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HomeMy WebLinkAbout09/24/2013 - Regular MeetingCity Council Minutes City Council Regular Meeting September 24, 2013 7:00 p.m. I. STUDY SESSION - 3:30 p.m. II. CLOSED SESSION - 5:58 mm. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Heading Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, J.D., Deputy City Manager /Human Resources Director; Negotiators Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Lifeguard Management Association (NBLMA); Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach Professional and Technical Association (NBPTEA) B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: Aaron C. Harp, City Attorney C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): Pacific Shores Properties, LLC, et al u City of Newport Beach Newport Coast Recouery, LLC, et al u City of Newport Beach United States District Court, Central District Case Nos. CV 08- 00457 -JVS (RNBx) & CV 09- 00701 -JVX (RNBx) United States Court of Appeals, 9th Circuit Case Nos. 11 -55460 & 11 -55461 III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Counch Member Henn Excused: Council Member Daigle Volume 61 - Page 295 City of Newport Beach City Council Minutes September 24, 2013 VI. CLOSED SESSION REPORT City Attorney Harp announced that there are no reportable actions. VII. FLEDGE OF ALLEGIANCE -Boy Scouts Rob Caustin and Parker Doyle VIII. INVOCATION -Mr. Frank Carpenter IX. PRESENTATIONS West Marine Welcome Proclamation Mayor Curry invited West Marine Store Manager Chris Beckwith and Senior District Manager Laura Grillon to the podium and presented them with a proclamation for their efforts in preserving marine habitat, supporting marine non - profits, and declaring October 3, 2013, as West Marine Cruising for a Cause Charity Day. Mr. Beckwith expressed West Marine's appreciation and invited Council and members of the community to the grand opening of their flagship store in Via Lido Shopping Center from October 3, 2013 through October 6, 2013 and the Cruising for a Cause Charity event on October 3, 2013, from 6:00 to 9:00 p.m. FF.MA's 2012 Individual and Community Preparedness Awards for Outstanding Community Emergency Response Team Initiatives and Champions of Change (100 -2014 Mayor Curry referenced a simulcast from the White House where the City of Newport Beach and Matt Brisbois were honored for the CERT program. He invited CERT Community Director Peter Putnam and Assistant Fire Chief Kitch to the podium for a presentation. Assistant Fire Chief Kitch provided a PowerPoint presentation on the City's CERT program, volunteers, and recognition of the program by FEMA, as well as winning the White House Champions of Change Award. He addressed volunteer hours of service and the City's and Mayor's support of the program. CERT Community Director Peter Putnam presented Mayor Curry with tokens of appreciation for his support of the program. Mayor Curry expressed his appreciation for the City's CERT program and its volunteers. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON - DISCUSSION ITEM) Council Member Selich announced that a forum hosted by Speak Up Newport on refuse service outsourcing will be held on October 9, 2013, at 5:30 p.m. in the Civic Center Community Room. In response to Council Member Petros question, City Attorney Harp reported that the speed limit on Tustin Avenue was appropriately set at 30 mph. He indicated that the speed limits in residential districts are usually set at 25 mph but the Streets and Highways Code is specific relative to the number of houses within a residential stretch of roadway that this speed applies to. Volume 61 - Page 296 City of Newport Beach City Council Minutes September 24, 2013 Council Member Gardner requested and received confirmation that, although Tustin Avenue is a residential area, it is not considered a residential street per the Code. Mayor Pro Tom Hill reported testifying before the Orange County Transit Authority on behalf of the Toll Road Authority relative to the potential widening of the 405 Freeway. He reported that they are now considering the toll road as part of the overall mobility program. Additionally, he attended the League of California Cities Conference in Sacramento and spoke positively on the educational sessions and meetings with other coastal cities. Mayor Curry also commented positively on the League of California Cities Conference and indicated that he participated on the panels relative to realignment and pension reform. He announced that he attended the U.S. Lawn Bowling Open and spoke at the Newport Harbor High School Girls Volleyball Fundraiser. Additionally, he announced that the Orange County Division of the American Institute of Architects awarded the Civic Center with the top award as being the best non - residential building constructed in Orange County. He noted that the building also received the Members' Choice Award. XII. PUBLIC COMMENTS ON CONSENT CALENDAR - None XIII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. MINUTES FOR THE SEPTEMBER 10, 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. B. ORDINANCE FOR ADOPTION 3. ADOPTION OF ORDINANCE NO. 2013 -17 AMENDING TITLE 19 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE THE REQUIRED FINDINGS FOR LOT MERGERS (PA2013 -172). [100 -2013] Conduct second reading and adopt Ordinance No. 2013 -17, An Ordinance of the City Council of City of Newport Beach Approving an Amendment to Title 19 of the Municipal Code (Subdivisions) to Revise Findings Required for Mergers of Contiguous Lots. Council Member Gardner voted NO on this item. C. RESOLUTION FOR ADOPTION 4. CITY OF NEWPORT BEACH ENERGY ACTION PLAN. [100 -20131 Adopt Resolution No. 2013 -68, A Resolution of the City of Newport Beach Adopting an Energy Action Plan, and direct City staff to proceed with implementation. D. CONTRACTS AND AGREEMENTS 5. K STREET/EAST BAY AVENUE CONCRETE PAVER ALLEY IMPROVEMENT (C- Volume 61 - Page 297 City of Newport Beach City Council Minutes September 24, 2013 4945). [381100 -20131 Approve Budget Amendment No. 14BA -015 recognizing $75,000.00 contribution from the residents in Revenue Account No. 250 -5901 and appropriating $75,000.00 to CIP Account No. 7251- C2002057; and appropriating $55,240.00 from the unappropriated General Fund to CIP Account No. 7013- C2002057. 6. APPROVAL OF MAINTENANCE AGREEMENT FOR ALLEY SWEEPING SERVICES (C- 5600). [381100 -2013] Approve a Maintenance Agreement for Alley Sweeping Services with AGO Industries, Inc. dba SoCal Property Services of Costa Mesa, and authorize the Mayor and City Clerk to execute the agreement. E. MISCELLANEOUS 7. PLANNING COMMISSION AGENDA FOR SEPTEMBER 19, 2013. [100 -20131 Receive and file. Motion by Mayor Pro Tem Hill, seconded by Council Member Selich to approve the Consent Calendar; and noting the no vote by Council Member Gardner on Item 3. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Counch Member Henn Absent: Council Member Daigle MV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS George Schroeder spoke regarding his friend, Ron Hendrickson, who recently passed away, and Mr. Hendrickson's efforts in forming the Newport Taxpayers Alliance, as well as his service to the community. He noted that Mr. Hendrickson loved the City and will be greatly missed. Tara Reilly -Tung urged Council to take immediate action on the parking problems on Aralia Street, believing there are safety issues for students and residents. She added that during school hours parking is unavailable although many parking spaces remain vacant in the high school parking lot. She believed that a Police Officer protects spaces for seniors in the senior parking lot, but does not help protect parking spaces for residents. She referenced a U.S. Supreme Court case in the State of Virginia involving a similar matter. Scott Ehlers commented on Aralia Street parking problems and lack of enforcement. He reported that the current "No Student Parking" signs are not enforceable, expressed concerns with safety, and urged Council to consider the matter as soon as possible. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Henn reported on a recent joint meeting of the City Council and the Balboa Village Advisory Committee (BVAC) held on September 11, 2013, to consider the preliminary report of the Urban Land Institute Technical Advisory Panel which analyzed Balboa Village and provided recommendations for consideration as it moves forward with the Balboa Village Master Revitalization Plan. He reported that the report was well- received and the meeting was well- attended. He thanked Bob Voit for funding this effort for the City. Volume 61 - Page 298 City of Newport Beach City Council Minutes September 24, 2013 Additionally, Council Member Henn reported on a recent meeting of the Tidelands Management Committee where members of the Citizens Advisory Panel were appointed, the Tidelands Capital Plan and the Harbor Commission 2013 /2014 goals were reviewed, and an update on the Balboa Island bulkhead was presented. Council Member Selich announced that the General Plan/Local Coastal Program Implementation Committee will meet on September 25, 2013, from 12:30 p.m. to 2:30 p.m, in the Newport Coast Conference Room to discuss the Coastal Zone boundary, bluff regulations, and the Draft Implementation Plan. Council Member Petros reported attending an Orange County Transportation Authority (OCTA) Bicycle Collaborative at the Costa Mesa Neighborhood Center where Supervisorial Districts 1 and 2 were planning major bicycle routes through the area. He reported that some of the suggested links run through Newport Beach and noted that Coast Highway has elevated in priority which means that the planning for bicycle facilities through Coast Highway in a safe and efficient manner will be undertaken. Council Member Petros reported on the recent Hootenanny in Newport Heights, commented positively on the event, and thanked Recreation and Senior Services Director Detweiler and her staff for coordinating the event. He commented on an article in 77te Current and invited them to attend the next event. XVIL PUBLIC HEARINGS 8. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) PROGRAM YEAR 2012 -2013 (C- 4865(A)). [381100 -20131 Associate Planner Murillo introduced and invited Consultant Clint Whited, LDM Associates, to the podium for a presentation. Mr. Whited reported on the City's required submission of a five -year Consolidated Plan in order to receive Community Development Block Grants (CDBG) from the U.S. Department of Housing and Urban Development (HUD), He provided details of the Consolidated Annual Performance and Evaluation Report for the Program Year 2012 -2013, noting that it is in compliance with HUD regulations and that the City is well underway in meeting its five -year goals. In response to Council Member Gardner's questions regarding consultant charges, Mr. Whited reported that his organization bills on a quarter -hour basis to perform a number of duties specified within the regulations, like preparation of reports, administration of funding and grants, and monitoring the 377 units of affordable housing that are part of the City's affordable housing portfolio. Mayor Curry opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Gardner, seconded by Mayor Pro Tem Hill to a) approve the Program Year 2012 -2013 CAPER; and b) direct the City Manager or his designee to submit the Program Year 2012 -2013 CAPER to the U.S. Department of Housing and Urban Development (HUD). The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem. Hill, Mayor Curry, Volume 61- Page 299 City of Newport Beach City Council Minutes September 24, 2018 Council Member Selich, Counch Member Henn Absent: Council Member Daigle 9. 2014 -2021 HOUSING ELEMENT UPDATE (PA2012 -104). [100 -20131 Associate Planner Murillo presented the final draft of the 2014 -2021 Housing Element Update, including changes since Council last reviewed the document, and discussed the removal of the Inclusionary Housing Program. He reviewed recommendations by the State Housing and Community Development Department and the incorporation of the recommended items into the Housing Element. In addition, he reviewed recommendations made by the Planning Commission and the Airport Land Use Commission. He presented next steps and requested direction from Council regarding the Inclusionary Housing Program. Council Member Gardner expressed support for staff and recalls being the only one to express support for continuing the Inclusionary Housing Ordinance. She noted that, by suspending it, the City is not enforcing it but leaves it open if it is ever needed. She indicated that she does not know why the City would not just suspend it, rather than eliminate it entirely. Council Member Petros noted that the Regional Housing Needs Allocation (RHNA) is a projection of the City's affordable housing needs through 2021. He listed projects approved since its establishment and stated that he cannot see the need for the Inclusionary Housing Program. He suggested removing it from the Newport Beach Municipal Code (NBMC). In response to Council Member Selich's question, Associate Planner Murillo indicated that any surplus in the number of affordable housing units does not carry over to the next planning period. Council Member Henn indicated that be does not see a need to keep the Inclusionary Housing Program in place. Mayor Pro Tem Hill agreed, as well. Mayor Curry opened the public hearing. Jim Mosher voiced support for suspending the Inclusionary Housing Program and asked about suspension of in -lieu fees and when the 2014 plan would go into effect. He commented on the housing needs of special needs individuals (group homes) and a recent ruling by the U.S. Court of Appeals regarding discrimination of certain groups. He asked if such a finding would affect the Housing Element. Hearing no further testimony, Mayer Curry closed the public hearing. Motion by Council Member Selich seconded by Council Member Petros to a) adopt Resolution No. 2013.69, A Resolution of the City Council of the City of Newport Beach Adopting the 2014 -2021 Housing Element Update (PA2012 -104) to 1) find that all significant environmental concerns for the proposed project have been addressed in the previously adopted Negative Declaration SCH No. 2011091088, and 2) adopt the 2014 -2021 Housing Element; and b) direct staff to come back with a Resolution repealing Chapter 19.54 of the Newport Beach Municipal Code (Inclusionary Housing) for adoption at a future meeting. 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, Counch Member Henn Absent: Council Member Daigle Volume 61 - Page 300 City of Newport Beach City Council Minutes September 24, 2013 RVIII. 10. APPOINTMENT OF A NEW BALBOA VILLAGE ADVISORY COMMITTEE (BVAC) MEMBER TO REPRESENT THE CENTRAL NEWPORT BEACH COMMUNITY ASSOCIATION. [100 -20131 City Clerk Brown provided paper ballots to the City Council and read the ballot votes as follows; Grace Dove - Gardner, Petros, Hill, Selich, Henn, Mayor Curry City Clerk Brown announced that Grace Dove has been appointed as the BVAC Member to represent the Central Newport Beach Community Association. 11, CONSIDERATION OF ORDINANCE AMENDING NEWPORT BEACH MUNICIPAL CODE SECTIONS 17.35,020(F) AND 17.60.060 RELATING TO PIERS THAT ENCROACH IN FRONT OF ADJACENT PROPERTIES AND COMMERCIAL INDEMNITY, RESPECTIVELY. [100 -20131 Harbor Resources Manager Miller offered to respond to questions from Council regarding the matter. Motion by Council Member Gardner, seconded by Mayor Curry to not amend the Newport Beach Municipal Code and maintain the current process. In response to Council Member Henn's question, City Attorney Harp noted that no changes, including the proposed indemnity language, would be recommended under the current motion. Council Member Henn stated that he is in favor of the recommendation in the staff report, so will be voting against the motion. Mayor Pro Tem Hill believed that including the indemnity language is important and would support doing so. Substitute motion by Council Member Selich, seconded by Councli Member Henn to introduce Ordinance No, 2013 -15, An Ordinance of the City Council of City of Newport Beach Amending Sections 17.35.020(F) and 17.60.060 of the Newport Beach Municipal Code to Allow Certain. Administrative Transfers of Tidelands Permits and to Require Commercial Tidelands Users to Defend and Indemnify the City of Newport Beach, and pass to second reading on October 8, 2013. Jim Mosher spoke in support of maintaining status quo, believing that the matter involves taking the public's right to discontinue a use, once it has been permitted. He commented on the indemnity clause, but questioned previous City Attorney advice regarding the City's ability to immunize itself against class action lawsuits by inserting language into the City Charter. Council Member Gardner noted that the issue regarding class action lawsuits was the result of a court roiling regarding adoption of an ordinance. City Attorney Harp added that the League of California Cities and other experts urged cities to adopt those types of ordinances to shield themselves from class action lawsuits brought about by attorneys trying to generate fees. Council Member Gardner stated that she has no problem with the indemnity language, but expressed concern regarding Section E. City Attorney Harp explained that currently, those with a commercial pier permit need to go Volume 61- Page a01 City of Newport Beach City Council Minutes September 24, 2013 before the Harbor Commission to transfer the permit. He reported that Section E would allow transfers between family members without going before the Harbor Commission, but would be handled at an administrative level. Additionally, the permittee would be required to indemnify the City on any legal challenges associated with the transfers. Assistant City Attorney Torres explained that the indemnity language has always been in the NBMC and that Section E was added to clarify direction from Council relative to transfers. It was noted that, if desired, the motion could be to allow the Harbor Commission to review these types of matters as it presently does and addd the indemnification language. Discussion followed regarding differences between transfers and new permits, changes allowing interfamily transfers, the approval process, the various paths for approval, and the appeal process. Assistant City Attorney Torres noted that zany interested person can file an appeal and that, if the use of a pier changes or the abutting property changes, it would trigger a review by the Harbor Commission. The substitute motion failed by the following roll call vote: Ayes: Mayor Pro Tem Hill, Council Member Selich, Counch Member Henn Noes: Council Member Gardner, Council Member Petros, Mayor Curry Absent: Council Member Daigle Amended motion by Council Member Gardner, seconded by Mayor Curry to introduce Ordinance No. 20:13-15, An Ordinance of the City Council of City of Newport Beach Amending Section 17.60.060 of the Newport Beach Municipal Cade to Require Commercial Tidelands Users to Defendi and Indemnify the City of Newport Beach, ani pass to second reading on October 8, 2023. 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 Noes: Counch Member Kenn Absent: Council Member Daigle 12, JOHN WAYNE AIRPORT (JWA) SETTLEMENT AGREEMENT ENVIRONMENTAL IMPACT REPORT (EIR) BUDGET AMENDMENT (C-2535). 138/100-20131 City Manager Diff introduced the item and noted that Senior Planner Alford was available to respond to questions from Council. Motion by Coupe I Member. Selich.,. seconded � Mayor. Pro Tern mill. to a) find that the Budget Amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the CEQA Guidelines; and b) approve Budget Amendment No. 14BA-014 to increase expenditure appropriations in the City Council's Airport Management Division Budget, Professional & Technical Account, 0121-8080, by $525,696, from the General Fund unappropriated fund balance, Jim Mosher reported that the airport is currently operating well below its capacity and believed that the Agreement may do little in restraining the airport from attaining the levels of growth that it could attain without an Agreement. He also expressed concerns with related expenses. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Volume 61 - Page 302 City of Newport Beach City Council Minutes September 24, 2013 EM Council Member Selich, Counch Member Venn Absent: Council Member Daigle - None XX. ADJOURNMENT -Adjourned at 8:16 p.m. in memory of Ron Hendrickson and Ray Williams The agenda for the Regular Meeting was posted on September 19, 2013, at 4:00 p.m. on the City's website; on September 19, 2013, at 4:00 p.m. on the City Mall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive; and on September 19, 2013, at 4:05 p.m. in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive. The supplemental agenda for the Regular Meeting was posted on September 20, 2013, at 11:60 a.m. on the City's website; on September 20, 2013, at 11:50 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 September 20, 2013, at 12 :00 p.m. in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive. r City Clerk Mayor Volume 61 - Page 303 City of Newport Beach City Council Study Session September 24, 2013 THIS PAGE LEFT BLANK INTENTIONALLY Volume 61 - Page 304