 2013 -7 AMENDING THE NEWPORT BEACH MUNICIPAL CODE TO REPEAL /AMEND OUTDATED AND INEFFICIENT REGULATIONS. [100 -2013] Conduct second reading and adopt Ordinance No. 2013 -7: An Ordinance of the City Council of the City of Newport Beach, California, Repealing Chapter 2.04, 5.16, 5.34, 6.15 and 6.20, Sections 2.32.010 through 2.32.050, 10.12.020, 11.12.140, and 12.12.060, and Amending Section 5.04.020 of the Newport Beach Municipal Code. 4. UPTOWN NEWPORT PLANNED COMMUNITY - 4311 - 4321 JAMBOREE ROAD (PA2011 -134). [381100 -2013] a) Conduct second reading and adopt Ordinance No. 2013 -5: An Ordinance of the City Council of the City of Newport Beach Approving Planned Community Development Plan Amendment No. PD2011 -003 and Planned Community Development Plan Adoption No. PC2012 -001 for the 25.05 Acre Planned Community Known as Uptown Newport Located at 4311 -4321 Jamboree Road (PA2011 -134), approving Planned Community Development Plan Amendment No. PC2011 -003 to remove the subject property from the Koll Center Newport Planned Volume 61 - Page 93 City of Newport Beach City Council Minutes March 12, 2013 XVII. Council Member Selich, Council Member Henn, Council Member Daigle 11. REIMBURSEMENT TO RIDGEWAY DEVELOPMENT COMPANY FOR RECONSTRUCTION OF A CITY SEWER MAIN. [100 -2013] In response to Council Member Gardner's questions, Public Works Director Webb reported that the sewer main work would have been done regardless of the project since the City Sewer Master Plan called for replacement of the sewer. Motion by Council Member Gardner, seconded by Council Member Henn to approve payment in the amount of $21,362.15 from the. sewer fund to Ridgeway Development Company for reimbursement of a portion of the cost to reconstruct an existing City sewer main adjacent to the Mariners' Pointe development which was beyond the required scope of the development project's requirements. Jim Mosher believed that a City employee authorized theeimbursement and the City cannot legally pay this bill because the work was done beforh theme ity Charter was adopted. He requested that Council reject the demand. City Attorney Harp reported that the City C %ter p�,o" visio,� referenced by Mr. Mosher deals with claims and demands, and stated that it woul• , ob`be�pplicable in this instance. The motion carried by the following roll call vote Ayes: Council Member Gardner, Counci^ em er Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council IvI�`e ber Henn, Council Member Daigle Stephanie Barger, Executive Di erdtd\iio�f 'Earth Resource Foundation, announced a St. Patrick's Day Celebration and Gr @n Festival` n NYarch 17 at the Orange County Fairgrounds. She thanked Council for its effort Pn t - icyclel Master Plan. She announced the retirement of Mr. Moreland from Newport Harbor igh c ioo�t- s year and requested that Council provide him with some type of recognition for his sq�rvic?lto the community. She also reported that the El Pollo Loco on Bristol Street continues to vio) e the City's Styrofoam ban and that Rendezvous Bakery needs education about the ban and woul iurefer it in French. Jody Horowitz and Molly Chase reported that the benefits of banning the use of plastic bags include educational, economic, and environmental benefits; expressed support for banning plastic bags and taxing paper bags; and presented an example of an ordinance by the City of Santa Clara. They announced an upcoming event at the OASIS Senior Center on April 18 from 6:00 p.m. to 8:00 p.m., encouraged Council to attend, and requested that Council consider banning plastic bags in the City. Jim Mosher referenced a recent California Coastal Commission meeting in which fire rings and the lighthouse at Marina Park were discussed, and expressed concern regarding comments made by the Citv Manaeer relative to the Citv's satisfaction with the Coastal Commission's decision to no�toone XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Petros reported reading to second grade students at Newport Heights Elementary School during Literacy Day. Volume 61 - Page 96 City of Newport Beach City Council Minutes March 12, 2013 Council Member Daigle reported that the Affordable Housing Task Force will be convening next month after conducting community outreach. She referenced Item 15 regarding a General Plan Amendment for the Housing Element and reported that adoption of a General Plan, including a Housing Element, is part of California State law. She reported that at this time, the State is willing to give the City an unprecedented eight year certification and reported that the main emphasis will be to update the Housing Element using information from the 2010 Census. She highlighted elements of the 2010 Census as it relates to the City. Council Member Daigle reported there are a couple of vacancies on the Aviation Committee in District 1 and District 4, and the City Clerk is accepting applications. Additionally, she announced that the Mayor will be giving a keynote address at the AWG meeting and the topic of his speech will be the John Wayne Airport (JWA) Settlement Agreement. Council Member Henn reported that the Finance Committee and the City completed its financial audit for the year ended 6/30/12 that the Finance Committee met with the outside auditors with auditors reported no additional issues for Council to consider. Committee reviewed accounting changes that may increase the for its retirement health plan, but that such chang@�would finances. He also reported that the Committee reviewed itsnfc voted to recommend to Council that the City volunt�y,eect policy that will likely reduce the City's unfunded pengron fiabiliti a February 28 and reported that hout incident. He also reported ty staff present, and that the Ir. also reported that the refunded actuarial liability ve a material affect on the City's .ed pension liability policies, and more conservative amortization by about half over time. Mayor Pro Tern Hill reported on a recent visitdii acramento and noted that the Orange County display is in need of rehabilitation. C(�v XIX. PUBLIC HEARINGS 12. WOODY'S WHARF USE r E, I&IIT APPEAL - 2318 NEWPORT BOULEVARD - USE PERMIT NO. 2011 -010 PA 011 -055). [100 -2013] Continued from the January 22, 2013 City Codr ikmeeting� v Mayor Pro Te " H�f'�'l recused himself from participating in the discussions because he owns propefynvithin 500 feet of the site. Community Devdlopment Director Brandt addressed previous actions by the Planning Commission and tie appeal of that action by Woody's Wharf. She reported that the applicant would like to pursue the possibility of enclosing the outside patio area, but that would require a Zoning Code Variance which is not part of the application at this time. It is recommended that the applicant return to the Planning Commission with an amended application to consider the enclosure of the outside patio area and an additional noise study. Mayor Curry opened the public hearing. Mark Cervantes, applicant, reported working with staff to create a win -win situation for the parties involved. He addressed the noise study, prior actions by the Planning Commission, and community outreach efforts. He requested that Council support staff recommendations to allow Woody's Wharf to present current findings and a new application to the Planning Commission. In response to Council questions, Mr. Cervantes reported that the noise study was conducted the night of the Boat Parade, the restaurant was very busy, and there was a DJ and live music. He added that the monitors and sensitive receptors were not inside the restaurant Volume 61 - Page 97