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Home My WebLink About00 - Written Comments"Received After Agenda Printed" Written Comments - Consent Calendar March 24, 2015 March 24, 2015, Council Consent Calendar Comments The following comments on items on the Newport Beach City Council agenda are submitted by: Jim Mosher ( iimmosher(o),vahoo.com ), 2210 Private Road, Newport Beach 92660 (949- 548 -6229) Item 1. Minutes for the March 10, 2015 Special Meeting /Joint Meeting of the City Council and Finance Committee and the March 10, 2015 Study Session and Regular Meeting The page numbers below refer to Volume 62 of the City's minutes. The passages in italics are from the draft with amended numbering. Suggested changes are shown in sirikeeut underline format. Page 218, paragraph 3 from end: "Mayor Pro Tern Dixon asked regarding how the steps taken in Fullerton lags have reduced the negative impacts to the surrounding communities ..." Page 220, Item III, paragraph 1: "Jim Mosher commented on a State requirement that every city post the agenda of its meetings on their websites. He alleged that there has been no agenda posted for this meeting or any other meeting on the City website and asked how the City is dealing with this issue." [note: this comment was based on the links to the agendas on the City website producing error messages when accessed on the Sunday prior to the meeting. As reported by Rob Houston, this was followed by a period of about 12 hours, ending at around 10 a.m. on Monday morning, when the entire City website was inaccessible. I am quite certain the "Agenda Packets' link did not work on Sunday, but I have since learned the blue button labeled "Current Council Agenda" on the right side of the City's Agendas & Minutes page may have linked to a separate PDF image of the agenda which would have been minimally compliant with the Brown Act requirement (Gov. Code section 54954.2) for an internet posting during the time the website was working. However, when the website was not working, even that was not accessible. The California Attorney General's staff is currently working on Opinion 14 -1203 discussing the circumstances, if any, in which a failure to have the agenda internet- accessible for the full 72 -hour interval before a meeting might not require the meeting to be rescheduled.] Page 221: "VIII. CLOSED SESSION REPORT - ... He announced that, regarding the Woody's Wharf litigation, the City Council authorized the City Attorney's Office to file a petition for review by the California Supreme Court of the appeals court decision...." Page 222, Item 15, paragraph 3, last sentence: "Additionally, he indicated that bicycle Pelise police no longer patrol the area and believed that adding more fire rings is not economically feasible." Page 222, Item 15, middle of long paragraph: "... a taking of the quite guiet enjoyment of his home in the evenings, and is a taking of value from his property. He acknowledged that the issue is get now before the Coastal Commission and stated that..." Page 222, Item 15, paragraph 2 from end: "He added that the Coastal Commission staff wants to see a 60 wood - burning fire ring plan, as well as alternatives.... Additionally, he commented on maintenance of the fire rings and reported that the Coastal Commission staff has communicated that charcoal -only fire rings is not an acceptable plan." March 24, 2015, Council Consent Calendar Comments - Jim Mosher Page 2 of 4 Page 224, first paragraph: "Council Member Petros stressed that, when Council considered this matter in January, he did not vote on a plan that included 60 fire rings. He added that he has been told, by the experts, that spacing the fire rings out 100 feet apart remedies a health issue when they are 700 feet from F^s`,iden residences." [note: Council Member Petros probably meant to say "60 wood - burning fire rings" and "less than 700 feet' but the video does not seem to include those words] Page 230, Item 17, paragraph 3: "Council Member Petros complimented staff on 45 the innovative way it is moving forward with this procurement." Page 233, paragraph 2: "Mayor Selich returned to the dais and Council Member Duffield recused himself..." Page 234, between paragraphs 2 and 3: "Council Member Duffield returned to the dais." Item 11. Final Tract Map No. 17763 for Residential and Commercial Development located at 4311 Jamboree Road It seems curious that this item is identified only by address. One has to read the staff report to discover it is about the project much more commonly known as Uptown Newport. Item 15. General Plan Annual Status Report Including Housing Element Report (PA2007 -195) This item would seem to deserve closer scrutiny than usual, because this is the first time the status of the General Plan has been publicly reviewed since the previous Council proposed changing it with a package of amendments made contingent on voter approval of Measure Y in 2014. It would also seem helpful if, in addition to the City Council and Planning Commission, the sections of the report relevant to their areas of interest had been reviewed by the City's other boards, commissions and committees Here are some observations on the Implementation Program reports starting on printed agenda packet page 15 -38 ( in addition to which it might be noted that many of the reports appear to describe activities that happened in calendar years other than 2014): 1.2 Update and Revise the General Plan to Reflect Changing Conditions and Visions I seem to recall the Land Use Element Amendment Advisory Committee was told whether or not Measure Y passed, certain sections of the Land Use Element needed to be changed because of changes in state law. Those matters seem to have lost their urgency. I also seem to recall an effort to update the City's Hazards Mitigation Plan, which is at least technically part of the Safety Element, was initiated in 2014, but seems to have fallen off the radar. 3.1 Preparation of New Specific Plans Newport Beach seems to have dropped the ball on this. The 2006 General Plan noted with approval the Specific Plans that existed for several of the City's distinct "villages," and called for March 24, 2015, Council Consent Calendar Comments - Jim Mosher Page 3 of 4 Specific Plans to be developed for others, especially West Newport Mesa. Instead, all but one of the existing Specific Plans was eliminated from the Zoning Code (as updated in 2010), and for West Newport Mesa we are getting instead a height overlay permitted increased building heights. 7.2 Revise Fair Share Traffic Contribution Ordinance The report suggests this effort has stagnated. 10.2 Maintain Development Tracking and Monitoring Program As mentioned at the Planning Commission's review of this report, it's disappointing the promised tracking program has not been implemented. Accurate nowledge of the current state of built development in the City would have been very helpful during the Measure Y discussion. 14.1 Adjoining Cities (Rearders Borders Committees to collaborate with the cities of Irvine, Huntington Beach, and Costa Mesa) Note typo in title. Why has this program been allowed to lapse? 14.5 State of California Department of Housing and Community Development (HCD) The report the Council is reviewing in March 2015 is presumably intended to read: "The 2014 General Plan Annual Progress Report including the Housing Element Report was will be sent to HCD in April 2015." 14.6 Coordinate with California Coastal Commission It would seem appropriate to mention that a court questioned whether coordination with the Coastal Commission had been adequate in connection with approval of the Banning Ranch development proposal. 14.8 Coordinate with the California Department of Parks and Recreation Note typo in sub -item 3: "The Natural Resource Program installed signage, and; conducted fuel p field trips, interpretive, and volunteer programs in a number of locations throughout Newport Beach." 14.11 California Public Utilities Commission The fourth line from the end of the report seems to be garbled: "... and directed staff to proceed with a Rule an Rule 20A undergrounding project along Balboa Boulevard." [ ?] 14.16 Other Agencies California State Parks was mentioned earlier, under 14.8. 16.5 Maintain Consistency with Regional Jurisdictions (Caltrans, Orange County to provide adequate roadway infrastructure plans and design standards such as Orange County Master Plan of Arterial Highways) The closing parenthesis is misplaced: it is supposed to come after the first mention of Orange County, not at the end of the line. March 24, 2015, Council Consent Calendar Comments - Jim Mosher Page 4 of 4 16.8 Provide Public Transportation "The City provides a shuttle bus °^s service for the 9asis OASIS Senior Center clients on an as needed basis." 16.9 Manage Truck Operations "Trucks are required to obtain a Haul Route Permit through the Public works Works Department..." 23.1 Maintain and Update Parks and Recreation Facility Plans The Parks, Beaches and Recreation Commission should be more involved in suggesting improvements to the parks and recreation system than the present report suggests they are. 23.2 Maintain and Improve Parks and Recreation Facilities It would seem the report for 2014 should include mention of the opening of Sunset Ridge Park, not just its 93% completion. ... [I have not read the remainder of the report]