HomeMy WebLinkAbout08/14/2007 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
August 14, 2007 — 7:00 p.nL
I. STUDY SESSION - 4:00 p.m
II. CLOSED SESSION
III. RECESS
IV. RECONVENED 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 Daigle, Council Member Gardner
Excused: Council Member Webb
VI. CLOSED SESSION REPORT_.
City Attorney Clauson reported that Council met to discuss the potential for acquiring, by lease,
property at 500 Newport Center Drive. The negotiating parties included Dan Miller of The Irvine
Company, Mayor Rosansky, and Mayor Pro Tern Selich.
Mayor Rosansky reportedthat_ in conjunction with the development agreement for Newport
Center, The Irvine Company has offered the City a 99 year lease at 500 Newport Center Drive.
Council has authorized the negotiating committee of Mayor Rosansky and Mayor Pro Tern Selich
to continue negotiating with The Irvine Company on the precise location, size, shape, andterms of
conveyance, andto retain an appraiser to value the proposed site. He reported thatCouncil's
votewas unanimous. CityAttorney added that Council Member Webb participated in the closed
session meeting via teleconference.
VII. PLEDGE OF ALLEGIANCE - Council Member Curry
VIII. INVOCATION -Reverend Tim McCalmont, Presbyterian Church of the Covenant
D:. PRESENTATIONS
Proclamation Honoring Disneyland Scholarship Recipient - Disneyland Resort
Ambassador Adonis Reeves presented a scholarship to Evan Clark. Mayor Rosansky read the
proclamation and presented it to Evan Clark.
X NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR__..MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE_PLACED ON A FUTURE AGENDA_. FOR, -DISCUSSION. ACTION OR
REPOR.T._VNON_DISCU_SSION ITEM):
Council Member Gardner stated that there will be two meetings at the Corona del Mar Library
Branch on August 27th from 9:00 a.m. - 11:00 a.m. and 6:00 p.m. - 5:00 p.m. to discuss the closure
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of the branch. Following a presentation, the public will have a chance to ask questions or provide
comments.
Council Member Gardner stated that the League of California Cities sent outs. questionnaire
asking if the City would be interested in supporting a 300 foot dispersion rule for group homes.
Council Member Daigle stated that she will be representingthe Cityat the League of California
Cities conferencein Sacramento and will be casting a vote on behalf ofthe Cityin support of the
resolution that will give local governmentdistancing authority over all group homes.
Council Member Gardner asked about the energy audit and requested a report on pros and cons of
one -way streets.
Council Member Henn requested a staff report that revises the City's Building Code penalties for
unpermitted construction of illegal dwelling units. He also asked that staff look into increasing
fines and requiring abatement.
Council Member Curry stated that the debate over using Newport Center Park as a potential City
Hall site has exposed both strong and passionate feelings on both sides of the issue. He indicated
that, to the extent that his contributions to the debate have failed to meet this standard, he offered
his apology to the community and pledged to try to do better.
Council Member Curry discussed the growing cost of public employee pensions and suggested
having a charter amendment that would require a vote of the people to increase publicly- funded
pension benefits. He requested that the issue be referred to the Finance Committee for review,
including the consideration of appropriate language and fiscal impact, and to receive public input
from residences, businesses, employees, and City management. He reported that his goal is to have
a charter amendment prepared for the 2008 election.
XII. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING
OF JULY 24, 2007 (100 - 20071. 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. RESOLUTIONS F_O_ R ADOPTION
C. CONTRACTS AND AGREEMENTS
6. BUCK GULLY SEWER FORCE MAIN RELOCATION - AWARD OF
CONTRACT (C- 3803). 1381100 -20071 a) Approve the plans and specifications; b)
award the contract (C -3803) to Mike Prlich & Sons, Inc. for the total bid price of
$274,633, and authorize the Mayor and the City Clerk to execute the contract; and
c) establish an amount of $27,000 (10%) to cover the cost of unforeseen work.
6. POLICE FACILITY PERIMETER SECURITY FENCE - COMPLETION
AND ACCEPTANCE OF CONTRACT (C- 3861). (381100 -20071 a) Accept the
work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the
City Clerk to release the Labor and Materials bond 35 days after the Notice of
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Completion has been recorded in accordance with applicable portions of the Civil
Code; and d) release the Faithful Performance bond one year after City Council
acceptance.
RELEASE OF SURETY FOR OFF -SITE PUBLIC IMPROVEMENTS
COMPLETED ON 15TH STREET FOR TRACT NO. 16468 (ONE
NAUTICAL MILE). [381100 -2007] a) Accept the off -site public and private
improvements constructed as Tract No. 16468 per conditions of approval; and b)
authorize the City Clerk to release Faithful Performance Bond No. 104304075 in
the amount of $135,000 for public improvements along 15th Street.
8. ADVANCED BUILDING MAINTENANCE AGREEMENT (C- 3982). [381100-
2007] Approve the contract for janitorial services with Advanced Building
Maintenance.
D. MISCELLANEOUS
9. ACCESSORY OUTDOOR DINING PERMIT NO. 2007 -001 - 333 BAYSIDE
DRIVE (PA2007 -004). [100 -2007] Take no action on the appeal.
10. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE
(EDC) TO FILL AN EDC VACANCIES. [100 -2007] Fill current Economic
Development Committee vacancy by appointing F. M. (Fred) Ameri as the
Building Industry Association (BIA) representative.
12. NEWPORT COAST COMMUNITY CENTER AUDIO VISUAL EQUIPMENT.
[100 -2007] Authorize the City Manager to use a portion of the Newport Coast
Community Center (NCCC) FF &E account to purchase audio visual equipment as
specified in the Equipment List Specifications in an amount not to exceed
$115,000.
13. ACCEPT OFFICE OF TRAFFIC SAFETY (OTS) GRANT AND INCREASE
STAFFING BY ONE POLICE OFFICER. [100 -2007] Accept grant funding
from the Office of Traffic Safety (OTS) in the amount of $532,000, which funds
additional equipment, overtime, and one additional full-time Police Officer
position, effective October 1, 2007, for the purpose of enforcing Driving Under the
Influence (DUI) violations and other traffic - related offenses as outlined in Grant
No. PT0802.
14. WEST SANTA ANA HEIGHTS ANNEXATION UPDATE. [100 -2007] Receive
and file.
15. BUDGET AMENDMENT FOR PROFESSIONAL LEGAL SERVICES FOR
EELGRASS ISSUES IN LOWER NEWPORT BAY. [100 -2007] Approve a
budget amendment (08BA -008) transferring $165,000 from General Fund
unappropriated reserves to the City Attorney's Professional and Technical account
0510.8080.
S20. AUTHORIZATION TO ENTER INTO AN MOU WITH SEASONAL
LIFEGUARDS (ANBOL) (C- 2058). [100 -2007] Authorize the Mayor to execute
a Memorandum of Understanding (MOU) based on the attached Term Sheet
between the City and the Association of Newport Beach Ocean Lifeguard
(ANBOL).
Motion-by Council Member Henn to Motion to add Item S22 (Taste of Newport) to the
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Consent Calendar since the application was received after the agenda was posted and the
next Council Meeting isn't until September 11, which will not allow enough time for
advertisement of the event. Moved by Council Member Curry, no second required.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Daigle, Council Member Gardner
Absent: Council Member Webb
522. TASTE OF NEWPORT BANNERS - APPROVAL OF ENCROACHMENT
PERMIT. [100 -20071 Conditionally approve the request of the Newport Beach
Chamber of Commerce for the installation of 191 banners, from August 20, 2007,
to September 17, 2007, for the annual Taste of Newport. Installation will be along
Jamboree Road, MacArthur Boulevard, Westcliff Drive, Coast Highway, and
Newport Boulevard.
Motion by Mayor Pro. Tern Selich to approve the Consent Calendar, except for the
items removed (3, 4, 11 and 15).
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Daigle, Council Member Gardner
Absent: Council Member Webb
)III. ITEMS REMOVED FROM THE CONSENT CALENDAR
3. NEWPORT BEACH BREWING COMPANY, REVIEW OF USE PERMIT NO. 3485,
2920 NEWPORT BOULEVARD (PA2006 -177) (contd. from 7124/07). [100 -20071
Council Member Henn read portions of the previous minutes. He believed that it is no
longer necessary to have security every night. He recommended that Provision 22 of the
resolution be modified to include full-time security Wednesday through Saturday only.
Regarding the Coastal Commission's provision that the Brewing Company must restrict
the space devoted to food service during the day, seven days a week, he recommended that,
in the event that the Brewing Company complies with the use permit, the City can request
a change with the Coastal Commission at a later date based on the continuing
performance.
Motion by Council Member. Henn to adopt Resolution No. 2007 -57 with a modification
to Provision 22 to read, "Full -time security guard shall be posted in the parking lot owned
by the Brewing Company after 9:00 p.m. through one -half hour after closing on Wednesday
through Saturday nights, and Sunday through Tuesday nights if the nights fall on a
holiday or a large crowd is anticipated due to a sporting event or other promotional event
at the Brewing Company."
Jerry Kolbly, owner of Newport Beach Brewing Company, believed that the Brewing
Company is being set up for failure. He noted that his business has decreased since the
parking lot issues arose. He stated that he has spent $1,000 /month more in security,
moved the line, and changed schedules to accommodate the residents. He stated that he
will remain committed to his fundraising efforts and hoped that support from the City will
continue for the only brew pub in the City.
Regarding Condition 9, Steven Miles stated that the Brewing Company already reports to
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the County and that the City's request for a report is unwarranted. He noted that
Condition 6 has been in effect for 14 years. He highlighted the issues that led to Condition
6 in 1993, and stated that there is no evidence to cause the City to change Condition 6 or
take away the 1,500 square foot service area before 5 p.m.
Bruce Low expressed concern about the security changes and stated that he is
disappointed that the Brewing Company is still trying to interpret the Coastal
Commission's intent. He stated that the Coastal Commission invited the Brewing
Company to file an application so they could hear the issue. He noted that the City offered
to restrict the space to induce the Coastal Commission to come up with a Coastal
Development Permit.
Mayor Rosansky agreed with the applicant that the 1,500 square feet should not be taken
away since the problems are with noise and the parking lot. He believed that the security
change will help with solving the problem with the neighbors. Regarding Condition 9, he
didn't believe that the City should require them to report their liquor and food sales.
Substitute motion by Mayor Rosansky to support the changes in Provision 22 and
eliminate Condition 6 and portions of Condition 9 that require hourly reporting of liquor
and food sales.
The substitute motion failed by the following roll call vote:
Ayes: Mayor Rosansky
Noes: Council Member Henn, Council Member Curry, Mayor Pro Tem. Selich, Council
Member Daigle, Council Member Gardner
Absent: Council Member Webb
Council Member Henn believed that the Brewing Company never had a right to operate as
they did and the City did not conduct itself in accordance with what the Coastal
Commission intended. With regard to Condition 9, he stated that the use permit was
uniquely granted with specific language about being a restaurant.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Council
Member Daigle, Council Member Gardner
Noes: Mayor Rosansky
Absent: Council Member Webb
4. MCFADDEN PLAZA CENTENNIAL MONUMENT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH PERIDIAN INTERNATIONAL,
INC. (100 -2007]
The item was inadvertently removed from the Consent Calendar
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Motion by CounciLMemb_e.r_Curry to a) approve a Professional Services Agreement
with Peridian International, Inc. of Newport Beach for the McFadden Plaza Centennial
Monument project at a not to exceed price of $35,500 and authorize the Mayor and City
Clerk to execute the agreement; and b) approve a budget amendment (08BA -007)
increasing revenue estimates in 0129 -5887 by $45,000.00 and increasing expenditure
appropriations in 7251- C8002005 by $45,000.00 to cover the costs for design and
preparation of an environmental document and application package for a Coastal
Development Permit.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Daigle, Council Member Gardner
Absent: Council Member Webb
11. MEGAN S LAW REGISTRATION AND MONITORING PROCESS. [100 -2007]
Police Chief Klein provided a history of Megan's Law and reviewed the three registration
classifications: address (repeat offenders), zip code (serious crimes -no immediate threat),
and non - posted (lesser crimes). He reported that the City has three full address registrants
and five zip code registrants, which is less than some of the neighboring cities. He
explained that, when a registrant moves, they have five days to re- register in the city they
moved to. Further, when sex offenders register with the City, a picture is taken of them
and their car, and random checks are conducted to confirm that they still reside in the
City. He stated that the Police Department also works with parole officers and that a
national database gives them the ability to track violators. He reported that the Megan's
Law website is linked to the City's website.
In response Council Member Curry's question, Police Chief Klein stated that, because the
City has such a small number of registrants,they have a good idea of who isin town and
registered.
In response to Cynthia Koller's question, Mayor Rosansky stated that by law, out -of -state
violators have five days to register.
Motion by Council Member Curry to receive and file the report.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Daigle, Council Member Gardner
Absent: Council Member Webb
15. BUDGET AMENDMENT FOR PROFESSIONAL LEGAL SERVICES FOR
EELGRASS ISSUES IN LOWER NEWPORT BAY. (100 -2007]
Dolores Otting applauded the City for addressing the eel grass issue. Council Member
Gardner explained that the City was concerned that the State had a blanket ruling that
had no basis in science, there was no way for them to justify it, and they didn't follow their
noticing provisions. Council Member Daigle added that permits will be granted faster with
less onerous conditions.
Motion by-, Council._ Member_ Henn to approve a budget amendment (08BA -008)
transferring $165,000 from General Fund unappropriated reserves to the City Attorney's
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Professional and Technical account 0510 -8080.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Daigle, Council Member Gardner
Absent: Council Member Webb
XIV. PUBLIC HEARING
16. AERIE (PA2005 -196) - 201 -205 & 207 CARNATION AVENUE AND 101 BAYSIDE
PLACE - THE PROJECT CONSISTS OF THE DEMOLITION OF AN EXISTING 14-
UNIT APARTMENT BUILDING AND SINGLE - FAMILY RESIDENCE AND THE
CONSTRUCTION OF A NEW, 9 -UNIT RESIDENTIAL CONDOMINIUM
BUILDING. (100 -2007]
Senior Planner Campbell utilized a PowerPoint presentation to display photos of the 1.4
acre site. He explained that the existing 12 unit apartment complex and single family
dwelling will be demolished to make way for a nine unit condominium complex. He
discussed the applications for the General Plan, Coastal Land Use Plan (CLUP), Zoning
Amendments, tract map, and modification permit. He stated that the Planning
Commission dealt with the issues of public access and public views which are protected by
policies, such as the Predominant Line of Existing Development ( PLOED). He explained
that the PLOED is more specific and restrictive than General Plan policies and the
methodology used to determined PLOED was calculated by taking a representative block
of homes and determining the median of the distance to a reference point.
In response to Mayor Rosansky's question, Senior Planner Campbell stated that a resident
has the right to build to the PLOED which does not automatically override the CLUP.
In response to Council concerns, Senior Planner Campbell stated that the six policies in
the CLUP that are related to this project can be reviewed in the Planning Commission's
April 5th staff report.
In response to Council Member Gardners question, Assistant City Manager Wood stated
that the expectation of the CLUP was to conform to the General Plan in regard to land
uses more so than in the protection of coastal resources.
In response to Council Member Daigle's questions, Senior Planner Campbell stated that
Ocean Boulevard has a height limitation and Carnation does not. He also stated that the
Planning Commission considered the area to have two separate bluffs.
In response to Council Member Henn's question, Senior Planner Campbell stated that,
even if Channel Reef was included, it will only move the PLOED down one foot. City
Attorney Clauson stated that it is their interpretation that the applicant has a right to
develop to the PLOED but they do not have the right to establish where the PLOED is,
only the City has that right. She noted that other policies can be considered and modified
to lessen the impact on the bluff.
Senior Planner Campbell reported that the project includes two parking lifts that will take
the cars down to three subterranean parking levels, construction management for the
moving of 32,000 yards of soil, and traffic flow for concrete trucks and dirt haulers. He
stated that there is a mitigation standard as part of the conditions of approval that
requires a detailed construction management plan to minimize construction disruption. He
discussed the environmental document and the comment letters that the City has received.
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In response to Council Member Curry's questions, City Attorney Clauson stated that she
has not had the opportunity to fully review the Mitigated Negative Declaration (MND)for
this project. Senior Planner Campbell stated that the declaration has been available for
review forabout 32 days and two drafts were given to the Planning Commission.The
document was revised again to include that theapplicantagreed to not buildbeyond the
PLOED.
In response to Council Member Henn's questions, Senior Planner Campbell stated that the
Planning Commission found a reasonable line between the two bluffs and the applicant
left the bluff more intact to lessen the impact.
In response to Council Member Daigle's questions, Senior Planner Campbell displayed the
plans and topography of the units. He stated that there are two ways to get down to the
beach and each level is pulled further away from the water. He noted that the project
includes elevators and other amenities.
In response to Mayor Rosansky's questions, Senior Planner Campbell stated that, as a part
of the conditions of approval, the project will include a signaling mechanism to know which
elevator to pull in front of. Further the two elevator lifts will rest at street level when not
in use. The street level parking lot will hold three guest spaces, and residents will have to
let guests inside. He agreed that it is not the most efficient and convenient parking
arrangement. City Attorney Clauson clarified that elevator access for vehicles in Newport
Beach have currently only been for single family residences.
Senior Planner Campbell utilized slides to describe each floor and stated that the new
building will be ten feet higher than the existing building but is still consistent with the
height limits.
City Attorney Clauson reported that the City can't take action on the issue tonight because
there is no determination on whether if there is an approvable MND at this time. She
explained why her office did not have an opportunity to respond or look at the comments
that were raised before the public hearing.
In response to Mayor Rosansky's concerns, Senior Planner Campbell stated that staffs
PLOED recommendation is 50.7 feet in order to protect public views. He assured Council
that the project is consistent with minimizing the impact to public coastal views if it is
built within the PLOED.
City Attorney Clauson stated that Council will first need to determine the PLOED and
then look at other policies to minimize the impact. She stated that it is up to Council to
determine if they want to give guidance at this time, but she's not in the position to advise
Council on the MND.
In response to Council questions, Senior Planner Campbell stated that staff is asking for
guidance from Council to help decidethe PLOED for this project. Mayor Pro Tem Selich
believed that the PLOED should be used as a factor along with other factors, and should
not dominate the approval. City Attorney Clauson stated that an ideal situation is that the
PLOED is determined prior to designing projects. She added that Council is free to
determine the PLOED.
In response to Council Member Curry's question, Senior Planner Campbell stated that the
applicant made adjustments to protect and preserve the bluff. He reported that there is no
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set calculation to determine the PLOED and the Planning Commission did look at the
MacIntosh house on Ocean Boulevard to help determine the PLOED.
Rick Julian, applicant, stated that he has been working on the project for over four and a
half years, changed the project to not go down as far on the bluff, created a 50% increase in
view on the corner of Ocean Boulevard and Carnation Avenue, kept a large portion of the
project at single height to maintain residential views, and windows were limited on the
south side for the neighbor's privacy. He reported that the actual building footprint is only
1,400 sq. feet larger than the existing building, the project can accommodate 32 cars, two
golf carts and three extra public spaces on Carnation, and the building is state -of -the -art
for environmental purposes. He believed that benefits include public views, increased City
tax rolls, and reduced traffic by going from 12 to nine units. He extended an invitation to
residents to come to him with concerns. He stated that, on May 17, six Planning
Commissioners voted and found that the AERIE Project was in full conformance with the
CLUP and recommended that Council approve the project. He added that he has continued
to listen to the residents and has proposed to move the project back even more to please
the neighbors.
Brion Jeannette, project architect, utilized a PowerPoint presentation. He discussed his
solution and showed the aerial view of theproposed building outline, public view from
Carnation and Ocean Boulevard, categorical exclusion zone, setbacks, shore cliffs, and
photos of the bluffs since 1908. He stated that each unit will be approximately 5,000
square feet and, of the 32 parking spaces, only 18 are serviced by the elevators which have
an automated parking system with lights and signals. He reported that the Planning
Commission approved the original plan but the applicant moved the building back nine
feet, which is substantially less than what the current code allows.
In response to Mayor Pro Tem Selich's questions, Mr. Jeannette stated that the AERIE
project can be taken to the Coastal Commission for their review, but they would not want
access to the beach from this site because it is dangerous.
Council Member Gardner believed that the project is not living up to the CLUP and
General Plan. She suggested that Council not approve this project because Ocean
Boulevard should not be included when determining the PLOED.
Motion by Council Member Curry to continue the item.
Marco Gonzalez, attorney from Coast Law Group, displayed a PowerPoint presentation to
show CEQA fundamentals that need to be considered. He talked about the Coastal Act
Fundamentals that included rules from statute and case law. He believed that the MND
violates CEQA and that the Coastal Commission will not approve this development.
Tim Paone, counsel for the applicant, stated that they will provide communication on the
issues assuming there is a continuance.
Bud Rasner stated that he lives within 100 feet of the project and supports it. He
commended the Planning Commission on their due diligence. He believed that approving
the application is necessary and will not adversely affect public welfare.
Ross Billings believed that the AERIE project is a bit much.
Jeff Beck believed that the Planning Commission overlooked the horizontal and vertical
lines of development and that the project is in violation of PLOED.
Mr. Mahadi stated that the bluff has to be protected. He feels that things can go wrong
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during the excavation and hopes that Council limits the amount of building on the bluff
Bill Varon stated that he supports the AERIE project because he doesn't want to see
another building that would take away every square inch of dirt and air. He stated that he
appreciated that the project will open up views.
Kent Moore expressed support for the project and took issue with some of the tactics that
neighbors are taking. He believed that this project will end up being one of the most
magnificent and admired projects in the City.
Richard Casper expressed concern with the welfare of the community and believed that
more attention should be spent on the infrastructure of Newport Beach and not on
building projects.
John Martin stated that, while reading through the MND, he came up with 31 items he
felt were potentially significant impacts and expressed support for the direction Council is
taking. He believed that the destruction of the natural slope is being overlooked and
recommended that Council require an environmental impact report. He expressed concern
for cave -ins while grading. He believed that the parking plan is not convenient, the streets
will be impacted, and more examination and information is needed before approving the
project.
Doug Snyder expressed support for the project and believed it meets all of the zoning
codes.
Brian Boyle commended the project and believed that it adds to the community.
Francois Badeau commended Mr. Julian for meeting with the residents to ask for their
input and believed that the area will be much nicer than it is now.
Dick Hunsaker expressed support for the project and didn't believe that the construction
will be burdensome.
John Cummings expressed support forthe project and believed that it is well thought out.
Rob Piatti stated that the PLOED can cause a greater bluff loss and believed the project is
out of scale for the area. He added that the two to four years of construction will impact
the neighborhood which already has traffic problems. Further, parking is already a
concern and the project will only add to the problem.
Marilyn Beck expressed opposition to the project because it is massive for the
neighborhood.
Dolores Otting stated that, if the Planning Commission meetings were on the web or
televised, the project would not continuously be postponed. She noted that EQAC did not
have the opportunity to comment on the last MND. She explained EQAC's role in the
PLOED and stated that the minutes and the report of the Planning Commission meeting
differ. She emphasized that the PLOED needs to be established.
Ann Donahue Lampton believed that Mr. Julian has addressed the issues in the
neighborhood, but her concern is the height of the project because it will obstruct the views
of residents on Ocean Boulevard.
Dr. Jan Vandersloot expressed opposition to the project because it is inconsistent with the
Coastal Act, CLUP and General Plan. He believed that the Coastal Commission will not
approve the project because the applicant wants to go up in height and down on the bluff.
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He encouraged Council to define the PLOED to be 52 feet above sea level. He hoped that
Council will pay attention to the coastal bluff, public views, and public access.
Dick Nichols stated that the project will enhance the views and that homes are being built
on the bluff in other areas. He emphasized that Mr. Julian has compromised and worked
with the neighbors.
David Kovac expressed the opinion that the PLOED should have been determined prior to
the design of the project.
Mayor Pro Tem Selich stated that the Implementation Committee on the LCP will be
recommending that the PLOED be determined on all properties and believed that direction
should be given to Mr. Julian prior to sending the project back to the Planning
Commission. He believed that the PLOED is the maximum limit of where to build and the
other policies in the CLUP and General Plan take precedence over the PLOED. Further,
the structure is not m scale with the neighborhood and the project excessively alters the
bluff. He indicated that he will accept the City Attorney's and staffs interpretation
regarding the PLOED at this time. He stated that he wants any new structure to stay
within the footprint of the existing height limits. He asked that the applicant come back
with a structure that is reasonable within the scale of the existing development, and does
not result in an excessive alteration to the bluff.
Council Member Curry agreed with Mayor Pro Tem Selich, but believed that the project
should be continued to allow the applicant time to change some of the design elements and
bring them back to Council. He believed that the MacIntosh residence is the logical
reference point to establish the PLOED for this project; however, he feels that Council
owes the applicant a definitive position on the PLOED.
Council Member Henn stated that,if there is a lower height at the top of the project to
allow for more viewings, the project should be allowed to use more of the bluff. However,
this project wants to go higher in height and lower on the bluff. He recommended setting
the PLOED at a higher limit.
Council Member Daigle stated that there are adopted policies on visual quality and scale,
and feels that Council should uphold the policies. She agreed that the project should be
taken back to the Planning Commission because it's too far down the bluff.
Mayor Rosansky stated that he would like to send the project back to the Planning
Commission, keep the staff recommended PLOED, and exclude Ocean Boulevard from the
calculations.
Amended motion by Council Member Curry to include Mayor Rosansky's suggestion
of accepting the staff recommended PLOED, excluding the Ocean Boulevard property.
Mr. Paone stated that, if the PLOED were 52 feet the existing structure couldn't be
rebuilt. He reminded Council that the projectis a multi- family site not just a single family
dwelling.
Council Member Henn believed that it is punitive if the project's PLOED is 50 feet and
that Mr. Julian is giving up his height allotment.
Council Member Gardner stated that she agrees that there should not be a decision
tonight. She invited the applicant to come back with changes.
Mayor Pro Tem Selich stated that Council should give the Planning Commissions PLOED
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of 50.7 feet for the applicant to build around.
Council Member Curry withdrew his motion.
Mr. Jeannette reported that the street climbs to the north and indicated that he would
liketo meet with staff and bring the issue back to Council. He stated that he understands
that the bluff needs to be protected.
Motion by Council. Member_ Daigle to send this issue back to the Planning Commission
with the direction to utilize the staff recommended PLOED of 50.7 feet.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Selich, Mayor Rosansky, Council Member Daigle, Council Member
Gardner
Noes: Council Member Henn, Council Member Curry
Absent: Council Member Webb
XV. PUBLIC COMMENTS
In response to Dolores Otting's questions, Mayor Rosansky stated that the City Attorney hires
outside counsel and trial dates are set by a judge. City Attorney Clauson explained that she is
required by the Brown Act to show that they are discussing issues regarding litigation.
Dolores Otting reported that she fell on Spyglass Hill Road and wished that the area were cleaned
properly.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES -None
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT_
XVIII.
17. PLANNING COMMISSION AGENDA FOR AUGUST 9, 2007. (100 -2007]
Planning Commission Director Lepo reported on the following items: Pacific View
Memorial Park (PA2006 -282); Knight Appeal (PA2007 -137) - 312 Hazel Drive; Arco Gas
Station Convenience Store (PA2007 -059) - 2100 Bristol Street, Screening of Mechanical
Equipment(Code Amendment No. 2007- 004)(PA2007 -056)
18. APPROVAL OF TEN YEAR AGREEMENT WITH CR &R INC. TO PROVIDE
FULLY AUTOMATED RESIDENTIAL REFUSE COLLECTION SERVICES IN
NEWPORT COAST. [100 -2007]
General Services Director Harmon stated that the agreement with CR &R has been
completed and they will begin servicing Newport Coast on October 1, 2007. He pointed out
the changes to the agreement and informed Council that they received the most recent
agreement tonight. He reported that the payment to the contractor will be based on the
Consumer Price Index (CPI) which holds a cap of 3% per year.
In response to Council Member Henn's questions, City Attorney Clauson stated that the
contract will be amended to include that, on an annual basis, the increase is to be applied
to that year. She confirmed that the example in the agreement is wrong and will lead to
wrong conclusions.
In response to Mayor Pro Tem Selich's questions, General Services Director Harmon
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stated that Waste Management has a 15% mark up for shareholders, and reported that the
only way a fee increase can be granted in the new contractis by CPI, landfill increase, and
an increase in recycling fees. However, it is up to Council to approve any increases.
In response to Council Member Daigle's questions, General Services Director
Harmonstated thatit is up to Council to approve new programs and that,
inCR &R'sproposal,they will sort the mixed waste and educate the communities about
recycling. He also stated that there will be a survey done prior to the new contract that
will set parameters for future performance standards. He also talked about changes to the
insurance, termination of the contract, and the time to cure default. He reported that the
cost savings will be approximately $200,000 per year.
Motion by Council Member Henn to approve the terms of the agreement and award a
ten -year agreement with CR &R Inc., through September 30, 2017, to provide fully
automated residential refuse collection services in the Newport Coast area.
Dean Ruffrage, CR &R, introduced his staff and thanked Council. He stated that his intent
is to reduce the amount going to the landfill by adding a considerable amount of
commodities.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Daigle, Council Member Gardner
Absent: Council Member Webb
XIM CUR RENT_BUSINESS
19. APPROVAL OF THE REORGANIZATION PLAN FOR THE PUBLIC WORKS
DEPARTMENT. (100 -2007]
Public Works Director Badum displayed a PowerPoint presentation to discuss the
reorganization of the department and stated that he has employees ready to be promoted.
In response to Council Member Daigle's questions, Public Works Director Badum stated
that the reorganization allows for project managers to work solely with individual projects.
He described how the Principal Engineers will be mid - management, with Associate
Engineers and other staff reporting to them when needed.
In response to Council Member Henn's question, Public Works Director Badum stated that
there are no viable candidates for the Deputy Public Works Director position and that
there is a problem with getting more experienced employees.
Motion by Council Member Gardner a) approve the proposed Reorganization Plan
for the Public Works Department; and b) authorize staff to make the necessary changes to
implement the approved Reorganization Plan.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Daigle, Council Member Gardner
Absent: Council Member Webb
S21. CONFIRMATION AND /OR CLARIFICATION OF RESOLUTION NO. 2007 -55
APPROVING AN AFFORDABLE HOUSING IMPLEMENTATION PLAN AND
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M
M
MEMORANDUM OF UNDERSTANDING (MOU) FOR THE SANTA BARBARA
CONDOMINIUM PROJECT (PA 2004 -169) AND DIRECTING THE USE OF $5
MILLION TO BE PAID PURSUANT TO THE MOU. 1100 -20071
City Attorney Clauson stated that there was an issue raised regarding the adequacy of the
agenda item that was on the last agenda. She indicated that the appropriate action was to
reagendize the report andhave council reconsider the item under a new motion. Further,
she reported that she realized thatone of the conditions needed more clarification relative
to the concept of repayment to the Park Fee Fund. She reported that Council can reaffirm
the original resolution or adopt the new resolution.
Motion by Mayor..Pro_Tern Selich to adopt Resolution No. 2007 -58, deleting Section 3
and rescinding Resolution No. 2007 -55, and schedule a separate discussion of Section 3 on
September 11.
Dolores Otting stated that the resolution did not make sense and was confusing.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Daigle, Council Member Gardner
Absent: Council Member Webb
MOTION FOR RECONSIDERATION - None
ADJOURNMENT -12:44 a.m. on Wednesday, August 15, 2007
The agenda for the Regular Meeting was posted on August 8, 2007, at 4:15 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 onAugust 10, 2007, at 1:57 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
J
F,, r
Recording Secretary
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