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Home My WebLink About01 - Minutes - 7-23-12 & 7-24-12Agenda Item No. August 14, 2012 CITY OF NEWPORT BEACH City Council Minutes City Council Special Meeting July 23, 2012 — 6:00 p.m. I. ROLL CALL - 5:00 p.m. IJ Present: Council Member Rosansky, Mayor Pro Tem Curry, Ma or Gardner, Council Member Selich, Council Member Henn Excused: Council Member Hill, Council Member Daigle II. Jim Mosher suggested that the most prudent resporiae, °to the-item under Closed Sessio'nwould be to try to avoid a lawsuit by re- circulating the Newport Banning Ranch Environmental Impact Report (EIR) and making the necessary corrections wherever possible. He believed that many of the public comments were not responded to appropriately; and urged Coo u%ril to take its time to ensure that if a lawsuit arises, the City can win it. Patricia Barnes, Sierra Club, commented on the mention she was the Chair of the Orange County'S that she did not make a statement regarding -6�' reiterated the position of the, Sie ra'Club in conjur Newport Banning Ranch itrust remain open spa( approved General Plan. Further, the Sierra Club and asserts that the DEIR is'inadeCquate, and does per the California Enmronmesatal (4 uO!ty Aat (CEI of the EIR. osed Session iteru- indicated that she did not raClib siriise,.kherejis no such group, and noted vscu in any ti m, implied or expressed. She ion with the Banning Ranch Conservancy that .since it is the preferred option in the voter - strongly opposed to the certification of the EIR A meet the requirements of a satisfactory EIR She urged Council to consider re- circulation Steve Ra„y,'txecutive Director,uf the Banning Ranch Conservancy, stated his organization's support of Ms. Baffles' comments, not g that there was nothing to indicate any threat, potential threat, expressed or-implied of any litigation by her or any representative of the Sierra Club. He contended that to go into &osed Session for an item that is not valid, would not be proper or appropriate. City Attorney Harpp''rreiported that at the June 21, 2012 Planning Commission meeting, Ms. Barnes identified herself as the current Chair of the Orange County Sierra Club, Orange County Group, Angeles Chapter, and thirf tlre'Sierra Club would challenge any certification of the EIR. He stated that this is adequate threaC oflitigation and that Council is free to meet in Closed Session. Mayor Gardner added that the City Attorney is very stringent about the Brown Act and promptly stops Council if they stray from issues under consideration. III. CLOSED SESSION - 5:11 p.m A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION (Government Code § 54956.9(b)): 1 potential case Volume 60 - Page 532 City of Newport Beach City Council Minutes July 23, 2012 1. There is a significant exposure to litigation based on a statement made at a public meeting on June 21, 2012 by Patricia Barnes, Chairperson of the Orange County Sierra Club threatening litigation on a specific matter wit`,.tn the responsibility of :,be legislative body (Section 54956.9(b)(3)(D). IV. RECESS V. RECONVENED AT 6:00 P.M. FOR SPECIAL MEETING VI. ROLL CALL Present: Council Member Rosansky, Mayor Pro Tem Curry lGlaygr.Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Excused: Council Member Hill - l` VII. CLOSED SESSION REPORT - None y 1 ` VIII. PLEDGE OF ALLEGIANCE - Council Member Daigle IX. NOTICE TO THE PUBLIC l X. PUBLIC COMMENTS Jim Mosher addressed the way the Charter cmendn ents wi71 he presented to the voters for the November ballot. He expressed�,concerns that\ 371pioposed rei-sions to the existing Charter are being grouped together into a single measure a €tea brief consideration, as well as the addition of a provision related to red light cameras. XI. PUBLIC HEARING 1. NEV P' 6T BANNING ]tANCH A PROPOSED 401 -ACRE PLANNED COMMUNITY GERALLY LOCATED NORTH OF WEST COAST HIGHWAY, SOUTH OF 19TH 6ST EN L REET, AND EASTjOF THE?SANTA ANA RIVER (PA2008 -114). Mayor:Gardner explained the hearing process, stating that the public will have three minutes each to provide commeks. She asked that anyone having a PowerPoint presentation provide it to staff pi;or to speaking and asked that signs not block cameras or other speakers, and that they be taken dawn after speaking. Planning ManagerAlford presented a PowerPoint presentation to display the site location and surrounding properties; provide an overview of the project; detail the application, background, and CEQA review; discuss the Planning Commission study sessions and public hearings; highlight the 1988 General Plan Land Use Element regarding the subject site, the 2000 Taylor Woodrow Plan, a plan comparison and key differences; and reviewed policies within the current General Plan, policy implementation; the alternative use policy under the General Plan, and policies setting development limits for residential, retail commercial and overnight accommodation uses. He presented details of the EIR, including topics studied, project alternatives, significant unavoidable impacts and the certification process. He noted that the consultant team who prepared the EIR are available to respond to questions. Planning Manager Alford presented details about the elements of the application, including Volume 60 - Page 533 City of Newport Beach City Council Minutes July 23, 2012 the General Plan Amendment relative to the Circulation Element amending the Master Plan of Streets and Highways, land use development and the Planned Community Development Plan, Master Development Plan (hiDP), �,{DP authorized activities, -ite development review, the establishment of Land Use Districts, oil operations and remediation, consolidation of oil operations, and open space preserve and parklands. He addressed the Master Trails and Coastal Access Plan, pedestrian bridge, Affordable Housing Implementation Plan (AHIP), the Development Agreement, and next steps. Mayor Gardner asked that someone address water quality testing for;,selenium and the effects of the pedestrian bridge on traffic before the meeting's end. In response to Council Member Daigle's questions, there is precedence for Master Coastal Development the Coastal Commission has recognized a compreben indicated that this would be a Coastal Developmen Commission" He also indicated that the issue repair disturbances on the site has been adequatelyYdo grassland sources were addressed in the report. Council Member Daigle expressed the negotiated. Mike Mohler, Newport Banning Rana._tb project, as well as Council. He prov ie`d ,-r Plan provisions, details of the alternatil operation impacts, engagement with the I buyer letter, formation oflthe Newport B footprint, open space.; parks and trails(; colonies, and ro dways. Ii reported that pt of the projeFct� and addressed open sp and Public Benefits ,Regar,'ding the errata Planning Commission; hefstated,that New held off.tWe_, _market for two years ow and requested' h t`the errata be remove the feasibih*,-.)f the �_�Z mingManager Alford reported that atit`(MQDP) applications, noted that approval -'for large -scale projects, and m which will be sent to the Coastal the legal status of having conducted rated and not`ed4lhat the issue of the Development Agreement was well l dried staff'1'or all of their work and effort on this ?owerPoint presentation addressing the General ;;-the planning• process, existing conditions, oil nninj(kimch Conservancy and a related willing inin' Land Trust, reduction of the oil operation )ublic use areas, zoning districts, villages and ie 19tb Street Bridge has never been or is now a e regional context, the Development Agreement, imment in the PC Text which was included by the ,st Banning Ranch would like to see the hotel site ;life effective date of the Development Agreement, from the PC Text and allow the free market to In response to Mayor Gardner's 1questions, Mr. Mohler reported that the EIR requires sound attenuation for NewpoR Crest and Bluff Road, and that a sound wall would not obstruct views. Regarding public transportation, he reported that there is currently a bus stop near the proposed pedestrian bridge and that they are conferring through the Orange County Transportati 4uthoxity (OCTA) process to find out what bus stops would be ideal within the project. As far`as, the height of the proposed buildings, he stated that the 45 -foot height of some of the buildings is the maximum height of the architectural elements and noted that they wanted the flexibility to design some of the housing as two - stories with some three -story elements. He indicated that the ratio set on grasslands is an industry standard. He also addressed adaptability for solar use and discussed the difference between interpretive trails and others within the alternatives. Steve Ray, Executive Director of the Banning Ranch Conservancy, thanked staff and Council Members for allowing them to make a presentation. He expressed the opinion that the hearing may be in violation of Brown Act due to the notice that was mailed, believing that it inferred that the City has already predetermined its decision regarding the EIR. He reported that public resource agencies are requiring that the vegetation on the site be remapped because they determined that the maps used in the EIR are inaccurate. He believed that this Volume 60 - Page 534 City of Newport Beach City Council Minutes July 23, 2012 is a significant issue that requires review prior to acceptance of the EIR, as well as other issues including identification of vernal pools, ephemeral wetlands, and habitats for the San Diego Fairy Shrimp He addressed the 19th Street Bridge, noting that the traffic studies assume the bridge. He believed that traffic circulation studies must be performed and should include the entrance off of Pacific Coast Highway. He reported there have been two Notices of Violation (NOVs) from the Coastal Commission, one of which has been resolved and the other regarding mowing and destruction of Environmentally Sensitive Habitat Areas (ESHA), believing that all the sites would need to be reviewed and the EIR re- circulated. He referenced State laws and the City's Land Use Plan regarding abiding by the California Coastal Act. He believed that comments from the Coastal Commission are dismissed within the EIR and responses to comments, reported that the EIR. identifies the area as potential pocket mouse habitat but that CEQA exempts conclusive statements to be provided without supporting facts, questioned the City's commitment to ma iiG'. yning the area as open space, and addressed his organization's vision for the propertyjiucluding;oil operations remediation and parks. He noted the organization has an a State funds, as well as private donations, Conservancy has received a $5 million commit toward the purchase of the property. ,d City Attorney Harp reported that the Brown considered and that the agenda merely reflects staff recommendations. He indicated that he regarding the issue at this time. Mayor Gardner opened the public'h, Dwight Belden addressedyhe economic parks, and referenced�prexious action importance of restoring the$, abitat and ion plan which his pursuing Federal and announced thattithe Banning Ranch From a Newport Beaeh resident to help Aft requires a description of 'what will be vhat.Council will be considering and includes did d6t, believe Council has made decisions if the project, especially in terms of active acil regarding the site. He stressed the for air quality and noise reduction. Lesley Rosenthal ieferenced .findings from Todd Brody, an environmental consultant retained by a group of concerned New.p zt 'Beach residents to review the EIR. She presented results of the report r lau�e_to tYieSmodel used BonT$s ra for air quality and Mr. Brody's opinion that e the cta[fy should "be,redont;,u sing, a mor current model. She reported that at a previous mm Planning Coission meetii�it>Y. im Kurtz, Director of Air Quality and Noise for BonTerra Consulting, dismissed`Mr . ro : '-rs comments and addressed the various models used in air quay% studies, howeve _ reported 1,,tl at the new model is now being discussed on the BonTerra Don Beattj=_`referencedan article from the Orange County Register and asked that Council order the land operatorg and owners to clean -up the property and give it back to the people. Ginny Lombardi, Vice President of the Newport Crest Homeowners' Board of Directors, noted that the they submitted a report from Environmental Consultant Todd Brody from Synect Ecology and a letter for Council's review regarding the matter. She stated that the report reveals major discrepancies within the EIR regarding air quality and noise. She encouraged Council to read the report, believed that the mitigation measures within the EIR are based on misleading data and interpretations. She requested fact -based responses to the report, and recommended re- circulation of the EIR. Reed Royalty, Immediate Past President of the Orange County Taxpayers' Association, spoke in support of the project, noting the benefits to Newport Beach taxpayers and stated that taxpayers cannot afford to make the necessary improvements being proposed by the developer and that the project would provide jobs, as well as other benefits. Volume 60 - Page 535 City of Newport Beach City Council Minutes July 23, 2012 Sharon Boles, Newport Crest Homeowners' Board of Directors, addressed the length of , =struction and related noise and air quality iu,pacte. She asked Council to conduct a complete review of the EIR and consider impacts to residents. Jim Helfrich expressed support for the project and urged Council to vote for its approval. He believed that it is time to act and that the project balances smart growth and invigorates the land. Kate Klimow, Vice President of Government Affairs with the,,Orange County Business Council, addressed their core initiatives and expressed support for project. She referenced costs to remediate the land and addressed infrastructure improvements, new housing, tax creation and benefits to businesses, and public benefits.it~l', , j _l,, Alison Schweitzer expressed support for the proje,;ti noting that +4is. will create additional housing, remediation of oil operations, and open space. She spoke in support of the developer, noting that she is a homeowner in one of their projects. Bryan Starr, Building Industry Associatio ;.of Orange County, expressed `support for the project, noting that it will generate a pp roxim3el' 4,025 jobs. He addressed public benefit fees, as well as benefits to schools. Leonard Davis, Newport Crest resid `rit-rtated that the\lcurrent conditions are not unsightly but believed that it is a pleasant place, ax'* asked Council" to. consider how the homeowners in the area will feel with 14 -years of construction going_ on nexf -door. Bill Yardley expressed.,support for the 'project and believel that the development will help continue improvements and give the City hal" nce. He commented on the importance of parks and how this develipment will address the.issue. Chip Stasell expressed support for the proposed use and the application, and urged Council to approve the apphcatibi%. � -- Darrrl- Ferguson \iie President of the Newport Beach Chapter of the Surfrider Foundation, reported that the organizatioti4supports environmentally sensitive plans that maximize open space, improve water. quahty, 'cleans polluted runoff, and protects natural and sensitive habitat and species. He stated that such a plan must address existing conditions of concern, inclung untreated urban runoff, destabilized bluffs, existing mineral rights of oil companies, appropriate assessments, and oil operation clean -up. He expressed concern with the current plan as it relates to roads on the property, noting they would carry additional pollutants and untreated urban runoff' to the ocean and local beaches. He also addressed the EIR and noted that Alternative` B3 is)�Surfrider's preferred plan. He referenced written comments submitted by Surfrider and n©i ed that no response has been received. Todd Golper expressed support for the project, especially as it relates to the proposed parks. He urged Council to vote in favor of the project. James Quigg reported on an email that he sent to staff expressing his concerns regarding the project being built on an earthquake fault zone and reported that he has received no response. Dr. Mikel Hogan expressed concerns with traffic and related air pollution and noise, believed that the City's responses are inadequate and do not provide facts, spoke in opposition to the project, and urged Council to vote against certification of the EIR. Volume 60 - Page 536 City of Newport Beach City Council Minutes July 23, 2012 Patricia Barnes, Chair of the Orange County Group of the Sierra Club, Angeles Chapter, refe.rPnced comments made by members of the public and the Banning Ranch Conservancy on June 21, 2012, which challenged the potential certification of the EIR and addressed omissions of significant data. She addressed the Sierra Club's mission and the need for evaluation of the eco- systems in the area. She urged Council to deny certification of the EIR, believing that it is inadequate and significantly flawed. She also asked that it be re- circulated and provided information regarding the intended use of the word "challenge ". Bobby Hatfield expressed support for open space, but believed that it does not define the current project. He spoke in support of the project specifically has it relates to the proposed parks. Gary Reisner indicated that he is not against development ;However, he is against bad development and believed that the area is salt marrsh'IHe expressed opposition to the dust resulting from grading of the development and the length of time for coi,,,truction. Don Funk reported that he is familiar with been characterized correctly. He expressed will be for a short -term gain, and urged Cc plan. Mark Tabbert commented on Cc public's wish for open space was n job and expressed his vision for N Megan Lulow expre valuable to the City Noting the mone spending if it is impacts from the less of Banniri; lion of the area ment of Bluff its, and encour June Palobninc analysis of the haul trips, and for tot - neffts to the City of ,evenue and le to the Droperty and believed that'tlib.,wildlife has not ;ern ivith the loss of open space,', noting that it 1' i 1. consider the Banning Ranch! Conservancy ti to approve the project and believed that the wish. He acknowledged civic leaders' difficult aa'it,relates tole.nvironmental issues. believed that it would be more the area in its natural state. Linhoff suggested that the City cut down on area as open space. She addressed traffic the General Plan to save Banning Ranch. of Jan Vandersloot and commented on the to its habitat, vernal pools, animals, and the potential for ad the opinion that the Coastal Commission will not allow 'red that Council has ignored the Coastal Commission's to deny the EIR. the findings in Todd Brody's report relative to the health risk >.d that the EIR fails to include the correct number of daily truck - :il to deny the EIR and re- circulate it. Mary Lynn Gaddis expressed support for the proposed development, especially due to the much needed sports fields, noted that the area is currently polluted, and requested that Council approve the project. Suzanne Forster expressed opposition to the project, noting that it sits on a major earthquake fault; addressed landslides and liquefaction; reported that the soil has high methane levels, discussed the affects of chemical toxins on the human body; stated that the level of toxins is currently unknown because there has been no soil or water tests for over a decade and no radiation surveys have been done; reported that the Orange County Fire Authority (OCFA) states that no homes should be built over existing oil wells; presented a map of the Master Development Plan with a map of historic oil operations; and encouraged Council to preserve Volume 60 - Page 537 City of Newport Beach City Council Minutes July 23, 2012 and remediate Banning Ranch as open space. Steven Barris noted that the issue is Otimately about quality o: life, addressed increased traffic and noise as a result of the development, and urged Council to preserve Banning Ranch as open space. Jordi Salomon expressed support for the Banning Ranch Conservancy, addressed the findings of Todd Brody's report relative to air quality and daily construction - related emissions, noted that artificially extending the construction period has the effect of _reducing daily emissions, thereby, grossly understating them, and urged Council to reassess, the EIR and not support the development. Clay Tucker addressed the need for open fields for youthfspixts, expressed support for the project, and urged Council to approve the EIR. Keith Banning commented on his experience as a.,L ittle League coach; +,expressed support for h the development, specifically since it provides playing fields for youth sports; reported touring the area; believed that the proposed develupment"wrll be a benefit to the community, especially since taxpayers will not have to'pav for the improvements, and Fr"'ged Council to approve the project and the EIR. \�'L - Somer Reynolds reported that she, works for property owners in Newport Beach and surrounding areas, expressed support for the Banning:,_Ranch project, commented on the benefits of the project and related increase:? to property values and quality of life, and urged Council to approve the project. Christopher Danks expressed suppor0for th prop osed` development and addressed the balance between degel'opmi nt and enviro gntally conscientious open space. Brad Lisotto addressed ocean water quality and expressed support for the proposed development. 1�\_ istinnAD'anktilexpressed support fur't'help"roposed development, believed that it is a win - #or the comufuft :ty, aha,noted that the developer is willing to pay for the improvements keep 75% of the area as open space for families in the region. , William Yarih1 spoke about the uniqueness of the area, expressed support for riisaining open space and urged Council to do the right thing. Sheila Kaplan expressed the opinion that this is not a good project for Costa Mesa and would permanently-'degrade ,the quality of life due to the resulting traffic, noise, and pollution. She noted that the developers have demanded that the City of Costa Mesa not oppose the project and read a letter on,behalf of the Banning Ranch Conservancy which included an overview of the issues raised by Coastal Commission staff. Tevis Hill addressed noise impacts related to the project, as well as impacts to the wildlife, presented slides of some of the existing wildlife, stated that the proposed mitigation measures are not enough and that there are no facts to justify the long periods of construction, believed that the City has underestimated the impacts of the project to communities and wildlife, and urged Council to re- circulate the EIR. Robert Sebert commented on his experience with a similar development, expressed concern with delays., and urged against development of the site. Volume 60 - Page 538 City of Newport Beach City Council Minutes July 23, 2012 Vincent Philippi presented slides of the area, including examples of nesting birds; discussed the impacts of runoff: and encouraged Council to allow further research on the area and vote against the project. Robyn Vettraino, Architect, Sustainability Consultant, and Executive Director of the Newport Banning Land Trust, reported on the progress of the Trust since its establishment, including having a third -party review through Surfrider Foundation National to assure water quality improvements, public beach access through transformation, and the desire to provide ocean - friendly gardens. She addressed collaboration with a biologist,, :and other agencies for restoration of the site. Bruce Bartram referenced provisions of the General Plan regarding conserving open space and acquisition of the property; addressed other policies related to Banning Ranch; discussed coordination with State and Federal agencies to identilyjwetlandsand habitats, and restore the property; referenced notices of violation of the Coastal kcb,,regarding obtaining a ti development permit and asking to stop unpermittefl'development activity on the subject site; and addressed comments by the Coastal Commission regarding mowir g %,6 the property and the correct boundaries for this area. He belie,4ed that if�Council certifies the EIR knowing the Coastal Commission's objection to its accura64 and of going regulatory actiod; Council will be violating its own General Plan. Mike McFadden reported living in one of the communities built by the developers and spoke in support of the developers and their quality of work. He indicated that he met with them on several occasions and expressed support for,B . developm`e t,plans. Marinka Horack presented a photograph of the ai;ea - and expressed the opinion that houses, traffic, or pollution is needed. She rey�rted ,lip =ing near'-:a `dump site and there have been reports of clusters of; anger, Parkinson'SN disease, and other neurological diseases among the residents. She suggested that the oil comyaniea clean up the area, urged Council to consider the matter carefully, expressed opposition,I, developing the property, and addressed the number of vernal pools existing on the site. Billy Siege -- agreed that the property heeds to be cleaned up and restored, and spoke in support o£ the proje `.Gary Itano expressed oil posrt on for the project and read a statement from Coastal Commission's at regard ng failure by the consultants to conduct surveys on all of the vernal pcols' kisting on the site, He expressed the opinion that the authors of the EIR intentionally failed to, survey all of thelvernal pools and described them as oil field features. Shirley Siglin commented on the negative impacts of the development due to increased traffic, noise, and pollution.=' Lynn Friedman expressed support for retaining open space in Banning Ranch; read a statement from Coastal Commission's staff that addressed San Diego Fairy Shrimp existing in the vernal pools, believing that a Fairy Shrimp survey should be conducted on all of the vernal pools in the area; and encouraged Council to deny the project. Paul Gracey expressed opposition to the development plan and believed that the project will eventually need the 19th Street Bridge, which he opposes. Kathleen Cray discussed water and the diversity of wildlife on the Banning Ranch site, reported witnessing endangered Savannah Sparrows daily on her deck, listed the variety of birds and wildlife she has witnessed in the area, and urged Council to not approve the Volume 60 - Page 539 City of Newport Beach City Council Minutes July 23, 2012 application. Sharon Coke, Chair of the Orange County Political Committee for the Orange Cowity Chapter of the Sierra Club, addressed difficult economic times, expressed opposition to the proposed development, and urged Council to consider future generations and keep Banning Ranch as open space. Ron Francowitz believed that the proposed development will cost taxpayers money because of the need for road mitigation and read a portion of the statement from Coastal Commission's staff which addressed requests for a Coastal Development Permit anV constraints on the site. Sheila Koff asked Council to vote differently, expressed opposition to the proposed project, and addressed existing toxins from oil operations. Cindy Black suggested that BonTerra meet with one' of the previous speakers regarding the existing wildlife species in the area, noted thati' the Surfrider Foundation recommends Alternative B and that Banning Ranch be kept open space in its entireitr^ listed chemicals being produced on the site, and encouraged Council to,yote against the project:.,_ rf `4- Don Bruner addressed impacts to residents of proposed development and urged Council to vote Terry Koken addressed the associated truck traffic, and Mesa. area due to the size and scope of the circulation of the EIR, dirt to;he removed from the area and the regardingtithe impacts to the City of Costa Ryan Bensley pointed ont that the EIR states that there'ajsignificant economic, social, and public benefits that, dutwsigh significant, u, i oidable impacts associated with the General Plan project, and,66ted th,- t these are di e:ct impacts to the citizens of Costa Mesa and the Newport Crest & welopsnent. He read a statement from Coastal Commission's staff regarding recent mowing occurring in the area and noted that the area is a critical habitat for many endangered species... Jeantuer Gillett continue`d'reading the statement from Banning Ranch Conservancy, ad'liessing excessive, puowing,,TT the: area and comparing actions with other oil wells in the area. She stated that Este Geneial.Plan prioritizes keeping Banning Ranch as open space. Dorothvt..Kraus continued reading a statement from Coastal Commission's staff, addressing the Endangered Species Act, the Migratory Bird Act, and requirements to work with State agencies inelpding the California Coastal Commission. She addressed areas of critical habitat on the site s d`expm,Sised concerns that Council would declare that the benefits of the development outweigli'significant unavoidable impacts of the project. . s Bonnie Copeland noted that under Federal law, the previous owners and operators of polluted land have joint responsibility for cleaning up the area and stated that all development on the site is subject to the California Coastal Act, especially as it relates to mowing on Banning Ranch and protecting endangered species. Debby Koken continued reading the statement from the Coastal Commission's staff regarding the EIR, noting that it does not endorse an MCDP and that it is not appropriate for analyzing conceptual projects but rather for specific projects with known and identifiable impacts. She addressed removal of the MCDP from the EIR and legal statuses of disturbances on site. In addition, she addressed ongoing oil operations, the need for additional details regarding the extent of the exception authority asserted by the developers for ongoing oil operations, and the Volume 60 - Page 540 City of Newport Beach City Council Minutes July 23, 2012 Coastal Commission's analysis of impacts and recommendations. Tauward T,ee believed that the part; -s responsible for the uil operations and pollution should be the parties in charge of cleaning the site. Norm Puff addressed the construction of Bluff Road from 17th Street to 19th Street, believing that if it is constructed through the middle of the open space therefore, the land is no longer open space. He asked that Council delete that section of road. George Demos continued reading the statement from the CoastaL(%ommission's staff which addressed the need for a claim of vested rights, associated requirements, and the Newport Beach Coastal Land Use Plan. Sandi Genis addressed an agreement entered into by the ;City of -Costa Mesa and the applicant for roadway improvements but noted that a request fo a re- hearing %vas filed by Costa Mesa Council Member Wendy Leece and she provided a :copy for staff review:`,, She took issue with the EIR as it relates to CEQf1 expressed thelopimon that responsesto comments were inadequate, and 'stated that ESHA is to renain in place and is not something that can be moved around. Mary Demos addressed biological resow•ces and continued reading the statement from the Coastal Commission's staff regarding protections of environmental habitat areas, developments adjacent to ESHA and''buffer.areas, and functions. Dr. Jennifer Frutig asked that Council preserc—Banning,Ranch as open space for future generations, noting that it is the preferred use in the,-Genera`I;Plan. She addressed the size and scope of the project and the density of the puposed residential units. Jim Cassidy indicaied tha 'die had an opportunity to tour Banning Ranch and was impressed with its size. Hem expressed concerns with the density and height of the proposed residential units and continue&reading, the statement.-from the Coastal Commission's staff regarding buffer areas,_ -_ Rob,Hager pr en tcd a wnGten statement which addressed governing authority for the area, expressed the i I , r`. 'that thEIR is diluted by the County's 300+ acres, asked that Council ,protect its citizens, aiI asked ;that Council postpone the hearing and order another EIR coveting only the City's 10 +acres Jim Mosher noted thatthe agenda and staff report list that Council will be contemplating taking six `actions, stated that the burden of defending a defective document will not fall upon the taxpayerss),addre4ed the Statement of Overriding Considerations regarding receipt of yearly net benefc3,_believing that it will decrease because of the costs related to maintaining the proposed parks -and Bluff Road, expressed the opinion that the net benefits should account for all associated costs, and addressed the resolution introducing the ordinance, noting that the meeting referred to in the document was not properly noticed. Jeffrey Childs addressed the 19th Street Bridge and expressed concerns with increased traffic and impacts to wildlife. Robert Schuman expressed opposition to the proposed development because of impacts to quality of life and property values, believed that development has to occur sensitively and with consideration to neighbors, and asked Council to vote against the project. Norman Suker addressed the 19th Street Bridge meetings with the County and a statement Volume 60 - Page 541 City of Newport Beach City Council Minutes July 23, 2012 by one of the Directors, noted that the City has stated that deletion of the bridge is not a problem, addressed the traffic study in the EIR regarding consideration of the bridge and that there would in increased impacts if the bridge were not built, and submitted written comments. Unknown Speaker indicated that he is a business owner who represents local businesses, expressed support of the proposed development as it is a means for economic development for the City and will drive jobs, as well as provide needed open areas and parks for residents. Unknown Speaker believed that integrating the residential community with the wildlife habitat cannot be successfully accomplished. She reported that - - "in Newport Heights, they have an influx of coyotes, possums and raccoons, indicated that she attended the Planning Commission meeting, and believed that this project would.,put Newport Crest residents in a terrarium. Dick Hamm indicated support for the proposed deyelopment; addressed public facilities and other benefits; stated that if the land is left as -open space, it will cost ,over $200 million to clean it up; noted that proceeding with the._project,,d'oes not preclude thp.Banning Ranch Conservancy with continuing its efforts tof.'purchase'the site; and believed that there is no reason for continued delays. �h Richard Luehrs, President of they'. Chamber's mission, provided a brief, proposed development because of its to the community. Terry Welsh, President- oftithe Banning'Rs to the City and indi'cated'that many age, studies need to be..1conducte`d. He read an they have provided comments regarding to He addressed the �Z(ernal t'pgols and belies studies for areas of n`Rtti . vegetation and area affects .Nat Ca4cher habltab -and necessary studies`._, t Beach,�Chamber of Commerce, addressed the about the 'lhamber, and indicated support for the not jobs and environmental and economic benefits � 4 ch:�'onservan y� referenced comments submitted nes agree witli` he Conservancy that additional I ail from the Coastal Commission indicating that EIR and that they stand behind those comments. d that additional studies are needed, as well as ,ass'lands. He stated that recent mowing in the urged Council to deny the EIR and conduct the 1"tike Mohler, Newport Banniiu- .Ranch, reported that the EIR specifically addresses the amount of grading as potentially being up to 20,000 cubic yards of soil that may need to be taken,uffsite; addressed3the slope of the land to Bluff Road; discussed the phasing plan; and indicated' that depending on market conditions, they may be able to be out of the New Shores an`a'Newport Crest areas in 2 to 3 years. He added that there are specific road requirements,in the conditions of approval that dictate this. In addition, Council also has the option to omit Saturday grading. He reported that they are not building on top of wells and addressed Coastal Commission staffs comments, noting that the majority of the Commissioners did not agree with their staff. He encouraged Council to review the Pebble Beach decision regarding ESHA, and addressed the 19th Street Bridge, density, and location of water elements. He further pointed out that 75% of the land will remain open space. There being no further testimony, Mayor Gardner closed the public hearing. Mayor Gardner recessed the meeting at 10:08 p.m, and reconvened the meeting at 10:15 p.m. with all members of the City Council in attendance, except for Council Member Hill who has an excused absence. City Attorney Harp reported that overall, the responses to comments address most of the Volume 60 -Page 542 City of Newport Beach City Council Minutes July 23, 2012 issues raised. Deputy CommuniLy Development Director Wisneski reported that there have been several documents submitted by the public, as well as verbal testimony, and that staff has collected them and provided written responses to those comments which are included in the staff report as Attachment 7. She indicated that notes have been taken this evening and staff is prepared to respond to those comments. Planning Manager Alford noted that a comparison of allowable densities and height limits was made in Newport Shores and Newport Crest, addressed noise studies, noted that the conditions require a more detailed noise analysis and specific, mitigation measures, and reported that the geotechnical section of the EIR addresses the "entire earthquake hazards in the area and that the results in the Brody analysis were presented to the Planning Commission who concluded that the analysis did not bring-forward any new information that would change the EIR. He stated that an explanation was 'provided at the Planning Commission meeting regarding uses of the various models and that written responses are part of the documentation submitted to Council. He,reported, that when staff' 'initially approached Coastal Commission staff, it was intended,t&'provide,', &full analysis of ilie Banning Ranch CLUP but staff was directed by Coastal Commission staff to remove all referenced to the Banning Ranch property because they did not w6rif to prejudice future land use; }decisions. He added that the EIR contains a full consistency analysis with all of the Coastal Commission policies. Regarding the pedestrian bridge, City Traffic, Engineer'B.'rine reported that no analysis was included regarding the pedestrian bridge or'the' volumes of- .pedestrians using the bridge and believed that pedestrians using the bridge wotdliminate 'associated traffic and reduce impacts. �. Regarding selenium, Dana'�Privett, BonTt a,'addressed the issue of water quality and noted . that selenium isi;typically'tfound in soils for the Monterey formation, and that there is no information in terms, of the technical analysis performed to suggest that the formation for those soils_is_in placet'She -siAed that her company is comfortable with the expectation that no selenium -w'dl be fouh8kon the As:- - `•. Regarding the comment regarding vegetation remapping, Ann Johnson, Principal Biological Services for BonTerrareporteai that the mapping presented in the EIR is accurate and that nc new information has,been presented to change their findings. Regard ng,nesting on the site, Ms. Johnson reported that the pictures presented by a previous speaker indicated thatinesting is occurring on transmission poles; however, those poles are outside the project limits and are adjacent to the wetlands and alongside the Santa Ana River. She reported that the nesting birds were addressed in the EIR, as well as impacts to various avian specie's and noted that mitigation measures have been provided accordingly. Council Member Henn requested that staff respond to the letter from Coastal Commission staff that was read by many of the speakers. Whit Manley, Remy Moose Manly LLP, reported that each of the points raised in the letter from Coastal Commission staff were responded to in the response to comments. He noted that making comments does not require re- circulation of the EIR. However, he pointed out that the letter does not express comments from the Coastal Commission as a body and added that the City has certain obligations as the lead agency to consult with Coastal Commission to obtain input and respond to them. He indicated that it is believed that the EIR addresses those appropriately. Further, the City is not legally required to acquiesce to the comments of Volume 60 - Page 543 City of [Newport Beach City Council Minutes July 23, 2012 Coastal Commission staff but rather to consult, respond in good faith and reach conclusions, supported by facts. He pointed out that the Coastal Commission is not bound by the actions of the City and will make their cwn determinations. He :eportad that the City's obligation is to interact with them, which the City has done. Council Member Henn inquired regarding the issue of vernal pools. Ann Johnson reported that the Conservancy has identified approximately 50 features on the site that, at some time, bad ponded water. Based on a detailed analysis by BonTerra staff and experts, analysis was conducted on the soils, hydrology, vegetation and presence or absence of Fairy Shrimp, and it was determined that the 50 pool areas do not represent vernal pool' - areas. Many of the areas are oil well pads and sumps, asphalt roads, dirt roads and tire ruts, gravel scrapes, excavated areas, -and pits. They are areas that in unusual or extreme rain, create pond water. She stated that the findings in the EIR are adequate, that sign,ificant•impacts have been identified and appropriate mitigation measures have been generated. Fur ther, since the San Diego Fairy Shrimp is an endangered species, it will needefurther approi >al..from the U.S. Fish and Wilrllifr Rrrvirpa Council Member Daigle referenced the Planning Commission regarding substiti to build a hotel. r_ to eliminate language recd n.mended by the residential units if the developers are unable Planning Manager Alford reported-that the ability Eoitransfer some of the units to the resort inn site has always been a comporrenrof -the plan, str`eased that this is not a conversion of 11 hotel rooms to residential units but w'ould`be taking from t&,pool of 1,375 units, reported that the Planning Commission questioneewhether'a. 5 room inn,wordd be viable, and believed that the developers needed to make a good- faith effoft�io bui the resort inn before they could transfer units and develop them on the reQOrt inn sib ._He indicated that the Planning Commission set a time limit under which thry world be precluded from going ahead with the alternative use ofathe resort inn site and - st "ated that the applicant is asking that the errata to the PC Development Plank e modified to exclude that provision. Mayor Gad dner requested that stuetsweepiig in the private streets and parking lots be done at the -wine rat tirs4in .otl er parts of 't C.iy; asked for detailed information regarding green streets, and asked. \that `; *,requirement be made to prohibit trucks from idle during mustruction. Addii`onally, `she inquired regarding the 97 -acres of exotics, suggested increasing the area ofihabitat,atated that there should be a prohibition on invasive exotics abutting the natural eas, anif ? encouraged the use of energy - efficient appliances and featurre •. She pointed out that the General Plan allowed for a parallel path for open space, as well as',for, a proposed development, emphasized that Council and staff have not been unfriendly tothe process, expressed the opinion that the Conservancy has been disingenuous regarding the letter fr'o`m Coastal Commission staff, commented regarding reading letters into the record, ands rc gg"ested that in the future, the public provide written comments and make their personal plea . Following discussion, there was no desire to re- circulate the EIR or reconsider the alternatives. Council Member Henn indicated that the benefits of the project are overwhelmingly favorable compared to the adverse impacts that have been identified and noted that this is not just a question of money, but is positive from an environmental standpoint since the open space will be cleaned up and made usable. City Attorney Harp noted that his office prepared amendments to some of the proposed Volume 60 - Page 544 City of Newport Beach City Council Minutes July 23, 2012 documents. Motion.hy Council Member Hcnn, seconded by Council Member Rosansky to a) adept Resolution No. 2012 -58 certifying Environmental Impact Report No. ER2009 -002 (SCH No. 2009031061) and adopting Findings and Facts in Support of Findings; b) adopt Resolution No. 2012 -59 approving General Plan Amendment No. GP2008 -008 and adopting a Statement of Overriding Considerations; c) introduce Ordinance No. 2012 -16 approving Code Amendment No. CA2008 -004 and Planned Community Development Plan Amendment No. PC2008 -002, and pass to second reading for adoption on August 14, 2012; d) adopt,,amended Resolution No. 2012 -60 approving Master Development Plan No. MP2008- 001,,, ntative Tract Map No. NT2008 -003, Affordable Housing Implementation Plan No, AH20 08 -001, Traffic Study No. TS2008 -002, and the Newport Banning Ranch Mitigation Monit ring and Reporting Program; and e) introduce amended Ordinance No. 2012 -17 appro , pevelopment Agreement No. 2008 -003, and pass to second reading for adoption on August 14; "L012. Council Member Rosansky commented positively.-l' the proposed "project, addressed the related public benefits, and believed that there rlias been a good- faith;ffort by the City to assist the Banning Ranch Conservancy with- trying to identify fun(fs'�to purchase the property. (, -` Council Member Daigle addressed the General'Pla":n and stated that the project is consistent with the voter - approved General Plan. Mayor Pro Tern Curry requested 'thit-ahe.City Manager direct the Finance Director to establish a trust account in order toy = deposit th<p.,,%5 mill on.rlonated to the Banning Ranch Conservancy effort, as well as any other donation ;that may be contributed toward the land acquisition. He added that in the six years he has been'o`wthe City Council, the Conservancy has not raised any me ie'y toward the acquisitir n of the property. Council Member$elich agreed with previous Council Member comments; noted that he does not look at the project as approving a development, but rather approving an open space and conservation plan; explresc<d the opinion th'� t this is a financial and feasible plan; reported that he bas lead,the EIRr as well ac tbe,,comments and responses; and stated that he has beard- ciothing dur g tlus.jhearing or been- provided substantial evidence that would change f. his >oprnion. `i C by Attorney Harp reported that the idling issue has been addressed in the EIR, but recommended that conducting street sweeping once a week, removing exotic species, and prohib ng the use of evasive plants next to open space areas be included in the Development Agreementlif desired. ;Following discussion, it was the consensus of Council to maintain the errata recommended b ,the Planning Commission. to a) adopt amended Resolution No. 2012 -58 certifying Environmental Impact Report No. ER2009 -002 (SCH No. 2009031061) and adopting Findings and Facts in Support of Findings; b) adopt Resolution No. 2012 -59 approving General Plan Amendment No. GP2008 -008 and adopting a Statement of Overriding Considerations; c) introduce Ordinance No. 2012 -16 approving Code Amendment No. CA2008 -004 and Planned Community Development Plan Amendment No. PC2008 -002, and pass to second reading for adoption on August 14, 2012; d) amended adopt Resolution No. 2012 -60 approving Master Development Plan No. MP2008 -001, Tentative Tract Map No. NT2008 -003, Affordable Housing Implementation Plan No. AH2008- 001, Traffic Study No. TS2008 -002, and the Newport Banning Ranch Mitigation Monitoring and Reporting Program; and e) introduce amended Ordinance No. 2012 -17 approving Development Agreement No. 2008 -003, including the prohibition on construction truck idling, Volume 60 - Page 545 City of Newport Beach City Council Minutes July 23, 2012 conducting street sweeping once a week, removing exotic species, and prohibiting the use of evasive plants next to open space areas, and pass to second reading for adoption on August 14, 20' 2. The amended motion carried by the following roll call vote: Ayes: Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Council Member Hill )CII. ADJOURNMENT - 10:57 p.m The agenda for the Special Meeting was posted on July 29;2012, at 4:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport, Beach Administration Building. t Recording Secretary Mayor Volume 60 - Page 546 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session July 24, 2012 — 4:30 p.m. I. ROLL CALL Present: Council Member Hill, Mayor Pro Tem Curry, MayorrGaiidner, Council Member Selich, Council Member Henn, Council Member Daigle Excused: Council Member Rosansky f Council Member Rosansky arrived at 5:30 p.m- IL CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Council Member' -, D'a gle a question'regarding Item 4 (Municipal Code Amendment to Exempt Compli mentdry H'otzl; Rooms from�\Transient Occupancy Tax and Visitor's Service Fee), Finance DirectorMcCranei reported that about $100,000 per year of Transient Occupancy Tax (TOT) was earned froui2omped -rooms and it was the consensus of Council at the July 10 ,2012, Study Session to'not assess taxes on any complimentary rooms. Regarding Item Association), Cc term that the b the is found so he su Regarding Item 10 (. and 'R'stated ProfE Transition-Plan Up d, ADA Consu`ii"ant and 2. PRESENTA ment One to Bayfiont Lettered Lot Lease with Lido Isle Community nber Hill noted that there is generally provisions at the end of the i2�-to be left in a state of normal wear and tear, and that it is more 110- tALiva a_clause indicating that the landlord has the option of Loved or also stated that usually at the end of long -term ifdngs have no value and that the landlord has to pay to have them including this type of clause in other leases. :icans with Disabilities Act Transition Plan - Approval of Amended ial Services Agreement with Disability Access Consultant for Council Member Hill questioned the need to go to Nevada to find an mmended that a local Consultant be found. Tom Pollack, Capital Campaign Chairman for ExplorOcean, introduced his team and presented a video describing the various exhibits and attractions planned for the site. He addressed their mission statement and purchase of the property; provided a brief history of the area; discussed the results of the economic benefits studies, quality of life and community benefits, community revitalization, the possibility of creating a cultural funding mechanism, and typical municipal funding solutions. He also addressed the one -time impacts of the project, recurring impacts, key findings, demand for parking, requirements and solutions, the current project status, project schedule, goals, need for coordination with the City, the organization's commitment, community outreach, feedback, and the Citizen's Advisory Panel's recommendations. Volume 60 - Page 547 City of Newport Beach City Council Study Session July 24, 2012 In response to Council Member Henn's question, Mr. Pollack reported that the organization is one of the best- endowed Nautical Museums in the country and have approximately $8 million in an unresur cte,4 investment portfolio committed to the project. He eddr=rsed the focus and phases of the capital campaign. In response to Council Member Selich's question, Mr. Pollack addressed the parking structure and the schedule for processing applications through the City and the Coastal Commission. Tim Collins reported that the proposed schedule for processing through the City's Planning steps is approximately sic months and twelve months throu&Coastal Commission. He addressed the types of environmental studies necessary and -their hope for a Mitigated Negative Declaration. f Community Development Director Brandt believed that�a reali`atic schedule would be nine r months to one year, and pointed out the need to understand the scope of the impacts before processing a Mitigated Negative Declaration. Council Member Henn expressed support for Mr. Pollack thanked Council and stated that 3. LOCAL IMPACTS OF AB 109 (PRISONER City Manager Kiff introduced the `item; -ibt request of Council Member Daigle. Ha `ddres to Police Chief Johnson for a report. �. Police Chief Jo discussed the n reported that of of criminals out Police sentencing and prose< hy,the State, transfer City'; 1tbe recidivism committed. �t Discussions ensued rei enforcement, and. nar =reported that he of prisoners bein that will be arreste ect= moving forward. " 7 forward to working with staff. that it`in,',being brought to Council at the :he State'e`r alignment process and deferred ry concerned about the impacts of AB 109, ased and the associated recidivism rate, and y few will go to prison which will result in a lot streets. i-r,rovided. a PowerPaint presentation to address the background of the e ates.�for program implementation, release of offenders, guidelines for sting chimes, number of prisoners due to be released, allocation of funds f responsibility for housing and supervision of prisoners, impacts to the rate, flash; incarcerations and revocations, and types of crimes financial impacts, reimbursements per release, municipal law with the Probation Department. Police Captain .7dlinyon addressed the crime rates and types of crimes in Orange County, reported that the Police Department will continue to monitor the issue, discussed economic trends, and noted the commitment of the Police Department in keeping residents safe. He presented details of the Police Department's strategies, including directed enforcement, a crime analysis program, the Gang Suppression Unit, and the Detective Division. Members of Council commended the Police Department for their efforts. Police Captain Johnson added that of the property crimes committed, a large number are due to unsecure vehicles, garages, and homes, and stressed the importance of educating the public. Volume 60 - Page 548 City of Newport Beach City Council Study Session July 24, 2012 Mayor Pro Tern Curry commented on the problems caused by State cutbacks, noting the need for change. III. PUBLIC COMMENTS - None IV. ADJOURNMENT - 5:40 p.m. The agenda for the Study Session was posted on July 19, 2012, at 4:45 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. _1 Recording Secretary � s ti NPay_or City Clerk Volume 60 - Page 549 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 24, 2012 — 7:00 p.m. I. STUDY SESSION - 4:30 p.m II. CLOSED SESSION - 5:40 n.m. A CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54.957.6): Agency Designated Representatives:' Dave Riff,, City Manager,'und Terri Cassidy, Human Resources Director, Negotiators - , 4 .. Employee Organizations: AU Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newpov Beach City Employees Association (NBCEA); Newport Beach Employees League (9$9G). Newport Bea`r_h. Firefighters Association (NBFA); Newport Beach Fire Manage ment'tssociation (NBF7ViA); Lifeguard Management Association (NBLMA); Newport Beach Park Ti ne.Unit (OPEC, Local 777); Newport Beach Police Association (NBPA); Newport Beach�Police"Mansgement Association (NBPMA); Newport Beach Professional and Techriieel;�ssociation (NBPTEA) III. RECESS IV. RECONVENED AT 7:00 P.M. FOR RE9`UJL RAZESING V. ROLL CALL�' Present`:''e'buticil Member Hill) `C'ouncilP\Cember Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council.Member Sel'i'ch ^;C'ouncil &i'ember Henn, Council Member Daigle VI. CLOSED SESSI.O'N REPORT'• City Attorney Harp announced that there was no reportable action VII. PLEDGE OF ALLEGIANCE- Council Member Henn VIII. INVOCATION - Pastor Bob Bro¢ger, Mariner's Church IX. PRESENTATION - None K NOTICE TO THE PUBLIC K" Volume 60 - Page 550 City of Newport Beach City Council Minutes July 24, 2012 0 DISCUSSION ITEM) Mayor Pro Tem Curry reported that he represented the City at the Orange County Taxpayers' Annual Awards Dinner and that the City was nominated for a Taxpayer Award for the City's Park Management and Administration because of the savings to the City and due to revenue recovery through the use of credit cards to pay for parking. He reported that he attended a reception by the Balboa Theater where residents are working to raise funds to renovate the theater, attended a Concert in the Park Event sponsored by the City Arts Commission and reported that the next concert will be at Bonita Canyon Park on August 5, 2012; and attended a bike - kickoff event by °Bike Nation in the City of Anaheim, noting the possibility of implementing such a program in Newport Beach. He noted that the State waived requirements for local governments to administer the�'Brown Act, stating that the requirement for posting agendas, by law, has been removed; reported that he sits on the Board for the Association of California Cities and that the Board recommended that- cities continue to follow the Brown Act irrespective of the Legislature's direction; and requested that a resolution be brought to Council reaffirming that the City will follow the requirements of the Browu,?Act irrespective of them being waived by the Legislature. \ Council Member Rosansky welcomed Carl Alford, ,Boy Scout'Troop 90, who is try urg to fulfill badge requirements for citizenship in the community. s! Council Member Daigle reported that the Balboa Yacht Oub hosted the Governor's Cup competition and reported that there was an appearance by the America.3 ,,Cup winners that was arranged by local sailor, Andy Rose. She reported that next year;,the- competition will be in San Francisco; and addressed improvements in technology and boats. Regarding- 'the'19th Street'B'cadge, she reported that the City is nearing completion of the Jamboree Road Bridge and that - the 19th lStreet Bridge will probably be eliminated from the map in November. She requested an,updatelon current studies. '' Council Member Henn reported that the Neighbo'r'hood Revitalization Committee's next meeting will be on August 9, 2012 in the Council Chambers at' 4:00 p.m. The Committee will be considering a governance structure tliat'_will carry out the recommendations adopted for the revitalization for Balboa Village; as well as an upda6b.,,gn the' - resident parking-permit survey. Mayor Gardner reported'thatthe- Orange Couni,V Santation District and the Orange County Water District are-hosting a Community Open House on Saturday, July 28, 2012 from 10:00 a.m. to 2:00 p.m. at their facility in Fountain Valley. City Manage`rXiff announced t, at Finance Director McCraner will be leaving the City for a job in her home town of'San Diego. In addition, he announced the retirement of Assistant City Manager Smith, and wished them',lioth well. If 'I A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE JULY 10, 2012 STUDY SESSION AND REGULAR MEETING. [100 -20121 Waive reading of subject minutes, approve as amended and order Sled. Council Member Daigle abstained from this item since she did not attend the July 10 meetings. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct the City Clerk to read by title only. Volume 60 - Page 551 City of Newport Beach City Council Minutes July 24, 2012 B. RESOLUTION FOR ADOPTION 3. REMOVAL OF PARKING RESTRICTIONS ON BALBOA BOULEVARD BETWEEN 15TH STREET AND 19TH STREET. [100 -20121 a) Rescind Resolution 95 -121; and b) adopt Resolution No. 2012 -61 removing existing parking restrictions on the northerly side of Balboa Boulevard, between 15th Street and 19th Street, between 9:00 a.m. and 6:00 p.m. on Saturdays and Sundays, between May 15 and September 15, Memorial Day, July 4, and Labor Day. C. ORDINANCE FOR INTRODUCTION 4. MUNICIPAL CODE AMENDMENT TO EXEMPT COMPLIMENTARY HOTEL ROOMS FROM TRANSIENT OCCUPANCY] AX AND VISITOR'S SERVICE FEE AND GENERAL TERMINOLOGY CLEANUP. [100 -20121 Introduce Ordinance No. 2012 -18 amending NBMC Sections 3.16.040'and 3:28.035 to exemp tL complimentary hotel rooms from TOT and VSF, and a-mending Sections 3.16.020, 3.16.030;c',3,16.040, 3.16.050, 3.16.060, 3.16.070, 3.16.075, 3.16.085, 3x16.0,90, 3.16.110, 3.16.120, 3:1F 140, 3.28.010, 3.28.035, 3.28.050, 3.28.055, 3.28.060, 3.28070 and 3.28.085 to reflect the terminology change from "Administrative Services DirecQ", to "Finance Director," and pass to second reading on august 14, 2012. \, " L4 D. ORDINANCES FOR ADOPTION 5. AN ORDINANCE_. NEWPORT PLACE BOUNDED „BY b STREET, AND BR second readifi . and ORDABLE'I "HOUSING AMENDMENT FOR DdMUNITY LOCATED WITHIN THE AREA OULEVARD, JAMBOREE ROAD, BIRCH NORTH (PA2011 -215). [100 -20121 Conduct a e No. 2012 -14 approving Planned Community Development Plan Amendment No. TD2012 -005 and fording that all significant en ixoiimi,ntal concerns for theproposed'- Amendment have been addressed in a previously adopted negative declftration for the`Newport Beach 2008 -2014 Housing Element Update (SCH No. 2011091088): 6. '- ,SECOND READING - O DINANCE 2012 -15 DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONE ( VHFHSZ) IN THE CITY OF NEWPORT BEACH. [100- 2012]-, Conduct second reading and adopt Ordinance No. 2012 -15 designating VHFHSZ withiWthe City of Newport Beach. Mayor Pro.Tem Curry recused himself from this item since he resides in an area that was previous designated as a VHFHSZ. E. CONTRACTS AND AGREEMENTS CONTINUOUS DEFLECTIVE SEPARATION (CDS) UNIT MAINTENANCE AGREEMENT WITH CALTRANS (C- 5198). [381100 -2012] Approve the Maintenance Agreement with the State of California for the cleaning and maintenance of the CDS unit within the Caltrans right -of -way. 8. AMENDMENT NO. 1 TO LIDO ISLE BAYFRONT LETTERED LOT LEASE WITH Volume 60 - Page 552 City of Newport Beach City Council Minutes July 24, 2012 F. LIDO ISLE COMMUNITY ASSOCIATION (C- 3272). [381100 -20121 a) Waive City Council Policy F -7's requirement for an appraisal or similar analysis for Parcel C, because tl.e City of Newport Eeach will receive in -kind services under the lease; and b; authorize the Mayor to execute the Amendment No. 1 to the Lido Isle Bayfront Lettered Lot Lease on behalf of the City. 9. COOPERATIVE AGREEMENT WITH THE COUNTY FOR THE FUNDING OF MAINTENANCE DREDGING IN LOWER NEWPORT BAY (C- 5018). [381100 -20121 Approve the County Cooperative Agreement for funding the County Tidelands portion of the Lower Bay Dredging Project, and authorize the Mayor,'•and City Clerk to sign the Agreement. Mayor Curry recused himself from this item,and Item 13 since he Chairs the County Parhs Commission which is the reviewing agency for the County on the same contracts, f'' 10. AMERICANS WITH DISABILITIES ACT TRANSITION PLAN I— APPROVAL OF AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT WITH DISABILITY ACCESS CONSULTAWStFOR TRANSITION PLAN UPDATE(e- 5059). [381100 -20121 a) Approve the Amended and Restated Professional Services Agreement with Disability Access Consultants=o'I Las Vegas, Nevada, for completing the City's ADA Transition Plan Update for an additional $24,120, and raise the total not -to- exceed contract price to $139,020 an 'authorize thelMayor and the City Clerk to execute the Amended and Restated Agreement; aiid h) approve�Budget Amendment No. 13BA -005 GF -. transferring $24,120 from Account No. ; M2 200100'9,}[Sidewalk, Curb, and Gutter Replacement and ADA Improvements - C,o muiut� 41evelopment Block Grant (CDBG) fund] to Account:: "No:�7161- C8002030 (r, IjA Tr a' n Plan) for the needed additional services. 11. BUILDLNG INSPECTION AND PLAN REVIEW SERVICES - APPROVAL OF AMENDED AND \REST4TED4PROFESSIONAL SERVICES AGREEMENT WITH CA •GOD.E GROUP (C- 49 V 0):- .'1881100 -20121 Approve the Amended and Restated P o 3 feasional Services 4greement wiCli'VCA Code Group for contract professional services for an amount not^to ex ee'd $300,000. 12. PLANNING COMMISSION AGENDA FOR JULY 19, 2012. 1100 -20121 Receive and file. 13. PHASE II LOWER BAY DREDGING - FUNDING (C- 5018). [100 -20121 a) Authorize the Mayor to execute an amendment to the existing Corps Memorandum of Agreement relating to City financial participation in the project; and b) approve Budget Amendment No. 13BA -004 that appropriates $3,875,000 to Account No. 7241- C4402003 to dredge additional areas in the project ($2,337,000 to be considered a loan from the General Fund to be reimbursed over time from Tidelands revenues and $1,538,000 in revenues from the County of Orange); and recognizing $1,538,000 in revenue from the County of Orange for its share of costs for the Lower Bay Dredging Project. Mayor Curry recused himself from this item and Item 9 since he Chairs the Count, Parhs Commission which is the reviewing agency for the County on the same Volume 60 - Page 553 City of Newport Beach City Council Minutes July 24, 2012 contracts. 14. T4CENSE AGREEMENTS AUTHORIZATION FOR TFMPORARY USE OF LOWER CASTAWAYS LOCATED AT 100 DOVER DRIVE (C -6199 & C- 5200). [381100 -2012] Authorize the Mayor and City Clerk to execute two separate license agreements, one with the Bayshores Community Association and the second with Mariner's Pointe, to allow temporary use of the City -owned property. The agreements shall be in substantially the same form as the attachments and shall be reviewed and approved as to form by the City Attorney's Office prior to execution by the Mayor. , Regarding Item 13 (Phase II Lower Bay Dredging — Funding); CouncilMember Daigle noted that the City is seeking additional funding for dredging and addressed a window of opportunity to use Port of Long Beach. Council Member discussed dredging accomplishments -and commended staff for their leadership on this issue. t Motion by Mayor Pro Tem Curry, seconded by Council Member T3'QSanskv to approve the Consent Calendar; and noting the abstention by Council Member Daigle on Item 1: 'and the recusals by Mayor Pro Tem Curry on Items 6, 9 and 13. r % ``• The motion carried by the following roll call vote: .' ,.1 Ayes: Council Member Hill, Council Member, Rosansky, Ma`ygr,Pro Tem Curry, Mayor Gardner, Council Member Sebch, Council Member Henn` Council Member Daigle XIII. ITEMS REMOVED FROM THE CONSENT, CALONDAR - Noue - XIV. PUBLIC COMMENTS Jim Mosber commented on the retiirement o£Asaistant City Manager Smith indicating that the City Charter calls for the designation of a City Manager'1Pro Tem. He suggested designating that person at the next Council meeting. ','• XV. ORAL REPOR 9 FR6M,CITY COUNCIL ON:C. MMITTEE ACTIVITIES Council,.?�fiember Daigle reported th °at,the Airport Land Use Commission has found that Items 15 (North N wport Center Planned Community Amendment which Includes Fashion Island, Block 600, Block 800 and Portions of Blocks 100, 400, 500 and San. Joaquin Plaza of Newport Center (PA2012- 020)] and 5 [fin, Ordinance Adupting Affordable Housing Amendment for Newport Place Planned Community Located Within the;; area Bounded by Macarthur Boulevard, Jamboree Road, Birch Street, and Bristol Street Moth (PA20jI I -215)] are consistent with the Airport Environment Plan. Additionally, Council Meiiiber;Daigle noted that there have been four cases of typhus in Orange County and noted that Vector Control has determined that it was caused by flea -born feral cats. Council Member Henn reported that the Tidelands Management Committee met at 4:00 p.m. on July 18, 2012 at the OASIS Senior Center and that the main topic discussed was the Tidelands Infrastructure Capital Plan. He reported that good progress was made, stated that focus is on capital projects affecting the harbor, and added that the item will be presented to the Harbor Commission and returned to the Tidelands Management Committee at its next meeting, after which it will be presented to Council for consideration. XVI. PUBLIC HEARINGS Volume 60 - Page 554 City of Newport Beach City Council Minutes July 24, 2012 15. NORTH NEWPORT CENTER PLANNED COMMUNITY AMENDMENT (C -4014) WHICH INCLUDES FASHION ISLAND, BLOCK 600, BLOCK 800 AND PORTIONS OF BLOCKS 100, 400, 500 AND SAN JOAQLiIN PLAZA OF NEWPORT CENTER (PA2012 -020). [381100 -2012) Associate Planner Murillo utilized a PowerPoint presentation which included the area's background, update to the General Plan in 2006, opportunities for new residential units, the North Newport Center 'Planned Community code amendmer rights, the traffic study, needed traffic improvements, approval Implementation Plan, details of the application including it and allocation of units to San Joaquin Plaza noting that all es remain unchanged. He addressed the location of the Marriott rooms to Newport Center, transfer of development intensit'i General Plan, traffic studies, impacts, amendment toy' the including public benefit fees, and reimbursement far the presented details of the Affordable Housing Implementation units depends on if they are very -low income units, low incom He addressed the requirement for a Water,t;,;Apply A sessn Council, provided the findings of the WatertSupply'Assessm and referenced the Planning Commission's revlewiand the approval. :s, vesting of development of an Affordable Housing g development intensities, development standards will conversion of unbuilt hotel lings, consistency with the 6 Development Agreement e? walkway connection. He Plan; statfhg that the number of units, or gderate income units. mt. with subsequent approval by nt, noted compliance with CEQA, Airport Land Use Commission's Dan Miller, The Irvine Company, ewpressid;agreement with the contents and findings of the staff report. P 1 Council Member Daigle acknowledged The Irvine Cc mpianvs long =term plans for Newport Center which creates long -term value for the community;; Mayor Gardner opened the public heasin'g. Jim Mosher addressed the t,conversion of hotel rooms in Newport Center, discussed a previous action by Council mvolving r9 con ominium units adjacent to the Marriott Hotel, addressed a prior Coasial;C;ommissionrequest for a $� milPion mitigation fee for the loss of the visitor- serving capacity "'at the ter is court "tz, and asked ifpermission is needed from the Coastal Commission to amend the City s Coastal Land Use Plan (CLUP). He asked if the Ad Hoc Council Committee w`r s €ormally appomtedj`jand nq red about the reimbursement for the Bayside walkway Associate'-`Planner Murillo stated that the project involving the 79 condominium units was a different piuject in a separate parcel, noted that the current application does not involve a CLUP amendment .and that the hotel site remains designated for visitor- serving uses, and stated that the CLUP does ,;r"i"ot establish specific development limits related to hotels but rather a development range''wthin the Floor Area Ratio (FAR). Linda Tang, The Kennedy Commission, submitted written comments and indicated support for the project, specifically the implementation of the Affordable Housing Implementation Plan (AHIP). She commended the City's efforts in planning for affordable homes, especially for the construction of new homes for lower - income working families. Hearing no further testimony, Mayor Gardner closed the public hearing. Council Member Selich commented on the reimbursement for the Bayside Walkway Connection noting that the Irvine Company agreed to generously contribute to the connection and thanked Volume 60 - Page 555 City of Newport Beach City Council Minutes July 24, 2012 them for doing so. Motion by Council- Member Selich, seconded by Mayor Pro Tim Cures to a) adopt Resolution No. 2012 -62 adopting Addendum No. 2 to the Program Environmental Impact Report (SCH No. 2006011119) for the City of Newport Beach General Plan 2006 Update and the Water Supply Assessment prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3; b) adopt Resolution No. 2012 -63 approving Transfer Development Intensity No. TD2012 -002; c) introduce Ordinance No. 2012 -19 approving Planned Community Development Plan Amendment No. PD2012 -001, and pass to second reading on August 14, 2012; d) adopt Resolution No. 2012 -64 approving Traffic Study No. TS2012 -004; e) adopt Resolution No. 2012 -65 approving the proposed Amendment of the Affordable Housing Implementation Plan; -and f) introduce Ordinance No. 2012 -20 approving an Amendment to Development Agreement No. DA2007 -002, and pass to second reading on August 14, 2012, noting that $500,000; will b6,-set aside for Back Bay View Park enhancements and improvements. V' The motion carried by the following roll call vote: \, Ayes: Council Member Hill, Council Member'Rosansky�- -Mayor Pro Tern Curry;` Mayor Gardner, Council Member Selich, Council Membei I3'emi,�Council Member Daigle 16. MARINA PARK COASTAL LAND ,USE PLAN AMENDMENT (PA2012 -079) - 1600 WEST BALBOA BOULEVARD. [700 - 2012)'. , Principal Planner Campbell utilized a`Power'Point- .presentation which provided the background and previous approval by Council, discussed Coastal, Commission review and their opposition to the amendment, presented the tower feature along with details of the elevations and height limitations, noted receili o %comments from the °Coastal Commission, and suggested language to r ni incorporate the communicatmn/ tsunami warning equipment into the new tower. Discussion followed -,regarding the possibility of incorporating the language proposed by the Coastal Commission at this time and the feasibility of placing communications equipment in the tower. - -- - - Principal Planner Caiupbell,.ttated that there is no guarantee that the higher tower will be allowed if Council agrees witli -,.the Coastal Commission changes end read proposed new language. Mayor'Gardner openc&tbe public hearing. Jim Mosher believed that the building looks just as good without the tower and commented on the Coastal Commissiowcorrespondence regarding the height. V ,- Elliott Vaughn took -issue with the height of the proposed tower, believed that discussion at the Coastal Commission meeting pertained to placing the tsunami warning system on top of the tower, and suggested reducing the height of the tower to a maximum of 50 feet. City Manager Kiff indicated that he did not recall discussion regarding placing the equipment on top of the tower, but rather inside the tower. George Schroeder noted that the Coastal Commission may make some adjustments, believed that a landmark is needed, and expressed support for the project. Hearing no further testimony, Mayor Gardner closed the public hearing Volume 60 - Page 556 City of Newport Beach City Council Minutes July 24, 2012 Motion by Mayor Pro Tern Curry, seconded by Council Member Selich to adopt amended Resolution No. 2012 -66 that: 1) finds the California Environmental Quality Act (CEQA) to be o_ tisfied by the May 11, 2010, Pity Council certiEcltion, of the Marina Park ProiPrt Environmental Impact Report (EIR) (SCH #2008051096) in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3; 2) approves Coastal Land Use Plan No. LC2012 -002; and 3) amends Policy 4.4.2 -1 to read, "Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4 -3, except for the following site. Marina Park located at 1600 West Balboa Boulevard: A single, up to 73 -foot tall architectural tower that does not include floor area but shall house screened communications or emergency equipment, and create an iconic landmark for the public to identify the site from land and water." !' The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky,bIayor Pro 'Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn.-�Council Member-Daigle XVII. CURRENT BUSINESS 17. APPOINTMENT OF A NEW CITY ARTS COMMISSIONER TO SERVE UNTIL JUNE 30, 2013. [100 -20121 City Clerk Brown noted that the aforementioned will be conducted via paper ballot and that the term expires June 30, 2013. City Clerk Brown read the paper ballots as follows;y Caroline Logan - Hi1L(Rosanssky, Curry, Selich!' Michaell Magrutschi - Henn,'Daigle, Mayoi�.Gardner i City Clerk Brown announced that Caroline Logan is the new City Arts Commissioner for a term ending June,30', 2013. 18. NOVEMBER 6, 2012 GEN) it, MUNICIPAL ELECTION. (331100 -2012] City ^Clerk Brown presented the staff report, noting that the resolutions were separated into two cateebia es: Council Candidates for Districts 2, 5 and 7, and proposed Charter Amendments. She believed that Council also needs to designate a Council Member or Members to draft an argument. for or against the measure and any rebuttals, if needed. Mayor Gardnei'referen'ced correspondence from Robert Hawkins, City Clerk Brown explained the differences be wteen a Direct Argument for or against a ballot measure and a Rebuttal Argument, and the differences between the maximum word counts for each type of argument. Jim Mosher believed that it is a disservice to the citizens to put 38 questions on the ballot as a single measure, as well as the red camera issue. He indicated that he will be voting against the measure, hoped that clarification is given, and wondered if the City Attorney comments will be placed on the sample ballot. Motion by Council Member Rosansky, seconded by Mayor Pro Tem Curry to a) adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 6, 2012, pursuant to Section 1000 of the City Charter: 1) adopt Resolution No. 2012 -67 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2012, for the election of members of the City Council as required by the provisions Volume 60 - Page 557 City of Newport Beach City Council Minutes July 24, 2012 of the City Charter; 2) adopt Resolution No. 2012 -68 requesting the Board of Supervisors of the County of Orange,to consolidate a General Municipal Election to be held on Tuesday, November 6, 2012, with +.ham. Statewide General Election to be held on the same da *e pursuant iu Section 10403 of the Elections Code (Council Candidates); 3) adopt Resolution No. 2012 -69 adopting regulations for candidates for elective office pertaining to Candidates Statements submitted to the voters at an election to be held on Tuesday, November 6, 2012; 4) adopt Resolution No. 2012- 70 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2012 for the submission of proposed Charter Amendments; 5) adopt Resolution No. 2012 -71 requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, No 6, 2012, with the statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code (Charter Amendments); 6) after discussion, adopt Resolution No. 2012 -72 setting priorities for filing written arguments regarding City Measur. st,,and directing the City Attorney to prepare an Impartial Analysis; and 7) adopt ResolutionVo. 2012;73 providing for the filing of rebuttal arguments for a City Measure submitted to v�oter`s at the General Municipal Election to be held on Tuesday, November 6, 2012 pursuant to/Galifornia Elections Code Section 9285; and b) designate Mayor Pro Tern Curry as the lead Council Member to draft+a,Direct Argument for the ballot measure, and any rebuttal argument;-�if needed.' The motion carried by the following roll call Ayes: Council Member Hill, Council Member Rosadsky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Councit;Member Henn, Council Member Daigle XVI11. MOTION FOR RECONSIDERATION -13 one XIX. ADJOURNMENT - Adjourned,at 8:05 p.m. iii memory of Doi?rra Crean , The agenda for the Regular Meeting was posted on July 20, 2012, at 8:10 a.m. on the City Hall Bulletin Board located :outside f the City of Newport Beach Administration Building. V r it r City Clerk Recording Secretary Mayor Volume 60 - Page 55S