HomeMy WebLinkAbout01 - MinutesJuly 22, 2014
Agenda Item No. 1
CITY OF NEWPORT BEACH
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 Tem 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.
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Agency Designated Representatives: Dave Riff, City Manager and Terri Cassidy, Deputy City
Manager; Negotiators.
Employee Organizations: All Labor
(ANBOL); Newport Beach City Emplo,
(NEEL); Newport Beach Firefighte
Association (NBFMA); Newport Beta
Beach Police Association (NBPA), 7
Newport Beach Professional and T
Employee Association of Newport Bear
ons; Association of Newport Beach Ocean Lifeguards
eiation (NBCEA); Newport Beach Employees League
ation (NBFA); Newport Beach Fire Management
srd Management Association (NBLMA); Newport
Peach Police Management Association (NBPMA);
Employee Association (NBPTEA); and Part -Time
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code . §.54956.9(d)(1)): 2 matters
Christine Hougan u. City of Newport Beach, et al.
Orange County Superior Court Case No. 30 -2013- 00646369 -CU -WT -CJC
Martin O'Connor u. 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 Petros, 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
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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 .neMortbeachca.gov/bencarlson 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 egjoyment o and expressed her condolences
to his family.
Mayor Pro Tem Selich commented on the daers 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 so that matters related to the high schools; City traffic and
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parking 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
dunk tank, expressed his appreciation to the citizens w
involved. He announced a presentation by Speak Up New
in the Community Room regarding Balboa Village, and of
and Council Member Petros on a tour of Balboa Village wi
community who is considering revitalization and looking fc
Village Advisory Committee (BVAC) will be held, followin
will be considering wayfinding, other issues, and moving
meeting will be held, to explain the Balboa Vil'lag'e li
ExplorOcean. He announced an upcoming Tidelands Man
Community Room as well as a Finance Committee meeti
Meeting Room 2E.
-ticipatng in the Fourth of July celebration
organized the events as well as all those
t on Wednesday, July 9, 2014, at 5:30 p.m.
iat same date he will be joining the Mayor
he Chiba, Japan community, a sister beach
leas. Additionally, a meeting of the Balboa
ae tour, at 4:00 p.m. where the Committee
3 Master Plan forward. A public outreach
ter Plan, on Monday, July 14, 2014, at
ment Committee meeting to be held in the
on Monday, July 21, 2014, at 4:00 p.m. in
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.
NII. 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.
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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
Minutes for the June 24, 2014 Study Session and 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.
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 -2014]
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 -2014]
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 -2014]
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 MRH Structural
Engineers (C -5876) [381100 -2014]
Approve and authorize the Mayor and City Clerk to execute:
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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.
7. Amendment No. 1 to the Professional Services Agreement with Project Dimensions for
the Lifeguard Headquarters Rehabilitation Project Contract No. 5594 (CAP12 -0008)
[381100 -2014]
Approve Amendment No. 1 to the Professional Services
of Irvine, California, at a cost not to exceed $18,520.00,
to execute the Agreement. ......
S. Approval of Amendment No. 2 to the M;
Orange County Transportation Authority
Approve and execute Amendment No. 2 to Mae
9. Approval of On -Call Repair Servic
for Electric Motor Repair Services
Approve the three -year agreement wi
Motor Repair Services for a not- to -exc
Clerk to execute the
D. MISCELLANEOUS
10. Final Tract M
Avenue 1100 -21
with Project Dimension, Inc.
ze the Mayor and City Clerk
reement No. C -1 -2776 with
381100 -20141
lent No. C -1 -2776.
Littlejohn - Reuland Corporation
4]
Corporation for As- Needed Electric
and authorize the Mayor and City
Project at 201 -205, and 207 Carnation
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 -2014]
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 -2014]
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 Mavor Pro Tem Selich, seconded by Council Member Petros, to approve the Consent
Calendar.
The motion carried by the following roll call vote:
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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 to 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, he 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 Riff 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 Yearling 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.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem 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
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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 Woody Tescher from P1aceWorks 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, P1aceWorks,
overview of the process, background, four
2006 General Plan visions, goals and pol;
reduced future development capacities a
revised policies, new policies relative,
implementation programs revisions, env
Review (SEIR) traffic findings
etails of a PowerPoint presentation addressing an
ive to establishing consistency and building on the
)f Amendments, study areas, revised designations,
aed future development capacities areas, new and
and sustainabihty policies, glossary revisions,
review and Supplemental Environmental Impact
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 Petrol 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.
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 the public 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.
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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 CE QA, 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 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 Jive 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 Mitchum, 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.snon- newnortbeach.or¢. 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
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.
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In response to Mayor Pro Tem Sehch'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 Tem Selich added that the biggest component of that
Carl Cassidy spoke to Attachment 10 and stressed that the econc
and that in order to get to a surplus, there will need to be a
wondered why Council would vote for a plan that is fiscally irresl
economic assumptions and results of the fiscal analysis.
A resident of Newport Beach stated that the
misleading as one area in the City would maL
current developments around the City noting
the City.
elimination of the hotel rooms.
provides for a $5 million loss
on cut in City services. He
He noted the use of untimely
_y people using the roadways is very
in another area. She commented on
se the number of people coming into
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 Tem Selich, he indicated willingness to
contribute to affordable senior housing in the City with contributions from $4,000 up to $200,000.
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.
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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 staff's 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.
Steve Rosansky, President /CEO of the Newport Beach Chamber of Commerce, commented on the
Coalition for General Plan Accountability and the conduction of 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.
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City of Newport Beach
Regular Meeting
July 8, 2014
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
his attendance at the LUEAAC me
suggested the need to solicit additic
too well for developers The Irvine
years. He added that is not the x
comments by SPON, the Chamber i
did not have the benefits of the ri
comments.
There being no further
mt Council thinks about this matter. He commented on
sted reasons why Council should oppose this item. He
input and stated that the 2006 General Plan is working
bbled up allocation in eight years that was given for 20
ion and should not be Council's vision. He addressed
and noted the Planning Commission and the LUEAAC
comments. He requested they look over these public
Mayor Hill closed the public hearing.
Mayor Pro Tem Sehch, as Chair of the Land Use Element Amendment Advisory Committee, stated that
he has heard the comments tonight which have reinforced comments heard over two months ago 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 Mavor Pro Tern 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
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
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City of Newport Beach
Regular Meeting
July 8, 2014
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 7.14.5 and Figure LU22 to include Area 4A, and revised new Policy 7.14.14. 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 7.13.4 for Newport Center, new
Policy 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 Tem 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
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 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.
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City of Newport Beach
Regular Meeting
July 8, 2014
Due to lack of a second, the motion failed.
Council Member Gardner requested additions to the original motion. Remove "economically' in Land
Use 2.2 and go back to the original Policy; Land Use 3.4 original said to limit increases and now
emphasizing and she is bringing up in case it changes; 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; Policy 7.12.6 offering incentives to Balboa Village should be
Citywide, not only the Village; Policy 7.19.6 should include "residents" to work with local businesses and
organizations.
Council Member Gardner's proposed changes were accepted by Mavor Pro Tem Selich and
Council Member Petros.
Council Member Henn disagreed with a proposed change
Policies not be changed. To clarify which Policy, he ref
relation of Balboa Village and believes the Master Plan
During discussion regarding the SPON letter, it was del
in the motion and only the May 16 letter was included in
Gardner's proposed change to the Balboa Village incenti?
Balboa Village Master Plan and doesn't want to do soar
Gardner does not believe Balboa Village should be sink
objections prior to the meeting.
Council Member Henn requested that one
relation to Policy 7.12.6 be eliminated.
ig the Balboa Village and prefers those
the July 1 SPON letter discussing the
}e incorporated into the General Plan.
the July 1 letter was not incorporated
on. He commented on Council Member
tated those incentives were part of the
onflicting with that. Council Member
for incentives and noted her previous
by Council Member Gardner in
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.
to accept
Council Member
Mayor Pro Tem Selich suggested a change to the Bypass Plan language removing 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 Mavor Pro Tem 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 Tem 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 7.13.12, he
is reticent about mandating use of a strategy that may not work. Council Member Petros stated this 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 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 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.
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City of Newport Beach
Regular Meeting
July 8, 2014
Mavor Pro Tern Selich accepted 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
contemplating. If Council would like to take the action tonight with the Resolutions, staff would like to
make additions as well.
Substitute motion by Mavor Pro Tern 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 Sehch, Mayor Hill
Abstain: Council Member Gardner
XVIII. CURRENT BUSINESS
14. November 4, 2014 General Municipal Election - Ballot Measure [391100 -2014]
City Manager Kiff noted that the aforementioned item will be continued until the next City Council
meets.
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.
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
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City of Newport Beach
Regular Meeting
July 8, 2014
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
to the July 22, 2014 City Council meeting.
The motion carried by the following roll ca
Ayes: Council Member Gardner, Council
Henn, Council Member Daigle, Ma
XXI.
NMI. ADJOURNMENT -
The agenda for the
City's website, on t]
Council Chambers
the entrance of the
p.m.
City Clerk
to continue the item
uncil Member Curry, Council Member
Mayor Hill
memory of Ben Carlson
Session, and Regular Meeting was posted on the
lectronic Bulletin Board located in the entrance of the City
',enter Drive, and in the Meeting Agenda Binder located in
Chambers at 100 Civic Center Drive on July 3, 2014, at 4:00
Recording Secretary
Mayor
Volume 61 - Page 628