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HomeMy WebLinkAbout01 - Minutes AmendedAgenda Item No. 1 May 28, 2013 City Council Minutes Study Session May 14, 2013 — 4:00 p.m. II ROLL CALL - 4:00 p.m 1. CLARIFICATION OF ITEMS ON THE CONSENT Council Member Daigle noted that she s Governments (SCAG) and was advised that during Closed Session. City Attorney Harp rE but that labor negotiations can occur during�C subcommittee to advise on salary issues nd a Closed Session if it is agendized in an appropri 2. CORONA DEL MAR ENTR \\he Southern California Association of Jns-on compensation cannot be conducted at the matter is not agendized at this time, sions. He indicated that Council can form a Council can talk about compensation during CONCEPTS [100 -20131 Deputy Public Works Diiector Thomas provided a PowerPoint presentation addressing the background, the purpos flhe project the prior traffic study, and action by Council regarding the i� i matter. He detailed the details of- revised concepts for the area, addressed landscaping and signage, the results from meetingsZlh the Corona del Mar Business Improvement District (BID) and resident associations, an\d provided alternative plans and concerns raised by the BID. He highlighted thelre�sedcoricept plans, including landscaping and parking. Discussion ensued regarding the width of the number three lane between McArthur and Carnation. Deputy Public Works Director Thomas addressed the benefits of changing Carnation to a one -way street between Coast Highway and 4th Avenue, alternatives for replacement of eight lost parking spaces on Coast Highway, preliminary cost estimates for the improvements and maintenance, and presented recommendations, including directing staff to proceed with Concept 3. In response to Mayor Pro Tem Hill's question regarding parking on Carnation, Deputy Public Works Director Thomas reported that staff has not finalized parking but noted that there is one section on the curb on Carnation designated for 30- minute parking which sets precedence for time- restricted parking in the area. Council Member Gardner stated that the BID has contributed funds toward this project and asked about maintenance responsibilities. Deputy Public Works Director Thomas reported that once improvements are installed, maintenance would be the City's responsibility since improvements are within the City's right -of -way. Council Member Selich expressed the opinion that the maintenance allocation seems high for the amount of landscaping in the area. Deputy Public Works Director Thomas estimated that landscaping would be approximately 5,000 square feet. He added that decorative paving is planned Volume 61 - Page 152 City of Newport Beach City Council Minutes May 14, 2013 City Attorney Harp reported that the Charter update reflected the current state of the law at the time. He addressed the recent opinion by the California Supreme Court and reported that cities affected by that opinion are seeking a legislative fix of the issue. He added that the' City is in a good position going forward since the City already has a Charter provision. If the legislature decides not to fie it, there is a severability provision in which the specific provision would not be valid without affecting other provisions within Measure EE. Gary Kutcher, Race Director for the Orange County Marathon, presented a summary of the event, referenced the recent Boston Marathon tragedy, and thanked Council and the Newport Beach Police Department for their coordination with other agencies in increasing public safety measures. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported on a recent meeting of the General Assembly of the Southern California Association of Governments (SCAG). Additionally, she p\ Tided an update on a recent meeting-of the Affordable Housing Task Force and addressed the Housing Element and policies for determining housing needs. She added that the City's burden/is to demonstrate that it has the capacity to meet the needs and addressed ideas for using ndsAo')h 1p the City reach its housing goals. She stated that the Task Force was inte �s ed in a H� sing Preservation Program -and encouraged staff to schedule a future meeting to discuss the matter. Council Member Henn reported on a recent �� \Jthe Balboa Village Advisory Committee (BVAC) where it considered the work program,for\the-proposed Urban Land Institute Technical Advisory. Panel. Additionally, BVAC considered an Employee Parking Permit Program and discussed a concept that will be presented u input to both businesses and residents. He reported that the BVAC also discussedthe e w� parking meter technology being implemented for the Balboa Pier lots and Parking Field Survey work. Regarding yesterday's Finance Committee meeting, Council Member Henn report %that they discussed the budget presentation that was presented during today's Study Sessibn -and staffing levels. XVII. PUBLIC HEARINGS 12. ORDINANCE N0�-2.0'13 -12: DISESTABLISHING THE MARINE AVENUE BUSINESS IMPROVEME'NTrDISTRICT. 1100 -2014 City Manager Kiff provided a brief staff report and highlighted the recommendation. Council Member Gardner expressed disappointment that the Marine Avenue Business Improvement District (BID) decided not to use Visit Newport Beach, Inc. (VNB) in an effort to market the City as a whole while aintaining the individuality of each of the areas /villages /merchant associations. She urged them to reconsider the matter. Council Member Selich also expressed his disappointment. Council Member Henn indicated that he would vote to reinstate funding for marketing should the BID change its decision. Motion by Council Member Selich, seconded by Councii Member Henn to introduce Ordinance No. 2013 -12, An Ordinance of the City Council of the City of Newport Beach Repealing Ordinance No. 95 -50 and Ordinance No. 97 -37 and Disestablishing the Marine Avenue Business Improvement District, and pass to a second reading on May 28, 2013. Mayor Curry opened the public hearing. Hearing no testimony, he closed the Volume 61 - Page 162 City of Newport Beach City Council Minutes May 14, 2013 Ayes: Council Member Petros, Mayor Piro Tern Hill, Mayor Curry, Council Member Selich, Counch Member Henn, Council Member Daigle Noes: Council Member Gardner 15. 441 OLD NEWPORT MEDICAL OFFICE BUILDING APPEAL - CONDITIONAL USE PERMIT NO. UP2011 -011. [100-20131 Assistant Planner Whelan provided a staff report and utilized a PowerPoint presentation to discuss the use permit request, off -site parking, site location, details of the project, site plan, proposed parking layout, and on -site and off -site circulation. She reported that the agreement would be binding upon change of ownership and that change to the use or access of the off -site lot would require additional review. She addressed the Planning Commission's concerns. Mayor Curry invited the applicant to address Council on the matter. Raquel Gillen, representing the applicant, presented photoa" phs`of`the subject site; including the improved parking lot. ^nv att Al i Parvaneh, Attorney representing the epphcant, belie/ea ththe reciprocal agreement more than covers the additional parking requirernent� should be considered, and provides an easement that could handle an additional/24—velhiclesAon the property. He addressed exclusivity to the easement and access to Parcel B3 \ \ i Discussion followed regarding the easeme�nt runnvng with the land until 2050, availability of the off -site parking spaces throughout the agreement and during business hours, effects of future developments and uses, the possible- inclusion of a condition to reduce use or seek alternative remedies if parking(ayailabvty is reduced, and the effects of the bankruptcy proceedings to the Sid Soffer pr1 e J City Attorney Harp expre\ seed,co�ncerns regarding whether use of the parking spots within the designated hours is,ezcluswe.or not and what impact the bankruptcy proceedings will have on the agreement. He noted that there is a Condition of Approval that ties the parking situation to medical use. \� In response to'Go.nncil questions, Community Development Director Brandt indicated that the bankruptcy proceedings must be completed and awards given to the property owner so that building permits can be issued in order for the medical offices to move forward. She added that building permits must be issued under the authorization of the property owner and that this will be needed in order for the applicant to make improvements to the adjacent parking lot. Council noted that there may be a lack of recourse should the applicant lose access to the off -site parking. Mr. Parvaneh presented a photograph showing parking lifts as an option if they lose access to off -site parking. He added that in the event they lose the off -site parking, the applicant would be in breach of the tenant lease agreements and would be responsible for providing alternative parking solutions or reducing the medical use. Ms. Gillen noted that they have corroborated with staff regarding the stacked parking proposal and that valet service will be available to park the cars in the lifts. Mayor Curry opened the public hearing. Dr. Richard Haskell, owner of buildings adjacent to the subject property, expressed concern with the lack of parking in the area and stated that they will be severely impacted by the Volume 61 - Page 165 City of Newport Beach City Council Minutes May 14, 2013 proposed project. He noted that no existing non - medical building in the area can be parked "medical" and reported tearing down existing buildings in order to allow for sufficient medical office use. He asked that others do the same. He referenced written comments submitted to Council, noted that the subject building is not a 10,000 square foot building but a 14,900 square foot building, and that the applicant is misrepresenting the project. Dr Haskell confirmed that both of his buildings are parked to code. Dr. Aidan Raney, adjacent property owner, believed that the proposal is not a permanent or realistic solution. He noted that he had to abide by the same requirements in terms of parking space and square footage. He stated that, if Council allows this project to go through, there will be no incentive for anyone to redevelop the old restaurant property. He urged Council to deny the project because of the parking issue and noted that his building is a medical building which is parked to code. Katherine Cordoza addressed the reciprocal parking e speaking with one of the bankruptcy attorneys today California Franchise Tax Board recently placed another have until May 31, 2013 to appeal the claim. Furtherif 1 closure could continue until September. I£ not, the atti