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HomeMy WebLinkAbout12/11/2007 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting December 11, 2007 — 7:00 p.m I. STUDY SESSION - 3:30 p.m. II. CLOSED SESSION - 6:35 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 Webb VIII. INVOCATION - Pastor Bob Brogger, Mariners Church IX. PRESENTATIONS Proclamation Recognizing Masao Kato for Sister City Association with Okazaki, Japan - Mayor Rosansky read the proclamation and presented it to Cherri Myers, 2007 President of the Sister City Organization, on behalf of Mr. Kato. . OC Marathon - Peggy Fort and Coach Sumner provided a PowerPoint presentation with information about the marathon. Coach Sumner stated that there are 14,000 runners, 40,000 spectators and the race has generated over $4 million to the community and $1.7 million to support 13 Orange County based charities. Participants can register online at ocmarathon.com and will receive a discount by using the coupon code "ocmb" or they can call (949) 222 -3327. They presented Mayor Rosansky with a 2008 OC Marathon poster. Library Foundation Check Presentation - Tom Edwards, Newport Beach Public Library Foundation, presented a check for $100,000 to help with the library s information system. He thanked the residents and stated that tax deductible donations can still be made via their website. Friends of the Library Check Presentation - Library Services Director Linda Katsouleas stated that the library staff appreciate Council, the Library Foundation and Friends of the Library. Mark Flank, Friends of the Library, presented a check for $7,500 to help provide the library with a new delivery system and expand the store. "Adopt a Beach" Recognitions - Stephanie Berger, Earth Resource Foundation recognized Volume 58 - Page 342 City of Newport Beach City Council Minutes December 11, 2007 residents who cleaned the beaches. She encouraged residents to get involved by calling the City or they can visit the website earthresource.org. Mayor Rosansky presented plaques to Herb Marshall, Pamela Garrett and the Shark Den Boys Soout. x REORGANIZATION A. ELECTION OF MAYOR. The City Clerk presides for the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. Council Member Rosansky nominated Council Member Selich for Mayor. Motion by Council Member Webb to close nominations and vote for Mayor. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Council Member Webb, Council Member Daigle, Council Member Gardner, Council Member Selich, Council Member Rosansky B. ELECTION OF MAYOR PRO TEM. The Mayor presides for the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. Council Member Webb nominated Council Member Daigle for Mayor Pro Tem. Motion by Council Member Curry to close nominations and vote for Mayor Pro Tem. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Selich, Council Member Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner C. SEATING ARRANGEMENTS FOR CITY COUNCIL. The Council Members decided on the seating arrangement for the Council dais, with the senior Council Members having first preference. The following seating order was determined (left to right): Henn - Rosansky- Daigle- Selich- Webb- Curry- Gardner D. REMARKS. Presentation of Gavel Plaque to Outgoing Mayor - Mayor Selich presented the gavel plaque to outgoing Mayor Rosansky. Outgoing Mayor's Remarks - Outgoing Mayor Rosansky stated that the honor of being Mayor was a great pleasure. He stated that his main goal as the Mayor was to satisfy the wants of the residents. He discussed major projects that occurred while he was Mayor and thanked staff for their support. New Mayor's Remarks - Mayor Selich thanked his colleagues for the opportunity and insured them that he will do his best. He introduced and thanked his family and Volume 58 - Page 343 City of Newport Beach City Council Minutes December 11, 2007 stated that being elected. as Mayor is a high honor and he looks forward to the responsibilities. He spoke about City projects that he will work on in the next year, such as the OASIS Senior Center, Sunset Ridge Park, and new fire and police stations. XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WO-MD-LIKE - PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT. (NON - DISCUSSION ITEM): Council Member Curry commended the Sister City Association for the breakfast and the Recreation Department for the snow day at Bonita Creek Park. Council Member Webb reminded everyone about the Annual Christmas Boat Parade. Council Member Henn stated that he would like staff to have a plan and recommendation that Council can take action on at the first meeting in January in regard to the group home ordinances. The mandate should be that Council act upon the ordinances with speed and effectiveness. He would at that time like to see information about the demand for resources and time, an action plan, identification of specific resources for fast execution including hearings, support staff necessary to support the activity, and a budget recommendation to implement the ordinance. Council Member Rosansky reported that he attended the 22nd graduation of the Citizen Police Academy, .which is a three month program that allows residents to get exposed to the, operation of the Police Department. He informed, residents that the next program will start on February 21st and encouraged them to join. Council Member Rosansky also reported that he participated in the second teleforum with City Manager Bludau, with airport issues as the topic. Council Member Rosansky announced that the City Clerk's Office is accepting unwrapped toys for the Annual Operation Christmas Drive in which toys for California military and their families are being accepted until December 21st. XIII. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF NOVEMBER 27, 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. ADOPTION OF THE 2007 CALIFORNIA FIRE CODE (TITLE 24, PART 9) AND THE 2006 INTERNATIONAL FIRE CODE WITH AMENDMENTS AS PART OF THE NEWPORT BEACH MUNICIPAL CODE. [100 -20071 Adopt Ordinance No. 2007 -18 amending Title 9 of the NBMC to adopt the 2007 California Fire Code (Title 24, Part 9 of the California Code of Regulations) and local amendments, and the 2006 International Fire Code. Volume 58 - Page 344 City of Newport Beach City Council Minutes December 11, 2007 4. ADOPTION OF THE 2007 CALIFORNIA BUILDING CODES. 1100 -20071 a) Adopt Ordinance No. 2007 -19 for local amendments; and b) adopt Resolution No. 2007 -77 setting forth findings based on local conditions within the City which make certain modifications and changes to the California Building Code and the California Plumbing Code reasonably necessary. C. RESOLUTIONS FOR ADOPTION D. CONTRACTS AND AGREEMENTS 5. AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE - APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. (C- 3870). [381.100 -20071 a) Approve an Amendment to the Professional Services Agreement with Weston Solutions, Inc. of Irvine for administrative, professional and field services at a not to exceed price of $42,266 and authorize the Mayor and the City Clerk to execute the Agreement; and b) approve a budget amendment (08BA -031) transferring $20,566 from salary savings in the Engineering Division (5100 -7000) to Engineering Division Services Professional and Technical Account 5100 -8080. 6. BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC. AND APPROVAL OF BUDGET AMENDMENT. (C -3593) [381100- 20071 a) Approve a Professional Services Agreement with VA Consulting, Inc. of Irvine for design services at a contract price of $435,159 and authorize the Mayor and City Clerk to execute the agreement; b) approve a budget amendment (08BA -032) appropriating $28,222 to Account No. 7251- C5100709 and increasing revenue estimates by $28,222 representing a contribution from Orange County Sanitation District for preliminary design and CEQA documents for an OCSD maintenance access road; c) approve a budget amendment (08BA -032) appropriating $38,703 to Account No. 7251- C5100709 and increasing revenue estimates by $38,703 representing a contribution from Orange County Sanitation District for additional costs related to the design of the access roadway; d) approve a budget amendment (08BA -032) appropriating $50,000 to Account No. 7251- C5100709 and increasing revenue estimates by $50,000 representing contributions from The Irvine Company via The Irvine Ranch Conservancy to cover educational and interpretative elements for the project; and e) approve a budget amendment (08BA -032) appropriating $48,456 from the unappropriated General Fund Reserves (Tidelands) to Account No. 7231- C5100709 for the Big Canyon Creek Restoration Project. HARBOR AREA MANAGEMENT PLAN - AMENDMENT NO. i TO PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS (C- 8985). 1381100 -20071 Approve an Amendment to the Professional Services Agreement with Weston Solutions of Carlsbad for a mot- to -exceed price of $43,680 and authorize the Mayor and the City Clerk to execute the agreement. 8. NEWPORT BAY WATER MANAGEMENT PLAN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DUDEK (C- 4004). [381100 -20071 Approve a Professional Services Agreement with Dudek of Irvine for professional services in assisting with the preparation of a water management plan at a not to exceed price of $174,400 and authorize the Mayor and the City Clerk to execute the Agreement. Volume 58 - Page $45 City of Newport Beach City Council Minutes December 11, 2007 9. OCEANFRONT SAND REPLENISHMENT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT AND NICHOL FOR ENGINEERING SERVICES (C- 8957). 1381100 -20071 Approve a Professional Services Agreement with Moffatt & Nichol of Long Beach for professional engineering services at a not to exceed price of $98,268 and authorize the Mayor and the City Clerk to execute the Agreement. 10. DOLPHIN DEEP WATER WELL REHABILITATION (C -3978) - AWARD OF CONTRACT. 1381100 -20071 a) Approve the specifications; b) award contract (C -3978) to General Pump Company for the total bid price of $145,600, and authorize the Mayor and City Clerk to execute the contract; c) establish an amount of $15,000 to cover the cost of unforeseen work; and d) approve a budget amendment (08BA -029) appropriating $40,600 from the unappropriated balance of the Water Fund to Account No. 7503- C5500460. 11. APPROVAL OF SOLE SOURCE PURCHASE OF YOUTH PLAYGROUND EQUIPMENT AT NEWPORT ISLAND PARK AND WEST NEWPORT PARK (C- 4005). [381100 -20071 Approve a sole source purchase from Innovative Playgrounds Co., Inc. to replace the existing youth playground at Newport Island Park and West Newport Park in an amount not to exceed $60,000. E. MISCELLANEOUS 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY 2007 /2008 EXPENDITURE ACCOUNTS. [100 -20071 Approve a budget amendment (08BA -027) to increase revenue estimates by $100,000 in Account No. 4090 -5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation). 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO CAPITAL IMPROVEMENT PROJECT ACCOUNT FOR FY 2007/08.[100- 20071 Approve a budget amendment (08BA -028) to increase revenue estimates by $7,500 in Account No. 4091 -5892 (Friends of the Library Donations), and increase expenditure estimates by the same amount in CIP account 7011 - C1002008. Motion by Council Member Henn to approve the Consent Calendar. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry; Council Member Gardner XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XV. PUBLIC HEARINGS 14. WEST SANTA ANA HEIGHTS (WSAH) GENERAL PLAN AMENDMENT TO INCLUDE WSAH ON CITY LAND USE MAPS AND ASSIGN THE LAND USE CATEGORY DESIGNATIONS (PA2007- 209/GP2007 -007). [21/100 -20071 Assistant Planner Russell Bunim provided the staff report. and stated that the plan amendment is a process required by the Local Agency Formation Commission that has Volume 58 - Page 346 City of Newport Beach City Council Minutes December 11, 2007 to be done prior to the West Santa Ana Heights annexation on January 1, 2008. In response to kennel owner Stephe Marquart's question, Planning Director Lepo assured residents that there will be no changes to the zoning in Santa Ana Heights after the annexation. Lonnie Maurer owns a kennel and presented a letter that addressed the benefits of having kennels and recommended that Council not rezone the area. Robert O'Conner stated he also has dog care and boarding facility on Riverside Drive. Motion by Council Member_Rosanskv to adopt Resolution No. 2007 -78 approving General Plan Amendment No. GP2007 -007 to adopt land use categories for the area known as West Santa Ana Heights to be annexed into the City January 1, 2008 (PA2007 -209). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 15. NORTH NEWPORT CENTER PLANNED COMMUNITY (PA2007 -151) - 500 -600 BLK NEWPORT CENTER DRIVE, 42000 BLK SAN JOAQUIN PLAZA. (100- 2007] Dan Miller, The Irvine Company, provided a PowerPoint presentation and spoke about the new mixed uses in blocks 500, 600 and San Joaquin Plaza. The four separate land uses are residential, office, hotel and retail. The plan will allow them to work together in a cohesive manner. The new components and provisions include new setback standards, a parking management plan, landscape irrigation and addition of lighting. Rob Elliott stated that the design regulations are one of the most important features and it codifies both the zoning and design regulations into one integrated document. The design standards are:, building location and massing, landscape, circulation, orientation, identity, and safety which will be used to guide and evaluate proposed development in the planned community. Dan Miller reported that new plan will extinguish the current CIOSA and Bonita Canyon agreements that The Irvine Company has with the City. He stated that a group of City traffic engineers reviewed the plans and concluded that the proposal adds no new net traffic and allows the ability to attract businesses in Fashion Island. The City will receive $27 million for a development fee to be used to build a City Hall facility in which half of that amount will be given upon issuance of the first building permit. There will be a four year option to purchase a site within block 500 for the already determined appraised value and a guaranteed use of 300 to 375 exclusive parking spaces to serve City hall. The plan also transfers to the City 72,000 square feet of the 277,000 square feet of unbuilt company entitlement of office uses which will be transferred to block 500 to use for City Hall. The other aspects are $5.6 million toward the construction of the OASIS Senior Center, $5.6 million for park improvements, and $2.5 million for roadway improvements. The City is also allowed to use the remaining CIOSA funds of $2.2 million for roadway improvements designated by the City. If there's a City Hall built next to the Library or the OCTA site they will dedicate 3.2 acres for park and open space purposes. In addition, there will be water quality enhancements and they have agreed to dedicate a 4 acre site known as Lower Castaways to be used for marine and recreation purposes. The Irvine Company asked Volume 58 - Page 347 City of Newport Beach City Council Minutes December 11, 2007 Council to consider the approval of resolutions, ordinances, zoning code amendments, the Planned Community Development Plan, design regulations, the traffic study, affordable housing implementation plan, the development agreement and Transfer of Development rights. They are in agreement with the Planning Commission height limits and parking management plan. Assistant City Manager Wood talked about future plans for Newport Center and stated that the planned community is significant because it is the first zoning document that Council has before them to implement the 2006 General Plan and it is creating one place that people can go to look for regulations. She indicated that this will be the first time the Council has procedures to approve transfer and development rights. Transfer of development rights can be approved as long as it is consistent with the intent of the General Plan and doesn't result in adverse traffic impact. She pointed out that the design regulations implement the policies that are in the General Plan and that there is a plan review process. The Planning Commission recommended changes to the parking requirement for General Office of one parking space per 375 square feet of general office. The City hired Austin Faust Associates to prepare a traffic analysis of the transfer which resulted in the PM peak hour staying the same. There was also an analysis of density. She reminded Council that the project is required to have a development agreement that meets all requirements of code. Austin Faust found that there will be impacts at three intersections: MacArthur Blvd., San Joaquin Road, and Pacific Coast Highway at Goldenrod and Marguerite. She stated that the Affordable Housing Implementation plan requires 15% of the units to be affordable and the Planning Commission voted to not have affordable housing concentrated in one building. Council Member Gardner believed that water quality is good and the plan would allow more opportunity to improve the water system, parking improvements and extend landscaping by using smart timers for irrigation. She also suggested that the paving be constructed in lighter colors. She emphasized the importance of placing housing in sites that are already developed and energy equipped. Council Member Curry said he supports the Planning Commission's recommendation that the affordable housing units be spread throughout the buildings. Council Member Webb clarified that page 16 of the staff report should read 3rd left turn lane. He expressed appreciation of the dedication of the four acre waterfront called Lower Castaways because it helps with water quality of the upper bay and allows the City to operate and provide resources for the maintenance of harbor facilities. Council Member Henn stated that the agreement is good and favors the City. Council Member Rosansky stated that there are benefits to the City that will be derived from this agreement. The major changes to the development agreement is to include a dedication of the land within 30 days of the following: the City is awarded a contract for the construction of City Hall at any location within the City or the option to puchase the City Hall on The Irvine Company's property is terminated. Mayor Pro Tem Daigle expressed her appreciation to The Irvine Company and their willingness to put water quality methods in place and the benefit to the public. In response to Council questions, City Attorney Clauson clarified that the development rights for the hotel units in the Hyatt Newporter property are protected. She also stated that there are changes in attachment A -2 in the development agreement which did not include some properties. She stated that she can add maps to the legal Volume 58 - Page 848 City of Newport Beach City Council Minutes December 11, 2007 descriptions as requested. Brook Morris, President of Newport Hills Community Association, believed that the implementation of the affordable housing is too concentrated in one location and requested that there be no more than 50% of low income housing at the Child Time location. Evelyn Hart, spokesperson for the Friends of OASIS, stated that the project is important to fundraising. She encouraged Council to vote in favor of the project. Richard Luehrs reminded everyone that the 99th Annual Christmas Boat Parade will start on December 12th. He expressed support for the project and read a letter in favor of the project that was signed by himself, Jean Watt and Jan Vandersloot. George Shroeder stated that he attended all of meetings regarding the project and he encouraged Council to vote in favor of the agreement because it is a fair and reasonable plan. Scott Smith, Best Best and Krieger, representing Mr. Presta, noted that they worked with staff and The Irvine Company regarding parking issues and came to an agreement to his satisfaction. Tom Orbe noted that the intent of affordable housing is to allow low income residents to mix with other residents, so having the affordable housing concentrated in one area is not beneficial. He asked Council to.do a seperate traffic study to ensure the safety of children using the nature path. Alisha Santana, Law Firm of Liebold, McClendon and Mann, spoke on behalf of Greenlight. She urged Council not to approve the plan or EIR unless three things occur: the City comply with the Planning and Zoning law, the City prepare and certify a legal subsequent EIR for the plan and the project be voted on by the residents. Dino Savant questioned the number of units in the plan and how many will be used for affordable housing. Assistant City Manager Wood noted that the goal is to have an average of 15% of the total units provided as affordable housing. The type of income and the type of construction suggests the number of affordable housing that will be available. Kim Rodosky expressed her concern for safety of the bike paths, traffic concerns, parking and lighting. She stated that low income housing should be spread out more. Jeff Bethel indicated that he didn't understand the City's definition of concentration and he believed that disbursing the units should be done throughout the City. Dan Miller stated that there are 556 units in the Bay Apartments today, 46 of them are already affordable housing. Assistant City Manager Wood noted that the Regional Housing Needs Assessment (RHNA) for the upcoming planning period has a goal of 1743 units and three quarters of that is needed for very low and moderate income housing. There will be opportunities to disburse the housing throughout the community with future projects. Council Member Curry clarified the income classes and stated that the residents using affordable housing are working class families, single parents and senior citizens. Volume 68 - Page 349 City of Newport Beach City Council Minutes December 11, 2007 Steve Orosz, traffic engineer retained by the Greenlight PAC to review the complex traffic study, talked about the trip rates for am and pm hours. He emphasized that it is relevant for Council to consider what happens in the am peak hours as a part of a test for traffic neutrality. Robert O'Hill expressed concern that the Newport Beach Country Club has been forgotten because the project changed hotel units to office units. Mark Binder stated that he is concerned about affordable housing because the element of the people can be different and the buildings are in close proximity to schools and children in the neighborhood. He urged Council to disburse affordable housing throughout the City. Philip Arst stated that there are deficiencies in the development plan that should be resolved because people are not aware of the traffic nuisance. He urged Council to disapprove the development agreement and return it to The Irvine Company to bring all portions of it into compliance with State Law. Assistant City Manager Wood indicated that there is confusion with regard to the socio- economic model, which is required by the Orange County Transportation Authority to be compatible and eligible for regional funds. She noted that for the transfer of development rights the ITE trip generation rates and pm peak hours was used. In response to Philip Arst's concerns, City Attorney Clausen stated that Measure S does not apply to the application because there is no General Plan Amendment. This development entitlement is consistent with what was adopted by the voters when they approved the Land Use plan as a part of the General Plan in 2006. Bob Caustin, representing Stop the Dunes and Defend the Bay, stated that the project doesn't properly address water quality issues and that it is a problem for health and public well being. He stated that parking and traffic issues haven't been properly addressed and urged Council to continue to negotiate a better deal for the City. Cora Lee Newman applauded Council's efforts and stated that the project is a great benefit for the City. She asked for clarification about the CIOSA extinguished agreement and wanted Council to assure her that the Hyatt project is fully vested. Michelle Bethel asked Council for reconsideration of low income housing by redistributing it throughout the City. Charles Roy expressed his concerns about concentration of affordable housing particularly the childcare site and would like the number of affordable housing to be limited and not continue to grow. Tim Epp stated that he would like a clarification on the word "concentration" used in the project plans and would like for Council to agree upon disbursing the low income units throughout the City. Beverly Schuberth stated that she supports affordable housing and thanked Council Member Curry for his explanation of low income. She stated that she would like to see more affordable housing throughout the community. Larry Porter stated that he is concerned because the approval of the agreement is going too fast. He indicated that the details are not clear and encouraged Council to listen to Volume 58 - Page 350 City of Newport Beach City Council Minutes December 11, 2007 their fellow citizens and spend more time on this issue. Dolores Otting provided a handout on ballot Measure V. She briefly talked about the policy, General Plan, and a.m. and p.m. traffic. She stated that Council changed the traffic methodology. Assistant City Manager Wood stated that one of the drafts of the Land Use Element had a policy that allowed for the conversion from hotel rooms to residential entitlement and people did not vote. However, transfer of development rights did remain in the plan. Larry Tucker stated that the agreement is not rushed because the information was available to everyone on the web, in the newspaper and at meetings; therefore, the City should proceed with this great opportunity. Motion by Council Member Henn to a) adopt Resolution No. 2007 -79 approving the Addendum to Final Environmental Impact Report (SCH No 2006011119) for the City of .Newport Beach General Plan 2006 Update; b) introduce Ordinance No. 2007 -20 including maps identified as exhibits B -F proposed parking changes, approving Code Amendment No. CA2007 -007 and Planned Community Development Plan Amendment No. PD2007 -003 and pass to second reading on December 18, 2007; c) introduce Ordinance No.. 2007 -21 approving Development Agreement No. DA2007 -002 with amended provisions for paragraphs 4.6 pertaining to the timing of dedication of a 3.1 acre on San Miguel Drive, paragraph 4.9 pertaining to water quality improvements in Fashion Island parking areas and paragraph 4.11 pertaining to the City's use of Lower Castaways, and a change in the legal description for block 500 in Exhibit A, and pass to second reading on December 18, 2007; d) adopt Resolution No. 2007 -80 approving Traffic Study No. TS2007 -001; e) adopt Resolution No. 2007 -81 approving the Affordable Housing Implementation Plan with additional language that no more than 50% of the units at the Child Time site shall be affordable and the remainder of the affordable units shall not be concentrated in one single building in the Bays complex; and i) adopt Resolution No. 2007 -82 approving the Transfer of Development Rights. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem. Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 16. APPEAL OF MODIFICATION PERMIT NO. 2007-050,1132 EBBTIDE ROAD - APPROVAL OF HEDGES, A PORTION OF AN ENTRY GATE, A PILASTER, AND SCULPTURES TO EXCEED THE 3 -FOOT HEIGHT LIMIT WITHIN THE REQUIRED 86 -FOOT FRONT YARD SETBACK AND APPROVAL OF AN EXISTING 9.5- FOOT -HIGH DRIVEWAY GATE TO EXCEED THE 6 -FOOT HEIGHT LIMIT WITHIN THE REQUIRED 6 -FOOT SIDE YARD SETBACK. [100 -20071 Senior Planner Jaime Murillo provided the staff report which included the background and purpose of the permit. He notified Council that after discussing the difficulties that the residents were experiencing, the Planning. Commission decided to approve the permit. Motion by Council Member Henn to adopt Resolution No. 2007 -83 modifying the approval of Modification Permit No. 2007 -050. Volume 58 - Page 351 City of Newport Beach City Council Minutes December 11, 2007 I i! The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem. Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Stephanie Berger expressed her concern about the extraction of animals at Little Corona. She urged Council to protect the resources that the City has_ Council Member Gardner announced that the Coastal Bay Water Quality Committee will be discussing the issues of Little Corona at their next meeting. Dolores Otting provided a handout of information from the .City's website regarding fluoridation. She suggested that the website be enhanced to be more user friendly and provide more information. Larry Porter expressed his concern about fluoridation and its effects and asked Council to stop fluoridation of water in the City. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XVIII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 17. PLANNING COMMISSION AGENDAS FOR NOVEMBER 29, 2007 AND DECEMBER 6,2007.1100-20071 'Planning Director Lepo reported on the following items: Planned. Community Text Amendment No. 2007 -004 (919 Bayside); and Joyce LCM RedWillow residence (418 Redlands). XDL CONTINUED BUSINESS 18. MCFADDEN SQUARE CENTENNIAL LEGACY PROJECT: APPROVAL OF THE INITIAL DESIGN AND PROGRESS PAYMENT. 1100 -20071 Kirwan Rockefeller, Chairman of the Newport Beach Arts Commission, provided handouts and provided a PowerPoint presentation that had a status update report on the McFadden Square sculpture provided by Mr. Hank Kaminsky. The PowerPoint included images, the wording, layout of the sculpture and the timeline used on the clay model. He encouraged Council to make changes and suggestions before the final model is presented. In response to City Attorney Clauson, Mr. Rockefeller clarified that the $30,000 should be released to Mr. Kaminsky as agreed for the photographic evidence of the clay model. Motion by Council Member Henn to approve the initial design and clay model of the proposed artwork for the McFadden Square Centennial Legacy Project and authorize payment of the first installment payment of $30,000 to Artist/Sculpture Hank Kaminsky. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Volume 58 - Page 352 City of Newport Beach City Council Minutes December 11, 2007 XX, CURRENT BUSINESS 19. APPROVAL OF THE REORGANIZATION OF THE BUILDING DEPARTMENT. 1100 -20071 City Manager Bludau informed Council that contracting out work can be a problem because the City has adopted new building codes. He believed that the best way to deal with the new code adoption is to hire additional staff- Jay Elbetter presented a PowerPoint that showed the current positions and proposed changes in the department. He concluded that the proposal will satisfy the needs for the department and adjusted fees can cover the costs. In response to Council Member Rosansky's question, Building Director Elbettar stated that certain- staff members can be moved to offsite office space. Assistant City Manager Wood agreed that it is more important for staff with public contact to stay at City Hall. In response to Council Member Henn's questions, Building Director Elbettar stated that the workload has dropped, however, the new code would require implementation of changes: a transition period for training, an update of forms, an update of policies and procedures, and new reports. He stated that the cost offset for the new staff will come from the reduction of fees to consultants. It will prevent a future budget amendment to the professional and technical account. In response to Council Member Henn's question, City Manager Bludau stated that the City does not have a system to control the number of consultants. Building Director Elbettar explained that the use of .outside consultants is not a specific position, it is volume based. The fees will be adjusted in the new fee study to cover the new staff needed. In response to Mayor Pro Tem Daigle's question, Building Director Elbettar stated that currently there are not enough employees or supervisors to make building decisions. However, he felt that having two Principal Engineers to render interpretation and direction to employees is the best for the department at this time. In response to Council Member Webb's question, Building Director Elbettar stated that there's no college curriculum to provide the training that is needed in his department. The positions will be tiered and the higher positions are for more experienced and certificated employees and they will look at the beat qualified candidate for the positions. In response to Mayor Selich's question, Building Director Elbettar stated that the recruitment has been in place for. the Plan Check Engineer position. However, the Principal Engineer position might take longer because a job classification has to be produced. Motion by Council Member Henn to a) approve the proposed reorganization plan including three new and five reclassified positions for the Building Department; and b) approve a budget amendment (08BA -030) to appropriate $117,743 from unanticipated General Fund revenue to the Building Department's salary and benefits account numbers 2910-7000,2920-7000, and 2930 -7000. Volume 58 - Page 353 City of Newport Beach City Council Minutes December 11, 2007 The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner XXI. MOTION FOR RECONSIDERATION - None XXII. ADJOURNMENT - 11:14 p.m. to Tuesday, December 18, 2007 at 6:00 p.m. The agenda for the Regular Meeting was posted on December 5, 2007, at 3:55 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Mayor Volume 58 - Page 354