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HomeMy WebLinkAbout10/22/2013 - Regular MeetingCity Council Minutes Regular Meeting October 22, 2013 — 5:30 p.m. 1. STUDY SESSION - Cancelled II. ROLL MALL - 6:30 P.m. Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Council Member Seiich, Council Member Henn, Council Member Daigle Absent: Mayor Curry III. PUBLIC COMMENTS REGARDING CLOSED SESSION Jim Mosher commented on the performance evaluation of the City Attorney and the unspecified anticipated litigation listed under Closed Session. He asserted that substandard performance by the City Attorney could lead to additional litigation, commented on how it affects the conduct of Council Members relative to the Finance Committee and the Tidelands Management Committee, and expressed concerns relative to the Brown Act. He stated that everyone should be on the same page as to the interpretation of laws, commented on practices of other cities, and believed that the City Attorney's opinion should be known and hoped Council would consider that in its evaluation of the City Attorney's performance. City Attorney Harp stated that the Brown Act prohibits a legislative body from meeting outside of a noticed meeting. He reported that Mr. Mosher disagreed with editorials written by two Council. Members so he submitted a letter asking the Finance Committee to cease and desist from that action to which the Finance Committee responded that they would do so. In addition, he indicated that he responded twice to Mr. Mosher's concerns but that in general, nothing is ever done to Mr. Mosher's satisfaction. City Attorney Harp noted that the Finance Committee has fulfilled its obligations and initiating litigation is Mr. Mosher's prerogative. Council Member Petros stated that the matter of outsourcing trash services was a question before Council as a whole; that. the Finance Committee had considered other matters related to investment policies and such at its most recent meeting. He noted that the legislative action to be taken on trash outsourcing relating to the comments made by two Council Members was an action for all seven Council Members. He asked City Attorney Harp to comment on a violation of the Finance Committee when the action was before the whole Council. City Attorney Harp agreed that the decision to be made was before the entire City Council. He indicated that the Brown Act provides a mechanism whereby immunity can be had from any type of legal action without admitting fault and agreeing to not do the challenged conduct anymore. He stated that he advised the Finance Committee that this is not worth spending the time to challenge and so they issued a letter that the behavior will cease. Council Member Petros noted that the intent of the Council Members' editorials was to provide a public forum to describe their thoughts on this matter, thereby offering increased transparency. Volume 61 - Page 322 City of Newport Beach City Council Minutes October 22, 2013 City Attorney harp reported that Council will recess into Closed Session at this time to discuss those items listed under Closed Session in the agenda and listed the same. IV, CLOSED SESSION - 5:38 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Heading Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager; Negotiators Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Lifeguard Management Association (NBLMA); Newport Beach Police Association (NEPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Association (NBPTEA); and Part -Time Employees Association of Newport Beach (PTEANB). B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: Aaron C. Harp, City Attorney C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) and § 54956.9(e)(1)): 1 matter D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 500 32nd Street Agency negotiator: Dave Kiff, City Manager Negotiating parties: Steve Mills, Real Estate Manager partner, DART Development Group Under Negotiation: Instruction to Agency negotiator on price and terms of payment. V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Mayor Curry VIII. CLOSED SESSION REPORT City Attorney Harp reported that, regarding Closed Session Agenda Item 4.1), Council Member Henn Volume 61 - Page 323 City of Newport Beach City Council Minutes October 22, 2013 recused himself from that item. IX. PLEDGE OF ALLEGIANCE -Council Member Henn X. INVOCATION - Pastor Don McClure "4 Southern California Edison (SCE) Energy Leader Partnership Silver Plaque Presentation to the City of Newport Beach Jenelle Godges, Southern California Edison (SCE) representative, presented the Energy Leader Partnership Silver Plaque Award to Mayor Pro Tem Hill who accepted it on behalf of the City. Mayor Pro Tem Hill acknowledged the work of City staff in earning the award. XII. NOTICE TO THE PUBLIC XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) Council Member Daigle commented on efforts to extend the John Wayne Airport (JWA) Settlement Agreement and reported there was a recent County meeting to address the Notice of Preparation (NOP). She commented on the number of people who attended the meeting and reported that the community remains engaged. She noted that members of the public can voice their concerns regarding the Environmental Impact Report (EIR) until October 31, 2013, by sending comments to nop@ocair.com. She added that the Aviation Committee meets on October 28, 2013. Council Member Gardner announced that the Corona del Mar Halloween Costume Ride for Bicyclists will be held on October 26, 2011 It will be departing the Civic Center at 10:00 a.m. and will be visiting local haunted houses. Additional information can be obtained at www.bikenewportbeacb.org. Council Member Petros reported representing the City at an Orange County Health Alliance Active Transportation Conference dedicated to promoting active transportation, such as walking and bicycling, throughout the County. He commented on participating organizations and individuals interested in walking and bicycling as a means of transportation. He highlighted activities in which the City is engaged to promote cycling. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Regarding Item 8 (Professional Services Agreement with AMEC for Preparation of Facilities Management and Master Plan Services), Mr. Mosher believed that the work should be performed by City staff and failed to understand why the function is not already built into the City's administration. XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. MINUTES FOR THE OCTOBER 8, 2013 STUDY SESSION AND REGULAR MEETING. [100-20131 Waive reading of subject minutes, approve as amended, and order filed. Volume 61 - Page 324 City of Newport Beach City Council Minutes October 22, 2013 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 FOR ADOPTION 3. RESOLUTION OF INTENTION TO ESTABLISH A PENALTY AMNESTY PROGRAM TO FORGIVE BUSINESSES THAT PAY CERTAIN DELINQUENT ASSESSMENTS FOR THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FROM LIABILITY FOR PENALTIES. [100-2013] a) Adopt Resolution 2013-71, A Resolution of Intention of the City of Newport Beach Declaring its Intention to Establish a Penalty Amnesty Program to Forgive Businesses that Pay Certain Delinquent Assessments for the Corona del Mar Business Improvement District from Liability for Penalties; and b) set the public hearing date for November 12, 2013. C. CONTRACTS AND AGREEMENTS 4. MARINA PARK PROJECT - SITE DEMOLITION AND TREE RELOCATION (BID PACKAGE 1) - AWARD OF CONTRACT NO. 3897(A). [38/100-2013] a) Approve the project drawings and specifications; b) award Contract No. 3897(A) (Marina Park Project - Demolition and Tree Relocation) to Unlimited Environmental, Inc. of Signal Hill, California, for the total bid price of $405,130.00 and authorize the Mayor and City Clerk to execute the contract; and c) establish a contingency of $60,370.00 (15%) to cover the cost of unforeseen work. 5. PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC. FOR MARINA PARK SPECIALTY INSPECTION AND MATERIAL TESTING SERVICES (C-3897). [38/100-2013] Continue the item to the November 12, 2013 City Council meeting. 6. INFORMATION TECHNOLOGY CONSULTING SERVICES WITH SYNOPTEK, INC. - AMENDMENT NO. ONE (C-5267). [38110-2013] Continue the item to the November 12, 2013 City Council meeting. 8. PROFESSIONAL SERVICES AGREEMENT WITH AMEC FOR PREPARATION OF FACILITIES MANAGEMENT AND MASTER PLAN SERVICES (C-4907). [381100-2013] a) Approve a Professional Services Agreement with AMEC for Facilities Management and Master Plan Services not to exceed $133,480.00, and authorize the Mayor and City Clerk to execute the Agreement; and b) authorize the City Manager to execute any agreements necessary to implement the Professional Services Agreement. D. MISCELLANEOUS 9. PLANNING COMMISSION AGENDA FOR OCTOBER 17, 2013. [100-2013] Receive and file. 10. WOODY'S WHARF USE PERMIT APPEAL - 2318 NEWPORT BOULEVARD - USE PERMIT NO. UP2011-010 - VARIANCE NO. VA2013-006 (PA2011-055). [100-2013] Continue the item to November 12, 2013, to allow additional time to finalize the draft resolution per the Council's discussion and direction provided on October 8, 2013. Mayor Volume 61 - Page 325 City of Newport Beach City Council Minutes October 22, 2013 Pro Tem Hill recused himself since he owns property within 500' of the subject property. 12. CODE AMENDMENT INITIATION FOR PROPERTIES LOCATED AT 2022, 2026, 2032, 2034, 2038 AND 2042 MIRAMAR DRIVE (PA2013-211). [100-20131 Initiate an amendment to Setback Map No. S -2G of the Zoning Code changing the required rear alley setback from 6 feet to zero feet, consistent with the standard rear alley setback for other properties in the City when located adjacent to a 20 -foot -wide alley. 13. CITY HALL AND LIMITED OFF-SITE HOLIDAY CLOSURE (BEGINNING AT NOON ON DECEMBER 24, 2013, THROUGH JANUARY 1, 2014) (C-2059, C-2065, C-2060, C-2051, C-3362 AND C-2946). 138/100-20.131 Approve closing City Hall and provide limited City services at off-site facilities beginning at noon on Tuesday, December 24, 2013, through and including New Year's Day, January 1, 2014, resuming normal services Thursday, January 2, 2014. The proposed City Hall closure does not apply to public safety or other essential functions that provide necessary operational services. 14. ACCEPTANCE OF FUNDS FROM THE CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS. [100-20131 a) Approve Budget Amendment No. 14BA-017 to accept $47,042.65 from the California Board of State and Community Corrections (BSCC) and deposit into Revenue Account No. 1720-486F for the Police Department; and b) appropriate $20,000.00 to the Advertising Account No. 1810.8010 and appropriate the remaining $27,042.65 to the Patrol Overtime, Safety Account No. 1830-7041. 15. DIRECTION TO STAFF ON ONE ISSUE. 1100-20131 Direct the City staff to return with a staff report about a process to follow to open portions or all of the Lower Castaways park site for public recreational use as a longer-term plan is being developed. Motion by Council Member Selich, seconded by Council Member Petros to approve the Consent Calendar, except the items removed (7 & 11); and noting the continuance of Items 5 and 6, and the recusal by Mayor Pro Tem Hill on Item 10. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Mayor Curry XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 7. APPROVAL OF A NEW LEASE FOR THE BALBOA BAY RESORT (C-519), [381100- 2014 Mayor Pro Tem Hill recused himself from this item since he owns property within 500 feet of the subject property. Council Member Henn announced that the Balboa Bay Resort would like to make a presentation. Volume 61- Page 326 City of Newport Beach City Council Minutes October 22, 2013 City Clerk Brown stated that pursuant to Council Policy A-10, Council would need to elect a temporary presiding officer if there are objections to Council Member Selich presiding over the matter. There was no objection to Council Member Selich presiding over the matter. Dieter Hissin, General Manager of the Balboa Bay Resort, provided a PowerPoint presentation to address improvements put in place by the new owners, including changes on the Pacific Coast Highway side, improvements to the Members Building, Terrace Apartment improvements, projects currently underway, projects to be started at the end of 2013, and projects to be started sometime in 2014. In response to Council Member Gardner's questions, Mr. Hissin reported that there will be no changes in public access. Assistant to the City Manager Houston reported that the contract changes included held over items from the 2009 lease, extension of 13 years, the valuation, updated or minor changes in insurance terms. He indicated that he could provide Council with a redlined agreement. Council Members Gardner and Petros requested a redline version be provided. Motion by Council Member Henn, seconded by Council Member Gardner to authorize the Mayor to sign the new lease for the Balboa Bay Resort, and find that the base rent, percentage rent, and extension rent are reflective of fair market value, as required by the Newport Beach Municipal Code, City Council Policy F-7, and the Beacon Bay Bili, as amended. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Mayor Curry Recused: Mayor Pro Tem Hill 11. APPROVE HARBOR COMMISSION OBJECTIVES FOR FY 2013-14. [100-20131 Council Member Gardner introduced Doug West, Harbor Commission Member and Chair of the Subcommittee on Goals and Objectives. Commissioner West presented the Harbor Commission's goals and objectives for FY 2013-14 which was reviewed by the Tidelands Management Committee. He highlighted the progress of last year's objectives and noted that some have evolved into new objectives. He addressed the overarching goals, including ensuring the long-term welfare of the Harbor and promoting Newport Harbor as a preferred and welcoming destination. He listed specific objectives under each goal and provided an update for each. He thanked the Harbor Division staff and Council Member Gardner for her support and guidance. Council Member Selich commented on Harbor speed limits and noted that jurisdiction of the Harbor Code lies with the California Department of Boating and Waterways, which was folded into the Department of Recreation and has oversight to make changes in Harbor regulations at a local level. Council Members Henn and Daigle thanked the Harbor Commission for their work. In response to Council Member Daigle's question regarding studies related to the economic impacts of the Harbor on the community, Commissioner West reported that it is significant but Volume 61- Page 327 City of Newport Beach City Council Minutes October 22, 2013 has no numbers detailing this. Motion by Council Member Henn, seconded by Council Member Selich to approve the Harbor Commission's FY 2013-14 Objectives. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Mayor Curry XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jim Mosher indicated that he expected to see the Quarterly Business Report (QBR) on the agenda. He believed that it would be useful for Council and the public to receive regular updates on how the City's money is being spent and the status of projects. He added that no reports'have been provided for the last five months and suggested that Council provide guidance to staff on this. Holly Jarvis commented on the Santa Ana Heights road improvement project as part of the utility undergrounding project and wondered why only part of the road is being widened. Public Works Director Webb reported that all of Mesa Drive will be widened and offered to meet with Ms. Jarvis to discuss the matter further. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Gardner reported attending the community outreach relative to blackball. issues and noted that excellent suggestions were provided. Council Member Petros reported that the Balboa Village Advisory Committee (BVAC) received a presentation by the parking consultant and a report on a residential parking permit program. He indicated that the Committee agreed to move the program forward for consideration within the overall Balboa Village area. Council Member Daigle attended the recent Airport Land Use Commission meeting and announced that the Citizen's Aviation Committee will meet on October 28, 2013, at 8:00 a.m. to discuss the Notice of Preparation (NOP) as it pertains to environmental documents for the John Wayne Airport (JWA) Settlement Agreement extension. Council Member Henn reported on a Finance Committee meeting held on October 15, 201.3, where a letter was reviewed and signed relative to immunizing the City with regards to Brown Act issues brought up by Mr. Mosher. Council Member Selich announced that the General PlanlLocal Coastal Plan Implementation Committee will meet on October 23, 2013, from 12:30 p.m. to 2:30 p.m. in the Corona del Mar Conference Room. He reported that Coastal Commission staff will be in attendance and a review of the work done so far will be provided. XIX. PUBLIC HEARINGS 16. APPROVAL OF MASTER FEE SCHEDULE (COST OF SERVICES PORTION) AND CHANGE IN SUBSIDIES. (100-20131 In response to Council questions, Deputy Finance Director Montano reported that the staff Volume 61 - Page 328 City of Newport Beach City Council Minutes October 22, 2013 report describes the methodology used in determining the cost allocation plan and discusses Mayor Pro Tem Hill's question at the last meeting regarding direct and indirect costs. He confirmed that the City is trying to recover administrative costs through fees to an extent that the fee in question derives a portion of the work effort. Council Member Daigle believed that, when the City has $120 million in unrestricted reserves, it does not need to raise fees. Council Member Henn pointed out that some fees were reduced. Deputy Finance Director Montano reported that 55% of the fire fees were either eliminated or reduced and others are being increased by the Consumer Price Index (CPI). Mayor Pro Tem Hill opened the public hearing. Jim Mosher referenced the Resolution and asked about the non -fees for service that are unchanged. He discussed tbe'fire fees being eliminated or combined and believed that this is unclear. He addressed the Ordinance relative to the percentage recovery table and changes to it. Hearing no further testimony, Mayor Pro Tern Hill closed the public hearing. Motion by Council Member Petros, seconded by Council Member Selich to a) adopt Resolution No. 2013-72, A Resolution of the City Council of the City of Newport Beach Amending the City's Master Schedule of Fees to be Charged for User Seruices, approving the cast -o£ - services fees (highlighted within the Master Fee Schedule), as recommended by staff; b) introduce Ordinance No. 2013-18, An Ordinance of the City Council of the City of Newport Beach Amending Section 3.36.030 of the Newport Beach Municipal Code, and pass to second reading on November 12, 2013; and c) introduce Ordinance No. 2013-19, An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code Sections 5.04.210 and 12.68.040 to refer to the appropriate fees, and pass to second reading on November 12, 2013. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hall, Council Member Selich, Council Member Henn Noes: Council Member Daigle Absent: Mayor Curry 17. CODE AMENDMENT NO. CA2013-005 FOR THE RESIDENTIAL EQUESTRIAN DISTRICT OF THE SANTA ANA HEIGHTS SPECIFIC PLAN (PA2013-114). [100- 20131 Community Development Director Brandt presented details of the draft Ordinance, noting it is an amendment to the City's Zoning regulations related to Santa Ana Heights. She addressed location, details of the Ordinance, land use designators and review by appropriate agencies. She reported that the proposed amendment is related to a use permit and is not a license requirement. She pointed out that the City has no licensing requirements for the keeping of horses. In response to Mayor Pro Tem Hill's questions, Community Development Director Brandt reported that the Ordinance does not weaken the City's ability to enforce or maintain requirements in terms of the number of horses or the size of the property in relationship to the number of horses allowed on any individual lot; and noted that the Cityhas several property Volume 61 - Page 329 City of Newport Beach City Council Minutes October 22, 2013 maintenance standards that would remain in effect. She confirmed that Council gave direction in April 2010 to proceed with the amendment process, but staff did not follow through with the matter. She reported that the County reviewed this issue and provided consent for the City to proceed with the amendment. Mayor Pro Tem Hill opened the public hearing. Justin Cox asked about the amount of staff time exerted on this amendment versus issues with horses. He listed issues experienced by a resident and believed that people with three or more horses should be required to have a use permit so there is a mechanism to inform the City of the number of horses on a property that is being used commercially. He reported that the City has issued business licenses in a residential neighborhood and provided examples of businesses operating in the area. Community Development Director Brandt reported that there are currently two open Code Enforcement cases where staff is monitoring the activities related to the commercial use of residential property- She stated that the elimination of the use permit requirement does not affect the City's ability to enforce whether or not horses are being kept for recreational or commercial purposes. She reported that staff will work with Mr. Cox and ensure that all of the City's Codes are being complied with. City Manager Kiff noted that a business license is not regulatory, but is solely revenue -raising. He added that Code Enforcement would be tasked with determining whether or not a business is legitimate. Tom Guy reported that he has horses on his property and when the property was under County jurisdiction, he obtained a permit. He believed that the requirement was burdensome, and it accomplishes very little, and non-compliance issues will be corrected by adjacent land owners who complain to the City. Alvin Cox expressed concerns with lack of enforcement and asked why an Environmental Impact .Report (EIR) is not being required, He believed that there has been an increase in the horse population and stated that it is detrimental if not closely regulated. He took issue with illegal boarding of horses and noted that no private parties currently have licenses. Community Development Director Brandt reported that the maximum number of horses allowed within the Residential Equestrian (REQ) District is six. In response to Council Member Daigle's comment regarding goats and chickens, Community Development Director Brandt stated that the issue at this time is limited to horses. Nancy Cox questioned the reasons behind the need to remove the permit process, adding that there have been neighbors trying to engage Code Enforcement for years without response. Richard Lehn expressed concern with elimination of the permit and commented on the lack of Code Enforcement. He complained of raw sewage down the street, commercial use of horses, and dust„ and asked what legal recourse residents have to resolve the matter. He distributed copies of a letter and photos illustrating non-compliance. Holly Jarvis noted that the previous speakers were talking about one property. She reported that Code Enforcement addressed the issue of the person having more than six horses and stated that there is no process currently in place for obtaining a permit. She added that there are fewer horses now than there were 20 years ago, and that, while there are some issues, most Volume 61 - Page 330 City of Newport Beach City Council Minutes October 22, 2013 are isolated issues. In response to Mayor Pro Tem Hill's question, Community Development Director Brandt emphasized that the elimination of the use permit does not delete any of the City's property maintenance standards, does not change the number of horses allowed on a particular property in relationship to the size of the property, and the City has the ability to enforce those Codes and levy fines where appropriate, and the City does so when situations are merited. If properties are not brought into compliance, the City has the ability to go through the public nuisance abatement proceedings. She added that there are two open Code Enforcement cases in the, area and both have had ongoing compliance issues. Hearing no further testimony, Mayor Pro Tem Hill closed the public hearing. Motion by Council Member Gardner, seconded by Council Member Henn to introduce Ordinance No. 2013-21, An Ordinance of the City Council of the City of Newport Beach Adopting Zoning Code Amendment No. CA2013-005 Amending Section 20.90.60 (Residential Equestrian District: SP -7 (REQ) Removing Annual Use Permits for the Keeping of Three to Six Horses in the REQ (Residential Equestrian) District of the SP -7 (Santa Ana Heights specific Plan) Zoning District (PA2013-114), 1) finding that this Code Amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly, and 2) approving Code Amendment No. CA2013-005; and pass to second reading on November 12, 2013. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Mayor Curry 18. ANNUAL REVIEW OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR SOBER LIVING BY THE SEA, INC. (PA2010-150) (C-4145) - 505 29TH STREET, 126 44TH STREET UNITS A AND B (CLOSED), 5004 NEPTUNE AVENUE UNITS A AND B, 5101 RIVER AVENUE UNIT B, 3980 SEASHORE DRIVE (CLOSED), 4711 AND 4711'/2 SEASHORE DRIVE, 4800 SEASHORE DRIVE UNITS A AND B, 6111 SEASHORE DRIVE, 6110 W. OCEAN FRONT, 4138,PATRICE ROAD, 2809 VILLA WAY, AND 2800 LAFAYETTE AVENUE. {381681100-20131 Community Development Director Brandt provided a staff report, noting that this is the fourth annual review required by the terms of the Development Agreement. She addressed the total number of facilities being operated by Sober Living by the Sea, client beds, requirement for submittal of a compliance report, inspections by Code Enforcement, actions to be taken by Council, and recommendations. She added that one correspondence has been received from Mr. Lee Gittleman who expressed concern about secondhand smoke from one of the facilities and that Sober Living by the Sea has developed an action plan to resolve the matter. In response to Council Member Gardner's question, Community. Development Director Brandt reported that the action plan involves converting the garage to a smoking area as long as the garage can still be used for vehicle storage. Mayor Pro Tem Hill opened the public hearing. Hearing no testimony, he closed the Volume 61 - Page 331 City of Newport Beach City Council Minutes October 22, 2013 public hearing. Motion by Council Member Henn, seconded by Council Member Petros to a) find this review exempt from the California Environmental Quality Act (" CEQA') pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this review enforces an entitlement for use adopted by the City and has no potential to have a significant effect on the environment; b) find that Sober Living by the Sea has demonstrated good faith compliance with the terms of the Zoning Implementation and Benefit Agreement; and c) receive and file documents submitted by Sober Living by the Sea to demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Mayor Curry XY, CURRENT BUSINESS 19, PARKING RESTRICTIONS - CORONA DEL MAR HIGH SCHOOL AREA. [100-20X31 City Manager Kiff noted that Council Member Daigle lives within 500 feet of one of the properties. He recommended discussing the matter as it relates to Aralia Street with Council Member Daigle recusing herself, but postponing action on Domingo Drive and Amigos Way until a future meeting when Council Member Daigle can participate. He noted that conditions on Domingo Drive and Amigos Way are different than those on.Aralia Street. Council Member Daigle recused herself from this item since she owns property within 500 feet of the subject property. Traffic Engineer Brine provided the staff report to discuss the history of the issue, impacted areas around Corona del Mar High School, prior meetings with the high school principals and members of the School District, meetings with nearby homeowner associations, and discussions and possible actions by the school to better utilize the parking lot. He addressed the high school area, impacted streets, observations, and details of two options for consideration. fie further discussed permit fees. Traffic Engineer Brine reviewed Option 1 and indicated that placing time limits would eliminate student parking issues and take out the potential for administrative problems. Council Member Petros reported that in a recent meeting, he commented about a meeting with representatives of the School District and encouraged staff to develop a solution for the problem. He stressed that in no way was he directing staff or asking Council colleagues to undertake anything on his behalf or invoking Council Policy A-6. He added that it was a global encouragement and suggested that as a result of the meeting, the School District Superintendent, Vice Superintendent, members of City staff and others probably suggested that there was an opportunity for the City to collaborate with the School District at this time. He stated that his involvement was a direct result of contacts he has bad at Corona del Mar and Newport Harbor High Schools. Ile reiterated that the school principals and representative; of the School District have acknowledged that there is a problem, accept their responsibilities for the issues, and agree that this is an issue that needs to be addressed by both the School District and City. He noted that there is more than enough supply in the school's pool lot to Volume 61- Page 332 City of Newport Beach City Council Minutes October 22, 2013 accommodate those currently parking on the street Council Member Gardner stated that businesses are not required to provide all the parking for their chentslcustomers and expressed concerns with both options. She indicated that she would like to see the City cover more of its costs through the permit fee and noted that residents should park in their own garages. Tara Reilly -Tung thanked Council Member Petrol and staff and stated that Option 1 is not a good option and believed it would create more problems than it will solve. She expressed support for Option 2 and stressed that, currently, during school hours there is no parking available on the street. She believed that home values have decreased because of parking issues and addressed public safety concerns. She indicated that homes should not be lumped with nearby apartments. Council Member Gardner stated that permits would be for residents and that guests would be impacted. Council Member Petros commented on his parking permit experience on Holly Lane, noting that they give their permits to guests. Phil Milner commended Traffic Engineer Brine and the Corona del Mar High School principal for moving forward on this matter, and reported that students do things off campus that they cannot do in the school parking lot. He noted that the 34 residents affected prefer Option 2. An Aralia Street resident quoted from the Newport Beach Municipal Code regarding one-hour parking limitations and stated that residents on Aralia Street prefer Option 2. She commented on the impacts the students have on the residents, Council Member Petros reported that Newport Harbor High School has a two-hour parking limit. Chuck Fry thanked Council and staff for addressing the matter and reported that the students park on the streets because they are unable to get out of the school parking lot during lunch. Additionally, he pointed out that student drivers are unable to carpool. He expressed support for Option 2 and believed it is important to encourage the schools to come up with solutions, such as rewarding carpooling, walking or bicycling. Denise Lambe stated that the traffic, noise, trash, arrogance, and verbal abuse has been unbearable and noted that they need peace in the neighborhood. Robert Kinney requested that signs be extended to cover the cul-de-sac and expressed support for Option 2. Gail Slaughter expressed support for Option 2 and requested that the area be extended to Arbutus. In response to Council. questions regarding setting the boundary, Traffic Engineer Brine indicated that the suggestion regarding the cul-de-sac makes sense. He reported that staff focused on Aralia Street since it is the shortest and quickest way to the school. Council Member Petros noted that the school has ample parking spaces in the lot for the number of cars that would park on Aralia Street, and that assigning numbered spaces to the lot and providing two lunch periods will do a lot to remedy the situation. He added that the City Volume 61- Page 333 City of Newport Beach City Council Minutes October 22, 2013 will be able to evaluate the success of the program within a year. In response to the President of the Eastbluff Apartment Owners Association's question, City Manager Ki€f reported that Council will consider his area in three weeks. Jan Hargraves expressed support for Option 2 and expressed concerns with cars blocking her driveway. She stated that the street sweeper just drives down the middle of the street because there is no opportunity to clean the curb. Dale Rincon reported that he wrote the initial letter to move the matter forward. He indicated that he lives on the corner of Alba Street and Aralia Street, and noted that his house is used as a loading zone. He thanked Council and staff for addressing the matter. David Wood reported that the Newport Beach Police Department dispatches Parking Enforcement Officers and that usually it is left to that officer's judgment as to whether or not the resident can get out of his driveway. He addressed concerns with safety and street sweeping, and noted that student behavior is not monitored on Aralia Street. He reported that parking is available around the field and track area, and expressed support for having permit fees. In response to Council Member Selich's question, Traffic Engineer Brine indicated that staff has been working with a representative of the Aralia Street residents and that they have indicated they have spoken to all residents on Aralia Street. Council Member Selich expressed concerns with adopting an ordinance without notifying every property owner that may be affected by it. Tara Reilly -Tung stated that she did not indicate that she contacted every homeowner on Aralia Street, but that during the summer, when the City asked that she conduct a survey, residents were emailed and flyers were distributed. Since then there has been no communication. In response to Council questions, Traffic Engineer Brine reported that a permit parking program has not been adopted since 1996. He indicated that all the homeowners will be notified before the adoption of the Ordinance. He further listed the requirements under the Municipal Code relative to the number of permits allowed per resident and the fees involved in issuing permits. He added that permanent permits cannot be transferred but that guest permits can. Council Member Petros added that permanent permits are attached to vehicles and that guest permits are rear-view mirror hangers. Council Member Henn encouraged staff to make sure that residents are carefully notified about how the permits work and their costs. Motion by Council Member Petros, seconded by Council Member Gardner to adopt Resolution No. 2013.73, A Resolution of the City Council of the City of Newport Beach Limiting the Parking of Vehicles on Streets on Aralia Street; and introduce Ordinance No. 2013-20, An Ordinance of the City Council of the City of Newport Beach Amending Section 18.68.060 of the Newport Beach Municipal Code to Establish a Residential Parking Permit Program for Aralia Street, establishing a Preferential Parking Zone for a One -Hour Parking Time Limit, 7:00 a.m. - 4:00 p.m. on School Days, except by permit, and pass to second reading on November 12, 2013. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Council Member Selich, Council Member Henn Volume 61 - Page 334 City of Newport Beach City Council Minutes October 22, 2013 Absent: Mayor Curry Recused: Council Member Daigle City Manager Kiff reported that this matter will come back to Council for second reading of the Ordinance on November 1.2, 2013, and that the Resolution has been adopted. He assured that staff will communicate to neighbors about the permit terms, Council will need to approve it again for it to take effect, and the Ordinance will go into effect 30 days after adoption. Mayor Pro Tem Hill noted this is a constant, reoccurring problem, and stated that the School Superintendent and principals are dedicated to work as a team to solve the problem. Council Member Seiich commented on the possibility of the School District dedicating a pathway from Vista del Oro and the softball field. Council Member Petros reported that this has not been discussed and that those opportunities exist but need to be reinforced. ISI. MOTIONS FOR RECONSIDERATION - None )MI. ADJOURNMENT - 9:22 p.m The agenda for the Regular Meeting was posted on October 17, 2013, at 4:00 p.m, on the City's website; on October 17, 2013, at 4:00 p.m. on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive; and on October 17, 2013, at 4:00 p.m. in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive. Aiv� I &I Recording Secretary Mayor �kWd1oU U City Clerk U Volume 61 - Page 335