Loading...
HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1 February 12, 2013 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session February 12, 2013 — 4:00 p.m. I. ROLL CALL - 4:00 p.m. Present: Mayor Curry, Mayor Pro Tem Hill, Council Member Gardner, Council Member Henn, Council Member Petros, Council Member Selich Absent: Council Member Daigle was not present due to an excused absence. II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Gardner referenced Item No. 6 and asked if the City is certain it will retain rights to a full alley after the vacation o the street right -of -way. City Attorney Harp responded all documentation-has been completed and executed. Public Works Director Webb noted 15 feet will be obtained from the subject property and another five feet from the property oriented towards Balboa Boulevard when it is developed. He indicated that staff is confident an alley will be eventually developed to a full 20 foot width. Council Member Gardner requested additional information regarding when adjacent property owners must pay for City property vacated. Council Member Gardner had additional questions relating to Item No's 7, 8 and 9 regarding overages and potential underbidding. Director`Webb responded and said staff does not believe people are underbidding. The City is receiving good prices and staff attempts to capitalize on that when possible by identifying areas where additional work can be accomplished at a low cost. Council Member Gardner referenced Item No. 15; the project has been delayed almost seven years and questioned if this has caused problems. Director Webb stated the delay has been due to economics and change of ownership, noting the final map is usually not recorded until the first building permit is approved. City Attorney Harp added the timeline was extended because of the economy Volume 61 - Page 44 City of Newport Beach City Council Study Session February 12, 2013 2. REVIEW OF EAST OCEANFRONT ENCROACHMENTS AND POTENTIAL SOLUTIONS. [100 -20131 City Manager Kiff introduced the item and deferred to staff for a report. Community Development Deputy Director Brenda Wisneski presented information about the encroachments near Peninsula Point, noting that the landscaping and hardscape there has existed for quite some time. She noted that the encroachments are improvements located on a public beach and addressed the Notice of Violations (NOVs) issued by the California Coastal Commission to 15 area property owners. The NOVs were sent on the basis that the improvements did not comply with the Coastal Act nor to the City Council Policy and the City's Coastal Land i_ isri.Plan. She reported that the Coastal Commission indicated that they have delayed issuing other notices, but have identified approximately 58 other properties that are. potentially in violation. She presented examples of the types and extent of encroachments, policies referenced by the Coastal Commission, efforts by the City to resolve the dispute between residents and the Coastal Commission staff, and the solution proposed by the area residents. The proposed solution would be an encroachment program that would allow the City to identify the types of allowable improvements- and areas where those improvements could occur in exchange for a mitigation fee. :the referenced the success of a similar program in West Newport Beach along West Ocean Front. Deputy Director Wisneski noted existing; improvements within the 15 -foot Ocean Front Walk right -of -way area and presented details of a rehabilitation program that would be required to remove improvements which are not consistent with Council Policy L -12 or the Coastal Act. She reported that the Coastal Commission seeks a comprehensive resolution and the 0 t•-y is the appropriate party to conduct it. She added the Coastal Commission staff seems.generally supportive of the proposed approach. Deputy Director Wisneski presented a summary of the potential solution. Discussion followe, regarding responsibility for the restoration. Deputy Director Wisneski Said the best -case scenario, would be that the City would conduct the restoration effrt in one comprehensive approach. She added the Council would decide ,as to whether or nut the residents would reimburse the City for the restoration effort. Deputy Director Wsneski addressed the potential actions to be taken including initiating amendments to the Coastal Land Use Plan and City Council Policy L -12, receiving Coastal Commission input and support, and coordinating with individual property owners on• items such as annual fees, updating permits and potentially modifying the improvements currently in place. In response to Council Member Petros' inquiry, Deputy Director Wisneski replied that if the City does not step in, the Coastal Commission could potentially pursue issuing a Cease and Desist Order (CDO) to the property owners. CDOs can involve fines and a mandated restoration plan which would force the residents to take action. She presented an example from West Newport where illegal modifications were made to sand dunes and the property owners who participated in the illegal modifications were required to restore the dunes and monitor the dunes' rehabilitation. Brief discussion followed regarding possible related costs and fines and the 15.-foot, public right -of -way area. Volume 61 - Page 45 City of Newport Beach City Council Study Session February 12, 2018 Deputy Director Wisneski addressed the proposed encroachment program including fees and mitigation program, the public hearing process, the restoration plan for areas beyond 15 feet and possible costs. In response to questions related to costs, City Manager Kiff stated staff would like to discuss the issue of payment of fees with Council relative to who would pay for the necessary CEQA review and staff time. He noted there is an existing Council Policy in effect, but that the City may not have been as diligent as it could have been as to correcting some of the improvements made by residents. He felt the City should be part of the solution, both financially and with staff time, and indicated staff would like to hear the Council's thoughts on that. In response to Council Member Selich's question about the potential cost of the program, City Manager Kiff estimated it could. be. in the range of 1100,000 to $200,000. The restoration could cost more than that if there is long -term monitoring associated with the restoration, as is typical. Deputy Director Wisneski addressed a -requirement for environmental review and reported the item would be brought back to Council for consideration. The program would also require Coastal Commission signofift She said the program could be an improvement to the area and cofild eliminate some impacts to coastal access as well as help gain funds to create programs for•that area. In response to Council Member Petros' inquiry. City Manager Kiff addressed Council Policy L -12. The Policy, which dates back to the 19908, acknowledged encroachments in the West Newport area; but declared that ground cover and trees near The Wedge were not official encroachments. He felt thaf ground cover and trees were loosely defined and noted that the Coastal' Commission staff may argue that the Commission never approved the Policy. Discussion followed regarding. the number of square feet or acres needing rehabilitation. City Manager Kiff stated staff would need to conduct a survey of the area to identify' specific areas needing rehabilitation. Deputy Director Wisneski reported the area i,; not designated as dime habitat by the Coastal Commission. Council Member Gardner referenced the successful program in West Newport Beach, but indicated she is uncomfortable going forward with the item when the costs and responsibility for payments are unknown. Council Member Henn commented on the difficulty in determining the costs until the process is started. Be felt this situation is different than the West Newport dunes removal situation and said the only practical way to resolve the matter is for the City to take the lead. He indicated wanting to move the matter forward to the point where additional clarity can be determined as to what will be required and the related costs. Council Member Selich felt discussions should be held with the Coastal Commission before the initiation of amendments in order to get an idea as to the scope and costs of the project. Council Member Henn noted there has been conversation with Coastal staff Volume 61 - Page 46 City of Newport Beach City Council Study Session February 12, 2013 City Manager Kiff reported one of the reasons that City staff wanted to bring this to the Council today before going further was to ensure Council support for a specific direction that would include encroachment zones like West Newport Beach. Deputy Director Wisneski said based upon conversations with Coastal Commission staff to date, the most time - intensive and costly element will be the development of the restoration plan. Council Member Selich suggested engaging the Coastal Commission biologist to walk the area and make an assessment of the areas needing restoration. Council Member Petros stated it would be wise to investigate some of the issues and know what the costs will be. He reported that Council Policy L -12 prohibits encroachments in the area, with the exception of existing trees and ground cover and that ground cover is defined as ice plants or indigenous planting regiuring no irrigation. He indicated he doesn't know how culpable the City was in the regard; but if the City will take the lead, the costs need to be known and born and shared by Lhe responsible parties. In addition, he commented on the mitigation plan for the West Qcean Front, noting it dealt primarily with improving parking. He expressed interest in knowing the mitigation measures proposed by staff as well as the offsets and nexus. Mayor Curry opened public coftiments for this item Jim McGee, representing many of ,the ocean front .homeo'wners, referenced a letter to the City outlining the issue. He noted some of the encrgachments have been there since the 1950s and ,presented a brief history of the matter, including previous Council actions. Mr. McGeee acLnowledged the exi. =.tence of many variations, changes in property ownerships, and the results of the City riot taking the lead on this issue. He stated the possibility of improving beach access, di {dressed enforcement, and City control of the property beyond 15 feet. He stressed the need to find a cooperative approach that would work for everyone. Jim Mosher questioned why the City owns a right -of -way and suggested throwing out Policy L -12 and suggested extending the Newport Beach boardwalk from the Santa Ana River to the harbor entrance. He expressed concern the item has not received c,unsideration by the Parks, Beaches and Recreation Commission (PB &R) and addressed the,powers given to the Commission through the City Charter. Hearing no further testimony, Mayor Curry closed public comments. Mayor Curry noted this is a difficult issue for the residents and most of the ground cover is there to prevent sand from blowing into people's homes. He stated Council will have the opportunity to vote on the issue and give specific direction to staff in the regular meeting. City Manager Kiff reported staff does not necessarily envision an opportunity for additional parking in the area and suggested possible ways to bring people into the area that could accomplish public access without impacting the streets, such as a summer shuttle service. Volume 61 - Page 47 City of Newport Beach City Council Study Session February 12, 2013 Mayor Pro Tern Hill commented on opportunities for enhancing the street ends with trails and benches. III. PUBLIC COMMENTS Mayor Curry opened public comments. City Clerk Leilani Brown noted this is an opportunity for the public to comment on non - agenda items as well as agenda items, study session items and closed session items. Jim Mosher noted the Study Session agenda failed to mention items in which the public could comment and expressed his appreciation to NIs. Brown for clarifying the item. He felt the quality of Council's closed session decisions would be improved if 'staff were instructed to list exactly what decisions are needed from Council in closed <<:,sion. He referenced closed session Item A, and reiterated his suggestion to list the decisions needed. He indicated he was surprised to see the item on the agenda since he did- not believe Council has made a decision regarding its vision for pubhc facilities in the area, nor was there a review by the PB &R Commission. Regarding the last item under Iti_m B, Mosher stated the County of Orange u. Air California et. al. United States District Court Case No. CV 85 -1542 (TJH) (NIC ?x) is a code name for the Settlement Agreement between the .(`ity and County regarding John Wayne Airport. He stated placing the item under closed session is a ruse to keep the public in the dark. Hearing no further testimony, Mayor Curry closed public comments IV. ADJOURNMENT - 4:37 p.m. The agenda for the Study Session was posted on February 7, 2013, at 4:43 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 61 - Page 48 Agenda Item No. 1 February 12, 2013 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 12, 2013 -- 7:00 p.m. I. STUDY SESSION - 4:00 p.m. j+ II. CLOSED SESSION - 4:37 p.m. 147 !A- A. CONFERENCE WITH REAL PROPERTYN>a0-6TIATORS (Government Code § 54956.8): 1 matter y Property: 883 West 15th Street, Newt4or ;$each 9266,3; APN: 424-01j,' Agency Negotiator: Dave Kiff Negotiating Parties: Michael Mooslin, Fist Church of Christ, Scientist Under Negotiation: Ins ion to negotvai&r regarding price and terms of payment. B. CONFERENCE WITH LEGAL, COUNSk-be; * -_ EXERTING LITIGATION (Government Code §,54956.9(d)(1))- 4 maths -' jv Michael San ICwon.;u. City of IVew�+`tirt Beach, et. ¢i.. Orange County Superior Court Case No. 30- 2011 - 00500773 Kw. Myung8' o.C4`yof, AnewoItBeach, et. al. Orange C»tinty Superior Court Case No. 30- 2012- 00577284 Sunyl Chung vA;C ty of'Nbwport Beach, et. al. Orange. County%uperior 6ourt Case No. 30- 2012 - 00576929 County of Orange u. Air California et. al. United, States, District Court Case No. CV 85 -1542 (TJH) (MCx) r ^, C. PUBLIC" EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: Leilam Brown, City Clerk III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING Volume 61 - Page 49 City of Newport Beach City Council Minutes February 12, 2019 V. ROLL CALL Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle i VI. CLOSED SESSION REPORT City Attorney Harp announced that there was no reportable action and confirmed Council Member Daigle was not present during Closed Session due to an excused absence. i VII. PLEDGE OF ALLEGIANCE - Council Member Petros VIII. INVOCATION - Melinda Blackman, Harbor Christian Church DC. PRESENTATION Proclamation Designating February as American Heai-t..Month Proclamation Designating February as American Hegrt Month Mayor Curry invited Marissa FoktUno to the podium to accept a proclamation designating February as American Heart-Month. Ms. Fortuno thanked the City and addressed the mission of the American Heart Association. She introduced Judy and Ray Brandt, both heart disease survivors to speak. Mrs. Brandt stressed the importance of increased awareness o€ heart disease and educating the public regarding heart Health providing, an example of their experience. X. NOTICE _T0 THE. PUBLIC_' XI. Council Member Daigle reported attending a meeting of the Southern California Water Committee. California Department of Water Resources Director Mark Cowin spoke regarding focusing, Northern California's water supply. Daigle reported that the Bay Delta Plan is in its final'stages and that a State water bond should be on the ballot within twelve months. She reported Governor Jerry Brown is trying to jump start the long - stalled project to bypass the Delta with an alternate conveyance and faces opposition from Northern California and environmentalists who believe that stabilizing supplies will be growth - inducing. She listed strategies in developing the Delta Plan and reported that the CEQA process will be completed within the next month. She addressed concerns over climate change and next steps in the process. Council Member Henn announced the Balboa Village Advisory Committee (BVAC) will meet Volume 61 - Page 50 City of Newport Beach City Council Minutes February 12, 2013 Wednesday, February 13, 2013 at 4:00 p.m. at the ExplorOcean offices and invited the public to attend. Council Member Gardner stated she attended a recent meeting of local governments where it was mentioned it is generally difficult to obtain information in most cities, however the City Manager and the Public Information Officer of Newport Beach are very approachable and transparent. Council Member Gardner reported receiving a call from a resident whn.has been listening to generator.noise related to new construction for two weeks. She requested the City Manager bring the issue of generator usage to the Council at a future meeting to discuss potential resolution to the matter. Council Member Petros reported on a recent meeting with•residentsof Newport Shores. He reported that the U.S. Army Corps of Engineers has started a dredging project on the Seminouk Slough, adjacent to Banning Ranch. Dredged material will be =conveyed in a pipe across the beach along the 61st Street Lifeguard Tbwer to:a point about 1,000 feet off shore. Petros asked staff to present a report back t6 the C_odncil regarding the City-'s ability to dredge the Newport Slough, adjacent to the Sei 'thou Slough. Mayor Pro Tern Hill referenced a communication receiyed from Centennial Mayor Don Webb about bringing the formal City seal toithe new Civic Center site^ Mayor Curry reported speaking at four government classes at °Newport Harbor High School as well as the Junior Statesmen of America Chapter on Januarys 23, 2013, and commented positively on the experience. He stated on January 25, ^013; he represented the City on KNX radio. Additionally,-hp. attended the- ,Fire Awards Presentation event on January 31, 2013 along with other Council Members and spoke at a Holocaust Remembrance program in Santa Ana. In addition, he represented the City during a Newport Business Council dinner and met with Aaron Kushner, the new owner of the Orange County Register. In addition, he participated and spoke at ;{he Public Policy., Academy sponsored by the Association of California Cities, Orange.. (.0untgiapd announced the completion of the Newport Harbor Lower Bay drzdriag projecva,t. the Mayor's• dinner on Friday, February 8, 2011 MI. PUBLIC COMMENTS,ON CONSENT CALENDAR Mayor °Pro Tern Hill announced he would recuse himself from Item No. 15, as he owns property a;ithin 500 feet of•the subject property. t Council Member Daigle indicated a "No" vote on Item No. 4. Council Member Selich. announced he would recuse himself from Item No. 4, as he owns a residential dock. Mayor Curry opened public comments on consent items. Jim Mosher made a correction to Item No. 5 and addressed Item No. 13, stating he does not believe allowing a proliferation of large -value on -call contracts is wise and referenced the City Manager's internal policy noting that the on -call mechanism was intended for very small jobs. He felt that the process does not provide the necessary oversight nor allow for competitive bidding to obtain the best price. Volume 61 - Page 51 City of Newport Beach City Council Minutes February 12, 2013 Kelly O'Neill commented on Item No. 6 expressing concerns regarding the repair of fencing with the property.as well as having her phone line properly buried. Hearing no further testimony, Mayor Curry closed public comments. Deputy Public Works Director David Webb reported that Ms. O'Neill's concerns will be passed on to ensure her fence and phone line are in working order upon construction completion. He additionally commented on on -call services, noting that the City performs a lot of capital work and that the on -call agreements are based on professional services and based on qualifications not costs. He added that the City goes through a competitive selection process approximately every two years and that it is.advantageous for the City to use on -call staff because of the large number of projects covered. XIII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. MINUTES FOR THE FEBRUARY 12, 2013 STUDY SESSION AND REGULAR MEETING. [100 -2013] Wai;,e reading of subject minutes, approve as amended, and order filed. 2. READING OF ORDINANCES. `VKaiye reading�in full of all ordinances under consideration, and direct the.City Clerk to{rea,d by bile only. B. ORDINANCE FOR INTRODUCTION NON- i'MCLUSIVE SOLID WASTE COLLECTION FRANCHISE WITH ECOLOGY AUTO PARTS INC., A CALIFORNIA CORPORATION. [2 4110 0 20131 a) Adopt Resolution No. 2013 -13: A Resolution of the City Con.ncil of the City of Neul)url. Beach Declaring its Intention to Conduct a Public Hearing in Consider•the Granting of a Non - Exclusive Solid Waste Franchise to Ecology Auln Paris Inc., a Cali[ornia.Corporation, to conduct a public hearing on February' 26, 2013 to consider the award of a Non - Exclusive Solid Waste Franchise to Ecology Auto Parts, Inc., a California Corporation; b) direct the City Clerk to publish Resolution No. 2013 -13 within 15 days of its adoption; and c) introduce Ordinance No. 2013 -2: An Ordinance of the City Council of the City of Newport Beach Granting a Non - Exclusive Solid Waste Franchise to Ecology A06, Parts, Inc., a California Corporation to Provide Solid Waste Collection Services Upon the City Streets and Within the City of Newport Beach, and pass to second reading on February 26, 2013. C. ORDINANCE FOR ADOPTION 4. ADOPTION OF ORDINANCE NO. 2013 -1 AMENDING THE NEWPORT BEACH MUNICIPAL CODE (NBMC) RELATED TO COMMERCIAL AND NON - COMMERCIAL TIDELANDS USES. [100 -2013] Conduct second reading and adopt Ordinance No. 2013 -1: An Ordinance of the City Council of Volume 61 - Page 52 City of Newport Beach City Council Minutes February 12, 2013 the City of Newport Beach Amending Chapter 3.36 and Title 17 of the Newport Beach Municipal Code Relating to Commercial and Non - Commercial Tidelands Uses. Council Member Daigle announced a "no" vote on this item. Council Member Selich recused himself on this item because he owns a residential pier. D. RESOLUTIONS FOR ADOPTION 5. SUMMARY VACATION OF EXISTING SEWER EASEMENTS AT 212, 216, 220 AND 224 KINGS PLACE. [100 -20131 a) adopt Resolution No. 2013- 14: A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 10 -Foot W,i'de Sewer Easement at 212 Kings Place (Lot 5, Block D of Tract 1219), and Directing the Cd' y Clerk to Record Same with the County Recorder's Office; b) adopt Resolutiom No. 2013 -15: A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation of an Existing 10 -Foot Wide Sewer Easement at 216 Kings Place (Lot 4, Block D of Tract 1219),. dhd Directing the City Clerk to Record Same with the County Recorder's Office;, c) adopt Resolution No. 2013 -16: A Resolution of the City Council of the Cry of Newport Beach Ordering the Summary Vacation of an.. Existing 10 -Foot IT "ide Sewer Easement at 220 Kings Place (Lot 3, Block D of Tract 1219), and Drerling. the City Clerk to Record Same with the County Recorder's Office; d) adopt Resolution No. 2013 -17: A Resolution of the City Council of the, -City of Neu;port Beach Ordering the Summary Vacation of art Existing 10 -Foot II ide Sewer Easement at 224 Kings Place (Lot 2; Block D of Tract' 12,19), and Directing the City Clerk to Record Same wit!t. the County Recorder's Office; and e) direct staff to process the summary vacation of said easements, and direct the City Clerk to have all Resolution sand, vacation documents recorded by the Orange County Recorder. ,6f SUMMARY VACATION OF STREET RIGHT -OF -WAY AT 912 EAST OCEAN FRONT. [100 -20131 a) Adopt Resolution No. 2013 -18: A Resolution of the City Council of the City of Newport Beach Ordering the Summary Vacation and, abandonment of Street Right -of -Way (East Ocean Front) Adjacent to and Contiguous with 912 East Ocean Front (Lot 21, Block 14 of the Balboa Tract), and Directing the City Clerk to Record Same with the County Recorder's 01fice; b) direct staff to process the summary vacation of said right -of -way, and c) direct the City Clerk to have the resolution and summary vacation documents recorded by'the Orange County Clerk Recorder's Office. E. CONTRACTS AND AGREEMENTS IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5035. [381100 -20131 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion with the Orange County Clerk Recorder's Office; b) authorize the City Clerk to release the Labor and Materials Bond 65 days after Volume 61 - Page 53 City of Newport Beach City Council Minutes February 12, 2013 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. BULKHEAD AND SEAWALL REPAIRS - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4897. [381100 -2013] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion with the Orange County Clerk Recorder's Office; 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. t 9. TIDEGATE RETROFITS AND UPGRADES - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5116. [38110.0 -2013] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion with the Orange County Clerk Recorder's Office; b) authorize the City Clerk to release the Labor and Materials Bond 65'days after the Notice of Oompletion 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. 10. BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION .- AWARD OF CONTRACT NO. 5152. [381100 -2013] a) Approve the project drawings and sg cificptlions; b) award Contract No. 5152 to NOBEST, Inc. (NO:BEST) for the total bid price of $1,175,000.00, and authorize the Mayor and the City -Clerk to execute the contract; and c) establish an amount of $176,000.00 (15`tu) to cover the cost of unforeseen work and anticipated additional concrete work not included in the original contract. 11. AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER DC &E FOR THE PREPARATION OF THE EiN`VIRONiMENTAL IMPACT REPORT FOR THE UPTOWN NEWPORT:MIXED USE RESIDENTIAL DEVELOPMENT LOCATED IN. THE AIRPORT AREA (C- 4941). [381100 -2013] Approve the amendment to the Professional Service's Agreement, and authorize the Mayor and City Clerk to execute the Agreement. 12. APPROVAV.OF AMENDMENT NO. 6 WITH EPT DESIGN (C -3766) AND AMENDMENT NO. 1 WITH BONTERRA CONSULTING (C -3449) FOR ADDITIONAL FINAL DESIGN AND ENVIRONMENTAL SERVICES SUNSET RIDGE PARK. [381100 -2013] a) Approve Amendment No. 6 to PSA with EPT Design (EPT) for final design services at a not to exceed price of $202,033, and authorize the Mayor and City Clerk to execute the Amendment; and b) Approve Amendment No. 1 to PSA with BonTerra Consulting (BonTerra) for environmental services at a not to exceed price of $139,550, and authorize the Mayor and City Clerk to execute the Amendment. Volume 61 - Page 54 City of Newport Beach City Council Minutes February 12, 2013 13. APPROVAL OF AMENDMENT NO. 1 TO ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING, INC. (C- 5042). 1381100 -20131 Approve Amendment No. 1 to the January 18, 2012, On -Call Professional Services Agreement with Coast Surveying, Inc. to increase the contract limit to $250,000 for continuing on -call surveying services, and authorizing the Mayor and City Clerk to execute the Amendment. F. MISCELLANEOUS 14. PLANNING COMMISSION AGENDA FEBRUARY 7, 2013. 1100 -20131 Receive and file. 15. FINAL TRACT MAP NO. 16594 FOR 2:300 NEWPORT BOULEVARD. 1100 -20131 Review and approve Final Tract Map No. 16594 located at 2300 Newport Boulevard pursuant to Section 19:60.010 of the Newport Beach Municipal Code (NBMC). Council Member Hill recused�himself on this item because�he owns property within 500 feet of the subject location. 16. CITY COUNCIL iPRIORITIES 2013. 1,1.00 -20131 Receive and file the finalized listing of City Council Priorities for 2013. 17. APPROVE BUDGET AMENDMENT FOR NHE 2014 HARBOR REGIONAL GENERAL DREDGING iPERMIT: 1100 -20131 Approve Budget Amendment No. 13BA -031 appropriating $100,000 from the unappropriated Tidelands Fund reserves to Account No. 7231- C4401001 for professional services related to the 2014 dredging Regional General Dredging Permit. G 18. APPOINTMENT TO THE BALBOA VILLAGE ADVISORY COMMITTEE (BVAC). 1100 -20131 Confirm the Mayor's appointment of Council Member Tony Pettus to assume Mayor Curry's position on BVAC. Motion by Mayor Pro Tem Hill..,,econded by Council Member Henn to approve the Consent Calendar; noting the recusal by Council Member Selich on Item 4, the "no" vote by Council Member Daigle on Item 4, and the recusal by Council Member Hill on Item 15. The motion carr Ded 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 XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS Mayor Curry opened public comments for non - agenda items. Volume 61 - Page 55 City of Newport Beach City Council Minutes February 12, 2013 Barbara de Is Pena expressed concerns regarding the U.S. Army Corps dredging project relative to appropriate public notice and the quality of dredging material being placed offshore. She referred to a conversation with Public Works Director Webb regarding this matter, and claimed his response to be "rude." She claimed that the Coastal Commission gave a negative determination on the issue, based on previous projects and expressed her concerns, reporting that "two- thirds" of the core samples taken were unacceptable for beach or off -shore placement. She requested an apology from Mr. Webb and suggested that the City look at other options for placement of the.dredged materials. Jim Mosher referenced a letter he sent to the Board of Education asking them to agendize where the Newport -Mesa School District boundary should be near the Uptown Newport project. Additionally, he referenced Measure EE relative to class- action claims, reporting that in three weeks, at 9:00 a.m., in the City of San Francisco, the California Supreme Court will be hearing a case, McWilliams us. Long Beach, which is intended to address the matter. Hearing no further testimony, Mayor Curry closed public comments for non- agenda items. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Petros reported he is working with staff to reconvene the Bicycle Committee. Council Member Daigle reported that the Citizens' Aviation Committee meets on the fourth Monday of the month at the Central Library at $':00, a.m.. and invited the public to attend. She stated that one of the issues that the Committee is addressing is retaining GE Aviation /Naverus to addrea departure issues relrcted to John Wayne Airport. She indicated their mission is to address the feasibility oftkyeloping more precise departure procedures to benefit the residents of the O,ity. She added -that the. City has met twice with the FAA who has made adjustments to one departure procedure, resulting in impacts to the community. Council Member Daigle stated that further adjustments are needed to develop a new departure procedure (RAWLZ)' and' ?therefore, the City has retained GE Aviation/Naverus to build its,r.,ris2 Council Member Daig ➢e reported that representatives of GE Aviation /Naverus visited the City an February 6th and met with local community members so that Naverus staff members could understand the , various concerns raised by citizens. She stressed the need for a unified position, commented positively on the meeting and thanked those that participated, noting a report will be presented to Council. XVII. PUBLIC HEARINGS i 19. RESIDENTL4L LOT MERGER CODE AMENDMENT - CODE AMENDMENT NO. CA2012 -007 (PA2012 -102). [100 -20131 Community Development Director Brandt introduced the item noting that it was generated from a request from former Mayor Gardner. She deferred to staff for a report. Planning Manager Patrick Alford presented details of the report noting the intent of Volume 61 -Page 66 City of Newport Beach City Council Minutes February 12, 2013 limiting floor area on future lot mergers or reconfigurations of lots. He presented examples of eliminating setbacks which in turn are added to buildable areas and reported that the amendment would apply to future lot reconfigurations after the effective date of the ordinance. He reported that it would apply when the largest of the lots in the reconfiguration increasing in area by more than 50% and to older areas of the city. He detailed the 50% increase threshold and addressed the subject communities. Council Member Gardner noted that the matter came from the Planning Commission when it considered the Ocean Boulevard lot mergers where one of the considerations had been the loss of area thatcould provide visual corridors, i Planning Manager Alford noted that the setbacks on the project referred to by Council Member Gardner where voluntarily increased. He stated that staff looked into the possibility of mandating increased setbacks but' there were .possible compatibility issues. He reported that there are many variables to consider and that increased side setbacks may not work in every situation. Council Member Selich believed that-,consideration would be given tu, rincreasing distances between buildings and felt that the proposed change doesn't do so.- Mayor Pro Tem Hill commented on wanting to encourage lot mergers in certain areas and felt that the issue is one of mashing where it would be addressed with setbacks that vary as heights go up. He indicated he would, not support the matter, as proposed. Council Member Gardner stated a concern in her part of town that the City would be losing its character 'd it doesn't provide some kind of controls. She agreed with the need to address massing. Mayor Curry opened the public hearing. Walter Richardson noted thatBallboa- Island and Corona del Mar are very special and unique neighbourhoods within the City of Newport Beach, based on lot size and square footage of the houses. Hr noted that this keeps property values high and creates a charming character in the area. He expressed concerns over allowing significant increases in the amount otlwildable square footage and felt it would negatively impact the character of the area. He spoke in support of the proposed amendment and stated that comments from Council Members should be addressed and thanked Council _Member Gardner for her comments regarding the importance of maintaining character: Jim Mosher referenced the truncated Planning Commission minutes and reported that for the last few weeks, the Planning Division has posted audios of its meetings. He stated that at the referenced Planning Commission meeting, there was confusion as to what Council was requesting and whether that had been properly filtered through City staff. One of the issues was why the increase in buildable area as a result of lot mergers would not apply to the whole city. He addressed other issues including the possibility of the matter leading to inequities depending on the specific history of properties. In addition, he reported that as presented to the Planning Commission, increases in street widths were recommended and that he suggested Volume 61 - Page 57 City of Newport Beach City Council Minutes February 12, 2013 using increases in the area of the lot as a more sensible standard. Hearing no further testimony, Mayor Curry closed the public hearing In response to Council Member Selich's inquiry regarding related policies from other cities, Planning Manager Alford stated that he is not aware of other communities with similar issues. He stated that they are usually addressed through the design review mechanism. He reported that other cities generally encourage lot mergers which bring properties into compliance with current day standards. Council Member Gardner felt that there are issues that have not been completely addressed and suggested continuing the item. Motion by Council Member Gardner, seconded by Mayon Curry to continue the item to allow additional time to address whether the item should only be applicable to older areas of the City and to consider setbacks and view corridors 'a well. In response to Council Member Henn's inquiry, Planning Manager Alford clarified the example presented, noting that the intent is that the areas added to the buildable area by the elimination of the interior side setbacks would be reduced, noting that the buildable area and the maximum floor area would have to be the same that existed prior to the reconfiguration of the. lot. The figure in his presentation was not intended to be a representation of what the new proposal void be. Council Member Henn agreed that there `i• more work needed on the matter for clarification and addressed some of the corn menfG °made. City Manager KiN sought direction from Council as to whether the item should go back to the Planning C ,'omrnission and• when it should return to Council. Discussion followed' .regarding whether to send the matter to the Planning Commission or back ti) (louncil, Staff recommended bringing the item back to Council within six- weeks, at least. Maker of motibin agreed to continue the item to Council's second meeting in March. Mayor Curry agreed as well. It was noted that bulk and mass are issues of concern and Mayor Curry stated that care should be takenito avoid unintended consequences. City Manager Kiffsuggested continuing the matter to a study session. City Attorney 'Harp indicated a motion is not necessary and that staff will return the matter at a study session and re- agendize it appropriately. No action was taken on the motion. It was the consensus of the City Council to re- agendize this issue at an upcoming Study Session. 20. ZONING CODE AMENDMENT SINGLE ROOM OCCUPANCY RESIDENTIAL Volume 61 - Page 58 City of Newport Beach City Council Minutes February 12, 2013 HOTELS'AND PARKING FOR EMERGENCY SHELTERS - PA2012 -179 FOR CA2012 -009. 1100 -20131 Community Development Director Brandt introduced the item noting that they are follow -up items to Council's adoption of the Housing Element. She reported that through a review of the Housing Element with the State of California Housing and Community Development Department, they identified items that needed follow -up in order for the City to maintain its housing certification as it moves forward through the next Housing Element cycle. She deferred to staff for a report. Assistant Planner Melinda Whelan presented details of the report addressing details of the Zoning Code amendment, background, permittedt uses within the Zoning Code and recommendations. Mayor Curry reported that actions are required.-in order to comply ,with State law. Motion by Council Member Selich, seconded _!by Council, Member. Gardner to introduce Ordinance No. 2013 -4: An Ordinance of the City Council vf`the City of Newport Beach Adopting Zoning Code Amendment No. CA2012 -009 Regarding Single Room Occupancy Residential Hotels and Parking Requirements for Emergency Shelters (PA2012 -179), and pass to a second reading on February 26, 2013. Mayor Curry opened public comments for this item. Hearing no testimony, he closed public comments. Ayes: Council Member Gardner; -Council • Member- Petros, Mayor Pro Tem Hill, Mayor Curry, Cour7cil.Member Selich,; Council Member Henn, Council Member Daigle XVIII. CURRENT BUSINESS 21. MOBILITIE TELECOMMUNICATIONS PERMIT FOR FAUX EUCALYPTUS TREE. MONOPOLE LOCATED AT 2401 IRVINE AVENUE (PA2010 -073). f100- 20431 Council Member Daigle 'recused herself from this item since she receives income from telecommunications companies and proceeded to leave the dais. Community Development Director Brandt introduced the item and deferred to staff for a report. Associate Planner Fern Nueno presented details of the report noting that the proposed monopole can, accommodate four telecomm carriers-including the proposed Verizon Wireless antennas. She addressed the project site, surrounding areas, site plan, existing buildings and telecomm facilities, project plan, total potential antennas, tree materials, equipment enclosures, site photographs, photograph simulations and conditions requiring additional landscaping. In response to an inquiry from Council Member Petros, she addressed the distance between the proposed trees and the existing public right -of -way. She noted that the proposed new trees are similar in height to the proposed faux tree. Volume 61 - Page 59 City of Newport Beach City Council Minutes February 12, 2013 Director Brandt added that staff just received photo simulations of the faux and proposed new trees and has not had time to discuss them with the applicant. Brief discussion followed regarding setback requirements for the equipment building. Community Development Director Brandt reported that it would be an accessory structure that would need to comply with Municipal Code requirements. She added that there is no variance being requested in terms of the setbacks. Associate Planner Nueno addressed staff concerns relative to the location categories within the Municipal Code noting that staff feels that a higher priority location may be feasible. Additionally, staff has concerns with the height being requested above the fifty -four -foot height limit and is unsure whether the additional height is necessary. Presently, the site contains four carriers and the proposed project would allow a total of eight carriers on site. Staff is concerned there may lie a potential of over - concentration of co- location telecomm facilities and the proposed would allow current carriers to move to the faux tree location. Associate Planner Nueno reported that the coverage needs were not demonstrated withn the application relative to the requested height and that the needs of future carriers were not demonstrated as well. She added that staff is unable to determine - whether, approval of the application at a lower height would result in a denial of service. In response to Mayor Pro Tem Hill's inquiry,. Director Brandt reported that in conjunction with a review of th.,c application, the applicant submitted coverage maps indicating coverage under the varying structure heights and are provided as part of Council's packet. However, distinguishing_ factors are, not shown, especially in outlying areas. She noted that there is no information relative to the height potential additional carriers may need. She reported that staff has identified design options for Council to reviey;! and ,asked for Council direction. She addressed recommendations according to the various options presented. In response to an inquiry from Council Member Gardner, Associate Planner Nueno reported that this is the fixst.faux tree' application that Council has seen and listed existing mruQpoles within the City'. Mayor Pro Tem Hill inquired regarding the process of establishing the priority of locations. Associate Planner Nueno reported that Council established them when it adopted the Telecommunications Ordinance as part of the Municipal Code in Title 15 and addressed its purpose. She listed the various priorities and their descriptions. Ciounci'l,Member Henn inquired regarding the maintenance of faux trees over time Director Brandt reported that they have the potential to not age well as the foliage can fade over -time and future extensions may not match the original tree. She reported that staff has had discussions with the applicant regarding appropriate maintenance for the proposed tree and they have agreed that they would have an aggressive and on -going maintenance program. This would be addressed through conditions, of approval. Mayor Curry invited the applicant to address Council. James Rogers, representing the applicant, Mobilitie, LLC, reported that the Volume 61 - Page 60 City of Newport Beach City Council Minutes February 12, 2013 organization is not a wireless carrier, but rather a commercial real estate developer who works with vertical assets instead of horizontal assets. He stated that the proposal is for a four - carrier wireless facility and Verizon Wireless will be the anchor tenant who will obtain the "choice" spot. He added that Verizon has not requested fifty -nine feet in height but, for a co- location to work there must be a specified vertical separation between sets of antennas. He explained that the lowest antenna would be at thirty -seven feet to clear the church building and that the reason for choosing this location was because it is the only non - residential use in the area.. Mr. Rogers explained the four- carrier design noting that they received letters of intent from four carriers, Verizon, Metro PCS, T -Mobile and AT &T. He acknowledged staff concerns relative to T- Mobile and AT &T because they.are already on the site and the church has expressed interest in them re- locating as well to remove the existing clutter. By doing so, T- Mobile and AT &T will have improved service to 'their customers as the antenna heights will increase,on the monopolo� He addressed staff recommendations relative to increasing the truss height and reported a challenge in that the cross belongs to Sprint and neither they nor the church have any say in the matter and that in order to accommpdate everyone the cross would need to be approximately seventy -five feet in height which would be impractical., He also reported that it would be impractical to mM fy the church building in order to better function as a wireless facility than a church. Mr. Rogers stressed the need, for, the additional height stating that a fifty -foot structure would not accomplish the coverage necessary; He reported that if the tree were fifty -feet, only one or two carriers could be, accommodated. Mayor Curry opened public comments for this R m- Brian Barr, 'Mtmber of the Board ofT'rustees of Harbor Christian Church, reported that they have been informed that a number of current wireless lessees on their site are interested in collocating to the monopole. He added that what the site presents is the turn to 4G Lang -Term Evolution (LTE). He noted that it will attractive, as the technology-moves forward and acknowledged that this is a competitive business and is in the process of,down= ;electing where, in the long -term evolution, there may be fewer carriers. He spoke in supportof the matter. ,Tack Golden, Member of the Board of Trustees of Harbor Christian Church, commented on the congregation's community involvement and service and spoke in support of the matter. He stated that the cell tower installation is seen as another way to improve community service by helping provide better service to the community.. He reported, that the income received by the church helps with its ministry and; maintenance of their facilities and keeps their capital improvements up to date. Additionally, he listed other community groups that use their facilities. He suggested that issues of concerns could be addressed through conditions of approval. Jim Mosher noted that the proposed project is in the City's back bay, nature reserve, coastal zone and in a designated scenic road. He felt that the project will have negative visual impacts and spoke in opposition to the proposed project. He suggested that the Bay Corporate Plaza would be a more appropriate site for the proposed monopole or construction of a bell tower completely enclosing the antennas at the proposed site. Volume 61 - Page 61 City of Newport Beach City Council Minutes February 12, 2013 Ava Good win- Noriega, Costa Mesa resident, wondered regarding the amount of revenue received by the church through its wireless communication facilities and reported on an existing faux tree at the corner of Harbor and Wilson. She expressed concerns with the potential negative visual impacts of a faux tree. Hearing no further testimony, Mayor Curry closed public comments. Mayor Curry invited the applicant to the podium to respond to questions. Mr. Rogers reported that the proposed faux tree is sixty -two feet and that the proposed live trees will vary in height between forty and fifty feet. He stated that the size of the trees at the time of planting will be determined uithin the landscape plan. Mayor Pro Tem Hill reported visiting the site and noted that thci church has existing antennas on it which are not attractive and commented positivelir o.n removing some of those antennas. He reported visiting the City of Fullerton to visit the only faux eucalyptus tree in existence and opined that it is very attractive but that is questionable at the point where the main trunk splits into three branches, He stated that the foliage does a good job in hiding the,.antennas. He stressed the importance of placing additional landscaping around the tree and suggested the possibility of adding trees of various heights so that they would block the section where the branches split from the main trunk. Mayor ProJem Hill reported that he would support the item if the aesthetic challenges could be resolved. He did dot believe that setbacks are an issue and stated that he doesn't have an issuie with heighx_. Motion bv__Mavor Pro Tem Hill, seconded by Mayor Curry to a) direct staff to generate appropriate conditions for the. project; b) determine that the height of the monopole should be 6`2 feet; c) contrm4e the application to March 26, 2013; and d) direct staff to return with an appropriate resolution for adoption. Community Development Director Brand t. reported that staff recommends continuing the aforementioned item to the Council meeting of March 26, 2013. There was no obje gtion to;the recommendation by staff. .Maker of motion -AMENDED MOTION Council Member Sc'lich asked the maker of the motion to include engaging the services of a landscape architect prior to the item returning to Council. Council Member Petros commented on ways to enter into the city from the north and did not feel that the proposed project 'would add' to the experience. He expressed concerns with exceeding the City's height standards to accommodate future carriers. Council Member Gardner referenced the City's Telecom policies and felt that there are other options available. She opined that the proposed tree is ugly and stated that she will not support the motion. Mayor Curry agreed with the site suggested by Mr. Mosher relative to an alternative location for the proposed facility. He addressed the growth in telecommunications and Volume 61 - Page 62 City of Newport Beach City Council Minutes February 12, 2013 noted the need for infrastructure to improve telecommunication services. Mayor Pro Tem Hill and Mayor Curry accepted the addition to the motion as suggested by Council Member Selich. Council Member Selich indicated he will support the motion and agreed that the aesthetic concerns need to be addressed. He commented that the monopoles that he has witnessed that look bad are those that sit by themselves and by placing the proposed in a group of trees will help to mitigate visual impacts,,, Council Member Henn stated he will support the motion buff that he wants to see how the aesthetic issues will be addressed and to make sure we understand the maintenance conditions that will be developed. He indicated that his support for the motion should not be construed as support for approval of the item when it comes back to Council. . ' Amended motion by Mayor Pro Terri _Hill. seconded by Mayor Curry to a) direct staff to generate appropriate conditions fox the project; b) detein ine that the height of the monopole should be 62 £eot; c) continue the application to March 26, 2013; d) direct staff to return with an appropriate resolution for adoption; and e) direct the applicant to utilize the services of a landscape architect. The amended motion carried by the following'rolil call vote: Ayes: Mayor Pro Tern Hill. Mayor 'Curry, Council, Member Selich, Council Member Henn Noes: Council Member Gardnerq,Council Member Putros Recused: Council Meniber Daigle Council Member Daigle entered the Chambers and took her place on the dais. 22. INITIATION OF AIK AMENDMENT TO THE COASTAL LAND USE PLAN AND COUNCIL POLICY EKABLISHING AN ENCROACHMENT PROGRAM FOR EAST OCEANFRONT. [1,00 -20131 Mayor Curry noted, that the aforementioned item was discussed extensively during steady session and called for a report from staff. Community Development Deputy Director Brenda Wisneski presented details of the report including stiff recommendations. Motion by Council Member Henn, seconded by Council Member Petros to direct staff to initiate an amendment to the Coastal Land Use Plan Policy 3.1.3 and City Council Policy L -12 establishing an Encroachment Program for East Oceanfront. Council Member Henn added that while he understands that there are a lot of unanswered questions, there needs to be a construct to move forward in order to obtain the answers. He noted that there have been conversations with Coastal Commission staff and there is prospect that something like the proposed may gain approval. Volume 61 - Page 63 City of Newport Beach City Council Minutes February 12, 2015 Council Member Gardner expressed concerns with moving ahead at this point because of the requirement for restoration. She stated that she would like to know upfront what the Coastal Commission considers as restoration. Council Member Selich agreed with Council Member Gardner's comment and stated that further consultation is needed noting that "restoration" has significant meaning to the Coastal Commission. He felt that additional information is needed in terms of what the costs will entail and indicated that he will not support the motion. Gardner to deny the item and direct staff to ask the Coa:;tal Commission biologist to perform a site survey, determine the definition of restoration, determine the extent of the area to be restored and develop a cost estimate and budget for the entire project. In reply to Council Member Daigle's requesty Deputy Director Wi3neski provided a brief overview of the item. She added that the f"t step in the process would be to consult with Coastal staff' and return to Council additional informatin_n related to restoration requirements. Mayor Curry opened public comments for this item Jim McGee, representing Peninsula Point Ocean -Front homeowners, referenced a letter sent to Council outlining a propgW which sought to resolve the issues before Council. He noted intent to come to some agreement with the Coastal Commission. Mr. McGee addressed the options available and felt that the proposed plan seems reasonable and noted-that the City can bring a. to them, having the support of the City and residentspiwhich would resolve legal issues associated with enforcement. He added that many problems faced by the City would be resolved because it would create a uniform policy, applicable to. the whole city. He addressed generation of income by the City and urged Council to go forward with the plan recommended by staff. ,Council Member Gardner acknowledged the validity of some of the points made by Mr. McBee and-withdrew her second of the substitute motion. `Council Member Daigle wondered if the residents are on board with the proposal and iblr. McGee reported that although he does not represent all of the residents, his clients, wha are spokespersons for the community, are all on board. He reported going through an exhaustive process to develop a proposal that is a compromise and stressed.the importance of unity. Hearing no f? irther testimony, Mayor Curry closed public comments for this item. Council Member Selich reiterated his concerns and highlighted getting the information before initiating the amendment. Council Member Gardner commented on the merits of the City presenting its plan rather than leaving the matter open for Coastal Commission input. Volume 61 - Page 64 City of Newport Beach City Council Minutes February 12, 2013 The substitute motion failed for lack of a second. Mayor Curry stated that he believes Mr. McGee made a compelling case and noted that there are unpleasant options all around. He felt that the proposed does the best job in aligning the residents and the City in on -going negotiations that will occur with the Coastal Commission. Council Member Henn stated that when the item returns, he would like to understand the cost estimates broken down by the fifteen -foot segment as well as the remaining areas. City Manager Mff reported that Council would be in charge of that issue through the budgetary control process. Mayor Pro Tem Hill stated that the discussion has been relative -to when and how to mitigate the matter with the Coastal Commission. He added that:a unique element concerns the existence of an approved plan in anoth6r'part of town and.indicated that be would support the motion. The motion carried by the following roll call vote: Ayes: Mayor Curry, Mayor Pro Tem Hill, Coundll Member Daigle, Council Member Gardner, Council Member Henn; Council Member Pef rps Noes: Council Member Selich 23 INITIATION OF AN AMENDMENT TO THE ZONING CODE TO MODIFY THE MINIMUM LOT ARE-A/DENSITY STANDARD FOR MIXED -USE ZONING DISTRICTS. [100 -2013) Community Development Director Brandt introduced the item and deferred to staff for a report. Plannirig'Manager Patnck Alford presented an overview of the proposal addressing background and noting there are smaller properties within the City which have difficulty meeting the minimum, lot area /density standard for Mixed -Use zoning districts. He asked. Council' to provide direction and allow for increased flexibility in unedifying or waivirie the standard.. Council Member Henn asked when the item is presented to Council; he would like to see examples showLng the challenges in meeting the stated standards. Mayor Curry' q,ppmed public comments for this item Hearing no testimony, he closed' public comments. Motion by Mayor Pro Tem Hill, seconded by Council Member Selich to direct staff to initiate an amendment to Chapter 20.22 (Mixed-Use Districts) of the Zoning Code. The motion carried by the following roll call vote. Ayes: Mayor Curry, Mayor Pro Tem Hill, Council Member Daigle, Council Volume 61 - Page 65 City of Newport Beach City Council Minutes February 12, 2013 Member Gardner, Council Member- Henn, Council Member Petros, Council Member Selich 24. DECOMMISSIONING AND INTERIM USE OF THE EXISTING CITY HALL PROPERTY (3300 NEWPORT BOULEVARD). (731100 -20131 a) Approve the Decommissioning and Interim Use Plan; b) direct staff to prepare the necessary contract documents; and c) authorize the City Manager to execute any necessary agreements to facilitate efforts to secure the facility and provide for ongoing use of the existing City Hall site at 3300 Newport Boulevard., The Decommissioning and Interim Use Plan to include: 1. securing vacated buildings, 2. maintaining City Council Chambers as a functional community meeting room, 3. maintaining exterior landscaping and lighting, 4. converting the existing parking lot into a temporary metered/paid parking use, and 5. removing portabl :: trailers G and I. City Manager Kiff introduced the item, provided a brief update on the status of proposals for the old City Hall property and deferred to staff for a repo"rl�: Public Works Director David Webb presented. a'PowerPoint presentation and included details addressing general task items, keeping the former Council Chambers open for community meetings, exterior barriers, remov+rng existing shrubs, rails, stairways, roof access, interior barriers, ez_iHt ng landscaping, amenities and utilities. Brief discussion followed regarding maintaining the: interior of the old Council Chambers. Public Works DirectbP Webb addressed removal of existi g signage and removal of the portable trailers Brief discussion followed regarding options for disposition of the trailers and the possibility of salvaging them. Finance Director /Treaaurer Dan Mata.1siewicz presented information regarding parking - options aid ad'dxcssed an existing reciprocal agreement with the adjacent church. He-,E&ressed the pros and cons' of each of three options presented including related costs. He presented recommendations as listed in the presentation and detailed the parking conffguration as well as revenue assumptions and investment returns, and parking lot revenue and expenditures. Mayor Pro Tem Hill''expressed concerns with formalizing the old City Hall parking lot as public parking on an interim basis. He felt whatever is planned for the property will have to be re-iewed before the Coastal Commission. He addressed the time before the existing buildings will be demolished and the possibility of the Coastal Commission requiring replacement of the public parking spaces. Currently, the parking area i a designated as commercial parking and stated he would like for it to remain the same. He suggested negotiating a lease with the adjacent church and other business entities close by which may be interested in leasing a portion of the property. Director Matusiewicz noted staff is hopeful the City could reach an agreement with the Coastal Commission consistent with their goal of providing public access parking to the beach as long as they knew it was only interim, they may be agreeable. Volume 61 - Page 66 City of Newport Beach City Council Minutes February 12, 2013 City Attorney Harp felt the Coastal Commission will probably impose conditions on the project and there is always a risk by creating the interim use as the Coastal Commission may see something they would like to make permanent. Council Member Daigle stated the City has done well with parking. City Manager Kill explained the permit process with the Coastal Commission and expressed his concern that the Coastal Commission would seek to approve or deny pay stations in the City's own parking lot. He agreed with Mayor Pro Tem Hill's comments and noted there is no evidence people use the parking lot to go the beach. In reply to Council Member Daigle's inquiry, City MAnagrr Kiff reported that, upon the removal of the trailers, either wood chips or grass would be installed in their place. Discussion followed regarding the possibility of allowing food trucks agrJ other events on the property to help with revenue generation. Public Works Director Webb stressed this A,,,-ould be an interim use and staff could explore other options for business use of the property. Council Member Gardner agreed kith Mayor Pro Tem Hill's comments. She felt there could be opportunities for negotiating with nearby business while making a clear case this would not be public beach parking. Council Member Selich agreed with - Mayon• Pro Tem krill's comments. He suggested shutting the whole site'down to, minimize future problems. Mayor Curr,:reported he parks there when he visits local business including the theater. He indicated he would support the parking concept and negotiate with surrounding busthess other�ise there is.a lost opportunity. COuncil Member Petros .questioned what effect the matter would have on future developments on,the site and indicated the he would be interested in knowing details of the security plan and efforts for saving existing trees and plants.. He suggested engaging the Police DepartnAmt with security and the City Arborist regarding the :latter. Council.Nfember Henn stated he does not want the facility to look like it's been shut down and expressed support for the idea of maintaining the Chambers for use by community groups. He agreed with removing the trailers and suggested installing turf in the area rather than bark. In terms of chained -link barriers, he hoped that staff would find something more aesthetic than simple chained link fencing. Regarding parking, he shared the concerns of Council regarding the Coastal Commission and indicated if there is a way to structure agreements with surrounding business that would be preferable. Discussion followed regarding the need to go before the Coastal Commission to install pay stations and the possibility of leasing out parking to adjacent or nearby businesses. Volume 61 - Page 67 City of Newport Beach City Council Minutes February 12, 2013 Public Works Director Webb addressed issues of parking control and enforcement to avoid general public use of parking. Mayor Pro Tern Hill stated that having the property secured and maintained is a benefit to the City. He noted the importance of reserving some of the parking spaces for use by the community and agreed with Council Member Henn's comment regarding removal of the trailers and re- sodding the area instead of placing wood chips. City Manager Kiff stated staff has general direction on everything but parking. He reported the concept for the fenced barriers is the netted blue or green chained link. Relative to parking, he stated staff will do additional resesrch and communicate with surrounding business to gain a sense of their interest of entering into a potential lease agreement with the City. Mayor Curry opened public commenWfor this item. Hearing_ no testimony, he closed public comments. Following discussion, it was the consensus of the City Council to move forward with the Decommissioning and Interim Use Plan, but bring back the parking issue for further discussion. 25. RESOLUTION NO. 2013 -19: RELATED TO THE CITY'S LEGISLATIVE PLATFORM; WASHINGTON DC ADVOCACY CONTRACT (C- 4032). (381100- 2013] City Manager Kiff nott';d there are small corrections needed within the document and requested input from Council. Council Member Gardner addressed support of Proposition 13 but wondered why a split roll.property'tax.:itiould b;, .opposed by the City. Council Member Daigle. reported there are various organizations that are considering a split roll of the property tax for commercial business interests and noted the reason for the opposition on split roll is to effectively advocate for the business and commercial development community. Mayol-Pro Tern Hill commented on the matter noting that the State's ultimate goal is to eliminate Prop 13. Council Member Henn thought that the Platform should be reviewed annually. Council Member Daigle reported on a legislative item, a "Homeless Bill of Rights" going through the legislative process. She questioned how the City would handle the matter and listed functions for lobbyists going forward. She noted the region's Congressional Delegation was very helpful with the recent dredging project and suggested providing proclamations. Mayor Curry opened public comments for this item Volume 61 - Page 68 City of Newport Beach City Council Minutes February 12, 2013 Jim Mosher noted some of the issues within the document could be regarded. as contentious. He states it is not appropriate for Council to adopt a position on the split roll issue, and the platform should not be indefinite, but be reviewed frequently. He highlighted additional corrections needed. Hearing no further testimony, Mayor Curry closed public comments for this item- Motion by Council Member Daigle, seconded by Council Member Petros to adopt Resolution No. 2013 -19: A Resolution of the City Councili of the City of Newport Beach Approving a Legislative Platform., and authoriz°ng the Mayor to issue statements and letters consistent with the Platform; and authorize the City Manager to extend the contract with Van Scoyoc and Associates in Washington DC for the duration of 2013 at $48,000 per year ($4,000 /month) including, an annual review of the item. The motion carried by the following roll call vote. Ayes: Mayor Curry, Mayor Pro Tem- Hill, Council Member Daigle, Council Member Gardner, Council Member Henn, Svouncil Member Petros, Council Member Selich 26. ESTABLISHMENT OF A NEWPORT HARBOR QAPITAL FUND. [100 -2013] City Manager Kiff referenced previous direction from the Council and the Tidelands Management Committee relative t6 the establishment of a Harbor Capital Fund. He presented a slide and reported the item has been reviewed by the Tidelands Management Committee and addressed -how the proposed tidelands revenue would flow. Mayor Curry noted this is an important step in keeping faith with the community after 'having gone through fh:, process of adjusting harbor rents. This will help the Cite keep focus on the Harbor Capital Plan during the time allotted. He commended _:staff for bringing -the recommendation forward. Council Member Daigle commended staff on the item and questioned how future projects will be addressed. City Nl.anager Kiff!ieported the harbor rent cannot pay for all of, the needs of the harbor. In terms of future projects, (i.e. seawalls and dredging) he noted there will be three likely, soeuroe�* of revenue; the General Fund, this new Harbor Fund, and possible funding from. the State and Federal government. City Manager Kiff commented that the Fund's iptent is to supplement rather than supplant existing Tidelands expenditures. Mayor Curry opened public comments for this item. Hearing no testimony, he closed public comments. Council Member Henn addressed the existing Tidelands Capital Plan and commented on the need to review it every year. Volume 61 - Page 69 City of Newport Beach City Council Minutes February 12, 2015 Motion by Council Member Selich, seconded by Council Member Gardner to a) approve staffs proposal for the funding and use of the Harbor Capital Fund; b) authorize staff to seek the State Lands Commission's approval to establish the Harbor Capital Fund; and c) if and when the State Lands Commission consents to the creation of the Harbor Capital Fund, direct staff to return to the City Council with a resolution and City Council Policy formalizing the Harbor Capital Fund's revenue and expenditure allocations. The motion carried by the following roll call vote: Ayes: Mayor Curry, Mayor Pro Tern Hill, Council Member Daigle, Council Member Gardner, Council Member Henn, Council Member Petros, Council Member Selich 27. DIRECTION TO STAFF ON VARIOUS ISSUES. [100 -20131 Mayor Curry reported this item was .placed on the agenda at his request and explained each of the issues. Council Member Gardner reported the City's Art Commission is working on a Master Plan and suggested that could be the starting point for examining possible funding uses for arts sod cultural programs and projects m the community. Mayor Curry reported their comments are welcome; however this matter is to put in place an arts - related revenue stream which is for the purviifw of Counci]. Council Member. Daigle clarified items to he considered Council Member Henri; suggested considering an annual or recurring funding source for arts and °cultural developments in the City, in addition to the developer agreement source. He commented -on the need to d`ivelop the city's arts community. Cvwv it Member Gaidner commenced on the need to change bookkeeping matters. Council Member Selich indicated his support and agreed with Council Member Henn's comments. Council Member Petros expressed his agreement with Council . Member Henn and reported the City currently has a vibrant art community. Mayor Curry opened public comments for this item. Jim Mosher questioned if the Orange County Museum of Ar•t will be closing in Newport Beach and if new efforts for art should take place. In addition, he remarked on the review of the provisions of the Municipal Code noting the job is a huge undertaking. He recommended there be a mechanism for additional public input; especially if it relates to review the provisions of the Municipal Code. Hearing no further testimony, Mayor Curry closed public comments Volume 61 - Page 70 City of Newport Beach City Council Minutes February 12, 2013 Motion by Mayor Curry, seconded by Council Member Selich to direct the City Attorney and City Manager to review the provisions of the Newport Beach Municipal Code and bring back an ordinance to the City Council repealing any outdated or unnecessary provisions; to direct the City Manager to direct a review of the City's Master Fee Resolution to identify fees or other charges which are unused or little -used and return proposed changes to the Resolution to the City Council; and to direct the City Manager and City Attorney to examine possible funding sources for arts and cultural programs and projects in the community, and return with concepts or ideas for the City. Council to review and provide further direction. The motion carried by the following roll call vote: Ayes: Mayor Curry, Mayor Pro Tem Hill, Council,Member Daigle, Council Member Gardner, Council Member Henn, Council Member Petros, Council Member Selich XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - Adjourned at 10:10 p.rxL in. memory of Jay Robinson .and Lisa Jordan The agenda for the Regular Meetiffg was posted on February 7, 2013, at 4:43 p.m. on the City Hall Bulletin Board '1'ocated outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 61 - Page 71