HomeMy WebLinkAbout01 - MinutesAgenda Item No.
October 8, 2013
City Council Minutes
Study Session
September 24, 2013 — 3:30 p.m.
I. ROLL CALL - 3:30 p.m
II. CURRENT BUSINESS
1.
2.
CLARIFICATION OF ITEMS ON THE
Regarding Item 6 (Approval of Maintenance Agi
Member Petros indicated.that he was impresse,
maintenance will be at the highest industry stan
City's judgment. He commended staff for negotii
and wondered if the same terms are.�pplicab:
Deputy General Services Director Pisani -confv
receiving an occasional complaint, and2adiled ^td
systems in its vehicles. Council MemberTetros
to the refuse collection contract if it is going to be
OCTA PRESENTA
Orange County T
Mortazavi reported
the completion-of t
with green,house,gi
He announced a v
iers and studeri_
and noted that,
is entire DroII
documeiit'related to the
completion`inY2019. Mr.
approval of funds for wal
improve services`"and ind
the emerging corridors, ii
call for bike projects aloe,
MEASURE
or Alley Sweeping'Se'rvices), Council
e contract calls out that the level of
it leaves the performance level to the
ng'the terms at extremely competitive rates
to�the roadway street sweeping contract.
A. that the terms are the same, reported
sweeping companies install GPS tracking
ied that theksame level of attention is given
ntatibn Authority (OCTA) Director of Plans and Programs Kin
theIOCTA is currently) evaluating its long -range planning plan with
'14V updatF -He noted increased expectations with respect to dealing
igliter constraints arid/limited space, as well as rules and regulations.
Lop inthe City of Tustin on September 25, 2013 with electorates,
is. Regarding Measure M2, he addressed the basis for their revenue
`by bringing, in outside funding and resources, they will be able to
nt�He reported that they are in the final stages of the environmental
465 Freeway and that the plan is to begin construction by 2015 with
Mortazavi addressed other projects related to Measure M, including
er- quality cleanup in Newport Beach. He reported on their efforts to
icated that they are working on regional bikeway planning in some of
eluding Pacific Coast Highway. He added that OCTA currently has a
streets and applications are due on September 30, 2013.
Mayor Pro Tem Hill expressed appreciation on behalf of the City and the San Joaquin Hills
Transportation Corridor Agency (TCA).
Council Member Petros reported that he chairs the City's Bicycle Master Plan Oversight
Committee, which is in the process of developing a Bicycle Master Plan, and noted that the
Committee has participated in the Supervisorial Districts 1 and 2 Bicycle Collaborative. He
stated that he is encouraged since the PCH Corridor has risen in its level of priority and the
OCTA is engaged in doing a PCH corridor -wide study.
Public Works Director Webb noted that OCTA provided a brochure to the City that lists the
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City of Newport Beach
City Council Study Session
September 24, 2013
projects and funding, as well as the freeway projects. He indicated that the brochure is
available to the public.
Mayor Curry expressed appreciation for the work of the OCTA and its partnership with the
City.
3. MARINERS MILE - PCH STREET CAPACITY DISCUSSION. [100 -20131
Mayor Pro Tem Hill recused himself from this item since he lives within 500 -feet off the
subject area. f
Public Works Director Webb provided background about / est Coast Highway and Mariners
Mile, its service as a major utility corridor, and the high:level,o£ bicycle traffic. He addressee
parking, designation by the State, and the City's rol�"in planning aid maintaining the area. He
presented details of the Orange County Master Plan of Arterial Highways, including the play.
over the years and levels of service. At \�
Council Member Petros commented on therneed to correlate the Circulation Element with the
Land Use Element, and added that in order for /the General Plan to be deemed acceptable
correlation must be shown. Public Works D' ector Webb agreed that, when considering lane
use, the traffic -use circulation must also be considered. He further addressed current ane
future traffic volumes through Mariners Mile, curren City -wide traffic volumes, facility levels
of service, the 2006 General Plan vision, key circulation policies and goals, compares
Mariners Mile and Corona del Mar recommendations, and typical arterial and Mariner's Mile
cross sections. He addressed street parking, - funding) of the improvements, ane
recommendations.
In response to Council Member Gardner's;gii stions, Public Works Director Webb discussed the
width of Pacific Coast Highway at MacArthur Boulevard. He noted that arterial designations
can be changed,,-Rut doing so necessitates \ conducting a traffic study which usually involves
mitigation. He reported that,Coast Highway has always been four lanes on the Master Plan.
Regarding six:lane arterial§- 'he�ejp'lained that the six -lane area of Mariners Mile has a mix o:
uses ane�ia- unique. He \presented other, examples of six -lane arterials through commercia:
districts, including Main Street in the City of Huntington Beach.
Council Member Petro`'s'discusse&standards versus current widths of lanes and medians, ane
aslie&about the possibility of changing the standards. Public Works Director Webb reportee
that, typically, the State's and City's standard is 12 -feet where applicable. He commented or
the process'of changing the standard if the City owned it. Additionally, he commented on access
management ••'and notedj` the desire to combine driveways where possible. He indicated that hs
did not foresee'a change in access unless opportunities are present.
Council Member Selich reported on the length of time the issue has been under consideration
and wondered about innovative measures to manage traffic through the area as opposed tc
widening the road since problems normally occur during peak traffic hours. Traffic Engineer
Brine reported that one of the ideas discussed was the possibility of combining the operation o:
traffic signals at Riverside Avenue and Tustin Avenue. Public Works Director Webb alsc
discussed the possibility of conducting isolated improvements, such as spot widening ane
working with OCTA for developing solutions. He reported that there is a high need for bicycle
lanes through the corridor, as well as the need to address parking.
Council Member Petros stressed the need to be creative and providing certainty relative to the
right -of -way. In response to Council Member Petros' questions, OCTA Director of Plans am
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City of Newport Beach
City Council Study Session
September 24, 2013
Programs Kia Mortazavi discussed the cooperative process if the City were to act to reduce the
number of lanes and emphasized that Caltrans would have to be involved. Public Works
Director Webb added that other affected agencies would also have to support the matter since
there is record that other municipalities are concerned regarding traffic shifting to their cities.
There would need to be agency concurrence before approaching the OCTA and the board to
have facilities downgraded.
Jim Mosher commented on the current traffic volumes and questioned the fluctuations in traffic
and the levels of service depending on the time of year. pal
Ned McCune, Chairman of the Mariners Mile Business
Pacific Coast Highway is rarely congested and traffic usual
Tod Ridgeway expressed his support of the process
in the area. He encouraged maintaining a dialogu
and believed that there are other solutions instead
highway. A ?
Council Member Petros commented on`�w
appropriating necessary funds during the ne:
Citizens Advisory Panel (CAP) process and seek
resolve and address access, lot size;fand the ecor
Council Member Selich agreed
study of the area.
4. LAND USE
20131
s Association, believed that
well.
ih,the need to create balance
st` lowering the service levels,
the area as a six -lane arterial
surrounding the ,issue, suggested
cycle to restart the Mariners Mile
ties to review other land use issues to
ity along Mariners Mile.
and noted the need to do more
USE CHANGES. 1100-
Deputy Commuriify. Development Director Wisneski provided a brief background and discussed
the consideration and review -by, the Land Uae� Element Amendment Advisory Committee.
WoodiefTesch'er;,`The Planning Group, - utilized a PowerPoint presentation to address the
Committee meetings, Land;•, Use Element Amendment objectives, foundation for the
an\ endments; study areas, reduced capacity, no capacity changes, land use changes, modified
capacity, and issues yet�to be resolved. Additionally, he presented next steps, including the
overall schedule. 1�
Council Member Selich reiterated that one of the major unresolved issues is the airport area,
including u creasing housing without generating trips. He referenced the Lyons property,
noting that they�ga;e requesting replacement units. He commented on policy revisions and the
intent to incorporate: appropriate policies from the Lido Marina Village Concept Plan into the
General Plan. V/
Council Member Gardner stated that she feels confident that the Committee can review the
information, analyze traffic impacts, and return to Council with a recommendation for what
should go on the November 2014 ballot. However, she indicated that she is less confident
regarding the Committee being able to complete all the necessary reviews for the airport area
because of the many changes that have occurred there. She requested direction on whether the
Committee should segment out the airport area or move the issue forward.
Mayor Pro Tem Hill stated that he would like to see the airport area move forward at this time.
He discussed on the underutilization of the area and the significant opportunities that exist
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City of Newport Beach
City Council Study Session
September 24, 2013
there. He added that he would like to move forward on a trip - neutral basis. Council Member
Gardner believed that allowing more time to review the airport area may produce a more
coherent view of the matter. Mayor Pro Tem Hill believed that it can be worked through and
noted the need to work with the Orange County Regional Airport Authority. He added that
some of the requests are logical and some are not.
Mayor Pro Tem Hill referenced the northwest corner of the City where there is currently a
substandard apartment complex and requested status of the project. Deputy Community
Development Director Wisneski reported significant challenges, with the property and .
limitations on the amount of residential density that can be placed there. She indicated that
staff provided information to the property owners but has not &ard from them. Mayor Pro
Tem Hill encouraged staff to work with them since that location is an entrance to the City.
Additionally, he expressed surprise that the Monrovia property, is being thought of as a public
facility. Deputy Community Development Director � isnes re or that the property is
currently designated as office use, but is located'�in a residents zone, and is subject to
abatement. She indicated that designating it as a�pubhc facility removes the abatement issue
and, if it will not be used as a public facility,,itican be)re- designate e future through a
General Plan amendment. City Manager /Kaff stated that it can be redesignated through
Council action. ��: / l
Council Member Petros commented on the Harbor,Day School site, noting that they are under a
Conditional Use Permit (CUP) where they cannot allow enrollment to be over 408 students so
that the increase in Floor Area Ratio - `(FAR) does not o hand -in -hand with an increase in
enrollment and would be trip- neutral. e,stated t ere to request an increase in
FAR, it would need to be under a separate CUP Ad_ditionaIIy;,he agreed with Mayor Pro Tem
Hill regarding the Monrovia site and suggested handlw'gpt as an overlay. He indicated that he
does not agree with designating it as a ?public facility at <tlua time due to the Banning Ranch
project as to what may or may not happen there. He suggested leaving it as is with the
supposition that it- 6uld become a public facility.
Council Member Petros reported that there are density bonus provisions in the airport area and
believed that there should -be a> affic threshold that acknowledges the density bonus and
allows capacitylfor, the'2 200 units. -''R rduig policy revisions, he indicated that the City has
�... .,., s.�
been- a�Ieader in thetiQounty�in its efforts to comport with the sustainable community strategies
and'SB 35 provisions. e expressed interest in seeing the traffic effects of the proposals for the
airport area.
concerns with the possibility of not being able to meet the
for
Jim Mosher commented' on provisions of the 2006 General Plan relative to the goal of reducing
traffic. He believed that the project requests are inconsistent with the idea of voting
individually on main• developments and with the vision of reducing traffic and limiting the
potential for commercial office in industrial spaces. He asked why staff is spending tax dollars
looking for growth opportunities
Carol McDermott, representing several property owners in the airport area, reported that they
have taken the objective of achieving traffic neutrality seriously and understands the process.
She listed the projects that are traffic neutral and noted that the Hangar project has a very
small trip increase. She asked that Council direct staff to maintain the proposals in the plan.
In response to Council Member Henn's question, Ms. McDermott explained that the Lyon
project asked for 700 additional replacement units, Deputy Community Development Director
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City of Newport Beach
City Council Study Session
September 24, 2013
Wisneski explained that the request is to increase the replacement units by 700 units which
would replace residential units in place of commercial development.
Patrick Srater, Star Trip Ventures, representing Mr. Saunders, explained his client's intent to
look holistically at the area and add some residential. He noted that the original application
was filed with large zoning goals.
Mayor Curry believed that four of the airport proposals can be easily accommodated and are
workable, but the Saunders project needs to quickly assess aspirations and return with a more
realistic project. He noted that time is of the essence andfencouraged moving forward
accordingly. �
S. ' VISIT NEWPORT BEACH -ANNUAL PRESENTA
Gary Sherwin, President of Newport Beach
Chairperson of the Board of Newport Beach ar
Hotel and Spa. Ms. Snavely thanked Council.-'
%>
introduced members of the Executive Comivtitt
Beach (VNB) is critical to the hospitality industi
organization. She asked that the City extend d..
coincide with the Tourism Business Improvemer
Mr. Sherwin provided a PowerPoint\ftes
August 2013 hotel performance, the Bow
in January, 2014, and economic and medi
TBID Return on Investments, the bra.
organizational priorities; marketing pul;
website, mobile apps, social media, publ
presented details,' cif the organization's
Newport Beach Tb4ce Department has
Beach TV, relationship with -the Balboa'
BID, and reported that thel organization i
one of the -best glades to work in 2013.
Company, introduced Debbie Snavely,
1pany and Gen ral *Manager of Marriott
support of the hospitality industry and
ie noted that the workQof Visit Newport
that the community is well -served by the
insient Occupancy Tax (TOT) contract to
;ict (TBID).
n addressing fiscal year hotel performance, the
pionship Series (BCS) being hosted in the City
cts� 5 He discussed prior year sales comparisons,
m .
raise, the' 3013/2014 anticipated budget, key
is maps and calendars, mobile bookings, the
dons, and international marketing efforts. He
Hospitality Training, noting that the entire
trained. Additionally, he addressed Newport
Merchants Association and the Corona del Mar
ned by the Orange County Business Journal as
ve Committee Member`Dennis O'Neil reported attending Board meetings on a quarterly
as well as Executive iCommittee meetings, and commented positively on the
onalism of Newport Beaci�6d Company. He stated that the organization is in full
nce with all of Ithe rules and regulations that govern non -profit corporations and
ea�his appreciation to Council for his appointment as Council's representative on the
Mayor Curry thanked/Board Members for their work and efforts, and commented positively on
the success of the organization.
Council Member Gardner commented on the benefits of having these types of regular reports so
the public is aware of their efforts.
Mayor Pro Tern Hill expressed his appreciation to the organization in facilitating the revenue
for the City and the community.
Jim Mosher commented positively on VNB staff and on the announcement of a TBID meeting
on the City's website. However, he expressed concern that the Board meetings and business
conducted are never publicly noticed and expressed opposition to the City having any financial
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City of Newport Beach
City Council Study Session
September 24, 2013
III.
involvement with the organization, as well as the concept of branding the City. Additionally, he
expressed concerns with the newly formed Newport Beach and Company and the promotion of
tourism into City, as well as the lack of the organization's transparency.
Robert Hawkins believed that the City should not pay anyone to market John Wayne Airport
(JWA) even after the settlement agreement is finalized.
Danielle Distill commented positively on the efforts of Newport Beach and Company and on the
need to make the City aesthetically pleasing. However, she believed that some areas of the
City, like the Newport Pier, are not as nice. She added that she pp ses implementing six lanes
through Mariners Mile. r
CLOSED SESSION AGENDA
Jim Mosher believed that the agenda should be more
resolved. He commented on labor negotiations and�a�j
workers prior to: consideration of whether to outsqurc
Closed Session item regarding Friday's Court of `App
Ordinance and believed that the matter deserves an ol
Robert Hawkins thanked Co�xncd for adjourning to
Hendrickson.
IV. ADJOURNMENT - 5:58 p.m
�he agenda for the Study,'S\ssion was p
City's website; on Septemberj9, 2013, a
Board located in the entrancetof the City
on September 19, 2013. m
at 4:05f ,p.. in the
the City Council Chambers at 100 0ivic C
City Clerk
ping regarding the issues needing to be
Approval of a labor contract with refuse
rvice. Additionally, `h6 + commented on a
aion regarding the City' ,s Group Homes
candid public discussion
in memory of his friend, Ron
11
So Septerribbr 19, 2013, at 4:00 p.m. on the
p.m. on the City Hall Electronic Bulletin
it Chambers, at 100 Civic Center Drive; and
g Agenda Binder located in the entrance of
Recording Secretary
Mayor
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541-Wyl 01911, NOUN Wo 1W IL
City 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 p.m.
A. CONFERENCE WITH LABOR NEGOTIA
Heading Agency Designated
Cassidy, J.D., Deputy City Man;
Employee Organizations:
Ocean Lifeguards (ANBOU,
Newport Beach Employees
(NBFA): Newport Beach
Management Association (N:
Newport Beach Police As
Association (NB.- and
(NBPTEA) j
B. PUBLIC
C.
54956.9(a)):
54957.6):
Dave Kiff, City Manager and Terri
as Director; Negotiators
Labor Associations: Association of Newport Beach
vport Beach City Employees Association (NBCEA);
ae `(NBEL); Ne4prt Beach Firefighters Association
Management Association (NBFMA); Lifeguard
); Newport Beach Part ime Unit (UPEC, Local 777);
ion (NBPP); Newport Beach Police Management
port., Beach Professional and Technical Association
(Government Code § 54957):
COUNSEL - EXISTING LITIGATION (Government
Paci.'fic Shores Profierties, LLC, et al u City of Newport Beach
Newport Coast Recovery, LLC, et al u City of Newport Beach
United States District Court, Central District Case Nos. CV 08- 00457 -JVS (RNBx) & CV
09- 00701 -`J VX,(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
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City of Newport Beach
City Council Minutes
September 24, 2013
Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Excused: Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Harp announced that there are no reportable
VII. PLEDGE OF ALLEGIANCE -Boy Scouts Rob Caustin and
VIII. INVOCATION - Mr. Frank Carpenter
i►M
West Marine Welcome Proclamation
Mayor Curry invited West Marine Store Mana€
Laura Grillon to the podium and presented
preserving marine habitat, supporting marine
West Marine Cruising fora Cause Charity.Day.
Mr. Beckwith expressed West Marine's'
community to the grand opening of tli
October 3, 2013 through.October 6, 2013
3, 2013, from 6:00 to 9:00 p.m.
FEMA's 2012
Community Ei
Mayor ,Corry- refe\ence
and Matt Brisbois wer.E
Peter Putnam and Assi
Ast tant Fire Chief E
volunteers, and recogr
Champions,,of Change
Mayor's support of the
CERT Communit
for his support of
ris Beckwith and Senior District Manager
with a proclamation for their efforts in
I rofits, and declaring October 3, 2013, as
and invited Council and members of the
it °.ore in 4:a Lido Shopping Center from
nng,f ii ",'a Cause Charity event on October
Community] Preparedness Awards for Outstanding
Team Initiatives and Champions of Change [100 -2013]
cask fromkiie'White House where the City of Newport Beach
for the CERT program. He invited CERT Community Director
_Chief Kitch to the podium for a presentation.
rovided a PowerPoint presentation on the City's CERT program,
of the program by FEMA, as well as winning the White House
d. He addressed volunteer hours of service and the City's and
Peter Putnam presented Mayor Curry with tokens of appreciation
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
UKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM)
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City of Newport Beach
City Council Minutes
September 24, 2013
KM
3CHL
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.
a1
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. �f
Mayor Pro Tem. Hill reported testifying before the Orange Cou�aty I4ansit Authority on behalf of the
Toll Road Authority relative to the potential widening of the 405 FreewayHe 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.) J�
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•t_he Orange C unty Division of the American Institute of
Architects awarded the Civic Center with��the top,award as Being the beat non - residential building
constructed in Orange County. He noted tha,the building also received the Members' Choice Award.
A.
0
1. �MINUTES.FOR THE SEPTEMBER 10, 2013 STUDY SESSION AND REGULAR
frl MEETING. [100- 20�13],Waive reading of subject minutes, approve as amended, and
order filed. y ti 1
2. \LEADING OF ',ORDINANCES. Waive reading in full of all ordinances under
consideration, and direct the City Clerk to read by title only.
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 -20131 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.
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City Council Minutes
September 24, 2013
Council Member Gardner voted NO on this item.
C. RESOLUTION FOR ADOPTION
4. CITY OF NEWPORT BEACH ENERGY ACTION PLAN. [100 -2013] 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. H STREET/EAST BAY AVENUE CONCRETE PAVER ALLEY IMPROVEMENT
(C- 4945). [381100 -2013) Approve Budget Amendment NNo. 14BA -015 recognizing
$75,000.00 contribution from the residents iniiRevenue i� ccount No. 250 -5901 and
Appropriating $75,000.00 to CIP Account /jNo. 7251 -CN 057; and appropriating
$55,240.00 from the unappropriated Gener il"Fund'to CIP Account.No. 7013- C2002057.
6. APPROVAL OF MAINTENANCELAGREEMENT FOR ALLEY� SWEEPING
SERVICES (C- 5600). [381100-20131 A0 a Maintenance Agreement for Alley
Sweeping Services with AGO Industries,IIfic. dba SoCal Property Services of Costa
Mesa, and authorize the Mayor,and City Clerk�tp.execute the agreement.
E. MISCELLANEOUS
7. PLANNING i
Receive and fil
f
Motion by Mayor Pro", C
Calendar; and noting the`ni\
The motion cariby-the
Ayes: COa71Cil Member~(
f Council Member Se
Absenti'Council Member Dz
XIV. ITEMS REMOVED FROb
\y;
XV. PUBLIC COMMENTS OD
SSION
vote by Council
19, 2013. [100 -2013]
to approve the Consent
Gardner on Item 3.
Member Petros, Mayor Pro Tem Hill, Mayor Curry,
ber Henn
- None
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
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City of Newport Beach
City Council Minutes
September 24, 2013
Virginia involving a similar matter.
Scott Ayers 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
XVII.
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 considerAhe preliminary report of the
Urban Land Institute Technical Advisory Panel which analyzed�f alboa Village and provided
recommendations for consideration as it moves forward with the Balboa Village Master Revitalization
r. =r 1 n
Plan. He reported that the report was well- received and the meeting was well- attended. He thanked
Bob Voight for funding this effort for the City.
Additionally, Council Member Henn reported on a (recent meeting of the Tidelands Management
Committee where members of the Citizens Advisory P el were appointed, the Tidelands Capital Plan
and the Harbor Commission 2013/2014 goals were review d, and an update onNtl a 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 pain, to 2:30 p.m. in the Newport Coast
Conference Room to discuss the Coastal'Z&he boundary,'v bluff regulations, and the Draft
Implementation Plan.
Council Member Petros reported attending \1 n Orange nty' 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 Be ch and noted that Coast�Highway has elevated in priority which means that
the planning for bicycle--f acilities through Coast�Highway in a safe and efficient manner will be
undertaken. 4\ P--, `i,
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
coordin4ting the event. He commente`d>on an article in The Current and invited them to attend the
next events
S. COMMUNITYJDEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL
PERFORMANCE,AND EVALUATION REPORT (CAPER) PROGRAM YEAR 2012 -2013
(C4865(A)). [38%100- -2013)
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
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City of Newport Beach
City Council Minutes
September 24, 2013
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. ,,j
Motion by Council Member Gardner, seconded by May' nPro Tom Hill to approve the
Program Year 2012 -2013 CAPER; and c) direct the Cit§,Manager or.his designee to submit the
Program Year 2012 -2013 CAPER to the U.S. Department of Housing -rd Urban Development
(HUD). f �\
j
The motion carried by the following roll call vot J ;
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry,
Council Member Selich, Council Member'Flenn
Absent: Council Member Daigle
9. 2014 -2021 HOUSING ELEMENT UPD'ATF,(PA2012- 109).,, [100 -2013]
Associate Planner Murillo presented thi
including changes since- Council last rep
Inclusionary Housing - Program. He rf
Community Development Department a
Housing Element:t In addition, he
Commission and theaAirport Land Use
direction from Council4. ear "d na2the,Inc
Member
irafvdf --the2014 =2021 Housing Element Update,
the docume' tQ and discussed the removal of the
I recommendations by the State Housing and
incorporation of the recommended items into the
ad recommendations made by the Planning
Lission. He presented next steps and requested
q'y Housing Program.
for suspending the Inclusionary Housing
Cotiiril Member Petrosl noted that the Regional Housing Needs Allocation (RHNA) is a
projectibn of the City'sjaffordable housing needs through 2021. He listed projects approved
since ite�establishmentand stated that he cannot seethe need for the Inclusionary Housing
Program. He,suggestedEXemoving 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 he 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
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September 24, 2013
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, Mayor 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 # Newport Beach Adopting
the 2014 -2021 Housing Element Update (PA2012 -104) to 1) "rfind 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 Chapte`'19.54 of the Newport Beach
Municipal Code (Inclusionary Housing) for adoption t a�".future meeting.
The motion carried by the following roll call vote:,, ~ �
Ayes: . Council Member Gardner, Council Member Pet -ros, Mayor Pro TemtHill, Mayor Curry,
Council Member Selich, Council Me fiber e
Absent: Council Member Daigle
XVIII. CURRENT BUSINESS
10. APPOINTMENT OF ANEW
MEMBER, TO REPRESENT
ASSOCIATION. 1100 -20131
City Clerk Brown provided paper
follows: � it
Grace Dove -
COMMITTEE (BVAC)
BEACH COMMUNITY
the City Council and read the ballot votes as
Selich, Heim, Mayor Curry
City C]erk--Brdwn announced that Grace -Dove has been appointed as the BVAC Member to
represent the Cent lWewport.Beach Community Association.
11. (CONSIDERATION OED 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 -2014
Harbor Resour`c-61Mariager Miller offered to respond to questions from Council regarding the
matter. '
V
.r
Motion by Council Member Gardner, seconded by Mavor 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.
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September 24, 2013
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 Council 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 bee`ii 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 riyo the City Charter.
Council Member Gardner noted that the issue regardin class action lawsuits was the result of
a court ruling regarding adoption of an ordinance. CiO Attorney Harp added, that the League
of California Cities and other experts urged- .cities�to adopt those types of oiai�ances to shield
themselves from class action lawsuits brought a6oai by attorneys trying to generate fees.
Council Member Gardner stated that she has no problem with the indemnity language, but
expressed concern regarding Section �~
City Attorney Harp explained that currently, "those.,with a commercial pier permit need to go
before the Harbor Commission to transfer the peri6oit He_ reported that Section E would allow
transfers between family members without going rbefore Harbor Commission, but would be
handled at an admini is ratite level. Addit on£Ily, the permittee would be required to indemnify
the City on any legal'challenges associatedNVith 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 &desire" the motio`h could beto allow the Harbor Commission to review these
typ",.n - atter as'- €tpreaent y does and add`the indemnification language.
'Discussion followed regarding differences between transfers and new permits, changes allowing
;6,
incei�'amily transfers, the approval process, the various paths for approval, and the appeal
proce R�Assistant City Attorney Torres noted that any interested person can file an appeal and
that, if the use of a pier,&anges or the abutting property changes, it would trigger a review by
the Harbor ^Commission-'[
r,
The substitute L otionrfailed by the following roll call vote:
Ayes: Mayor ProTem Hill, Council Member Selich, Council 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 introduc(
Ordinance No. 2013 -15, An Ordinance.of the City Council of City of Newport Beach Amending
Section 17.60.060 of the Newport Beach Municipal Code to Require Commercial Tidelands User,,
to Defend and Indemnify the City of Newport Beach, and pass to second reading on October 8
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City Council Minutes
September 24, 2013
2013.
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: Council Member Henn
Absent: Council Member Daigle
A
12. JOHN WAYNE AIRPORT (JWA) SETTLEMENT AGREEMENT ENVIRONMENTAL
IMPACT REPORT (EIR) BUDGET AMENDMENT (C- 3424).[38/100 -20131
City Manager Kiff introduced the item and noted that Senior'Planner Alford was available to
respond to questions from Council. %f
Budget Amendment is not subject to the
pursuant to Section 15060(c)(2) of the CEQ,
No. 14BA -014 to increase expenditure approj
Division Budget, Professional & Technical A
Fund unappropriated fund balance.
Jim Mosher reported that the airpoi
that the Agreement may do little in
that it could attain without an Agree
The motion carried by the following roll
Ayes: Council Member Gardner, Cour
Council M: tuber Sglich, Council
Absent: Council Member Daigle
1Am
Mayor Pro Te&Hill to a) find that the
nia' Environmental'�Quality Act (CEQA)
Lines; and b) approve Budget Amendment
'in the City Council's Airport Management
0121 -8080, by $525,696, from the General
� operating well below its capacity and believed
the airpori from attaining the levels of growth
[so expressed concerns with related expenses.
her Petros, Mayor Pro Tern Hill, Mayor Curry,
Henn
XX. ADJOURNMENT - Adj&k.ned`at_8:16 p.m. in memory of Ron Hendrickson and Ray
The agendafor the Regular,SMeeting was posted on September 19, 2013, at 4:00 p.m. on the
City's website;-on September 19, 2013, at 4:00 p.rrL on the City Hall Electronic Bulletin
Board located ngthe 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 11:50 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.
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September 24, 2013
Cit
Recording Secretary
Mayor
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