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HomeMy WebLinkAbout01 - MinutesAugust 12, 2014 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 22, 2014 I. ROLL CALL - 6:14 p.m. Present: Council Member Gardner, Council Member Petros, Council Member Curry, Mayor Pro Tern Selich, Mayor Hill Absent: Council Member Daigle (excused), Council Member Henn (excused) II. PUBLIC COMMENTS Regarding Closed Session, Jim Mosher believed that Council has not publicly discussed whether the sale of the subject property is in the public's best interest, although it is the last item on the regular meeting agenda. He added that, if Council needed further instruction to the negotiator, to do so after a decision has been made to sell the property rather than before. City Attorney Harp announced that Council will adjourn to Closed Session to discuss the item as listed in the Closed Session agenda and read the title. III. CLOSED SESSION - 6:16 p.m. A. (Government Code § 54956.8): 1 matter Property: 1499 Monrovia, Newport Beach, 92663; APN: 424 - 401 -14 Agency negotiator: Dave Kif£, City Manager Negotiating parties: Kobe Inc., Andrea Fairchild, President Under negotiation: Instruction to negotiator regarding price and terms of payment. IV. CONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Gardner, Council Member Petros, Council Member Curry, Mayor Pro Tern Selich, Mayor Hill Absent: Council Member Henn (excused), Council Member Daigle (excused) VI. CLOSED SESSION REPORT City Attorney Harp announced that there were no reportable actions taken. VII. PLEDGE OF ALLEGIANCE -Council Member Petros VIII. INVOCATION - Council Member Curry IX. PRESENTATION Presentation of Plaques to Outgoing Board and Commission Members Volume 62 - Page 1 City of Newport Beach Regular Meeting July 22, 2014 Mayor Hill presented plaques to outgoing Civil Service Board Member Douglas Coulter, Planning Commissioner Fred Ameri, and Harbor Commissioner Karen Rhyne in appreciation for their service and contributions to the City. Members of Council commented on their commitment to the City and thanked the outgoing Board and Commission Members for their work and dedication. Planning Commissioner Ameri commented on his tenure on the Commission and expressed his appreciation for the opportunity to serve. Public Works Director Webb introduced the new Public Works Deputy Director, Mark Vukojevic. 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 Gardner requested placing two future items for possible consideration: 1) whether to give direction to the Parks, Beaches and Recreation Commission to review sites for a dog park and 2) whether to ask the Harbor Commission to consider the possibility of implementing late fees on mooring permits and whether to change the way non - residents pay fees. Council Member Petros noted that former Mayor Don Webb is in the audience and commented on the City's seal, noting that it was designed by local artist Rex Brandt. He reported having an opportunity to learn more about the artist at a recent exhibit at the Laguna Art Museum that will be ongoing until September. He encouraged residents to visit the exhibit and added that there will be a smaller retrospective of Mr. Brandt's art in Newport Beach in the fall. Mayor Pro Tem Selich announced the birth of his grandson, Benjamin Schmidt, and displayed photos. Council Member Curry referenced his recent article in the newspaper regarding the Grand Jury report on the airport and reported that a member of the Queens Quiet Skies organization from New York read it and met with him. He explained that the Queens Quiet Skies is a citizen's group focused on the impacts of noise in New York, the design of lift -off and take -off patterns, and the reporting of noise. He suggested that the Aviation Committee, any appropriate organizations, and staff contact the group to see what can be learned and how to build a national coalition to work effectively with the Federal Aviation Administration (FAA) in responding to neighborhood issues. XII. PUBLIC COMMENTS ON CONSENT CALENDAR Council Member Curry expressed support for Item 6 (Parking Lot Lease Agreement with Harbor Day School), adding that it will address a very significant traffic and circulation issue in the area. XIII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. Minutes for the July S, 2014 Regular Meeting [100 -2014] 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. Volume 62 - Page 2 City of Newport Beach Regular Meeting July 22, 2014 B. CONTRACTS AND AGREEMENTS 3. Big Canyon Diversion -Completion and Acceptance of Contract No. 5556 (CAP 14-0029) [381100 -2014] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; and 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 release the Faithful Performance Bond one year after this Council acceptance. 4. Approval of On -Call Maintenance Repair Agreement with Zebron Corporation for As- Needed Sewer Manhole Lining Services (C -5094) [381100 -2014] Approve the three -year agreement with Zebron Corporation for As- Needed Sewer Manhole Lining Services for a not to exceed amount of $225,000, and authorize the Mayor and City Clerk to execute the agreement. 5. Contract with Former City Employee, Charles Freeman (C -5887) [381100 -2014] Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with a former employee, Mr. Charles Freeman, to temporarily fill the position of Special Investigations Sergeant. The employee currently filling this position has been promoted and is immediately needed in the Patrol Division. C. MISCELLANEOUS Planning Commission Agenda for the July 17, 2014 Meeting [100 -2014] Receive and file. 8. Days/Hours of Operation of City Facilities from December 24, 2014, through January 1, 2015 [100 -2014] Modify the days and hours of operation of the City Hall complex and other City facilities between December 24, 2014, through January 1, 2015, and authorize the City Manager to determine the parameters of partial or full day closures on Christmas Eve and New Year's Eve. Motion by Mayor Pro Tern Selich, seconded by Council Member Petros, to approve the Consent Calendar, except for the item removed (6). The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Mayor Pro Tern Selich, Mayor Hill Absent: Council Member Henn, Council Member Daigle XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. Parking Lot Lease Agreement with Harbor Day School, and Amendment to Deed Restrictions to Allow the Construction and Operation of Both the Parking Lot and a New City Maintenance Yard Building Located at the Big Canyon Reservoir Site, 3300 Pacific View Drive (C -5888) [381100 -2014] Council Member Gardner commented on a safety issue considered by the Bicycle Master Plan Oversight Committee regarding parking for Harbor Day School and San Joaquin Hills Road. She asked if it could be encouraged that San Joaquin Hills Road not be used for parking to increase safety. Volume 62 - Page 3 City of Newport Beach Regular Meeting July 22, 2014 Council Member Petros agreed with Council Member Gardner's comments and added that he has attended meetings with the City and the Police Department regarding circulation on Pacific View Drive and believed that this would be a win -win for the school to provide safe parking and circulation for the student body and visitors, and for the local community and visitors to Pacific View Memorial Park. He added that the Bicycle Master Plan Oversight Committee is considering a buffered bike- way down San Joaquin Hills Road so that there will be separation between vehicles and bicycles. Motion by Council Member Gardner, seconded by Council Member Currv, to approve and authorize the City Manager and City Clerk to a) execute the Amendment to Indenture Covenants and Restrictions and Quitclaim of Road Easement amending the deed restriction at the Big Canyon Reservoir site; and b) execute a twenty -five (25) year lease agreement with an annual rent of $11,440 per year, as adjusted annually by the Consumer Price Index (CPI), and authorize the City Manager or his designee to enter into the agreement with Harbor Day School. Jim Mosher noted that this proposal uses a public lot adjacent to the City's water supply at Big Canyon Reservoir. He indicated that, when this matter was before the Planning Commission, there was concern whether enough thought had been given to whether this proposal would endanger the City's water supply by permitting public use close to it, and staff ensured that those concerns would be addressed in the contract. He asked whether that has been considered and if it is addressed in the contract. City Attorney Harp reported that uses are limited in the contract and noted that those concerns have been addressed. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Mayor Pro Tern Selich, Mayor Hill Absent: Council Member Henn, Council Member Daigle XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS Denys Oberman, speaking on behalf of herself and a group of Lido and Peninsula residents, expressed concerns with the proposed use of the old City Hall site. She thanked Council for listening to the public and approving a hotel, but expressed concerns with the delay of the project, noting that there have been no General Plan or Zoning Amendments. She asked why those amendments were not completed at the time that Council directed staff to prepare those, noted that the report and staff documents continue to reference a residential and mixed use component in both of the proposed amendments, and asked why there is persistence in including that. She indicated that the public objected to residential use, was in favor of a hotel use, and requested that Council direct staff to eliminate those references in the General Plan and Zoning Amendments. Additionally, she expressed concerns that there seems to be the absence of an operator as part of the hotel team and stated they would like Council to provide information about the operator. City Attorney Harp reported that the matter will be returning to the Planning Commission for additional consideration and will be brought to City Council. He added that from a CEQA perspective, the project will be analyzed all at once and that there is no bait - and - switch going on. In response to Council Member Petros' question, City Attorney Harp confirmed that nothing, other than a boutique hotel, will be developed on that site. Council Member Petros agreed that it is taking a long time but that it is not due to the City. Volume 62 - Page 4 City of Newport Beach Regular Meeting July 22, 2014 Steve Rosansky, President of the Newport Beach Chamber of Commerce, invited City employees to the First Annual Employee Appreciation BBQ on July 24, 2014, at the Civic Center. Additionally, he announced that WAKE UP! Newport will be hosting a Candidates Forum on August 14, 2014, at the Central Library Friends Room. Additional information can be obtained at www.newoortbeach.com. Doug Swardstrom, Friends of the Fire Rings, commented on the charcoal -only ordinance and wondered if the City is comfortable in its position regarding its health and safety, including lighter fluid, and if the City is still providing free charcoal. He referenced AB 1102, noting that staff is stating that beach attendance has never been higher, the use of the fire rings has never been more, and people have never been happier. He asked if the existence of quantifiable data is available in support of these statements. Also, he wondered if the City has done anything to look at alternatives, like the use of charcoal and wood to still stay in compliance with Air Quality Management District (AQMD) Rule 444. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XVII. PUBLIC HEARINGS 9. 191 Riverside Avenue Land Use and Zoning Amendments (PA2014 -210) [100 -2014] Community Development Director Brandt requested continuing this matter to the next City Council meeting of August 12, 2014. Mayor Hill opened the public hearing. There being no testimony, Mayor Hill closed the public hearing. Motion by Mayor Pro Tern Selich, seconded by Council Member Petros, to continue the item to the August 12, 2014 City Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Mayor Pro Tern Selich, Mayor Hill Absent: Council Member Henn, Council Member Daigle 10. General Plan Land Use Element Amendment - Citywide (PA2013 -098) [100 -2014] Community Development Director Brandt introduced the item and provided a PowerPoint presentation highlighting the changes proposed at the last City Council public hearing. She addressed background, study areas, Council modifications, reduced future development areas, increased future development areas, total future Average Daily Trips (ADT) comparison, revised text and policies, new policies, the Corona del Mar Traffic Bypass Plan, and the total annual fiscal effect. Mayor Pro Tern Selich reported attending a recent meeting of the Corona del Mar Residents Association where much of the discussion centered on the amendment to Policy LU 7.13. 11 related to the Corona del Mar Traffic Bypass Plan, specifically, the reduction or elimination of tolls on the San Joaquin Hills Toll Road. He stated that it might be appropriate to indicate that it will be reviewed as part of the Bypass Plan. He suggested adding language at the beginning of that Policy stating that, "Through one or more development agreements, address the funding to analyze a Corona del Mar Traffic Bypass Plan to divert vehicular traffic and limit traffic congestion in the Corona del Mar area. The Bypass Plan shall, among other things, identify traffic measures that divert traffic on surface streets, such as new signage and also pursue the reduction or elimination of the tolls on the San Joaquin Hills Toll Road from Newport Coast Drive to the west and be implemented only if it is determined to be consistent with the City's Circulation Element. The Bypass Plan shall be Volume 62 - Page 5 City of Newport Beach Regular Meeting July 22, 2014 considered by the City Council as part of the development agreement for any project that uses any or all of the 500,000 square feet of office, 50,000 square feet of regional commercial, and/or 500 dwelling units identified in Table LU2 (Anomaly Location 84) ". Council Member Petros noted that this is a second public hearing and an opportunity for residents to discuss this matter. He added that even if Council were to move forward with this plan, there might be legislative or regulatory documents that would not only allow for the development in Newport Center, but also to go forward with other developments on the coast. He requested she comment on the matter. Community Development Director Brandt reported that the City has a development and pre - annexation agreement with The Irvine Company relative to the Newport Coast development which allows the Newport Coast development to be consistent with County approvals and their Local Coastal Program. The City does not issue building permits for the Newport Coast area until such time that the Local Coastal Plan is completed or the City takes over the permitting authority in that area. She noted that this has not occurred to date and added that the development agreement's public benefits have all been fulfilled by the developer and there are few dwelling units left and development potential remaining. The Irvine Company has indicated that, at this time, it is not their desire to develop additional hotel rooms or dwelling units. She emphasized that there is nothing within the development agreement that requires them to build them. She added that The Irvine Company has submitted a notice of termination of the development agreement contingent on the City approving the General Plan Amendment and the City electorate ratifying it in November. Council Member Petros commented on statements that it is inappropriate for Council to take up the Land Use Element without also considering the Circulation Element and stated that the City's traffic study provides evidence that the proposed traffic levels for the Amendment in the proposed project and in the reduced intensity, would result in no reclassification of highways and minor changes to the intersections in the City. He added that correlation between the Land Use Element and the Circulation Element can be demonstrated at this point. Regarding potential changes to Policy LU 7.13.11, Council Member Gardner indicated that she has no problem with the toll road, but expressed concern regarding the change to the language relative to consideration of the Bypass Plan. Assistant City Attorney Mulvihill reported that the concern, from a legal standpoint, has to do with the findings currently before Council. Should Council take action, it will be making certain findings as to the needs to recirculate the CEQA document to fully analyze all of the impacts, as well as whether or not changes that have been made to the project since it was reviewed by the Planning Commission are major changes. If they are major, they should be referred back to the Planning Commission for discussion. The desire is to maintain this project on the ballot and staff has suggested that, by adopting the subject Policy, the same goals will be achieved but does not commit the City to a Bypass Plan at this time. Council Member Gardner added that she is concerned that, in trying to make the deadline for the November election, there is not enough time to analyze these matters fully. Council Member Curry stated that both the existing and proposed plans generate surplus revenue, not deficits to the City and commented on assumptions made in terms of office rentals and the value of residential properties. He added that hotel properties were eliminated and that hotels generate a lot of revenue. He pointed out that revenues have been reduced because of the reduction of trips, but a significant surplus will still be generated. Brief discussion followed regarding the source of the new numbers for assessed value Volume 62 - Page 6 City of Newport Beach Regular Meeting July 22, 2014 Mayor Hill opened the public hearing. Don Beatty expressed concerns with the accuracy of the numbers and took issue with increased traffic. Nick Slevin stated that he is impressed by the plan, in terms of prioritizing development in the right areas, reducing traffic City -wide, reducing daily trips, decreasing homes and hotel rooms that can be built on the coast, protecting the Harbor, and fighting the expansion of John Wayne Airport. He expressed support for giving the voters the final say in the future of the City, and encouraged Council to approve the General Plan Land Use Element Amendment and place the measure on the ballot. Barry Allen referenced an article in the Orange County Register on July 10, 2014, regarding Council paring down the development plan. He believed that the taxpayers will be paying for The Irvine Company's amendment that does not benefit anyone except The Irvine Company. He added that the cost for the amendment is $1 million, noted that residents are concerned with traffic, addressed increased traffic, and urged Council to deny the plan. omw Elaine Linhoff asked that Council not put this measure on the ballot as she feels this will fail. She expressed concerns with increased traffic going west from Newport Center towards Huntington Beach and a bypass plan through Mariner's Mile. She asked that Council not add more development to Newport Center. Bruce Bartram referenced Page 5 of the staff report regarding the plan not resulting in the addition of significantly new information meriting recirculation of the SEIR. He believed that it is a misstatement and grounds for recirculation. He added that all of the information proposed at the previous Council meeting is new mitigation measures and should be subject to recirculation, public review, and comment. Dennis Baker expressed concerns with impacts to traffic and traffic flow without considering the Circulation Element. He spoke in support of eliminating tolls on San Joaquin Hills Toll Road, addressed the proposed Bypass Plan, and expressed concern with placing this matter on the ballot and fixing it later. Additionally, he commented on increased traffic from Avocado to Poppy. Debbie Stevens thanked Mayor Pro Tern Selich for listening to residents' concerns. She expressed confusion with the numbers in the report relative to reduced traffic with the proposed Amendment and stated that a property was eliminated by the developer when the City should be dictating the best use of the land. Additionally, she believed that the developer should pay for the EIR and not taxpayers, stated her opposition of the Amendment and agreed with eliminating tolls on San Joaquin Hills Road, but believed it may have a high price tag. Steve Rosansky, President of the Newport Beach Chamber of Commerce, commented on the Coalition for General Plan Accountability cards received from residents and submitted another 65 cards indicating that residents are concerned about traffic and the airport. He noted that the 2006 General Plan addressed those issues and expressed concerns that the City is not good at keeping things up -to -date, including park fees and tideland rental fees, and stated that he is glad to see that the City is addressing this on a timely basis. He believed it is time to make adjustments that would reduce trips, places development where it needs to be, and protects many areas of the City. He expressed support for the plan, putting it to a vote of the people, and encouraged Council to vote yes. Jean Watt stated that the Amendment should not go to a vote because it is incomplete and should have been studied along with the Circulation Element. She addressed wrestling with the issue of complete streets and believed that the issue should be addressed prior to considering adding traffic to already- impacted arterials. She added that presenting the plan as an overall reduction to ADTs Volume 62 - Page 7 City of Newport Beach Regular Meeting July 22, 2014 City -wide is insulting to voter intelligence. She expressed the opinion that this ignores too many pieces of information, including comments from Caltrans in terms of levels of service, the true nature of where the paper reductions occur and how new trips affect the busiest roads in the City, and how it changes the character of the City and provides no assurances that the trips will not pop up again in Newport Coast. She indicated that these issues should be determined prior to putting the matter to a vote, and expressed concerns with empty promises and placing the matter to a vote before determinations have been made by other agencies. She believed that the project, as presented, is an injustice to the voters. Nancy Skinner stated that traffic is one of the biggest threats to the residential quality of a city, and no one believes that adding office space, commercial space, and high density residential to Fashion Island will not add more car trips. She expressed concern about adding more traffic than there is today. She commented on the calculations by the consultant that make it look like residents will benefit, but stated that citizens care about traffic issues and cannot see how this will benefit the community. Kory Kramer, Land Use Element Amendment Advisory Committee Member and Planning Commissioner, reported that he has spent over 15 months working on this project and expressed his support. He believed that this is a reasonable, balanced proposal which will allow for continued measured growth. While the proposed Amendment is not perfect, he stated that it goes a long way to making the 2006 General Plan more effective and efficient, and he urged Council to let citizens have the choice to ratify it. Allan Beek expressed concern with the last- minute rush to make changes to meet the deadline for the election. He urged Council not to be in such a hurry and that 2016 is soon enough to make any changes that are needed. He questioned what changes are needed, noting that hotels are not full, that there are signs all over the City advertising office spaces for lease, and residents are not suffering from a lack of shopping centers, high- rises, and traffic. He added that the present General Plan is working well and controls growth and, if the people of Newport Beach wanted to change that, they would complain. Karen Tringali stated that residents have expressed a desire to stop this and wondered what the rush is. She acknowledged that Mayor Pro Tem Selich understands the issues raised by the Corona del Mar Residents Association in terms of levels of service at specific intersections, but agreed with Council Member Gardner's comments in terms of decimating an opportunity from a definite proposal to a concept proposal. She added that the over - reaching concern is traffic. Joe Stapleton, Harbor Commissioner, spoke in support of placing this item on the ballot. He commended Council for recognizing residents' concerns and cutting back the original proposal. He addressed the Land Use Element Amendment Advisory Committee, noting that it held 13 public meetings with a goal of traffic neutrality, and stated that the goal has been preserved and there has been a reduction in traffic. He commented on the Chamber of Commerce and other local groups discussing using a percentage of funds for an environmental protection program. He added that development dollars could be used for funding the implementation of a traffic Bypass Plan through Corona del Mar, as well as other important projects. He urged Council to place the matter on the ballot. Carl Cassidy addressed the findings of fact and believed that Council does not have enough information to make those findings. He addressed new State water usage requirements and stated that there is nothing in the proposed Amendments relative to reducing water usage by 20% and, therefore, the project will not meet CEQA requirements. He added that the plan does not rise to the level of Newport Beach and is not ready to go to the ballot. Volume 62 - Page 8 City of Newport Beach Regular Meeting July 22, 2014 Dr. Jennifer Frutig, Banning Ranch Conservancy Board Member, expressed concerns regarding the use of statistics and estimates in the Amendment, specifically in regards to decreases in ADTs when more development is being added. She added that the three primary areas of impact are Banning Ranch, Newport Center, and the Airport. She pointed out that statistics are educated guesses, suggested that a better explanation of the methodology is due to the public, and urged Council to vote no on this matter. Seychelle Cannes expressed concerns with the changes to the General Plan, adding that, according to information from SPON, there will be at least 13 developments on Pacific Coast Highway, and it cannot handle that much density. She believed that this is a poor decision for the City and its residents, and urged Council not to change the General Plan. Jean Ardell wondered why Newport Coast does not currently function as a bypass, believed that traffic studies are suspect, and disagreed with tying the Corona del Mar Bypass to new development. She stated that the most creative thing that could be done is to do nothing and wait. She encouraged Council to take time and see how things unfold. Denys Oberman believed that the City needs to do integrated planning. She added that the City has a lot of areas that need to be interconnected, and communities need revitalization and ingress /egress plans. She added that there is a need to look at the entire Coast Highway corridor, including Mariners Mile, Lido Village and the Peninsula. She urged Council to vote no on this and commented on the need for a balanced development to preserve residential neighborhoods. Hearing no further testimony, Mayor Hill closed the public hearing. Community Development Director Brandt read an additional finding to include in the motion for Resolution No. 2014 -67, Section 3, new Item 7, as follows, "In conformance with the City Council Policy K -1, the Planning Commission reviewed and recommended approval of the Land Use Element Amendment project, as amended, to the City Council by adoption of Resolution No. 1946. Furthermore, the City Council has considered the recommendations of the Planning Commission and has determined that the modifications proposed by the City Council are not major changes that require referral back to the Planning Commission for its recommendation." She addressed comments from a speaker regarding water conservation and reported that the General Plan already contains a number of goals and policies related to water conservation which are included in the Water Resources Element of the General Plan and carry equal weight as the Land Use Element in terms of applicability and enforceability. Additionally, a number of policies have been included that are aimed at sustainable development, including water conservation. She indicated that staff believes that Council's action in support of the General Plan Amendment would not be inconsistent with the Governor's recent regulations as it relates to water conservation measures. City Attorney Harp stated that his office did an extensive analysis and that the SEIR does not need to be recirculated as there is no new significant information added. Motion by Mayor Pro Tem Selich, seconded by Council Member Petros, to approve staffs recommended action with revised findings as suggested by the Community Development Director and the revised Policy LU 7.13.11. Substitute motion by Council Member Gardner to continue this matter. Council Member Gardner stated that Council may not have all of the information. She suggested continuing to work on this item as there is still more that can be done. She believed that this will lead to a divisive election that is unnecessary and there are certain issues that need to be dealt with, including signage and the Coastal Commission. In terms of the Airport, she expressed the opinion Volume 62 - Page 9 City of Newport Beach Regular Meeting July 22, 2014 that it should be taken out of the document, and commented on creating walkable communities and better utilization of the bus center. The motion died for lack of a second. Mayor Pro Tern Selich noted that there is no such thing as a perfect land use plan and that, at some point, there is a need to move ahead. The time has come to let the voters decide. He stated that there has been a lot of work done on this issue and that many of the speakers tonight were not at the numerous meetings previously held on the matter. He added that many residents attending those meetings commented positively on the proposed plan. Council Member Petros commended those who participated in the process. He stated that there is a whole new section on sustainable planning practices which will make Newport Beach shine as a City and be in the forefront of reducing greenhouse gasses, sea level rise, etc. The plan also provides the opportunity for the City to investigate more active transportation (AB 1358) and allows for a reduction in future traffic. He addressed reduction of development by virtue of the elimination of retail uses. He added that he will support this item since it respects Measure S and allows the people to exercise their right to vote. Amended motion by Mayor Pro Tern Selich, seconded by Council Member Petros, to consider the Resolution on the Airport Land Use Commission as a separate vote. Council Member Gardner agreed that there is a lot that is good in the plan, but believed that the proposed language change for the Corona del Mar Bypass is meaningless. Council Member Petros suggested removing "Analyze" and reinsert "Implement." He asked if it could be linked to performance within Corona del Mar. He indicated the need to have something that says that, with the development agreements, there will be an implementation plan. Council Member Gardner asked if it would then need to be recirculated. City Attorney Harp reported that as drafted, the project complies with CEQA and would not require recirculation. Council Member Petros reported that the SEIR discloses the impacts and that no additional impacts are being created. Council Member Curry stated that Council is trying to craft a ballot measure that allows the people to vote on this issue. Because of the timing, this creates a target for litigation by people who would take the vote away and go to the courts as a means of resolving the issue. He emphasized his firm support to Council for the need to implement the Corona del Mar Bypass Plan in the appropriate way. Council Member Gardner stated that, if this is the language to be approved, she cannot support it. Mayor Hill stated that no government has ever crafted a perfect document, but noted that Newport Beach has done something that no other city has done, which is to have the public vote on General Plan Amendments. He pointed out that the same group that created the requirement is now requesting that the voters not be able to vote on it. He stated this is a complex issue and commented on things that were missing in the City that have become more important today, such as sustainability and looking at projects to drive more walkable communities. He stated that the proposed changes are significant for the future of the City and commented on the importance of the public's input and right to vote to determine if this is something they would like to consider. Mayor Hill indicated that he is proud of the public's participation, as well as of the Council's willingness to listen. He noted the need to start someplace and move forward, and commented on the lengthy process and numerous public meetings that were held just for this matter. Additionally, he noted Volume 62 - Page 10 City of Newport Beach Regular Meeting July 22, 2014 that statistics can be slanted, but the City has taken pride that its consultants are hired to provide unbiased information. He added that Council does not want to put something on the ballot that is not truthful and the City trusts its consultants. He indicated that he cannot see throwing away the invested staff and community time, and not allow people to vote on this. He would like to hear from all of the public at the polls. City Attorney Harp noted the need to vote on the Resolutions in the order presented in the recommendations and that Council can vote on each separately, if desired. Community Development Director Brandt added that in terms of the Airport Land Use Commission, in order to overrule their findings, it must be by a majority Council vote. Motion by Mayor Pro Tem Selich, seconded by Council Member Petros, to adopt Resolution No. 2014 -65, A Resolution of the City Council of the City of Newport Beach Certifying Final Supplemental Environmental Impact Report No. ER2014 -002 (SCH# 2013101064) and Mitigation Monitoring and Reporting Program in Accordance with the California Environmental Quality Act and State and Local Guidelines for the General Plan Land Use Element Amendment (PA2013 -098). The motion carried by the following roll call vote: Ayes: Council Member Petros, Council Member Curry, Mayor Pro Tem Selich, Mayor Hill Nays: Council Member Gardner Absent: Council Member Henn, Council Member Daigle Motion by Mayor Pro Tem Selich, seconded by Council Member Petros, to adopt Resolution No. 2014 -66, A Resolution of the City Council of the City of Newport Beach Overruling the Orange County Airport Land Use Commission's Determination that the General Plan Land Use Element Amendment Project is Inconsistent with the Airport Environs Land Use Plan for the John Wayne Airport and Finding the General Plan Land Use Element Amendment Project is Consistent with the Purposes of Public Utilities Code Section 21670 (PA2011 -134). The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Mayor Pro Tem Selich, Mayor Hill Absent: Council Member Henn, Council Member Daigle Motion by Mayor Pro Tem Selich, seconded by Council Member Curry, to adopt amended Resolution No. 2014 -67, A Resolution of the City Council of the City of Newport Beach Approving General Plan Amendment No. GP2013 -001 to Amend the Land Use Element, Glossary, and Implementation Plan of the General Plan, as revised by the City Council at the July 8, 2014 public hearing, and Adopting California Environmental Quality Act (CEQA) Findings, Facts in Support of Findings, and Statement of Overriding Consideration and including revised language and additional findings. (PA2013 -098). The motion carried by the following roll call vote: Ayes: Council Member Petros, Council Member Curry, Mayor Pro Tem Selich, Mayor Hill Nays: Council Member Gardner Absent: Council Member Henn, Council Member Daigle Volume 62 - Page 11 City of Newport Beach Regular Meeting July 22, 2014 XVIII. CURRENT BUSINESS 11. November 4, 2014 General Municipal Election - Ballot Measure [391100 -20141 City Clerk Brown reported that, pursuant to the actions taken on Item 10, the recommendation would be to approve the Resolutions presented. She also read an amendment to Section 3 of Resolution No. 2014 -68, "The proposed measure to be submitted to voters consists of the revisions to the Land Use Maps and Land Use Table LU -2 (anomaly locations) adopted as part of the Land Use Element amendment to the General Plan (Exhibit E)." Council Member Daigle arrived at 9:21 p.m. Motion by Council Member Curry, seconded by Council Member Daigle, to a) adopt amended Resolution No. 2014 -68, A Resolution of the City Council of the City of Newport Beach Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 4, 2014 for the Submission of Proposed Land Use Element Amendments to the General Plan; b) adopt Resolution No. 2014 -69, A Resolution of the City Council of the City of Newport Beach Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election on Tuesday, November 4, 2014, with the Statewide General Election to be Held on the Same Date Pursuant to California Elections Code Section 10403; c) adopt Resolution No. 2014 -70, A Resolution of the City Council of the City of Newport Beach Setting Priorities for Filing Written Arguments Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis; and d) adopt Resolution No. 2014 -71, A Resolution of the City Council of the City of Newport Beach Providing for the Filing of Rebuttal Arguments for the City Measure Submitted to the Voters at the General Municipal Election to be Held on Tuesday, November 4, 2014, Pursuant to California Elections Code Section 9285. Carl Cassidy noted that Council just voted on three Resolutions regarding findings of fact. He commended staff, but believed that there still needs to be discussions before factual findings could be made because the document has been amended. He stated that the measure has not been considered by the Finance Department and will cost the City almost $6 million a year. He addressed $20 million in planned cuts in City services. Council Member Curry clarified that the report does not refer to cuts in City services, but rather $20 million less in revenues and that a recalculation resulted in the figure being inaccurate. Mr. Cassidy addressed a proposed adjustment in expenditures of $3 million, $2 million in cuts to the Police Department, $6 million in cuts to the Fire Department, and $2 million in cuts to Public Works. Nancy Alston expressed concerns that Council thinks residents do not want someone in the City to exercise their right to vote. She believed that it is very hard to fight City Hall and that things can be placed on the ballot where an ordinary citizen who does not look at an issue carefully is urged to vote in a way that would be opposite to how they would want to vote. She reiterated that she does not want citizens not to vote, but rather she just knows how hard it would be to defeat the City's side. Dennis Baker, SPON Board Member, stated that deficiencies in the document were not trivial and need to be better defined and that this is why SPON opposes the matter being placed on the ballot. He stated that they are using the process, but are being criticized for doing so. He added that the organization hired an attorney and presented its concerns. Nancy Skinner reported she did not know that the Amendment was being reviewed for over a year. She urged Council to take time to discuss this matter further rather than putting it on the ballot so soon. Volume 62 - Page 12 City of Newport Beach Regular Meeting July 22, 2014 Jim Mosher reported that Council does not need the public's vote to implement sustainable practices, active transportation, or to reduce traffic. He added that Council needs the public's Greenlight vote for the proposal to add 500,000 square feet of new office space, 50,000 square feet of retail, and 500 dwelling units in Newport Center, and to increase Airport area allocation for congregate care. He referenced Charter Section 423, believed that the people are entitled to a separate and distinct vote on the changes to each statistical area in the City. He believed that this issue is misleading, confusing, and deceptive. City Clerk Brown stated that, in Resolution No. 2014 -70, there is a need to designate Council Members to write arguments for or against the measure. Mayor Pro Tern Selich proposed designating himself and Council Member Petros to write the arguments in favor of the measure. Council Member Curry, as the maker of the motion, agreed. City Attorney Harp noted, and Council Member Daigle confirmed, that she was in attendance during most of the proceedings and has reviewed all of the relevant material. The motion carried by the following roll call vote: o' Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill Absent: Council Member Henn Council Member Gardner indicated that she believed the vote was to approve Mayor Pro Tom Selich and Council Member Petros to be the designated authors of the Direct Argument for the ballot measure. Motion by Council Member Daigle, seconded by Mayor Pro Tern Selich, to reconsider the previous vote. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill Absent: Council Member Henn Council Member Gardner asked if it would be better and more understandable if the reduction of the 2,922 ADTs clearly indicated that it is from the current General Plan or today's traffic. Community Development Director Brandt reported that the differential is a comparison of today's General Plan versus the proposed project. Council Member Petros suggested adding "...when compared to the 2006 General Plan." City Attorney Harp stated that there is room to add a few words to the ballot question. Motion by Council Member Gardner to amend the ballot measure language to add "...when compared to the 2006 adopted General Plan." The motion died for lack of a second. Volume 62 - Page 13 City of Newport Beach Regular Meeting July 22, 2014 Motion by Council Member Curry, seconded by Mayor Pro Tern Selich, to a) adopt amended Resolution No. 2014 -68, A Resolution of the City Council of the City of Newport Beach Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 4, 2014 for the Submission of Proposed Land Use Element Amendments to the General Plan; b) adopt Resolution No. 2014 -69, A Resolution of the City Council of the City of Newport Beach Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election on Tuesday, November 4, 2014, with the Statewide General Election to be Held on the Same Date Pursuant to California Elections Code Section 10403; c) adopt Resolution No. 2014 -70, A Resolution of the City Council of the City of Newport Beach Setting Priorities for Filing Written Arguments Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis; d) adopt Resolution No. 2014 -71, A Resolution of the City Council of the City of Newport Beach Providing for the Filing of Rebuttal Arguments for the City Measure Submitted to the Voters at the General Municipal Election to be Held on Tuesday, November 4, 2014, Pursuant to California Elections Code Section 9285; and e) designate Mayor Pro Tem Selich and Council Member Petros to draft a Direct Argument for the ballot measure, and any Rebuttal Arguments, if needed. The motion carried by the following roll call vote: Ayes: Council Member Petros, Council Member Curry, Council Member Daigle, Mayor Pro Tom Selich, Mayor Hill �' NMV Nays: Council Member Gardner Absent: Council Member Henn 12. Goldenrod Avenue Pedestrian Bridge Designation [100 -2014] Public Works Director Webb provided the staff report, addressing background, retrofits on the bridge, staff efforts, qualifications, applicable categories under which the bridge would fit, criteria for qualifying, findings, the process, potential drawbacks and recommendations. He added that, currently, it could be placed in the City's own historical designation per Council Policy K -2. Council Member Gardner stated that placing it in the City's own historical designation was what residents intended. Motion by Council Member Gardner, seconded by Council Member Curry, to direct staff to pursue a Historic designation for the Goldenrod Bridge as stated in Council Policy K -2. Mayor Pro Tern Selich agreed and stated that he is unsure as to the benefits of getting a State designation. Karen Tringali, Corona del Mar Residents Association, stated that one of the members suggested this and, although he is presently in Sweden, would support the motion. Former Mayor Don Webb noted that there is currently a plaque on the bridge and spoke in support of the motion. He indicated that Rex Brandt's 100th anniversary of his birth is approaching and noted that his studio was adjacent to the bridge. He requested that Council consider also recognizing Rex Brandt at the end of Goldenrod, in addition to the historical nature of the Bridge. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill Absent: Council Member Henn Volume 62 - Page 14 City of Newport Beach Regular Meeting July 22, 2014 13. Sale of 1499 Monrovia Avenue - Approve a Purchase and Sale Agreement and Enter into Escrow for the Sale of 1499 Monrovia with Kobe, Inc. (C -5889) [381100-20141 Community Development Director Brandt provided a summary of the matter and noted that details of the Agreement have been provided to Council for review. Motion by Council Member Curry, seconded by Council Member Petros, to approve and authorize the Mayor and City Clerk to execute a Purchase and Sale Agreement and Escrow Instructions with Kobe, Inc. for disposition of the City property located at 1499 Monrovia Avenue for a sale price of $5.8 million and to enter into escrow; authorize the City Manager to execute all documents approved as to form by the City Attorney that are necessary to implement the Purchase and Sale Agreement and complete the sale transaction and transfer ownership of the property to Kobe, Inc., through escrow; and approve a waiver of City Council Policy F -7 based on the findings in the staff report, that converting the property to another use would result in excessive vacancy, which would outweigh the financial benefits. Mayor Pro Tom Selich indicated that he does not support the sale of the property, believing it is a premature decision until a decision is made on the West Newport Community Center site. Additionally, he stated that it would create a non - conforming situation that Council would never approve if requested by a private property owner who wanted to take this property and divide it into two parcels with one parcel not having enough parking to support the use. He believed it will create a future problem in the neighborhood. Council Member Curry voiced his support of the motion and reported meeting with Kobe Bryant who plans to bring his business headquarters to the site. He believed that this will be an opportunity for international sports celebrities to come to the City and interact with the City's young people and athletes, similar to the Tiger Woods Community Center in Anaheim. Andrea Fairchild, CEO of Kobe, Inc., stated that the plan is to build the organization's headquarters, refurbish the existing location, and adhere to the policies and procedures concerning the parking structure. She added that the organization wants to be a vibrant member of the community and give back to the community. Jim Mosher agreed with Mayor Pro Tem Selich's comments and stated that the building would make a nice center for the Banning Ranch nature park. George Schroeder commented on the need for an access road into Banning Ranch and extending 15th Street through a portion of that property. Mayor Hill reported that the documents show the right -of- way is being retained in fee simple. Council Member Daigle stated that the property was purchased with General Fund money and noted that the funds from the sale would not be returned to the General Fund, but would go to the West Newport Facilities Fund. City Manager Kiff reported that Council could direct the funds as preferred. Council Member Daigle stated that she would like the money to go back into the General Fund. Council Member Curry stated that he supports focusing the money toward the West Newport Community Center as the project will need additional money from the General Fund. Council Member Gardner agreed. It was noted that it would still be General Fund money. Council Member Daigle also agreed with comments by Mayor Pro Tom Selich. Mayor Pro Tern Selich emphasized that his vote has nothing to do with the purchaser, Kobe, Inc. Volume 62 - Page 15 City of Newport Beach Regular Meeting July 22, 2014 The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Mayor Hill Nays: Mayor Pro Tern Selich, Council Member Daigle Absent: Council Member Henn XXI. MOTION FOR RECONSIDERATION - None NMI. ADJOURNMENT - 9:55 p.m. The agenda for the Closed Session and Regular Meeting was posted on the City's website and on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive on July 17, 2014, at 4:00 p.m. R - Vecretary Volume 62 - Page 16