HomeMy WebLinkAbout11/24/2009 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
November 24, 2009 — 7:00 p.m.
I. STUDY SESSION - 3:90 psn.
II. CLOSED -SESSION - 5:33 P.M.
A. Conference with Leeal. Counsel - Existing Litigation (Government. Oode §
04-9-56.9(a)). Fifteen matters:
1. IBC,Litigation Matters: Four matters, all arising out of the IBC Litigation
against the City of Irvine:
a.. Newport BeachlTustin v. City of Irvine (Martin Street), Orange
County Superior Court Case No. 07CCO1264
b. Newport BeachlTustin v. City of Irvine (8851 Alton), Orange
County Superior Court Case No. 07CCO1265
o. Newport BeachlTustin v. City of Irvine (HCG), Orange County
Superior Court Case No. 30- 2008 - 0022885- CU- WM -CXC
d. Newport BeachlTustin v City of Irvine (Accessory Retail
Business Regulations), Orange County Superior Court Case No.
30- 2009 - 00264696
2. Group Homes Matters: Five matters all arising out of the Group Homes
litigation brought against the City, as follows:
a. Concerned Citizen's v. City of Newport Beach, U.S. District
Court Case No. SACV 08- 00192 -M (RNBx)
b. Sober. Living By The Sea v. City of Newport Beach, U.S. District
Court Case No. SACV 08 -00200 JVS (RNBx)
o. City of Newport Beach v. Morningside Recovery, Orange County
Superior Court Case No. 07CC11694
d. Pacific Shores v. Newport Beach, U.S. District Court Case No.
SACV 08 -00457 AG (PLAx)
e. Newport Coast Recovery v. City of Newport Beach, U.S. District
Court Case No. SACV 09 -0701 DOC (ANx)
3. 'Group Homes Matters: Six matters all arising out of the Group Homes
investigation brought against the City, as follows:
a. Pacific Shores v. Newport Beach, U.S. Dept. of Housing & Urban
Volume 59 - Page 327
City of Newport Beach
City Council Minutes
November 24, 2009
Development Investigation No. 09 -08- 0592 -8
b. Newport Coast Recovery v. City of Newport Beach, U.S. Dept. of
'Housing & Urban Development Investigation No. 09 -09- 0713 -8
c, Paul Murdoch v. City of Newport Beach, U.S. Dept. of Housing
'& Urban Development Investigation No. 09 -09- 0831 -8
d. The Krainer Center v. City of Newport Beach, U.S. Depr_ of
'Housing & Urban Development Investigation No. 09 -09- 0833 -8
e. Oxford House v. City of Newport Beach, U.S. Dept. of Housing &
Urban 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
B. Conference with Legal_ Counsel - Anticipated Litigation - Exposure to
Ligation (Government Code 54956.9(b) : One matter:
Potential litigation regarding the issue of Charter City enforcement of the Newport
Beach's massage regulations in the face of the new state law creating a state system
for regulation of massage establishments.
C. Conference with Labor Negotiators (Government Code § 54957.6):
Agency Designated Representatives: Bill Avery of Avery & Associates and Terri
Cassidy, Human Resources Director
Employee Organization: Multiple •- Lifeguard Management Association; Police
Management Association; and Police Employees Association
D. Conference with Real Propel Negotiator (Government Code § 54956.8):
Regarding Three Parcels of Real Property.
1. Pipperty: 608 E. Balboa Boulevard
City Negotiator: Sharon Wood
Negotiating Parties, Levon Gugasian
Under Negotiation: Consideration of acquisition of property
2. Pmperty: Access Road to Sunset Ridge Park
City Negotiators, Ed Selich, Steve Rosansky and David Webb
Under Negotiation: Acquisition of easement for access to proposed
Sunset Ridge Park
8. Pmperty: Coast Highway in Front of China Palace Restaurant
City Negotiator: Sharon Wood and David Webb
Negotiating Party: Jack Mau
Volume 59 - Page 328
City of Newport Beach
City Council Minutes
November 24, 2009
Under Neeotiation_ Acquisition of Public Right of Way for PCH
Expansion
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED_SESSION REPORT
City Attorney Hunt clarified that the Morhingside Recovery case is a cross claim to the
Concerned Citizens case -and noted that he will revise the way he references this matter in
the future. he also noted that copies of the settlement agreement between the City of Irvine
and the City of Newport Beach are available for viewing in the Public Information Office.
Mayor Selich reported that the City of Newport Beach and the City of Irvine reached
a settlement which involves four separate lawsuits (IBC Litigation Matters). The City of
Newport Beach will be paid a lump aum of $3.65 million for traffic improvements. Public
Works Director, Badum reported an two traffic improvement projects which would utilize
some of the settlement money.
VII. PLEDGE OF ALLEGIANCE - Council Member Daigle
VIII. INVOCATION - Mr. Frank Carpenter
IX. PRESENTATIONS - None
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
REPORT (NON - DISCUSSION ITEM)
Council Member Daigle reported that the first major milestone for the Lower Bay Dredging
Project has been reached.
Council Member Gardner noted that the celebration of life for Dr. Jan Vandersloot will be
held on December 6 at Castaways Park and that Stop Polluting Our Newport (SPON)
suggested naming the meadow in Castaways Park "Jan's Meadow." She also announced that
the Corona del Mar Christmas Walk will be held on December 6. She requested postponing
the discussion on fire rings.
Council Member Henn demonstrated the large amount of paper used for the current agenda
and other City issues, and that Council must review and understand all the documents
presented.
Mayor Selich noted that Item 25 (Yellowstone Recovery) has been continued to December 2.
XII. CONSENT CALENDAR
A. READING OF'MINUTES /ORDINANCES AND RESOLUTIONS
Volume 59 - Page 329
City of Newport Beach
City Council Minutes
November 24, 2009
1. MINUTES OF THE REGULAR MEETING AND ADJOURNED
REGULAR MEETING OF NOVEMBER 10, 2009 (100 - 2009]. Waive
reading of.subject minutes, approve as written, and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all. ordinances and resolutions under consideration, and direct City
Clerk to read by title only.
B. ORDINANCES FOR ADOPTION
3. ORDINANCE INCREASING THE BENEFIT ASSESSMENT LEVY OF
THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS
IMPROVEMENT. DISTRICT (NBRA BID)]100- 20091. Adopt Ordinance
No. 2009 -26, setting the new benefit assessment to be levied.
4. NORTH NEWPORT CENTER PLANNED COMMUNITY
AMENDMENT (PA2009 -111) - CODE AMENDMENT NO. CA2009 -005
AND PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT NO. PD2009 -003 - CONSIDERATION TO
INCORPORATE PORTIONS OF BLOCK 100, BLOCK 400, BLOCK
800, AND ' NEWPORT VILLAGE INTO THE NORTH NEWPORT
CENTER PLANNED COMMUNITY AND A CODE AMENDMENT TO
CHANGE THE ZONING CLASSIFICATION OF THESE
PROPERTIES FROM APF, PC-28, PC -23, AND PC-27 TO PC-56 ON
DISTRICT MAP NOS. 48, 49, AND 50 [100 - 2009]. Adopt Ordinance No.
2009 -28, approving Code Amendment No. CA2009 -005 and Planned
Community Development Plan Amendment No. PD2009 -003.
C. ORDINANCES FOR INTRODUCTION
S. CONSTRUCTION AND MAINTENANCE PROJECTS IN
RESIDENTIAL DISTRICTS CODE AMENDMENT (100 - 2009]. Re-
introduce Ordinance No: 2009 -27, adding Chapter 10.64 to the Newport
Beach Municipal Code requiring a permit for construction and maintenance
projects in residential districts, and amending Section 10.50.010 of the
Newport Beach Municipal Code to include additional definitions, and
amending Section 10.50.020 of the Newport Beach Municipal Code to
include additional nuisances, and pass to second reading on December 8,
2009,
6. WATER UTILITY RATE INCREASE AND ORDINANCE
AMENDMENT [100 - 2009]. a) Affirm the tabulated results of the water
rate increase protest count from property owner and non - property owning
customers; and b) introduce Ordinance No. 2009 -29, amending Newport
Beach Municipal Code Chapter 14.12 (Water Rates and Charges), Section
14.12.020 (Water Rates Established), and pass to secend reading on
December 8, 2009. [Council Member Daigle voted no on this item.]
7. AMENDMENT OF MUNICIPAL CODE TITLE 19 (SUBDIVISIONS)
AND ADOPTION OF INCLUSIONARY HOUSING IN -LIEU FEE [JOB-
2009]. a) Introduce amended Ordinance No. 2009 -30, amending Title 19
(Subdivisions) of the Newport Beach Municipal Code, and pass to second
reading on December 8, 2009; and b) continue consideration of ResolutioB
Volume 59 - Page 380
City of Newport Beach
City Council Minutes
November 24, 2009
No. 2009 -82 to January 12, 2010.
8. AMENDMENT TO THE NEWPORT BEACH MUNICIPAL CODE
TITLE 9 - FIRE CODE '1100 - 20091. Introduce Ordinance No. 2009 -31,
amending Title 9, Chapter 9.04, Section 9.04.040, Subsection 511 (Public
Radio System Coverage) and Subsection 512 (Building Information) of the
Newport Beach Municipal Code, and pass to second reading on December 8,
2009.
D. RESOLUTIONS FOR ADOPTION
9. PORT RESTAURANT AND BAR APPEAL - 4400 HELIOTROPE
AVENUE (PA2009 -080) - AMENDMENT TO USE PERMIT NO. 1566
AND OFFSITE PARKING AGREEMENT NO.OP2009 -008 [100 - 20091.
Adopt Resolution No. 2009 -83, approving an amendment to Use Permit No.
1566 and Off -Site Parking Agreement No. OP2009 -003, subject to findings
and conditions.
10. LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION
PROTECTION ACT OF 2010 [100 - 20091. Adopt Resolution No. 2009 -84,
supporting the League of California Cities (League) sponsored ballot
measure, "Local Taxpayer, Public Safety and Transportation Protection Act
of 2010."
11. ACCEPTANCE OF ORANGE COUNTY TAXI ADMINISTRATION
PROGRAM (OCTAP) REGULATION CHANGES 1100 - 20091. Adopt
Resolution No. 2009 -85, ratifying and adopting the revisions to the Orange
County Taxi Administration Program (OCTAP) Regulations.
E. CONTRACTS AND AGREEMENTS
12. IRVINE TERRACE LANDSCAPE IMPROVEMENTS (C -3865) -
COMPLETION AND ACCEPTANCE [381100- 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.
13. COMMUNITY YOUTH CENTER (CYC) ROOF REHABILITATION
PROJECT (C -4195) - COMPLETION AND ACCEPTANCE [381100-
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 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.
14. JAMBOREE ROAD WIDENING OVER SR -73 (C -3724) - APPROVAL
OF AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT WITH
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION [381100
20091. Approve Amendment No. 1 to the Cooperative Agreement between
the City of Newport Beach (City) and the California Department of
Transportation (Caltrans) to extend the agreement term for the Jamboree
Volume 59 - Page 331
City of Newport Beach
City Council Minutes
November 24, 2009
Road Widening over State Route 73 (SR -73) project
15. EASTBLUFF PARK AND BONITA CREEK PARK RECYCLED
WATER RETROFITS (C -4134) - AWARD OF CONTRACT [381100-
20091. a) Approve the project drawings and specifications; b) award the
contract (C -4134) to Green Giant Landscape, Inc. (Green Giant) for the total
bid price of $470,328.00, and authorize the Mayor and the City Clerk to
execute the contract; c) establish an amount of $50,000 to cover the cost of
unforeseen work; and d) approve Budget Amendment No. IOBA -021
transferring $50,028.00 from Water Enterprise Account No. 7511- C6002007
(Peninsula Point Water Main Improvements) to Water Enterprise Account
No. 7511- C6002006 (Eastbluff Park Reclaimed Water Irrigation Project).
17. APPROVAL" OF THE RANGE AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND THE CITY OF IRVINE FOR THE USE
OF THE NEWPORT BEACH PISTOL RANGE AND POLICE
TRAINING FACILITY (C -4420) [381100- 20091. a) Approve the agreement
between the City of Newport.Beach and the City of Irvine for the use of the
Newport'Beach Pistol Range and Police Training Facility; and b) authorize
the Mayor to sign the agreement on behalf of the City of Newport Beach.
18. 2010 RESTAURANT WEEKS WORK AGREEMENT (C -4421) (381100-
20091. Continued to December 8, 2009,
F. MISCELLANEO J$
19. PLANNING COMMISSION AGENDA FOR NOVEMBER 19, 2009 [100-
20091. Receive and file written report.
20. BUDGET AMENDMENT TO ACCEPT A CHECK FROM
CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR
LITERACY. SERVICES, [401100-20091. Approve Budget Amendment No.
IOBA -020 to increase expenditure appropriations by $20,000 in Division
4060, Literacy, and to increase revenue estimates for the same amount in
Account No. 4010 -4832, California Library Literacy Services.
21. CONSIDERATION OF CREATING A COUNCIL POLICY
REGARDING VOTING CITY LAND IN ASSESSMENT DISTRICT
BALLOTING [891100 - 2009]. Adopt the revised Assessment District
Balloting Guidelines with the language directing how and when a decision
for voting City land is made.
22. APPOINTMENT OF DEBBIE STEVENS TO ENVIRONMENTAL
QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC)
1241100- 20091. Appoint Debbie Stevens to the Environmental Expertise
seat on the Environmental Quality Affairs Citizens Advisory Committee
(EQAC).
528. APPOINTMENT OF EDWARD RENO TO ENVIRONMENTAL
QUALITY AFFAIRS COMMITTEE (EQAC) [241100- 20091. Confirm
Mayor Selich's appointment of Edward Reno to the District 5 position.
529. STATUS REPORT ON PERFORMANCE MEASURES AND
BENCHMARKS [100 - 20091. Receive and file.
Volume 59 - Page 382
City of Newport Beach
City Council Minutes
November 24, 2009
XIII.
GM
XV.
Motion. _by: Mayor Pro. Curr seconded_I— . Council Member Webb to
.approve the Consent Calendar, except for the item removed (16); and notingthe
amendment: to Ordinance No. 2009 -30 (Item 7); the continuance of Item 18 to the
December 8 meeting; and Council Member Daigle's no vote on Item 6.
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
Regarding Item 3, Economic Development Administrator De Santis reported that
protests received today would be considered late. Mayor Pro Tem Curry briefly
discussed the details of the Resolution No. 2009.84 (Item 10) and noted that taxis in
Newport .Beach are well regulated through the Orange County Taxi Authority
(OCTA) (Item 11).
ITEMS REMOVED FROM THE CONSENT CALENDAR
16. APPROVAL OF A NEGOTIATED PURCHASE OF ONE LADDER TRUCK
AND TWO FIRE ENGINES FROM PIERCE MANUFACTURING INC (C -0419)
[381100- 2009].
Fire Chief Lewis reported on the status of current fire trucks, replacement cycles for
trucks and engines, requested Council to waive the bidding system and allow staff to
work directly with Pierce Manufacturing for the purchase, and noted that the
approximate cost. would be $1.9 million for all three purchases. In response to
Council Member Henn's question, he noted that the City maintains reserves for
these types of equipment.
Motion by Council Member Rosansky. seconded by Council Member We
to a) waive Council. Policy F -5 and Council- adopted purchasing procedures; and b)
authorize staff: to negotiate with Pierce Manufacturing Inc. of Wisconsin for the
purchase of one new 100 -foot heavy duty tiller ladder truck and two new 1250 GPM
Triple Combination pumpers.
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
ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Gardner reported on a study discussed at the Coastal/Bay Water Quality
Committee regarding impacts to the intertidal zone, and that the Water Quality Control
Board is considering introducing an ordinance to help improve the health of the tidepools.
Mayor Pro Tem Curry reported that the Orange County League of California Cities (OCLCC)
is focused on the State taking local funds and increasing costs of pensions.
Lisa Sabo expressed opposition to the sale of the Orange County Fairgrounds, discussed a
resolution adopted by the Orange County Board of Supervisors to stop the sale, and noted
Volume 59 - Page 333
City of Newport Beach
City Council Minutes
November 24 , 2009
the value and heritage of the property to the community.
Kris Cutting expressed opposition to selling the Orange County Fairgrounds and discussed
the effect of the sale on Orange Coast College.
Kathy Hobstetter opposed the selling of the Orange County Fairgrounds.
Dorothy Kraus expressed concern for the environmental impact issues that are not
addressed in the Environmental Impact Report for Sunset Ridge Park,
Dr. Deborah Ferber opposed the, sale of the Orange County Fairgrounds and discussed the
negative effects of the sale on business owners.
XVI. PUBLIC HEARINGS
23. COST RECOVERY ORDINANCE (CHAPTER 3.36), FEE RESOLUTION AND
MASTER FEE SCHEDULE (100 - 5009).
City Manager Kiff recommended continuing this item to the December 8 meeting.
Motion by Mayor. Fro Tem Curry, seconded by Council Member Webb to
continue the item to the December 8, 2009 meeting.
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
24. NEWPORT BEACH CIVIC CENTER PROJECT: RESOLUTION NO. 2009 -87
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE
CITY HALL AND PARK DEVELOPMENT PLAN; RESOLUTION NO. 2009 -88
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND
APPROVING SCHEMATIC DESIGN FOR THE PROJECT; AND
AUTHORIZATION TO PREPARE A DESIGN BUILD REQUEST FOR
PROPOSAL (RFP) FOR THE PARKING STRUCTURE 1731100- 50091.
Boblin Cywinski Jackson Architect Greg Matolla and Peter Walker Partners
Landscape Architect *Sarah Kuehl utilized a PowerPoint prgsentation to discuss the
project site, landscaping, storm water management, overall project design, the
Library addition, the central park area, materials and trees suggested for the
outdoor spaces, potential 'sites for public art, amenities and features in the park, the
dog park, locations for. events, the parking structure, building aesthetics, exterior
balconies, pedestrian walkways, proposed building materials, open office
environments, public spaces, the Council Chambers, the outdoor sail, and achieving
an energy efficient building.
In response to Council questions, they noted that an alternative plant list was
submitted for review, clarified the protection of the view plane, and reiterated
that resident views will not be blocked.
Associate Planner Murillo reported on the steps taken during the initial study and
draft EIR and discussed the draft resolution. In response to Council questions, he
clarified open and non -open space designations and the public benefits mentioned in
Volume 59 - Page 334
City of Newport Beach
City Council Minutes
November 24, 2009
the statement of overriding considerations.
Mayor Selich opened the public hearing.
Debra Allen expressed support for protecting the view plane by not including palm
trees in the design.
Jim Warren expressed concern for trees and construction obstructing the view plane.
Edward Lund noted that the integrity of the Emergency Operations Center (EOC) is
very important and that government assistance might be available if the EOC is
built to FEMA standards.
Eugene Hadley expressed support for building the EOC to FEMA standards and
discussed earthquake planning studies.
Debbie Stevens discussed mitigation measures regarding light and glare that would
prevent parking on the-top of the parking structure during evening hours and
suggested that some of the community members be involved in the Mitigation
Monitoring Plan.
Barry Allen expressed concern for the size of the palm trees in the design and
supported protecting the view plane.
Denise Woltemath expressed concern for trees piercing the view plane, mitigation of
lighting, and noise during construction.
Wendy Brooks expressed support for the project and opposed eliminating the
Community Room.
Mary Barrett -Blake expressed support for the new Civic Center, but opposed the
elimination of the Community Room.
Laura Curran expressed concern for the protection of the local sage scrub,
discussed soil conditions, and noted that the EIR did not include a plant palette.
David Brandmeyer expressed the need for a hardened FEMA class base in case of an
earthquake.
Ed Stevens expressed concern for the view plane, suggested height limitations on
landscaping, and requested that the view- finders not point toward residences.
Ron Hendrickson suggested determining tenants of the coffee shop and credit union
space early so that an appropriate size can be established, asked if a Community
Room Use Study has been conducted, and expressed support for the project overall.
Nancy Moran - Sanchez expressed support for an established EOC.
Maryann Soden supported preserving the view plane.
Dale Karjala felt that the Civic Center needs to be built to FEMA standards and
that the EOC should be put back in to the project.
Gary Standard reported on cities that have EOCs and felt that the new Civic Center
needs to be built to FEMA standards.
Volume 59 - Page 885
City of Newport Beach
City Council Minutes
November 24, 2009
Suzie Karjala supported building a hardened EOC built to FEMA standards.
Hearing no further testimony, Mayor Selich closed the public hearing.
City Manager Kiff discussed having a gate that controls lighting on the upper deck
of the parking structure and automatic blinds and dampeners to minimize lighting.
He noted that the majority of light will be coming from the street lights. He
recommended that a five minute limitation on idling be added to Mitigation Measure
4.4.5. He also recognized the hard work and time commitment of Council, the Design
Committee, Public Works Director Badum, Associate Planner Murillo, Nicole
Dubois, the Design Team, CW Driver, and Administrative Assistant Oborny.
Bohlin Cywinski Jackson Architect Steve Chaitow discussed FEMA standards
versus the California Code, building strength during an earthquake, utility systems,
and leveled structural design standards.
Council Member Gardner felt that there should either be a larger Community Room
or none at all, and noted that this project should be held to the same standards in
regards to engine idling time (EIR Section 4.4.2). Outside Counsel Halman
discussed mitigation measures in regards to engine idling.
Council Member Daigle expressed support for a Community Room if the cost stays
within the planned $105 million.
Mayor Pro Tem Curry felt that building a small Community Room would not be
beneficial, that there are facilities in. other areas of the City for hosting meetings,
and discussed the current EOC at the Police Station. He also supported staying
within the planned $105 million and felt that palm trees should be removed from the
design.
Council Member Webb expressed support for a Community Room that seats 160 and
could act as a. spillover room for Council Chambers. He suggested installing a
waterproof ceiling to prevent water damage during an emergency.
Council Member Rosansky expressed support for a smaller version of the
Community Room.
Mayor Selich expressed support for a smaller Community Room.
Council Member Henn was opposed to the Community Room in the design, and that
there should be a substantially upgraded Friend's Room. He discussed the need for
uninterrupted power in the EOC and expressed concern for the risk of water damage
during an emergency. He further noted that he would support the elimination of a
separate EOC building and location of the EOC space to the lowest level of the City
Hall building if a solution can be designed that protects power, protects
communications, and minimizes water damage at a significantly lower cost. He also
reiterated his view that the target for maximum cost of the project should be $100
million rather than $105 million, to allow more room to cover unforeseeable costs
that might arise.
In response to Council Member Gardner's question, Assistant City Manager Wood
discussed water usage.
In response to Mayor Selich's request, Associate Planner Murillo verified that all
Volume 59 - Page 386
City of Newport Beach
City Council Minutes
November 24 , 2009
XVII.
public responses to comments were addressed in the Mitigation Measures and
Statement of Overriding Concerns.
Mayor Selich thanked staff and the City Hall Design Committee for their hard work
on this project and recommended amending the resolution to keep the Committee
active in the event their services are still needed.
Council applauded City Manager Kiff for his leadership and hard work on the
project.
Motion b_ Council Member Webb seconded by Council Member Rosanskv
to.a) adopt Resolution No. 2009 -87 certifying the City Hall and Park Development
Project's FEIR (SCH. No.. 2009041010) and adopting a Mitigation Monitoring and
Reporting Program, noting the five minute limit on idling; b) exempt the project
from the zoning and development regulations of the NBMC and the Newport Village
'Planned Community Development Plan; c) adopt Resolution No. 2009 -88 adopting a
Statement of Overriding Considerations and approving the Schematic Design for the
Civic Center Project (aka the City Hall and Park Development Plan); and d)
authorize staff and the construction manager (CW Driver) to prepare a Design -Build
Request for Proposals (R.FP) to construct the proposed 450 -space parking structure.
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
25. APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMITS AND
REASONABLE ACCOMMODATIONS - YELLOWSTONE WOMEN'S FIRST
STEP HOUSE, INC. - 1561 INDUS (YELLOWSTONE WOMEN'S FIRST STEP
HOUSE, .INC.) (UP 2008-034) (RA 2009 -004) (PA 2008 -105); 1621 INDUS
(YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) (UP 2008-085) (RA
2009 -005) (PA 2008 -106); 1571 PEGASUS (YELLOWSTONE WOMEN'S FIRST
STEP HOUSE, INC.) (UP 2008 -036) (RA 2009 -006) (PA 2008 -107); AND 20172
REDLANDS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) (UP
2008 -037) (RA 2009 -007) (PA 2008 -108) [681100- 20091. [Continued from the
September 22, 2009, Council meeting]
Motion by Council Member Daigle seconded by Council Member Webb to
continue the item to an Adjourned Regular Meeting of the City Council on
Wednesday, December 2, 2009, at 5:30 p.m.
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
26. COUNCIL REVIEW OF STAFF STATUS REPORT ON SIX OF THE CITY
COUNCIL'S 2009 PRIORITIES 1100- 20091.
City Manager Kiff provided a staff report to discuss the Traffic Management Plan,
Volume 59 - Page 337
City of Newport Beach
City Council Minutes
November 24, 2009
Civic Center EIR, parks and recreation projects, Banning Ranch, water quality
improvement projects, and the Lower Bay dredging project.
Without objection, the item was received and filed.
27. FACILITIES FINANCING PLAN (FFP) REVIEW 1401100- 20091.
City Manager .Kill utilized a. spreadsheet to discuss the opportunity to incorporate
the proposed budget for the Civic Center Project into the Facilities Replacement
Program.
Without objection, the item was received and filed.
XVIII. MOTI.ON FOR RECONSIDERATION -None
XDL ADJOURNMENT _ Adjourned at 10:20 p.m. to Wednesday, December 2, at 5:30
p.m. for an Adjourned Regular Meeting to consider the Yellowstone Recovery use
permit and reasonable accommodations appeals.
The agenda for the Regular Meeting was posted on November 18, 2009 at 3:80 p.m.
and the supplemental agenda for the Regular Meeting was posted on November 20,
2009 at 2:26 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
Volume 59 - Page 388