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HomeMy WebLinkAbout07/08/2014 - Regular Meeting" I qlk i City Council Minutes Regular Meeting July 8, 2014 I. ROLL CALL - 6:00 p.m. Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tom Selich, Mayor Hill II. PUBLIC COMMENTS - None City Attorney Harp announced that Council will adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the titles. III. CLOSED SESSION - 6:01 p.m. (Government Code § 54957.6) Agency Designated 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). B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 2 matters Christine Hougan v. City of Newport Beach, et al. Orange County Superior Court Case No. 30 -2013- 00646369 -CU -WT -CJC Martin O'Connor v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2013 - 00665055 -CU -PO -CJC IV. CONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Gardner, Council Member Pettus, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill VI. CLOSED SESSION REPORT City Attorney Harp announced that there were no reportable actions taken. VII. PLEDGE OF ALLEGIANCE - Council Member Gardner Volume 61 - Page 614 City of Newport Beach Regular Meeting July 8, 2014 VIII. INVOCATION - Council Member Curry IX. PRESENTATION Mayor Hill, on behalf of City Council and the City, paid tribute to Lifeguard Ben Carlson who recently lost his life while attempting to rescue a swimmer in distress. He stated that he was the first Lifeguard to lose his life in the City's 100 years of lifeguarding. He extended condolences to his family noting that the entire City is united in grief. He added that Mr. Carlson died while saving someone else's life and there is no greater sacrifice. He will forever be part of Newport Beach's history and the City is honored that he chose to lifeguard in it. Mayor Hill commented on Mr. Carlson's admirable qualities and on the search efforts by City lifeguards and those of neighboring agencies as well as Fire and Police personnel and the Harbor Patrol. Mayor Hill thanked all who helped that evening, including those who sent prayers and he commented on the outpouring of grief and support from the community and people from throughout the state, country and the world. Mayor Hill reported that a website has been set up at www .newportbeachea.govlbenearlson that provides information about him, upcoming memorials and where to direct donations. He added that the Lifeguards will use the donations to establish a scholarship in Mr. Carlson's name. The meeting tonight will be adjourned in his honor and memory. Council Member Gardner commented on Mr. Carlson's enjoyment of life and expressed her condolences to his family. Mayor Pro Tom Selich commented on the dangers of the ocean and read The Lifeguards Prayer in Mr. Carlson's memory. Council Member Curry noted the importance of remembering that every day Police Officers, Firefighters and Lifeguards risk their lives for the rest of us. On the City's beaches Lifeguards risk their lives several times a day, pulling people out of the water and he commented on the bravery and heroism exhibited daily by the men and women who provide life - saving services to the community. He expressed his condolences to Mr. Carlson's family and co- workers who will miss him through this loss. Council Member Daigle read a quote from Henry Beston's, The Outermost House and on the life of a bright, young person coming, abruptly to an end. She reported that she can relate to the sorrow of the loss of Ben Carlson as her father, Dr. Richard Daigle drowned when his ship went down in Cape Cod Bay. She extended her condolences to Mr. Carlson's family, friends, co- workers and the community he served with commitment, distinction and pride. Council Member Henn extended his condolences to Mr. Carlson's family and hoped that residents and visitors think of him as they visit the City's beaches. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) Council Member Petros stated that he swims in the ocean several times a week and is greeted by the faces of the Lifeguards who are there to protect him. He noted that he never thinks that his life is at risk knowing that those men and women are there, doing their job. He stated that he is deeply moved by the outpouring of support in tragedies such as this and is grateful to the men and women who man the towers, thanked them and extended his deep condolences to the Carlson family. Council Member Petros reported that meetings with the Newport -Mesa Unified School District continue with a dialogue in cooperation around the Corona del Mar High School and Newport Harbor High School and they have agreed to meet monthly on matters related to the high schools; City traffic and parking Volume 61 - Page 615 City of Newport Beach Regular Meeting July 8, 2014 can be raised and dealt with. He thanked Public Works Director Webb and City Manager Kiff for spearheading the effort. Additionally, he reported that the Orange County Sanitation District (OCSD) recently held an outreach for an upcoming two year project that will have an effect on traffic flow along Coast Highway, through Mariner's Mile. The City is coordinating with them to minimize the impacts through the corridor but there will be traffic impacts starting after Labor Day where a lane of traffic will be taken to accommodate construction. To accommodate summer and the Christmas Boat Parade, it will suspend during those times. He encouraged residents to contact OCSD or Public Works with questions or concerns. He commented on the recent Fourth of July celebration and thanked Cynthia Koller for inviting him into the dunk tank at the event held at Channel Park. Council Member Curry commented on the Orange County Grand Jury report regarding maximizing the Orange County airport, took issue with the recommendation and hopes that the Board of Supervisors will be vigorous in the opposition when responding. He asked that the City Manager and City Attorney, in keeping consistent with airport policies, respond to the report. Additionally, he reported participating in the Mariner's Parade and commented on the recent Concert on the Green. Council Member Henn commented positively and reported participating in the Fourth of July celebration dunk tank, expressed his appreciation to the citizens who organized the events as well as all those involved. He announced a presentation by Speak Up Newport on Wednesday, July 9, 2014, at 5:30 p.m. in the Community Room regarding Balboa Village, and on that same date he will be joining the Mayor and Council Member Petros on a tour of Balboa Village with the Chiba, Japan community, a sister beach community who is considering revitalization and looking for ideas. Additionally, a meeting of the Balboa Village Advisory Committee (BVAC) will be held, following the tour, at 4:00 p.m. where the Committee will be considering wayfinding, other issues, and moving the Master Plan forward. A public outreach meeting will be held, to explain the Balboa Village Master Plan, on Monday, July 14, 2014, at ExplorOcean. He announced an upcoming Tidelands Management Committee meeting to be held in the Community Room as well as a Finance Committee meeting on Monday, July 21, 2014, at 4:00 p.m. in Meeting Room 2E. Council Member Daigle thanked the City's Police, Fire, Lifeguards, Parks and Recreation and Traffic monitors for the success of the Fourth of July events. She added that the current systems allow for adjustments to traffic signals throughout the City and she encouraged residents to tour the City's Signal Synchronization Center. Additionally, she noted that bicycle safety has been a Council priority and reported there have been many improvements and she asked that Public Works bring an informational item forward at the next City Council meeting to share the improvements done to date. She commented on Back Bay Drive and the Bicycle Master Plan Oversight Committee's recommendations to have the City review possible changes. She added that the City recognizes points raised by naturalists for increased safety and has arranged for sandwich signs and Police motorcycles to provide safety, noted that City Engineers are looking at improved signage on Back Bay Drive and the Police Department has collected data and performed analysis of the area and that there will be no closures. Mayor Hill announced that, as part of the City's Sister City Organization with Antibes, France, he represented the City and visited with seven Mayors from different parts of the world and talked about Sister City relationships with Antibes. XII. PUBLIC COMMENTS ON CONSENT CALENDAR Council Member Gardner commented on Item No. 6 (Building Inspection and Plan Review Services) noting that it would help if an explanation was included in the report regarding why the City is doing this. Regarding Item No. 11 (Adoption of 2014 Sewer System Management Plan), she commented positively regarding the work that is being done. Volume 61 - Page 616 City of Newport Beach Regular Meeting July 8, 2014 Jim Mosher commented on an exhibit for Item No. 9 (Approval of On -Call Repair Services Agreement), referenced written comments he submitted earlier and stated that the contract should be clear as to what rates will be charged on various dates and hours. XIII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. Minutes for the June 24, 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 the City clerk to read by title only. B. RESOLUTION(S) FOR ADOPTION 3. Resolution No. 2014 -54: Adopting a Memorandum of Understanding with the Newport Beach Police Association; and Resolution No. 2014 -55: For the Paying and Reporting of the Value of the Employer Paid Member Contribution (EPMC) [100 -20141 a) Adopt Resolution No. 2014 -54, AResolution of the City Council of the City of Newport Beach Adopting a Memorandum of Understanding (MOU) between the City of Newport Beach and the Newport Beach Police Association; and b) Adopt Resolution No. 2014 -55, A Resolution of the City Council of the City of Newport Beach for Employer Paid Member Contributions and Rescinding Resolution No. 2012 -57 for Employees Represented by the Newport Beach Police Association, eliminating the paying and reporting of the value of the Employer Paid Member Contribution (EPMC) for certain non - sworn NBPA members, to the California Public Employees' Retirement System (PERS), as provided in the Memorandum of Understanding. 4. Resolution No. 2014 -56: Amending Resolution No. 2014 -52 to Establish Salary Ranges for the Emergency Medical Services Division Chief (Fire Department) and the Deputy Director (Recreation & Senior Services Department) and Establish One Part -Time Marketing Specialist Position (Library Services) as Full -Time [100 -20141 Adopt Resolution No. 2014 -56, amending Resolution No. 2014.52 to: a) Establish the Emergency Medical Services Division Chief at $9,564.53 - $11,625.40 per month and the Deputy Director, Recreation and Senior Services, at $10,405.20 - $12,648.13 per month; and b) Adjust the Marketing Specialist position in Library Services from .65 part -time to a full -time budgeted position at a rate of $4,513.60 — $6,344.00 per month (the current rate for the Marketing Specialist job classification). 5. Resolution No. 2014 -57, A Resolution to Increase the Corona del Mar Business Improvement District's Advisory Board from Seven to Nine Members [100 -20141 Adopt Resolution 2014 -57, A Resolution of the City Council of the City of Newport Beach Amending Resolution No. 97 -50 to Increase the Corona del Mar Business Improvement District's Advisory Board from Seven to Nine Members. C. CONTRACTS AND AGREEMENTS 6. Building Inspection and Plan Review Services - Approval of Professional Services Agreements with VCA Code (C- 5878), JAS Pacific (C- 5875), and MRII Structural Engineers (C -5876) [381100 -20141 Approve and authorize the Mayor and City Clerk to execute: Volume 61 - Page 617 City of Newport Beach Regular Meeting July 8, 2014 a) A three -year professional services agreement with The Code Group, dba VCA Code, for an annual amount of $460,000 with a not to exceed amount of $1,380,000 over three years, subject to available funding through the annual budget process; b) A three -year professional services agreement with Jason Addison Smith Consulting Services, Inc., dba JAS Pacific, for an annual amount of $313,000 with a not to exceed amount of $939,000 over three years, subject to available funding through the annual budget process; and c) A three -year on -call professional services agreement with MRH Structural Engineers Inc. for an annual amount of $90,000 with a not to exceed amount of $270,000 over three years, subject to available funding through the annual budget process. Amendment No. 1 to the Professional Services Agreement with Project Dimensions for the Lifeguard Headquarters Rehabilitation Project Contract No. 5594 (CAP12 -0008) [381100 -20141 Approve Amendment No. 1 to the Professional Services Agreement with Project Dimension, Inc. of Irvine, California, at a cost not to exceed $18,520.00, and authorize the Mayor and City Clerk to execute the Agreement. 8. Approval of Amendment No. 2 to the Master Funding Agreement No. C -1 -2776 with Orange County Transportation Authority (OCTA) (C -4959) [381100 -20141 Approve and execute Amendment No. 2 to Master Funding Agreement No. C -1 -2776. 9. Approval of On -Call Repair Services Agreement with Littlejohn - Reuland Corporation for Electric Motor Repair Services (C -5195) [381100 -20141 Approve the three -year agreement with Littlejohn - Reuland Corporation for As- Needed Electric Motor Repair Services for a not -to- exceed amount of $90,000, and authorize the Mayor and City Clerk to execute the agreement. D. MISCELLANEOUS 10. Final Tract Map No. 16882 for Condominium Project at 201 -205, and 207 Carnation Avenue [100 -20141 a) Review and approve Final Tract Map No. 16882 located at 201 -205, and 207 Carnation Avenue pursuant to Section 19.60.010 of the Municipal Code; and b) Review and approve the construction surety bonds as required by Condition 49 of City Council Resolution No. 2009 -52. 11. Adoption of 2014 Sewer System Management Plan [100 -20141 Adopt the City's 2014 Sewer System Management Plan as required by the State Water Resources Control Board. 12. Direction to Staff on Various Issues [100 -20141 a) Direct the City staff to return to the City Council with a proposed policy that would designate a percentage of anticipated development - related fees for environmental protection and /or sustainability efforts in the community, along with a process for allocating revenues generated from the set - aside; and b) Direct staff to return with a staff report showing the process, advantages, and disadvantages of designating the Goldenrod Footbridge (over Bayside Drive) as a historic structure. Motion by Mayor Pro Tom Selich, seconded by Council Member Petros, to approve the Consent Calendar, Volume 61 - Page 618 City of Newport Beach Regular Meeting July 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 Pro Tem Selich, Mayor Hill XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None Xv. PUBLIC COMMENTS ON NON - AGENDA ITEMS Charles Griffin noted that today is the last day to comment on the airport plan and referenced written comments he submitted. He proposed that flights make a right -hand turn after lifting off and that this should be part of the negotiations. Stanley Behrens reported his neighbor has two large trees and although he asked, they will not allow him to trim them. He asked that Council consider establishing a law protecting old and new owners in terms of their views. Council Member Gardner suggested he contact the Corona del Mar Residents Association since they have a tree committee and he may request them to carry the item forward. Tom Moulson explained how he is impacted by the concerts at the Civic Center and he noted that citizens have a right to peace and quiet which is addressed in the City's Municipal Code. He had previously suggested the use of unidirectional speakers to avoid disturbing people that don't want to hear the concert and installation of a sound baffle on the highway side of the bandstand. Although the last two performances have been acceptable, lie noted that the City should resolve this. City Manager Kiff reported that he promised Mr. Moulson that he will review the matter. Lesley Miller commented on the appearance of the beach and complained about increased trash, overflowing trash cans, feces and noted there are no public restrooms and that parking is bad. She reported that she now has rats on her property and wondered regarding cleaning the beach. She is willing to report it if the City does not do anything and regarding parking, she suggested a parking permit program. She specified that she is referring to conditions over the Fourth of July weekend as well as the weekend before. Joe Destell commented negatively on the conditions of the beach and pier and suggested raising the parking fees in order to increase Police patrol. He believes that it presents a negative image for the City. City Manager Kiff suggested that staff bring back a list of what the City does in terms of cleanup and maintenance. He noted that there is a greater influx of people coming to the City every day and earlier in the season so to ensure enough resources are being allocated he can bring a report to Council. Jack Geerlings reported that since the early days, he became well- acquainted with some of the City's Lifeguards and noted that it is a worthwhile endeavor. He commented on the recent passing of Lifeguard Ben Carlson, who gave his life that others might live, and asked that the citizens consider doing something to honor him. He believes there will be many citizens who would be willing to donate. Council Member Petros commented on another recent tragedy involving Newport Beach Police Officer Bob Henry noting that a park was named after him in his honor and memory. He stated he would be interested in doing something beyond a plaque, acknowledging the Lifeguards' role in the City and in particular, honoring Ben Carlson. Council Member Gardner noted that the City is refurbishing the Lifeguard Headquarters and suggested naming it in his honor. Council Member Petros stated he would support that recommendation. Volume 61 - Page 619 City of Newport Beach Regular Meeting July 8, 2014 XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tern Selich reported that the General Plan/Local Coastal Program Implementation Committee met on June 25, 2014, and listed items discussed during that meeting. He added that the Committee asked that staff move forward with the matter as soon as possible and return with a complete draft of the implementation plan with a schedule to process. The Committee also discussed development of a community outreach program to educate residents regarding the matter. Council Member Petros commented on a Bicycle Master Plan Oversight Committee meeting where they reviewed a draft of the Bicycle Master Plan which is now available for public review through July 30, 2014. He added that it is a $30 million/20 -year plan to make an investment in mobility other than automobiles. He listed elements of the plan and programs incorporated into the document and encouraged residents to provide comments on the plan, which is available on the City's website. XVII. PUBLIC HEARING 13. General Plan Land Use Element Amendment - Citywide (PA2013 -098) [100 -2014] Mayor Hill introduced the item and explained the public hearing process. Council Member Gardner stated that Council may want to make changes to what is presented and expressed concerns that the public may want to comment on those changes. Mayor Hill noted that Council will proceed in the manner he described. Community Development Director Brandt reported that this item was initiated by City Council in May 2013. She noted that Community Development staff involved in the process was in attendance as well as Public Works staff and the consultant team. She introduced Woodie Teacher from PlaceWorks and deferred to him for a presentation. She added that an email correspondence was received from one of the property owners of a property that has been considered as part of the project (813 E. Balboa Boulevard), asking to withdraw the property from the project. Consultant Woodie Tescher, PlaceWorks, provided details of a PowerPoint presentation addressing an overview of the process, background, foundation relative to establishing consistency and building on the 2006 General Plan visions, goals and policies, scope of Amendments, study areas, revised designations, reduced future development capacities areas, increased future development capacities areas, new and revised policies, new policies relative to health and sustainability policies, glossary revisions, implementation programs revisions, environmental review and Supplemental Environmental Impact Report (SEIR) traffic findings. Council Member Petros noted that when freeway impacts were assigned in Newport Beach, they were done so under the direction that any trip added to those freeways would constitute an impact. Yet, when the City of Irvine did their vision plan, Caltrans wrote a letter that it uses a threshold of up to 200 vehicles an hour or 30 if the level of service is F. He added that Newport Beach did not use Caltrans' thresholds and noted that using owner - operator thresholds, there would not be those impacts. He added that is also consistent with the John Wayne Airport Settlement EIR. Mr. Tescher agreed with Council Member Petros' comments and continued with the presentation. He addressed the preferred alternative, proposed project in the airport area, Planning Commission recommendations to pull two sites from the airport area, SEIR traffic impact comparisons and Average Daily Trips (ADT) comparisons. He noted the attendance of City Traffic Engineer Tony Brine, Marlie Whiteman from Urban Crossroads and JoAnn Hadfield, CEQA expert. Volume 61 - Page 620 City of Newport Beach Regular Meeting July 8, 2014 In response to Council Member Henn's question regarding the trips associated with the congregate care facility, Community Development Director Brandt reported that it is trip - neutral. Mayor Hill opened thepublic hearing. Tom Callister commented on the 2006 General Plan vision and hoped that Council will look at Newport Center, reject recommendations for increased commercial and residential density in the area and work to maintain the City's character. Marko Popovich, President of Stop Polluting Our Newport (SPON), referenced written comments and requested that Council not support the proposed Amendment, but rather a broad -based community review of the circulation and land use elements. He commented on traffic impacts and expressed concerns with Pacific Coast Highway and MacArthur if development is moved from Newport Coast to Newport Center. He stated that in order to do justice to voters and CEQA, the Amendment should have been done in conjunction with the circulation element and a full EIR as required for major projects. He asked that Council deny the Amendment and maintain Newport Beach as a charming place. In response to Council Member Gardner's inquiry on SPON's correspondence, he stated that a comparison is being made of ADTs to what would happen if the 2006 General Plan were adopted in its entirety. Dorothy Kraus reported that the traffic analysis conducted for this Amendment assumed that a decrease in development in Newport Coast will result in a decrease in ADTs, Those trips were used to reduce trips that would result from increased development in Fashion Island and Newport Center. SPON believes that those are "phantom" trips and noted that it would result in 19,000 ADTs. Council Member Gardner noted the need to clarify the information as it currently causes confusion. Chris Broaddus, President of the Broadmoor Hills II Community Association, read a statement from their board in opposition to increased development in Newport Center noting that it will add a significant increase in traffic thereby, having an adverse effect on the community. Adding this to the already approved projects will cause major gridlock. She stated there is no room to widen the roads and that while it would be nice if everyone could live in the City, Council should not spoil it for those that currently live and work here. She asked that Council not approve the proposed Amendment. Dennis Baker, Treasurer of SPON and representative of the West Flower Streets Corona del Mar Residents Association Board, asked what is in it for the residents. He added that although all intersections in the City should operate at a level D or better, three exceptions exist, which are all located along Pacific Coast Highway. The proposed Amendment does nothing to improve those three, and there is nothing proposed indicating that traffic will improve. The proposed Amendment will result in more traffic, more built -out space, more annual expense and more people entering and leaving the City. Wyatt Mitcham, commented on increased hydrocarbons, traffic and greenhouse gasses noting that cars give off carbon and that they do not go away. He expressed concerns with increasing the City's footprint and increases in traffic. Portia Weiss, SPON Board Member, referenced comments submitted in response to a SPON online petition noting that it may be accessed at www.spon- newportbeach.org. She asked that Council vote no on the proposed Amendment and be a legacy to save Newport Beach for future generations. She read a summary of the petition and highlighted comments submitted by residents. Bill Bennett questioned how the proposed Amendment benefits residents and noted that the Land Use Element Amendment Advisory Committee (LUEAAC) never saw the fiscal analysis and that the Planning Commission indicated it was not relevant but that it is relevant to taxpayers as it will Volume 61- Page 621 City of Newport Beach Regular Meeting July 8, 2014 represent a substantial net loss. He urged Council to vote no and to stop the Amendment from reaching the ballot. Community Development Director Brandt reported that staff contracted with a consultant to provide a fiscal analysis which analyzed the proposed land use changes in terms of property tax revenue, sales tax revenues and other primary revenues and also reasonable associated expenditures in terms of public services. She acknowledged an overall decrease to projected revenues in the fiscal analysis. In response to Mayor Pro Tem Selich's inquiry, Community Development Director Brandt noted that the net change is in terms of the City's net surplus and that even though the City's projected income versus expenses is a positive balance, the projected changes reduce that balance by $5.3 million. It does not place the City in a deficit, but it is an incremental decrease in overall revenues. In response to Council Member Henn's inquiry, it was noted that the remaining surplus would be $16.4 million. Council Member Curry clarified it is a function of the fact that the City is eliminating hotels that generate revenue through Transient Occupancy Tax (TOT). Mayor Hill noted that based on the report; there would be a reduction of the profitability, not non- profitable. Community Development Director Brandt affirmed that would be with all 18 land use changes. Mayor Pro Tern Selich added that the biggest component of that is the elimination of the hotel rooms. Carl Cassidy spoke to Attachment 10 and stressed that the economic study provides for a $5 million loss and that in order to get to a surplus, there will need to be a $20 million cut in City services. He wondered why Council would vote for a plan that is fiscally irresponsible. He noted the use of untimely economic assumptions and results of the fiscal analysis. A resident of Newport Beach stated that the 8,500 additional yearly people using the roadways is very misleading as one area in the City would make up for the increase in another area. She commented on current developments around the City noting that they will increase the number of people coming into the City. Council Member Gardner clarified that ADTs are Average Daily Trips. In reply to Council Member Petros, Community Development Director Brandt confirmed that when impacts were assessed for the EIR, County growth was considered. Barry Allen stated that the proposed Amendment will result in 20,000 new car trips in Newport Center and Fashion Island, without including the airport area. He stressed that this is a residential community and that the proposed Amendment will only benefit The Irvine Company. Doug Lassard, Belmont Village Senior Living, identified the site of their proposed development in the airport area which will be a fully - licensed assisted living facility. He added that the use in Newport Beach is called congregate care and noted that it is allowed in very few sites within the City. He proposed an amendment to the anomaly table to increase the Floor Area Ratio in order to make the project trip neutral, added that the Planning Commission recommended keeping the site as part of the plan and asked that Council do the same. He addressed the operation of the facility and commented on other projects in Southern California. In response to Mayor Pro Tern Selich, he indicated willingness to contribute to affordable senior housing in the City with contributions from $4,000 up to $200,000. Volume 61- Page 622 City of Newport Beach Regular Meeting July S, 2014 Bruce Beardsley commented on traffic noting that it is harder to travel into Orange County than it is to Los Angeles. He expressed concerns with safety vehicles being able to respond to emergencies and asked Council to vote no on this issue. Enrique Gonzalez stated that growth is no longer progress and that bigger is no longer better. He urged Council to keep the community the way it is and keep it simple and stated that residents do not want more big buildings. Bruce Bartram commented on the Airport Land Use Commission (ALUC) and the dangers of allowing residential development in the airport area. He referenced a June 11, 2014 letter from the ALUC in response to the City's intent to overrule their determination, and read excerpts from same. He noted that the letter stated that according to the California Public Utilities Code, if a public agency "overrules a commission's actions or recommendations, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to overrule the commission's action or recommendation ". He requested Council factor that into their decision. Karen Tringali, President of the Corona del Mar Residents Association, addressed public outreach and wondered regarding the proposed Amendment's benefits to residents. She expressed concerns with higher density and traffic, commented on Council's and staffs work to develop a fiscally sound and stable environment and indicated there is no need to rush to act on this matter. She reported that it is in Council's power to set aside the Amendment at this time and look at more purposeful planning to include residents from every neighborhood. Tom Baker indicated this matter is more than an Amendment to the General Plan but that it is a significant change to the 2006 General Plan, which had significant input from residents. He opined that the Amendment should not be approved noting that it gives unearned advantage to developers; to the detriment of residents. He expressed concerns with more traffic and higher travel times and hoped that Council will not approve the matter but instead open it to Citywide input. Dorothy Kraus, SPON Board Member, commented on broken promises and conservative growth strategies. She added that residents cherish safe and efficient circulation and commented on a responsive Council and staff, reduced traffic Citywide, reduced new commercial office and industrial space and supporting efforts to acquire Banning Ranch for open space. She urged Council to keep the promises made in 2006 and vote no on this matter. Rick Weiss noted he drives between Fashion Island and Newport Heights daily and observes gridlock on Pacific Coast Highway out of Fashion Island. He expressed concerns with increased traffic and congestion and decreased revenue. He added that he has not spoken to anyone who supports more congestion and traffic. Nancy Skinner, SPON Board Member, commented on what it was like before the new bridge crossing the Bay was constructed and noted that the City is unique in terms of how the community is laid out and asked regarding the downside of denying the proposed Amendment. She urged Council to deny the matter or face a huge fight. Patrick Strader, representing John Saunders who owns Saunders Properties, noted that this process has gone on over a year. He added that it has been a good process and reported that the ALUC typically does not find consistency in projects because they push their liabilities off by finding inconsistencies which force jurisdictions to override them. He encouraged citizens to vote on this matter and urged Council to push the matter forward and allow democracy to decide whether it should move forward or not. Volume 61 - Page 623 City of Newport Beach Regular Meeting July 8, 2014 Steve Rosansky, President/CEO of the Newport Beach Chamber of Commerce, commented on the Coalition for General Plan Accountability and conducting an education outreach program to the City. He added that over 800 comment cards were submitted to the City, yesterday, and submitted an additional 120 cards. He noted that it has been a long process and hoped that resident comments will be addressed in the plan. Anita Meister -Boyd expressed frustration with politics and felt that the City is not listening to constituents. She added that the honorable thing to do is to listen to the residents' needs, take time out and be the good representatives Council promised to be. Nancy Alston stated that her son felt he had moved to paradise when moving into the City. She added that her family would like to keep it that way and read a statement from SPON Board Member Jean Watt and expressed agreement with prior resident comments. She added that it is time to avoid a contentious election. Judy Shepard reported she has been a resident of the City for 131 days and that she moved out of Laguna Beach because of the gridlock there. She stated that Council will be stuck in a gridlock too and urged that Council vote no to growth. George Jeffries reported working on Greenlight so that the people of the City would have an opportunity to overcome the abuses placed on it by prior City Councils. He noted that the majority of residents at this Council meeting are against The Irvine Company, not the other parts of the Amendment. He suggested that Council vote on The Irvine Company project and bifurcate it from the election adding that residents will then get the best parts of the Amendment and avoid difficulties raised by The Irvine Company. He suggested that The Irvine Company move to Irvine and urged Council to do the right thing about land use. Charles Griffin felt that the City is putting the cart before the horse. He noted the need to develop a new source of energy, commented on a power plant in Lake Forest and the use of underground for transportation. He encouraged saving the surface for enjoyment and open air. Catherine Lincoln expressed concerns that the consultant spoke about generalities and opined that not all of the information is in that would allow residents to properly assess the matter. She urged Council to vote against the item. Jim Mosher noted that residents do not know what Council thinks about this matter. He commented on his attendance at the LUEAAC meetings and listed reasons why Council should oppose this item. He suggested the need to solicit additional resident input and stated that the 2006 General Plan is working too well for developers. The Irvine Company gobbled up allocation in eight years that was given for 20 years. He added that is not the residents' vision and should not be Council's vision. He addressed comments by SPON, the Chamber of Commerce, and noted the Planning Commission and the LUEAAC did not have the benefits of the recent publics' comments. He requested they look over these public comments. There being no further testimony, Mayor Hill closed the public hearing. Mayor Pro Tem Selich, as Chair of the Land Use Element Amendment Advisory Committee, stated that he has heard the comments tonight which have reinforced comments heard over the last 2 -3 months from residents, property owners and many people throughout the community. He noted he would offer a motion that provides a response to concerns and will speak to the motion if it gets a second. Motion by Mayor Pro Tem Selich, seconded by Council Member Petros, to approve the recommendations of the Planning Commission with the following changes: Area 4A (Airport Area) commonly known as the Saunders Property, that the square footage allocation remain at 306,923 square Volume 61 - Page 624 City of Newport Beach Regular Meeting July 8, 2014 feet but that the Land Use designation be changed from AO to MU -H2; that proposed Anomaly No. 83 be modified to reflect the existing 306,923 square feet with the additional information notation that any residential units be located outside the 65 CNEL Noise Contour of John Wayne Airport; that Policy LU 7.14.5 and Figure LU 22 be revised to include area 4A and that Policy 7.14.14 be revised appropriately to reflect the proposed changes (he added that he will provide the exact language when he speaks to the motion and that the objective is to have an airport area that is "trip neutral"); Area 4D, the Congregate Care Facility, he suggested the addition of a new policy regarding the affordable senior housing contribution of up to $200,000 in conjunction with the development of that facility; Area 17 at 150 Newport Center Drive in Newport Center and the proposed hotel, he suggested deleting it from the Land Use Element changes; revise Policy LU 7.13.4 to remove the last sentence inserted by the Land Use Element Amendment Advisory Committee and approved by the Planning Commission which allows increased height in Block 100. Add a new policy, LU 7.13.11 for the Newport Center, a new figure illustrating a Corona del Mar Traffic Management Bypass Plan and that the Bypass plan be implemented and in place and in operation prior to the issuance of a Certificate of Occupancy for any office or commercial square footage or residential unit permitted by this Amendment; accept all of the changes requested by SPON in its letter of May 16, 2014 to the Planning Commission as follows: Page 2 of the Land Use Element that it retain the existing language and add the word "visitors" and that it retain the existing language for Policies LU 1, LU 1.3, LU 1.4, LU 3.1, LU 4.6, LU 7.5.3, LU 7.5.4, LU 7.7.6 and that LU 7.13.4 be modified as SPON requested which was in his previous statement on the 150 Newport Center Drive portion of this motion. He added an additional Statement of Overriding Consideration regarding an overall decrease in Average Daily Trips (ADT); and 813 E. Balboa Boulevard be deleted. With a second to the motion, Mayor Pro Tem Selich spoke to his motion. He commented on the LUEAAC process and responded to questions as to why an Amendment is being done now in lieu of a comprehensive update. A General Plan update as done in 2006 is a once in a generation effort which takes so long and leads to updates that are outdated once it is adopted. Land Use changes are the most prevalent as economic conditions and land ownership are constantly changing. Some elements may need amendments such as the Housing Element and noted State planning guidelines state a review of the General Plan every 8 years. He discussed the focus on the Land Use Element as the driver of the other elements in the General Plan and if they had foreseen a review of the Land Use Element would require changes to the other elements they could have included the appropriate elements in the initial look or at the time they sent the project for CEQA review but they did not emerge during the review process. He provided the goals to the review process, noted that LUEAAC reviewed all the information, sent the project to Planning Commission then on to City Council for review as it did not meet the goal of traffic reduction and it was not deemed appropriate for them to delete portions of the project as that should be done by the Planning Commission or City Council. He rejected the idea that this is piecemealing of the General Plan noting no changes in designations or redesignations, commented on the timing of the Amendment process, and discussed additional criticisms. He utilized a PowerPoint presentation on his proposal addressing ADT comparisons with a decrease, the Airport Area — Saunders Property, the revised Policy LU 7.14.5 and Figure LU22 to include Area 4A, and revised new Policy LU 714.14. Discussion ensued regarding the Development Agreements on how new commercial development is prohibited which was part of his motion. He continued with his presentation addressing a new Policy for Anomaly No. 6 in Airport Area which he confirmed is trip neutral, revised Policy LU 7.13.4 for Newport Center, new Policy LU 7.13.11 Bypass Plan, and the concept Bypass Plan. There was discussion on the Bypass Plan and the language used. Council Member Gardner suggested Council hear all the information and continue the item. Mayor Pro Tern Selich proceeded with his presentation regarding Additional Statement of Overriding Consideration, and acceptance of staffs recommendation regarding deletion of 813 E. Balboa Boulevard. Council Member Petros reiterated that his second to the motion was based on there being further consideration regarding trips and trip making in Newport Center. He believes the proposal on the table Volume 61 - Page 625 City of Newport Beach Regular Meeting July 8, 2014 reflects a reduction of traffic generation compared to the 2006 General Plan. He addressed the Sustainable Community Strategy and commented on the reduction of greenhouse gas production and emissions noting that Land Use goal 4 has measures to comply with this Strategy. He provided a PowerPoint presentation regarding Newport Center and suggests adding to the motion the revision of new Policy LU 7.13.9 regarding reduction of vehicle trips and the addition of new Policy LU 7.13.12 pertaining to transit alternatives. Substitute motion by Council Member Gardner, to continue the item to a future meeting to include public comments so they can respond to the new suggestions. Due to lack of a second, the motion failed. Council Member Gardner requested additions to the original motion. She requested to remove "economically" in Policy LU 2.2 and go back to the original Policy. She noted Policy LU 3.4 originally said to limit increases and now emphasizes it so she is bringing it up in case it changes. In the Policy Overview for Balboa Village, original language stated throughout Peninsula priority is established for the retention of Marine related uses and this language should be maintained. Additionally, Policy LU 7.12.6 offering incentives to Balboa Village should be Citywide, not only the Village, and Policy LU 7.19.6 should include working with "residents" as well as local businesses and organizations. Council Member Gardner's proposed changes were accepted by Mayor Pro Tern Selich and Council Member Petros. Council Member Henn disagreed with a proposed change regarding the Balboa Village and prefers those Policies not be changed. To clarify which Policy, he referenced the July 1 SPON letter discussing the relation of Balboa Village and believes the Master Plan should be incorporated into the General Plan. During discussion regarding the SPON letter, it was determined the July 1 letter was not incorporated in the motion and only the May 16 letter was included in the motion. He commented on Council Member Gardner's proposed change to the Balboa Village incentives and stated those incentives were part of the Balboa Village Master Plan and doesn't want to do something conflicting with that. Council Member Gardner does not believe Balboa Village should be singled out for incentives and noted her previous objections prior to the meeting. Council Member Henn requested that one of the proposed changes by Council Member Gardner in relation to Policy LU 7.12.6 be eliminated. A straw vote was taken relative to Council Member Henn's request. The request carried 5 -2 with Council Member Gardner and Mayor Pro Tem Selich voting no. Amended motion by Mayor Pro Tom Selich, seconded by Council Member Petros, to accept Council Member Henn's request. Mayor Pro Tern Selich suggested a change to the Bypass Plan language removing the words "as conceptually depicted in Figure 21 -1" and removing Figure 21 -1, so it generally describes a plan to be worked out later. After discussion, Council approved the additional change. Amended motion by Mayor Pro Tom Selich, seconded by Council Member Petros, to eliminate the wording in "as conceptually depicted in Figure 21 -1" and remove Figure 21 -1. In response to Mayor Hill, Mayor Pro Tom Selich provided the cost of implementation is to be determined and to be paid for by the proponents and will not be a City expense. Council Member Curry noted that regarding Council Member Petros' addition of new Policy LU 7.13.12, he is reticent about mandating use of a strategy that may not work. Council Member Petros stated this Volume 61- Page 626 City of Newport Beach Regular Meeting July 8, 2014 XVIII. is an asset within the City's ability to affect change, and discussed a possible bike share. Council Member Henn expressed concerns that the language could be too prescriptive. He offered a change to part of the language to state "toward the goal of increasing the transit use" which is not mandating its occurrence. Council Member Petros accepted that change. Further, Council Member Petros explained the revision of new Policy LU 7.13.9. Discussion ensued and changing the language to read "comprehensive program that pursues the goal of a measurable reduction in vehicle trips" was suggested. Council Member Petros accepted the change. Mayor Pro Tem Selich accented both changes to the amended motion, seconded by Council Member Petros. Community Development Director Brandt noted that the amended motion reflects a project that is not what Planning Commission recommended, is not the proposed project in the EIR, or the no project alternative or no airport area alternative. She asked in regards to the Resolutions prepared if Council would like to include in the motion a direction to staff to make the appropriate changes reflecting the motion or direct staff to return at a later meeting with all of the documentation reflecting actions contemplated. If Council would like to take the action tonight with the Resolutions, staff would like to make additions as well. Substitute motion by Mayor Pro Tem Selich, seconded by Council Member Petros, to close the Public Hearing and direct staff to return with documentation reflecting all of the changes discussed by the City Council. City Manager Kiff provided the process of a closed public hearing versus a continued public meeting. City Attorney Harp confirmed the public would still have the opportunity to comment during the public meeting. The substitute motion carried by the following roll call vote: Ayes: Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill Abstain: Council Member Gardner 14. November 4, 2014 General Municipal Election - Ballot Measure [391100 -2014] City Manager Kill noted that the aforementioned item will be continued until the next City Council meeting. Mayor Hill opened public comments. The following public comments were in relation to preceding Item No. 13 (General Plan Land Use Element Amendment — Citywide) Barry Allen expressed confusion and noted that it seems that the only changes to the proposed deal are the language and nothing is being changed in regards to the building in Newport Center. He opined that there should be additional public comment when this item returns before City Council because traffic has not been addressed. Mayor Hill stated that there will be opportunity for public comment on this matter when it returns before Council. City Manager Kiff confirmed that the public will have the opportunity to comment in two weeks. Council Member Henn added that the public also has the opportunity to submit written comments prior to the July 22, 2014, meeting. Volume 61 - Page 627 City of Newport Beach Regular Meeting July 8, 2014 Discussion ensued regarding the motion for Item 13. City Attorney Harp clarified that Council directed staff to return with the revised documents for final approval at the next City Council meeting. Council Member Curry acknowledged the public's concerns and noted that changes reflect some of those concerns, such as significantly reducing the airport project. In response to Council Member Gardner's inquiry, Community Development Director Brandt reported that staff will provide a packet with Resolutions and environmental documentation as it was prepared as part of the final EIR. Numbers will be verified as they relate to ADTs as well as impacts. She added that the Bypass Plan is a concept and would need to have its own environmental analysis at the time it is developed. Council Member Gardner indicated it would be nice to see results of modelling relative to traffic noting that otherwise, residents will be unable to evaluate what is being proposed. Community Development Director Brandt added that the Policy discusses a plan in concept and that the concept would have to be fully developed and evaluated and would need to go through City review channels and appropriate traffic models. She reported that the plan is not required by the EIR and its findings for the proposed project. Council Member Petros commented on the need for a demonstration that, by virtue of what Council just did, will result in zero sum or no net change in the airport area and a total reduction in traffic generated by this proposal compared to the 2006 General Plan. He added that he would like to see traffic levels going down. There being no further testimony, Mayor Hill closed public comments. Motion by Council Member Curry, seconded by Mayor Pro Tem Selich, to continue the item to the July 22, 2014 City Council meeting. 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 XXII. ADJOURNMENT –Adjourned at 11:03 p.m. in memory of Ben Carlson The agenda for the Closed Session and Regular Meeting was posted 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 on July 3, 2014, at A-nn – — _ n , r� City Clerk Mayor Volume 61 - Page 628