Loading...
HomeMy WebLinkAbout02/11/2014 - Regular MeetingCity Council Minutes Regular Meeting February 11, 2014 — 7 :00 p.m. I. STUDY SESSION - Canceller( II. BOLL CALL - 5:15 p.m Present: Council Member Gardner, Mayor Pro Tem Selich, Mayor Hill, Council Member Curry, Council Member Henn Absent: Council Member Petros, Council Member Daigle Mayor Hill arrived at 5:36 p.m, Council Member Petros arrived at 5:45 p.m, and Council Member Daigle arrived at 5:56 p.m III. PUBLIC COMMENTS REGARDING CLOSED SESSION Jim Mosher thanked City Attorney Harp for announcing the topics to be discussed during Closed Session. He noted that Closed Session topics during this meeting involve three real estate property negotiations and that the public only knows about one of them, stating that it may relieve some anxiety if the announcement went above the minimum requirements of the law and indicates what Council will specifically be considering. He commented on Item D1 of the Closed Session agenda regarding the West Newport Community Center in relation to David Bahnsen and reported that he is on the Board of Council Member Curry's Center for Public Policy and that Council should take that into account especially since Item D3 suggests there are other interested parties. He commented on a prior Closed Session item where Council entered into negotiations with Michael Mooslin regarding the same property and that the results of those negotiations are unknown. He opined there may be problems with offering public property for sectarian uses and that Closed Session is not the proper place to discuss the transactions and hoped that other aspects of the deal (other than price - setting) will be discussed in public. City Attorney Harp announced that Council will adjourn to Closed Session to discuss those items set forth on the regular agenda and presented titles of each. IV. CLOSED SESSION - 5 :20 n.m. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Banning Ranch Conservancy v. City of Newport Beach, et al. Orange County Superior Court Case No. 30- 2012- 00593557- CU- WM -CXC B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) and (e)(1)): I matter Volume 61- Page 448 City of Newport Beach City Council Regular Meeting February 11, 2014 C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - Initiation of Litigation (Government Code § 54956.9(d)(4)): 1 matter D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 3 matters 1. Property: 883 West 151h Street, Newport Beach 92663; APN: 424 - 011 -37 Agency negotiator: Dave Kiff Negotiating parties: David Bahnsen, Vice President, Board of Directors, Pacifica Christian High School of Orange County Under negotiation: Instruction to negotiator regarding price and terms of payment. 2. Property: 3300 Newport Boulevard, Newport Beach (Old City Hall) Agency negotiators: Mayor Rush N. Hill, II, and Mayor Pro Tem Ed Selich Negotiating parties: RD Olson Under negotiation: Instruction to negotiator regarding price and terms of payment. Council Member Henn recused himself from this item due to a potential conflict of interest since he has a business relationship with Via Lido Drugs. 3. Properties: 1499 Monrovia, Newport Beach, 92663; APN: 424. 401 -14 883 West 15th Street, Newport Beach 92663; APN: 424- 011 -37 Agency negotiator: Dave Kiff Negotiating parties: Carter Harrington and Doug Killian, Voit Real Estate Services representing 206 Marine Avenue, LLC Under negotiation: Instruction to negotiator regarding price and terms of payment. E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957) Title: Leilani Brown, City Clerk F. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) 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 (LABEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employee Association (NBPTEA); and Part -Time Employee Association of Newport Beach (PTEANB). Volume 61 - Page 449 City of Newport Beach City Council Regular Meeting February 11, 2014 V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Gardner, Council Member Petros, Mayor Pro Tom Selich, Mayor Hill, Council Member Curry, Council Member Henn, Council Member Daigle VIII. CLOSED SESSION REPORT City Attorney Harp announced that the City Council Members present voted unanimously to appeal the Banning Ranch Conservancy vs. City of Newport Beach, et al. decision adding that Mayor Hill, Council Member Petros, and Council Member Daigle were absent for this vote. IX. PLEDGE OF ALLEGIANCE - Council Member Curry X. INVOCATION - Pastor John Thomas, Mariners Church XI. PRESENTATIONS -None 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 Petros reported visiting with the Mariners Mile Business Owners Association where they expressed interest in the continued activity of the City related to the Citizens Advisory Panel (CAP) and the disposition of Mariners Mile hoping that as Council completes the discussions on priorities of the City, Council will arrive at scheduling for the CAP. He addressed increased activity around Cliff Drive Park, announced significant improvements made to the Park and detailed some of them, and also reported meeting with some of the residents in the Heights to discuss their interest in the future of the Park. He reported participating in an Orange County Healthy Communities Forum at UCI where he spoke on behalf of transportation initiatives and represented the City in relation to the Bicycle Master Plan. He also reported attending a meeting hosted by the Newport -Mesa Unified School District regarding the proposal for a sports complex at Corona del Mar High School and commented positively on the meeting encouraging those interested to visit the School District's website. Council Member Daigle commented on Back Bay Drive and reported that it has come to her attention that cyclists ride fast through the area. She reported speaking to the Chief of Police regarding the matter and that he advised that the posted speed limit is 15 mph and that there will be Patrol and Traffic Officers in the area during peak times to educate the public and later for enforcement. Additionally, she reported that the Fire Department will be launching a new APP, and encouraged people to visit PuisePoint.org for more information. In response to Council Member Daigle's inquiry, City Attorney Harp reported that typically, the Mayor opens the Consent Calendar item to allow Council Members to pull items and hear them separately and the public has the right to comment on those items before actions are taken; but that it Volume 61 - Page 450 City of Newport Beach City Council Regular Meeting February 11, 2014 is also acceptable for Council Members to request to pull items after hearing public comments on the remaining Consent Calendar items. Council Member Henn reported attending the Annual Mayor's Dinner and commented positively on the event. lie was pleased to attend the groundbreaking for Marina Park and stated that he is glad the project is now moving forward. Additionally, he reported that the Balboa Village Advisory Committee (BVAC) will meet on February 12, 2014 at 4:00 p.m. at ExplorOcean and listed items for discussion on that agenda. Council Member Curry reported attending the Coast Magazine Community Awards on behalf of Council and listed those among the honorees, including Newport Beach which was nominated in the category of Best City Project and won for the Civic Center project. Mayor Hill commented on the recent Mayor's Danner and thanked those involved in coordinating the event including Speak Up Newport and Mr. George Schroeder. Additionally, he noted having the opportunity to work with Visit Newport Beach in developing a short video and presented it for the benefit of viewers. He thanked City staff for implementing the City's financial plan. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Katherine Johansen spoke in support of the adoption of Item No. 4 (Adopt a Resolution for Street Sweeping Parking Restrictions on Domingo Drive and Amigos Way) and thanked Public Works Director Webb for meeting with property owners, listening to their concerns and responding by placing it on the agenda. Michael Tarpey spoke in opposition to parking regulations related to Item No. 4, specifically Amigos Way, adding that he has obtained 40 signatures of residents in the area in opposition and submitted them to staff. He stated there is not enough parking for all of the units noting that not everyone has a garage or driveway. Jim Mosher commented on Items No. 5 (Resolution No. 2014 -9 - Expressing Support for "The Pension Reform Act of 2014 ") and 6 (Resolution No. 2014 -15 - Expressing Support for Proposition 13 and Opposition to a Split Roll). Regarding the latter, he stated there is a conflict between the government`s need to speak and its duty to administer fair and unbiased elections. He referenced prior cases of the California Supreme Court and discussions by the State Legislature. He commented on Council's duties and rights and opined that it is not proper for the government to use its resources to engage in campaigning or electioneering or exhort voters to act one way or another. He stated having trouble seeing both Resolutions as sincere efforts to inform the public about the effects of the ballot measures in question and felt they are pledges of blind allegiance to the positions staked out by Council Member Curry in his race for State Assembly and finds it highly improper. Council Member Curry noted that Item 6 takes a position that reaffirms the City's position and indicated that cities are being solicited to move on the matter and stated that it is in full accordance with the views of the people of Newport Beach. City Attorney Harp reported that the courts have held that Council, at an open and public hearing, can take a position on a State -wide initiative and that is not in violation of any State law. Paul Doremus, President of the Villa Granada Homeowners Association, reported that they are the only two streets in East Bluff and the Bluffs that do not enjoy full- service street sweeping. He commented positively on recommendations of staggering Thursdays and Fridays so that residents can enjoy clean, safe and clutter -free streets and noted overwhelming support of the item by the Association. He thanked staff for their willingness to listen to residents. Volume 61 - Page 451 City of Newport Beach City Council Regular Meeting February 11, 2014 Jo Hamer spoke in support of Item No. 4 adding that they would like their streets cleaned and noting the need for the City to remove waste and reduce water pollution before it reaches the Back Bay. She added that it could be on a trial basis to see if it works. Council Member Gardner commented on street - sweeping in Corona del Mar and noted that street - sweeping is one of the major ways of improving water quality. Council Member Daigle thanked Public Works Director Webb and Traffic Engineer Brine for working with residents and property managers. She added that in addition to trash and water- quality issues, the recommendations provide a little relief from student parking.. XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. MINUTES FOR THE JANUARY 13, 2014 AND JANUARY 25, 2014 SPECIAL MEETINGS; AND THE JANUARY 28, 2014 STUDY SESSION AND REGULAR MEETING. [100 -20141 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. C. RESOLUTION FOR ADOPTION 4. ADOPT A RESOLUTION FOR STREET SWEEPING PARKING RESTRICTIONS ON DOMINGO DRIVE AND AMIGOS WAY. 1100 -20141 a) Rescind Resolution No. 2012 -21; and b) adopt Resolution No. 2014 -8 , A Resolution of the City Council of the City of Newport .beach Establishing "No Parking" Restrictions on Designated Streets on Specific Days and Times, on Domingo Drive and Amigos Way, to Improve Street Sweeping Effectiveness, and Rescinding Resolution No, 201.2 -21. 6. RESOLUTION NO. 2014 -15 - EXPRESSING SUPPORT FOR PROPOSITION 13 AND OPPOSITION TO A SPLIT ROLL. [100 -20141 Adopt Resolution No. 2014 -15, A Resolution of the City Council of the City of Newport Beach, California Expressing Support for Proposition 13 and Opposition to a Split Roll Property Tax Apportionment, so that commercial properties are re- assessed differently than residential properties. Council Member Gardner voted "no "on this item. D. CONTRACTS AND AGREEMENTS APPROVE AGREEMENT FOR GREASE CONTROL INSPECTION DEVICE PROGRAM WITH JON KINLEY DBA ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES (C- 5734). [38110 -20141 Approve the agreement with Environmental Compliance Inspection Services for grease control inspection device program for a five year term, and authorize the Mayor and City Clerk to execute the agreement. 9. APPROVE AMENDMENT NO. TWO TO AGREEMENT FOR TEMPORARY Volume 61 - Page 452 City of Newport Beach City Council Regular Meeting February 11, 2014 LABORER SERVICES WITH ADVANCED RESOURCES, LLC. (C- 5150). [881100- 2014) Approve Amendment No. Two to the Agreement with Advanced Resources, LLC for temporary laborer services, and authorize the Mayor and City Clerk to execute the agreement. E. MISCELLANEOUS 10. PLANNING COMMISSION AGENDA FOR FEBRUARY 6, 2014. [100 -20141 Receive and file. Motion by Mayor Pro Tom Selieh, seconded by Council Member Curry to approve the Consent Calendar, except for the items removed (3, 5 and 8); and noting the no vote by Council Member Gardner to Item 6. The motion carried by the following roll call vote: Ayes: Council. Member Gardner, Council Member Petros, Mayor Pro Tom Selich, Mayor Hill, Council Member Curry, Council Member Henn, Council Member Daigle XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. ADOPTION OF ORDINANCE NO. 2014 -2 RELATING TO BEACH FIRE RINGS, [100- 20141 In response to Council Member Daigle's inquiry, City Attorney Harp confirmed that a specific law is not required by Air Quality Management District's (AQMD) Rule 444 but this is one way to comply with that Rule. He added there are no alternatives to comply in the short•run, but that in the long -run, the City could possibly get a Coastal Development Permit (CDP) and look at spacing and use of alternative fuels. Council Member Daigle expressed concerns that Council is circumvented in terms of approval of fuels. Since the Ordinance becomes effective 30 days after adoption she questioned how things would be handled between March 11t and March 12th City Manager Kifl' responded that the City will act in an advisory capacity and encourage people to use charcoal during the 30 day period. He has communicated with the AQMD and they stated it was appropriate to have a grace period before implementation without imposing fines. He added that the California Coastal Commission (CCC) believes this is subject to a CDP but that the City Attorney does not believe so„ therefore, it is being processed without a CDP, Council Member Daigle highlighted provisions within the Ordinance with which she is concerned, including how policies have been traditionally made in the City and the belief that there is no "one-size-fits-all" solution. She stated there has never been a policy discussion in relation to this matter and suggested inserting "desires," in terms of if the City "desires" to have this policy it could consider and discuss it at a future date. In terms of being exposed to unwanted odors and emissions, she took exception to that part of the recital, Regarding use of the fire rings and AQMDs authority regarding the use of fuels, she asked for clarification. City Attorney Harp noted that generally refers to the AQMD Board, Council Member Daigle pointed out that in regards to the California Environmental Quality Volume 61- Page 453 City of Newport Beach City Council Regular Meeting February 11, 2014 Act (CEQA), public controversy has been a reason to require environmental review and not exempt it (Bishop v. San Jose). She suggested that since the Ordinance does not go into effect until March 12, it would be better to give the City the opportunity not to create another law and see how it works without an Ordinance. In response to Mayor Pro Tem Selich's inquiry, City Attorney Harp reported that the Ordinance is applicable only to public beaches. City Manager Kiff added that the Rule only applies to public fire rings. Jim Mosher stated it was unclear as far as the Ordinance applying to public and private beaches, as well as the definition of natural gas. He asked whether the latter includes propane. He commented on the "12 day period of awkwardness " where the City does not have the authority to comply with AQMD and commented on a bigger "period of awkwardness" until December, in case AB 1102 happens to pass in the State Legislature, which would immunize the City from having to immediately respond to AQMD's concerns while a CDP is pending. He felt it would be advantageous for the City to not face the threat of fines, noting that even if the City complies with AQMD, it would still be out of compliance with the Coastal Commission. Tom Sweat, Friends of the Fire Rings, asked if the City is proposing the removal of any of the fire rings and that residents be required to burn only charcoal. City Attorney Harp reported that none of the fire rings will be removed at this point and would be done, if at all, through a CDP. Charles Ellington stated there is a large amount of people that use the fire rings as a tradition of gathering. He reported that if the City takes away the ability to burn natural wood, it takes away the ability for people to have that recreation. Judy Ruth Mullen, representing the handicapped, meek, children and religious groups, reported that American Indians burn sage and asked that Council maintain the tradition of the fire rings. She added that such ceremonies are important to their religious practices and to children. City Manager Mff reported that Council adopted a plan that it considered in November, 2013, which envisions a combination of several types of rings; some would burn wood and some natural gas (not propane). Under AQMD's Rule, the key is to spread them out to an appropriate distance and to make sure that not enough of them are burning wood that will be toxic into the neighborhood. The plan being considered at this time is a short -term measure because the long -term plan will require a CDP from the Coastal Commission which takes from 6 to 12 months to achieve. He added that the City must comply with the Rule by March 1st and the goal is to provide every opportunity to enjoy the rings, but with a different fuel source for that period. He added that some of the rings will be close to infrastructure so that wheelchairs will be able to access them more easily than they can today. Mayor Hill added that in the future, there will be oval fire rings to accommodate large groups. Council Member Henn referenced Council Member Daigle's comments and asked regarding use of the proposed language. City Attorney Harp commented on the language included in the first reading and Council's right to comment or amend the same. However, he stated that it is not a legal requirement. Volume 61 - Page 454 City of Newport Beach City Council Regular Meeting February 11, 2014 Council Member Henn noted the opportunity for public discussion during the first reading Motion by Council Member Henn, seconded by Council Member Petros to conduct second reading and adopt Ordinance No. 2014 -2, An Ordinance of the City Council of the City of Newport Beach, California Adding Section 11.08.060 to Chapter 11.08 of the Newport Beach Municipal Code Relating to Beach Fire Rings. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Selich, Mayor Hill, Council Member Curry, Council Member Henn Noes: Council Member Daigle 6. RESOLUTION NO. 2014 -9 - EXPRESSING SUPPORT FOR "THE PENSION REFORM ACT OF 2014 ". [100 -2014] Council Member Daigle reported that the Marina Park Project would not have happened without the efforts of City staff. She noted that the Pension Reform Act is not included in Council's binder so she has not been able to read the Act. She added that she cannot support slashing employee health benefits and that the Act has not been put on the ballot and that the 2016 Act has not been written, nor placed on the ballot. She asked regarding bipartisan support identified in the Resolution and suggested tabling the item until there is a definitive ballot measure and she can be provided with a text. Council Member Curry reported that the measure allows bargaining units and cities to negotiate whether or not existing pension systems will be capped for those people who are in it. He noted that it has nothing to do with healthcare. He addressed rising costs of pensions and impacts on how the City provides its services as pensions are eating up the bigger part of budgets. He added that it is backed by Democratic and Republican Mayors alike and is consistent with the direction the City has been going, does not impose on anyone and is done through collective bargaining units. Council Member Daigle reiterated that the text has not been provided for Council to read or consider. Jim Mosher noted there is a pension problem and assumed there are numerous solutions being offered. He believed it is appropriate for Council to give residents accurate, objective information on how the proposals would affect the economics of the City and that it is not appropriate for Council to officially align the City with one particular proposal which has not been provided. He added that it is not appropriate for Council to try to influence an election. Motion by Council Member Curry, seconded by CoLancil Member Henn to adopt Resolution No. 2014 -9, A Resolution of the City Council of the City of Newport Beach, California Expressing Support for "The Pension Reform Act of 2014". The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Selich, Mayor Hill, Council Member Curry, Council Member Henn Noes: Council Member Daigle 8. PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC FIRE ENGINEERING INC. (C -5735) [381100 -2014] Volume 61 - Page 455 City of Newport Beach City Council Regular Meeting February 11, 2014 Council Member Henn stated that more detail should have been provided in the staff report including evaluation criteria and costs. He added that it is a good idea on sizable contracts such as this to include that level of detail. Council Member Petros stated that he had asked questions regarding this item without receiving a response. City Manager Kif£ reported that typically, on a fee- related item like this, there is some front work conducted by staff and sometimes outside consultants are hired to help. He added that the fee is eventually brought back and paid by the applicant during review and what is being seen with the budgeting is a lag time between the time services begin and when the fees come in adding that ultimately, it is a "wash ". Council Member Petros asked if Council will see the settlement and payment back into the General Fund. City Manager Kiff responded affirmatively, adding that it will be seen in the reports from the Building Department and the budget reconciliation at the end of the year. He added this is a qualification -based selection, not a low -bid selection and explained each. Mayor Hill noted that it includes hourly rates and that it is difficult to determine how many hours will be used, so that is why it includes an outside cap. In response to Council Member Henn's inquiry, Assistant Fire Chief Kitch reported on the criteria including cost, experience relative to the scope of work in the Request for Qualification (RFQ) and working with municipalities which were all evaluated by City staff. He noted that in every case, Pacific Fire Engineering was chosen as number one and also provided the lowest cost of the four bidding firms. The per hour dollar amount ranged from $85 to $120 and reported this is for a three year contract amounting to $136 K per year for 30 hours per week for 52 weeks per year. It is scalable so that if business slows down, the City has the ability to scale back on the hours. Motion by Council Member Henn, seconded by Council Member Curry to a) approve the Professional Services Agreement with Pacific Fire Engineering Inc. for fire and life safety plan review services at a not -to- exceed $436,930 contract, and authorize the Mayor and City Clerk to execute the Agreement; and b) authorize Budget Amendment No. 14BA -030 to transfer $22,375 from the General Fund unappropriated fund balance, account 010 -3605 to Life Safety Services (LSS) account 2330 -8088 to fund the contract during the current fiscal year. The motion carried by the following roll call vote: Ayes; Council Member Gardner, Council Member Petros, Mayor Pro Tem Selich, Mayor Hill, Council Member Curry, Council Member Henn, Council Member Daigle XVII. PUBLIC COMMENTS Jim Mosher commented on provisions in the Brown Act intended to prevent public policy from being discussed in Closed Session. He commented on negotiations between then Deputy Public Works Director Webb and the State Lands Commission to establish tideland boundary for Marina Park noting that the matter was discussed in Closed Session without public input including a decision to lease a part of waterfront property for the Girl Scout House and commented on a prior Council's decision for a piece of land to remain open for public use. He stated he does not know if the Girl Scout Volume 61- Page 456 City of Newport Beach City Council Regular Meeting February 11, 2014 House intrudes into the protected zone but that the public would like to know. Additionally, he stated that the City knows the mean high tide level in the Harbor so that the information would be easily accessible and suggested possible solutions for consideration. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Peirce reported on a recent meeting of the Bicycle Master Plan Oversight Committee where preliminary recommendations by the consultant team were considered. He encouraged residents to visit http: / /newport- soulside.doteloud.com to provide input. Mayor Pro Tern Selich reported on a recent meeting of the Land Use Element Amendment Advisory Committee where it considered policies and traffic studies. Council Member Daigle provided an update of a recent Airport Land Use Commission meeting where it unanimously supported the Back Bay Landing project. Additionally, she reported on a recent meeting of Vector Control and commented on a mosquito problem and noted that agencies are working together to find a cost - effective solution. She announced that the Southern California Association of Governments (SLAG) will be holding a general assembly in the desert where she will be proposing a resolution on biking and pedestrian safety. XIX. PUBLIC HEARING 11. BACK BAY LANDING (PA2011 -210). [100 -20141 Community Development Director .Brandt introduced the item and deferred to staff for a report. Senior Planner Murillo provided details of the staff report addressing a description of the stages of approvals for the Proposed Project, Project Site, Project Boundary and Lot Line Adjustment, applications for consideration by Council, General Plan Amendment, Coastal Land Use Plan Amendment, Zoning Code Amendment, Planned Community Development Plan, Planning Areas, Conceptual Site Plan, Building Heights and View Corridors. In response to an inquiry from Council Member Gardner, Senior Planner Murillo reported that view simulations included in the draft Environmental Impact Report (EIR) are conceptual, based upon allowed heights and the site plan provided by the applicant. In the future, staff and the Planning Commission will review the proposed development to ensure it provides the view corridors consistent with the design guidelines. He continued with the PowerPoint presentation addressing the Coastal Mediterranean Theme, Public Access and Trails, Public Spaces, Bulkhead, Relocated Driveway and Lot Line Adjustment, Street Improvements and Traffic Study. Council Member Petros commented on peak hours of trip generation and noted that by virtue of the proposed mixed uses, afternoon commute hours are much lower, Senior Planner Murillo reported on the EIR, In response to Council Member Gardner's inquiry he stated that the final EIR was available to the public in December. He reported that the City received letters, yesterday and today, from an attorney representing Stop the Dunes Hotel and Friends of the Bay, Council Member Gardner expressed concerns with the last - minute comments submitted by the attorney, noting that Council has not had time to review its contents and that it is unfair to Council, adding that there have been months when the letters could have been received by Council. City Attorney Harp reported that his office had the opportunity to review the comments, that written responses to those comments have been Volume 61 - Page 457 City of Newport Beach City Council Regular Meeting February 11, 2014 prepared and will be part of the record, and they did not find anything in those comments that would require recirculation of the EIR. Senior Planner Murillo continued his report of the EIR and provided an update of review of the project by various commissions and agencies, in response to Council Member Petros' inquiry regarding input from Stop the Dunes to the Planning Commission, he stated that no comment was provided from that group. Mayor Pro Tem Selich referenced Page 119 regarding permitted uses and expressed concerns with allowing bars and nightclubs noting the problems that have existed. He reported having a discussion with the applicant who indicated their desire for flexibility for the future but noting problems with what happens in parking lots. He stated that is something that should be taken into consideration, Mayor Hill invited the applicant to the podium. Gordon Craig, Project Manager for Back Bay Landing, commended City staff for the diligent work on this project over the 3 years as well as interested community members. He addressed the property size and existing uses and provided a PowerPoint presentation addressing Existing Conditions, Conceptual Site Plan, details of their request and frequently asked questions and responses. In response to Council Member Gardner's question, Mr. Craig commented on new landscaped areas and noted that the project will incorporate water - quality elements. He continued with the PowerPoint presentation addressing Increased On -Site Public Access and Views, New Bayfront Access and Trail Connections, Public Bayfront Promenade, Coastal Public View Tower, EIR Rejected Alternate Access Alignment, Coastal Act Section 30214, Project Benefits, Infrastructure Benefits, Financial Benefits, Community Outreach, Future Schedule and asked for Council's support of staffs recommendations. Regarding Mayor Pro Tem Selich's concerns regarding nightclub use, he respectfully advocated that the CUP process would be the proper forum to evaluate and make those determinations. In response to Council Member Gardner's inquiry regarding how often it is expected for boats to be launched, Mr. Craig noted that the inlet is an interest point and imagined that it would be more active in the early morning hours and in the early evening hours when the boats would be returning. John Erskine, Back Bay Landing, stated that they are aware of the problems that the City has had regarding nightclubs and added that because of the parking structure and where they might locate a nightclub, they believe that with security and showing the City the plans at the CUP stage, it will be a unique, self - contained experience. Additionally, regarding Pearson's Port, they would like to keep it but would like the opportunity to discuss with them the possibility of relocating around the corner or at another location on the waterfront. Council Member Petros noted that the setback along Coast Highway is set to zero but noted the opportunity for overhangs and asked if there will be overhangs into the public right -of -ways and whether they present liability for the City. Senior Planner Murillo reported the intent of the zero setbacks is consistent with development limits of commercial properties and that overhangs are allowed into other areas. Overhangs into the sidewalks are not envisioned as part of the development plan and there will be no overhangs over public rights -of -way. He suggested alternative language in the provision. Volume 61 - Page 458 City of Newport Beach City Council Regular Meeting February 11, 2014 Council Member Gardner commented on mitigation measures, specifically regarding utilities and service systems related to water, noting that it involves payment of required connection fees. She asked regarding expected environmental impacts and how payment of the fees fixes them. Additionally, she addressed best management practices, street - sweeping and private parking lots noting that street- sweeping is required quarterly within the document. She added that street - sweeping is a very important part of water quality and felt that it should be changed to weekly or bi- weekly. She commented on the mitigation measure related to not idling for more than 15 minutes, noting prior recommendations for another area of not idling, more than five minutes and stated that she would recommend no idling at all and asked regarding the provision for idling 15 minutes. Community Development Director Brandt agreed that something less than that could be considered. Council Member Gardner commented on views and noted that the EIR indicates there are substantial impacts to views. She asked if Council will have the flexibility of negotiating additional views. Community Development Director Brandt advised that the views presented are conceptual and were used as the basis for the environmental document; therefore Council will have the option of refining that in the next phase. Mayor Hill opened the public hearing. Larry Van Pelt and Dick Hoagland, speaking on behalf of the Bayside Village Homeowners Association, noted that Bayside Village is immediately adjacent to Back Bay Landing and will be most directly affected by the proposed development. Mr. Van Pelt expressed concerns with lot -line adjustments, increased traffic, noise, security concerns, loss of parking and storage. He added that very few of the mobile home sites are on. short -term or .month -to -month leases and that the vast majority of units are owner - occupied with long -term leases. He added that Bayside Village is documented as a private park, with private roads and a private beach in the Local Coastal Program and the Land Use Plan so that any efforts to alter, divide or take away portions of the park for public access will face strong community resistance. He stated that the owners of the park also own and operate parcels of land immediately contiguous to Bayside Village on three sides and are seeking development on each of those parcels. Mr. Hoagland added that the plan has already been approved as The Dunes Hotel and that the owners of the marina have communicated their intent to expand the marina in the future. He hoped that the City would look after the rights of Bayside Village residents and stated that they have worked with the owners of Back Bay Landing who have incorporated their comments into the EIR. He stated that the Bayside Village H ©A supports the project as long as their mitigation and concerns are taken into consideration. Rick Julian commented in support of the project and hoped that Council will approve it. Jim Mosher commented on the response to comments within the FIR noting that it includes serious environmental concerns raised by Coastal Commission staff and by Coastkeeper. He reported that the concerns were "fluffed" off with a statement that the EIR is only about legislative proposals and that it is not about the specific project and felt that when the matter returns to the Planning Commission it will be stated that all. of those concerns were addressed in the EIR. He expressed concerns that the EIR is not addressing the specific project. He reported that the architect for this project is the same that brought forward the mansionization project on the lot at the corner of PCH and Dover and stated that residents can look forward to Volume 61 - Page 459 City of Newport Beach City Council Regular Meeting February 11, 2014 a wall of the same kind of "gingerbread" blocking of iconic views. Robert Hawkins, Attorney representing Stop the Dunes Hotel and Friends of the Bay, referenced his submission of supplemental comments and noted that the simulations presented are not accurate because the garages are semi - subterranean. He stressed the need for additional simulations. Additionally, he stated that the owners are creating 2 anomalies, 80 and 81; the first of which was analyzed in the environmental document, but that 81 has not. The latter will create 26 new units which will be located at the subject marina. He commented on drainage issues and stressed this is all part of a conceptual plan and is not what will be addressed. Mr. Hawkins noted the need for specific information and added that the entertainment will affect residents across the Bay as well as views. He opined that in order to review the matter fully it. will be necessary to review the site development plan and there is no commitment by the applicant to do subsequent environmental documents. He stated the need to do subsequent environmental reviews that will come before Council. In response to Council Member Henn's inquiry on the timing of the submission of the supplemental comments, Mr. Hawkins stated that his client went to a meeting in December and became concerned about the view impacts of the project and noted there is nothing concrete and that the project is entirely conceptual. He added that he had other client obligations and that the subject client was considering whether or not they wanted to make comments. He reported that the comments submitted are timely for this public hearing on the environmental documents. Mayor Hill closed the public hearing. Mayor Pro Tom Selich stated that he is impressed with the work the applicant has done in terms of negotiating with the surrounding community. He congratulated them for their community outreach efforts and commented positively on the proposed plans. He noted there are still many details that need to be worked out and stated he is looking for the highest quality of development for that property. Motion by Mayor Pro Tern Selich, seconded by Council Member Gardner to a) adopt amended Resolution No. 2014 -10, A Resolution of the City Council of the City of Newport Beact. Certifying Final Environmental Impact Report No. ER2012 -003 in Accordance with the California Environmental Quality Act (CEQA) and State and Local Guidelines for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 Eas Coast Highway (PA2011 -216) (SCH #2012101003); b) adopt Resolution No. 2014 -11, A Resolution of the City Council of the City of Newport Beach Approving General Plan Amendment No GP2011 -011 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011 -216); c) adopt Resolution No, 2014 -12, F Resolution of the City Council of the City of Newport Beach Approving Coastal Land Use Plat, Amendment No. LC2011 -007 far the Approximately 31 Acre Planned Community Known as Bacl Bay Landing Located at 300 East Coast Highway (PA2011 -216); d) introduce amender Ordinance No. 2014 -3, An Ordinance of the City Council of the City of Newport Beach Approving Code Amendment No. CA2013 -009 for the Approximately 31 Acre Planned Community Known a,, Back Bay Landing Located at 300 East Coast Highway (PA2011 -216), and pass to seconc reading for adoption on February 25, 2014; e) introduce Ordinance No. 2014 -4, An Ordinance o, the City Council of the City of Newport Beach Approving Planned Community Development Plar. Adoption No. PC2011 -001 for the Approximately 31 Acre Planned Community Known as Bacl Bay Landing Located at 300 East Coast Highway (PA2011 -216), and pass to second reading fo5 adoption on February 25, 2014; f) adopt Resolution No. 2014 -13, A Resolution of the City Counci, of the City of Newport Beach Approving Traffic Study No. TS2012 -003 for the Approximately 3; Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highwa, (PA2011 -216); and g) adopt Resolution No. 2014.14, A Resolution of the City Council of the City Volurne 61 - Page 460 City of Newport Beach City Council Regular Meeting February 11, 2014 of Newport Beach Approving Lot Line Adjustment No. LA201I -003 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011 -218) with amendments to remove bar, lounges and nightclubs from the permitted uses section and including Council Member Gardner's revised mitigation measures. Mayor Pro Tem Selich noted that the City received comments from Mr. Hawkins which the Planning Department and the City Attorney's office have reviewed and responded to them completely. Council Member Gardner requested clarification that, when the matter returns to Council with the site development plan, new requirements can be made. Community Development Director Brandt stated that the site development review process is a discretionary approval/review which will be vested with the Planning Commission and is a public hearing process. The Planning Commission's decision can be appealed to Council. Council Member Petros agreed with Mayor Pro Tern Selich's comments and thanked homeowners for their engagement and involvement. He commented positively on the proposed plans. Community Development Director Brandt asked whether the motion includes the proposed changes to the Planned Community Development text as it relates to the setback encroachments. Mayor Pro Tern Selich responded affirmatively. Regarding Council Member Gardner's inquiry about mitigation connection fees, Assistant City Attorney Mulvihill reported that the utilities connection analysis is required to ensure there is appropriate infrastructure available to provide water service and water quality that meets safe drinking water standards. The mitigation measure in the environmental document reflects the City's Municipal Code in which connection charges are assessed to ensure that the infrastructure is there. Additionally, she addressed comments received from Mr. Hawkins and reiterated that they have looked at them and they do not raise any new significant impacts that weren't already analyzed in the draft EIR and does not trigger the need for recirculation of the EIR, Council Member Curry commended the applicant for working closely with the surrounding neighbors and commented positively on the proposed project. Additionally, he noted his willingness to trust the CUP process to address concerns regarding possible nightclub uses. Council Member Daigle agreed with Council Member Curry's comments regarding the CUP process. Substitute motion by Council Member Daiale, seconded. by Council Member Curry to allow the bar use, subject, to a Conditional Use Permit. The motion failed by the following roll call vote: Ayes: Mayor Hill, Council Member Curry, Council Member Daigle Noes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Selich, Council Member Henn Council Member Henn stated that he opposes the motion because the matter should be nipped Volume 61 - Page 461 City of Newport Beach City Council Regular Meeting February 11, 2014 in the bud. He added that the project is on the water and has adjacent residential uses and has a potential for trouble. Mayor Hill called for a vote on the main motion. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Selich, Mayor Hill, Council Member Curry, Council Member Henn, Council Member Daigle XX. CURRENT BUSING 12. INITIATION OF AMENDMENTS TO THE MUNICIPAL CODE TO ESTABLISH THE BALBOA VILLAGE PARKING MANAGEMENT PLAN AND OVERLAY DISTRICT AND A RESIDENT PREFERENTIAL PARKING PROGRAM FOR STREETS BETWEEN 7TH STREET AND ADAMS STREET (PA2014 -016). [100 -203$7 Community Development Director Brandt presented details of the staff report noting review by the Balboa Village Advisory Committee (BVAC), the purpose of the proposed amendments and reported that the various components of the proposed program are contained within the staff report, Council Member Henn reported that this is the culmination of a considerable amount of work through the course of a year by BVAC to bring the issues into initiation. He noted that the items are subject to further review and approval as the specific actions are brought to Council and other venues for approval. Community Development Director Brandt added that the necessary amendments to Title 20 will require further public hearings before the Planning Commission and that there will be further opportunities for public comments. She addressed next steps in the process, presuming that Council approves the item and noted the timeframe involved. In response to Council Member Gardner's comment on the cost of guest passes, she reported that the rates have had a lot of discussion and that they are not seen as being unreasonable compared to other permit fees charged within the City. Mayor Pro Tem Selich referenced Strategy No. 4 and stated he is in support of moving ahead with the program and asked if the elimination of parking requirements is intended to apply to commercial use only or commercial and residential use. Community Development Director Brandt reported that it would apply only to non - residential use within the commercial district. She added that it is a "park once" concept. Parking requirements for residential uses would remain in place. Scott Robinson, Board Member of the Central Newport Beach Community Association, reported that at a recent meeting, the topic came up and there were questions and concerns that they were unable to address. He asked that in the future, they be kept apprised of plans and activities and that members are notified timely of meetings so that they have an opportunity to review the plans and provide comments. Jim Mosher expressed concern with Strategy 1 in terms of the area receiving special attention that no other area is getting and noted inequity. He commented on Strategy 6 and noted that most of the matters will need approval by the Coastal Commission noting the need to submit a comprehensive parking strategy to them. He added that the Coastal Commission has approved Volume 61 - Page 462 City of Newport Beach City Council Regular Meeting February 11, 2014 plans for residential exclusive parking in other areas where residents were able to establish that the problems they were facing were from employee parking from nearby businesses. In this case, the problem seems to be arising from visitors and felt that trying to displace them may be difficult. Council Member Gardner stated one of the issues discussed previously was what makes this area unique and noted that there are a number of houses that do not have garages. Council Member Henn agreed. Jim Stratton, Member at Large of BVAC, noted working along with others to develop a comprehensive parking strategy to benefit residents of Balboa Village and those wishing to park in the residential village areas. He commented on the money spent to study parking in and around Balboa Village and addressed reports and recommendations for a residential permit parking program. He noted the characteristics that make the area unique, referenced surveys resulting in support of a residential parking permit program, and urged Council to approve the Item. Council Member Petros commended Mr. Stratton for the hours he has put into this effort as well as the members of BVAC. W. R. Dildine thanked Council for considering this matter and commented on the number of units in Balboa Village without parking. Motion by Council Member Henn, seconded by Council Member Petros to a) find this action is exempt from the California Environmental Quality Act ( "CEQA") pursuant to Section 15262 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; b) initiate amendments to Title 12 and Title 20 to establish the Balboa Village Parking Management Plan and Overlay District; and c) initiate an amendment to Title 12 to establish a Resident Preferential Parking Program (RP3) for Streets between 7th Street and Adams Street. The motion carried by the following roll call vote. Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Selich, Mayor Hill, Council Member Curry, Council Member Henn, Council Member Daigle 13. TUSTIN AVENUE SPEED LIMIT - SANTIAGO DRIVE TO 23RD STREET. [100 -2014) Public Works Director Webb utilized a PowerPoint presentation addressing Speed Limits, Roadway Functional Classifications, California Road System Map, existing conditions at Tustin Avenue, Tustin Avenue between Santiago Drive and 23rd Street, Tustin Avenue Neighborhood, rationale for the City posting Tustin as 30 mph versus 25 mph, practices by other cities referenced and staff recommendations. Todd MacFarland commented on existing speeding and traffic issues in his neighborhood and expressed concerns regarding his family's safety, the safety of his neighbors and the children who are put in danger by the excessive speeds on the narrow residential street. He noted that most cars drive 10 mph above the speed limit and many in excess of 40 mph. He commented on previous traffic surveys and the possibility of implementing traffic calming measures. He urged Council to reclassify the road to a local road and reduce the speed limit to 25 mph, practice enforcement via radar and implement some type of level 2 traffic calming measure. He asked those in attendance in support of the matter to stand. Geoffrey Willis, Land Use and Development Lawyer, has represented more than 20 cities Volume 61 - Page 463 City of Newport Beach City Council Regular Meeting February 11, 2014 throughout California on similar issues and stated that Council has a choice in changing speed limits. He reported that Council can direct staff to change the road classification to local noting that by doing so, it would satisfy several things, which he listed. He addressed the process and asked that Council reclassify the road to local Gary Blackney noted the matter is a public safety issue. Nancy Fichtner stated there is a school a block away from the neighborhood and this is a local residential neighborhood used by walkers, runners and cyclists. She expressed concerns with safety due to increased vehicle speeds and asked Council to avoid ti potential tragedy and lower the speed limit. Chuck Groux noted there are no sidewalks or street lights on that street and expressed concerns with safety due to increased vehicle speeds. He stated that the show of homes on that street is inaccurate and that the road is used by drivers, walkers and cyclists. Discussion followed regarding the classification and specifications of other segments of Tustin Avenue. Edgar Church stated there are no sidewalks on either side of his street and there are a lot of cars parked on both sides. He reported that the safety of school children has been understated and commented on the number of children who ride their bikes to the school. He added that he is a skeet shooter and has a radar gun and that he has clocked cars going through the area at up to 50 mph. Bill Lyon spoke in support of his neighbors' comments and indicated that he has been in a few close calls pulling out onto Tustin. He added there are no street lights on the street and stressed that it is a safety issue. He asked that Council support reducing the speed limit on Tustin Avenue. Mayor Pro Tern Selich commented on conflicting requirements but he supports looking out for the neighborhood and reviewing the regulations to find a way to help the neighborhood. Additionally, he reported reading the Federal Highway Administration (FHWA) manual and commented on the process to determine the correct street classification as being as much an art as it is a science. He commented on the purposes of different street classifications and though staff has identified the street as a collector, he has gotten no clear answer regarding how that was determined. He discussed the context of sensitivity and livability and noted this is one of those roadways where accessibility and mobility must be analyzed. He addressed California Vehicle Code's definition of "fronting" and stated that it seems to him that the existing residences have a "fronting" aspect to them. He spoke in support of reclassifying the street from a collector to a local. Council Member Gardner mentioned that when the process was reviewed previously, none of the Council Members were happy. She added that Council should address this matter philosophically and consider what is good for the City as a whole when it comes to this specific issue, Mayor Pro Tern Selich noted that some cities go through a regular review process and agreed with Council Member Gardner's comments.. He agreed with taking a broader look at the issue and believed this to be a situation that the City should never have gotten into to begin with. Council Member Gardner expressed concerns specific to Tustin adding that she is unsure that reducing the speed limit will solve the problem. Volume 61- Page 464 City of Newport Beach City Council Regular Meeting February 11, 2014 Mayor Pro Tern Selich agreed that reducing the speed limit will not be enough but that it needs to be backed up with traffic - calming efforts and stressed that it can be accomplished for less than what staff has estimated. Council Member Curry commented on staffs analysis in accordance with existing guidelines and also presented a roadmap for addressing the concerns of the neighbors. He stated he would support Mayor Pro Tern Selich's initiatives in supporting the requests of the neighbors. Council Member Henn stated that Tustin was never designed to act as the cut - through it has become. He noted the need to do something to discourage that and voiced support for helping the residents. Council Member Daigle reported that traffic - calming measures have not always been successful and asked regarding enforcement. Deputy Police Chief McGill noted there will be challenges but added there are specific spots in which to focus and that lowering the speed limit will affect their focus and response. He added that the issue will need additional detailed review but enforcement is part of their job and they will do what they can. Council Member Henn commented on other measures of enforcement, Deputy Police Chief McGill commented on education measures and additional enforcement activities. Council Member Petros commented on his direct experience in working on this topic and noted there is a history of rules and laws prescribed for setting and enforcing speeds. He stated it is not a question of it being science or art and stated it is more like voodoo and that a large amount of discretion is allowed and stated that Council can look into this but felt that nothing will change. He commented on his experience installing traffic- calming devices and in more than 70% of the cases, they have been removed by the people who originally wanted them installed. He stated he will support the motion. Mayor Hill commented on traffic - calming activities on Broadway and stated he has heard no one say that they like them. He added there are two schools on that road and has seen the area extremely congested. He is in favor of reducing the speed but also encouraged education, enforcement activities, evaluation of sidewalks and putting in street lights. Public Works Director Webb noted Council can provide direction to staff in terms of adding sidewalks and looking into street lights and provided approximate estimates of the work. Discussion followed regarding traffic- calming devices, reclassifying the street and community outreach. Motion by Council Member Henn, seconded by Mavor Pro Tern Selich to direct staff to begin the process with Coltrane for a functional classification change of Tustin Avenue between Santiago Drive and 23rd Street from "collector" street status to "local" street status on the California Road System {CRS} maps. Should the Federal Highway Administration (FHWA) approve the classification change, direct staff to post the speed limit on Tustin Avenue at 25 mph. The motion carried by the following roll call vote Volume 61 - Page 465 City of Newport Beach City Council Regular Meeting February il, 2014 Ayes. Council Member Gardner, Council Member Petros, Mayor Pro Tem Selich, Mayor Hill, Council Member Curry, Council Member Henn, Council Member Daigle 14. CITY COUNCIL PRIORITIES FOR 2014 - CONTINUED. [100 -20141 Motion by Council Member Gardner, seconded by Council Member Cures to continue the item to the February 25, 2014 Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Selich, Mayor Hill, Council Member Curry, Council Member Henn, Council Member Daigle NXL MOTION FOR RECONSIDERATION - None XXII. ADJOURNMENT -10:55 p.m. The agenda for the Regular meeting was posted on February 6, 2014, at 4:00 p.m, on the City's website; on February 6, 2014, 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 February 6, 2014, at 4:00 p.m. in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive. z2rv.,.ii�r. City Clerk Recording Secretary Mayor Volume 61 - Page 466