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HomeMy WebLinkAbout03/25/2014 - Regular MeetingCity Council Minutes Regular Meeting March 25, 2014 - 7:00 p.m. I. STUDY SESSION - Cancelled H. ROLL CALL - 6:00 p.m. Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill III. PUBLIC COMMENTS ON CLOSED SESSION AGENDA Jim Mosher stated that, at yesterday's Finance Committee meeting, there was discussion about the City's discretionary reserves; however, there was not discussion about how much is held aside for legal costs. He discussed the cases listed in the Closed Session Agenda and suggested saving legal costs by reevaluating whether the ordinance in question needs amending. City Attorney Harp announced that Council will adjourn to Closed Session to discuss the item as listed in the Closed Session agenda and proceeded to read the title. IV. CLOSED SESSION - 6:05 p.m. A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(a)): Pacific Shores Properties, LLC, et al. u. City of Newport Beach Newport Coast Recovery, LLC, et al. u. City of Newport Beach United States District Court, Central District Case Nos. CV 08- 00457 -JVS (RNBx) & CV 09-00701 - JVX (RNBx) United States Court of Appeals, 9th Circuit Case Nos. 11 -55460 & 11 -55461 V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill VIII. CLOSED SESSION REPORT City Attorney Harp reported that the City Council voted unanimously to petition the U.S. Supreme Court to review the decision of the Ninth Circuit Court of Appeals. IX. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Selich X. INVOCATION - Council Member Curry Volume 61 - Page 506 City of Newport Beach City Council Regular Meeting March 25, 2014 ►U1 Junior Guard of the Year Presentation Mayor Hill presented a Proclamation to Junior Lifeguard of the Year Julienne Dawidoff. Julienne Dawidoff thanked her family, the City, and those involved in her success, and commented positively on the Junior Lifeguard Program. Proclamation Designating the City of Newport Beach as a "Purple Heart City" Mayor Hill presented the Proclamation to Commander Dannie Watkins. Commander Watkins, Chapter 752 of the Department of California Military Order of the Purple Heart, commented on the recognition of veterans and addressed the organization's membership. He discussed activities and efforts of the organization in helping veterans, and highlighted the organization's goals. Update on the Transition to Automated Residential Refuse Collection Public Information Manager Finnigan provided a PowerPoint presentation and noted that the transition affects customers who are currently receiving residential refuse collection services through the City of Newport Beach. She addressed community outreach efforts, the number of cart orders received and information about ordering carts, and expectations during the transition. She also highlighted new services provided by CR &R, including upcoming programs and events. Municipal Operations Co- Director Pisani addressed the start of service, roll -out locations, delivery of new carts, collection days, collection of trash, items to be recycled, collection of old trash cans, and the availability of a transition map and schedule on the City's website. He noted that the proposed Municipal Code changes will be discussed later in the meeting, in detail. Gary Belt referenced the Municipal Code and expressed concerns with placing cans in alleys in Newport Shores, not having appropriate clearance for kids, cars, and public safety vehicles in the alleys. He added that he would like to see trash containers stored on the sides of houses rather than left in the alleys. City Attorney Harp reported that the Ordinance will be discussed later in the evening and it would be appropriate to take comments at that time. In response to Jim Mosher's question about the placement of containers and use of bags, City staff stated that bags will still be allowed to be placed curbside for collection and that placement of containers should be in the street and not on top of the curb. XII. NOTICE TO THE PUBLIC XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) Council Member Gardner announced that from April 8 to April 11, 2014, major work will be conducted on Pacific Coast Highway (PCH), through Corona del Mar, to complete a water project and the westbound lanes may be closed during portions of the day. She urged residents to find alternate routes through Corona del Mar. Mayor Pro Tern Selich reported participating in Youth Government Day, announced that a General Plan /Local Coastal Program Implementation Committee meeting will be held on March 26, 2014, from 12:30 p.m. to 2:30 p.m. in the Newport Coast Room, and the Land Use Element Amendment Advisory Committee (LUEAAC) will meet on April 1, 2014 at 2:30 p.m. Mayor Pro Tem Selich discussed the Volume 61 - Page 507 City of Newport Beach City Council Regular Meeting March 25, 2014 items on both the meeting agendas, adding that the EIR for the LUEAAC is online and available for public review. Council Member Daigle reported that PCH is the one road in Newport Beach that touches all seven Council Districts. She noted that the closure of a lane at PCH and Dover is creating inconveniences and backups for motorists and bicyclists, and has been going on for many months. She presented photographs of existing conditions and pointed out the reason for the closures, noting that the permits were granted by Caltrans, not the City and offered an alternative that she believes, will help open the lanes. In response to Council Member Daigle's questions, Public Works Director Webb addressed tapering of the road and benefits to residents, as well as future opportunities to consider improving circulation in the area. Council Member Daigle stated that she would like to see inconveniences to residents eliminated and asked that staff use its influence and skills with Caltrans to open the lanes in the next few days. Council Member Henn announced the grand opening of Sessions Sandwiches on the Balboa Peninsula on April 4, 2014, at 11:30 a.m. Additionally, he reported the opening of a new restaurant, The Sliding Door, in Balboa Village. Council Member Curry announced the Persian New Year and reported attending a ceremony at Corona del Mar State Beach, as well as representing the City in Irvine at a Persian New Year celebration. Mayor Hill announced the recent passing of his father -in -law, Marlan Bourns. Additionally, he reported the births of his fourth and fifth grandchildren, Charles Rush Pomer and Penelope Campbell Hill. He reported representing the City at the 50th Annual Mayor's Prayer Breakfast and commended Pamela Curry for her coordination of the event. Additionally, he reported attending the Toshiba Senior Classic Champions Tour and commented on the amount of funds raised for Hoag Hospital and education efforts in the City. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Council Member Daigle commented on Supplemental Item 19 (Professional Services Agreement with Newport Beach & Company to Manage NBTV Programming and Station Operations), noting that she received assurance from staff that the plan has solid priorities and goals. Regarding Item 4 (Cooperative Agreement No. C -3 -2083 for the Newport Boulevard (South) Regional Traffic Signal Synchronization Project), Council Member Henn reported that this addresses a section of Newport Boulevard which will allow the full synchronization of signals up through Costa Mesa. Council Member Curry commented positively on Item 5 (Newport Coast Community Center Stage Remodel), indicated that it will help in fully utilizing the facility and the programs it offers. Jim Mosher commented on Supplemental Iteml9, believing that the City should spend its money towards improving internet coverage of City events rather than on a channel that staff has reported has zero viewers due to the high diversity of other choices available. However, if the City would lake to proceed, he provided alternate ideas and expressed concerns regarding allowing Newport Beach & Company to manage NBTV. He suggested issuing a Request for Proposal (RFP) before committing the funds. Regarding Supplemental Item 19, Lori Morris believed that the corporate relationship between Visit Newport Beach (VNB) and Newport Beach & Company is unclear and expressed concerns with the funding and sponsorships. Volume 61 - Page 508 City of Newport Beach City Council Regular Meeting March 25, 2014 In response to concerns regarding Supplemental Item 19, Council Member Daigle reported that there will be a monthly accounting of all revenues and expenditures, as well as sponsorships. XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. Minutes for the March 11, 2014 Study Session and Regular Meeting [100 -20141 Waive reading of subject minutes, approve as amended, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct City Clerk to read by title only. B. RESOLUTION(S) FOR ADOPTION 3. Resolution to Approve the Submittal for a Functional Classification Change for Tustin Avenue 1100 -20141 Approve Resolution No. 2014 -26, A Resolution of the City Council of the City of Newport Beach Approving the Submittal of a Functional Classification Change for Tustin Avenue to the State of California, Department of Transportation (Caltrans), from Santiago Drive to 23rd Street from "Collector" to "Local" street on the California Road System maps. C. CONTRACTS AND AGREEMENTS 4. Cooperative Agreement No. C -3 -2083 for the Newport Boulevard (South) Regional Traffic Signal Synchronization Project (C -5776) [381100 -20141 Authorize the Mayor to execute Cooperative Agreement No. C -3 -2083 between OCTA and the cities of Newport Beach and Costa Mesa for the Newport Boulevard (South) Regional Traffic Signal Synchronization Project. Mayor Hill recused himself since he owns property within 500 -feet of the Synchronization Project. 5. Newport Coast Community Center Stage Remodel - Award of Contract No. 5540 (CAP14 -0002) 1381100 -20141 a) Approve the project plans and specifications; b) Award Contract No. 5540 to A.J. Fistes Corporation for the Total Bid Price of $71,297.00 and authorize the Mayor and the City Clerk to execute the contract; c) Establish a contingency amount of $14,203.00 (approximately 20% of Total Bid) to cover the cost of unforeseen work; and d) Approve Budget Amendment No. 14BA -038 appropriating $50,000 from the unappropriated General Fund balance to account 7011- C1002043. 6. OCTA Cooperative Agreement for Bicycle Corridor Improvement Program Projects [381100 -20141 a) Approve Cooperative Agreement No. C -2 -1899 between the City of Newport Beach and OCTA for the OCTA Bicycle Corridor Improvement Program for the Newport Bike Lane Improvement Project (C- 5777); b) Approve Cooperative Agreement C -2 -1901 between the City of Newport Beach and OCTA for the OCTA Bicycle Corridor Improvement Program for the Eastbluff Drive -Ford Road Bike Lane Improvement Project (C- 5778); and c) Authorize the Mayor and City Clerk to execute the agreements. Council Member Daigle recused herself since she owns property within 500 -feet of the proposed Eastbluff Drive Bicycle Lane. Volume 61- Page 509 City of Newport Beach City Council Regular Meeting March 25, 2014 Agreement with Municipal Water District of Orange County to Accept Potable Water Trailer (C -5781) [381100 -2014] Approve the agreement with Municipal Water District of Orange County to transfer ownership of a potable water trailer to the City, and authorize the Mayor and City Clerk to execute the agreement. 8. Marina Park Project - Demolition and Tree Relocation (Bid Package 1): Completion and Acceptance of Contract No. 3897 -A (CAP09 -0070) [381100 -2014] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after this Council acceptance. D. MISCELLANEOUS 9. Planning Commission Agenda for March 20,20141100-20141 Receive and file. 10. Capital Improvement Program Budget Transfers [100 -2014] Approve Budget Amendment No. 14BA -037 appropriating $456,200 from the unappropriated Measure M Fair Share fund (280 -3605) to Account 7282- C2001009 for the FY 13/14 Sidewalk, Curb and Gutter project and transferring $99,800 from 7013- C2001009 (Sidewalk, Curb and Gutter) to 7013- C3001003 (Transportation Model Maintenance) and $89,400 from 7013 - C2001009 (Sidewalk, Curb and Gutter) to 7013- C3002021 (Eastbluff Bike Lane): Council Member Daigle recused herself from this item because she owns property within 500 -feet of the Eastbluff Bike Lane, and Mayor Hill recused himself from this item because he owns property within 500 -feet of the Sidewalk, Curb and Gutter Project. 11. General Plan Annual Status Report, Including Housing Element Report (PA2007 -195) [100 -2014] a) Review and comment; and b) Authorize submittal to Office of Planning and Research (OPR) and Department of Housing and Community Development (HCD). S19. Professional Services Agreement with Newport Beach & Company to Manage NBTV Programming and Station Operations (C -5762) [381100 -2014] a) Authorize the Mayor to approve a Professional Services Agreement with Newport Beach & Company for the management of NBTV operations and programming at a not -to- exceed cost of $150,000 per year; and b) Authorize the Mayor and City Clerk to execute the Agreement. Motion by Mayor Pro Tern Selich, seconded by Council Member Council Member Henn, to approve the Consent Calendar; and noting the recusals by Council Member Daigle on Items 6 and 10 and Mayor Hill's recusals on Items 4 and 10. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR - None Volume 61 - Page 510 City of Newport Beach City Council Regular Meeting March 25, 2014 XVII. PUBLIC COMMENTS ON NON - AGENDA ITEMS Dannie Watkins, Orange County resident, reported recently attending a City Council meeting in the City of Irvine where they voted to designate 100 acres in the Great Park for a State Veterans Cemetery. He urged City Council to consider and approve this item. Michael Alti and Jane Gissi asked that the City enforce Chapter 10.28 of the Newport Beach Municipal Code because their neighbors have been holding extremely loud parties during early morning hours. They noted working with the Homeowner's Association (HOA) and the Police Department but that the parties have continued. Mr. Alti believed that the system places a burden on the affected rieighbors, adding that no citations have been issued. He urged the City to resolve the matter. Deputy Police Chief McGill reported that the Police Department has been working with the residents and reported that, when officers arrive at the scene, the noise has stopped, stating that they need to observe and hear the noise, which has been difficult to do. He stated that the Police Department will continue to work with Mr. Alti and the HOA. Jim Mosher commented on the retention of public records, suggested simplifying the process for the public to provide comments to staff and the decision makers, and spoke on the separation of church and State as it relates to the City renting the old City Council Chambers to a local church for services. Patrick Hynes, concierge at the Balboa Bay Resort, commented on the number of calls received from lost and confused drivers who miss the turn at the corner of West Coast Highway and the Resort since there is no street name. He suggested naming the street, provided suggestions for street names, and believed that a sign on the traffic light would result in a smoother traffic flow on West Coast Highway. Mayor Hill reported that the Resort is in his District and will follow up with staff regarding the matter. Council Member Henn expressed his support. Robert Kopieki expressed concerns regarding the construction projects that have been staged at Big Canyon Reservoir, as well as increases in traffic, noise and dart. He suggested eliminating the use of the Reservoir as a staging area or providing training and encouraging drivers to take alternate routes. He also suggested adding signage. Council Member Gardner noted that she will follow up with staff to see if improvements can be made. Lori Morris reported that Newport Beach Police logs have been down for the last three weeks and commented on the destruction of public records. City Attorney Harp reported that consideration of the City's Records Retention Policy will be before Council at its second meeting in April. He encouraged residents who would like to comment on the matter to attend the meeting. City Manager Kiff addressed the Police logs, noting that the City has recently changed to a new records management system and that there may be a bug in getting the Police log information out. The Police Department is aware of the issue and is working on fixing it. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES As one of the Trustees for Orange County Vector Control, Council Member Daigle reported a breakthrough regarding the recent mosquito problem in Big Canyon. She thanked the City's engineering staff for coming up with the solution and addressed approval of permits by various agencies to proceed as an emergency action. She addressed another meeting of Vector Control where a briefing was given by Orange County Animal Control regarding the release of cats into the community. Volume 61 - Page 511 City of Newport Beach City Council Regular Meeting March 25, 2014 Council Member Henn provided a summary of the Tidelands Management Committee meeting on March 19, 2014 which included discussions about sea wall and sea level rise planning. He also indicated that, at the Finance Committee meeting on March 24, 2014, they received a report on a recent audit and level of reserves. Council Member Gardner provided a brief summary of the recent Water Quality /Coastal Tidelands Committee meeting, including items discussed at that time. She addressed selenium in Big Canyon and commended staff for their work and effort. Council Member Petros provided a brief summary of the recent Balboa Village Advisory Committee (BVAC) meeting and addressed items discussed. Mayor Hill reported that the application deadline for the Special Events annual application has been extended to March 31, 2014, at 4:00 p.m. XIX. PUBLIC HEARING 12. Appeal of the Planning Commission's Decision to Approve Conditional Use Permit No. UP2013 -023 for 2240 University Drive (PA2013 -206) [100 -2014] Deputy Community Development Director Wisneski introduced the item, reporting approval of the project by the Planning Commission but the City received an appeal following that meeting. Planning Technician Jason Van Patten provided a PowerPoint presentation and discussed the project location, background, existing conditions, parking, proposed and alternative floor plan, operations based on peak periods during the day, evening and weekend usage, parking requirements for assembly use based on seats, approval by the Planning Commission, reasons for the appeal listed by the Appellant and responses provided by staff, independent traffic and parking analysis provided by the Applicant, and recommendations. Council Member Gardner indicated interest in hearing why the Conditional Use Permit (CUP) should not be granted as she has not seen anything in the appeal that would cause her to want to overturn the Planning Commission's decision. Council Member Petros noted reading in the staff report that the Appellant relies on 140 parking spaces and asked regarding the size of the building. Deputy Community Development Director Wisneski noted that the complex does not have designated parking spaces for the individual businesses. Planning Technician Van Patten reported that the size of the Appellant's building is 10,595 net square feet and that parking requirements for office use is one space per 250 net square feet. Therefore, 140 parking spaces would net out to be for an approximately 35,000 square foot building which is much larger than the existing building. Council Member Petros noted that the Covenants, Conditions and Restrictions (CC &Rs) require a fair and equitable use of parking. Mayor Hill opened the public hearing. Barry Ross, Attorney representing Back Bay University, LLC and Mobilitie, LLC, (Appellant), indicated that his clients oppose the CUP and noted submitting a detailed letter dated March 25, 2014, and asked that it be part of the record for this proceeding. He also requested that the letter dated January 23, 2014 that was submitted to the Planning Commission be part of the administrative record. He reported that a CUP is a discretionary permit and noted that for one to be issued there must be certain findings, but none have been established. Additionally, he stated that the staff report does not distinguish between a commercial office use and an assembly or religious institutional use, and listed differences between them. He referenced Castaic Lake Water Volume 61 - Page 512 City of Newport Beach City Council Regular Meeting March 25, 2014 Agency v. City of Santa Clarita and Laurel Heights Improvement Association u. Regents of University of California and listed corresponding court actions and decisions. He added that in documents submitted by the Applicant, there is nothing to indicate that the listed cases are not applicable. He also stated that he believes there is a need for an Environmental Impact Report (EIR), and that the staff report failed to consider the reasonably foreseeable consequences of future uses by the Applicant, such as future expansion and development which would attract more congregants. He believed that the City also failed to consider impacts to emergency vehicle access. He requested that Council deny the application for the CUP or continue the hearing so staff may provide consideration to the points presented. Additionally, he requested the matter be continued as he only received the Applicant's letter and 'accompanying documents today and had not had an opportunity to review them. He noted that the CC &R, the City's Zoning Code, and the General Plan specify that the use on the property is limited to commercial use. He added that the Applicant is already using the address even though they are still in escrow and have not been issued a CUP. Council Member Gardner indicated that she does not understand the emergency vehicle access or the California Environmental Quality Act (CEQA) argument presented by Mr. Ross. In response to Council Member Gardner's questions, Mr. Ross reported that the CEQA issues relate to increased traffic and parking throughout the week. He noted that one of the differences between commercial and assembly use is that a large number of people will be coming at one time, stay for a fixed period of time, and leave at the same time when the event is over, which does not occur with commercial office buildings. Relative to emergency vehicle access, he stated that the property has a difficult access route for such vehicles due to the way the egress /ingress is designed. Council Member Daigle addressed the determination of parking requirements in the City, noting that it is not determined by the number of people, but rather by the use. She referenced the Parking Management Plan and asked for Mr. Ross's view of it. Mr. Ross reported that there is no Parking Management Plan at the Association and noted the provisions in the CC &R. Council Member Daigle referenced Exhibit B (Parking Management Plan) and asked for clarification from staff regarding off -site agreements. Deputy Community Development Director Wisneski reported that the use requires a Parking Management Plan to comply with parking methods used. Any type of expansion of the use will require an amendment to the CUP and to the Parking Management Plan. Mr. Ross stated that the City can consider the impact of the location which would be a reason to do a Mitigated Negative Declaration (MND) or EIR. He added that the approval of the application would increase the use of the facility. Council Member Petros took issue with Mr. Ross's comments regarding his March 25, 2014 letter which implied that Council received it prior to the meeting and that the Applicant had not submitted their letter in time for him to review it. He clarified that the materials from Mr. Ross were provided today and Council Members have not had time to review them. Although he is not an attorney, he stated that he is a partner in an environmental planning and traffic engineering firm and will have comments later about the studies presented. Carol McDermott, Entitlement Advisors representing the Newport Jewish Center (Applicant), provided information regarding the organization and apologized for the additional material submitted late today, adding that the last minute submittal by Mr. Ross gave them no choice but to respond. She added that her client stands by its request for approval of the CUP and noted that the project received unanimous approval by the Planning Commission. She believed that the appeal has been filed without merit or basis by one property owner who has refused to meet with them. She addressed the Center's contributions to the community. She requested additional time to ensure the adequacy of the record and deferred to her colleague, Marshall Krupp. Volume 61 - Page 513 City of Newport Beach City Council Regular Meeting March 25, 2014 Marshall Krupp, President and CEO of CSA Strategies, referenced submittal of documents and apologized for the late submittal. He reported that he was invited to look at this project two weeks prior to it being presented to the Planning Commission. He commented on the appeal and reported that, throughout the process, the Applicant has attempted to meet with the Appellant to work on resolving issues of concern, but was not successful. He referenced documents he prepared dated March 24 and March 25, 2014, and asked that they be incorporated into the record. He addressed the parking trip generation study, specific limitations of the use of the assembly area, and limitation of the Center's growth included in the CC &R, and reported that the Center is not a membership organization and has no intention of expanding. He stated that he does not know of any CEQA issues that would be relevant in this case other than parking and traffic, which has been addressed by the limitations established by City staff. He commented on this being a proper use of the property, and referenced a prior zoning district and Administrative, Professional and Financial District (APF) which allows religious assembly. He acknowledged the team working on this and noted the attendance of many community members, asking those who support the project to stand. He addressed the length of time the Center has been serving the community, commented on the benefits to the community by moving the facility out of Corona del Mar, and spoke on efforts made by the Applicant to discuss and determine the real issues with the Appellant and generate possible resolutions. He added that, if the issue is parking, the Parking Management Plan addresses it and that the Center has signed agreements with the nearby YMCA and the Newport Beach Golf Course for additional parking if needed. He urged Council to support the CUP and allow the Center to proceed and expressed hope that the Appellant will meet with them to resolve any issues. In response to Council Member Daigle's previous question regarding whether the off-site signed agreements with neighbors are part of the CUP, Mr. Krupp reported they were not but, that they have been included in the record for this hearing. Additionally, the duration of both agreements are indefinite and addressed the number of spaces approved within the agreements. Mr. Ross reported that the matter regarding the APF zone is irrelevant and that the key issue is the zoning that exists now. Council Member Curry reported touring the facility and commented positively on the community resource. In response to Council Member Petros' question regarding how the City determined if there was an environmental effect associated with parking and traffic, Deputy Community Development Director Wisneski reported reviewing the CEQA guidelines when the categorical exemption was determined. Additionally, the City's ordinances and rules were used in the creation of the parking and traffic study. Council Member Petros emphasized that the City has not used the subversion of rules to regulate and protect the environment, but rather has applied the proper rules in arriving at its determination. He addressed the differences in the cases referenced by Mr. Ross with the present project and the intentions of CEQA, and reported that through the parking and traffic studies, information is available to determine that this use will have less of a traffic and parking impact than commercial use. He addressed the Parking Management Plan and Conditions of Approval limiting expansion of the use and commented on the design features not creating changes to emergency access. He stated that he sees no reason not to support the application. In response to Council Member Henn's question regarding the information submitted by Mr. Ross and cases cited by him, City Attorney Harp reported that neither of the cases cited or correspondence submitted by Mr. Ross makes the categorical exemption inapplicable in this circumstance. He added that the change of use is appropriate through the process the Applicant has gone through. Volume 61 - Page 514 City of Newport Beach City Council Regular Meeting March 25, 2014 In response to Council Member Daigle's question regarding the separate agreements entered into by the Applicant for additional parking, Deputy Community Development Director Wisneski reported that there are certain high holidays that generate increased parking needs, and that is why the Applicant has entered into off -site parking agreements. Mayor Hill took a straw vote of Council and all Council Members indicated their support of the application and rejection of the appeal. Stephen Abraham spoke in support of the CUP and addressed the Planning Commission's approval of the project. He noted that the Appellant has defined the issues as traffic and parking, but has had 60 days to prepare for this matter. He agreed with the City Attorney regarding CEQA considerations and commented on the cases cited by the Appellant's attorney and noted that his criticisms are not applicable. Jim Mosher noted the name of the Appellant, stated that the company (Mobilitie, LLC) is building cell towers, and referenced their other projects that have appeared before Council. He believed that it was ironic that they have argued for the unobtrusive towers and structures but oppose this use. Additionally, he commented on information that was not made aware by the company in relation to prior applications and the vague noticing provided when one of the cases was before the Coastal Commission. Council Member Petros stated that he does not care who the Appellant is and assured everyone that Council's decision is based on the merits of the matter before Council at this time. City Attorney Harp asked Mr. Ross if he had anything additional he would like to add. Mr. Ross responded that he did not wish to make any additional comments. Hearing no further testimony, Mayor Hill closed the public hearing. Motion by Mayor Hill, seconded by Council Member Curry, to a) find that this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 - Existing Facilities) of the CEQA Guidelines; and b) adopt Resolution No. 2014 -27, A Resolution of the City Council of the City of Newport Beach Upholding the Decision of the Planning Commission and Approving Conditional Use Permit No. UP2013 -023 for a Religious Assembly Use and a Joint Use of Parking Located at 2240 University Drive (PA2013 -206). The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill VC CURRENT BUSINESS 13. Automatic Aid Agreement for Exchange of Fire, Rescue & Emergency Medical Services Between the Orange County Fire Authority and the City of Newport Beach (C -3493) [381100 -2014] City Manager Kiff introduced the item, noting that this was supposed to be a Consent Calendar item and offered to respond to questions from Council. Motion by Council Member Curry, seconded by Council Member Henn, to approve the Automatic Aid Agreement with the OCFA for Exchange of Fire, Rescue & Emergency Medical Services, and authorize the Mayor and City Clerk to execute the Agreement. Volume 61 - Page 515 City of Newport Beach City Council Regular Meeting March 25, 2014 The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill 14. Ordinance Amending Newport Beach Municipal Code Subsection 17.60.030(A) Relating to Residential Pier Permits [381100 -2014] Mayor Pro Tem Selich recused himself from this item since he owns a private pier. City Attorney Harp presented a brief report and addressed a complaint filed regarding possible violations of the Brown Act relative to the adoption of a Resolution establishing fair market value rent for residential piers, as well as a model for a residential pier permit. He reported that the complaint lacks merit and there is no basis for the lawsuit. He stated that the City reached a settlement with the Dockowners Association which will provide that they dismiss their complaint and not recover attorney fees or costs if Council adopts an ordinance extending the term of pier permits from ten years with up to a maximum of 50 years. Jim Mosher commented on Council's correction of the Harbor Code in response to a court case and discussed the recent Vallely court case in the Superior Court which found that Section 17.60.60(E) of the Newport Beach Municipal Code is not understandable and believed that the City should correct that Section before litigation. Motion by Council Member Curry, seconded by Council Member Henn, to a) introduce Ordinance No. 2014 -8, An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code Subsection 17.60.030(A) Relating to Residential Pier Permits, and pass the ordinance to second reading on April 8, 2014; and b) authorize the City Manager to execute the Settlement Agreement and Release with the Association (C- 5779), if Ordinance No. 2014.8 is adopted on April 8, 2014. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Hill Recused: Mayor Pro Tem Selich 15. 2013 -2014 Streetlight Improvement Project - Award of Contract No. 5495 (CAP13 -0021) [381100 -2014] City Manager Kill introduced the item, stated there is no presentation, and offered to respond to Council questions. Jim Mosher commented positively on staffs inclusion of big ticket items under Current Business so the public can comment. He addressed expectations of the new lights saving money in the long run, believed that the City could save more money by eliminating some lights in specific areas of the City, and wondered if people who will be affected by the installation of new lights have been notified. He commented negatively on a recent experience regarding replacement of a burnt out street light and believed that the service would have been better if performed by a City employee. Motion by Council Member Curry, seconded by Council Member Henn, to a) approve the project plans and specifications; b) award Contract No. 5495 to California Professional Engineering, Inc., for the total bid price, including additive bid items, of $468,700.00 and authorize the Mayor and the City Clerk to execute the contract; and c) establish a contingency of $47,300.00, approximately 10 percent, to cover the cost of unforeseen work. Volume 61 - Page 516 City of Newport Beach City Council Regular Meeting March 25, 2014 The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill 16. Appointment of a New Water Quality /Coastal Tidelands Committee Member 1100 -20141 City Clerk Brown reported that the City Council will vote by paper ballot to appoint a new Water Quality /Coastal Tidelands Committee Member to fill the unexpired balance of Laird Hayes' term which expires on January 22, 2017, and noted that in order to be appointed, the appointee needs to receive at least four votes. City Clerk Brown announced the following votes: Kathleen Andrews - Council Member Gardner Michael Melby - Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill City Clerk Brown announced that Michael Melby was appointed to the Water Quality /Coastal Tidelands Committee. She also added that she will contact him so that he may resign from his position on the Land Use Element Amendment Advisory Committee (LUEAAC). Jim Mosher requested clarification regarding Council Policy relative to Committee Members not being able to serve on standing committees. City Attorney noted that the Policy stated they cannot serve on two Committees. 17. Ordinance 2014 -7, Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid Waste Collection [100 -20141 Public Information Manager Finnigan presented details of the report, addressing background, changes made based on Council's comments, categories for proposed changes, service providers in the City providing refuse collection, and allowed refuse containers. Municipal Operations Co- Director Pisani addressed the proposed changes as requested by Council, including storage of containers, permission by Code Enforcement related to storage in alleyways, and requiring that trash enclosures and the concrete around them remain clean. Council Member Gardner commented on options for storing refuse containers. Council Member Petros commented on the period of time when residents can return containers originally obtained to get another size. City Manager Kiff noted that, regarding placement of containers in alleys, the matter was considered for people that could not fit 33- gallon containers in the side yard. Council Member Henn expressed concerns that there will be a potential abuse of containers being placed in alleys and this would place the burden on Code Enforcement to make determinations and follow up on cases. He added that he has a large number of rental units in his District and stated that rental occupants are less concerned about how trash is handled in alleys. He stated that he would prefer eliminating that Section in the Ordinance and dealing with problems as they have been in the past. Additionally, he commented on discouraging scavengers. He added that he would support the Ordinance striking the provision regarding storing containers in alleys. Volume 61 - Page 517 City of Newport Beach City Council Regular Meeting March 25, 2014 Council Member Gardner noted that there are residents who do not have enough room to store refuse containers and will need to place them in the alley. Council Member Henn reported that it in some people's view it may be considered feasible to store containers on the sides of houses, although it is less convenient. He commented on the importance of maintaining clean alleys and asked regarding inclusion of an appeal procedure in the Ordinance. City Attorney Harp reported there is none. Council Member Daigle commented on the possibility of an exception procedure. Council Member Henn expressed concerns with including something in the Ordinance regarding alleyways and stated that he would be willing to consider an appeal procedure in the Ordinance. Mayor Pro Tem Selich noted that present procedures are working and suggested not changing them, to which Council Member Henn agreed, noting that by striking the proposed language we are really just continuing the present language in the ordinance that seems to have worked fine in the past. Council Members Curry and Gardner agreed with Council Member Henn. Motion by Council Member Henn, seconded by Council Member Petros, to introduce Ordinance 2014 -7, An Ordinance of the City Council of the City of Newport Beach Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid Waste Collection and Disposal, with the removal of the provision regarding receiving authorization to place refuse containers in the alleyways, and pass to second reading on April 8, 2014. Gary Belt believed that placing containers in alleys would be an enforcement issue, noting there is not enough Code Enforcement staff to police the matter. He asked regarding large item pickup. Municipal Operations Co- Director Pisani noted that currently, there is unlimited large item pickup and CR &R will continue this practice in addition to offering other expanded services, like allowing heavy, bulky items to be picked up four times per year. City Manager Kiff noted that Code Enforcement staff is comprised of five people and that the City's Refuse Division Supervisor will also do some enforcement. Additionally, he addressed ways in which residents can voice complaints and noted that complaints can also be filed using the MyNB mobile app. City Attorney Harp reported that there are terms that need to be added and read the revised language as proposed by Council Member Henn. Jeff Dole, President of Balboa Peninsula Point Association (BPPA ), commended the City for addressing the traffic issue on the Peninsula. He addressed improvements made to the alleys, spoke in opposition to allowing the placement of refuse containers in the alleys, and agreed with Council Member Henn. Alison Ryffle, incoming BPPA President, spoke in support of Mr. Dole's and Council Member Henn's comments. Jim Mosher commented on the possibility of using only trash bags for refuse, noting that the Ordinance allows this. Steve Himel requested clarification regarding the definition of solid waste, bulky items, and green waste, noting that the new containers do not comply with the current Code. Volume 61 - Page 518 City of Newport Beach City Council Regular Meeting March 25, 2014 City Manager Kiff noted that green waste can be discarded in bags (not in bundles) or in the refuse containers. Additionally, he discussed the difference between solid waste and bulky items. Mr. Himel reported that bulky items are included with solid waste and believed that the Ordinance should be clarified. City Manager Kiff reported that staff will look into the matter and addressed when the Ordinance will take effect. Discussion followed regarding size limitations for items. Council Member Petros reported receiving calls from residents expressing concerns regarding storing containers in alleys and stated that he will support the motion. Discussion ensued regarding closure of lids. Amended Motion by Council Member Henn, seconded by Council Member Petros, to introduce Ordinance 2014 -7, An Ordinance of the City Council of the City of Newport Beach Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid Waste Collection and Disposal, with the removal of the provision regarding receiving authorization to place refuse containers in the alleyways and the inclusion of a provision requiring the closure of commercial bins and cleaning of the trash enclosure area, and pass to second reading on April 8, 2014. The amended motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill 18. Consideration of Agreement for Integrated Enterprise Resource Planning Software System (ERP) and Implementation Services (Tyler Technologies Inc.) (C -5780) [381100- 20141 City Manager Kiff introduced the item, noting there is no presentation unless Council desires one and offered to respond to questions from Council. He reported that the Finance Committee reviewed the matter thoroughly and unanimously recommended Council approval. Council Member Henn reported that this is a large undertaking and emphasized the importance of getting the system right. He commented positively on the staff report and commended staff for conducting a thorough and appropriate process. He added that a lot depends on execution, but voiced support for staffs recommendation. Council Member Daigle also commended the staff report provided for this item. Motion by Council Member Henn, seconded by Council Member Daigle, to approve and authorize the Mayor to execute an agreement with Tyler Technologies Inc. for the purchase, installation, and implementation of an Enterprise Resource Planning Software System and related subsystem software in an amount not to exceed $3,766,697. In response to Gary Belt's question, City Manager Kiff reported that the cost includes some hardware but mostly software and that the City upgraded all of its hardware upon moving to the new Civic Center. Jim Mosher commented on his respect for City staff, the new agenda system, and glitches with the Police reporting system, and expressed hope that there will be guidance from experts in the execution of the system. Volume 61 - Page 519 City of Newport Beach City Council Regular Meeting March 25, 2014 The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill XXI. MOTION FOR RECONSIDERATION - None Regarding Item 16, City Attorney Harp corrected a previous statement regarding Council Policy A -2, noting that the Policy discusses one standing committee. XXII. ADJOURNMENT -Adjourned at 10:05 p.m. in memory of Jamye Rogers The agenda for the Regular Meeting was posted on March 20, 2014, at 4:00 p.m. on the City's website, and on the City Hall Electronic Bulletin Board and in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive. The supplemental agenda for the Regular Meeting was posted on March 21, 2014, at 1:30 p.m. on the City's website, and on the City Hall Electronic Bulletin Board and in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive. City Clerk Recording Secretary 2 t� Mayor Volume 61 - Page 520