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HomeMy WebLinkAbout01 - Minutes - AmendedAgenda Item No. 1 November 12, 2013 CITY OF NEWPORT BEACH City Council Minutes Special Meeting October 22, 2013 — 5:00 p.m. II. ROLL CALL - 5:00 a.m. Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem. Hill, Council Member Selich, Council Member Henn, Council Member Daigle Absent: .Mayor Curry Jim Mosher believed that it is appropriate to inform the suggested that Council develop a policy relative to when:; In response to Council Member Gardner's its last special meeting about a year ago. City has not abused the need for special me City Attorney Harp reported that litigation filed by MORN et al. v. agenda (Item 3.A.1). III. CLOSED SESSION - 5:03 at is new about the case and should be called. Harp reported that Council held r expressed the opinion that the will adjourn into (Closed Session to discuss the Beach, et al. as set forth in the Special Meeting A. CONFERENCE WITH,LEGAL COUNSEL - EXISTING LITIGATION (Government-Code §15'495 6.9 (a) ): 1. MORAet\\ l!`-CV y of Newport Beach, et al. Orange bounty Superior Court Case No. 30 -2011- 00447004- CU- WM -CJC The City Council reconvened at 5:24 p.m. with all members of Council present, except for Mayor Curry. City Attorney Harp announced that there were no reportable actions taken. IV. ADJOURNMENT - 5:24 p.m. The agenda for the Special Meeting was posted on October 21, 2013, at 10:20 a.m. on the City's website; on October 21, 2013, at 10:20 a.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 21, 2013, at 10:00 a.m. in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive. Volume 61 - Page 320 City of Newport Beach City Council Minutes October 22, 2013 Pro Tem Hill recused himself since he owns property within. 500' of the subject property. 12. CODE AMENDMENT INITIATION FOR PROPERTIES LOCATED AT 2022, 2026, 2032, 2034, 2038 AND 2042 MIRAMAR DRIVE (PA2013 -211). [100 -20131 Initiate an amendment to Setback Map No. S -2G of the Zoning Code changing the required rear alley setback from 6 feet to zero feet, consistent with the standard rear alley setback for other properties in the City when located adjacent to a 20- foot -wide alley. 13. CITY HALL AND LIMITED OFFSITE 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). [381100 -20131 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'stay'January 1, 2014, resuming normal services Thursday, January 2, 2014. The proposed City Hall closure does not apply to public safety or other essential functions1Aat\provide necessary operational services. (( PI-7 14. ACCEPTANCE OF FUNDS FROM THE CALIIFFORNIAA BOARD OF STATE AND COMMUNITY -CORRECTIONS. [100�2013]'� a)'Approve Budget Amendment No. 14BA -017 to accept $47,042.65 from�the'California Board of State and Community h Corrections (BSCC) and deposit into\Nev� 1enue e' 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. n1 \\ 15. DIRECTION TO STAFF�ON -ONE ISSUE. [100 -20131 Direct the City staff to return with a staff report aliouf�a- process to follow to open portions or all of the Lower Castaways park sitefor.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 ProlTem Hill on Item 10. �j. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern 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- 20131 Mayor Pro Tern Hill recused himself from this item since he owns property within 500 feet of the subjecKproperty. Council Member Henn announced that the Balboa Bay Resort would like to make a presentation. Volume 61 - Page 326 City of Newport Beach City Council Minutes October 22, 2013 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 enviromnent; 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 Tern Hill, Council Member Selich, Council Member Henn, Council Membdi- Daigle Absent: Mayor Curry —(A \ 1 XX. CURRENT BUSINESS 19. PARKING RESTRICTIONS - CORONA DEL<MAR�H•IGH SCHOOL AREA. 1100 -20131 City Manager Kiff noted that Council Member DAfgle lives within 500 feet of one of the properties. He recommended discussmg 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�D ra gle can participate. He noted that conditions on Domingo Drive and Amigos Way are /diffeept 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 Bririe \provided the staff report to discuss the history of the issue, impacted areas around.Corona del M r 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. He 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 had at Corona del Mar and Newport Harbor High Schools. He reiterated that the school principals and representative: of the School District have acknowledged that there is a problem, accept their responsibilities for the issues, and agree that this is an issue that needs to be addressed by both the School District and City. He noted that there is more than enough supply in the school's pool lot to Volume 61 - Page 332 City of Newport Beach City Council Minutes October 22, 2013 accommodate those currently parking on the street. Council Member Gardner stated that businesses are not required to provide all the parking for their clients /customers 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 Petros 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 r4idehts and that guests would be impacted. �� 1 Council Member Petros commented on his parking p'e'rmit dxpe'rience on Holly Lane, noting that they give their permits to guests. I V) Phil Milner commended Traffic Engineer for moving forward on this matter, and r cannot do in the school parking lot. He nc An Aralia Street resident quoted parking limitations and stated th on the impacts the students have) Council Member Petros limit. Corona del Mar High School principal adents do things off campus that they residents affected prefer Option 2. rort Beach Municipal Code regarding one -hour Aratia Street prefer Option 2. She commented Harbor High School has a two -hour parking 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. Additionallyrhe pointed out that student drivers are unable to carpool. He expressed support for Option 2 a Ad, eliewed it is important to encourage the schools to come up with solutions, such as rewardm g'carpon ing, walking or bicycling. Denise (Lamb stated that the traffic, noise, trash, arrogance, and verbal abuse has been unbearable and noted that they need peace in the neighborhood. Robert jGijne7y 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 Arabs Street, and that assigning numbered spaces to the lot and providing two lunch periods will do a lot to remedy the situation. He added that the City Volume 61 - Page 333 City of Newport Beach City Council Minutes October 22, 2013 will be able to evaluate the success of the program within a year. In response to the President of the Eastbluff Apartment Owners Association's question, City Manager Ififf 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 (R cm on reported that he wrote the initial letter to move the matter forward. He indicated that he lives on the corner of Alba Street and Araha 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,- T\i `ffic 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 fu•alia)Street. Council Member Selich expressed y. concerns with adopting an ordinance—without notifymg every property owner that may be \� affected by it. \ Tara Reilly -Tung stated that she, d not indicate that she contacted every homeowner on Aralia Street, but that during �thesummer, when the City asked that she conduct a survey, residents were emailed / and �fl`yera /were distributed. Since then there has been no communication. ` w In response to Councilquestions, Traffic Engineer Brine reported that a permit parking program has not beeh\ 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, AResolution 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 12.68.060 of the Newport Beach Municipal Code to Establish a Residential Parking Permit Program for Aralia Street, establishing a Preferential Parking Zone for a One -Hour Parking Time Limit, 7:00 a.m. - 4:00 p.m. on School Days, except by permit, and pass to second reading on November 12, 2013. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Council Member Selich, Council Member Henn Volume 61 - Page 334