HomeMy WebLinkAbout1 - 03-27-2007CITY OF NEWPORT BEACH
City Council Minutes
Study Session
March 27, 2007 — 4:00 p.m
ROLL CALL
Present: Council Member Henn, Council Member
Webb, Council Member Daigle, Council I�
Excused: Mayor Rosansky
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON
In response to Council Member Daigle
confirmed that residents can get „ err
In response to Council Member Wet
opposition letter to AB 1355 will be
at it.
Pro Tem Selich, Council Member
General 90dees Director Harmon
#11, City Manager Bludau stated that the
„cities to give them an opportunity to look
Council Membe clarifica t 00 ence in item #7. Public Works
Director Badum e e will loo the rep cla corn t amount at the regular meeting.
"'�
2. NEW FIRE TRUCK IFIC ONS
Us res Lewi rovided the staff report. He explained the
differ etween e
Mayor Ro Sky joined a at 4:06 p.m.
Chief Lewis n collabor e e with General Services and the working relationship with
American LaFran'L
Chief Lewis provided t ' , _ c and the condition of the City's fleet. He provided information
on the location of the true' tion 2 on 32nd Street and Station 3 at Fashion Island and the
response times and how the a taken into consideration when developing the specifications. He
reviewed the .truck specifications and explained the justification behind .them. He noted the
importance of the equipment stored in the compartments of the truck, the truck responsibilities, and
the aerial operations. He also noted the use of the truck for ventilation purposes, vehicle extrication
and stabilization, forcible entry,. trench rescue, shoring, and explosions.
In response to Mayor Pro Tem Selich, Chief Lewis said the truck being replaced is 13 years old, and
typically the trucks are driven under,10,000 miles per year. .
Engineer Jeff Bogin explained that the issues with the suspension and drive shafts on the.trucks
and the downtime to fix these problems are the reasons a reserve truck is needed. The reserve truck
will be housed at the new fire station (Station 7). He reported that there are four reserve engines
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City of Newport Beach
Study Session Minutes
March 27, 2007
that are kept in various locations in the City.
City Manager Bludau indicated that at some point the Council still needs to address whether the
trucks have 3 or 4 persons on them.
In response to Council Member Webb, General Services Director Harmon indicated that this
purchase does not impact the City's ability to replace other departmental equipment in the next
year.
3. PLANNING DEPARTMENT WEBSITE PRESENTATION.
available for staff and the public. that the site is
explained some of the future enhancem He noted that app
:d the Council with a presentation
ige. He said that the contents were
He showcased the improvements to
in.real time since it is linked to the
s that the. information is getting
e explained the search features
tly under development and
lican n monitor their plan check
ADJOURNMENT - 4:45
City Clerk
wasp
ost
n March 21, 2007, at 3:30 p.m. on the City Hall
=of Ne Beach Administration Building.
Recording Secretary
Mayor
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
March 27, 2007 — 7:00 p.m
X.
am
Pres o e 7,0 from the Friends of the Newport Beach Public
ON Cit Newport — Susan Warren, Library Services Manager, presented a
eck in the a t o 7,000 from the Friends of the Newport Beach Library and introduced
Susan Hirsch, Vi resi Ways and Means, Friends of the Library.
clamation forIvest Aft Virus and Mosquito Week — Mayor Rosansky presented a
Pftamation comm orating West Nile Virus and Mosquito Week, to Tawnia Pett, Public Outreach
Coo tor, Orang4Countv Vector Control District.
Council Member Curry recognized the contributions of Congressman Campbell and Royce, and
Senator Feinstein for their efforts toward obtaining funding for the upper bay dredging project. He
looked, forward to a recommendation regarding the group home issue and especially AB716 that
would provide for an additional 4000 state beds.
Council Member Daigle acknowledged the efforts of Supervisor John Moorlach in obtaining funding
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I.
STUDY SESSION - 4:00 p.m.
H.
CLOSED SESSION - 4:45 p.m.
III.
RECESS
IV.
RECONVENE AT 7:00 PAL F(
V.
ROLL CALL
X.
am
Pres o e 7,0 from the Friends of the Newport Beach Public
ON Cit Newport — Susan Warren, Library Services Manager, presented a
eck in the a t o 7,000 from the Friends of the Newport Beach Library and introduced
Susan Hirsch, Vi resi Ways and Means, Friends of the Library.
clamation forIvest Aft Virus and Mosquito Week — Mayor Rosansky presented a
Pftamation comm orating West Nile Virus and Mosquito Week, to Tawnia Pett, Public Outreach
Coo tor, Orang4Countv Vector Control District.
Council Member Curry recognized the contributions of Congressman Campbell and Royce, and
Senator Feinstein for their efforts toward obtaining funding for the upper bay dredging project. He
looked, forward to a recommendation regarding the group home issue and especially AB716 that
would provide for an additional 4000 state beds.
Council Member Daigle acknowledged the efforts of Supervisor John Moorlach in obtaining funding
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City of Newport Beach
City Council Minutes
March 27, 2007
for $19 million in critical projects for Santa Ana Heights and $5.5 million for the new fire station
project. Council Member Gardner invited everyone to view new plantings at Big Corona and in the
median on MacArthur Blvd off of Coast Highway.
Mayor Rosansky announced that he attended the Police Appreciation Breakfast sponsored by the
Chamber of Commerce and thanked Pam Curry for inviting him to the Mayors Prayer Breakfast on
March 23`d. He announced that on Thursday at 6:00 p.m., in the Friends Room at the Central
Library, IROC will be holding their second meeting; and OCTA is currently recruiting volunteers for
the citizens advisory committee and, if interested, the contact pefson is Karen Taylor, 714 -560 -5347.
NII. CONSENT CALENDAR
A. READING OF M
1. MINUTES OF THE ADJOUR RE R MEETING AND REGULAR
MEETING OF MARCH 18, AND URNED REGULAR MEETING
OF MARCH 19, 2007 (100 071. Waive rea of subject minutes, approve as
written and order filed.
2. READING OF ORD. C AND RESOLUTIO Waive reading in full of
all ordinances and resolu under consideration and ct City Clerk to read by
title only.
B. ORDINANCES FOR
3. ORDINANCE Ai HAPT 2.63 OF THE NBMC REORGANIZING
AND UPDATIN THE C RO ONS REGULATING SOLID WASTE
MANAGEMENT 00-80 nee No. 2007 -5.
4. RD ANCE AM NG CHAPTER 15.45 OF THE NBMC REGARDING
DE OPMENT REEMENTS (100 - 2007]. Adopt Ordinance No. 2007 -6
amen 'ng Chapter 15. of the NBMC.
SOL WASTE COLLECTION. AWARD OF NON-
SIVE WASTE COLLECTION FRANCHISE
O F CHISEES (421100 - 2007]. Adopt Ordinance No. 2007 -7 granting a Non -
lusive 'd Waste Franchise for commercial collection to those Solid Waste
ection panes listed in Exhibit A of the staff report.
NDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH EIP
OCIATES, INC. AND BUDGET AMENDMENT - HCD COMMENTS AND
NAL PRINTING (oontd. from 3113107) (C-3620)[38/100-20071. a) Approve
and authorize the Mayor and City Clerk to execute the Fourth Amendment to
Professional Services Agreement with EIP Associates, Inc.; and b) approve budget
amendment (07BA -055) transferring $149,711 from the unappropriated General
Fund reserve to account 2710 -8293 General Plan Update.
7. NEWPORT BOULEVARD RIGHT -TURN LANE AT HOSPITAL ROAD
AWARD OF CONTRACT (C -8655) (38/100 - 20071. a) Approve the drawings and
specifications; b) approve a budget amendment (07BA -057) in the amount of
$339,167 from unappropriated fund balance of the Gas Tax Fund to Account No.
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City of Newport Beach
City Council Minutes
March 27, 2007
7181- C5200737; c) award a contract (C -3655) to Hillcrest Contracting for the total
bid price of $786,889, and authorize the Mayor and the City Clerk to execute the
contract; d) establish an amount of $79,000 (10 %) to cover the cost of unforeseen
work; and e) approve geotechnical and material testing services with Harrington
Geotechnical in the amount of $16,000 per the existing On -Call Professional
Services Agreement and $2,000 for printing and other associated costs.
8. MARINERS PARK IMPROVEMENTS - APPROVAL OF A PROFESSIONAL
SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. (C -3806)
(381100- 2007]. a) Approve a Professional Se ices Agreement with RJM Design
Group, Inc. for landscape architectural se ' at a not -to -exceed price of $155,008
and authorize the Mayor and the City erk to execute the agreement; and b)
approve a budget amendment (07BA- ) appropriating $29,000 to Account No.
7251- C5100817 for Mariners Park ro ents Cell Tower and increase revenue
estimates by $29,000 represe con trib ns from participating cell phone
companies.
9. ELECTRONIC CASE F NG ITIATPJE - RACT AWARD (C -8925)
(381100 - 2007]. a) t the commendation of t tegrated Law & Justice
Agency for Orange Co OC) and award the con to Deloitte Consulting
in an amount not to excee 0,000 to complete the work pecified in a Request for
Proposal (RFP to develop th equirements for an Electronic Case Filing Project,
and to assist i procurement ss for the identified solution, which is entirely
funded by gran . ' 'stered by City on the Agency's behalf; and b) authorize
the City Manage toe the cunt which has been approved by the Agency s
Legal Counsel , he New each ttorney's office.
10. O GE CO VOArZand TRA RTATION AUTHORITY (OCTA)
MENT N COOPERATIVE AGREEMENT NO. C -95 -985 (C-
8061) 38/100 200e Amendment No. 12 to Cooperative Agreement No. C-
95-98 between th the City; and authorize the Mayor and City Clerk to
11. WPO ON TO AB 1866 (HOUSTON) RELATING TO HARBOR PATROL
Qla 200 uthorize the Mayor to issue a letter of opposition to AB 1355
top). re g to County Sheriffs and harbor safety and security.
CHASE OF NEW LADDER TRUCK FOR THE FIRE DEPARTMENT
2007]. a) Approve the sole source purchase of a new 100 foot drawn aerial
r truck from American LaFrance of Los Angeles for $834,967:38 (including
and b) approve a budget amendment (07BA -058) in the amount of $834,967.38
d the purchase.
18. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF
THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO
MAINTENANCE & OPERATIONS BUDGET ACOUNTS FOR FY2006/07 (100-
.2007]. Approve a budget amendment (07BA -060) to increase revenue estimates by
$17,000 in Account No. 4091 -5892 (Friends of the Library Donations), and increase
expenditure estimates by $17,000 in Division 4091, Friends.
S21. JOHN WAYNE'S CENTENNIAL CELEBRATION BANNERS — APPROVAL
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City Council Minutes
March 27, 2007
OF ENCROACHMENT PERMIT NO. N2007 -0149 1100- 20071. Conditionally
approve Newport Beach Conference and Visitors Bureau request for the installation
of 80 banners on 80 streetlight poles from March 29, 2007 to April 29, 2007 for the
John Wayne Centennial Celebration with installation along Jamboree Road,
MacArthur Boulevard, Newport Boulevard, and East Coast Highway.
Motion by Mavor Pro Tem Selich to approve the Consent Calendar, noting the
abstention by Council Member Webb on Item #S, and the correction to Item #7.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member , Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council ember Daigle, Council Member Gardner
)[III. ITEMS REMOVED FROM THE C NSENT C D one
X1V. PUBLIC HEARINGS
14. IN -LIEU PARK DEDICATION E USTMENT - AISAL OF EAST13LUFF
AND BOB HENRY PARK (c fro 2/27107 & 3113107) [ 0071.
City Manager Bludau explained originally the BIA asked or a 30 -day continuation
therefore he is requesting that this its be continued until April 10, 2007.
Motion by Con cil Ykhh to co ue the item until April 10, 2007.
The motion carried by the Uowm call vo
Ayes: Coun ' Member He , Co cil Curry, Mayor Pro Tem Selich, Mayor
Ro Council Me ebb, Counc Member Daigle, Council Member Gardner
15. ORT ACH BR G' COMPANY, REVIEW OF USE PERMIT NO. 3485 -
292 WP T BOOLEV (PA2006 -177) [100 - 20071.
la Camp a N that as a result of complaints the Planning Commission
7revie his it three times and on January 4, 2007 acted to place additional conditions
he it. it decision was appealed by representatives of The Cannery Village
cerne tall mends that the City Council deny the appeal and uphold the
ning mmissio decision. The applicant has moved forward to mitigate the
itions a d the Planning Commission has scheduled a review for October.2007.
or Pla r Campbell addressed Council questions and concerns.
opened the public hearing.
Bruce Pw, resident and representative of The Cannery Village Concerned, spoke about
Conditions #9 and #10. He presented Council with a copy of the September 27, 1993 City
Council minutes that indicated to him that the daytime net public area of 1500 square feet
was intended to apply seven days a week until 5:00 p.m. He was concerned about vehicles
traveling at a high rate of speed, abuse of the parking area, abuse of adjacent personal
properties, and felt the applicant was not complying with the intended use (Condition #10).
Kevin Weeda, a resident and business owner operating a business on 30th Street, said the
group of concerned residents did not want to drive away the business, merely have the
applicant comply with the CUP. Most problems occur late at night and he believed the
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City of Newport Beach
City Council Minutes
March 27, 2007
business should be limited to an 11:00 p.m. closing
Jerry Kolbly, co- owner, Newport Beach Brewing Company, spoke about his establishment
and the fact that it had maintained the same social atmosphere for the past 12 years. He
has attempted to work with adjacent neighbors and staff to resolve the issues. There is a
security guard stationed at the rear door and patrons enter and exit via Newport Boulevard
only on Friday and Saturday nights after 10:00 p.m.
Steven Miles, attorney for Newport Beach Brewing
was stated that the Brewing Company was not opi
City and adjacent residents to solve problems. W
from the parking area, the police report indica
talking in the patio area and that passing tr
main entry, the only door that was open to or
Brewing Company would provide per nt or
until 30 minutes after closing if the CAPagreed to e
to one hour on weeknights. A
In response to Council Membe SaUdd
adopted in 1988 when she w
Commission based its decision to
by the applicant that a was a res
continue serving food hout the
understanding by the C tha
Mike Madlock, founder, N
prevail an he current i
Comps ade many
years a com v has oue
Co pany, found it disingenuous that it
suggestions and working with the
respect to concerns regarding noise
that the only noise, came from patrons
owned out the noise. In addition to the
the patio door. He believed that the
it9lfpr the parking lot from 10:00 p.m.
xten a hours of operation 30 minutes
Orty Attorney Clauson sa t the regulations were
isor to the Planning Co fission. The Planning
he sale of liquor in 1999 based upon representations
nt and the intent was for the establishment to
w6l#& hours: There was never a representation or
this WVd turn into a bar after 11:00 p.m.
wing° ompany, felt that common sense should
a re mixed uses in the area. The Brewing
and rn
u a business -like establishment. For twelve
t one code violation.
Loft owne adjacent to the Brewery, said he has observed all types, of
arypar lot. The Brewery has offered no solution and ignores
Stepha R.os Cannery. Village resident, has made several complaints about the
Brewing pany the parking lot being noisy.
John Faul E@id he has lived and worked in the area for three plus years and the residents
have recent come together to address issues that have not been addressed by the applicant
d the Ci . He said it did not make sense to him that the restaurant would not be forced
ply ith their CUP.
Georgichroeder, Cannery Village said this neighborhood has been zoned mixed use for 20
to 30 years and the problems with the Brewery are not new.
Tony Shepherdson said he lives one block away from the Brewing Company and more than
just the units in the Brewery are affected. He has lived on the street for 23 years and the
problem has. grown over the years. For the majority of the nights there is virtually no
parking available due to all of the restaurants in the area. The problems grow out of
allowing alcohol and he felt that the problems could be resolved by limiting the hours of
operation.
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City Council Minutes
March 27, 2007
Joe Reese said he has been dealing with this over a year. In 1993 and 1999 the intent was
clear that this establishment was to be a restaurant. He was personally carded and denied
food after 10:00 p.m. and he has observed individuals standing around drinking after 10:00
p.m. In reviewing this project the Planning Commission concluded that the establishment
was operating as a bar. The Planning Commission wanted assurance that the Brewing
Company would operate as a restaurant and there would be no "carding" at the door. There
were 32 arrests in the area on St. Patrick's Day and every night residents are subjected to
fighting and other obscene behavior. He asked the City to enforce the CUP.
Drew Wetherhault said residents on 29th and 30th str s have constant problems with the
establishment nights and weekend. BJ's brewery " early a restaurant. After 10:00 p.m.
Newport Beach Brewing Company is clearly a and there is clearly a problem with
consumption of alcohol. He asked that the Cit ke the permit.
Kristen Andros Low said that the owner the re nt operates until 11 :00 p.m. and
thereafter it operates as a bar as evide d by a queuing and carding.
Bruce Low said there were
establishment and on beha
neighborhood to a reasonable,
Mr. Miles entered documents
issue to the Coastal
acquiring the parcel on
Mr. Miles responded to M o
CommZyas acceptabl
Selich on would
hours n to 11:00 p
and debate
the
keel.
eighborhd56F&hat had issues with this
he asked Oft the City restore the
into the d and spoke to Mr. Weeda's "threat" to take this
Sion. He st that Mr. Weeds has a financial interest in
ort Beach ewing Company resides.
r Pro T th Condition #26 imposed by the Planning
to th rewin parry. When asked by Mayor Pro Tern
ptable, returning to beer only sales or cutting back the
Mr. Miles stated that he believed neither option would be
Motion oun2 ember Henn to uphold the conditions of the Planning Commission
with the fol wing ents: 1) amend Condition #19 to prohibit the use of the parking
lot entrance }ty no later than 9:00 p.m.; 2) amend Condition #22 that a full time security
person be i 'the parking lot every night at 10:00 p.m. until one - half hour after closing; 3)
C"e. ndit n #6 be made clear that it applies seven days a week; and 4) in order to help
w" Company to get back to its original and contemplated mission, that they may
not rd liquor after 10:00 p.m.
Council Member Gardner asked if Council Member Henn would amend Item 4 to indicate
the restaurant will close at 11:00 p.m. on Friday and Saturday. Council Member Henn
asked for input from other Council Members.
Council Member Daigle said it was clear to her that the restaurant element goes away
between 11:00 p.m. and 1:00 a.m. and supported Council Member Gardner's amendment.
Council Member Curry asked that "carding" not be used to differentiate between a
restaurant and a bar operation.
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City Council Minutes
March 27, 2007
Mayor Rosansky felt residents could more appropriately address Condition #6 with the
Coastal Commission. He would favor eliminating hard liquor sales past 11:00 p.m. on
Friday and Saturday.
Council Member Henn felt it was clear that an unintentional error was made because the
City mandates should be consistent with the Coastal Commission mandates.
Mayor Pro Tem Selich supported elimination of Condition 6.
Council Member Webb felt it would be prudent to Asuwnday. the recommendation to determine
whether there is a parking problem on Saturday Council Member Daigle said
staff felt a parking study should be done.
Mayor Pro Tem Selich supported
p.m.
Council Member Henn
sales until 11:00 p.m. on Friday
decision of the Planning
the conditions as noted:
liquor sales to cease at 1'
modified Condition #22 to
until 30 ' s after clos
door 9 p. .; and oiler
XVaL PUBLIC COMM
carried
Henn,
to sell liquor until 11:00
m6.
to change thXcon on to allow hard liquor
or Pro Selich to deny the appeal and uphold the
ission to rn Use Permit No. 3485, with modifications to
the o
mg hours; on Friday and Saturday hard
P.M.; age ndition #6; eliminated Condition #26;
are in the parking lot beginning at 10 p.m.
Co tion #19 ed to prohibit entrance through the back
ave discretion on carding requirements.
the following roll call vote:
Pro Tem Selich, Mayor Rosansky, Council Member
Member Daigle, Council Member Gardner
the interest in the saturation of recovery facilities has grown and interested
vport Beach will send a newsletter and emails inviting residents to attend the
meeting to show support for a moratorium.
Beach Association and member of the IROC Committee presented a map
don of rehab facilities and felt that SB1000 would make matters worse.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem Selich announced that the General Plan Implementation Committee would meet on
March 28th at 3.30 p.m. in Council Chambers.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
18. PLANNING COMMISSION AGENDA FOR MARCH 22, 2007 (100- 2007].
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City of Newport Beach
City Council Minutes
March 27, 2007
Planning Director Lepo reported on the following Planning Commission agenda items for
March 22, 2007: Variance No. 2006 -003 for 709 Kings Road; the valet /parking management
plan at 1370 Bison Avenue; Use Permit No. 2006.038 for the Wine Gallery; a report on
parking in -lieu fees; and a GIS application update.
The Council recessed at 9:45 p.m. and reconvened at 9:55 p.m. with all members present.
MX- CURRENT BUSINESS
18. PROFESSIONAL SERVICES AGREEMENT FOR MPREHENSIVE REWRITE OF
THE ZONING CODE (TITLE 20) AND PLA ING DEPARTMENT BUDGET
AMENDMENT 1100 - 20071.
Associate Planner Ramirez stated that the p of the budget amendment is to acquire
monies for a rewrite of the Zc Code an QA 'ew.
Motion by Council Member Dai 1, a) approve t PSA with Hogle- Ireland for the
Zoning Code Rewrite and CE
Re w; a d b) approve dget amendment (07BA -061)
transferring $632,420 from the ppro ted General eserve to a new Planning
Department Account, 2710 -829 ode Rewrite.
The motion carried by the following'IqLcall vote
Ayes: Council Membe enn, Council tuber Curry, Mayor Pro Tem Selich, Mayor
XVIII. CONTINUED BUSINESS
COUNCIL ONSIDERA ON WH R TO RESCIND ITS FEBRUARY 27,
2007 D N TO I THE P OCESS TO DEVELOP PHASE 1 OF
RT NTER PAR REFER THE PROJECT BACK TO THE PARKS,
BE ES RECREA ON COMMISSION FOR RECONSIDERATION [100-
2007.
rn lauson n this matter was brought about as a Parks, Beaches and
Recre (P Commissioner was discovered to have a potential conflict of interest due
to the p mity er residence to the subject property and whether the alleged violation
might res in a la t to rescind the Council's previous decision.
Debra Alle recipien f the alleged charges, said the charges were absolutely false. Upon
advise fro Assistant City Attorney Harp she contacted the Fair Political Practices
Commissio and was told there would be no conflict of interest as a citizen and PB &R
missio r with her speaking on this matter at the February 27 City Council meeting.
S as v disturbed that the City had left the impression via a press release that she
had ct of interest and felt that her reputation had been irreparably damaged as a
result, a furnished the City Council with a copy of a certified appraisal that indicated her
property value would suffer no financial impact as a result of the Council's decision.
Rosansky, Coun er Webb, Co 'Member Daigle, Council Member Gardner
Volume 58
17.
Barry Allen provided four documents testifying to the fact that this matter would have no
affect on Debra Allen's property. There is no conflict of interest by a PB &R Commissioner
and the threat of a lawsuit is merely to get the City to overturn its decision so that further
consideration can be given to placing city hall on the site. He encouraged the City Council to
vote no on this agenda item.
Elaine Linhoff was upset by Tom Johnson's article in The Daily Pilot and asked the Council
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City of Newport Beach
City Council Minutes
March 27, 2007
to stand by its vote and move forward to develop the park.
Wendy Brooks wanted Council to consider placing a new city hall and park next to the
library because it would better serve the needs of the community and its residents.
Shirley Conger felt the Tom Johnson article was an attempt to divert attention from the
City Council's decision.
Allan Beek thanked the Mayor for clarifying the is at hand and recommended the
Council remove this item from the agenda or vote no.
Tom Moulson found the entire issue laughable.
Karen Twingali said she won't speak abompmow Nann the City treats its volunteers or 40 how little effort it takes to come up perceivicts of interest. As a resident of
Newport Beach she lives 1.8 miles the parone who speaks in support of
proceeding with the building oft ark ould the Council should proceed
accordingly and support its con uents.
Bill Ficker asked the Council to'pWhis matter on hold and rearch alternative options
because the park is one of the lowest rities in the City's General Plan.
Dick Nichols urged the to reconsi his matter and give the City time to consider a
better plan for the prope
Barton Beek felt it woul a wise oun— to reconsider this matter and give the
residents time to con er t decisio better educating the residents and putting
the ma to vote of the p
ohnson aid he has bee volved with parka for many years and served on the PB &R
Com 'on ' he 1970's. He It that the project site should be re- designed as a people -
tndly a park' West Newport Beach.
Garre mit N t Debra Allen deserved thanks for her years of volunteerism but
should bout because there are many individuals and groups that volunteer
their se s ty. He felt the only fair way to resolve this matter was to let the City
continue to a area for the best use and finally put it to a Grote of the people.
Croul,f6quested the City Council reopen the issue of whether a park should be built on
2 -ac site because it is clear the residents are divided on how the property should be
Hugh gan was confident that Council would fairly review this issue and move forward to
Protect the site as a park.
Bob. Shelton felt the real issue was whether or not the decision was the right decision and
urged the Council to reconsider the site for joint use.
Evvy Compton asked Council to rescind its decision and reconsider using valuable City
funds on a project that people would use.
Lucille Kuehn urged Council to rescind its motion, refund the donor's money, revisit the
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March 27, 2007
issue and bring forth a better solution for use of the site.
Phil Arst complimented the Council Members who voted to protect public parkland. The
real issue is where to locate City Hall and in his opinion, this site would not be suitable.
Nancy Skinner asked Council to return the matter to PB &R because it would be helpful for
the citizens to better understand the proposed design concept for the park.
George Schroeder felt the only issue was whether the conflict of interest applied and once
determined the Council should move forward according]
Ron Hendrickson believed the City was not
parks. Therefore, this 12 -acre park is not i
properly analyzed. It would be unfortunate
property for a city hall. A 0
Jan Vandersloot said that althoughffi
before the Council vote tonight i rif
the Council could ultimately u d its
City Attorney Clauson responded
maps are to within fi e feet and rei
determine whether the a conflict of
passive parks but was short on active
this time and this issue has not been
gdid not consider a small portion of the
n was not ut Debra Allen he asked that
r she has a c ct of interest and whether
vote.
Member Webb that the accuracy of the GIS
that it is not the Council's responsibility to
Substitu% Q moti% Ma r osanskv to rescind the City Council decision of February
roceed', ith the design and eventual construction of Newport Center Park
refer th ' Jmatter back to the Parks, Beaches and Recreation Commission in
ct a full public outreach effort.
motion failed by the following roll call vote:
osansky, Council Member Webb
Member Henn, Council Member Curry, Mayor Pro Tem Selich, Council
Member Daigle, Council Member Gardner
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selicb, Council
Member Webb, Council Member Daigle, Council Member Gardner
Noes: Mayor Rosansky
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City Council Minutes
March 27, 2007
XDL CURRENT BUSINESS (contd).
19. LEGISLATION RELATING TO GROUP HOMES [100- 2007].
Assistant City Manager Kiff explained that Senator Harman's bill addresses homes owned
by the same owner and that the original intent of the IROC was to increase the distance to
1000 feet and felt the 1000 feet should apply between facilities and did not limit it to the
same owner.
Bob Rush pointed out what he felt were flaws and inconsistencies in SB1000 and why it
might not be the best legislation. He asked the Co cil to withdraw support from the
Harman bill because it could be a detriment to the Ci
City Attorney Clauson explained that many of integral facilities in the City are located
within 300 feet or less of each other. There ber of these facilities that operate as
integral facilities that are located blocks a from other. If the 300 -foot wording were
removed, SB1000 would clarify that Is operations operate across multiple locations
would be subject to local CUP or o r types of permi uirements. The bill could say
"facilities owner or operated by th e p , son or entity or t provide or use services that
are integral of shared with ano r faci ' ; and recommend t 000 foot separation.
Dick Nichols expanded on the recd endations proposed by City Attorney Clauson.
Motion by Mayor_ sans to t staff to send a letter to Senator Harman
recommending change 8 by City rney Clausen (changing and to pg) and asking
him to eliminate langua and to th stancing requirement; and, keep the Dutton
bill as presented.
The motio ried by the ow ll c
Ayes: uncil ember He Council Member Curry, Mayor Pro Tem Selich, Mayor
sans , Council Me r Webb, Council Member Daigle, Council Member Gardner
20. LCP NO. 20 -0ol - CLUP UPDATE (PA 2007 -027) - UPDATE OF
C U PLAN TO REFLECT THE LOCATION, TYPE,
IE INT IES OF LAND USES ESTABLISHED BY THE NEW
LAND E MENT AND INCORPORATION OF OTHER NEW POLICIES OF
THE G RAL AN [681100 - 2007].
Patrick d distri b ted corrected maps and indicated that the OS overlay should be PR
on thel Land Use Map.
o i C uncil Member Webb to adopt Resolution No. 2007 -20, as amended to
ve t policies in Section 4.5.2, approving the Coastal Land Use Plan and authorizing
sub to the Coastal Commission for formal review and approval.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
XK MOTION FOR RECONSIDERATION — None
XXI. ADJOURNMENT - At 12:15 am. in memory of Retired Lifeguard Chief Kendall "Jake"
Volume 58 -Page 101
City of Newport Beach
City Council Minutes
March 27, 2007
Jacobsen
The agenda for the Regular Meeting was posted on March 21, 2007, at 3:30 p.m. on the City Hall
Bulletin Board located outside of the City of Newport Beach Administration Building. The
supplemental agenda for the Regular Meeting was posted on March 23, 2007, at 1:35 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
Volume 68 - Page 102