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HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach City Council Minutes February 28, 2012 1i. rn.r a 1N'1A'1'1V1V Agenda Item #1 March 13, 2012 Presentation of Plaques to former Planning. Commissioners Charles Unsworth and Robert Hawkins, and Harbor Commissioner Vincent Valdes - Mayor Gardner acknowledged former Planning Commissioners Charles Unsworth and Robert Hawkins and Harbor Commissioner Vincent Valdes who were presented with plaques in appreciation for their services to the City. Mr. Unsworth expressed his appreciation for the opportunity to serve. Mayor Gardner welcomed Boy Scout Troop 741 who is in attendance qualifying merit badge. for the u? "citizenship XI. NOTICE TO THE PUBLIC XII. Council Member Daigle announced that the Annual Police Appreciation Breakfast will be held on March 15, 2012 at the Hyatt Hotel, noted that statistics show that the City's Police response time is 2%z. minutes, and reported that three Police Patrol Officers were added in 2011. Council Member Henn directed staff to provide Council with a report describing the proposed program for signage and enforcement related to the non- smoking ordinance in commercial areas and on the Peninsula, announced that there will be ,no Neighborhood Revitalization meeting in the month of March, added that he disposed a big bag of electronic waste to the a -waste disposal site at the Corporate Yard, and reported that the participated in a post -audit review that closed the annual audit of the City's 2011 Annual Financial Report. He reported that he attended the swearing in ceremony for the new Fire Chief, Scott., Poster, on February 21, 2012, attended the Civic Center Topping Out Ceremony on February 22. 2012, attended the California Marine Affairs Navigation Conference, and attended the Concordia Center for Public Policy panel discussion on pension costs. In response to Council Member Hill's question, Public Works Director Badum presented a brief update on the improvements to Irvine Avenue at Newport Harbor High School. He stated that the drop -off zones will be moved from the crosswalk area to provide better visibility and a flashing beacon will be installed adjacent to the crosswalk signs with push buttons to improve pedestrian safety. He reported that Council Member Hill coordinated a community meeting to obtain residents concerns. He listed issues that were brought up and assured Council that staff will address concerns, conduct further meetings, develop solutions, and bring back a report. Council Member Hill thanked staff for continuing their efforts regarding the matter. Mayor Pro Tem Curry reported that he attended the opening of the Richard Diebenkorn exhibit at the Orange County Museum of Art and encouraged the public to visit. Council Member Henn referenced the Quarterly Business, commended staff for their hard work, and encouraged residents to review it. Mayor Gardner stated that there is a current problem with ravens and raccoon�cavenging % hrough trash in Corona del Mar, reported that the City is performing a review of the City s tF51i disposal service with a consultant, and directed staff to include ideas on service improvements as part of the study. She also directed staff to provide a Study Session report for Council's review of the Volume 60 - Page 381 City of Newport Beach City Council Minutes February 28, 2012 presentation on charter boat activities in Newport Harbor, and discussed re- orienting the Tidelands Infrastructure Management Master Plan with a ten ,year plan focusing on the capital improvement projects associated with the plan. He also reported that the Neighborhood Revitalization Committee discussed reviewing the Corona del Mar entry plan, and stated that the Ad Hoc Committee on Harbor Charges met on February 23rd with a group of the largest commercial marina operators in Newport Harbor to discuss the Committee's view on reorganization of harbor fees for use of the tidelands by the marina operators. Mayor Pro Tem Curry reported that the Innovations in Government Committee formed by the Association of California Cities, Orange County, recently held its first meeting and stated that they will be responsible for researching what Cities inOrange County and Southern California are doing to innovate, reduce costs, and make government more efficient. XVII. PUBLIC HEARINGS 18. ANNUAL REVIEW OF THE PACIFIC VIEW DEVELOPMENT AGREEMENT (PA2009- 024) (C- 3058). f381100 -20121 Community Development Director Brandt introduced the item and stated that the annual reviews are required by the Municipal Code which ensures compliance of the various conditions set forth in the agreements. . Assistant Planner Nueno provided a PowerPoint presentation addressing location, completion of the last review in 2011, and actions by Council. She reported there has been no new construction since the last review. Hearing no testimony, Mayor Gardner closed the public hearing. Motion by Mayor Pro Tem Curry seconded by Council Member Selich to a) fund that the applicant has demonstrated good faith compliance with the terms of the Development Agreement: and b) receive and file the Annual Report of the Development Agreement for Pacific View Memorial Park. The motion carried by the following roll call vote Ayes: Council Member Hill, Council Member Rosansky, Council Member Selich, Council Member Daigle, Mayor Gardner, Mayor Pro Tem Curry, Council Member Henn 19. ANNUAL REVIEW OF THE NORTH NEWPORT CENTER DEVELOPMENT AGREEMENT (PA2009 -023) (C-4014).1381100-20121 .Community Development Director Brandt reported that two correspondences were received today on this item, from Mike Leonardir:ector of Real Estate for 24 -Hour Fitness and Karen Tringali from the Corona del Mao.ResideniCAssociation. Assistant Planner Nueno provided a PowerPoint presentation addressing the location, results of the last review, new construction in 2011, and previous approvals of Transfers of Development Rights by Council. She noted that there was an issue with the 24 -Hour Fitness facility and presented recommendations as listed in the report. Shawna Shafner, CAA Planning, spoke on behalf of the Irvine Company, indicated that the square footage associated with 24 -Hour Fitness was identified in 2007 along with other Volume 60 - Page 385 City of Newport Beach City Council Minutes February 28, 2012 reported that State law does not allow Cities to work cooperatively to fulfill the affordable housing obligations. She stated that in order to get credit for affordable housing requirements the units must be within the City boundaries, indicated that there are some interested parties wanting to develop affordable projects within the community added that staff will continue to Pursue opportunities with developers, listed options available for expending the funds, and stated that the proposed project will be brought before Council. In response to Mayor Gardner's question, Associate Planner Murillo clarified that the public benefits fee will be paid upon the issuance of certificates of occupancy. City Attarnev Harp added that HHR Newport, LLC should be added as a party to the agreement. Robert Hawkins. Friends of Dolores, believed that there is a need for a new Environmental Impact Report since the original occurred in 2006, agreed that HHR Newport, LLC should be included as a party to the agreement, believed that the assign ability of the agreement shou Id be reviewed, addressed payment of fees relative to the requirement to enter Development Agreement, and opined additional time should be taken to review the issue into a closer. In response to Council questions, Mr. Hawkins advised that the principals of Friends of Dolores will be identified at a later date. Jim Mosher pointed out a discrepancy regarding the generation of $1.6 million for the affordable housing fund versus $1.2 million referenced elsewhere in the document, suggested that the moneP„gxpected from park fees be used to acquire Banning Ranch, and reported that a SeptembL)0'oastal Commission meeting is still posted on the property. Associate Plaruier Murillo clarified that the resolution has a typographical error in that it should state $1.6 million of in lieu fees rather than $1.2 million. Council 'Member Selich noted that the total revenue to the City for this project will be approximately $7 million and stated that because of present economic times, spacing out the timing of payments is not unreasonable. In response to Mayor Gardner's question, Assistant City Attorney Mulvihill noted the assign ability was included at the request o£ New Home and Most; reported that the right Using conveyed is the right to pay fees at certain intervals as well as the $5 million public benefit fee, and added that it is not a concern of the City. Resolution No. 2012 -19 which 1) amends the affordable Housing Implementation Hosansky Plan for d the Santa Barbara Condominiums Project; 2) approves a Memorandum of Agreement between City of Newport Beach and New Home Company Southern California. LLC; 3) be the requirement for a development agreement; and 4) rescinds Resolution No. 2007 -058. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Council Member Selich, Council Member Daigle, Mayor Gardner, Mayor Pro Tom Curry, Council Member Henn 21. RECONSIDERATION: CORONA DEL MAR COASTLINE CAR CLASSIC - WAIVER OF PARKING FEES AT BIG CORONA. 1100-20121 City Manager Kiff reported that this item is being presented at the request of Council Volume 60 - Page 387 City of Newport Beach City Council.Minutes February 28, 2012 ivienrner Selich and asked for Council's input. Jim Mosher believed that the proposal is too complicated noting the existing parking rates and what should be charged accordingly. He addressed the Special Events process for obtaining a grant to help with fee payments and expressed opposition of establishing fee waivers. Mayor Gardner indicated that she is not happy with the process and requested a future Study Session regarding the issue. Council Member Selich noted he will vote in favor of the item, but not as a fee waiver, but rather a rental agreement for the parking lot. Council Member Rosansky reported agreement with Council Member Selich and noted there is a process and everyone should follow it. -- -° •• -- ...... �, " � ouncrr xviemder Gill to a) Approve a parking fee of $503 for the 2012 Corona del Mat, Coastline Classic. constituting a fee waiver of approximately $6997; b) authorize the City Manager to enter into a three -year agreement with the Corona del mar Chamber of Commerce that would -charge the Chamber a "rolling average" for its use of the Big Corona parking lot in 2012 and 3013; and c) approve parking fee waivers for 2012 and 2613 in advance, provided that the amount waived is not above $10,000 and is consistent with the approach described in recommended action b. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Council Member Selich. Council Member Daigle, Mayor Gardner, Mayor Pro Tern Curry, Council Member Henn XIX. CURRENT BUSINESS 22. APPOINTMENTS TO FILL THE VACANCIES ON THE CITIZENS BICYCLE SAFETY COMMITTEE. (100 -2012] City Clerk Brown reported that an Ad Hoc Committee was appointed on January 10, 2012. the vacancy notice was published on January 14, 2012, applications were due on January 27, 201`2, and interviews were conducted February 28, 2012. She noted there were initially 14 nominees but one requested removal from consideration. Francis Peters reported that he was honored to be considered, addressed the application and interview process. noted much of his role on the Committee would be to seek the advice of others, reported having interviewed staff from many Cities across the country regarding bicycle safety, and recommended several applicant's for Council's consideration. Council selected the seven finalist by a vote with paper ballots: Motion by Council Member Henn seconded by Mayor Pro Tern Cures to appoint Michael Alti, Lou Cohen, Robert Kahn. Denis LaBonge. Sean Matsler, Francis Peters. and Anthony Peteos to fill the vacancies on the Citizens Bicycle Safety Committee: The motion carried by the following roll call vote: Ayres: Council Member Hill, Council Member Rosansky. Council Member Selich, Council Volume 60 - Page 388 City of Newport Beach City Council Minutes February 28, 2012 i em er Daigle, Mayor Gardner, Mayor Pro Tem Curry, Council Member Henn 23. CORONA DEL MAR ENTRY REVITALI7,ATION CONCEPT PLAN (PA2011 -223). f200- 20121 Community Development. Director Brandt reported that this is the fourth out of five revitalization plans that Council directed staff to .review in conjunction with Citizens Advisory Panels (CAP) and introduced the Consultant Dennis Stone. Dennis Stone thanked Council Member Hill: Committee members. City staff, the Engineering Consultant. and Landscape Architect. He provided the background, addressed the Corona del Mar Vision Plan, Conceptual Plan, identified the improvement areas, provided the landscaping plans, discussed the expansion of the sidewalks, noted the opportunities for public art,.discussed signage, and showed photo simulations for the area. He also presented details of preliminary cost estimates, addressed parking issues, discussed related impacts as well as the preliminary process, and provided the time table. Deputy Public Works Director Webb stated that staff has conducted an initial analysis and does not believe that there will be a`ecreae� in capacity or problems with traffic flow, He expressed concern regarding southbound MacArthur but stated it can he worked out. stated that staff is proposing a more permanent simulation, and noted that there will be periods of increased traffic but most of the time it will work. In response to Council Member DaigWs question, Deputy Public Works Director Webb noted that Council is being asked to approve a concept that will move the project Forward to initiate traffic and environmental studies. He reported that the use of the public right-of-way by restaurants offering outdoor dining might be considered in the future stating that it was presented as a possibility for the concept. Council Member Hill reported that the project has been considered for many years by a number of agencies, commented positively on the concept, and acknowledged issues that need to be resolved. still Patricia Riggs reported residents in the area were not aware of the project until last week and expressed concerns regarding the lane drop noting that most residents use that lane to access their neighborhood to avoid traffic backups. Dan Purcell commented on the concept, referenced what happened on East Coast Highway and Marguerite as an example of what could happen with development of the concept, encouraged Council to visit commercial waste haulers, expressed concern that with the addition of more people into Corona del Mar. more waste will be generated. and stated that the City needs to address the issue of commercial waste. Robert Hawkins referenced the role of the Planning Commission, opined that the recommendations of the Revitalization Committee should go to the Planning Commission first to make recommendations to Council, referenced the timeline suggested by 'Mr. Stone, mentioned CEQA requirements to studv a project at the earliest possible moment, stated that an environmental analysis of the project's impacts is needed, reported that traffic studies were not conducted, addressed the loss of parking spaces, and reiterated the need for immediate environmental studies. City Attorney Harp reported that according to the City Charter, the Planning Commission Volume 60 - Page 389 City of Newport Beach City Council Minutes February 28, 2012 City :Manager Aiff expressed appreciation for Council Member Henn's previous comment regarding the document, noted it is available on the City's website, and welcomed comments or questions from Council and the public. In response to Council Member Daigle's question, City Manager Kiff provided a status update on the Newport Harbor eelgi ass noting that staff is waiting for regulatory approval. Mayor Pro Tern Curry believed that the most impressive statistic stated in the report is that the City's reserves are at an all -time high for the fourth year in a row and stated that the amount speaks well toward management of the City and the fiscal sustainability policies. Council Member Daigle noted that the City is delivering cut and balanced budgets. Council Member Henn stated that cut and balanced budgets preserve the high level of service provided to the community, requested an update of the Commission and Committee memberships; and,{inclMired whether or not Marina Park and Sunset Ridge Park will be considered by the 6naatal Commiss-10-;j�, Deputy Public Works Director Webb stated that Marina Park is scheduled to be considered by the Coastal Commission in April or May. Regarding Sunset Ridge, he noted that there are a couple of issues that need to be resolved. Jim Mosher commended staff on the quality of the report, stated there were no hard copies available. and asked that staff let the public know cohere they can obtain hard copies. City Manager Kiff will work. with the City Clerk to make copies available and encouraged the public to read the electronic copy available on the website. 25. RESOLUTION NO. 2012 -22 SUPPORTING THE PETITION TO AMEND REGULATION SECTION 18705.5 RELATING TO COUNCIL MEMBER APPOINTMENTS. [100 -2012] City Attorney Harp presented a PowerPoint presentation addressing financial influences, government salary exception, new Fair Political Practices Commission (FPPC) interpretation, FPPC complaints. erroneous FPPC interpretation, petition to amend the regulation, and recommendations. Mayor Gardner noted that Council is not paid for attending Commissions or Committees meetings. In response to Council Menrher Daigle's question, City Attorney Harp reported that State law has not changed in over 40 years and that the FPPC drafted its own regulations. He indicated that Cities are asking them to conform to State law. Mayor Pro Tem Curry commented on FPPC rules and noted the inconsistencies. Jim Mosher addressed the problem of not being able to reach a vote and indicated that the petition and regulation was omitted from the staff report. City Attorney Harp provided the petition. Dan Purcell believed that Council should disclose how much money is being paid to serve on Volume 60 - Page 391 City of Newport Beach City Council Minutes February 28, 2012 ` r si e� ommi ees ommissions. Motion bv Council Member Henn seconded Iry iVIa or Pro Tem Curry to adopt Resolution loo. 2012 -22 supporting the Petition to amend Regulation Section 18705.5 to make it consistent with State statutory law excluding salary, reimbursement, and other benefits from the definition of income. The motion carried by the following roll call vote: Ayes:.Council Member Hill, Council YIember Rosansky, Council Member Selich, Council Member Daigle, Mayor Gardner, Mayor Pro Tem Curry. Council Member Henn XX. MOTION FOR RECONSIDERATION None XXII. ADJOURNMENT -At 9 :33 p.m. in memory of Jack Butefish The agenda for the Regular Meeting was posted on February 23. 2012, at 4:30 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 392