HomeMy WebLinkAbout07/14/2009 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
July 14, 2009 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:17 p.m.
A. Conference with Legal Counsel - ExistingLitieation (Government Code § 54956.9
W);
1. Status Report on Pending Litigation: We will report on a global basis on all
pending litigation involving the City. This is an informational item only. No
action, however, may be taken on any item unless it is specifically noticed below.
2. Group Homes Matters: Hive matters all arising out of the Group Homes
litigation brought against the City, as follows:
Concerned Citizen's v. City of Newport Beach - U.S. District Court Case No.
SACV 08- 00192-JVS (RNBx)
Sober Living By The Sea u. City of Newport Beach - U.S. District Court Case
No. SACV 08 -00200 JVS (RNBx)
City of Newport Beach v. Morningside Recovery - Orange County Superior
Court Case No. 07CC11694
Pacific Shores u. Newport Beach - U.S. District Court Case No. SACV 08.00457
AG (PLAx)
Newport Coast Recovery v. City of Newport Beach - U.S. District Court Case
No. SACV 09 -0701 DOC (ANx); .
S. Group Homes Matters: Six matters all arising out of the Group Homes
investigation brought against the City, as follows:
Pacific Shores v. Newport Beach - U.S. Dept. of Housing & Urban Development
Investigation No. 09 -08- 0592 -8
Newport Coast Recovery v. City of Newport Beach - U.S. Dept. of Housing &
Urban Development Investigation No. 09 -09 -0713 -8
Paul Murdoch v. City of Newport Beach - U.S. Dept. of Housing & Urban
Development Investigation No. 09 -09- 0831 -8
The Kramer Center v. City of Newport Beach - U.S. Dept. of Housing & Urban
Development Investigation No. 09 -09- 0833 -8
Oxford House v. City of Newport Beach - U.S. Dept. of Housing & Urban
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Development Investigation No. 09 -09- 0830.8
Yellowstone v. City of Newport Beach - U.S. Dept. of Housing & Urban
Development Investigation No. 09 -09- 0834 -8
4. IBC Litigation Matters: Four matters, all arising out of the IBC Litigation
against the City of Irvine:
Newport BeachlTustin v. City of Irvine (Martin Street), Orange County
Superior Court Case No. 07CC01264
Newport Beach/Tustin v. City of Irvine (2851 Alton), Orange County Superior
Court Case No. 07CC01265
Newport Beach/Tustin v. City of Irvine (Accessory Retail Business
Regulations), Orange County Superior Court Case No. 30- 2009 - 00264696
Newport Beach/Tustin v. City of Irvine (MCG), Orange County Superior Court
Case No. 30- 2008 - 0022885- CU- WM -CXC
B. Conference with Legal Counsel - Anticipated Litigation - Ex rosure to Litigation
{Government Code § 54956 9(§)) One matter:
1. Potential exposure to litigation on one matter based upon facts and circumstances
that might result in litigation against the City but which are not yet known to a
potential plaintiff or plaintiffs and disclosure of the facts or circumstances would
jeopardize the City's ability to resolve the matter.
C. Public Employee Performance Evaluation (Government Code § 54957(b)(1))•
Title: City Clerk
D. Conference with Real Property Negotiator LGLo vernment Code § 54956.81:
Pro a 608 E. Balboa Boulevard
City Negotiator: Sharon Wood
Negotiating Parties: Levan Gugasian
Under Negotiation: Consideration of acquisition of property
III. RECE35
IV, RECONVENED AT 7.00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich,
Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOS%D SESSION REPORT
City Attorney Hunt reported that Council voted to authorize the use of outside Counsel to defend
the City in the Newport Coast Recovery litigation (Item A.1).
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VII. PLEDGE OF ALLEGIANCE - Council Member Henn
VIII. INVOCATION - City Manager Homer Bludau
IX. PRESENTATIONS
AYSO 57 Presentation of the Mayors Cup Trophy - Phillip Greenberg, Regional
Commissioner, presented the trophy to Mayor Selich.
Recognizing July 2009 as Parks and Recreation Month -Mayor Selich presented the
proclamation to Park, Beaches, and Recreation Commission Chairperson, Marie Marston.
Proclamation in Honor of the Corona del Mar Library's 50th Anniversary - Mayor Selich
presented the proclamation to Library Services Director Cowell and Council Member Gardner
thanked her for her support in revitalizing the Corona del Mar branch.
X. NOTI E TO.THE PUBLIC
M. CITY _C.OUNCIL ANNOUNCEMENTS OR MATTERS WHICH_COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUMS ON. ACTION OR
REPORT (NON-DISCUSSION ITEM)
Mayor Selich announced that he was married on Saturday, July 11, and displayed photos. He
also announced that he was the Grand Marshal at the Annual American Legion Boat Parade.
Council Member Daigle reported that the City requested $1.78 million in grant funds to be used for
harbor dredging. The funds will also allow the U.S. Army Corps of Engineers to perform hydro
studies, provide engineering specifications, and obtain environmental documents over the next 12
months. She also reported that the City has all the funds needed to dredge the Back Bay and
noted that they are pleased with the ongoing Federal assistance that the City continues to receive.
Council Member Gardner reported that Newport Beach, Huntington Beach, and Costa Mesa
signed a memorandum agreement to join the Orange Coast River Park. The cities will soon
be meeting to pursue the agreement goals. She requested that an item be presented at a Study
Session to provide direction as to who will represent the City and to allow discussion about ideas,
concerns and issues.
Council Member Webb announced that his 70th birthday was Saturday, July 11.
Council Member Henn thanked the Police Department for their work on July 4th. He
discussed conducting a post 4th of July assessment to receive feedback from residents and to look
at other ways to make the event better for the residents and more cost effective.
Mayor Pro Tem. Curry reported that he and Council Member Daigle participated in the Mariners
Park July 4th Parade and Festival where City Manager Bludau served as the Grand Marshal. He
also reported that the Administrative Services Department received the Government Finance
Offices Association Certificate of Achievement for Excellence in b7:nancial Reporting. He thanked
Administration Services Director Danner for his work.
MI. CONSENT CALENDAR
A. READING OF MINUTES/ORDINANCES AND RESOLUTlO1V$
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1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR
MEETING OF JUNE 28, 2009. [100 -20091 Waive reading of subject minutes,
approve as amended and order fled.
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. ORDINANCE FOR AD OPTION
8. AMENDMENT OF CAMPAIGN CONTRIBUTION ORDINANCE, AS
REVISED, TO INCREASE THE LIMIT ON INDIVIDUAL CAMPAIGN
CONTRIBUTIONS TO $1,000, AND PROVIDE FOR ADJUSTMENT OF
CONTRIBUTION LIMITS BASED ON THE CONSUMER PRICE INDEX.
139/1'00 -20091 Adopt Ordinance No. 2009 -14, amending Chapter 1.25 of the
Newport Beach Municipal Code. [Council Member Gardner voted no on this
item )
C. RESOLUTION FOR ADOPTION
4. CONSTRUCTION/MAINTENANCE ACTIVITIES CODE AMENDMENT
INITIATION).' [100 -20091 Adopt Resolution No. 2009 -49 to initiate the code
amendment to limit construction and maintenance activities in required setback
areas of residential districts.
D. CONTRACTS AND AGREEMENT
S. CENTRAL WATERSHED MANAGEMENT AREA COOPERATIVE
AGREEMENT AMENDMENT (C- 8243). 1381100 -20091 Adopt Resolution No.
2009 -50 to amend the cooperative agreement for the Newport Bay Watershed and
the Central Watershed Management Area, and authorize the Mayor and City
Clerk to execute the Amendment.
6. CENTRAL LIBRARY AIR CONDITIONING REHABILITATION (C-4188) -
COMPLETION AND ACCEPTANCE. [38/100 -20091 a) Accept the completed
work and authorize the City Clerk to file a Notice of Completion; b) authorize the
City Clerk to release the Labor and Materials Bond 35 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil
Code; and c) release the Faithful Performance Bond one year after Council
acceptance.
7. DOVER DRIVE STREET IMPROVEMENT PROJECT (C -3652) -
COMPLETION AND ACCEPTANCE. [38/100 -2009) a) Accept the completed
work and authorize the City Clerk to file a Notice of Completion; b) authorize the
City Clerk to release the Labor and Materials Bond 85 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil
Code; and c) release the Faithful Performance Bond one year after Council
acceptance.
8. WEST OCEAN FRONT ALLEY - WATER MAIN REPLACEMENT (C -4007) -
COMPLETION AND ACCEPTANCE. 1881100 -20091 a) Accept the completed
work and authorize the City Clerk to file a Notice of Completion; b) authorize the
City Clerk to release the Labor and Materials Bond 35 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil
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Code; and c) release the Faithful Performance Bond one year after Council
acceptance.
9. FISCAL YEAR 2007 -2008 TRAFFIC SIGNAL REHABILITATION PROJECT
(C -3932) - COMPLETION AND ACCEPTANCE. [381100 -8009) a) Accept the
completed work and authorize the City Clerk to file a Notice of Completion; b)
authorize the City Clerk to release the Labor and Materials Bond 35 days after the
Notice of Completion has been recorded in accordance with applicable portions of
the Civil Code; and c) release the Faithful Performance Bond one year after
Council acceptance.
10. ON -CALL PUMP REPAIR AND MAINTENANCE SERVICES - APPROVAL
OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH
ORANGE COUNTY PUMP CORPORATION (C- 4059). [3&/100 -20091
Approve Amendment No. 1 to Professional Service Agreement with Orange County
Pump Corporation for on -call pump repair and maintenance services, and
authorize the Mayor and City Clerk to execute the Amendment.
11. ASPHALT REPAIRS - APPROVAL OF AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT WITH HARDY & HARPER, INC. (C- 4015).
[381100 -20091 Approve Amendment No. 2 to Professional Services Agreement
with Hardy & Harper, Inc. for on -call asphalt repair services, and authorize the
Mayor and City Clerk to execute Amendment No. 2.
12. AMENDMENT TO THE AGREEMENT WITH TRUGREEN LANDCARE,
LLC FOR THE LANDSCAPE MAINTENANCE OF CITY PARKS AND
FACILITIES (C- 3880). 1381100 -20091 Approve the amendment to the existing
agreement with TruGreen Landcare, LLC for the landscape maintenance at
Coastal Peak Park at a cost of $106,020 per year.
13. CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING
FOR TRAFFIC ENGINEERING SERVICES (C4021). 1381100 -20091 Approve
a Professional Services Agreement with RBF Consulting, Inc. of Irvine, for traffic
engineering services at a contract price of $99,500, and authorize the Mayor and
the City Clerk to execute the Agreement.
14. PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA
CONSULTING FOR ENVIRONMENTAL SERVICES RELATED TO
NEWPORT BANNING RANCH DEVELOPMENT (C- 4168). 1881100 -20091
Receive and file.
15. TSUNAMI WARNING SYSTEM (C -4152) - APPROVE DRAWINGS AND
SPECIFICATIONS, AND AUTHORIZE PERMISSION TO ADVERTISE.
1.981100 -20091 a) Approve the drawings and specifications; and b) authorize staff
to advertise the project once the Coastal Development Permit is issued.
16. PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL
(CEQA) AND ENGINEERING TASKS ASSOCIATED WITH A CONFINED
AQUATIC DISPOSAL (CAD) SITE IN NEWPORT HARBOR (C4304).
1381100 -20091 a) Authorize the Mayor and City Clerk to execute a Professional
Services Agreement with Anchor QEA, L.P. to conduct initial CEQA and
engineering design work for a CAD in Newport Harbor; and b) approve a budget
amendment (IOBA -001) appropriating $395,000 from unappropriated reserves
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(tidelands) to Capital Improvement Project #7231- C4402001 (Newport Harbor
Dredging Project).
E. MISCELLANEOUS
17. AUTHORIZATION TO PURCHASE FOUR (4) COMPRESSED NATURAL
GAS (CNG) REFUSE COLLECTION TRUCKS. 1100 -20091 a) Authorize the
purchase of two (2) Autocar WXLL64 /ACX64 CNG front loader refuse collection
trucks from Carmenita Truck Center in the amount of $244,461 each; b) authorize
the purchase of two (2) Peterbilt 320 CNG rear loader refuse collection trucks from
Rush Truck Center in the amount of $203,691 each; and c) approve a budget
amendment (10BA -002) transferring $154,000 from unappropriated AQMD Fund
surplus to Account 2766 -9108 (AQMD Division - Alternate Fuel Vehicles) to
supplement the funding of this purchase.
18. COUNCIL DECISION TO DISPENSE HOLDING THE AUGUST 25TH
REGULAR CITY COUNCIL MEETING. (100 -20091 Forego the regular August
25th Council meeting.
19. 2009 -2010 CULTURAL ARTS GRANTS. (100 -20091 Approve recommended
recipients for FY 2009 -2010 Cultural Arts Grants as selected by the City Arts
Commission in accordance with City Policy I -12 - Reserve Fund for Culture and
Arts.
20. PURCHASE OF CARDIAC MONITOR/DEFIBRILLATORS (ZOLL E
SERIES). (100 -20091 a) Approve a budget amendment (10BA -003) to transfer
$51,578 from the Unappropriated General Fund Paramedic Reserves to account
2340 -9300, increasing expenditure appropriates in 2340 -9300 by $51,578; and b)
authorize the purchase of six Zoll E Series Cardiac Monitor/Defibrillators for
$153,578 from Zoll Medical Corporation.
21. ORDINANCE TO PROVIDE THE PUBLIC WORKS DIRECTOR THE
AUTHORITY TO ADOPT NEW EDITIONS OF THE STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. 1100 -20091
Set a public hearing for the second reading of Ordinance No. 2009 -13 for July 28,
2009, to add Chapter 75 of Title 15 of the Newport Beach Municipal Code and
adopt the ordinance.
22. HARBOR AREA MANAGEMENT PLAN (RAMP) — FINAL
ADOPTION. Continue to July 28, 2009.
Regarding Item 15 (Tsunami Warning System), Council Member Henn indicated that he is pleased
to see the project moving ahead. Regarding Item 16 [Professional Services Agreement for
Environmental (CEQA) and Engineering Tasks Associated with a Confined Aquatic Disposal
(CAD) Site in Newport Harbor), he clarified that the scrape of the assignment will include a careful
evaluation of all potential CAD sites in the Harbor, an evaluation of why a site is selected, and an
outreach program for affected residents. Council Member Daigle suggested adding other locations,
methods, and cement based stabilization alternatives to the environmental documents.
Regarding Item 9 (Fiscal Year 2007 -2008 Traffic Signal Rehabilitation Project), Council Member
Daigle noted that the project is progressing and is in phases 2 and 3.
Council Member Gardner provided corrections to the minutes from the June 23 meeting.
It was moved by Mayor Pro Tem Curry, seconded by Council Member Rosansky to
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approve the Consent Calendar; and noting the continuance of Item 22 to July 28 and the "no" vote
on Item 3 by Council Member Gardner.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich,
Council Member Webb, Council Member Gardner, Council Member Daigle
)III. ITEMS REMOVED FROM THE CONSENT CALENDAR -None
XV. PUBLIC HEARINGS
23. AERIE (PA 2005 -196) - 201 -205 & 207 CARNATION AVENUE & 101 BAYSIDE
PLACE: GENERAL PLAN AMENDMENT NO. GP2006 -006; COASTAL LAND USE
PLAN AMENDMENT NO. LC2006 -002; CODE AMENDMENT NO. CA2006 -009;
TRACT MAP NO. NT2006 -004 (TTM16882); MODIFICATION PERMIT NO.
MD2005 -087; COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. CR2005-
002; AND ENVIRONMENTAL IMPACT REPORT NO. ER2008 -002 (SCH. NO.
2007021054). [TTM- 168821100 -2009]
Senior Planner Campbell provided information about the history of the project, stated
that the project has been redesigned, indicated that an Environmental Impact Report
(EIR) was conducted, noted that Council is not making a decision on the dock permit,
and reported that the Planning Commission recommended approval of the project.
Rick Julian, applicant, indicated that the project is a benefit to the neighborhood and is
supported by many of the residents.
Brion Jeannette, architect, provided a PowerPoint presentation that included the
history; public hearing process; renditions to the project before and after; aesthetics; view
simulations; the Construction Manual Plan (CMP); noise, traffic, and air quality
information; the construction schedule; CMP excavation schedule; excavation stages; soils
and geology; the trapezoidal section; project upgrades; view corridors; architectural
diversity; a massing comparison; and the slopes.
Stephen Miles, counsel for the opponents, provided a handout and discussed the appeal
period, the California Housing Element, the California Environmental Quality Act
(CEQA), greenhouse gas emissions, and the alternative analysis of the EIR.
Council Member Gardner believed that language in the EIR lobbies support for the project
instead of being neutral.
In response to Council questions, Mr. Jeannette stated that basements are used to allow
storage for electrical and mechanical systems and lowers the building mass. He showed
the amount of mass above grade compared to that below and noted that looking from the
harbor, the project will look similar in size to the current buildings in the area.
In response to questions, City Attorney Hunt stated that the Harbor Commission
performed their role as advisors and noted that the staff report incorrectly phrased
the second hearing process as an appeal; however, it is not an appealable action. He
explained the process for harbor permit appeals. He clarified that Council is certifying the
EIR and not making a decision on the permit for the dock. Regarding the Housing
Element, he stated that the City is consistent with State Law and believed that there are
no legal impediments. He also highlighted the differences between scientific evidence,
antidotal evidence, and judgment.
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In response to Council Member Gardnees question, Mr. Jeannette stated that the soil is
reliable and provided core samples. He stated that the second emergency access is also
the exit from the basement and noted that a second emergency access is a building
requirement. He indicated that the balconies impede some private views from Carnation
and they will install a six foot barrier to protect the privacy of the next door neighbors.
Mayor Selich opened the public hearing.
Kathleen McIntosh provided a handout and expressed concern about the project size,
amount of construction, over development of the coastal bluff, the Predominate Line of
Existing Development (PLOED), the dock size, and the view impediments. She clarified
that she does not have a basement and the size of her property is smaller than what was
presented by the applicant. She explained why she believes that a Brown Act violation
occurred relative to this project. City Attorney Hunt indicated that he will speak with Mrs.
McIntosh about this allegation.
Marilyn Beck expressed her concerns about the excavation, basement, natural land forms,
PLOED, bluff, construction traffic, damage to private property, truck route, roadways,
project size, marina, and impact on the community, and believed that the project is out of
context for the neighborhood.
Warren James stated that he would support the project if it stayed within the existing
guidelines and stated that he strongly objecta to any variances.
Kent Harvey believed that project alternatives should be presented.
Allan Beek expressed concern about the size of the project and the affects on the bluff. He
believed that if approved, it would be setting a precedent and urged Council to reject the
project.
Mayor Pro Tem Curry left the meeting at 8 *59 p.m. to catch a work - related flight.
Sharon McNalley urged Council to preserve the area and expressed concern about the
traffic flow pattern, noise, pollution, damage to streets, and egress.
Elaine Linhoff expressed concern about the coastal bluff and believed that the size does
not conform to the General Plan.
Bill Varon expressed support for the project because he believed that it would be an
improvement to the site and believed that most of the residents are in support of the
project.
Kent Moore expressed support for the project and stated that the project enhances
views, creates more street parking, and provides underground utilities.
John Martin provided a handout and expressed concern about the project size, character,
grading, bluff, PLOED, retaining walls, risk, and visual impacts.
Bud Razner expressed support for the project and noted that enough restrictions and
conditions have been placed on the applicant.
Bill McCaffery expressed support for the project and stated that it has first class elements,
Provides improvement to the neighborhood, the applicant has been open with the
residents, and that the project has been approved by the Planning Commission.
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Jan Vandersloot, SPON, provided a handout and expressed concern about the project size,
excavation of the bluff, damage to a natural land form, the biological impacts of the dock,
eelgrass and sand dollar survival, and affects on the wetlands. He believed that the EIR
does not analyze all the impacts.
Lisa Vallejo believed that the project damages the coastal bluff, the Coastal Land Use
Policy (CLUP) is meaningless, the project size is too large, and the changes made after all
of the meetings are minimal, and expressed the opinion that the Harbor Commission made
a decision based on the influence of the City Attorney's Office.
Pat Parsons provided a handout and expressed concern about the project size and impact
on the bluff and the harbor. She believed that the exterior design does not fit the
neighborhood and urged Council to deny the project.
Keith Dawson noted that the applicant has complied with Council requests, indicated that
the project is different and unique, and stated that he will be proud when it is approved.
Laurie Leggio expressed concern about the coastal bluff, believed that building into a rock
will cause a disaster, and expressed her opinion that the project is too massive.
Tim Paone, counsel for the applicant, clarified that every issue raised has been addressed
in the EIR and staff reports. He also pointed out that the site is multi- family, complies
with the General Plan, complies with height requirements, includes a completion bond, the
significant environmental affects have been addressed in the CEQA analysis, the
parameter test is a rebuttable presumption, the notice of violation was incorrectly stated
and will be dealt with when the project goes before the Coastal Commission, people are
currently living in the building, the CLUP and EIR has gone through unprecedented
lengths to address all issues, and the Mitigated Negative Declaration (MND) was amended
several times.
Brion Jeannette, architect, clarified that the project has no variances, is below the height
limits, development down the bluff was established by Council based upon the evaluation
of buildings around the site, only 18% of the site is submerged, the coastal bluff is
protected and enhanced, the migratory marine birds are addressed in the EIR, eelgrass is
protected, and the pier and bulkhead lines have been addressed.
There being no further testimony, Mayor Selich closed the public hearing.
In response to Mayor Selich's question, Senior Planner Campbell believed the issues
brought forward by the opponents have been adequately addressed in the EIR.
Council Member Gardner indicated that she received an equal amount of letters from
residents that approve or oppose the project. She expressed concern about the cove, the
large dock, the impacts to traffic, and impacts to the harbor. She believed that the project
should be smaller and indicated that she will not he supporting the project.
Council Member Henn stated that the applicant has complied with all requests and
has gone through an extensive EIR process. He noted that the site is a multi - family site,
the concern about the bluffs is understandable, and there is a reasonable interpretation of
the General Plan that is consistent with this project and entitles the applicant to the
benefit of that judgment. He expressed support for the project.
Council Member Daigle stated that there are no rules against excavation, the applicant
has made extensive changes to the project, and expressed support for the project.
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Council Member Rosansky stated that although the applicant has worked with the
neighbors, be still believes that the project is too big and is not consistent with the General
Plan objectives and the character of the neighborhood. He indicated that he will not be
supporting the project.
Council Member Webb indicated that the view comparison shows that the project is not
out of character, stated that he is not concerned about the dock space, noted that
the development is an addition to the area, and expressed support for the project.
Mayor Selich agreed that the view simulation showed that the project is not .out of
character, stated that the excavation behind the bluff is not a concern, believed that the
sound impacts should not affect the residents, and noted that the docks will not create a
hazard for navigation. He also noted that the project has been in review for four years and
the applicant has worked diligently to comply with the guidance that the City has given
him.
It was moved by Council Member Webb. seconded by Council. Member Dafele, to
adopt Resolution No. 2009 -51 certifying the Final Environmental Impact Report (SCH. No.
2007021054) and adopting a Mitigation Monitoring and Reporting Program; c) adopt
Resolution No. 2009 -52 adopting a Statement of Overriding Considerations and approving
General Plan Amendment No. GP2005 -006, Coastal Land Use Plan Amendment No,
LC2005 -002, Newport Tract Map No. NT2005 -004 (TTM16882), Modification Permit No.
MD2005 -087 and Coastal Residential Development Permit No. CR2005 -002, subject to the
attached findings and conditions; and d) introduce Ordinance No. 2009 -15 amending
Zoning Districting Map thereby approving Code Amendment No. 2005 -009, and pass to
second reading on July 28, 2009.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Selich, Council Member Webb, Council Member
Daigle
Noes: Council Member Rosansky, Council Member Gardner
Absent: Mayor Pro Tem Curry
Mayor Selich called for a recess at 10:00 p.m.
Mayor Selich reconvened the meeting at 10:07 p.m.
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Gardner reported that the Coastal/Bay Water Quality Committee received a
report about grant funds for the restoration of native oysters in the Bay and asked staff to research
a new system called Aqua -Phyd which provides an inexpensive way of improving the absorption of
water and reducing salt.
Council Member Henn reported that Senate Bill 268 was defeated at the Assembly level and noted
that the City will continue to pursue regulations from Sacramento regarding group homes
issues. He also reported on other group homes issues, stating that there are no Use Permit
hearings remaining, there are approximately two reasonable accommodation hearings pending, a
few Council appeals, three lawsuits, and approximately six Housing and Community
Development (HCD) complaints.
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XV. PUBLIC HEARING$ - CONTINUED
24. COASTAL LOCAL USE PLAN UPDATE - LC2007 -001 (PA2007 -027) -
COMPREHENSIVE UPDATE TO THE COASTAL LAND USE PLAN AS
MODIFIED BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 5,
2009, TO REFLECT THE LOCATION, TYPE, DENSITIES, AND INTENSITIES OF
LAND USES ESTABLISHED BY THE NEW LAND USE ELEMENT AND TO
INCORPORATE OTHER NEW POLICIES OF THE GENERAL PLAN. [100 -20091
Senior Planner Campbell reported that staff is recommending a comprehensive update to
the Coastal Land Use Plan (CLUP) to make it consistent with the California Coastal
Commission and suggested that a study be conducted on alternative transportation.
Council Member Gardner thanked Senior Planner Campbell for his work with the Coastal
Commission.
Mayor Selich opened the public hearing. Hearing no testimony, he closed the
public hearing.
It was moved by Council Member Webb seconded b C41�n - i1__Member Gardner,
to adopt Resolution No. 2009 -53 adopting the Coastal Land Use Plan with the
modifications approved by the California Coastal Commission.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member
Webb, Council Member Gardner, Council Member Daigle
Absent: Mayor Pro Tem. Curry
XVI. PUBLIC COMMENTS - None
XVII. CURRENT BUSINESS
25. DESIGNATION OF VOTING DELEGATES FOR 2009 LEAGUE ANNUAL
CONFERENCE - SEPTEMBER 16 -18, 2009, IN SAN JOSE. [100 -20091
It was moved by Council Member Rosansky seconded by Council Member Henn,
to designate Council Member Daigle as the City s Voting Delegate for the Conference
and Council Member Gardner as the Voting Alternate.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member
Webb, Council Member Gardner, Council Member Daigle
Absent: Mayor Pro Tem Curry
26. INITIATION OF GENERAL PLAN AMENDMENT RELATED TO COASTAL LAND
USE PLAN AMENDMENT NO. 2007 -001. [100 -80091
Senior Planner Campbell explained that Council is only voting to initiate an amendment
to the General Plan.
It was moved by Council Member Webb seconded by Council Member Rosansky
to adopt Resolution No. 2009 -53 initiating an amendment of the General Plan to change
the land use designations of properties within 11 areas of the Coastal Zone.
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The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member
Webb, Council Member Gardner, Council Member Daigle
Absent: Mayor Pro Tem Curry
27. APPOINTMENT OF COUNCIL MEMBER NANCY GARDNER TO LEAGUE OF
CALIFORNIA CITIES COASTAL CITIES ISSUES GROUP (CCIG). [700 -2009]
It was moved _by Council Member Webb seconded by Council Member-Rosansky
to appoint Council Member Nancy Gardner to serve on the Coastal Cities Issues Group
(CCIG) and meet with the California Coastal Commission on August 12, 2009, in San
Francisco to engage in discussion of issues the City Council believe are appropriate, and
give input to Council Member Gardner.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member
Webb, Council Member Gardner, Council Member Daigle
Absent: Mayor Pro Tem Curry
XVIII. MOTION FOR RECONSIDERATION -None
XDG ADJOURNMENT -10:15 p.m.
The agenda for the Regular Meeting was posted on July 8, 2009, at 8:28 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 July 10,
2009, at 4:18 p.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
City Clerk
Mayor
Volume 59 - Page 220