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HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1 February 14, 2012 I' !ili �r1 y�� `,9� Z a ! �° ff City Council Minutes City Council Special Meeting - 2012 Planning Session Newport Beach Central Library - Friends Room 1000 Avocado Avenue Newport Beach, CA 92660 January 23, 2012 — 6:00 p.m. 1. WELCOME Roll Call by City Clerk Brown Present: Council Member Hill, Council Member 1 sansky,- m Mayor Pro Te Curry, Mayor Gardner, Council Member Selich, Council MembenllD i le,,,.-/" ' ' •, Council Member Henn arrived at 6:09 p.m. ` Pledge of Allegiance - Council Member Curry Call the Meeting to Order Mayor Gardner welcomed everyone in attendance. She noted- •tlfe,importance of the planning session, stated that staff will'be- coming back with d`e£ails about tamelines and specific projects at a future Council meeting; and pointed out that the City should be flexible with its goals. Comments from the Public onWon- agenda Items Jim Mosher discussed the Special Meeting,Notice_ and expressed hope that next year's meeting will be televised: ` Frank:Peters expressed hop hat the00ity will improve bike safety. Karen Jacobi, asked if Council will be discussing the reduction of driving lanes on Coast Highway and`MacArthur Boulevard. Robert Hawkins received confirmation that public comments will be taken relative to the priorities set in 2010 and, 201;1 (Item 3). 2. Jan Perkins, Meeting Facilitator, reviewed the planning session agenda. 3. REVIEW STATUS OF PRIORITIES SET IN 2010 AND 2011 City Manager Kiff utilized a PowerPoint presentation to discuss the 2010 fiscal sustainability goals (protect and enhance the City's quality of life; fiscal sustainability; effective management; economic sustainability; environmental sustainability; and community enhancement). He also reported on the 2011 generational planning goals (aviation; neighborhood revitalization; Volume 60 - Page 338 City of Newport Beach City Council Special Meeting Minutes January 23, 2012 tidelands management; fiscal sustainability issues; and City Hall construction). 4. FISCAL'OUTLOOK Finance Director McCraner stated that the City is midway through Fiscal Year 2012 and indicated that the City is on budget. She reported that the General Fund budget is about $150 million; the top three revenue sources for the City (property tax, sales -tax, and Transient Occupancy Tax) are estimated to be $1.5 million over the revenue budget estimate; and that the departments have reduced their budgets by $8 million and are reporting that they will meet the budget expenditure estimates, are trying to come in under budget, and.) may possibly come in with a $1 million savings.' Mayor Pro Tem Curry encouraged the City to continue doing what it has been doing to keep Newport Beach fiscally sound. He stated that this is also an opportunity to look at other large projects, such as Sunset Ridge Park, Marina Park, dredging, the IT'Strategic Plan, and the neighborhood revitalization projects, and find out how to`_fiind all the projects without deviating from the City's strong fiscal stance. ice, City Manager Kiff indicated that the City is cautiously optimistic for a gradual recovery in light of what is happening with the current economic trendac'He stated that the key aT, s to watch for the City include pension issues, labor negotiations; and any State budget impacts. Robert Hawkins requested clarification about reducing'fire,hazards in Buck Gully (2010 Goal No. 6). Acting Fire Chief Restadius reported -that a PowerPoint presentation will be used at tomorrow's Study Session to highlight therm p-and_discuss the reasons for having a Very High Fire Hazard Severity Zone (VHFHSZ). ``- 5. PRIORITY EFFORTS FOR 2012 r � " / - City Manager Kiff 'noted that he divided up the 2012 priorities into five categories: 1) constructions projects ; -2),agree `ments to be completed, 3) further decisions that need to be made, 4) internal and external actions ,and -5) allowances for unforeseen projects. t i Construction Prc4erts. Current Projects:. Maintaining streets, sidewalks, etc. Lower B'ay,Dredging Sunset Ridge -Park Marina Park'`,. Civic Center and Park Project and the move Jamboree Road widening,,,' Some of the 2011 revitalization projects Potential Future Projects: Harbor and tidelands projects West Newport Beach Facilities review Update of the Facilities Financing Plan (FFP) Revitalization ideas /studies for Balboa Village and Lido Marina Village Agreements to be Completed JWA Settlement Agreement Extension Determination about the old City Hall site Volume 59 - Page 339 City of Newport Beach . City Council Special Meeting Minutes January 23, 2012 Oil facilities Labor agreements Further Decisions that Need to be Made Budget General Fund Capital Improvement Plan (CIP) Review of reserve levels NBTV City Charter A Group Residential Uses Internal and External Actions (Good to Great) f Shared services City's Information Technology (IT) Residential Trash Collection Law Enforcement Fire Department J, Facility Management Other Issues Fire Rings Smoking.ban in pars and by the beach Chickens Urban Forest and City Council Policy G -I - Any other items that cannot be predicted `1 In response to Mayor Gardner's questions'regarc Committee and the Neighborhood Revitalization; committees' suggestions'/will go before the City Further, he noted thrt more study needs to Regarding her quesiibns.relatiVe to the Sem area is operated by the ti.S. Coips•of.Engine does not make seirse,to dredge the City °s -ar_e budget for'it'if it was'the desiie'_of the City C tink1he work-of the Tidelands Management ity Manager Kiff noted that the 36mmittee, C Council for consideration and prioritization. in Balboa Village and Lido Marina Village. lough, City Manager Kiff stated that half the ad the other half is operated by the City, so it it the Corps dredges. However, the City could tip._ Mayor, Gardner requested that, when this comes back to Council, that the departments that woul'd,,b'e.involved with the projects be, Went' ed in order to assist with prioritizing the projects. Regarding the CIP, Council' ember Daigle indicated that she hopes that Council will be more involved earlier, in the process relative to which CIP projects will be moving forward. City Manager Kiff stated that he will be bringing a report back to Council on February 14 with a timeline or plan for 911 the2012 priorities. Regarding reserves, Council Member Henn noted that the Finance Committee reviews reserve levels every year to ensure they comply with Council Policy F -2. City Manager Kiff indicated that there may be a desire by Council to amend the policy that governs reserve levels. Council Member Henn noted that three of the five projects identified by the revitalization groups have been completed and the other two should be completed in 2012. He reported that the revitalization groups indicated that they might want to look at other items after the five items are completed, but expressed concern about resources. He stated that potential additional projects include Mariner's Mile and the consideration of adding the area between 22nd Street to Balboa Village to the landscaping design. Council Member Rosansky believed Volume 59 - Page 340 City of Newport Beach City Council Special Meeting Minutes January'23, 2012 that Old Newport Boulevard from Coast Highway to 15th Street should also be looked at by the revitalization group. In response to Council Member Henn's questions regarding next year's budget, City Manager Kiff stated that the City will continue the process of having a budget target and believed that the City can still accomplish the fiscal sustainability process by having a lower reduction target. He emphasized that the focus will be placed more on being efficient even if that includes sharing resources or outsourcing. Council Member Selich asked when Tidelands fees will be considered'.and believed that this effort needs more attention. He also recommended applying for the Department of Boating and Waterways Loans now' for the Marina Park project since it could take along time to receive the loan. City Manager Kiff stated that he considered this to be uind'er`h\e Tidelands Funding Plan, but is something that can be its own category. He added -that he 'expects something to come before Council on this in February. Council Member Daigle asked for the status of Kiff stated that the project has not been budget for grant money. Council Member Daigle sugge€ 'Council Member Hill divided the priorities into two c'E spending as the next step, and 2) prioritizing the next Council Member Curry stated that the CRyalso_ needs to and consider the revenue potential. He recommended loc revenues, the possibility of using reserves if needed; anc v - pointed out that it will cost about $8 milli n to complete needs to be made a priority for'the Citysince it drives the e Gulch projei:t. City Manager could possiblyl'pok at applying at the settlemerit.fund. m: 1) the need to determine capital of sites. the priority list as a whole :he Facilities Finance Plan, N line for the priorities. He ,trategic Plan and that this for the entire organization. -City Manager Kiff reported that the issue of prohibiting smoking in parks will be before Council tomorrow night, the chicken issue has not been calendared on an agenda yet, the fire ring issue will be going before the'Parks,'Beaches and Recreation Commission on February 7,'and that urban forest issue's and City, y Council Policy C T-1will go before Council later in 2012. Tom Billings believed that Mari - atPark should be a park even if there is no marina and that this'park should be moved to the ;top of the priority list. He thanked 'Council for moving £orward� with the Lido V li'age revitalization efforts and for the City's continued commitment relative tolgroup residential'uses. City Manager Kiff emphasized that the entire City Council has assist`ed'.in the efforts'to get the Marina Park project completed and reported that the project will be,going before/ e Coastal Commission in April or May. Council Member Selich also noted that thie project has been delayed because the State Lands Commission needed to agree on the new tidelands' line. Dennis. Baker asked for a discussion about signal synchronization and clarification about parking in West Corona del Mar. Mayor Gardner indicated that the Lido Marina Village and Balboa Village studies will give the foundation for City parking and help Corona del Mar's efforts. Public Works Director Badum provided the status of the signal synchronization program and the eight phases, noted that signal timing will initially be changed due to pedestrian use, and stated that City staff can monitor traffic flow from the traffic operation center at City Hall even during special events, change of season, etc. Dan Purcell discussed refuse services and suggested looking at the issue as a whole. He also suggested undergrounding the alleys to make the alleys more livable. He commented that there Volume 59 - Page 341 City of Newport Beach City Council Special Meeting Minutes January 23, 2012 6. are no women on the Planning Commission. Robert Hawkins noted that the Banning Ranch project was not included on the priority list, believed that Mariner's Mile should be the next study area for revitalization, requested clarification regarding reserves, and believed that the City should prioritize which shared services mill be conducted and that the City should not be a vendor to other entities. He also believed that City Council Policy G -1 should be reviewed the Parks, Beaches and Recreation Commission first. City Manager Kiff reported that Banning Ranch was not placed as a priority since it is an application that will be coming before the City Council. He pointed out that the City has 30 to 40 different types of reserve accounts, some of which are ±`General Fund reserves, but it depends on the funding source. He added that the annual budget includes a section relative to reserves and .confirmed that City Council .Policy G;1' will go before the Parks, Beaches and Recreation Commission before it is brought before,Council. Karen Jacobi requested clarification about the elim: Highway and MacArthur Boulevard, and expressed new City Hall from San Miguel. Mayor Gardner in in the commercial areas of Corona del Mar is residents. Regarding San Miguel, Public Worke;I)ii lane was added to improve traffic flow and indicate a minimum traffic impact to the area. He believe( with potential traffic issues. Tony Patios asked the City Council to bi might turn into a priority, such as the 1f He noted that the City will receive a lot F street parking along Pacific Coast about making an. entrance into the hat the biggest issue about parking mprove it witho' 6rapactina the :ctor'Badum reported that a =third left -turn list the new Civic Center will only create 'that the pedestrian bridge will also assist issues that.might' come before Council that zdge and the -end of the 55- Freeway issues. theinvestme`he's made into revitalizing the many areas. Jim Mosher noted thatt'he new; City Hall will bold a lot of staff members and believed that the City should make it'a. goal ta}not use as many outside consultants when staff is capable of handling the work. ,. Laura Curran requested th t d annual plane rig sessions be videotaped. She believed that a priority fnr the City should be.,to have safer- streets and increase the number of signalized crosswalks. She expressed appr6ciation to the City for its continued commitment in dealing with`integralfacilities. Council Member Daigle asked that the City have a discussion item that looks at Public Works' delivery system;, is internal resources, private sector resources, and the productivity of each of the resources to see if th rai are opportunities to optimize the project delivery system. City Manager Kiff stated, that hopefully at the February 14 City Council meeting, he will be bringing back a work plan and draft timeline that would also include the priorities that were added as "possibilities." He indicated that there are a lot of priorities and that a dialogue may need to take place about what needs to be taken off the priorities list. Mayor Gardner thanked everyone for attending and encouraged attendance at the February 14 City Council meeting. The meeting adjourned at 7:33 p.m. Volume 59 - Page 342 my'' "033SHVINUM9111111 City Council Minutes City Council Study Session January 24, 2012 — 4:00 p.m. I. ROLL CALL Present: Council Member Hill, Mayor Pro Tom Curry, Mayor ,Gardner, Council Member Selich, Council Member Henn Excused: Council Member Rosansky, Council Member Daigle. Council Member Daigle arrived at 4:11 p.m. Council Member Rosansky arrived at 4:51 p.m. II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Council questions regarding Item 3 (Revised City Council Policy E -1 - Public Records Act Policy), City Attorney;;, Harp' stated that he `is comfortable with the Public Records Act (PRA) training that staff received aid,-believed, that they have a good grasp of the concept. He clarified that all PRA` requ'est's-will go to the City Clerk's Office first, and requests ^with legal significance will be ssnt to the City Attorney's Office. In response to-Council Member Henn's`question regarding Item 12 (Corona del Mar (CdM) Coastline Classic Waiver of Parking Fees at CDM Parking Lot], Recreation and Senior Services Director Detweiler- stated that staff has not received a special events permit application—for the iVewport' Elementary,_: Car Show. Council Member Henn expressed oppositiori to having another car show'lieing held within a small timeframe with the Corona del Mar Car Show arid.' - requested that staff express his concerns. Council Member Selich agreed with Council Member Henn's concern. Regarding Item 7 (Selection of a Vendor to Evaluate City Refuse Services), Council Member Hill`expressed support for studying the refuse collection process; however, believed that the report yeas biasly written to set up for outsourcing. Assistant -City Manager Smith stated that the City; has an option to engage in managed competition and noted that staff will seek advice from a consultant on how to execute the proposal. Council Member Henn briefly discussed his experience with managed outsourcing proposals and expressed support for the process. 2. OC HUMAN RELATIONS COMMISSION'S ANNUAL REPORT. Ellen OShansky discussed human relation issues in Orange County, stated that positive steps are being taken to address challenges, noted that Orange County is proud to be a nationally recognized model, and presented a Certificate to Mayor Gardner. 3. CITY WATER QUALITY/WATER CONSERVATION PROGRAM OVERVIEW. RESIDENT SURVEY RESULTS AND SUMMARY OF 2011 ANNUAL WATER Volume 60 - Page 344 City of Newport Beach City Council Study Session January 24, 2012 QUALITY REPORT. Water Quality. Manager Kappeler presented a PowerPoint that included information on current water quality /water conservation issues, water use efficiency, survey highlights, dry - weather runoff, total maximum daily load (TMDL), trash, emerging issues, selenium, improved water quality testing methods, and regulations. In response to Council questions, Water Quality Manager Kappeler stated that the Cameo Shores drain can be diverted upstream to the sewer line. He added that the City received a cease and desist order in 2004 firom the State regarding ainage into the Areas of Special Biological Significance (ASBS) and reported that staff has been working with them on the Ocean Plan. He noted that one of the outstanding issues is that there are private drains that drain into the ASBS. 4. INTRODUCTION OF THE CAL FIRE. VERY -HIGH FIRE HAZARD SEVERITY ZONE (VHFHSZ) MAP. Mayor Pro Tern Curry recused himself and left the dais. Fie Marshal Gamble presented a PowerP,oint that included information about Government Code Section 51175, the 1993 Laguna fire,'defeiisible space, law changes, expansion of the fire hazard zone, maps, fire resistive building` materials, insurance rate changes, and the implementation timeline. In response to Council questions, Fii•eMarshal Gamble:,clarified that residents are required to have a defensible space of i00- feet - around all sides of their homes by removing flammable vegetation'He stated that a contractor.will be lured to decide if homeowners are in compliance and noted that the five -foot setback is-for-emergency access to homes. In response to Council,' Member Henn's' question, Fire Marshal Gamble stated that homeowners are-given notices to comply. City Attorney Harp added that the State will work with homeowners on modifications, which takes a significant amount of time. He also explained the appeal process, stating that'appeals will be heard by the Building and Fire Board of Appeals. In;- response to City Manager Kiffs question, Fire Marshal Gamble stated that all new construction or recginstruction requires hazard reduction standards and invited residents to look at the maps online at wwiv.gis.newportbeach.ca.gov /gispub /nbmap, City, Manager Kiff recommended that Council not take action on the item during the regular meeting tonight. Council Members Se,lich, Henn, and Hill believed that notices should be sent to impacted property owners.- In response to Council Member Henn's question, Fire Marshal Gamble stated that there are approximately 272 homes in the Buck Gully, Morning Canyon, and Big Canyon areas that are in the Hazard Reduction Zone. City Manager Kiff explained that existing homeowners already have an obligation to clear vegetation around their homes; however, the State is requiring additional obligations to clear vegetation around homes. City Manager Kiff stated that notifications can be sent to the 272 homeowners that will be impacted by the proposed changes and staff will communicate with the homeowner associations in the impacted areas prior to Council approving the map. Volume 60 - Page 345 City of Newport Beach City Council Study Session January 24, 2012 In response to Council Member Henn's question, Fire Marshal Gamble clarified that there are approximately 5,200 homes in the Very High Fire Hazard Severity Zone. Mayor Gardner directed staff to bring back a new staff report that addresses the Council's and residents' concerns. Kyle McLaughlin stated that the language is confusing and suggested that the item be referred to the Environmental Quality Affairs Committee (EQAC) or to the Planning Commission. Brion Jeannette suggested that the five -foot setback be revisited and urged Council to allow alternatives for homeowners. Jim Mosher stated that appeals are costly and briefly discussed vegetation maintenance outside the Fire Hazard Severity Zone. Robert Hawkins believed that the item should have been a noticed public hearing Shawn Burk expressed opposition to the map._ III. PUBLIC COMMENTS Jim Mosher expressed concern that Closed. Session items are riot heard by the public. Allan Trider expressed opposition to a bridge being added at the -new Civic Center, believing that a bridge is needed at Newport Coast Elementary School instead. IV. ADJOURNMENT - 5:50 p.m.' The agenda for the Study Session was posted on January 19, 2012, at 4:35 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 60 - Page 346 Y City Council Minutes City Council Regular Meeting January 24, 2012 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:50 p.m. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): One matter: 1. City of Newport Beach u Dennis Lee Holland, et. al. Orange County Superior Court Case No. 30-201100486864 B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City Manager; Terri Cassidy, Human Resources Director; and >,Richard Kreisler, Special Counsel and Negotiator Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management, Association, (LMA); Newport Beach Fire Management Association. (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association, (PMA); Police - Employees' Association (PEA); City Employees Association (NTBCEA); Newport Beach Professional & Technical Employees Association (hTBPTEA); Newport Beach Employees League (NBEL); and Newport Beach Part -Time Unit (UPEC, Local 777) C. PUBLIC EMPLOYEE PERFORMANCEEVALUATION (Government Code § 54957) Title: City Clerk III. RECESS, IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle VI. CLOSED SESSION REPORT City Attorney Harp announced that there are no reportable actions. VII. PLEDGE OF ALLEGIANCE - Council Member Henn VIII. INVOCATION -Mr. Frank Carpenter IX. PRESENTATION Newport Beach Restaurant Association - Peggy Fort reported that a new Board has been selected to Volume 60 - Page 347 City of Newport Beach City Council Minutes January 24, 2012 the Newport Beach Restaurant Association. She stated that they are working on the 2012 Newport Beach Dining Guide and focusing on internet marketing and social media campaigns. Further, the association is looking to partner with American Express to create a search engine optimization campaign and develop a workshop in conjunction with the Chamber of Commerce. She reported that the Sixth Annual Newport Beach Restaurant Week is currently taking place and invited the community to participate and dine in Newport Beach. X. NOTICE TO THE PUBLIC P'4A DISCUSSION ITEM) Mayor Gardner noted a full agenda this evening and reminded- the audience that, pursuant to City Council policy, no new item is generally introduced after 11:00 p.m. Mayor Pro Tem Curry reported that on February 3, 2012, Speak Up Newport will host the Annual Mayor's Dinner at the Newport Beach Marriott Hotel and encouraged the public to attend. Council Member Daigle commented on issues regarding the City's position on the 19th Street Bridge. She noted that members of the public have contacted her regarding whether the City will look at the issue and either affirm or modify its current position. She requested that the item be placed on a future agenda in the spirit of diplomacy. In addition, she reported that there have been numerous power outages in the City in the last two years and' asked,. City staff to meet with Southern California Edison (SCE) to obtain information regarding the outages. Council Member =Henn reported that outages occur at least every other month on the Peninsula. XI. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES,'AND RESOLUTIONS 1. MINUTES "OF THE REGULAR MEETING OF JANUARY 10, 2012. [100 -20121 Waive readingpf subject' minutes, approve as amended, and order filed. 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. C. ORDINANCE FOR INTRODUCTION 4. ORDINANCE 2012 -1: ADOPTION OF CAL FIRE VERY HIGH FIRE HAZARD SEVERITY ZONE MAP. [100 -20121 Continue to the February 14, 2012 City Council meeting. Mayor Pro'Tem Curry recused himself from this item. D. CONTRACTS AND AGREEMENTS 5. CENTRAL BALBOA PAVEMENT REHABILITATION - PHASE 1 - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4453. [381100 -20121 a) Accept the completed work and authorize the City Clerk to file of Notice of Completion; b) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in acceptance with applicable portions of the code; and c) release the Faithful Performance Bond one -year after Council acceptance. E. MISCELLANEOUS Volume 60 - Page 348 City of Newport Beach City Council Minutes January 24, 2012 8. PLANNING COMMISSION AGENDA FOR JANUARY 19, 2012. [100 -2012] Receive and file written report. 10. ACCEPT POINT OF DISPENSING (POD) GRANT FUNDS. [100 -2012] a) Accept the Point of Dispensing grant of $29,368.90; and b) approve Budget Amendment No. 12BA -023, allocated from unappropriated fund balance the amount of $29,368.90, which was received in fiscal year 2010 -11 and appropriating those funds into the Fire Department 2355 -8213 account. 11. AUTHORITY TO PROVIDE ECONOMIC DATA . -FOR NEIGHBORHOOD REVITALIZATION EFFORTS. [100 -2012] a) Adopt Resolution No. 2012 -6 authorizing the City Manager to enter into a contract; and b) adopt Resolution No. 2012 - 7 authorizing Keyser Marston Associate access to confidential taxpayer records. Motion by Council Member Curry, seconded by Council' Member Rosansky to approve the Consent Calendar, except for the items removed (3, 6, 7, 9 and 12); and noting-:the continuance of Item 4 and the recusal by Mayor Pro Tem Curry on Item 4. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky; Mayor Pro Tem Gardner, Mayon Henn, Council Member Selich, Council Member Curry, Council Member Daigle XII. ITEMS REMOVED FROM THE CONSENT_ CALENDAR 3. REVISED CITY COUNCIL POLICY,E -1 - PUBLIC RECORDS ACT POLICY. [100 -20121 Jim Mosher noted that the City Attorney and City Clerk have already provided training regarding the issue and expressed disappointment that the public did not discuss the issue. He believed that staff ,should not be allowed .to make policy. He referenced a Public Records Act (PRA) request he bad regarding airport issues and the response by the City Attorney's Office regarding keeping ,the confidentiality agreements confidential. He suggested providing requesters of with a list of,items and the reasons why they cannot be released as public records. He also recommended'placing a list of actiye,contracts and public records requests that have been responded to on the City's website, and suggested developing a mechanism for appeals. Motion by Mayor Pro Tem'Curry to adopt Resolution No. 2012 -5 adopting the revised City Council Policy E -1 - Public Records Act Policy. Robert-,Hawkins believed that most of the changes made to the PRA policy were caused by a change in the City Attorney's Office and objected to allowing the City Clerk, with the confirmation,`pf the City Attorney's Office, to amending the policy (Section N). City Attorney Harp offered toremovelhe language Substitute motion: by Uouncil Member Hosanskv, seconded by Mayor Pro Tem Curry to adopt Resolution No. 2012 -5 adopting the revised City Council Policy E -1 - Public Records Act Policy, as amended. The substitute motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 6. MEMORANDUM OF UNDERSTANDING TO ACCOMMODATE THE IRVINE COMPANY UNDER THE CITY EXCEPTION PROCESS TO THE CALIFORNIA OCEAN PLAN FOR DISCHARGES TO AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS) (C- Volume 60 - Page 349 City of Newport Beach City Council Minutes January 24, 2012 5046). [381100 -20121 Mayor Gardner asked about the benefits of approving this item, especially in light of its cost City Manager Kiff explained that the City has always understood its responsibility regarding ASBS and explained that there is no choice in the matter. Further, the proposal to share costs is the most effective way to comply with the State Water Board's regulations. Deputy Public Works Director Webb explained that the City has agreed to pay the $10,000 since it is already monitoring various drains. He clarified that the agreement can be cancelled at any time if The Irvine Company changes the terms or decides they will not do what the City is asking of them. Dan Miller, The Irvine Company, explained that the City, and homeowner associations benefited when they built and paid for the diversion program. He also referenced maintenance costs of $90,000 which they pay. He believed that all interested parties should -be in the same program in dealing with the State. Motion by Council Member Daiale, seconded by Council Member Henn to approve and execute the Memorandum of Understanding (MOU) with The Irvine Company (TIC) to include TIC under an exception to the California Ocean Plan for selected discharges into ASBS expected to be granted to the City by the State Board. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosanckv, Mayor-Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle SELECTION OF A VENDOR TO EVALUATE CITY REFUSE SERVICES (C- 5047). [381100 -20121 - In response to Council Member Daigle's questions, City Manager Kiff affirmed that the consultant will conduct a, complete, - analysis` of services and costs, as well as an analysis of benefits -to the City for modifying its current recycling program. Motion by Council Member. Henn, seconded by Mayor Pro Tern Curry to authorize a professional services agreement 'with HF &H Consultants, LLC, of Irvine to complete an analysis of the services performed by the City Refuse Division and to perform the requested tasks at a cost of $99,500. The motion carried by the following roll call vote Ayes: Council'Member,Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 9. UNSCHEDULED VACANCIES ON THE HARBOR COMMISSION AND PLANNING COMMISSION. [100 -20121 Jim Mosher took issue with the posting of the vacancy notice. He suggested having Council give the City Clerk direction relative to whether the appointment is for four - months or four - years. He noted that the ad hoc appointments committee does not meet publicly so tonight is opportunity for the public to speak before it conducts appointments on February 28. He believed that the Planning Commission is lacking in a few areas and that consideration should be given to correcting those imbalances. Motion by Council Member Hill, seconded by Council Member Henn to a) confirm Mayor Volume 60 - Page 350 City of Newport Beach City Council Minutes January 24, 2012 Gardner's appointment of Mayor Nancy Gardner, Council Member Ed Selich, and Council Member Rush Hill to serve on the Ad -Hoc Appointments Committee; and b) direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications for either commission be submitted by 4:00 p.m. on Wednesday, February 8, 2012, and schedule the submission of nominations to the City Council on February 28, 2012 with the final appointment to be made on March 13, 2012. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 12. CORONA DEL MAR (CDM) COASTLINE CAR CLASSIC:. WAIVER OF PARKING FEES @ CDM PARKING LOT. [100 -2012] Council Member Rosansky stated that he supports the Coastline Car Classic, but asked why the event has never gone through the special events process. City Manager .Kiff reported that there has been discussion as to whether or not the using parking spaces should; go before the special events process. He indicated that this can occur for -2012 but this specific'• Cem applies to the 2011 period. In response to Council Member Rosansky's questions, City Manager Kiff reported that the Corona del Mar Coastline Car Clasaic will be charged approximately $$800. Council Member Rosansky requested changing the method of determining, fees in the future and stated that, in the future, they should follow the same;,,process as for other special events. Motion by Council Member Rosanskv, secondb&hv Mayor Pro Tem Curry to approve the waiver of approximately •.$,7,500, as the event is held in -September, after our peak summer season. Jim Mosher expressed opposition to the City', contributing to events such as this and referenced policies disallowing such events. He believed that this would be an inappropriate use of tax dollars. Bernie S'valstad, Corona del Mar Chamber of Commerce, noted the City is not losing money on the car show and listed examples of previous City revenues that are connected with the event. The :motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle XIII. PUBLIC COMMENTS Jim Mosher expressed concern about how the Newport Beach Restaurant Week is being financed. Gordy Grundy, President of the Newport Beach Historical Society, spoke in support of hang - gliding and announced that Newport Beach was the birthplace of hang - gliding. Frank Colver referenced a copy of National Geographic which memorialized the first hang - gliding event and displayed pictures of the event. He requested that the City place a plaque at San Miguel Park to memorialize the event. City Manager Kiff stated that the item can be referred to the Parks, Beaches, and Recreation Commission for appropriate action. Peggy Fort, Newport Beach Restaurant Association, clarified that the association funds a portion of Restaurant Week through assessments and listed other sources of funds. Volume 60 - Page 351 City of Newport Beach City Council Minutes January 24, 2012 Jim Walker, Newport Beach Restaurant Association, reported that Restaurant Week has taken place for the past six years and has grown each year. He noted that the restaurant industry in Newport Beach ranks first or second in City tax revenues. He added that the increase in sales taxes obtained during Restaurant Week will offset the taxes or donations supplied by the City. He stated that all restaurants are invited to participate in the event, but not all choose to do so. Bob Kuczewski, former Regional Director of the U.S. Hang - Gliding and Para- Gliding Association and President of the U.S. Hawks Hang - Gliding Association, spoke in support of Mr. Grundy and Mr. Colver's request. XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Henn reported that the Neighborhood Revitalization Committee met on January 12 and received an update about the Balboa Village Citizens' Advisoiy Panel (CAP): He further discussed the Corona del Mar Design Review CAP, including details of the proposed changes to the intersection at MacArthur Boulevard and Coast Highway. Additionally, he reported that the Balboa Village CAP met on January 17 and reviewed Code Enforcement policy,an3 activity in the Balboa Village. He referenced a presentation by one of the panel members who recently visited Levinworth, Washington, which has undergone a renaissance and conversion into a Bavarian Village atmosphere and it was,felt to be a good example for changing the vision at Balboa Village. He'reported that the next meeting of the Balboa Village CAP will be held on February 21 at 4:00 p.m. at the ExplorOcean Nautical Museum where there will be an item dealing with the governance of parking in the Village and economic development review for the area. Council Adember Henn also reported that the Tidelands Committee met on January 18 where an update was presented on the Lower Bay' dredging project:. He indicated that the committee started discussing the 10 -year Harbor Master Plan. - XV. PUBLIC HEARINGS 13. APPEAL - LOT MERGER NO. LM2011 -002 - 2808 AND 2812 OCEAN BOULEVARD (PA2011 -141). [120 - 2012]' Coralee .Newmanm,Government Solutions, Inc. and representative for the applicant, addressed redesigns and requested that the appeal be continued and sent back to the Planning Commission so, that design restrictions could be placed on the project and then considered by Council. titV Attorney Harp inquired whether the client would be willing to waive the time limit under Title 19.. as well as the Subdivision Map Act. Ms. Newman confirmed. City Manager Kiff noted that there will be an opportunity to make public comments at the Planning Commission level. Community Development Director Brandt reported that staff is not prepared to announce which Planning Commission meeting date this item will be reconsidered, but the item would be noticed at the Planning Commission level as a public meeting. Mayor Gardner opened the public hearing. Robert Hawkins stated the issue is the merger of two lots and asked whether design conditions can be placed on the subdivision map that will alleviate the view problem. City Attorney Harp reported that if the applicant wants to voluntarily put deed restrictions on their property that would limit the size and mass, then that would be acceptable and will be what the Planning Commission would be considering. Volume 60 - Page 352 City of Newport Beach City Council Minutes January 24, 2012 Discussion ensued relative to the Planning Commission's broad consideration of the item. Jim Mosher believed that the item needs clarification and suggested continuing the item for proper consideration of what is being requested. Jeff DuFine wondered what deed restriction could be placed on a house that would change the lot size. He believed that this is not about the house but rather the lot merger. Melinda Luthin, representing many of the residents of Block 34, noted that the item must not be detrimental to residents and must be consistent with the legislative intent- of Title 19, the General Plan, and the Local Coastal Plan. She stated that the lots should be consistent with the surrounding areas and not create an excessively large lot. Clifford Jones spoke in opposition to the lot merger and;; expressed, concerns with the delays in the process. Dan Purcell reported that both properties have- started .to deteriorate and wanted assurances that the property owner will continue to maintain the properties. Hearing no further testimony, Mayor Gardner closed the public hearing. Council Member Henn requested that the item be expedited as much as possible. Motion by Council Member Henn: seconded by Mayor Pro Tern Curry to continue this item for the purpose of referring the matter to the Planning Commission and requesting that the Planning Commission provide a recommendation t6 he City Council on the approval or denial of the merger application based on the proposed design restrictions. The motion carried by the following roll call mote Ayes: Council Member Hill; Council Member: Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member•Selich; .Council Member Henn, Council Member Daigle 14. NEWPORT BEACH COUNTRY CLUB_(PA2005 -140) - GOLF REALTY FUND - 1600 AND 1602 'EAST COAST HIGHWAY - PROPOSAL FOR REDEVELOPMENT OF THE EXISTING PRIVATE'GOLF,COURSE CLUBHOUSE AND TENNIS CLUB. [100 -20121 Community Development Director Brandt provided general comments for Public Hearing Items 14 and 15.related to the Newport Beach Country Club (NBCC). She addressed its location, boundaries, and specific, areas to be considered, including the golf course and tennis club. She noted that the"NBCC is located in a unique statistical area with very specific land use and vehicle trip allocations'to its various sub - areas. Additionally, she stated that there are specific policies that allow transfers of development allocations between the sub - areas. She addressed General Plan considerations, displayed the General Plan Land Use Map, project site, the overlap between the two applications; and provided project summary comparisons, entitlements needed, and the actions required of Council. She discussed the need for approval of a Mitigated Negative Declaration (MND) for both applications, approval of a General Plan Amendment for the Newport Beach Country Club Inc. proposal, adoption of a Planned Development Community Plan for both applications, and the site development plan components. Community Development Director Brandt emphasized that Items 14 and 15 are two separate applications that, although related, are independent of one another. She reported that staff believes that both applications cannot be approved as submitted because of the overlap to the 133 -acre golf club component. She added that the Planning Commission recommended that Council adopt a series of actions that include environmental clearance and appropriate Volume 60 - Page 353 City of Newport Beach City Council Minutes January 24, 2012 . legislative standards to set the framework to consider the site development plans for both applications. She noted that the Planning Commission also recommended adoption of the site development plan for the tennis club component since there was only one proposal. Additionally, she reported that the Planning Commission reviewed both site development plans for the golf club component and recommended only one of the plans. Principal Planner Campbell provided a PowerPoint presentation to address the necessary approvals, allowed uses, and details of the applicants requests. He addressed the Golf Realty Fund site plan, new parking lot area, new clubhouse, tennis club site, the five single - family residential units (villas), tennis courts, the new stadium court, hotel units (bungalows), and compliance with the California Environmental Quality Act (CEQA,). He stated that there were no significant impacts, but included mitigating measures. Mayor Gardner expressed disappointment with the,-errors in • the MNDs, and with the recreational and traffic impacts. Principal Planner Campbell reported that the analysis is based on the number of tennis courts, addressed the formulas used by traffiqengineers and schedules for playing tennis. He.further addressed the development transfer request; recommendations of the Planning Commission, and details of the development agreement. He reported that there are changes to the development agreement regarding the public benefit fees. Discussion ensued regarding whether the clubhouse design has the consent of the Country Club members; and the peak traffic activity and analysis, and current underutilization of the facility. Regarding property ownership, City Attorngy Harp noted -,that not all owners need to sign the development agreements; however, he recommended_ continuing the item to have all entities sign it before the item returns to Council. Principal Planner Campbell discussed the recommendations and referenced two exhibits that should be attached to the Planned Community Development Plan. Mayor Gardner invited the applicant to address the City Council. Robert OHilt, applicant; utilized a- PowerPoint presentation to provide a brief history, background of the property; and the Master-Plan. He also displayed the proposed bungalows and discussed the community outreach, rezoning of the' property, previous General Plan Amendments, evolution of the plan, frontage roads, and termination of the easement. He discussed the number of parking stalls, landscape buffers, the parking lot design, hazards related to the frontage road, improvements along Coast Highway, and Coastal Commission concerns relative to preserving views. He addressed the existing tennis court fencing, visitor serving uses, stadium tennis court, clubhouse and meeting center. He displayed the bungalow amenities, architectural style, site: plan, and bungalow floor plans. He expressed the opinion that this is a planned community and believed that both sites had balanced grading. He addressed cart - storage areas, aesthetic enhancements, banquet facilities, senior classic tournament staging, plan comparisons, elevations, and grading. He reported that some of the co- owners have different plans but pointed out that he is the managing owner. Mr. OHill affirmed that he has read and agrees with all Conditions of Approval. Motion by Council Member Rosansky, seconded by Mayor Pro Tom Curry to table Item 14 in order to hear and discuss Item 15. The motion carried by the following roll call vote Volume 60 - Page 354 City of Newport Beach City Council Minutes January 24, 2012 Ayes: Council Member Hill, Council Member Rosansky, Mayor Piro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle City Attorney Harp reported that he received a legal memorandum from Latham and Watkins regarding the conversion analysis and noted that copies were made available for public review. 15. NEWPORT BEACH COUNTRY CLUB (PA2008 -152) - NEWPORT BEACH COUNTRY CLUB, INC. - 1600 EAST COAST HIGHWAY - PROPOSAL TO REDEVELOP AND EXPAND THE EXISTING EXISTING GOLF CLUBHOUSE TO 56,000 SQUARE FEET, ASSOCIATED PARKING LOT, AND RECONSTRUCT THE _ENTRY DRIVE AT EAST COAST HIGHWAY. [100- 20121 Principal Planner Campbell provided a PowerPoint presentation to discuss legislative actions and the application. He reviewed the site plan, parking lot, access, new greens keeper facility, secondary access for the project site, existence of an",access easement, recommendations for approval of the site development plan by the Planning Commission,, changes agreed to by the applicant, compliance with the California Environmental Quality Act (CE QA), areas of focus, and mitigation of possible impacts. Mayor Gardner expressed concern with the underground cart storage building as it relates to water quality, excessive parking, a larger banquet facility, the need for additional meeting space, and the possibility of increased public events. She believed that the bigger banquet facility will have a bigger impact than what is suggested in the report. Principal Planner Campbell noted that it will not have a significant impact on the environment and the City is trying to avoid regulating the types of events occurring_ in 'the new banquet:: facility. He addressed the basis for determining trip generation rates. He`discussed4he development agreement and public benefit fees related to the clubhouse, and reported on ilia' amendment recommended for the public benefit fees. Mayor Gardner invited the applicant to address the City Council David Wooten, CEO of the Newport Beach Qountry Club Inc. (NBCC), requested approval to build a new clubhouse for the :country club and introduced various interested parties. He expressed appreciation to staff and requested that Council act upon the recommendation of the Planning Commission to approve the project. Shawna Schaffner, CAA Planning, spoke on behalf of NBCC Inc. and presented a brief background and history of the project, need for modernization of the clubhouse, and the new fitness'tacility. She addressed significant changes to the plan, as well as the site plan, features of the plan,. additional landscaping, an entry gate, setbacks, number of parking stalls, entries into the golf . clubhouse; delivery access, service yard, one -way access road, removal of planters, the business model and the banquet facility with expectation of a slight increase in demand. She addressed the number of events and tournaments they anticipate, proposed increase in usage of the banquet facility': "She discussed technical components, including the landscaping of the entire perimeter of the parking lot and along Coast Highway, grading, and the reduction of heavy truck traffic associated with the import of fill material, building height, traffic and circulation analyses, and parking lot orientation and elevation. She stated that all conditions have been reviewed and accepted. Motion by Council Member Selich, seconded by Mayor Pro Tern Curry to to table Item 15 in order to discuss and consider Item 14. Mayor Gardner opened the public hearing. Michelle Freeman, NBCC member, stated that she is a member of Friends for Good Planning, Volume 60 - Page 355 City of Newport Beach City Council Minutes January 24, 2012 and expressed concern that the IBC plan (Item 15) is not cohesive or comprehensive for a Planned Community District. She questioned the need for and opposed . the additional 21,000 square foot requested for the Country Club. She requested that Council approve the OHill plan (Item 14). Due to the complicated nature of Public Hearing Items 14 and 15, it was the concensus of Council to allow public comments on both Items 14 and 15. Tim Paone, counsel for Golf Realty Fund, and Shawna Schaffner, expressed agreement with combining public comments for Items 14 and 15. City Attorney Harp, noted that public comments will occur on both items but there will be separate actions taken upon the closure of the public hearings. Paul Christ expressed support for the IBC plan (Item 10 since.it, relocates the wedding lawn which caused a great deal of noise due to outside music: Regarding, the tennis club, he felt that seven tennis courts will not accommodate the demand and felt it would be a loss to the community. Lloyd Ikerd opposed removal of the landscaping along Coast Highway. He 'expressed concerns with increased traffic connected with the special, events and with the use of noisy generators. He believed that electricity should be provided for the parking lot so that generators are not needed and suggested requiring additional. parking. He also recommended erecting a soundwall on Coast Highway. He indicated that the residents of Irvine'Terrace do not support either project. He added that the City should not be involved with resolving differences between the two applicants and expressed concerns regarding ownership of the properties and increases in the number of events. Daniel Brunton, Latham- "and Watkins and representing Host Hotels and Resorts, expressed support for the Golf Realty Fund project. Tom Ferry spoke in support of saving tennis courts in Newport Beach, listed current tennis- related activities in the City, and reported that playing tennis is on the rise.. He opposed the loss of tennis courts, addressed negative impacts by the loss of these courts, and presented recommended solutions. ` Douglas Carstens, attorney for Friends for Good Planning, expressed support for Item 14. He stated that the plan should be comprehensive; expressed concern with the large banquet facility; and believed that this issue should require voter approval and that it would violate the Coastal Commission requirements. He expressed concern regarding the circulation and felt that Item 15 should be denied because a larger clubhouse would generate additional traffic. Chris Rodriguez'stated. that NBCC is for sale, believed that both plans should be approved, and indicated that the existing frontage road is dangerous. Mary Stapleton expressed concerns related to additional traffic, lack of parking, and excess debris associated with special events. She suggested placing the clubhouse on Santa Barbara, Dean Dubany expressed support for Item 15 and agreed that parking is a problem in his neighborhood in connection with special events. Kevin Muldoon, representing some of the founding members of NBCC, discussed why he supports Item 14. He agreed that a larger clubhouse for public use would significantly increase traffic and noted that the founding members have the right of first refusal. Bart Thompson expressed support for a new, bigger clubhouse recommended in Item 15 Volume 60 - Page 356 City of Newport Beach City Council Minutes January 24, 2012 Michael Stephens spoke in support of Item 15 and reported that there are a number of entities who would like input as to how the project should be planned. He spoke in support of the Toshiba Tournament. Ira Garber, Tournament Chair for the Toshiba Classic, spoke in support of Item 15 and stated. that the NBCC Inc. continues to be a good partner. Gary Jones, Vice President of Marketing for Armstrong Garden Centers, requested that Council approve the Planning Commission's recommendations and approve Item 15 for safety reasons and to ensure the continued success of the garden center. He believed that the elimination of the frontage road would cause significant safety issues for their customers. Ian Hydoski, Vice President of Operations for Armstrong Garden Centers, addressed safety issues related to the elimination of the frontage road., Ken Stewart, owner and operator of Palisades• Tennis- Club, provided •insight regarding the industry, indicated that he has no financial interest in the projects, and spoke to the growth of the sport. He addressed impacts of losing tenriis courts and indicated scheduling is a function of management. He believed that there will never 'be more than 28 people entering /exiting the seven tennis courts, indicated that there will be no negative impacts on traffic, and addressed the capacity for the stadium court. Mike Recupero, representing half of the ownership of the teirnis club and golf course properties, stated that the applications were filed without the'eonsent of *his. clients and referenced an email which provides the ownership structure for both properties. He listed actions taken by the Planning Commission and- discussed clients'.request to siop until the development agreement issues can be worked, out among the owners: He believed that approval of the Golf Realty Fund plan would be a mistake and that the item.should be continued until after the arbitration of the matter, which is set for April 2, 2012, or that it be continued until the owners can return to the City with a development aIgre_e_ment that is acceptable to all owners. He asked that if Council approves the. ;Golf Realty Fund-plan, , thav the development agreement require all owner signatures. He- referenced an earlier statement indicating that his clients were applying for twenty residential 'units on the tennis club property, but indicated that there is no such application. Regarding, Item 15,,he presented a graphic of the way the frontage road and entry are going to look. He indicated that his clients are supportive of the plan under Item 15. He also reported that Mr. OHill is not the general partner with authorization to enter into the agreement. In response to Council Member Henn's inquiry, Mr. Recupero reported that his clients have not been shown specifics of the Item 14 plan and, therefore, the owners of the property are opposed to the project. Discussion ensued regarding the timing for the final decision on the arbitration and the number of days scheduled for arbitration. In response to Council Member Selich's inquiry regarding abandonment of the access easement, Mr. Recupero stated that the easement still exists. He noted that the City should not be involved in trying to interpret which issues and titles are appropriate or not. He believed that good planning demands the existence of the frontage road. City Attorney Harp explained that State law requires that someone with an interest in the property execute a development agreement; however, it does not require all owners to execute it. He believed that it makes sense to have all the ownership parties execute a development Volume 60 - Page 357 City of Newport Beach City Council Minutes January 24, 2012 agreement and then Council can proceed if it so chooses. He indicated that a continuance may be warranted. He reported that, if arbitration finds that Mr. OHill did not have authority to enter into the development agreement, the item will become void. He noted that the key document is the development agreement. Discussion ensued regarding the Planned Community Text. City Attorney Harp noted that as it exists, the Planned Community Text could be approved for both proposals. In response to Council Member Daigle's questions regarding the City's liability if arbitration finds that Mr. OHM did not have the right to enter into the development agreement, Assistant City Attorney Mulvihill reported that the application was processed under the previous code where there was no requirement for all of the owners' signatures. She noted that in most instances, development agreements call for certain improvements and run with the land. In this instance, the development agreements do not require; any obligation from the owners or the people that sign the development agreement, but simply gives them an opportunity to entitle and vest those rights. She addressed potential conflicts and stated that they are all in charge as to how they want to pursue the actual entitlements being considered. She noted that language has been included in the development agreement that ;whoever signs the agreement, has the authorization to do so and that they believe -they do so. City Attorney Hasp added that nothing prevents Council from also approving Item 15.' Tim Paone suggested that Council create flexibility and stated that they would like to see only the proposal under Item 14 adopted. However, if Council decides to adopt the proposal under Item 15, requested that Council also'approye,the proposal finder Item 14. He reported that Mr. OHill is the managing co -owner and, is in charge. He addressed how the outcome of the arbitration effects the development agreements and.reiterated'that if it is found that Mr. OHill is determined to have no authority, the development agreement Would be void. Council Member Selich requested information regarding the legality of approving two plans for the same property at the same time. City Attorney Harp stated that the Planning Commission recommendations would be acceptable and addressed the process involved. If Council were to approve two different site ;plans, there would be a .conflict between the two development agreements. Community Development Director Brandt reported that when alternative site plans are being considered from a land,use perspective, it is normally done at a specific plan level and sometimes at- a`General Plan level. She indicated that there will be a subsequent review process that will establish the approved development plan that sets forth the standard for going forward and preparing construction drawings. The site development plan is the last discretionary approval that an applicant needs'to secure from the City prior to obtaining building permits. She added that if there" -are two approved development plans, both are able to enter into the process of engineering their constructions plans and asking to be reviewed for plan check; however, making a distinction would be difficult if there are two approved development plans. She added that there are methods that could be used to provide more certainty to Golf Realty Fund through the Planned Community Text where specific language could be added to the zoning text to specify the types of modifications to the site plan that could occur at the administrative level. She noted that if Council is interested in that, staff could provide suggested language. Tim Paone stated that their intent is to allow someone to come in and have a choice without eliminating the possibility of developing a smaller club. He reported that they would be willing to have language in the development agreement that indicates that the property is not their property because that right goes with the tenant. He pointed out that the tenant will have a long term lease, but it is uncertain about who the tenant will be and what they want. City Attorney Harp indicated that Mr. Paone's proposal is not necessary and that the language Volume 60 - Page 358 City of Newport Beach City Council Minutes January 24, 2012 change to the Planned Community Text that Community Development Director Brandt discussed would resolve the issue. Council Member Henn stated that he agrees with going forward to giving discretionary approval based upon something that is substantially similar, in the event that primary approval does not go forward. He disagreed with giving vested rights to two applicants for the same property. Robert OHill explained his rights under the ownership agreement and reiterated that he is the managing owner. He indicated that he supports approving both plans. He hoped that the future owner will not engage in litigation with landlords and can hopefully get a plan that will make sense for everyone. Shawna Schaffner stated that they are anxious to redevelop the NBCC site and urged approval of the Planned Community text as recommended by staff -as it exis.$s, today. Hearing no further testimony, Mayor Gardner closed the public hearings. Council Member Selich addressed mediation with the two parties involved without success; and encouraged both parties to reach an agreement. Council Members Daigle and Hill indicated -, support of the Planning Commission's recommendations. Mayor Pro Tern Curry commented on "the need for a new clubhouse. He agreed with the recommendations of the Planning Commission and. believed that Council should not have been placed in this position. Discussion followed regarding the importance of the frontage road and Council Member Hill indicated that he would not be in favor of the current amended language. Community Development Director Brandt reviewed the recommended changes to the Planned Community Text for Item 14', noting that it would provide more specificity as to what types of amendments could be approved at the. administrative level. She reported that the recommended text changes are. .(a) the administrative level review could include a minor relocation of any proposed structure; (b),deletion,of the frontage road that is proposed to provide egress from the parking area of 1500 East Coast Highway to the signal lights intersection of Irvine Terrace and East Coast Highway provided that a minimum landscape setback of eighteen feet is provided; (c) reduction in the square footage of any structure and a commensurate reduction in the required parking, if applicable; (d) reconfiguration of the golf course parking lot including drive aisle's and /or parking spaces subject to review of the City Traffic Engineer; (e) reconfiguration of parking lot landscaping; (f) modification of the approved architectural style; (g) any other minor change to the site,plan provided it does not include in increase in structure area, height, number of units, number of'- hotels and /or change of use; and (h) any proposed changes that are not deemed minor shall be subject to review and approval by the Planning Commission. Mayor Gardner re- opened the public hearing to allow the applicants to comment on the amendment. Shawna Schaffner indicated that they accept the language, but requested that the deletion of the frontage road be removed. Tim Paone noted that the removal of the frontage road would have to go back to the Planning Commission since it would not be a minor change. Hearing no further testimony from the applicants, Mayor Gardner closed the public Volume 60 - Page 359 City of Newport Beach City Council Minutes January 24, 2012 hearings. It was the consensus of Council to approve the language, except for the deletion of the frontage road (Section 4.8.1.b). Principal Planner Campbell reported that there are two items that would need to be added to the motion: (1) inclusion of the two exhibits distributed earlier regarding the Planning Community Text and (2) the additional language read into the record for the development agreement. Motion by Council Member Selich, seconded by Council Member Daigle to (Item 14) a) adopt Resolution No. 2012.9, approving Mitigated Negative Declaration No. ND2010 -008; b) introduce Ordinance No. 2012 -2, approving Planned Community Development Plan No. PC2005- 002 as recommended by Planning commission for the entire 140 -acre project site, and pass to second reading for adoption on February 14, 2012, and.ad'ding'The two exhibits to the Planned Community Development Plan; c) adopt Resolution_No. 2012.10, approving a conversion of 17 tennis courts to 27 hotel rooms, Site Development Review No. SD2011 -002, Limited Term Permit No. XP2011 -004, and Vesting Tentative Tract Map No. NT2005 -003 for the improvements to the 7 -acre Tennis Club portion of the project site - including the construction of- five (5) single -unit residential dwellings and 27 hotel rooms, reserving for future consideration'the identification of improvements to the 133 -acre Golf Club portion of the project site, and deriving Transfer of Development Rights No. TD2010 -003; and d)` introduce amended Ordinance No. 20.12 -3, approving Development Agreement No. DA2008- 061,and adding additional language pertaining to public benefit fees, and pass to second reading for adoption on February 14, 2012. The motion carried by the following roll caltvote;- Ayes: Council Member Hill, Council Member Rosansky; Mayor 'Pro Tem Curry, Council Member Sehch, Council Member Henn, Council Member Daigle„ Noes: Mayor Gardner' Motion by Council Member Selich, seconded by Council Member Daigle to (Item 15) a) adopt Resolution'No. 2012 -11, approving Mitigated Negative Declaration No. ND2010 -010; b) adopt Resolution No. 2012,12,,approving General Plan Amendment No. GP2008 -005 to increase the maximum development limit for the golf clubhouse by 21,000 square feet, from 35,000 to 56,000' gross square- feet;` c)',introduce Ordinance No. 2012 -4, approving Planned Community Development Plan Amendment No. PC2008 -001 to increase the size of the golf clubhouse from 35,000 to 56,000 gross square feet and pass to second reading for adoption on February 14, 2012, and- adding the two exhibits to thePlanned Community Development Plan; d) adopt Resolution No. 2012 -13, approving Site Development Review No. SD2011 -003 and Limited Term Permit No. XP2011 =005 to allow the construction of golf clubhouse, associated parking lot, and maintenance facility; and,e) introduce.' amended Ordinance No. 2011 -5 approving Development Agreement No. DA2010 -005 and adding the language read by Community Development Director Brandt to the Planned Community'Development Plan, but omitting Section 4.8.1(b) regarding the frontage road and adding additional language pertaining to public benefit fees, and pass to second reading for adoption on February 14, 2012. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Council Member Selich, Council Member Henn, Council Member Daigle Noes: Mayor Gardner Council Member Henn referenced issues raised regarding increased noise and traffic at Irvine Terrace related to special events. He suggested that staff consider those issues in the special event process in the future. Staff . noted those concerns will be addressed in the special events Volume 60 - Page 360 City of Newport Beach City Council Minutes January 24, 2012 process. Mayor Gardner noted that there are still three agenda items to discuss. It was the consensus of Council to continue Items 16 and 17, but-make the appointment to the Special Events Advisory Committee (Item 18). XVI. CURRENT BUSINESS 16. CONSIDERATION TO FURTHER PURSUE STREET RELINQUISHMENT OF PORTIONS OF NEWPORT BOULEVARD AND /OR WEST COAST HIGHWAY FROM THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION. 1100 -20121 Council Members Hill and Rosansky recused themselves and left the dais. Motion by Council Member Selich. seconded by Council Member Daigle to continue the item to the February 14, 2012 City Council meeting - The motion carried by the following roll call vote: Ayes: Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council. Member Henn, Council Member Daigle 17. FIRST READING - CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RULES AND REGULATIONS FOR PARKS, PARK FACILITIES AND BEACHES AND REPEALING SECTION 11.08.080 PERTAINING, TO' ^SMOKING ON ;CITY BEACHES, MUNICIPAL PIERS, PUBLIC FLOATS AND PUBLIC WHARVES. [100 -20121 r, Motion by Council Member Selich, seconded by Council Member Daigle to continue the item to the February 14, 2012 City Council' meeting. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member R_osansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 18. APPOINTMENT TO FILL THE UNSCHEDULED VACANCY ON THE SPECIAL EVENTS ADVISORY COMMITTEE. [100 -20121 Motion by Council Member Hill, seconded by Mayor Pro Tem Curry to conduct the appointment pursuant to Council Policy A -2, with the person receiving support from the majority of the Council chosen as the City's representative on the Special Events Advisory Committee (SEAC). The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Jim Mosher-stated that he is unclear about how long the appointments are. City Attorney Harp reported that the term is for four years. City Clerk Brown provided the City Council with paper ballots and announced the votes as follows: Paul Blank - Hill, Rosansky, Curry, Selich, Henn, Daigle, and Mayor Gardner Volume 60 - Page 361 City of Newport Beach City Council Minutes January 24, 2012 XVII. MOTION FOR RECONSIDERATION -None XVIII. ADJOURNMENT - 11:36 p.m. The agenda for the Regular Meeting was posted on January 19, 2012, at 4:35 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary _ a Mayor' Volume 60 - Page 362