HomeMy WebLinkAbout01 - Minutes - AmendedAgenda Item No. 1
City of Newport Beach February 25, 2014
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. \
5.
Cl!
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Me
Hill, Council Member Curry, Council Member Henn
Noes: Council Member Daigle
RESOLUTION NO. 2014 -9 -
ACT OF 2014 ". 1100 -20141
Council Member Daigle repc
without the efforts of City st
Council's binder so she has m
slashing employee health -ben
2016 Act has not been writs
support identified in the Resc
ballot measure and she can be
Tem Selich, Mayor
"THE PENSION REFORM
Park Project would not have happened
e Pension Reform Act is not included in
`to road -the Act. She added that she cannot support
it the)Act has not been put on the ballot and that the
ced on the ballot. She asked regarding bipartisan
suggested tabling the item until there is a definitive
ith 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 Council 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
PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC FIRE ENGINEERING
INC. (C -5735) (381100 -20141
Volume 61 - Page 455
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 with n 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 Cmeasure related to not idling for
more than 15 minutes, noting prior recommendations for another\areaTf not idling. more than
five minutes and stated that she would recommend (no d1 ng at all asked regarding the
provision for idling 15 minutes. � iN ; 1
Community Development Director Brandt
considered.
Council Member Gardner commented on vie
substantial impacts to views. She heask d if
additional views.
Community Development
were used as the basis f'oi
of refining that in the nex
Mayor Hill
that `somethina less than that could be
�l
;\ nd,noted that the EIR indicates there are
ouncil will have the flexibility of negotiating
the views presented are conceptual and
; therefore Council will have the option
Larry Van Pelt and Dick Hoagland, speaking on behalf of the Bayside Village Homeowners
Association, noted that Baysi '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 HOA 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 EIR 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
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
residential neighborhood used by walkers, runners a
safety due to increased vehicle speeds and asked Coin
the speed limit.
Chuck Groux noted there are no sidewalks or
concerns with safety due to increased vehicle\spee
street is inaccurate and that the road is used by d.
Discussion followed regarding
Avenue.
and this is a local
sed concerns with
tragedy and lower
on that street and expressed
that the show of homes on that
and cyclists.
specifications of other segments of Tustin
Edgar Church stated there-are no sidewalks oh 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 Iand has a radar gunland that he has clocked cars going through the area at
up to 50 mph. v \ \ )
Bill Lyon spoke in support of'hi' 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 sti:eet and
stressed that it is a safety issue. He asked that Council support reducing the speed limit on
Tustin Avenue.
Mayor Pro Tem 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 oQ�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 Tem 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