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HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1 February 25, 2014 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 11, 2014 -- 07:00 PM I. II. III. I MA STUDY SESSION - Cancelled ROLL CALL - 5:15 p.m. Present: Council Member Gardner, Mayor Pro Tem Selich, Council Member Henn Absent: Council Member Petros, Counncil Member Daigled Mayor Hill arrived at 5:36 p.m., Council Member Member Daigle arrived at 5:50 p.m. Hill, Cou) l Member Curry, at 5:45 p.m., Jim Mosher thanked City Attorney Harp fora ' oun e topics tA',J discussed during Closed Session. He noted that Closed Session topics duri g this m g involy ree real estate property negotiations and that the public only knows abou one of i g at it may relieve some anxiety if the announcement wen e the minim r Iirements he law and indicates what Council will specifically be co enn i He comme on Item D1 of the Closed Session agenda regarding the West Newpor in n y Center in r tion to David Bahnsen and reported that he is on the Board of Council ber C rry's Center fori Public Policy and that Council should take that into account especially e & D3 suggests' there are other interested parties. He commented on a prio d Ses�tSe Coux'1 entered into negotiations with Michael Moosun regardin sa per red that t Its of those negotiations are unknown. He opined there �y be problem ith ring public property for sectarian uses and that Closed Session is the proper place t iscuss transactions and hoped that other aspects of the deal (other thane - setting) will be di ussed i . "} blic. City Attorney Hai renounced that' ouncil will adjourn to Closed Session to discuss those items set forth on the regular da and pre nted titles of each. }u`1t CLOSED SESSION - 5:20 m A. CONFERENCE WI LEGAL COUNSEL -EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Banning Ranch Conservancy v. City of Newport Beach, et al. Orange County Superior Court Case No, 30- 2012 - 00593557- CU- WM -CXC B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) and (e)(1)): 1 matter Volume 61 - Page 448 City of Newport Beach City Council Regular Meeting February 11, 2014 C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - Initiation of Litigation (Government Code § 54956.9(d)(4)): 1 matter D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 3 matters 1. Property: 883 West 15th Street, Newport Beach Agency negotiator: Dave Kiff Negotiating parties: David Bahnsen, Vice P. Pacifica Christian High School of Orange County. Under negotiation: Instruction to negotia payment. 2. Property: 3300 Newport Bou Agency negotiators: Mayor Negotiating parties: RD Ol. Under negotiation: Instru( payment. Council Member Henn re conflict of interest since he Beach (Old and Mayor 424 - 011 -37 Board of Directors, price and terms of Ed Selich regarding price dW terms of item due to a potential p with Via Lido Drugs. 3. Properties: 1499 Monrov Newport 266APN: 424 - 401 -14 883 West 15 Stree ewpor ch 92663; APN: 424 - 011 -37 Agency o tor: Dave f Nego ' ing rties: Carte arrington and Doug Killian, Voit Real Estate Sery repres nting 206 Mari Avenue, LLC Under egot tion: Instructi to negotiator regarding price and terms of a�yment. E. PU IC EMPLO PE RMANCE EVALUATION 0 vernment Code . 957) : Leilani Browib, City F. CONFER E WITHABOR NEGOTIATORS ( Governmen de § 4957.6) Agency Desiated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager; 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); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employee Association (NBPTEA); and Part -Time Employee Association of Newport Beach (PTEANB). Volume 61 - Page 449 City of Newport Beach City Council Regular Meeting February 11, 2014 V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Gardner, Council Member Petros, Mayor Pro Tn Selich, Mayor Hill, Council Member Curry, Council Member Henn, Council Member Daigle ; VIII. CLOSED SESSION REPORT City Attorney Harp announced that the City Co it M' ors present voted unanimously to appeal the Banning Ranch Conservan vs. City of port Beach, et al. decision adding that Mayor Hill, Council Member tros, and Coun Member Daigle were absent for this vote. f IM PLEDGE OF ALLEGIANCE - Council Member X. XI. PRESENTATIONS - None XII. NOTICE TO THE PUBLIC XIII. Council Member Petros rep d with the ariners Mile Business Owners Association where they exp eat i e con of the City related to the Citizens Advisory Panel (CAP) the disp n o riners Mile ping that as Council completes the discussions on priorit' of the City, Co it wi rrive at scheduling for the CAP. He addressed increased activity and Cliff Drive Par nnoun significant improvements made to the Park and detailed some of th and also reporte eeting th some of the residents in the Heights to discuss their interest in t future of the rk. He reported participating in an Orange County Healthy Communities Fo at UCI wh e he spoke on behalf of transportation initiatives and represented the City in relation the Bicyc' Master Plan. He also reported attending a meeting hosted by the Newport -Mesa Unifie hool retrict regarding the proposal for a sports complex at Corona del Mar High School and comm d ositively on the meeting encouraging those interested to visit the School District's website. Council Member Daigle commented on Back Bay Drive and reported that it has come to her attention that cyclists ride fast through the area. She reported speaking to the Chief of Police regarding the matter and that he advised that the posted speed limit is 15 mph and that there will be Patrol and Traffic Officers in the area during peak times to educate the public and later for enforcement. Additionally, she reported that the Fire Department will be launching a new APP, and encouraged people to visit PulsePoint.org for more information. In response to Council Member Daigle's inquiry, City Attorney Harp reported that typically, the Mayor opens the Consent Calendar item to allow Council Members to pull items and hear them separately and the public has the right to comment on those items before actions are taken; but that Volume 61 - Page 450 City of Newport Beach City Council Regular Meeting February 11, 2014 XIV, it is also acceptable for Council Members to request to pull items after hearing public comments on the remaining Consent Calendar items. Council Member Henn reported attending the Annual Mayor's Dinner and commented positively on the event. He was pleased to attend the groundbreaking for Marina Park and stated that he is glad the project is now moving forward. Additionally, he reported that the Balboa Village Advisory Committee (BVAC) will meet on February 12, 2014 at 4:00 p.m. at ExplorOcean and listed items for discussion on that agenda. Council Member Curry reported attending the Coast Magazine Corn Awards on behalf of Council and listed those among the honorees, including New Beach ch was nominated in the category of Best City Project and won for the Civic Center project. Mayor Hill commented on the recent Mayor's Dinner and thank hose i ved in coordinating the event including Speak Up Newport and Mr. George Schroe Additions he noted having the opportunity to work with Visit Newport Beach in developi a short video an esented it for the benefit of viewers. He thanked City staff for implemen ' the C,,y's financial pla Katherine Johansen spoke in support of the adoption of I No. 4 (Adopt a Resolution for Street Sweeping Parking Restrictions on Doming rive and Arm Way) and thanked Public Works Director Webb for meeting with property listening to it concerns and responding by placing it on the agenda. Michael Tarpey spoke in opposition to parking r ulation It ` No. 4, specifically Amigos Way, adding that he has obtai Ino signatures resi is in the a in opposition and submitted them to staff. He stated theg eno ugh parki all of the units noting that not everyone has a garage or driveway. Jim Mosher commented on Pension Reform AcLdg 14" and Oppositi governmkhav d to speak' prior ca he CalifornY comme uncil's duties its resourngage in caml He statetrouble seem effects of t he 1 staked out by in 5 (Reoutio No. 2014 -9 - Expressing Support for "The e . 2 4 -15 - Expressing Support for Proposition 13 garding er, he stated there is a conflict between the ty to administer fair and unbiased elections. He referenced e Court and discussions by the State Legislature. He fight d opined that it is not proper for the government to use ig or ctioneering or exhort voters to act one way or another. i Resolutions as sincere efforts to inform the public about the ;ion and felt they are pledges of blind allegiance to the positions in his race for State Assembly and finds it highly improper. Council Member Curry that Item 6 takes a position that reaffirms the City's position and s indicated that citie are be' solicited to move on the matter and stated that it is in full accordance with the views of the people of Newport Beach. City Attorney Harp reported that the courts have held that Council, at an open and public hearing, can take a position on a State -wide initiative and that is not in violation of any State law. Paul Doremus, President of the Villa Granada Homeowners Association, reported that they are the only two streets in East Bluff and the Bluffs that do not enjoy full- service street sweeping. He commented positively on recommendations of staggering Thursdays and Fridays so that residents can enjoy clean, safe and clutter -free streets and noted overwhelming support of the item by the Association. He thanked staff for their willingness to listen to residents. Volume 61 - Page 451 City of Newport Beach City Council Regular Meeting February 11, 2014 Jo Hamer spoke in support of Item No. 4 adding that they would like their streets cleaned and noting the need for the City to remove waste and reduce water pollution before it reaches the Back Bay. She added that it could be on a trial basis to see if it works. Council Member Gardner commented on street - sweeping in Corona del Mar and noted that street - sweeping is one of the major ways of improving water quality. Council Member Daigle thanked Public Works Director Webb and Traff Engineer Brine for working with residents and property managers. She added that in addi to trash and water- quality issues, the recommendations provide a little relief from student p ing.. XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. MINUTES FOR THE JANUARY 13, 4 A JANUARY 25, 4 SPECIAL MEETINGS; AND THE JANUARY 2014 DY SESSION A EGULAR MEETING. [100 -2014] Waive reading U ect minutes, approve as a nded, and order filed. �a 2. READING OF ORDINANC aive readin full of all ordinances under consideration, and direct City Cl t by title on C. RESOLUTION FOR ADOPTION a W RESOLUTION M 2014- EXPRESSING SUPPORT FOR PROPOSITION 13 D OPPOSITIO TO A S IT ROLL. [100 -2014] Adopt Resolution No. 2014 -15, solution of the ity Council of the City of Newport Beach, California Expressing Sup for Prop 'j on 13 and Opposition to a Split Roll Property Tax Apportionment, so tha merci ropertiea are re- assessed differently than residential properties. Council ber, ardner voted "no "on this item. APPROVE AGREEMENT FOR GREASE CONTROL INSPECTION DEVICE PROGRAM WITH JON KINLEY DBA ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES (C- 5734). [38110 -2014] Approve the agreement with Environmental Compliance Inspection Services for grease control inspection device program for a five year term, and authorize the Mayor and City Clerk to execute the agreement. 9. APPROVE AMENDMENT NO. TWO TO AGREEMENT FOR TEMPORARY Volume 61 - Page 452 City of Newport Beach City Council Regular Meeting February 11, 2014 IW LABORER SERVICES WITH ADVANCED RESOURCES, LLC. (C- 5150). [381100 -2014] Approve Amendment No. Two to the Agreement with Advanced Resources, LLC for temporary laborer services, and authorize the Mayor and City Clerk to execute the agreement. E. MISCELLANEOUS 10. PLANNING COMMISSION AGENDA FOR FEBRUARY , 2014. [100 -2014] Receive and file. Consent Calendar, except for the items removed (3, 5 and 8); Member Gardner to Item 6. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Council Member Curry, Council Member Henn, ( Daigle Curry to approve the the no vote by Council Pro Tem SeW Mayor Hill, 3. ADOPTION OF ORDINANCE NO. LATING . BEACH FIRE RINGS. [100- 2014] In response to Council Me er Daigle's in uiry, ' y Atto arp confirmed that a specific law is not required by ality Mining e istrict's (A MD) Rule 444 but this is one way to comply with t t Rul He added th are no alternatives to comply in the short -run, but that in the b un, the ity could possi get a Coastal Development Permit (CDP) and look at spacing an of alt native fuels. Council is a sse c ouncil is circumvented in terms of approval of fuel race the inan ecomes e e 30 days after adoption she questioned how thi would be handl etwe arch 1st and March 12th City nager Kiff respo ed that 4e City will act in an advisory capacity and encourage people se charcoal dur g the 30 day period. He has communicated with the AQMD and they state was appropr to to have a grace period before implementation without imposing fines. He a that th California Coastal Commission (CCC) believes this is subject to a CDP but that t ity A orney does not believe so; therefore, it is being processed without a CDP. Diu,, Council Member Daigle highlighted provisions within the Ordinance with which she is concerned, including how policies have been traditionally made in the City and the belief that there is no "one -size- fits -all" solution. She stated there has never been a policy discussion in relation to this matter and suggested inserting "desires," in terms of if the City "desires" to have this policy; it could consider and discuss it at a future date. In terms of being exposed to unwanted odors and emissions, she took exception to that part of the recital. Regarding use of the fire rings and AQMDs authority regarding the use of fuels, she asked for clarification. City Attorney Harp noted that generally refers to the AQMD Board. Council Member Daigle pointed out that in regards to the California Environmental Quality Volume 61 - Page 453 City of Newport Beach City Council Regular Meeting February 11, 2014 Act (CEQA), public controversy has been a reason to require environmental review and not exempt it (Bishop v. San Jose). She suggested that since the Ordinance does not go into effect until March 12, it would be better to give the City the opportunity not to create another law and see how it works without an Ordinance. In response to Mayor Pro Tem Selich's inquiry, City Attorney Harp reported that the Ordinance is applicable only to public beaches. City Manager Kiff added that the Rule only applies to public fire Jim Mosher stated it was unclear as far as the Ordinance Zappg to public and private beaches, as well as the definition of natural gas. R askher the latter includes propane. He commented on the "12 day period of awkwardn e the City does not have the authority to comply with AQMD and commented o� bigge \throf wardness" until December, in case AB 1102 happens to pass i, e State ich would immunize the City from having to immediately res d to AQMDe a CDP is pending. He felt it would be advantageous for th�ity t of face nes, noting that even if the City complies with AQMD, it d stil out of che Coastal Commission. , Tom Sweat, Friends of the Fire Rings, asked if the C is proposing the removal of any of the fire rings and that residents be requir to burn only ch oal. City Attorney Harp reported that non '.o a rings w e removed at this point and would be done, if at all, through a CDP. Charles Ellington stated is a large a unt eople t as the fire rings as a tradition of gathering. He rep t t if the City s away the ability to burn natural wood, it takes away the abil' for peo le to have tha ecreation. Judy Ruth Mullen, res ing the reported that erican the fire r' ded such cei to ch' n. 1, meek, children and religious groups, ed that Council maintain the tradition of important to their religious practices and C anager Kiff report that C cIl adopted a plan that it considered in November, 2013, whit visions a combi tion of s eral types of rings; some would burn wood and some natural s (not propan Under AQMD's Rule, the key is to spread them out to an appropriat 'stance and make sure that not enough of them are burning wood that will be toxic into the ghborho The plan being considered at this time is a short -term measure because the Ion m p1 will require a CDP from the Coastal Commission which takes from 6 to 12 months to e. He added that the City must comply with the Rule by March 1st and the goal is to pr de every opportunity to enjoy the rings, but with a different fuel source for that period. He added that some of the rings will be close to infrastructure so that wheelchairs will be able to access them more easily than they can today. Mayor Hill added that in the future, there will be oval fire rings to accommodate large groups. Council Member Henn referenced Council Member Daigle's comments and asked regarding use of the proposed language. City Attorney Harp commented on the language included in the first reading and Council's right to comment or amend the same. However, he stated that it is not a legal requirement. Volume 61 - Page 454 City of Newport Beach City Council Regular Meeting February 11, 2014 Council Member Henn noted the opportunity for public discussion during the first reading. Motion by Council Member Henn, seconded by Council Member Petros to conduct second reading and adopt Ordinance No. 2014 -2. An Ordinance of the City Council of the City of Newport Beach, California Adding Section 11.08.060 to Chopler 11.08 of the Newport Beach Municipal Code Relating to Beach Fire Rings. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros;+.tt`Mayor Pro Tem Selich, Mayor Hill, Council Member Curry, Council Member Henn 0 Noes: Council Member Daigle A- 5. RESOLUTION NO. 2014 -9 - EXPRESSING SUPPO T"FOR "TH SION REFORM ACT OF 2014 ". [100 -2014] Council Member Daigle reported that the M Yha Pargl Project would not ve happened without the efforts of City staff. She noted t th ension Reform Act is n eluded in Council's binder so she has not been able to read Act. She added that she can of support slashing employee health benefits and that the Act lint been put on the ballot and that the 2016 Act has not been written, nor e�e$ e the life asked regarding bipartisan support identified in the Resolution a ested tablin e item until there is a definitive ballot measure and she can be provided . rt 5t. Council Member Curry reported that the measu a bargaining units and cities to negotiate whether or note ing pensionl�•. stem'wxll bebd for those people who are in al it. He noted that it h�,,of g to do with care. He addressed rising costs of pensions and impacts on how.pe City provides its se ces as pensions are eating up the bigger part of budgets. He added, ;that it Ss backed by D ocrat and Republican Mayors alike and is consistent with the dii = °e tion emg imposed, des not impose on anyone and is done through collective bargaining urn � . that the text has not been provided for Council to read or Jim 1 her noted there .ib a pensi4t problem and assumed there are numerous solutions being o ed. He believett is appropriate for Council to give residents accurate, objective informatio how the pioposals would affect the economics of the City and that it is not appropriate It ouncil t officially align the City with one particular proposal which has not been provided. dde hat it is not appropriate For Council to try to influence an election. Motion b Counci ''Member Curry, seconded by Council Member Henn to adopt Resolution No. 20149, A Resolution of the City Council of the City of Newport Beach., California Expressing Support for "The Pension Reform Act of 2014 ". The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Selich, _Mayor Hill, Council Member Curry, Council Member Henn Noes: Council Member Daigle 8. PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC FIRE ENGINEERING Volume 61 - Page 455 City of Newport Beach City Council Regular Meeting February ll, 2014 INC. (C -5735) [381100 -20141 Council Member Henn stated that more detail should have been provided in the staff report including evaluation criteria and costs. He added that it is a good idea on sizable contracts such as this to include that level of detail. Council Member Petros stated that he had asked questions regarding this item without receiving a response. City Manager Kiff reported that typically, on a fee - related item lik eEhis, there is some front work conducted by staff and sometimes outside consultants are h ed to help. He added that the fee is eventually brought back and paid by the applicant d g review and what is being seen with the budgeting is a lag time between the time serv' s b and when the fees come in adding that ultimately, it is a "wash ". Council Member Petros asked if Council will see General Fund. _1, City Manager Kiff responded affirmatively ad, Building Department reports and budget recoi is a qualification -based selection, not a low -bid Mayor Hill noted that it includes b hours will be used, so that is why it In response to Council Member Henn's iqu criteria including cost, exnce relative C "t AvW (RFQ) and working w i mu palities whi?� in every case, Pad, Fire gineering wad lowest cost of the ° biddi firms. The pe and reported this is fo th ar contract week for 52 . err e sl ability taya�e ba the rs . and paent back into the it will be seen in the rep'ds from the at the end of the year. He added this tr _ and explained each. that it 'difficult to determine how many ide cap. sf e Chief Kitch reported on the )e of word the Request for Qualification all evaluated by City staff. He noted that n as number one and also provided the r dollar amount ranged from $85 to $120 citing to $136 K per year for 30 hours per if business slows down, the City has the Mo ffin by Council Aimber Wnn, seconded by Council Member Curry to a) approve t ofessional Services greeme with Pacific Fire Engineering Inc. for fire and life safety Plan -'ew services at a ot- to -exce d $436,930 contract, and authorize the Mayor and City Clerk t ecute the Agr ,ement; and b) authorize Budget Amendment No. 14BA -030 to transfer $ 75 from theeneral Fund unappropriated fund balance, account 010 -3605 to Life Safety S� 4ces (LSS account 2330 -8088 to fund the contract during the current fiscal year. The motion carried brthe following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Selich, Mayor Hill, Council Member Curry, Council Member Henn, Council Member Daigle XVII. PUBLIC COMMENTS Jim Mosher commented on provisions in the Brown Act intending to prevent public policy from being discussed in Closed Session. He commented on negotiations between then Deputy Public Works Director Webb and the State Lands Commission to establish tideland boundary for Marina Park noting that the matter was discussed in Closed Session without public input including a decision to Volume 61 - Page 456 City of Newport Beach City Council Regular Meeting February 11, 2014 lease a part of waterfront property for the Girl Scout House and commented on a prior Council's decision for a piece of land to remain open for public use. He stated he does not know if the Girl Scout House intrudes into the protected zone but that the public would like to know. Additionally, he stated that the City knows the mean high tide level in the Harbor so that the information would be easily accessible and suggested possible solutions for consideration. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Petros reported on a recent meeting of the Bicycla'were ster Plan Oversight Committee where preliminary recommendations by the consultant te considered. He encouraged residents to visit http: / /newport- soulside.dotcloud.com to prod put. [Disclaimer on URL: This map may not operate in early versions of Microsoftxplorer. The map should run in updated versions of Explorer or other browsers such as Google Chrome or - efgl, Mayor Pro Tern Selich reported on a recent meeting of the L# Use ElemeN' mendment Advisory Committee where it considered policies and traffic studies. .41 Council Member Daigle provided an update of a ant Ai�rt Land Use Comrlia ion meeting where it unanimously supported the Back Bay La " SeStWembly sect. Additionally, she ' rted on a recent meeting of Vector Control and commented on a mo problem and noted that genies are working together to find a cost - effective solution. Shounced that the Southern California Association of Governments (SCAG) will be ding a ge in the desert where she will be proposing a resolution on biking and pede , safety. X, XIX. PUBLIC HEARING 11. BACK BAY LANDINg4FA ,011 -216). [ Community Devel�ment Dector Brandt i "° >troduced the item and deferred to staff for a report. `%, Senior Pl llo pded ci staff report addressing a description of the stages approvals the roposed Projec , Project Site, Project Boundary and Lot Line Adj�ment, applicati for csideration by Council, General Plan Amendment; Coastal L Use Plan Amend nt, Zo Code Amendment, Planned Community Development Pla arming Areas, Co . ptual Plan, Building Heights and View Corridors. In respoxi o an inquiry1from Council Member Gardner, Senior Planner Murillo reported that view ', ulations icluded in the draft Environmental Impact Report (EIR) are conceptual, has .upon lowed heights and the site plan provided by the applicant. In the future, staff and t 1 ning Commission will review the proposed development to ensure it provides the view c dors consistent with the design guidelines. He continued with the PowerPoint present 'ion addressing the Coastal Mediterranean Theme, Public Access and Trails, Public Spaces, Bulkhead, Relocated Driveway and Lot Line Adjustment, Street Improvements and Traffic Study. Council Member Petros commented on peak hours of trip generation and noted that by virtue of the proposed mixed uses, afternoon commute hours are much lower. Senior Planner Murillo reported on the EIR. In response to Council Member Gardner's inquiry he stated that the final EIR was available to the public in December. He reported that the City received letters, yesterday and today, from an attorney representing Volume 61 - Page 457 City of Newport Beach City Council Regular Meeting February 11, 2014 Stop the Dunes Hotel and Friends of the Bay. Council Member Gardner expressed concerns with the last- minute comments submitted by the attorney, noting that Council has not had time to review its contents and that it is unfair to Council, adding that there have been months when the letters could have been received by Council. City Attorney Harp reported that his office had the opportunity to review the comments, that written responses to those comments have been prepared and will be part of the record, and they did not find anything in those comments that would require recilation of the EIR. Senior Planner Murillo continued his report of the EIR and pr, ded an update of review of the project by various commissions and agencies. In ::: e,t Council Member Petros inquiry regarding input from Stop the Dunes to the Plan g Com sion, he stated that no comment was provided from that group. Mayor Pro Tem Selich referenced Page 119 regargin`g per fitted uses and ' ressed concerns with allowing bars and nightclubs noting the pgoffilems tl} t have existed. He -' orted having a discussion with the applicant who indicat N 11, eir I desire for flexibility for future but noting problems with what happens in parking I a stated that is something hat should be taken into consideration. Mayor Hill invited the applicant to Gordon Craig, Project Manager for Back ay Lail %g comme�d City staff for the diligent work on this project over the 3 years as w as inter ' m nu ty members. He addressed the property size and e 'ng uses and, rovi ; a Po� point presentation addressing Existing Conditions,tl1 ce al Site Pla" tails of their request and frequently asked questions and respol s. In response to areas and not( the Powerp.8 To EIR Rejected Al Ix 'structure Benefits, ] for C cil's support of s regardi ightclub use, forum toe° kuate and m; In response to C- to be launched, Mx. be more active in t would be returning. Gardner's que on, Mr. Craig commented on new landscaped ,;' corpora water- quality elements. He continued with waft - addressin �IFp�, sed On -Site Public Access and Views, New ections, Public Bayfront Promenade, Coastal Public View ite ss Alignment, Coastal Act Section 30214, Project Benefits, mciall efits, Community Outreach, Future Schedule and asked s recom . endations. Regarding Mayor Pro Tem Selich's concerns respectfully advocated that the CUP process would be the proper those determinations. "tuber Gardner's inquiry regarding how often it is expected for boats noted that the inlet is an interest point and imagined that it would ly morning hours and in the early evening hours when the boats John Erskine, Back Bay Landing, stated that they are aware of the problems that the City has had regarding nightclubs and added that because of the parking structure and where they might locate a nightclub, they believe that with security and showing the City the plans at the CUP stage, it will be a unique, self- contained experience. Additionally, regarding Pearson's Port, they would like to keep it but would like the opportunity to discuss with them the possibility of relocating around the corner or at another location on the waterfront. Council Member Petros noted that the setback along Coast Highway is set to zero but noted Volume 61 - Page 458 City of Newport Beach City Council Regular Meeting February 11, 2014 the opportunity for overhangs and asked if there will be overhangs into the public right -of- ways and whether they present liability for the City. Senior Planner Murillo reported the intent of the zero setbacks is consistent with development limits of commercial properties and that overhangs are allowed into other areas. Overhangs into the sidewalks are not envisioned as part of the development plan and there will be no overhangs over public rights -of -way. He suggested alternative language in the provision. Council Member Gardner commented on mitigation measures, specifically regarding utilities and service systems related to water, noting that it involves paymeof required connection fees. She asked regarding expected environmental impacts and hod¢ payment of the fees fixes them. Additionally, she addressed best management practices• ,payment and private parking lots noting that street - sweeping is required quart. the document. She added that street - sweeping is a very important part of wat , uali d felt that it should be changed to weekly or bi- weekly. She commented on epmitigatron t. asure related to not idling for more than 15 minutes, noting prior recom ,", dations for ano area of not idling more than five minutes and stated that she wou'll recommend no idlin ` t all and asked regarding the provision for idling 15 minutes. Community Development Director Brandt considered. Council Member Gardner comment substantial impacts to views. She additional views. Community Developu and was used as the option of refining the Mayor Hill s—M the envii the xt phase. hearing. 941hat something less than th"dt could be and �notc that the EIR indicates there are mcil will Ntbe flexibility of negotiating k, §I thatews presented are conceptual document; therefore Council will have the Larryyek rekglgland, spL�daoxi behalf of the Bayside Village Homeowners Assoc noted t ay sr Village is immediately adjacent to Back Bay Landing and will be n?tst directly affecte . l y the °pio osed development. Mr. Van Pelt expressed concerns with to e adjustments, inc sed tr c, noise, security concerns, loss of parking and storage. He a t d that very few o he mobi home sites are on short -term or month -to -month leases and tha e vast majoritf units are owner - occupied with long -term leases. He added that Bayside V e is doe um ted as a private park, with private roads and a private beach in the Local Con °1 ]. Prograu and the Land Use Plan so that any efforts to alter, divide or take away portions o e park for public access will face strong community resistance. He stated that the owners o he rk also own and operate parcels of land immediately contiguous to Bayside Village on t sides and are seeking development on each of those parcels. Mr. Hoagland added that the plan has already been approved as The Dunes Hotel and that the owners of the marina have communicated their intent to expand the marina in the future. He hoped that the City would look after the rights of Bayside Village residents and stated that they have worked with the owners of Back Bay Landing who have incorporated their comments into the EIR. He stated that the Bayside Village HOA supports the project as long as their mitigation and concerns are taken into consideration. Rick Julian commented in support of the project and hoped that Council will approve it. Volume 61 - Page 459 City of Newport Beach City Council Regular Meeting February 11, 2014 Jim Mosher commented on the response to comments within the EIR noting that it includes serious environmental concerns raised by Coastal Commission staff and by Coastkeeper. He reported that the concerns were "fluffed" up with a statement that the EIR is only about legislative proposals and that it is not about the specific project and felt that when the matter returns to the Planning Commission it will be stated that all of those concerns were addressed in the EIR. He expressed concerns that the EIR is not addressing the specific project. He reported that the architect for this project is the same that brought forward the mansionization project on the lot at the corner of PCH and Dover and stated that residents can look forward to a wall of the same kind of "gingerbread" blocking of iconic views. Robert Hawkins, Attorney representing Stop the Dunes referenced his submission of supplemental comments presented are not accurate because the garages are sen for additional simulations. Additionally, he stated that 80 and 81; the first of which was analyzed in the env:' not. The latter will create 26 new units which wil commented on drainage issues and stressed this all what will be addressed. Mr. Hawkins noted t TOO eed P the entertainment will affect residents acros B order to review the matter fully it will be necessa o there is no commitment by the applicant to do su e stated the need to do subsequent envimental review In response to Council Member Henii� i supplemental comments, Mr. Hawkins I and became concerned about the view i' concrete and that the p t is entirely obligations and that t u ct client was comments. He rep �"ed that he comment the environmentaliument$ Mayor Hill located at t of a co Friends of the Bay, that the simulations He stressed the need creating 2 anomalies, t ent. but that 81 has as well as views. He marina. He n and is not I added that `arced that in review the site developmeiht plan and quent environmental documents. He s at will come before Council. on the tng of the submission of the :client wiW to a meeting in December ' ectnd noted there is nothing aal. He ' ed that he had other client ring whether or not they wanted to make tted are timely for this public hearing on Mak'70 Tem Sehtatedj e he is impressed with the work the applicant has done in r egotiating h the :. rounding community. He congratulated them for their c outreach effo and co ented positively on the proposed plans. He noted there are any details th' need to worked out and stated he is looking for the highest quevelopment fort at property. Motion b or Pro Thin Selich seconded b Council Member Gardner to a) adopt amended Resol Nilron o. 14 -10, A Resolution of the City Council of the City of Newport Beack Certifying Finir. nmental Impact Report No. ER2012 -003 in Accordance with thf r California En tal Quality Act (CEQA) and State and Local Guidelines for thf Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 Eas; Coast Highway (PA2011 -216) (SCH #2012101003); b) adopt Resolution No. 2014 -11, f Resolution of the City Council of the City of Newport Beach Approving General Plar Amendment No. GP2011 -011 for the Approximately 31 Acre Planned Community Known a: Back Bay Landing Located at 300 East Coast Highway (PA2011 -216); c) adopt Resolution No 2014 -12, A Resolution of the City Council of the City of Newport Beach Approving Coasta, Land Use Plan Amendment No. LC2011 -009 for the Approximately 31 Acre Plannec Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011 -216); d; introduce amended Ordinance No. 2014 -3, An Ordinance of the City Council of the City o, Newport Beach Approving Code Amendment No. CA2013 -009 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highwa; Volume 61 - Page 460 City of Newport Beach City Council Regular Meeting February 11, 2014 (PA2011 -216), and pass to second reading for adoption on February 25, 2014; e) introduce Ordinance No. 2014 -4, An Ordinance of the City Council of the City of Newport Beach Approuing Planned Community Development Plan Adoption No. PC2011 -001 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011 -216), and pass to second reading for adoption on February 25, 2014; f) adopt Resolution No. 2014.13, A Resolution of the City Council of the City of Newport Beach Approving Traffic Study No. TS2012 -003 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011 -216); and g) adopt Resolution No. 2014 -14, A Resolution of the City Council of the City of Newport Beach Approving Lot Line Adjustment No. LA2011 -003 for the Approai tely 31 Acre Planned Community Known as Back Bay Landing Located at 300 East C t Highway (PA2011 -216) with amendments to remove bar, lounges and nightclubs from t permitted uses section and including Council Member Gardner's revised mitigation mess. a . Mayor Pro Tern Selich noted that the City received Planning Department and the City Attorney's o completely. Council Member Gardner requested clarifica the with the site development plan, new requirement Community Development Director Br dt stated that discretionary approval /review which vested v public hearing process. The Planning s d tl Council Member Petros agreed with ayor Pro homeowners for their e ement and 'nvoly ;e proposed plans. Community Dev changes to the encroachments. g Council Mulvihill safe dri water reflects the 's Ml infrastructure i e and reiterated th impacts that weren' recirculation of the E nts from reviewed vhen the matter made. Hawkins which the wesnonded to them Council development review process is a Planning Commission and is a i be appealed to Council. comments and thanked ented positively on the Brandt aed whether the motion includes the proposed nity Deve pment text as it relates to the setback Ga rd n inquiry about mitigation connection fees, Assistant City that the tilities connection analysis is required to ensure there is available to provide water service and water quality that meets ards. The mitigation measure in the environmental document 1 Code in which connection charges are assessed to ensure that the dditionally, she addressed comments received from Mr. Hawkins have looked at them and they do not raise any new significant ady analyzed in the draft EIR and does not trigger the need for Council Member Curry commended the applicant for working closely with the surrounding neighbors and commented positively on the proposed project. Additionally, he noted his willingness to trust the CUP process to address concerns regarding possible nightclub uses. Council Member Daigle agreed with Council Member Curry's comments regarding the CUP process. Substitute motion by Council Member Daigle, seconded by Council Member Volume 61 - Page 461 City of Newport Beach City Council Regular Meeting February 11, 2014 Curry to allow the bar use, subject to a Conditional Use Permit. The motion failed by the following roll call vote: Ayes: Mayor Hill, Council Member Curry, Council Member Daigle Noes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Selich, Council Member Henn Council Member Henn stated that he opposes the motion because the tter should be nipped in the bud. He added that the project is on the water and has adja residential uses and has a potential for trouble. Mayor Hill called for a vote on the main motion. The motion carried by the following roll call vote:'; Ayes: Council Member Gardner, Council embe Petros, May ro Tem Selich, Mayor Hill, Council Member Curry,, Me er Hegf. Council Member gle XX. CURRENT BUSINESS 12. INITIATION OF AMENDMENTS THE MUNI L CODE TO ESTABLISH THE BALBOA VILLAGE PARKING MEN PL AND OVERLAY DISTRICT AND A RESIDENT PREFERE KING OGRAM FOR STREETS BETWEEN 7TH STREET AND ADA STR A2014- [100 -2014] Community Developmen ector Brandt rese d details the staff report noting review by the Balboa Village ,p�, vt� Committee C), the purpose of the proposed amendments and reported that 'evario components 'the proposed program is contained within the staff report. + I Council t Nin N ed�1I ' �s is the'Mm ination of a considerable amount of work b e by BVAC the issues into initiation. He noted that the er e " w and approval as the specific actions are brought to Council oval Com ity Development rrector Brandt added that the necessary amendments to Title 20 will req} further public hearings before the Planning Commission and that there will be further op °" tunities forpublic comments. She addressed next steps in the process, presuming th ', ouncil proves the item and noted the timeframe involved. In response to Council Member rdne s comment on the cost of guest passes, she reported that the rates have had a lot of "sion and that they are not seen as being unreasonable compared to other permit fees chat ed within the City. Mayor Pro Tem Selich referenced Strategy No. 4 and stated he is in support of moving ahead with the program and asked if the elimination of parking requirements is intended to apply to commercial use only or commercial and residential use. Community Development Director Brandt reported that it would apply only to non - residential use within the commercial district. She added that it is a "park once" concept. Parking requirements for residential uses would remain in place. Scott Robinson, Board Member of the Central Newport Beach Community Association, Volume 61 - Page 462 City of Newport Beach City Council Regular Meeting February 11, 2014 reported that at a recent meeting, the topic came up and there were questions and concerns that they were unable to address. He asked that in the future, they be kept apprised of plans and activities and that members are notified timely on meetings so that they have an opportunity to review the plans and provide comments. Jim Mosher expressed concern with Strategy 1 in terms of the area receiving special attention that no other area is getting and noted inequity. He commented on Strategy 6 and noted that most of the matters will need approval by the Coastal Commission noting the need to submit a comprehensive parking strategy to them. He added that the Coastal Commission has approved plans for residential exclusive parking in other areas whereresidents were able to establish that the problems they were facing were from empgee parking from nearby businesses. In this case, the problem seems to be arising from �,itors and felt that trying to displace them may be difficult. Council Member Gardner stated one of the issues area unique and noted that there are a number of Council Member Henn agreed. Jim Stratton, Member at Large of BVAC, comprehensive parking strategy to benefit : what makes this that do not drag along with others 0 develop a Balboa Village and those wishing to park in the residential village areas. commented o ' e money spent to study parking in and around Balboa Village and add eports and commendations for a residential permit parking program. He noted the liars sties that e the area unique, referenced surveys resulting in support of a. reside. ial par permit p am, and urged Council to approve the item. Council Member Petr ocBVA innended Mr. St for the hours he has put into this effort as well as the membersa . W. R. Dildine thanke oun 1 for considerin his matter and commented on the number of units in Balboa _Villase h g t Motion% CouncITMemb6WHenn, seconded by Council Member Petros to a) find this act* -1vis exempt from Ntn alif qa Environmental Quality Act ( "CEQA ") pursuant to Section 1 of the State CE uideli , California Code of Regulations, Title 14, Chapter 3; b) initi "?..amendments itle 12d Title 20 to establish the Balboa Village Parking Manage At Plan and Ov lay District; and c) initiate an amendment to Title 12 to establish a Reside eferential P king Program (RP3) for Streets between 7th Street and Adams Street. V I The motion carriecI t t #V following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Selich, Mayor Hill, Council Member Curry, Council Member Henn, Council Member Daigle 13. TUSTIN AVENUE SPEED LIMIT - SANTIAGO DRIVE TO 23RD STREET. [100 -2014] Public Works Director Webb utilized a PowerPoint presentation addressing Speed Limits, Roadway Functional Classifications, California Road System Map, existing conditions at Tustin Avenue, Tustin Avenue between Santiago Drive and 23rd Street, Tustin Avenue Neighborhood, rationale for the City posting Tustin as 30 mph versus 25 mph, practices by other cities referenced and staff recommendations. Volume 61 - Page 463 City of Newport Beach City Council Regular Meeting February 11,2014 Todd MacFarland commented on existing speeding and traffic issues in his neighborhood and expressed concerns regarding his family's safety, the safety of his neighbors and the children who are put in danger by the excessive speeds on the narrow residential street. He noted that most cars drive 10 mph above the speed limit and many in excess of 40 mph. He commented on previous traffic surveys and the possibility of implementing traffic calming measures. He urged Council to reclassify the road to a local road and reduce the speed limit to 25 mph, practice enforcement via radar and implement some type of level 2 traffic calming measure. He asked those in attendance in support of the matter to stand. Geoffrey Willis, Land Use and Development Lawyer, has throughout California on similar issues and stated that speed limits. He reported that Council can direct staff to local noting that by doing so, it would satisfy several thin; the process and asked that Council reclassify the road to Igg Gary Blackney noted the matter is a public safety Nancy Fichtner stated there is a school a blc residential neighborhood used by walkers, r safety due to increased vehicle speeds and lower the speed limit. Chuck Groux noted there are no si'; %,W% or street lid concerns with safety due to increased Iii W eeds. He that street is inaccurate and that the road is uss'tdrivei Discussion followed regar%the Avenue. ,�, i,V'a more than 20 cities :ounci , hihs a choice in changing ch e the road classification to sew he listed. He addressed i7 ie neighborho ` this is a local fists. She expressed terns with to avoid a potential 'agedy and on that street and expressed ed that the show of homes on ''ters and cyclists. of other segments of Tustin Edgar Church stag, there a no sidewalks either side of his street and there are a lot of cars parked on bot sides' He reported t t the safety of school children has been understated and comme .umber of dren who ride their bikes to the school. He added tet` oter an ar gun and that he has clocked cars going throw e area at p 50 ldfi. spoke in suppoi�of his n hbors' comments and indicated that he has been in a few > pulling out on_ Tustin —he added there are no street lights on the street and at it is a safetyssue. He asked that Council support reducing the speed limit on Tustin Mayor Pro Tem S61ich co 'mented on conflicting requirements but he supports looking out for the neighborhood viewing the regulations to find a way to help the neighborhood. Additionally, he rep ed reading the FHWA manual and commented on the process to determine the correct street classification as being as much an art as it is a science. He commented on the purposes of different street classifications and though staff has identified the street as a collector, he has gotten no clear answer regarding how that was determined. He discussed the context of sensibility and livability and noted this is one of those roadways where accessibility and mobility must be analyzed. He addressed California Vehicle Code's definition of "fronting" and stated that it seems to him that the existing residences have a "fronting" aspect to them. He spoke in support of reclassifying the street from a collector to a local. Council Member Gardner mentioned that when the process was reviewed previously, none of Volume 61 - Page 464 City of Newport Beach City Council Regular Meeting February 11, 2014 the Council Members were happy. She added that Council should address this matter philosophically and consider what is good for the City as a whole when it comes to this specific issue. Mayor Pro Tem Selich noted that some cities go through a regular review process and agreed with Council Member Gardner's comments. He agreed with taking a broader look at the issue and believed this to be a situation that the City should never have gotten into to begin with. Council Member Gardner expressed concerns specific to Tustin adylhat she is unsure that reducing the speed limit will solve the problem. Mayor Pro Tem Selich agreed that reducing the speed needs to be backed up with traffic- calming efforts and st less than what staff has estimated. Council Member Curry commented on staffs and also presented a roadmap for addressin would support Mayor Pro Tem Selich's initiati Council Member Henn stated that Tustin was become. He noted the need to do som ng to the residents. Council Member Daigle reported that %t: successful and asked regarding enforcement Deputy Police Chief M d there will which to focus and at low ing the spee added that the iss will nee additional d, and they will do what , ey c4 Council on in vi of be enough but that it I that an be accomplished for ndance with ting guidelines of the neighbor e stated he ig the requests of t eighbors. to act as the cut - through it has ; and voiced support for helping have not always been Menges but added there are specific spots in ; will affect their focus and response. He review but enforcement is part of their job of enforcement. Police Chief MMill coffliaented on education measures and additional enforcement Council mber Petros c mented on his direct experience in working on this topic and noted ther ' a history rules and laws prescribed for setting and enforcing speeds. He stated it is no question fit being science or art and stated it is more like voodoo and that a large amount o " creti is allowed and stated that Council can look into this but felt that nothing will chan ' commented on his experience installing traffic - calming devices and in more than 70% o e cases, they have been removed by the people who originally wanted them installed. He stated he will support the motion. Mayor Hill commented on traffic - calming activities on Broadway and stated he has heard no one say that they like them. He added there are two schools on that road and has seen the area extremely congested. He is in favor of reducing the speed but also encouraged education, enforcement activities, evaluation of sidewalks and putting in street lights. Public Works Director Webb noted Council can provide direction to staff in terms of adding sidewalks and looking into street lights and provided approximate estimates of the work. Volume 61 - Page 465 City of Newport Beach City Council Regular Meeting February 11, 2014 Discussion followed regarding traffic - calming devices, reclassifying the street and community outreach. Motion by Council Member Henn, seconded by Mayor Pro Tem Selich to direct staff to begin the process with Caltrans for a functional classification change of Tustin Avenue between Santiago Drive and 23rd Street from "collector" street status to "local" street status on the California Road System (CRS) maps. Should the Federal Highway Administration (FHWA) approve the classification change, direct staff to post the speed limit on Tustin Avenue at 25 mph. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council n Mayor Hill, Council Member Curry, Council Member 14. CITY COUNCIL PRIORITIES FOR 2014 - the item to the February 25, 2014 Council meeting. The motion carried by the following roj€3a11 vote: Ayes: Council Member G Mayor Hill, Council Member Curry, XXII. ADJOURNMENT - The agenda for the Regul City's website, onx% -, located in tl *entrance February, ; "2014, at 4:00 p City Council Chambers at r Petros, Council ber [100 -2014] Pro Tem Selich, Daigle continue Mayor Pro Tem Selich, Member Daigle a posted n February 6, 2014, at 4:00 p.m. on the at 4 b ri'the Cit y Hall Electronic Bulletin Board Council Chambers at 100 Civic Center Drive; and on 7YIeeting Agenda Binder located in the entrance of the 0-Wer Drive. Recording Secretary Mayor Volume 61 - Page 466 City of Newport Beach City Council Regular Meeting February 11, 2014 City Clerk Volume 61 - Page 467