HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1
November 12, 2013
CITY OF NEWPORT BEACH
City Council Minutes
Special Meeting
October 22, 2013 — 5:00 p.m.
I. ROLL CALL - 5:00 ».m.
II.
Present: Council Member Gardner, Council Member Petros,
Selich, Council Member Henn, Council Member Daig.
Absent: Mayor Curry
Jim Mosher believed that it is appropriate to inform till
suggested that Council develop a policy relative to when
In response to Council Member Gardner's c
its last special meeting about a year ago. Coi
has not abused the need for special meetings.
City Attorney Harp reported that the City
litigation filed by MORN et al. , " y of D
agenda (Item 3.A.1).
III. CLOSED SESSION -
A. CONFE
(Goverr
1 �
The City Cou
Mayor Curry.
et al. u. City Newport
County Supe r Court
City Attorney Harp
IV. ADJOURNMENT - 5:24 p.m
Hill, Council Member
about what is new aboul"he case and
meetings should be called.
City Attoiy Harp reported that Council held
Lber Gardner ressed the opinion that the City
will djau o Clsoed session to discuss the
:e et al. as t forth in the Special Meeting
LITIGATION
i, et al.
No. 30- 2011 - 00447004 -CU -W M -CJ C
5:24 p.m, with all members of Council present, except for
that there were no reportable actions taken.
The agenda for the Special Meeting was posted on October 21, 2013, at 10:20 a.m. on the
City's website; on October 21, 2013, at 10:20 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
October 21, 2013, at 10:00 a.m. in the Meeting Agenda Binder located in the entrance of the
City Council Chambers at 100 Civic Center Drive.
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City of Newport Beach
City Council Special Meeting Minutes
October 22, 2013
City
Recording Secretary
Volume 61- Page $21
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
October 22, 2013 — 5:30 p.m.
I. STUDY SESSION - Cancelled
11. ROLL CALL - 5:30 p.m.
III.
Present: Council Member Gardner, Council Member Pe Mayor Pro _ Hill, Council Member
Selich, Council Member Henn, Council Memb aigl,.
Absent: Mayor Curry
Jim Mosher commented on the perform%ce evaluation df a City Attorney and the unspecified
anticipated litigation listed under Closed He asserte at substandard performance by the
::
City Attorney could lead to additional litig 6' eoted on' ,�vv it affects the conduct of Council
Members relative to the Finance Commit a an a, Tidel!hk.. lanagement Committee, and
expressed concerns relative to the Brown Act. Ile stated, P A..gryori should be on the same page as
to the interpretation of laws,, mented on tract*, of oth ties, and believed that the City
Attorney's opinion should bo fi n and hoped Qrlcil would consider that in its evaluation of the
City Attorney's performa.�'
a' .
City Attorney Harp stat�hat tie Brown Act pro jbits a legislative body from meeting outside of a
noticed meeting. He repo ' t Mosher dtgreed with editorials written by two Council
Members so hey " ale asking ' • Committee to cease and desist from that action
to which the manes Coiittee ,bonded that ey would do so. In addition, he indicated that he
respond%" twice to Mr. Mo ` is co ' rns but that in general, nothing is ever done to Mr. Mosher's
aatisf „, n. City Attorney p note at the Finance Committee has fulfilled its obligations and
v
initiatin cation is Mr. Mos is urero 'tive.
Council Mem*Xetros stated hat the matter of outsourcing trash services was a question before
Council as a who hat the Fance Committee had considered other matters related to investment
policies and such atib *most ry"cent meeting. He noted that the legislative action to be taken on trash
outsourcing relating tb?emments made by two Council Members was an action for all seven
Council Members. He asW City Attorney Harp to comment on a violation of the Finance Committee
when the action was before the whole Council.
City Attorney Harp agreed that the decision to be made was before the entire City Council. He
indicated that the Brown Act provides a mechanism whereby immunity can be had from any type of
legal action without admitting fault and agreeing to not do the challenged conduct anymore. He
stated that he advised the Finance Committee that this is not worth spending the time to challenge
and so they issued a letter that the behavior will cease.
Council Member Petros noted that the intent of the Council Members' editorials was to provide
public forum to describe their thoughts on this matter, thereby offering increased transparency.
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City Attorney Harp reported that Council will recess into Closed Session at this time to discuss those
items listed under Closed Session in the agenda and listed the same.
IV. CLOSED SESSION - 5:88 p.m.
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6):
Heading Agency Designated Representatives: Dave Kift, %City Manager and Terri
Cassidy, Deputy City Manager; Negotiators
Employee Organizations: All Labor Asso(
Ocean Lifeguards (ANBOL); Newport Beach
Newport Beach Employees League (LABEL);
(NBFA); Newport Beach Fire Manage
BLMA);
Management Association (N New)o.
Beach Police Management Association =
Technical Association (NBPTEA); ar 'tart -1
Beach (PTEANB). -&:E'
B. PUBLIC EMPLOYEE PERFOP
Title: Aaron C. Harp, City
C. CONFERENCE WITH LEGAL
Code § 64956.9(d)(2) i 549E
S4s
D. CONFERENCE? TH AL
54956.8): 1 matter
03 tree
Y�gency nego tor: ve
Negotiating pp ies:
Group
rider Negotiate Inat:
V. RECESS.,
VI. RECONVENED AT 7E P, FOR R]
zm
VII. ROLL CALL
nsjWsociation of Newport Beach
a<.
mpea Association (NBCEA);
>ort Bea Firefighters Association
Associatioff,& (NBFMA); Lifeguard
Police Assoc n (NBPA); Newport
Newport Bea rofessional and
Employees Associ pp of Newport
(Government Code § 54957):
(Government
NEGOTIATORS (Government Code §
Kiff, City Manager
7e Mills, Real Estate Manager partner, DART Development
to Agency negotiator on price and terms of payment.
Present: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Council Member
Selich, Council Member Henn, Council Member Daigle
Absent: Mayor Curry
VIII. CLOSED SESSION REPORT
City Attorney Harp reported that, regarding Closed Session Agenda Item 4.1), Council Member Henn
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October 22, 2013
recused himself from that item.
IX. PLEDGE OF ALLEGIANCE - Council Member Henn
X. INVOCATION - Pastor Don McClure
XI. PRESENTATION
Southern California Edison (SCE) Energy Leader Partnership Suter Plaque Presentation
to the City of Newport Beach _J0
Jenelle Godges, Southern California Edison (SCE) repre ativesented the Energy Leader
Partnership Silver Plaque Award to Mayor Pro Tem ' who accep'I it on behalf of the City.
Mayor Pro Tem Hill acknowledged the work of Cityjoff in earning th ard.
XII. NOTICE TO THE PUBLIC
XIII.
Council Member Daigle commented on efl
Agreement and reported there was a recent,
(NOP). She commented on the number of pe
community remains engaged. She noted tl
regarding the Environmental act Report
nop @ocair.com. She addedliat t Aviation C
Council Member Gardn , announged that the
will be held on October 2013 It will be
visiting local „}lasted d
I the Wayne Airport (J'WA) Settlement
Leeting to, ress the Notice of Preparation
zrded the eeting and reported that the
' p he can voice their concerns
.1 Octobb L, 2013, by sending comments to
meets on October 28, 2013.
del Mar Halloween Costume Ride for Bicyclists
ng the Civic Center at 10:00 a.m. and will be
information can be obtained at
Council ember Petros rep" d reenting the City at an Orange County Health Alliance Active
Trans tion Conference icated `',promoting active transportation, such as walking and
bicycling, ughout the Co 'ty. He commented on participating organizations and individuals
interested in'lking and bicy 'ng as a means of transportation. He highlighted activities in which
the City is enga to promote rchng.
,&
XIV. PUBLIC COMME ON cbNSENT CALENDAR
sa
Regarding Item 8 (Professional Services Agreement with AMEC for Preparation of Facilities
Management and Master Plan Services), Mr. Mosher believed that the work should be performed by
City staff and failed to understand why the function is not already built into the City's administration.
XV. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
1. MINUTES FOR THE OCTOBER 8, 2013 STUDY SESSION AND REGULAR
MEETING. 1100 -20131 Waive reading of subject minutes, approve as amended, and
order filed.
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2. . READING OF ORDINANCES. Waive reading in full of all ordinances under
consideration, and direct the City Clerk to read by title only.
B. RESOLUTION FOR ADOPTION
3. RESOLUTION OF INTENTION TO ESTABLISH A PENALTY AMNESTY
PROGRAM TO FORGIVE BUSINESSES THAT PAY CgRTAIN DELINQUENT
ASSESSMENTS FOR THE CORONA DEL MAR BU ESS IMPROVEMENT
DISTRICT FROM LIABILITY FOR PENALTIES. [ 20 31 a) Adopt Resolution
2013 -71, A Resolution of Intention of the City of Newpor each Declaring its Intention to
Establish a Penalty Amnesty Program to Forgive BU0119esAw that Pay Certain Delinquent
Assessments for the Corona del Mar Business I roveme istrict from Liability for
Penalties; and b) set the public hearing date forovember 121, 3.
C. CONTRACTS AND AGREEMENTS,
4. MARINA PARK PROJECT - SITE LITION AND TREE RELOCATION
(BID PACKAGE 1) - AWARD OF CO ACT NO. 3897(A). [381100 -2013] a)
Approve the project drawings d specifications award Contract No. 3897(A) (Marina
Park Project - Demolition a e RElocati( ri Unlimited Environmental, Inc. of
Signal Hill, California, for the'%j9 price of $ 130.00 and authorize the Mayor
and City Clerk to execute the 6pntract & c) eAs. a contingency of $60,370.00
(15 %) to cover the cost of unforeseen work.X
5. -E
5. PROFESSIO; RVICES AG_ , MENT WITH GMU GEOTECHNICAL, INC.
FOR MA _ A PA K SPECIAL INSPECTION AND MATERIAL TESTING
SERVIC C-3897 [381100 -2013 Continue the item to the November 12, 2013 City
Council meets
6. a'p N HNOLOG�NSULTING SERVICES WITH SYNOPTEK,
O'INC. - AhliftMEI S 0 ONE (C-5267). [38110 -20131 Continue the item to the
November 12, 2 cam? City oil meeting.
8. VOFESSIONA
OPr ACILITIE!
[38/ 20131 a)
Manag i�gnt and
Mayor an t
execute an e
D. MISCELLANEOUS
SERVICES AGREEMENT WITH AMEC FOR PREPARATION
MANAGEMENT AND MASTER PLAN SERVICES (C- 5629).
pprove a Professional Services Agreement with AMEC for Facilities
"Master Plan Services not to exceed $133,480.00, and authorize the
Ierk to execute the Agreement; and b) authorize the City Manager to
ments necessary to implement the Professional Services Agreement.
9. PLANNING COMMISSION AGENDA FOR OCTOBER 17, 2013. [100 -2013]
Receive and file.
10. WOODY S WHARF USE PERMIT APPEAL - 2318 NEWPORT BOULEVARD -USE
PERMIT NO. UP2011 -010 -VARIANCE NO. VA2013 -006 (PA2011 -055). 1100 -20131
Continue the item to November 12, 2013, to allow additional time to finalize the draft
resolution per the Council's discussion and direction provided on October 8, 2013. Mayor
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Pro Tern Hill recused himself since he owns property within 500' of the subject
property.
12. CODE AMENDMENT INITIATION FOR PROPERTIES LOCATED AT 2022, 2026,
2032, 2034, 2038 AND 2042 MIRAMAR DRIVE (PA2013 -211). [100 -2013] Initiate
an amendment to Setback Map No. S -2G of the Zoning Code changing the required rear
alley setback from 6 feet to zero feet, consistent with the standard rear alley setback for
other properties in the City when located adjacent to a 20- foot -wide alley.
13. CITY HALL AND LIMITED OFF -SITE HOLIDAY 1 USURE (BEGINNING AT
NOON ON DECEMBER 24,201S, THROUGH JAN, = RY 1, 2014) (C -2059; C -2065,
C -2060, C -2051, C -3362 AND C- 2946). [38/100-2. rove closing City Hall and
provide limited City services at off -site foci', s begs gat noon on Tuesday,
December 24, 2013, through and including Ne,! Year's Day, nuary 1, 2014, resuming
normal services Thursday, January 2, 201 The proposed Citq�NARclosure does not
apply to public safety or other essential xnctio that provide y operational
services. } _0
"
14. ACCEPTANCE OF FUNDS FROM THIFORNIA BOARD OF STATE AND
COMMUNITY 'CORRECTINS. [100 -20 a) Approve Budget Amendment No.
14BA -017 to accept $47,042' � rom the Cali is Board of State and Community
Corrections (BSCC) and depo""i`k,.Revenue A t No. 1720 -486F for the Police
Department; and b) appropriat $20, to the rtising Account No. 1810 -8010
and appropriate the remaining 67,042.65 G PatrOvertime, Safety Account No.
1830 -7041, v
is
15. DIRECTIO O ST FF ON ON F$ SUE. [100 -2013] Direct the City staff to return
with a st report bout a process$ito follow, to open portions or all of the Lower
Castaways pie# site J�r public recreate al use as a longer -term plan is being developed.
Motion b 'y be elic Av Council Member Petros to approve the
Consent Cpl ffidar, excep ite ` emoved (7 & 11); and noting the continuance of Items 5 and 6,
and the by Mayor PiTa.. em) on Item 10.
jki`��
The moti6ftprried by the folloting roll vote:
Ayes: Coundik ember Garder, Council Member Petros, Mayor Pro Tern Hill, Council Member
Selich, L cil Membe f Henn, Council Member Daigle
Absent: Mayor C
XVI. ITEMS REMOVED FR-THE CONSENT CALENDAR
7. APPROVAL OF A NEW LEASE FOR THE BALBOA BAY RESORT (C -519). [381100-
2013]
Mayor Pro Tern Hill recused himself from this item since he owns property within 500
feet of the subject matter.
Council Member Henn announced that the Balboa Bay Resort would like to make a
presentation.
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11.
City Clerk Brown stated that pursuant to Council Policy A -10, Council would need to elect a
temporary presiding officer if there are objections to Council Member Selich presiding over the
matter.
There was no objection to Council Member Selich presiding over the matter.
Dieter Hissin, General Manager of the Balboa Bay Resort, provided a PowerPoint presentation
to address improvements put in place by the new owners, including changes on the Pacific
Coast Highway side, improvements to the Members Building, Terrace Apartment
improvements, projects currently underway, projects to be stark"' at the end of 2013, and
projects to be started sometime in 2014-
In response to Council Member Gardner's questions, Mr.;;Id ssiii�orted that there will be no
changes in public access. Assistant to the City Ma nar Houstomxeported that the contract
changes included held over items from the 2009 1 se, extension oi'a� 3 years, the valuation,
updated or minor changes in insurance terms. He�idicated that he cou rovide Council with
a redlined agreement. 'a >,
Council Members Gardner and Petros
the Mayor to sign the new lease f+
percentage rent, and extension rent
Newport Beach Municipal Code, City
The motion carried by the following roll
Ayes: Council
Member Henn, Cc
Absent: Mayor i
Recused: Mayor I
Member Ga
mittee on
sion's goals
some have'��;tolved into
the long -ter ilNgvelfare
welcoming desfi`%Jt ion.
each. He thankedy
guidance.
Daigle
steftA line version be provided. `-W
nded lift council Member Gardner to authorize
Balboa BaS,Resort, and find that the base rent,
eflective of f p.market value, as required by the
1y�F -7, and:e Beacon Bay Bill, as amended.
`sect*.
vote: a ...A
Petros, Council Member Selich, Council
FOR FY 2013 -14. [100 -2013]
ntro ed Doug West, Harbor Commission Member and Chair of the
and "jectives. Commissioner West presented the Harbor
) bjectives for FY 2013 -14 which was reviewed by the Tidelands
He highlighted the progress of last year's objectives and noted that
v objectives. He addressed the overarching goals, including ensuring
the Harbor and promoting Newport Harbor as a preferred and
listed specific objectives under each goal and provided an update for
her Division staff and Council Member Gardner for her support and
Council Member Selich commented on Harbor speed limits and noted that jurisdiction of the
Harbor Code lies with the California Department of Boating and Waterways, which was folded
into the Department of Recreation and has oversight to make changes in Harbor regulations at
a local level.
Council Members Henn and Daigle thanked the Harbor Commission for their work.
In response to Council Member Daigle's question regarding studies related to the economic
impacts of the Harbor on the community, Commissioner West reported that it is significant but
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has no numbers detailing this
Motion by Council Member Henn, seconded by Council Member Selich to approve the
Harbor Commission's FY 2013 -14 Objectives.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Council
Member Selich, Council Member Henn, Council Member Daigle
Absent: Mayor Curry'
XVII, PUBLIC COMMENTS ON NON AGENDA ITEMS
Jim Mosher indicated that he expected to see the Quarterly }siness ftort (QBR) on the agenda.
He believed that it would be useful for Council and the puM18 to receive r" War updates on how the
City's money is being spent and the status of projects. Madded that no rep�s have been provided
for the last five months and suggested that Council proui'tie guince to staff on L;
Holly Jarvis commented on the Santa Ana Heigh S= adallnprevenient project as p' of the utility
undergrounding project and wondered why only par ' the road is being widened.'Public Works
Director Webb reported that all of Mesa Drive will be wised and offered to meet with Ms. Jarvis to
discuss the matter further.
XVIII.
Council Member Gardner reported attending the commy yva t #.ch"1•elative to blackball issues and
noted that excellent suggestion re provided.
Council Member Petros:eported';hat the Ballry Village Advisory Committee (BVAC) received a
presentation by the paslzug consiltant and a report on a residential parking permit program. He
indicated that the Committee agrto move the proram forward for consideration within the overall
Balboa Village area`
Council N e3tYfiier Daigle ati�ded`%c recent Airport Land Use Commission meeting and announced
that thuoNizen's Aviation di3a}imitte0 11 meet on October 28, 2013, at 8:00 a.m. to discuss the Notice
of Preps pion (NOP) as it pe ins to ft jronmental documents for the John Wayne Airport (JWA)
Council Member" ,', enn reporte(F on a Finance Committee meeting held on October 15, 2013, where a
letter was revieweMand signed relative to immunizing the City with regards to Brown Act issues
brought up by Mr. MAYr. J'
Council Member Selich imounced that the General Plan /Local Coastal Plan Implementation
Committee will meet on October 23, 2013, from 12:30 p.m. to 2:30 p.m. in the Corona del Mar
Conference Room. He reported that Coastal Commission staff will be in attendance and a review of
the work done so far will be provided.
XIX. PUBLIC HEARINGS
16. APPROVAL OF MASTER FEE SCHEDULE (COST OF SERVICES PORTION) AND
CHANGE IN SUBSIDIES. [100 -2013]
In response to Council questions, Deputy Finance Director Montano reported that the staff
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report describes the methodology used in determining the cost allocation plan and discusses
Mayor Pro Tem Hill's question at the last meeting regarding direct and indirect costs. He
confirmed that the City is trying to recover administrative costs through fees to an extent that
the fee in question derives a portion of the work effort.
Council Member Daigle believed that, when the City has $120 million in unrestricted reserves,
it does not need to raise fees.
Council Member Henn pointed out that some fees were reduced.
Montano reported that 55% of the fire fees were either eliminated=
being increased by the Consumer Price Index (CPI).
Mayor Pro Tem Hill opened the public hearing.
Jim Mosher referenced the Resolution and
unchanged. He discussed the fire fees being
unclear. He addressed the Ordinance relative
it. ri::s
Hearing no further testimony, Mayor Pro
Resolution No. 2013 -72, AResolutior`ei
the City's Master Schedule of Fees C
services fees (highlighted within the
introduce Ordinance No. 2013 -18, An
Beach Amending Sectio , '136.030 of t
reading on Novembex: 13; and c)
City Council of the.''ity of k$rewport BEE
5.04.210 and 12A&040 to ro'er to the a,
12, 2013.
The
A the non`:
or combined
eputy Finance Director
reduced and others are
for service that are
Fbeheved that this is
€ble and changes to
closed the public
�d 6' 4, ouncil Member Selich to a) adopt
ouncifthe City of Newport Beach Amending
red for V*r,,� Services, approving the cost -of-
;�,.Schedulkllas recommended by staff, b)
x.' r
T � amity Vouncil of the City of Newport
t BeacPA&icipal Code, and pass to second
Ordinance No. 2013 -19, An Ordinance of the
ling Newport Beach Municipal Code Sections
fees, and pass to second reading on November
Council Melt) r Gam er, Council Member Petros, Mayor Pro Tem Hill, Council
Member Selicl rcounci7% Henn
r
Council Membertaigle
Mayor Curry
17. CODE Aft")
NDMENI NO. 'CA2013 -005 FOR THE RESIDENTIAL EQUESTRIAN
DISTRICT O.THE,ANTA ANA HEIGHTS SPECIFIC PLAN (PA2013 -114). [100-
20131 - %kN1 w AP
Community Development Director Brandt presented details of the draft Ordinance, noting it is
an amendment to the City's Zoning regulations related to Santa Ana Heights. She addressed
location, details of the Ordinance, land use designators and review by appropriate agencies.
She reported that the proposed amendment is related to a use permit and is not a license
requirement. She pointed out that the City has no licensing requirements for the keeping of
horses.
In response to Mayor Pro Tem Hill's questions, Community Development Director Brandt
reported that the Ordinance does not weaken the City's ability to enforce or maintain
requirements in terms of the number of horses or the size of the property in relationship to the
number of horses allowed on any individual lot; and noted that the City-has several property
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October 22, 2013
maintenance standards that would remain in effect. She confirmed that Council gave direction
in April 2010 to proceed.with the amendment process, but staff did not follow through with the
matter. She reported that the County reviewed this issue and provided consent for the City to
proceed with the amendment.
Mayor Pro Tem Hill opened the public hearing.
Justin Cox asked about the amount of staff time exerted on this amendment versus issues with
horses. He listed issues experienced by a resident and believed tha eople with three or more
horses should be required to have a use permit so there is a me nism to inform the City of
the number of horses on a property that is being used commerci,41y. He reported that the City
has issued business licenses in a residential neighborhood a rovided examples of businesses
operating in the area.
Community Development Director Brandt reporte�b
Enforcement cases where staff is monitoring the 44th
residential property. She stated that the ell ration c
affect the City's ability to enforce whether not }55
commercial purposes. She reported that sta irk
City's Codes are being complied with.
gkr
City Manager Kiff noted that a buai license is not
He added that Code Enforcement wet sked with
is legitimate.t,,,:.
at there ar0%,wrently two open Code
hies related tXcept� mercial use of
'the use permement does not
'ses are being recreationa l or
with Mr. Cox and ensurthat all of the
y�r story, but is solely revenue - raising.
rmining whether or not a business
Tom Guy reported that he has horses on�iia prop `s a�5` en the property was under County
jurisdiction, he obtains 0 ermit. He b ' Yev. ^that the re irement was burdensome, and it
accomplishes very l e, anj non- complia issues will be corrected by adjacent land owners
who complain to City.
Alvin Cox expressedfirpncets with lack of nforcement and asked why an Environmental
Impact Re IR) is'= C�eitxg `.` gd. Ibelieved that there has been an increase in the
horse i at hat it is dental if not closely regulated. He took issue with
ills oarding of h "U s an I ted that no private parties currently have licenses.
welopm Direct:. Brandt reported that the maximum number of horses
the Resi :. tial Equtlstrian (REQ) District is six.
In respon o Council Member Daigle's comment regarding goats and chickens, Community
De en ector Berndt stated that the issue at this time is limited to horses.
-Nancy Cox questi'8opr the reasons behind the need to remove the permit process, adding that
there have been neibors trying to engage Code Enforcement for years without response.
Richard Lehn expressed concern with elimination of the permit and commented on the lack of
Code Enforcement. He complained of raw sewage down the street, commercial use of horses,
and dust; and asked what legal recourse residents have to resolve the matter. He distributed
copies of a letter and photos illustrating non - compliance.
Holly Jarvis noted that the previous speakers were talking about one property. She reported
that Code Enforcement addressed the issue of the person having more than six horses and
stated that there is no process currently in place for obtaining a permit. She added that there
are fewer horses now than there were 20 years ago, and that, while there are some issues, most
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are isolated issues.
In response to Mayor Pro Tem Hill's question, Community Development Director Brandt
emphasized that the elimination of the use permit does not delete any of the City's property
maintenance standards, does not change the number of horses allowed on a particular property
in relationship to the size of the property, and the City has the ability to enforce those Codes
and levy fines where appropriate, and the City does so when situations are merited. If
properties are not brought into compliance, the City has the ability to go through the public
nuisance abatement proceedings. She added that there are two op Code Enforcement cases
in the area and both have had ongoing compliance issues. �'
Hearing no further testimony, Mayor Pro Tem Hill closthe public hearing.
Ordinance No. 2013 -21, An Ordinance of the City
Zoning Code Amendment No. CA2013 -005 Amer
District: SP -7 (REQ) Removing Annual Use Pqc
the REQ (Residential Equestrian) District of,,
District (PA2013 -114), 1) finding that this
Environmental Quality Act ( "CEQA ') pursuant
result in a direct, or reasonably foreseeable indi
SP -7
15060(c)(3) (the activity is not a pr*Ct as defined
California Code of Regulations, Title: apter 3,
physical change to the environment, ee " ind,
No. CA2013.005; and pass to second ruling oni
gouncir- tuber Henn to introduce
of the City Q "wport Beach Adopting
Sections
a 20.90.60 sident"I Equestrian
Keeping of a to Six Horses in
Ana Heights s is Plan) Zoning
it is not subject ' "1the California
15060(c)(2) (the activity will not
1 change in the environment) and
n 15378) of the CEQA Guidelines,
it has no potential for resulting in
Od 2) approving Code Amendment
The motion carried by th%llowing roll c 1 vote :z3
Ayes: Council M..., ber Cirdner, Coun Member Petros, Mayor Pro Tem Hill, Council
Member lich, Cocil Member n, Council Member Daigle
Absent: Mayor CuYY;
18. ANNUAL 4. W - ;70— MMENTATION AND PUBLIC BENEFIT
AGR,rt3ER SOj% LIVING THE SEA, INC. (PA2010 -160) (C -4145) - 505
297 STREET, 1&44TE TREET UNITS A AND B (CLOSED), 5004 NEPTUNE
(NUE UNITS A B�1 RIVER AVENUE UNIT B, 3980 SEASHORE DRIVE
S ED), 4711 AND 711 /a�SHORE DRIVE, 4800 SEASHORE DRIVE UNITS A
ANDS ,6111 SEASHO DR 6110 W. OCEAN FRONT, 4138 PATRICE ROAD, 2809
VILL.AY, AND 2800 AFAYETTE AVENUE. [38/100 -2013)
Community 1394@lopme#L Director Brandt provided a staff report, noting that this is the fourth
annual review rire, by the terms of the Development Agreement. She addressed the total
number of facilitie sing operated by Sober Living by the Sea, client beds, requirement for
submittal of a compliance report, inspections by Code Enforcement, actions to be taken by
Council, and recommendations. She added that one correspondence has been received from Mr.
Lee Gittleman who expressed concern about secondhand smoke from one of the facilities and
that Sober Living by the Sea has developed an action plan to resolve the matter.
In response to Council Member Gardner's question, Community Development Director Brandt
reported that the action plan involves converting the garage to a smoking area as long as the
garage can still be used for vehicle storage.
Mayor Pro Tem Hill opened the public hearing. Hearing no testimony, he closed the
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October 22, 2013
public hearing.
Motion by Council Member Henn, seconded by Council Member Petros to a) find this
review exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section
15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because this review enforces an entitlement for use adopted
by the City and has no potential to have a significant effect on the environment; b) find that
Sober Living by the Sea has demonstrated good faith compliance with the terms of the Zoning
Implementation and Benefit Agreement; and c) receive and file dociyents submitted by Sober
Living by the Sea to demonstrate good faith compliance W4#`the terms of the Zoning
Implementation and Public Benefit Agreement,
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council N
Member Selich, Council Member Henn,
Absent: Mayor Curry
XX. CURRENT BUSINESS
19. PARKING RESTRICTIONS - CORONA DEL
City Manager Kiff noted that Coun'
properties. He recommended discuss]
Member Daigle recusing herself, but p
a future meeting when Council Mem
Domingo Drive and Aut g`'� -' ay are d
Council Meml
500 feet of the
Tem Hill, Council
Member
SCHOOL AREA. [100 -2013]
Daigle "�'1�yes within 500 feet of one of the
x as it rei es to Aralia Street with Council
Na -�%g
a Dolo Drive and Amigos Way until
ri pa" te. He noted that conditions on
those on i alia Street.
this item since she owns property within
Traffic El1 '
�t�t�ea^n�^Brme ` "' ed`' >'�t,a re��t to discuss the history of the issue, Impacted
areas ,�,rv�i &'Cd 64`a6. del High Scho ,'`'rior meetings with the high school principals and
mem ers of the Scho` Istrl meetings with nearby homeowner associations, and discussions
al'possible actions be sch' ''k >to better utilize the parking lot. He addressed the high school
r`" .impacted streets, Servatiot%s, and details of two options for consideration. He further
discusd permit fees. e
Traffic E i&eer Brine eviewed Option 1 and indicated that placing time limits would
eliminate stutil]at parkin issues and take out the potential for administrative problems.
Council Member Pftol reported that in a recent meeting, he commented about a meeting with
representatives of the School District and encouraged staff to develop a solution for the
problem. He stressed that in no way was he directing staff or asking Council colleagues to
undertake anything on his behalf or invoking Council Policy A -6. He added that it was a global
encouragement and suggested that as a result of the meeting, the School District
Superintendent, Vice Superintendent, members of City staff and others probably suggested that
there was an opportunity for the City to collaborate with the School District at this time. He
stated that his involvement was a direct result of contacts he has had at Corona del Mar and
Newport Harbor High Schools. He reiterated that the school principals and representative of
the School District have acknowledged that there is a problem, accept their responsibilities for
the issues, and agree that this is an issue that needs to be addressed by both the School District
and City. He noted that there is more than enough supply in the school's pool lot to
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City Council Minutes
October 22, 2013
accommodate those currently parking on the street.
Council Member Gardner stated that businesses are not required to provide all the parking for
their clients /customers and expressed concerns with both options. She indicated that she would
like to see the City cover more of its costs through the permit fee and noted that residents
should park in their own garages.
Tara Reilly -Tung thanked Council Member Petros and staff and stated that Option 1 is not a
good option and believed it would create more problems than it . ";ill solve. She expressed
support for Option 2 and stressed that, currently, during schooura there is no parking
available on the street. She believed that home values haveecreased because of parking
issues and addressed public safety concerns. She indicated ` t homes should not be lumped
with nearby apartments.
Council Member Gardner stated that permits would,*, for residentsd that guests would be
impacted.`
Council Member Petros commented on his
that they give their permits to guests.
Phil Milner commended Traffic Engineer Brine
for moving forward on this matter, n'`, reported
cannot do in the school parking lot. that
An Aralia Street resident quoted from The Newt
parking limitations and stated that residents on
on the impacts the stud., "roave on the rideryt
Council Member
limit.
ngrmit experience on Lane, noting
14he Corona del Mar High School principal
thatdents do things off campus that they
the 341' 'dents affected prefer Option 2.
I Code regarding one -hour
Option 2. She commented
that Neort Harbor High School has a two -hour parking
Chuck Fry , d Co'' a x addx0sing the matter and reported that the students
park oxty�Ls ecau `they are un o get out of the school parking lot during lunch.
Addonally, he poird out student drivers are unable to carpool. He expressed support
fption 2 and believd it isportant to encourage the schools to come up with solutions,
s rewarding carpo@ing, waT}g or bicycling.
Denise mb stated th "b the traffic, noise, trash, arrogance, and verbal abuse has been
unbearable;, noted th they need peace in the neighborhood.
I d
Robert Kenney Nuest d that signs be extended to cover the cul -de -sac and expressed support
for Option 2. ,. F
s
Gail Slaughter expressed support for Option 2 and requested that the area be extended to
Arbutus.
In response to Council questions regarding setting the boundary, Traffic Engineer Brine
indicated that the suggestion regarding the cul -de -sac makes sense. He reported that staff
focused on Aralia Street since it is the shortest and quickest way to the school.
Council Member Petros noted that the school has ample parking spaces in the lot for the
number of cars that would park on Aralia Street, and that assigning numbered spaces to the lot
and providing two lunch periods will do a lot to remedy the situation. He added that the City
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City of Newport Beach
City Council Minutes
October 22, 2013
will be able to evaluate the success of the program within a year.
In response to the President of the Eastbluff Apartment Owners Association's question, City
Manager Kiff reported that Council will consider his area in three weeks.
Jan Hargraves expressed support for Option 2 and expressed concerns with cars blocking her
driveway. She stated that the street sweeper just drives down the middle of the street because
there is no opportunity to clean the curb.
Dale Rinchon reported that he wrote the initial letter to move the Wetter forward. He indicated
that he lives on the corner of Alba Street and Araha Street, and�oted that his house is used as
a loading zone. He thanked Council and staff for addressing,py$ matter.
David Wood reported that the Newport Beach Pe£trce Depaiient dispatches Parking
Enforcement Officers and that usually it is left to tl8t' officer's judgent as to whether or not
the resident can get out of his driveway. He concerns Ch safety and street
sweeping, and noted that student behavior is not >monitc%ied on Aralia Stre,,He reported that
parking is available around the field and trFt#Tc area, expressed support having permit
fees. "dry° . a^
In response to Council Member Selich's question,`affic Engineer Brine indicated that staff
has been working with a represen , aye of the Ara 1'i ,Street residents and that they have
indicated they have spoke to all resii t n Aralia Str2e ,Council Member Selich expressed
concerns with adopting an ordinanc 'wit fio :.a�Qtifymg property owner that may be
affected by it.
Tara Reilly -Tung stat ,%at she did nbt indicate that s contacted every homeowner on
Aralia Street, but tkat during the summ en the City asked that she conduct a survey,
residents were Yiailed d flyers we distributed. Since then there has been no
communication.;,.F
In response;;,.t,i,�Councr'• riestidYtxY,?,r' is F�, gineer Brine reported that a permit parking
progr4grPR69 nb en at ted since '1 "` He indicated that all the homeowners will be
notild2d before the `ap,�tion`�'�the Ordinance. He further listed the requirements under the
Iylaxnicipal Code relativ�+;,to the'�iinber of permits allowed per resident and the fees involved in
l;}?g permits. He a "ruled thaf 2rmanent permits .cannot be transferred but that guest
perii�'q can. Council M'�mber Petits added that permanent permits are attached to vehicles
and th- a�.guest permits a rear -view mirror hangers.
Council MeiYfsf Henn pYicouraged staff to make sure that residents are carefully notified about
how the Dermitg.ork acid their costs.
Motion by Cound'f Member Petros. seconded by Council Member Gardner to adopt
Resolution No. 2013 -73, A Resolution of the City Council of the City of Newport Beach Limiting
the Parking of Vehicles on Streets on Aralia Street; and introduce Ordinance No. 2013 -20, An
Ordinance of the City Council of the City of Newport Beach Amending Section 12.68.060 of the
Newport Beach. Municipal Code to Establish a Residential Parking Permit Program for Aralia
Street, establishing a Preferential Parking Zone for a One -Hour Parking Time Limit, 7:00 a.m. -
4:00 p.m. on School Days, except by permit, and pass to second reading on'November 12, 2013.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Council
Member Selich, Council Member Henn
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City Council Minutes
October 22, 2013
Absent: Mayor Curry
Recused: Council Member Daigle
City Manager Kiff reported that this matter will come back to Council for second reading of the
Ordinance on November 12, 2013, and that the Resolution has been adopted. He assured that
staff will communicate to neighbors about the permit terms, Council will need to approve it
again for it to take effect, and the Ordinance will go into effect 30 days after adoption.
Mayor Pro Tem Hill noted this is a constant, reoccurring problem, apd stated that the School
Superintendent and principals are dedicated to work as a team to save the problem.
Council Member Selich commented on the possibility of School District dedicating a
pathway from Vista del Oro and the softball field. Coun P ber Petros reported that this
has not been discussed and that those opportunities exi , ut nee be reinforced.
XXI. MOTIONS FOR RECONSIDERATION - None
NMI. ADJOURNMENT - 9:22 p.m.
The agenda for the Regular Meeting was posted" �October 17, 2013, at 4:00 p.m. on the
City's website; on October 17, 2013, at 4-00 p.m. on t' City Hall Electronic Bulletin Board
located in the entrance of the City d� gil Chamber 100 Civic Center Drive; and on
October 17, 2013, at 4:00 p.m. in the M'' _ ends. Bin W,, located in the entrance of the
City Council Chambers at 100 Civic Cenr Dr �e
City Clerk
Mayor
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Secretary