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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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City Clerk
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