HomeMy WebLinkAbout01 - MinutesApril 8, 2014
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
March 25, 2014 - 7:00 p.m.
I. STUDY SESSION - Cancelled
II. ROLL CALL — 6:00 p.m.
Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill
III. PUBLIC COMMENTS ON CLOSED SESSION AGENDA
Jim Mosher stated that, at yesterday's Finance Committee, there was discussion about the City's
discretionary reserves; however, there was not discussion about how much is held aside for legal costs.
He discussed the cases listed in the Closed Session Agenda and suggested saving legal costs by
reevaluating whether the ordinance in question needs amending.
City Attorney Harp announced that Council will adjourn to Closed Session to discuss the item as listed
in the Closed Session agenda and proceeded to read the title.
IV. CLOSED SESSION - 6:05 p.m.
A. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(a)):
Pacific Shores Properties, LLC, et al. v. City of Newport Beach
Newport Coast Recovery, LLC, et al, v. City of Newport Beach
United States District Court, Central District Case Nos. CV 08- 00457 -JVS (RNBx) & CV 09-00701 -
JVX (RNBx)
United States Court of Appeals, 9th Circuit Case Nos. 11 -55460 & 11 -55461
V. RECESS
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill
VIII. CLOSED SESSION REPORT
City Attorney Harp reported that the City Council voted unanimously to petition the U.S. Supreme
Court to review the decision of the Ninth Circuit Court of Appeals, in the case of Pacific Shores et al vs.
Newport Beach, dealing with the City's ability to regulate group homes for alcohol and drug
rehabilitation.
IX. PLEDGE OF ALLEGIANCE — Mayor Pro Tern Selich
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X. INVOCATION — Council Member Curry
XI. PRESENTATIONS
Junior Guard of the Year Presentation
Mayor Hill presented a Proclamation to Junior Lifeguard of the Year Julienne Dawido££. Julienne
Dawidoff thanked her family, the City, and those involved in her success, and commented positively on
the Junior Lifeguard Program.
Proclamation Designating the City of Newport Beach as a "Purple Heart City"
Mayor Hill presented the Proclamation to Commander Dannie Watkins. Commander Watkins, Chapter
752 of the Department of California Military Order of the Purple Heart, commented on the recognition
of veterans and addressed the organization's membership. He discussed activities and efforts of the
organization in helping veterans, and highlighted the organization's goals.
Update on the Transition to Automated Residential Refuse Collection
Public Information Manager Finnigan provided a PowerPoint presentation and noted that the
transition affects customers who are currently receiving residential refuse collection services through
the City of Newport Beach. She addressed community outreach efforts, the number of cart orders
received and information about ordering carts, and expectations during the transition. She also
highlighted new services provided by CR &R, including upcoming programs and events.
Municipal Operations Co- Director Pisani addressed the start of service, roll -out locations, delivery of
new carts, collection days, collection of trash, items to be recycled, collection of old trash cans, and the
availability of a transition map and schedule on the City's website. He noted that the proposed
Municipal Code changes will be discussed later in the meeting, in detail.
Gary Belt referenced the Municipal Code and expressed concerns with placing cans in alleys in Newport
Shores, not having appropriate clearance for kids, cars, and public safety vehicles in the alleys. He
added that he would like to see trash containers stored on the sides of houses rather than left in the
alleys.
City Attorney Harp reported that the Ordinance will be discussed later in the evening and it would be
appropriate to take comments at that time.
In response to Jim Mosher's question about the placement of containers and use of bags, City staff
stated that bags will still be allowed to be placed curbside for collection and that placement of
containers should be in the street and not on top of the curb.
XII. NOTICE TO THE PUBLIC
XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD
LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM)
Council Member Gardner announced that from April 8 to April 11, 2014, major work will be conducted
on Pacific Coast Highway (PCH), through Corona del Mar, to complete a water project and the
westbound lanes may be closed during portions of the day. She urged residents to find alternate routes
through Corona del Mar.
Mayor Pro Tom Selich reported participating in Youth Government Day, announced that a General
Plan /Local Coastal Program Implementation Committee meeting will be held on March 26, 2014, from
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12:30 p.m, to 2:30 p.m. in the Newport Coast Room, and the Land Use Element Amendment Advisory
Committee ( LUEAAC) will meet on April 1, 2014 at 2:30 p.m. Mayor Pro Tem Selich discussed the
items on both the meeting agendas, adding that the EIR for the LUEAAC meeting is online and
available for public review.
Council Member Daigle reported that PCH is the one road in Newport Beach that touches all seven
Council Districts. She noted that the closure of a lane at PCH and Dover is creating inconveniences and
backups for motorists and bicyclists, and has been going on for many months. She presented
photographs of existing conditions and pointed out the reason for the closures, noting that the permits
were granted by Caltrans, not the City and offered an alternative that she believes, will help open the
lanes.
In response to Council Member Daigle's questions, Public Works Director Webb addressed tapering of
the road and benefits to residents, as well as future opportunities to consider improving circulation in
the area. Council Member Daigle stated that she would like to see inconveniences to residents
eliminated and asked that staff use its influence and skills with Caltrans to open the lanes in the next
few days.
Council Member Henn announced the grand opening of Sessions Sandwiches on the Balboa Peninsula
on April 4, 2014, at 11:30 a.m. Additionally, he reported the opening of a new restaurant, The Sliding
Door, in Balboa Village.
Council Member Curry announced the Persian New Year and reported attending a ceremony at Corona
del Mar State Beach, as well as representing the City in Irvine at a Persian New Year celebration.
Mayor Hill announced the recent passing of his father -in -law, Marlan Bourns. Additionally, he reported
the births of his fourth and fifth grandchildren, Charles Rush Pomer and Penelope Campbell Hill. He
reported representing the City at the 50th Annual Mayor's Prayer Breakfast and commended Pamela
Curry for her coordination of the event. Additionally, he reported attending the Toshiba Senior Classic
Champions Tour and commented on the amount of funds raised for Hoag Hospital and education efforts
in the City.
3UV. PUBLIC COMMENTS ON CONSENT CALENDAR
Council Member Daigle commented on Supplemental Item 19 (Professional Services Agreement with
Newport Beach & Company to Manage NBTV Programming and Station Operations), noting that she
received assurance from staff that the plan has solid priorities and goals.
Regarding Item 4 (Cooperative Agreement No. C -3 -2083 for the Newport Boulevard (South) Regional
Traffic Signal Synchronization Project), Council Member Henn reported that this addresses a section of
Newport Boulevard which will allow the full synchronization of signals up throughCosta Mesa.
Council Member Curry commented positively on Item 5 (Newport Coast Community Center Stage
Remodel), indicated that it will help in fully utilizing the facility and the programs it offers.
Jim Mosher commented on Supplemental Item19, believing that the City should spend its money
towards improving internet coverage of City events rather than on a channel that staff has reported has
zero viewers due to the high diversity of other choices available. However, if the City would like to
proceed, he provided alternate ideas and expressed concerns regarding allowing Newport Beach &
Company to manage NBTV. He suggested issuing a Request for Proposal (RFP) before committing the
funds.
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Regarding Supplemental Item 19, Lori Morris believed that the corporate relationship between Visit
Newport Beach (VNB) and Newport Beach & Company is unclear and expressed concerns with the
funding and sponsorships.
In response to concerns regarding Supplemental Item 19, Council Member Daigle reported that there
will be a monthly accounting of all revenues and expenditures, as well as sponsorships.
XV. CONSENT CALENDAR
A. READING OFMINUTES AND ORDINANCES
1. Minutes for the March 11, 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 City Clerk to read by title
only.
B. RESOLUTION(S) FOR ADOPTION
3. Resolution to Approve the Submittal for a Functional Classification Change for
Tustin Avenue [100 -2014]
Approve Resolution No. 2014 -26, A Resolution of the City Council of the City of Newport Beach
Approving the Submittal of a Functional Classification Change for Tustin Avenue to the State of
California, Department of Transportation (Caltrans), from Santiago Drive to 23rd Street from
"Collector" to 'Local' street on the California Road System maps.
C. CONTRACTS AND AGREEMENTS
4. Cooperative Agreement No. C -3 -2083 for the Newport Boulevard (South) Regional
Traffic Signal Synchronization Project (C -5776) [381100 -2014]
Authorize the Mayor to execute Cooperative Agreement No. C -3 -2083 between OCTA and the
cities of Newport Beach and Costa Mesa for the Newport Boulevard (South) Regional Traffic
Signal Synchronization Project.
Mayor Hill recused himself since he owns property within 500 -feet of the
Synchronization Project.
5. Newport Coast Community Center Stage Remodel - Award of Contract No. 5540
(CAP14 -0002) [381100 -2014]
a) Approve the project plans and specifications;
b) Award Contract No. 5540 to A.J. Fistes Corporation for the Total Bid Price of $71,297.00
and authorize the Mayor and the City Clerk to execute the contract;
c) Establish a contingency amount of $14,203.00 (approximately 20% of Total Bid) to cover the
cost of unforeseen work; and
d) Approve Budget Amendment No. 14BA -038 appropriating $50,000 from the unappropriated
General Fund balance to account 7011- C1002043.
6. OCTA Cooperative Agreement for Bicycle Corridor Improvement Program Projects
[381100 -2014]
a) Approve Cooperative Agreement No. C -2 -1899 between the City of Newport Beach and
OCTA for the OCTA Bicycle Corridor Improvement Program for the Newport Bike Lane
Improvement Project (C- 5777);
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b) Approve Cooperative Agreement C -2 -1901 between the City of Newport Beach and OCTA
for the OCTA Bicycle Corridor Improvement Program for the Eastbluff Drive -Ford Road
Bike Lane Improvement Project (C- 5778); and
c) Authorize the Mayor and City Clerk to execute the agreements.
Council Member Daigle recused herself since she owns property within 500 -feet of the
proposed Eastbluff Drive Bicycle Lane.
7. Agreement with Municipal Water District of Orange County to Accept Potable Water
Trailer (C -5781) [381100 -2014]
Approve the agreement with Municipal Water District of Orange County to transfer ownership
of a potable water trailer to the City, and authorize the Mayor and City Clerk to execute the
agreement.
8. Marina Park Project - Demolition and Tree Relocation (Bid Package 1): Completion
and Acceptance of Contract No. 3897 -A (CAP09 -0070) [381100 -2014]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for
the project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after this Council acceptance.
D. MISCELLANEOUS
9. Planning Commission Agenda for March 20, 2014 [100 -2014]
Receive and file.
10. Capital Improvement Program Budget Transfers [100 -2014]
Approve Budget Amendment No. 14BA -037 appropriating $456,200 from the unappropriated
Measure M Fair Share fund (280 -3605) to Account 7282- C2001009 for the FY 13/14 Sidewalk,
Curb and Gutter project and transferring $99,800 from 7013- C2001009 (Sidewalk, Curb and
Gutter) to 7013- C3001003 (Transportation Model Maintenance) and $89,400 from 7013-
C2001009 (Sidewalk, Curb and Gutter) to 7013- C3002021 (Eastbluff Bike Lane).
Council Member Daigle recused herself from this item because she owns property
within 500 -feet of the Eastbluff Bike Lane, and Mayor Hill recused himself from this
item because he owns property within 500 -feet of the Sidewalk, Curb and Gutter
Project.
11. General Plan Annual Status Report, Including Housing Element Report (PA2007 -195)
[100 -2014]
a) Review and comment; and
b) Authorize submittal to Office of Planning and Research (OPR) and Department of Housing
and Community Development (HCD).
S19. Professional Services Agreement with Newport Beach & Company to Manage NBTV
Programming and Station Operations (C -5762) [381100 -2014]
a) Authorize the Mayor to approve a Professional Services Agreement with Newport Beach &
Company for the management of NBTV operations and programming at a not -to- exceed cost
of $150,000 per year; and
b) Authorize the Mayor and City Clerk to execute the Agreement.
Motion by Mayor Pro Tem Selich, seconded by Council Member Council Member Henn, to
approve the Consent Calendar; and noting the recusals by Council Member Daigle on Items 6 and 10
and Mayor Hill's recusals on Items 4 and 10.
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The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVII. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Dannie Watkins, Orange County resident, reported recently attending a City Council meeting in the
City of Irvine where they voted to designate 100 acres in the Great Park for a State Veterans Cemetery.
He urged City Council to consider and approve this item.
Michael Alti and Jane Gissi asked that the City enforce Chapter 10.28 of the Newport Beach Municipal
Code because their neighbors have been holding extremely loud parties during early morning hours.
They noted working with the Homeowner's Association (HOA) and the Police Department but that the
parties have continued. Mr. Alti believed that the system places a burden on the affected neighbors,
adding that no citations have been issued. He urged the City to resolve the matter.
Deputy Police Chief McGill reported that the Police Department has been working with the residents
and reported that, when officers arrive at the scene, the noise has stopped, stating that they need to
observe and hear the noise, which has been difficult to do. He stated that the Police Department will
continue to work with Mr. Alti and the HOA.
Jim Mosher commented on the retention of public records, suggested simplifying the process for the
public to provide comments to staff and the decision makers, and spoke on the separation of church and
State as it relates to the City renting the old City Council Chambers to a local church for services.
Patrick Heinz, concierge at the Balboa Bay Resort, commented on the number of calls received from lost
and confused drivers who miss the turn at the corner of West Coast Highway and the Resort since there
is no street name. He suggested naming the street, provided suggestions for street names, and believed
that a sign on the traffic light would result in a smoother traffic flow on West Coast Highway.
Mayor Hill reported that the Resort is in his District and will follow up with staff regarding the matter.
Council Member Henn expressed his support.
Robert Kopieki expressed concerns regarding the construction projects that have been staged at Big
Canyon Reservoir, as well as increases in traffic, noise and dirt. He suggested eliminating the use of
the Reservoir as a staging area or providing training and encouraging drivers to take alternate routes.
He also suggested adding signage.
Council Member Gardner noted that she will follow up with staff to see if improvements can be made.
Lori Morris reported that Newport Beach Police logs have been down for the last three weeks and
commented on the destruction of public records.
City Attorney Harp reported that consideration of the City's Records Retention Policy will be before
Council at its second meeting in April. He encouraged residents who would like to comment on the
matter to attend the meeting.
City Manager Kiff addressed the Police logs, noting that the City has recently changed to a new records
management system and that there may be a bug in getting the Police log information out. The Police
Department is aware of the issue and is working on fixing it.
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XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
As one of the Trustees for Orange County Vector Control, Council Member Daigle reported a
breakthrough regarding the recent mosquito problem in Big Canyon. She thanked the City's
engineering staff for coming up with the solution and addressed approval of permits by various agencies
to proceed as an emergency action. She addressed another meeting of Vector Control where a briefing
was given by Orange County Animal Control regarding the release of cats into the community.
Council Member Henn provided a summary of the Tidelands Management Committee meeting on
March 19, 2014 which included discussions about sea wall and sea level rise planning. He also
indicated that, at the Finance Committee meeting on March 24, 2014, they received a report on a recent
audit and level of reserves.
Council Member Gardner provided a brief summary of the recent Water Quality /Coastal Tidelands
Committee meeting, including items discussed at that time. She addressed selenium in Big Canyon and
commended staff for their work and effort.
Council Member Petros provided a brief summary of the recent Balboa Village Advisory Committee
(BVAC) meeting and addressed items discussed.
Mayor Hill reported that the application deadline for the Special Events annual application has been
extended to March 31, 2014, at 4:00 p.m.
XIX. PUBLIC HEARING
12. Appeal of the Planning Commission's Decision to Approve Conditional Use Permit
No. UP2013 -023 for 2240 University Drive (PA2013 -206) [100 -2014]
Deputy Community Development Director Wisneski introduced the item, reporting approval of the
project by the Planning Commission but the City received an appeal following that meeting.
Planning Technician Jason Van Patten provided a PowerPoint presentation and discussed the
project location, background, existing conditions, parking, proposed and alternative floor plan,
operations based on peak periods during the day, evening and weekend usage, parking
requirements for assembly use based on seats, approval by the Planning Commission, reasons for
the appeal listed by the Appellant and responses provided by staff, independent traffic and parking
analysis provided by the Applicant, and recommendations.
Council Member Gardner indicated interest in hearing why the Conditional Use Permit (CUP)
should not be granted as she has not seen anything in the appeal that would cause her to want to
overturn the Planning Commission's decision.
Council Member Petros noted reading in the staff report that the Appellant relies on 140 parking
spaces and asked regarding the size of the building. Deputy Community Development Director
Wisneski noted that the complex does not have designated parking spaces for the individual
businesses. Planning Technician Van Patten reported that the size of the Appellant's building is
10,595 net square feet and that parking requirements for office use is one space per 250 net square
feet. Therefore, 140 parking spaces would net out to be for an approximately 35,000 square foot
building which is much larger than the existing building. Council Member Petros noted that the
Covenants, Conditions and Restrictions (CC &Rs) require a fair and equitable use of parking.
Mayor Hill opened the public hearing.
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XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
As one of the Trustees for Orange County Vector Control, Council Member Daigle reported a
breakthrough regarding the recent mosquito problem in Big Canyon. She thanked the City's
engineering staff for coming up with the solution and addressed approval of permits by various agencies
to proceed as an emergency action. She addressed another meeting of Vector Control where a briefing
was given by Orange County Animal Control regarding the release of cats into the community.
Council Member Henn provided a summary of the Tidelands Management Committee meeting on
March 19, 2014 which included discussions about sea wall and sea level rise planning. He also
indicated that, at the Finance Committee meeting on March 24, 2014, they received a report on a recent
audit and level of reserves.
Council Member Gardner provided a brief summary of the recent Water Quality /Coastal Tidelands
Committee meeting, including items discussed at that time. She addressed selenium in Big Canyon and
commended staff for their work and effort.
Council Member Petros provided a brief summary of the recent Balboa Village Advisory Committee
(BVAC) meeting and addressed items discussed.
Mayor Hill reported that the application deadline for the Special Events annual application has been
extended to March 31, 2014, at 4:00 p.m.
XIX. PUBLIC HEARING
12. Appeal of the Planning Commission's Decision to Approve Conditional Use Permit
No. UP2013 -023 for 2240 University Drive (PA2013 -206) [100 -2014]
Deputy Community Development Director Wisneski introduced the item, reporting approval of the
project by the Planning Commission but the City received an appeal following that meeting.
Planning Technician Jason Van Patten provided a PowerPoint presentation and discussed the
project location, background, existing conditions, parking, proposed and alternative floor plan,
operations based on peak periods during the day, evening and weekend usage, parking
requirements for assembly use based on seats, approval by the Planning Commission, reasons for
the appeal listed by the Appellant and responses provided by staff, independent traffic and parking
analysis provided by the Applicant, and recommendations.
Council Member Gardner indicated interest in hearing why the Conditional Use Permit (CUP)
should not be granted as she has not seen anything in the appeal that would cause her to want to
overturn the Planning Commission's decision.
Council Member Petros noted reading in the staff report that the Appellant relies on 140 parking
spaces and asked regarding the size of the building. Deputy Community Development Director
Wisneski noted that the complex does not have designated parking spaces for the individual
businesses. Planning Technician Van Patten reported that the size of the Appellant's building is
10,595 net square feet and that parking requirements for office use is one space per 250 net square
feet. Therefore, 140 parking spaces would net out to be for an approximately 35,000 square foot
building which is much larger than the existing building. Council Member Petros noted that the
Covenants, Conditions and Restrictions (CC &Rs) require a fair and equitable use of parking.
Mayor Hill opened the public hearing.
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Barry Ross, Attorney representing Back Bay University, LLC and Mobilitie, LLC, (Appellant),
indicated that his clients oppose the CUP and noted submitting a detailed letter dated March 25,
2014, and asked that it be part of the record for this proceeding. He also requested that the letter
dated January 23, 2014 that was submitted to the Planning Commission be part of the
administrative record. He reported that a CUP is a discretionary permit and noted that for one to
be issued there must be certain findings, but none have been established. Additionally, he stated
that the staff report does not distinguish between a commercial office use and an assembly or
religious institutional use, and listed differences between them. He referenced Castaic Lake Water
Agency u. City of Santa Clarita and Laurel Heights Improvement Association v. Regents of
University of California and listed corresponding court actions and decisions. He added that in
documents submitted by the Applicant, there is nothing to indicate that the listed cases are not
applicable. He also state that he believes there is a need for an Environmental Impact Report
(EIR), and that the staff report failed to consider the reasonably foreseeable consequences of future
uses by the Applicant, such as future expansion and development which would attract more
congregants. He believed that the City also failed to consider impacts to emergency vehicle access.
He requested that Council deny the application for the CUP or continue the hearing so staff may
provide consideration to the points presented. Additionally, he requested the matter be continued
as he only received the Applicant's letter and accompanying documents today and had not had an
opportunity to review them. He noted that the CC &R, the City's Zoning Code, and the General Plan
specify that the use on the property is limited to commercial use. He added that the Applicant is
already using the address even though they are still in escrow and have not been issued a CUP.
Council Member Gardner indicated that she does not understand the emergency vehicle access or
the California Environmental Quality Act (CEQA) argument presented by Mr. Ross.
In response to Council Member Gardner's questions, Mr. Ross reported that the CEQA issues relate
to increased traffic and parking throughout the week. He noted that one of the differences between
commercial and assembly use is that a large number of people will be coming at one time, stay for a
fixed period of time, and leave at the same time when the event is over, which does not occur with
commercial office buildings. Relative to emergency vehicle access, he stated that the property has a
difficult access route for such vehicles due to the way the egress /ingress is designed.
Council Member Daigle addressed the determination of parking requirements in the City, noting
that it is not determined by the number of people, but rather by the use. She referenced the
Parking Management Plan and asked for Mr. Ross's view of it. Mr. Ross reported that there is no
Parking Management Plan at the Association and noted the provisions in the CC &R.
Council Member Daigle referenced Exhibit B (Parking Management Plan) and asked for
clarification from staff regarding off -site agreements. Deputy Community Development Director
Wisneski reported that the use requires a Parking Management Plan to comply with parking
methods used. Any type of expansion of the use will require an amendment to the CUP and to the
Parking Management Plan.
Mr. Ross stated that the City can consider the impact of the location which would be a reason to do
a Mitigated Negative Declaration (MND) or EIR. He added that the approval of the application
would increase the use of the facility.
Council Member Petros took issue with Mr. Ross's comments regarding the March 25, 2014 letter
which implied that Council received it prior to the meeting and noted that the Applicant had not
submitted the letter in time for him to review it. He clarified that the materials from Mr. Ross were
provided today and Council Members have not had time to review them. Although he is not an
attorney, he stated that he is a partner in an environmental planning and traffic engineering firm
and will have comments later about the studies presented.
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Carol McDermott, Entitlement Advisors representing the Newport Jewish Center (Applicant),
provided information regarding the organization and apologized for the additional material
submitted late today, adding that the last minute submittal by Mr. Ross gave them no choice but to
respond. She added that her client stands by its request for approval of the CUP and noted that the
project received unanimous approval by the Planning Commission. She believed that the appeal
has been filed without merit or basis by one property owner who has refused to meet with them.
She addressed the Center's contributions to the community. She requested additional time to
ensure the adequacy of the record and deferred to her colleague, Marshall Krupp.
Marshall Krupp, President and CEO of CSA Strategies, referenced submittal of documents and
apologized for the late submittal. He reported that he was invited to look at this project two weeks
prior to it being presented to the Planning Commission. He commented on the appeal and reported
that, throughout the process, the Applicant has attempted to meet with the Appellant to work on
resolving issues of concern, but was not successful. He referenced documents he prepared dated
March 24 and March 25, 2014, and asked that they be incorporated into the record. He addressed
the parking trip generation study, specific limitations of the use of the assembly area, and
limitation of the Center's growth included in the CC &R, and reported that the Center is not a
membership organization and has no intention of expanding. He stated that he does not know of
any CEQA issues that would be relevant in this case other than parking and traffic, which has been
addressed by the limitations established by City staff. He commented on this being a proper use of
the property, and referenced a prior zoning district and Administrative, Professional and Financial
District (APF) which allows religious assembly. He acknowledged the team working on this and
noted the attendance of many community members, asking those who support the project to stand.
He addressed the length of time the Center has been serving the community, commented on the
benefits to the community by moving the facility out of Corona del Mar, and spoke on efforts made
by the Applicant to discuss and determine the real issues with the Appellant and generate possible
resolutions. He added that, if the issue is parking, the Parking Management Plan addresses it and
that the Center has signed agreements with the nearby YMCA and the Newport Beach Golf Course
for additional parking if needed. He urged Council to support the CUP and allow the Center to
proceed and expressed hope that the Appellant will meet with them to resolve any issues.
In response to Council Member Daigle's previous question regarding whether the off -site signed
agreements with neighbors are part of the CUP, Mr. Krupp reported they were not but, that they
have been included in the record for this hearing. Additionally, the duration of both agreements are
indefinite and addressed the number of spaces approved within the agreements.
Mr. Ross reported that the matter regarding the APF zone is irrelevant and that the key issue is the
zoning that exists now.
Council Member Curry reported touring the facility and commented positively on the community
resource.
In response to Council Member Petros' question regarding how the City determined if there was an
environmental effect associated ith parking and traffic, Deputy Community Development Director
Wisneski reported reviewing the CEQA guidelines when the categorical exemption was determined.
Additionally, the City's ordinances and rules were used in the creation of the parking and traffic
study.
Council Member Petros emphasized that the City has not used the subversion of rules to regulate
and protect the environment, but rather has applied the proper rules in arriving at its
determination. He addressed the differences in the cases referenced by Mr. Ross with the present
project and the intentions of CEQA, and reported that through the parking and traffic studies,
information is available to determine that this use will have less of a traffic and parking impact
than commercial use. He addressed the Parking Management Plan and Conditions of Approval
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limiting expansion of the use and commented on the design features not creating changes to
emergency access. He stated that he sees no reason not to support the application.
In response to Council Member Henn's question regarding the information submitted by Mr. Ross
and cases cited by him, City Attorney Harp reported that neither of the cases cited or
correspondence submitted by Mr. Ross makes the categorical exemption inapplicable in this
circumstance. He added that the change of use is appropriate through the process the Applicant
has gone through.
In response to Council Member Daigle's question regarding the separate agreements entered into by
the Applicant for additional parking, Deputy Community Development Director Wisneski reported
that there are certain high holidays that generate increased parking needs, and that is why the
Applicant has entered into off -site parking agreements.
Mayor Hill took a straw vote of Council and all Council Members indicated their support of the
application and rejection of the appeal.
Stephen Abraham spoke in support of the CUP and addressed the Planning Commission's approval
of the project. He noted that the Appellant has defined the issues as traffic and parking, but has
had 60 days to prepare for this matter. He agreed with the City Attorney regarding CEQA
considerations and commented on the cases cited by the Appellant's attorney and noted that his
criticisms are not applicable.
Jim Mosher noted the name of the Appellant, stated that the company (Mobilitie, LLC) is building
cell towers, and referenced their other projects that have appeared before Council. He believed that
it was ironic that they have argued for the unobtrusive towers and structures but oppose this use.
Additionally, he commented on information that was not made aware by the company in relation to
prior applications and the vague noticing provided when one of the cases was before the Coastal
Commission.
Council Member Petros stated that he does not care who the Appellant is and assured everyone that
Council's decision is based on the merits of the matter before Council at this time.
City Attorney Harp asked Mr. Ross if he had anything additional he would like to add. Mr. Ross
responded that he did not wish to make any additional comments.
Hearing no further testimony, Mayor Hill closed the public hearing.
Motion by Mayor Hill, seconded by Council Member Curry, to a) find that this project is
exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 -
Existing Facilities) of the CEQA Guidelines; and b) adopt Resolution No. 2014 -27, A Resolution of
the City Council of the City of Newport Beach Upholding the Decision of the Planning Commission
and Approving Conditional Use Permit No. UP2013 -023 for a Religious Assembly Use and a Joint
Use of Parking Located at 2240 University Drive (PA2013 -206).
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill
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13. Automatic Aid Agreement for Exchange of Fire, Rescue & Emergency Medical Services
Between the Orange County Fire Authority and the City of Newport Beach (C -3493)
[381100 -20141
City Manager Kiff introduced the item, noting that this was supposed to be a Consent Calendar
item and offered to respond to questions from Council.
Motion by Council Member Curry, seconded by Council Member Henn, to approve the
Automatic Aid Agreement with the OCFA for Exchange of Fire, Rescue & Emergency Medical
Services, and authorize the Mayor and City Clerk to execute the Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill
14. Ordinance Amending Newport Beach Municipal Code Subsection 17.60.030(A) Relating to
Residential Pier Permits [38/100 -20141
Mayor Pro Tem Selich recused himself from this item since he owns a private pier.
City Attorney Harp presented a brief report and addressed a complaint filed regarding possible
violations of the Brown Act relative to the adoption of a Resolution establishing fair market value
rent for residential piers, as well as a model for a residential pier permit. He reported that the
complaint lacks merit and there is no basis for the lawsuit. He stated that the City reached a
settlement with the Dockowners Association which will provide that they dismiss their complaint
and not recover attorney fees or costs if Council adopts an ordinance extending the term of pier
permits from ten years with up to a maximum of 50 years.
Jim Mosher commented on Council's correction of the Harbor Code in response to a court case and
discussed the recent Vallely court case in the Superior Court which found that Section 17.60.60(E)
of the Newport Beach Municipal Code is not understandable and believed that the City should
correct that Section before litigation.
Motion by Council Member Curry, seconded by Council Member Henn, to a) introduce
Ordinance No. 2014 -8, An Ordinance of the City Council of the City of Newport Beach Amending
Newport Beach Municipal Code Subsection 17.60.030(A) Relating to Residential Pier Permits, and
pass the ordinance to second reading on April 8, 2014; and b) authorize the City Manager to execute
the Settlement Agreement and Release with the Association (C- 5779), if Ordinance No. 2014 -8 is
adopted on April 8, 2014.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council
Member Henn, Council Member Daigle, Mayor Hill
Recused: Mayor Pro Tern Selich
15. 2013 -2014 Streetlight Improvement Project - Award of Contract No. 5495 (CAP13 -0021)
[381100 -20141
City Manager Kiff introduced the item, stated there is no presentation, and offered to respond to
Council questions.
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Jim Mosher commented positively on staffs inclusion of big ticket items under Current Business so
the public can comment. He addressed expectations of the new lights saving money in the long run,
believed that the City could save more money by eliminating some lights in specific areas of the
City, and wondered if people who will be affected by the installation of new lights have been
notified. He commented negatively on a recent experience regarding replacement of a burnt street
light and believed that the service would have been better if performed by a City employee.
Motion by Council Member Curry, seconded by Council Member Henn, to a) approve the
project plans and specifications; b) award Contract No. 5495 to California Professional Engineering,
Inc., for the total bid price, including additive bid items, of $468,700.00 and authorize the Mayor
and the City Clerk to execute the contract; and c) establish a contingency of $47,300.00,
approximately 10 percent, to cover the cost of unforeseen work.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill
16. Appointment of a New Water Quality /Coastal Tidelands Committee Member [100 -20141
City Clerk Brown reported that the City Council will vote by paper ballot to appoint a new Water
Quality /Coastal Tidelands Committee Member to fill the unexpired balance of Laird Hayes' term
which expires on January 22, 2017, and noted that in order to be appointed, the appointee needs to
receive at least four votes.
City Clerk Brown announced the following votes
Kathleen Andrews — Council Member Gardner
Michael Melby — Council Member Petros, Council Member Curry, Council Member Henn, Council
Member Daigle, Mayor Pro Tem Selich, Mayor Hill
City Clerk Brown announced that Michael Melby was appointed to the Water Quality /Coastal
Tidelands Committee. She also added that she will contact him so that he may resign from his
position on the Land Use Element Amendment Advisory Committee (LUEAAC).
Jim Mosher requested clarification regarding Council Policy relative to Committee Members not
being able to serve on standing committees.
City Attorney noted that the Policy stated they cannot serve on two Committees.
17. Ordinance 2014 -7, Amending Chapter 6.04 of the Newport Beach Municipal Code
Relating to Solid Waste Collection [100-20141
Public Information Manager Finnigan presented details of the report, addressing background,
changes made based on Council's comments, categories for proposed changes, service providers in
the City providing refuse collection, and allowed refuse containers.
Municipal Operations Co- Director Pisani addressed the proposed changes as requested by Council,
including storage of containers, permission by Code Enforcement related to storage in alleyways,
and requiring that trash enclosures and the concrete around them remain clean.
Council Member Gardner commented on options for storing refuse containers
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Council Member Petros commented on the period of time when residents can return containers
originally obtained to get another size.
City Manager Kiff noted that, regarding placement of containers in alleys, the matter was
considered For people that could not fit 33- gallon containers in the side yard.
Council Member Henn expressed concerns that there will be a potential abuse of containers being
placed in alleys and this would place the burden on Code Enforcement to make determinations and
follow up on cases. He added that he has a large number of rental units in his District and stated
that rental occupants are less concerned about how trash is handled in alleys. He stated that he
would prefer eliminating that Section in the Ordinance and dealing with problems as they have
been in the past. Additionally, he commented on discouraging scavengers. He added that he would
support the Ordinance striking the provision regarding storing containers in alleys.
Council Member Gardner noted that there are residents who do not have enough room to store
refuse containers and will need to place them in the alley.
Council Member Henn reported that it in some people's view it may be considered feasible to store
containers on the sides of houses, although it is less convenient. He commented on the importance
of maintaining clean alleys and asked regarding inclusion of an appeal procedure in the Ordinance.
City Attorney Harp reported there is none.
Council Member Daigle commented on the possibility of an exception procedure. Council Member
Henn expressed concerns with including something in the Ordinance regarding alleyways and
stated that he would be willing to consider an appeal procedure in the Ordinance.
Mayor Pro Tom Selich noted that present procedures are working and suggested not changing them,
to which Council Member Henn agreed, noting that by striking the proposed language we are really
just continuing the present language in the ordinance that seems to have worked fine in the past.
Council Members Curry and Gardner agreed with Council Member Henn.
Motion by Council Member Henn, seconded by Council Member Petros, to introduce
Ordinance 2014 -7, An Ordinance of the City Council of the City of Newport Beach Amending Chapter
6.04 of the Newport Beach Municipal Code Relating to Solid Waste Collection and Disposal, with the
removal of the provision regarding receiving authorization to place refuse containers in the
alleyways, and pass to second reading on April 8, 2014.
Gary Belt believed that placing containers in alleys would be an enforcement issue, noting there is
not enough Code Enforcement staff to police the matter. He asked regarding large item pickup.
Municipal Operations Co- Director Pisani noted that currently, there is unlimited large item pickup
and CR &R will continue this practice in addition to offering other expanded services, like allowing
heavy, bulky items to be picked up four times per year.
City Manager Kiff noted that Code Enforcement staff is comprised of five people and that the City's
Refuse Division Supervisor will also do some enforcement. Additionally, he addressed ways in
which residents can voice complaints and noted that complaints can also be filed using the MyNB
mobile app.
City Attorney Harp reported that there are terms that need to be added and read the revised
language as proposed by Council Member Henn.
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Jeff Dole, President of Balboa Peninsula Point Association (BPPA), commended the City for
addressing the traffic issue on the Peninsula. He addressed improvements made to the alleys,
spoke in opposition to allowing the placement of refuse containers in the alleys, and agreed with
Council Member Henn.
Alison Ryffle, incoming BPPA President, spoke in support of Mr. Dole's and Council Member Henn's
comments.
Jim Mosher commented on the possibility of using only trash bags for refuse, noting that the
Ordinance allows this.
Steve Himel requested clarification regarding the definition of solid waste, bulky items, and green
waste, noting that the new containers do not comply with the current Code.
City Manager Kiff noted that green waste can be discarded in bags (not in bundles) or in the refuse
containers. Additionally, he discussed the difference between solid waste and bulky items.
Mr. Himel reported that bulky items are included with solid waste and believed that the Ordinance
should be clarified. City Manager Kiff reported that staff will look into the matter and addressed
when the Ordinance will take effect.
Discussion followed regarding size limitations for items.
Council Member Petros reported receiving calls from residents expressing concerns regarding
storing containers in alleys and stated that he will support the motion.
Discussion ensued regarding closure of lids.
Amended Motion by Council Member Henn, seconded by Council Member Petros, to
introduce Ordinance 2014 -7, An Ordinance of the City Council of the City of Newport Beach
Amending Chapter 6.04 of the Newport Beach Municipal Code Relating to Solid Waste Collection
and Disposal, with the removal of the provision regarding receiving authorization to place refuse
containers in the alleyways and the inclusion of a provision requiring the closure of commercial bins
and cleaning of the trash enclosure area, and pass to second reading on April 8, 2014.
The amended motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill
18. Consideration of Agreement for Integrated Enterprise Resource Planning Software
System (ERP) and Implementation Services (Tyler Technologies Inc.) (C -5780) [381100-
2014]
City Manager Kiff introduced the item, noting there is no presentation unless Council desires one
and offered to respond to questions from Council. He reported that the Finance Committee
reviewed the matter thoroughly and unanimously recommended Council approval.
Council Member Henn reported that this is a large undertaking and emphasized the importance of
getting the system right. He commented positively on the staff report and commended staff for
conducting a thorough and appropriate process. He added that a lot depends on execution, but
voiced support for staffs recommendation.
Council Member Daigle also commended the staff report provided for this item.
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Motion by Council Member Henn, seconded by Council Member Daigle, to approve and
authorize the Mayor to execute an agreement with Tyler Technologies Inc. for the purchase,
installation, and implementation of an Enterprise Resource Planning Software System and related
subsystem software in an amount not to exceed $3,766,697.
In response to Gary Belt's question, City Manager Kiff reported that the cost includes some
hardware but mostly software and that the City upgraded all of its hardware upon moving to the
new Civic Center.
Jim Mosher commented on his respect for City staff, the new agenda system, and glitches with the
Police reporting system, and expressed hope that there will be guidance from experts in the
execution of the system.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill
2M. MOTION FOR RECONSIDERATION - None
Regarding Item 16, City Attorney Harp corrected a previous statement regarding Council Policy A -2,
noting that the Policy discusses one standing committee.
XXII. ADJOURNMENT —Adjourned at 10:05 p.m. in memory of Jamye Rogers
The agenda for the Regular Meeting was posted on March 20, 2014, at 4:00 p.m. on the City's
website, and on the City Hall Electronic Bulletin Board and in the Meeting Agenda Binder
located in the entrance of the City Council Chambers at 100 Civic Center Drive. The
supplemental agenda for the Regular Meeting was posted on March 21, 2014, at 1:30 p.m. on
the City's website, and on the City Hall Electronic Bulletin Board and in the Meeting Agenda
Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive.
City Clerk
Recording Secretary
Mayor
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