HomeMy WebLinkAbout03/27/2007 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
March 27, 2007 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m
II. CLOSED SESSION - 4:45 p.m
III. RECESS
IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky,
Council Member Webb, Council Member Daigle, Council Member Gardner
VI. CLOSED SESSION REPORT - None
VII. PLEDGE OF ALLEGIANCE - Council Member Daigle
VIII. INVOCATION -Frank Carpenter
Dt. PRESENTATIONS
Proclamation for Ocean Rescue by Lifeguard John Moore — Mayor Rosansky and Council
Member Henn presented a Proclamation for Ocean Rescue to Lifeguard John Moore.
Presentation of a Check for $17,000 from the Friends of the Newport Beach Public
Library to the City of Newport Beach — Susan Warren, Library Services Manager, presented a
check in the amount of $17,000 from the Friends of the Newport Beach Library and introduced
Susan Hirsch, Vice President, Ways and Means, Friends of the Library.
Proclamation for West Nile Virus and Mosquito Week — Mayor Rosansky presented a
Proclamation commemorating West Nile Virus and Mosquito Week to Tawnia Pett, Public Outreach
Coordinator, Orange County Vector Control District.
x NOTICE TO THE PUBL_I_C
XI. CITY....COUN.. CIL._. ANNOUNCEMENTS.. OR MATTERS WHICH_ COUNCIL MEMBERS
WOULD LIKE PLACED_ ON_ A FUTURE _AGENDA FOR DISCUSSION, ACTION_ OR.
REPORT (NON - DISCUSSION ITEM):
Council Member Curry recognized the contributions of Congressman Campbell and Royce, and
Senator Feinstein for their efforts toward obtaining funding for the upper bay dredging project. He
looked forward to a recommendation regarding the group home issue and especially AB716 that
would provide for an additional 4000 state beds.
Council Member Daigle acknowledged the efforts of Supervisor John Moorlach in obtaining funding
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for $19 million in critical projects for Santa Ana Heights and $5.5 million for the new fire station
project. Council Member Gardner invited everyone to view new plantings at Big Corona and in the
median on MacArthur Blvd off of Coast Highway.
Mayor Rosansky announced that he attended the Police Appreciation Breakfast sponsored by the
Chamber of Commerce and thanked Pam Curry for inviting him to the Mayors Prayer Breakfast on
March 23d. He announced that on Thursday at 6:00 p.m., in the Friends Room at the Central
Library, IROC will he holding their second meeting; and OCTA is currently recruiting volunteers for
the citizens advisory committee and, if interested, the contact person is Karen Taylor, 714- 560 -5347.
XII. CONSENT_.CALENDAR
A. READING OF MINUTES/ORDI_NANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR
MEETING OF MARCH 13, 2007 AND ADJOURNED REGULAR MEETING
OF MARCH 19, 2007 [100- 2007]. Waive reading of subject minutes, approve as
written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of
all ordinances and resolutions under consideration, and direct City Clerk to read by
title only.
B. ORDINANCES FOR ADOPTION
3. ORDINANCE TO AMEND CHAPTER 12.63 OF THE NBMC REORGANIZING
AND UPDATING THE CODE PROVISIONS REGULATING SOLID WASTE
MANAGEMENT 1100 - 20071. Adopt Ordinance No. 2007 -5.
4. ORDINANCE AMENDING CHAPTER 15.45 OF THE NBMC REGARDING
DEVELOPMENT AGREEMENTS [100 - 2007]. Adopt Ordinance No. 2007 -6
amending Chapter 15.45 of the NBMC.
5. COMMERCIAL SOLID WASTE COLLECTION: AWARD OF NON-
EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE
TO FRANCHISEES [421100- 2007]. Adopt Ordinance No. 2007 -7 granting a Non-
exclusive Solid Waste Franchise for commercial collection to those Solid Waste
Collection Companies listed in Exhibit A of the staff report.
C. CONTRACTS AND AGREEMENTS
6. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH EIP
ASSOCIATES, INC. AND BUDGET AMENDMENT - HCD COMMENTS AND
FINAL PRINTING (contd. from 3113/07) (C -3620) [381100- 20071. a) Approve
and authorize the Mayor and City Clerk to execute the Fourth Amendment to
Professional Services Agreement with EIP Associates, Inc.; and b) approve budget
amendment (07BA -055) transferring $149,711 from the unappropriated General
Fund reserve to account 2710 -8293 General Plan Update.
7. NEWPORT BOULEVARD RIGHT -TURN LANE AT HOSPITAL ROAD -
AWARD OF CONTRACT (C -3655) 1381100- 20071. a) Approve the drawings and
specifications; b) approve a budget amendment (07BA -057) in the amount of
$339,167 from unappropriated fund balance of the Gas Tax Fund to Account No.
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7181- C5200737; c) award a contract (C -3655) to Hillcrest Contracting for the total
bid price of $786,889, and authorize the Mayor and the City Clerk to execute the
contract; d) establish an amount of $79,000 (10 %) to cover the cost of unforeseen
work; and e) approve geotechnical and material testing services with Harrington
Geotechnical in the amount of $16,000 per the existing On -Call Professional
Services Agreement and $2,000 for printing and other associated costs.
8. MARINERS PARK IMPROVEMENTS - APPROVAL OF A PROFESSIONAL
SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. (C -3806)
[381100- 20071. a) Approve a Professional Services Agreement with RJM Design
Group, Inc. for landscape architectural services at a not -to- exceed price of $155,008
and authorize the Mayor and the City Clerk to execute the agreement; and b)
approve a budget amendment (07BA -059) appropriating $29,000 to Account No.
7251- C5100817 for Mariners Park Improvements Cell Tower and increase revenue
estimates by $29,000 representing contributions from participating cell phone
companies.
9. ELECTRONIC CASE FILING INITIATIVE - CONTRACT AWARD (C -3925)
[381100- 2007]. a) Accept the recommendation of the Integrated Law & Justice
Agency for Orange County (ILJAOC) and award the contract to Deloitte Consulting
in an amount not to exceed $310,000 to complete the work specified in a Request for.
Proposal (RFP) to develop the requirements for an Electronic Case Filing Project,
and to assist in the procurement process for the identified solution, which is entirely
funded by grants administered by the City on the Agency's behalf; and b) authorize
the City Manager to execute the contract, which has been approved by the Agency's
Legal Counsel and the Newport Beach City Attorney's office.
10. ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA)
AMENDMENT NO. 12 TO COOPERATIVE AGREEMENT NO. C -95 -985 (C-
3051) [381100- 20071. Approve Amendment No. 12 to Cooperative Agreement No. C-
95 -985 between the OCTA and the City; and authorize the Mayor and City Clerk to
execute the Amendment.
D. MISCELLANEOUS
11. OPPOSITION TO AB 1355 (HOUSTON) RELATING TO HARBOR PATROL
1100-20071. Authorize the Mayor to issue a letter of opposition to AB 1355
(Houston) relating to County Sheriffs and harbor safety and security.
12. PURCHASE OF NEW LADDER TRUCK FOR THE FIRE DEPARTMENT
1100 - 20071. a) Approve the sole source purchase of a new 100 foot drawn aerial
ladder truck from American LaFrance of Los Angeles for $834,967.38 (including
tax), and b) approve a budget amendment (07BA -058) in the amount of $834,967.38
to fund the purchase.
13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF
THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO
MAINTENANCE & OPERATIONS BUDGET ACOUNTS FOR FY2006 /07 [100-
20071. Approve a budget amendment (07BA -060) to increase revenue estimates by
$17,000 in Account No. 4091 -5892 (Friends of the Library Donations), and increase
expenditure estimates by $17,000 in Division 4091, Friends.
521. JOHN WAYNE'S CENTENNIAL CELEBRATION BANNERS — APPROVAL
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OF ENCROACHMENT PERMIT NO. N2007 -0149 1100- 20071. Conditionally
approve Newport Beach Conference and Visitors Bureau request for the installation
of 80 banners on 80 streetlight poles from March 29, 2007 to April 29, 2007 for the
John Wayne Centennial Celebration with installation along Jamboree Road,
MacArthur Boulevard, Newport Boulevard, and East Coast Highway.
Motion _by. Mayor Pro_ Tem Selich to approve the Consent Calendar, noting the
abstention by Council Member Webb on Item #8, and the correction to Item #7.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XIV. PUBLIC HEARINGS
14. IN -LIEU PARK DEDICATION FEE ADJUSTMENT - APPRAISAL OF EASTBLUFF
AND BOB HENRY PARK (contd. from 2/27/07 & 3113107) (100 - 20071.
City Manager Bludau explained that originally the BIA asked for a 30 -day continuation
therefore he is requesting that this item be continued until April 10, 2007.
Motion by Council Member Webb to continue the item until April 10, 2007.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
15. NEWPORT BEACH BREWING COMPANY, REVIEW OF USE PERMIT NO. 3485 -
2920 NEWPORT BOULEVARD (PA2006-177) 1100-20071.
Senior Planner Campbell reported that as a result of complaints the Planning Commission
reviewed this permit three times and on January 4, 2007 acted to place additional conditions
on the permit. Their decision was appealed by representatives of The Cannery Village
Concerned. Staff recommends that the City Council deny the appeal and uphold the
Planning Commission's decision. The applicant has moved forward to mitigate the
conditions and the Planning Commission has scheduled a review for October 2007.
Senior Planner Campbell addressed Council questions and concerns.
Mayor Rosansky opened the public hearing.
Bruce Low, resident and representative of The Cannery Village Concerned, spoke about
Conditions #9 and #10. He presented Council with a copy of the September 27, 1993 City
Council minutes that indicated to him that the daytime net public area of 1500 square feet
was intended to apply seven days a week until 5:00 p.m. He was concerned about vehicles
traveling at a high rate.of speed, abuse of the parking area, abuse of adjacent personal
properties, and felt the applicant was not complying with the intended use (Condition #10).
Kevin Weeda, a resident and business owner operating a business on 301' Street, said the
group of concerned residents did not want to drive away the business, merely have the
applicant comply with the CUP. Most problems occur late at night and he believed the
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business should be limited to an 11:00 p.m. closing
Jerry Kolbly, co- owner, Newport Beach Brewing Company, spoke about his establishment
and the fact that it had maintained the same social atmosphere for the past 12 years. He
has attempted to work with adjacent neighbors and staff to resolve the issues. There is a
security guard stationed at the rear door and patrons enter and exit via Newport Boulevard
only on Friday and Saturday nights after 10:00 p.m.
Steven Miles, attorney for Newport Beach Brewing Company, found it disingenuous that it
was stated that the Brewing Company was not open to suggestions and working with the
City and adjacent residents to solve problems. With respect to concerns regarding noise
from the parking area, the police report indicates that the only noise, came from patrons
talking in the patio area and that passing traffic drowned out the noise. In addition to the
main entry, the only door that was open to patrons was the patio door. He believed that the
Brewing Company would provide permanent security for the parking lot from 10:00 p.m.
until 30 minutes after closing if the City agreed to extend the hours of operation 30 minutes
to one hour on weeknights.
In response to Council Member Daigle, City Attorney Clauson said that the regulations were
adopted in 1988 when she was advisor to the Planning Commission. The Planning
Commission based its decision to allow the sale of liquor in 1999 based upon representations
by the applicant that this was a restaurant and the intent was for the establishment to
continue serving food throughout the evening hours. There was never a representation or
understanding by the Commission that this would turn into a bar after 11:00 p.m.
Mike Madlock, founder, Newport Beach Brewing Company, felt that common sense should
prevail and the current issues were a result of mixed uses in the area. The Brewing
Company has made many concessions and runs a business -like establishment. For twelve
years the company has operated without one code violation.
Billy Steed, Cannery Loft owner, adjacent to the Brewery, said he has observed all types of
nuisances in the Brewery parking lot. The Brewery has offered no solution and ignores
complaints.
Stephanie Roselli, Cannery Village resident, has made several complaints about the
Brewing Company and the parking lot being noisy.
John Faul said he has lived and worked in the area for three plus years and the residents
have recently come together to address issues that have not been addressed by the applicant
and the City. He said it did not make sense to him that the restaurant would not be forced
to comply with their CUP.
George Schroeder, Cannery Village said this neighborhood has been zoned mixed use for 20
to 30 years and the problems with the Brewery are not new.
Tony Shepherdson said he lives one block away from the Brewing Company and more than
just the units in the Brewery are affected. He has lived on the street for 23 years and the
problem has grown over the years. For the majority of the nights there is virtually no
parking available due to all of the restaurants in the area. The problems grow out of
allowing alcohol and he felt that the problems could be resolved by limiting the hours of
operation.
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Joe Reese said he has been dealing with this over a year. In 1993 and 1999 the intent was
clear that this establishment was to be a restaurant. He was personally carded and denied
food after 10:00 p.m. and he has observed individuals standing around drinking after 10:00
p.m. In reviewing this project the Planning Commission concluded that the establishment
was operating as a bar. The Planning Commission wanted assurance that the Brewing
Company would operate as a restaurant and there would be no "carding' at the door. There
were 32 arrests in the area on St. Patrick's Day and every night residents are subjected to
fighting and other obscene behavior. He asked the City to enforce the CUP.
Drew Wetherhault said residents on 29th and 30th streets have constant problems with the
establishment nights and weekend. BJ's brewery is clearly a restaurant. After 10:00 p.m.
Newport Beach Brewing Company is clearly a bar and there is clearly a problem with
consumption of alcohol. He asked that the City revoke the permit.
Kristen Andros Low said that the owner stated the restaurant operates until 11:00 p.m. and
thereafter it operates as a bar as evidenced by a queuing line and carding.
Bruce Low said there were many people in the neighborhood that had issues with this
establishment and on behalf of the residents he asked that the City restore the
neighborhood to a reasonable, fair and even keel.
Mr. Miles entered documents into the record and spoke to Mr. Weeda's "threat" to take this,
issue to the Coastal Commission. He stated that Mr. Weeda has a financial interest in
acquiring the parcel on which Newport Beach Brewing Company resides.
Mr. Miles responded to Mayor Pro Tern Selich that Condition #26 imposed by the Planning
Commission was acceptable to the Brewing Company. When asked by Mayor Pro Tem
Selich which option would be acceptable, returning to beer only sales or cutting back the
hours of operation to 11:00 p.m., Mr. Miles stated that he believed neither option would be
acceptable.
Mayor Rosansky closed the public hearing.
Council discussion and debate ensued.
Motion by Council Member Henn to uphold the conditions of the Planning Commission
with the following amendments: 1) amend Condition #19 to prohibit the use of the parking
lot entrance by no later than 9:00 p.m.; 2) amend Condition #22 that a full time security
person be in the parking lot every night at 10:00 p.m. until one -half hour after closing; 3)
that Condition #6 be made clear that it applies seven days a week; and 4) in order to help
the Brewing Company to get back to its original and contemplated mission, that they may
not serve hard liquor after 10:00 p.m.
Council Member Gardner asked if Council Member Henn would amend Item 4 to indicate
the restaurant will close at 11:00 p.m. on Friday and Saturday. Council Member Henn
asked for input from other Council Members.
Council Member Daigle said it was clear to her that the restaurant element goes away
between 11;00 p.m. and 1:00 a.m. and supported Council Member Gardner's amendment.
Council Member Curry asked that "carding" not be used to differentiate between a
restaurant and a bar operation.
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Mayor Rosansky felt residents could more appropriately address Condition #6 with the
Coastal Commission. He would favor eliminating hard liquor sales past 11:00 p.m. on
Friday and Saturday.
Council Member Henn felt it was clear that an unintentional error was made because the
City mandates should be consistent with the Coastal Commission mandates.
Mayor Pro Tem Selich supported elimination of Condition 6.
Council Member Webb felt it would be prudent to follow the recommendation to determine
whether there is a parking problem on Saturday and Sunday. Council Member Daigle said
staff felt a parking study should be done.
Mayor Pro Tem Selich supported allowing the Brewing Company to sell liquor until 11:00
p.m.
Council Member Henn preferred to keep Condition 6.
Amended motion by Council Member Henn to change the condition to allow hard liquor
sales until 11:00 p.m. on Friday and Saturday.
Substitute._ motion by Mayor Pro-Tem Selich to deny the appeal and uphold the
decision of the Planning Commission to modify Use Permit No. 3485, with modifications to
the conditions as noted: no change to the operating hours; on Friday and Saturday hard
liquor sales to cease at 11:00 p.m.; no change to Condition #6; eliminated Condition #26;
modified Condition #22 to require full time security in the parking lot beginning at 10 p.m.
until 30 minutes after closing; Condition #19 modified to prohibit entrance through the back
door after 9 p.m.; and operator to have discretion on carding requirements.
The substitute motion carried by the following roll call vote:
Ayes: Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member
Webb
Noes: Council Member Henn, Council Member Daigle, Council Member Gardner
XV. PUBLIC-COMMENTS
Ken Kuhlmann said the interest in the saturation of recovery facilities has grown and interested
residents of West Newport Beach will send a newsletter and emails inviting residents to attend the
April 10th City Council meeting to show support for a moratorium.
Jim Miller, West Newport Beach Association and member of the IROC Committee presented a map
showing an over concentration of rehab facilities and felt that SB1000 would make matters worse.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem Selich announced that the General Plan Implementation Committee would meet on
March 28th at 3:30 p.m. in Council Chambers.
XVII. PLANNING CO..M. MISSION.AGENDA AND ORAL STATUS REPORT
16. PLANNING COMMISSION AGENDA FOR MARCH 22,20071100-20071.
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Planning Director Lepo reported on the following Planning Commission agenda items for
March 22, 2007: Variance No. 2006 -003 for 709 Kings Road; the valet/parking management
plan at 1370 Bison Avenue; Use Permit No. 2006 -038 for the Wine Gallery; a report on
parking in -lieu fees; and a GIS application update.
The Council recessed at 9:45 p.m. and reconvened at 9:55 p.m. with all members present.
XDI. CURRENT BUSINESS
18. PROFESSIONAL SERVICES AGREEMENT FOR COMPREHENSIVE REWRITE OF
THE ZONING CODE (TITLE 20) AND PLANNING DEPARTMENT BUDGET
AMENDMENT (100 - 20071.
Associate Planner Ramirez stated that the purpose of the budget amendment is to acquire
monies for a rewrite of the Zoning Code and CEQAA Review.
Motion by Council Member Daijle to a) approve the PSA with Hogle- Ireland for the
Zoning Code Rewrite and CEQA Review; and b) approve a budget amendment (07BA -061)
transferring $632,420 from the unappropriated General Fund reserve to a new Planning
Department Account, 2710 -82932 Zoning Code Rewrite.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
XVIII. CONTINUED BUSINESS
17. COUNCIL CONSIDERATION OF WHETHER TO RESCIND ITS FEBRUARY 27,
2007 DECISION TO INITIATE THE PROCESS TO DEVELOP PHASE 1 OF
NEWPORT CENTER PARK AND REFER THE PROJECT BACK TO THE PARKS,
BEACHES AND RECREATION COMMISSION FOR RECONSIDERATION (100-
20071.
City Attorney Clawson noted that this matter was brought about as a Parks, Beaches and
Recreation (PB &R) Commissioner was discovered to have a potential conflict of interest due
to the proximity of her residence to the subject property and whether the alleged violation
might result in a lawsuit to rescind the Councils previous decision.
Debra Allen, recipient of the alleged charges, said the charges were absolutely false. Upon
advise from Assistant City Attorney Harp she contacted the Fair Political Practices
Commission and was told there would be no conflict of interest as a citizen and PB &R
Commissioner with her speaking on this matter at the February 27 City Council meeting.
She was very disturbed that the City had left the impression via a press release that she
had a conflict of interest and felt that her reputation had been irreparably damaged as a
result. She furnished the City Council with a copy of a certified appraisal that indicated her
property value would suffer no financial impact as a result of the Council's decision.
Barry Allen provided four documents testifying to the fact that this matter would have no
affect on Debra Allen's property. There is no conflict of interest by a PB &R Commissioner
and the threat of a lawsuit is merely to get the City to overturn its decision so that further
consideration can be given to placing city hall on the site. He encouraged the City Council to
vote no on this agenda item.
Elaine Linhoff was upset by Tom Johnson's article in The Daily Pilot and asked the Council
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to stand by its vote and move forward to develop the park.
Wendy Brooks wanted Council to consider placing a new city hall and park next to the
library because it would better serve the needs of the community and its residents.
Shirley Conger felt the Tom Johnson article was an attempt to divert attention from the
City Council's decision.
Allan Beek thanked the Mayor for clarifying the issue at hand and recommended the
Council remove this item from the agenda or vote no.
Tom Moulson found the entire issue laughable.
Karen Twingali said she won't speak about how shabbily the City treats its volunteers or
how little effort it takes to come up with perceived conflicts of interest. As a resident of
Newport Beach she lives 1.8 miles from the park and anyone who speaks in support of
proceeding with the building of the park should be heard and the Council should proceed
accordingly and support its constituents.
Bill Ficker asked the Council to put this matter on hold and research alternative options
because the park is one of the lowest priorities in the City's General Plan.
Dick Nichols urged the Council to reconsider this matter and give the City time to consider a
better plan for the property.
Barton Beek felt it would be wise for the Council to reconsider this matter and give the
residents more time to consider this decision by better educating the residents and putting
the matter to a vote of the people.
Mike Johnson said he has been involved with parks for many years and served on the PB &R
Commission in the 1970's. He felt that the project site should be re- designed as a people -
friendly park similar to the park in West Newport Beach.
Garrett Smith felt that Debra Allen deserved thanks for her years of volunteerism but
should not be singled out because there are many individuals and groups that volunteer
their services to the City. He felt the only fair way to resolve this matter was to let the City
continue to research the area for the best use and finally put it to a vote of the people.
Jack Croul requested the City Council reopen the issue of whether a park should be built on
the 12 -acre site because it is clear the residents are divided on how the property should be
used.
Hugh Logan was confident that Council would fairly review this issue and move forward to
protect the site as a park.
Bob Shelton felt the real issue was whether or not the decision was the right decision and
urged the Council to reconsider the site for joint use.
Evvy Compton asked Council to rescind its decision and reconsider using valuable City
funds on a project that people would use.
Lucille Kuehn urged Council to rescind its motion, refund the donor's money, revisit the
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issue and bring forth a better solution for use of the site.
Phil Arst complimented the Council Members who voted to protect public parkland. The
real issue is where to locate City Hall and in his opinion, this site would not be suitable.
Nancy Skinner asked Council to return the matter to PB &R because it would be helpful for
the citizens to better understand the proposed design concept for the park.
George Schroeder felt the only issue was whether the conflict of interest applied and once
determined the Council should move forward accordingly.
Ron Hendrickson believed the City was not short on passive parks but was short on active
parks. Therefore, this 12 -acre park is not needed at this time and this issue has not been
properly analyzed. It would be unfortunate if the City did not consider a small portion of the
property for a city hall.
Jan Vandersloot said that although this decision was not about Debra Allen he asked that
before the Council vote tonight it verify whether she has a conflict of interest and whether
the Council could ultimately uphold its previous vote.
City Attorney Clauson responded to Council Member Webb that the accuracy of the GIS
maps are to within five feet and reiterated that it is not the Council's responsibility to
determine whether there is a conflict of interest.
Council Member Curry said that based on the Counsel's input he would recommend
rescinding the vote and returning the matter to the PB &R Commission for developmental
review of the park design and careful review of the potential conflict of interest involving
Debra Allen.
Motion by Council Member Curr to rescind the City Council decision of February 27,
2007 and refer the matter back to the PB &R Commission for 30 days on a de novo basis to
consider the design of the park and to report back to the City Council. After discussion the
motion was amended to direct the PB &R Commission to report back as soon as possible,
however within 60 days.
Substitute motion by Mayor Rosansky to rescind the City Council decision of February
27, 2007 to proceed with the design and eventual construction of Newport Center Park
Phase 1 and refer the matter back to the Parks, Beaches and Recreation Commission in
order to conduct a full public outreach effort..
The substitute motion failed by the following roll call vote:
Ayes: Mayor Rosansky, Council Member Webb
Noes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Council
Member Daigle, Council Member Gardner
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Council
Member Webb, Council Member Daigle, Council Member Gardner
Noes: Mayor Rosansky
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XIX. CURRENT BUSINESS (contd).
19. LEGISLATION RELATING TO GROUP HOMES [100 - 20071.
Assistant City Manager Kiff explained that Senator Harman's bill addresses homes owned
by the same owner and that the original intent of the IROC was to increase, the distance to
1000 feet and felt the 1000 feet should apply between facilities and did not limit it to the
same owner.
Bob Rush pointed out what he felt were flaws and inconsistencies in SB1000 and why it
might not be the best legislation. He asked the Council to withdraw support from the
Harman bill because it could be a detriment to the City.
City Attorney Clauson explained that many of the integral facilities in the City are located
within 300 feet or less of each other. There are a number of these facilities that operate as
integral facilities that are located blocks away from each other. If the 300 -foot wording were
removed, SB1000 would clarify that large operations that operate across multiple locations
would be subject to local CUP or other types of permit requirements. The bill could say
"facilities owner or operated by the same person or entity or that provide or use services that
are integral of shared with another facility "; and recommend the 1000 foot separation.
Dick Nichols expanded on the recommendations proposed by City Attorney Clauson.
Motion by Mayor__.Ros_a_nsk Y to direct staff to send a letter to Senator Harman
recommending changes proposed by City Attorney Clausen (changing and to or and asking
him to eliminate language with regard to the distancing requirement; and, keep the Dutton
bill as presented.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor,
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
20. LCP AMENDMENT NO. 2007 -001 - CLUP UPDATE (PA 2007 -027) - UPDATE OF
THE COASTAL LAND USE PLAN TO REFLECT THE LOCATION, TYPE,
DENSITIES AND INTENSITIES OF LAND USES ESTABLISHED BY THE NEW
LAND USE ELEMENT AND INCORPORATION OF OTHER NEW POLICIES OF
THE GENERAL PLAN 1681100- 20071.
Patrick Alford distributed corrected maps and indicated that the OS overlay should be PR
on the Local Land Use Map.
Motion by Council Member Webb to adopt Resolution No. 2007 -20, as amended to
remove the policies in Section 4.5.2, approving the Coastal Land Use Plan and authorizing
submittal to the Coastal Commission for formal review and approval.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
XX. MOTION FOR RECONSIDERATION — None
XXI. ADJOURNMENT - At 12:15 a.m. in memory of Retired Lifeguard Chief Kendall "Jake"
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Jacobsen
The agenda for the Regular Meeting was posted on March 21, 2007, at 3:30 p.m. on the City Hall
Bulletin Board located outside of the City of Newport Beach Administration Building. The
supplemental agenda for the Regular Meeting was posted on March 23, 2007, at 1:35 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
Recording Secretary
Mayor
II /` ► I Aumm
City Clerk
Volume 58 - Page 102