HomeMy WebLinkAbout01 - 07-22-2008 - MinutesAgenda Item No. 1
August 12, 2008
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
July 22, 2008 — 7:00 p.m.
I.
STUDY SESSION - Cancelled
II.
CLOSED SESSION - 5:00 p.m.
III.
RECESS
IV.
RECONVENED AT 7:00 P.M. ]
V.
ROLL CALL
Present: Council Member Henn, Council Mem
Selich, Council Member Webb, Council
VI. CLOSED, SESSION REPORT
Mayor Pro Tem Daigle, Mayor
, Council Member Gardner
City Attorney Clausen reported that Colqpcil ajiji.purchase`Vgreement to sell a portion of
City - leased property next to its oil fields o the Oi a e'V6dpLy_ Sanitation District so they can
redevelop a new pump station. She discus &ed the terms of the agreement and reported that the
signed agreement will be available in the 6lty Clerk's office.
VII. PLEDGE_ OF,ALLE
VIII. INVOCATION - Pad
IX.
PRESENTA
X
NOTICE, TO
XI.
tf
CITY Xdl
Member Henn
her
Council Me
Chambers
settlement.
- Council Minber Henn
Embree, Neort Harbor Lutheran Church
OR MATTERS WHICH_ COUNCIL_ MEMBERS
tE „AGENDA FOR D, ISCUSSION, ACTION_ OR
that he will be abstaining on Item 8 (Assessment District No. 100).
anounced that the McFadden Square Centennial Legacy sculpture was
thanked everyone involved.
reported that a forum will be held on July 30 at 7:00 p.m. in the Council
the group homes issue and the Sober Living by the Sea proposed.
Mayor Pro Tem Daigle discussed the Governor's Cup and events that took place at the Balboa
Yacht Club. She announced that the Newport Harbor Yacht Club won this year's Governor's
Cup.
Council Member Curry commended Assistant City Manager Kiff for his presentation at Speak
Up Newport regarding group homes issues.
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City Council Minutes
July 22, 2008
Council Member Curry announced that the City Arts Commission is holding Concerts in the
Park.
Council Member Curry announced that the Newport Naturalists and Friends will be holding a
Plein Air Art Show and Sale on July 26 at the Muth Center from 6:00 p.m. to 8:00 p.m.
XII. CONSENT, CALENDAR
A. READING OF MINUTES%ORDINANCES AND.RESOLUT]DNS
1. MINUTES OF THE SPECIAL MEETING AND "RL LAR MEETING OF
JULY 8, 2008. [100 -2008] Waive readingf& subject,bjnutes, approve as
written and order filed.
2. READING OF ORDINANCES. AND RES01 UTIONS. Waiveding in full
of all ordinances and resolutions undei conaieration, and direct G Clerk to
read by title only.
B. ORDINANCE FOR INTRODUCTION r
C. RESOLUTIONS FOR ADOPTION
4. PROPOSED ASSESSMENT DISTRICT N04-99-2 - AREA GENERALLY
BOUNDED BY BA11"NuR .ULEVARD AND, OCEAN FRONT WEST,
FROM WEST OF 20TI%STikR". 14TH STREET, AND 19TH STREET
BETWEEN NEWPORT CHANNZL Al�fiIIIBALBOA BOULEVARD FOR
UNDERGROUNDING f1UTILI S AN DESIGNATION AS AN
UNDERGROUND UTIL ELI � DISTRICT. [891100 -2008] a) Adopt the
following lutions for prF ied Assessment District No. 99 -2: 1) Resolution
No. 20 • dopting a Mahowing the Proposed Boundaries of, and Making
App�jmtmen For Proposed sessment District No. 99.2; 2) Resolution No.
200'$ -69 Declaring Intention t Order the construction of Certain Improvements
inf oppose ssessment Distri ,' No. 99.2; Declaring the Improvements to be of
Species B 6
g4e District to be Assessed to Pay the Costs and
Expens ereof; Providing for the Issuance of Bonds; and to Designate the
¢ CE Chi an
nary t oval Utilities
the Assessment Engi eer for
Assssmentt
DistAN,x
t.No. 99- tting a Time and Place for a Public Hearing as September
23, 20, and Or ring the Initiation of Assessment Ballot Procedures; and b)
approves the Bond Counsel Agreement with Robert Hessell and authorize the
Mayor d the City y y Clerk to execute the agreement.
GENERAL PLAN AMENDMENT INITIATION - SAFETY ELEMENT
":a 3 (PA2.608 -131). [100 -2008] Adopt Resolution No. 2008.71 to initiate a General
lap amendment to the Safety Element to incorporate the Local Hazard
itigation Plan (LHMP).
6. TRANSFER OF DEVELOPMENT RIGHTS IN NORTH NEWPORT
CENTER PLANNED COMMUNITY (PA2008 -126). [100 -2008] Adopt
Resolution No. 2008 -72 approving a transfer of development rights in the North
Newport Center Planned Community for 1) the conversion of 72,000 square feet
in Block 500 from City Hall to general office and 2) the transfer of 24,428
square feet of general office from Block 600 to Block 500.
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July 22, 2008
D. CONTRACTS AND AGREEMENTS
APPROVAL OF AN ON -CALL PROFESSIONAL SERVICES
AGREEMENT FOR PROJECT MANAGEMENT AND CONSTRUCTION
ADMINISTRATION SERVICES WITH TRAKER DEVELOPMENT (C-
4064). [381100 -2008] Approve an On -Call Professional Services Agreement
with Traker Development for project managementand construction
administration and authorize the Mayor and the Cityk4 {flerk to execute the
Agreement.
8. REQUEST FOR FUNDING FOR
ASSESSMENT DISTRICT NO. 100
BALBOA BOULEVARD, ADAMS STR
13TH STREET) (C- 4025). [381891100 -2(
(09BA -003) authorizing an additional
amount of $77,449.82 to account nun
No. 100 assessment engineering and=
b) authorize the Mayor to exec_ a
Harris & Associates in an am. n
engineering and pre /post - district fo
abstained on this item]
.OP r ED
NDEDE BY R WEST
WEST Q MAN FRONT AND
a) Approve a`ladget amendment
from the Ger 66% Fund in the
r 74100 -9812 for Assesg'"b t District
/pagt- district formation seices; and
r&ssional Services Agreement with
to exceed $99,795.00 for assessment
,n services. [Council Member Henn
9. DOVER DRIVE PEWALK IMP MENTS AWARD OF
CONTRACT (C- 366 {8(110 -2008] a) Appve the project drawings and
specifications; b) awarf the' ' x (C 3652) Ao Peterson -Chase General
;ti
Engineering Inc for t toia'I rice of $393,600, and authorize
the Mayor and the City lerk t execute t contract; and 3) establish an
amount of $39,000 to cove he "t of materials analysis and unforeseen work.
10. TASTE: EWPORT k NERS - APPROVAL OF ENCROACHMENT
PERMIT N 08 -0252. [10O`2008] a) Conditionally approve the request of the
Newport Be, - ch Chamber of Cimmerce for the installation of 191 banners, from
ust 25,. 008 to Septemb 22, 2008, for the annual Taste of Newport
(ins latiomboree Road, MacArthur Boulevard, Westcliff
Drive;`. st Highway an Newport Boulevard); and b) waive City fees
lViiiN# ociate % ath the banners and their installation
1. APPOVAL AN AGREEMENT WITH THE COUNTY OF ORANGE
FOR` ARTIC TION IN STAGE 12 OF THE FEDERAL BEACH
EROS*)N CONTROL PROJECT (C- 3443). [381100 -2008] Authorize the
Mayor o execute an agreement with the County of Orange for a sand
replenihment project in the Huntington Beach Littoral Cell which covers the
stretch!` of shoreline between the San Gabriel and the Newport Bay Harbor
12. P ROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
REEMENTS WITH DOTY BROS. CONSTRUCTION COMPANY (C-
3881) AND VALVERDE CONSTRUCTION, INC. (C- 3994). [381100 -2008]
a) Approve Amendment No. 1 with Doty Bros. Construction Company, for on-
call underground utility repair services and authorize the Mayor and City
Clerk to execute the Amendment; and b) approve Amendment No. 1 with
Valverde Construction, Inc. for on -call underground utility repair services and
authorize the Mayor and City Clerk to execute the Amendment.
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13. MARINA PARK - PROFESSIONAL SERVICES AGREEMENT WITH
NEWFIELDS LLC FOR BIOLOGICAL, CHEMICAL AND TOXICITY
SAMPLING AND ANALYSIS OF MARINE SEDIMENT /ORGANISMS (C-
4065). [381100 -2008] a) Approve and authorize the Mayor and City Clerk to
execute the professional services agreement with NewFields LLC to conduct
biological, chemical and toxicity sampling and analysis of marine
sediments /organisms, including disposal review /reportinnd permitting for
the Marina Park project at a not to exceed price of $114,160.
E. MISCELLANEOUS
14. CONTINUATION OF THE CONSIDERIO_,TO AWARD THE
CONTRACT FOR LANDSCAPE MAINTF�,, ANCE 0 1GITY PARKS AND
FACILITIES. [100 -2008] Continue the g: sideration to`- _ard the contract
for landscape maintenance of City parks end facilities until Ault 12, 2008.
15. 2008/2009 CULTURAL ARTS GR�4TS. ,4100 -20081 Approve r6 mmended
recipients for FY 2008 /2009 Cul�t�t`fi�al Grants as selected by the City Arts
Commission in accordance wither rt. P cy I -12 - Reserve Fund for Culture and
Arts.
16. PURCHASE OF A MODULAR FIE TRAILER FOR THE
CORPORATION YAR�. [100 -2008] Au ize the purchase of one 12' x 40'
modular office build':,;,l r:Qr�, Modular St ores International, Inc. of
Riverside at a cost of
18. EMERGENCY REPAIR. OF OIUt ION WELL NO. 4. [73/100-
2008] Approve the emergency expenditure of $33,969.33 from the Tidelands
Fund required to repair Oil!Pr¢'eluction Well No. 4.
19. RESR6NS TO ORANG1 COUNTY GRAND JURY REPORT. [100 -
20Q j a) Approve the responbe letter to the 2007 -2008 Orange County Grand
J1 y Report.', "No County for(I ld Boomers - When Orange County Boomers
" Where 'I Lives "and b) authorize the Mayor to submit the letter
v:-
to th �duig u Superior Court pursuant to Penal Code 933.05 (a)
O.T PO ION 'iCLASSIFICATION: CODE AND WATER QUALITY
EN CEMEft_ OFFICER TO CODE AND WATER QUALITY
ENFO_ CEMENT OFFICER, SENIOR. [100 -2008] Approve the City
Managbr's recommendation to reclassify a Code & Water Quality Enforcement
Officerosition to the new classification of Code & Water Quality Enforcement
Officeif Senior.
APPROVAL OF SALARY ADJUSTMENTS FOR MANAGEMENT
raseAND DEPUTY BUILDING OFFICIAL. [100 -2008] a)
rease the salary range for Principal Civil Engineer and Deputy Building
Official classifications by 5 %; b) increase the salary range for the Assistant City
Engineer and City Traffic Engineer classifications by 2.43 %; and c) approve a
budget amendment (09BA -001) transferring $43,466 from the General Fund
Balance: $23,686 to the Building and $19,780 to the Public Works
Departments for salaries and salary - related benefits accounts.
S28. APPOINTMENT OF JOAN PENFIL TO ENVIRONMENTAL QUALITY
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AFFAIRS CITIZENS ADVISORY COMMITTEE. (100 -2008) Confirm
Council Member Curry's appointment of Joan Penfil to the District 7 seat on
the Environmental Quality Affairs Citizens Advisory Committee (EQAC).
Motion_by Mayor Fro Tem Daigle to approve the Consent Calendar, except for the items
removed (3 & 17), and noting the abstention by Council Member Henn on Item 8.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, Council Men_l* Gardner
XIII. ITEMS. REMOVED FROM THE _CONSENT CALENDAR
3. ORDINANCE TO REPEAL CHAPTER .:-°1.30, ELECTIO' = CAMPAIGN
DOCUMENTS, OF THE NEWPORT BEACHaMUNICIPAL CODE *C). (100-
2008] TIV
mV
In response to Dick Nichols' questions,City Atti3rney Clauson reported that the item
was not brought forward at the reque gf =any Council Member, but because an
attorney questioned the constitutionality 01 pter 1.30. She added that the City
Clerk has concerns about enforceability. 1,
Council Members Rosansky anD -Curry noted that tftpill be abstaining on this item
since they are running for reelq l i
Motion b Council Member tr ., repealing
y _ _ __ Webb to a) tro dinance No. 2008 -15 re g
Chapter 1.30 of the NBMC, and' ass to;i:(econd reading on August 12, 2008; and b)
direct staff to research the constitu iongl'issues raised, the practical enforcement issues
presented by the,_ nance, and brit back for Council discussion and consideration
after the Nove W, 08 election. ? ,
The motio !karried the following roll call vote:
Ayes: Co� 1 M r Pro Tem Daigle, Mayor Selich, Council Member
Webb, izncil Member afdner
Ah " uncil ber Rosansky, Council Member Curry
17. ,"._- COUNCIL VIEW �� , STAFF STATUS PROGRESS REPORT ON SIX OF THE
CITY COUNdi, PRIG IES FOR 2008. (100 -2008)
In response to Pick Nichols' question, City Manager Bludau clarified that there are a
total of 12 pri_ities. He addressed how updates are presented to Council and noted
hat the City's ebpage regarding priorities is updated regularly.
M�__°-_ bx. o until Member. Rosansky to receive and file.
The moi carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
XIV. ORAL REPORTS FROM CITY, COUNCIL ON COMMITTEE ACTIVITIES -None
XV. PUBLIC HEARINGS
It was the consensus of Council to consider Items 23 and 24 prior to discussing Item
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July 22, 2008
22.
23. PROPOSED ASSESSMENT DISTRICT NO. 101 - AN AREA GENERALLY
BOUNDED BY BUENA VISTA BOULEVARD, EDGEWATER AVENUE, ADAMS
STREET, BALBOA BOULEVARD - FOR UNDERGROUNDING UTILITIES AND
DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. [891100 -2008]
Mayor Selich read the procedures for the Assessment District. 46 nior Civil Engineer
Tauscher provided a staff report. U {t{
Mayor Selich opened the public hearing. "
Jack Price, speaking on behalf of Sandra Winch, discussed reams s for her opposition
and provided a handout. iy?" !!18!
Donald Beatty stated that he is opposed to tt' Assessment District-�a" expressed
concern about the financial burden this placedn eldcly residents.
gr
Burt Aanenson expressed opposition and took i ,'sue with the criteria discussed in the
staff report.'
Hearing no further testimony, Mayor Selich c „d the public hearing. He announced
that staff will tabulate the ballots and then Counclii, ,ill take action on this issue when
the results are returned to the uty City Clerk.
w ;-
24. PAVILION'S WINE TASTIN APP ai t °'j 1 NEWRT COAST DRIVE -USE
PERMIT NO. 2007 -029 (PA20 7 -243) TO ' .}VINE AND BEER TASTING
COUNTER WITHIN AN EXISTING PAVILION'S' GROCERY STORE (contd.
from June 10, 2008). [100- 2008j!
Assistant P1an4ova provided 'the staff report and distributed an amended
resolution -that cha es the LEAD gaining requirement (Condition 9) and hours of
operation. i
Mayor Se is ene yp WwJwAr tg.
Beth,„ lafia, representative, described the tasting area and requested that the
i Condit «9 be amended to not require beverage suppliers to be LEAD -
trained sinc- AD -tra? d Vans employees will be supervising the tastings. She also
requested tha ondition ft be amended to clarify the intent.
Council Membe€ Rosansky suggested that language be included that only allows store
employees ands epresentatives of the beverage supplier to serve beverages during
M Velicl�;'closed the public hearing.
tI,..g
Motion=' Council Member, Gardner to adopt amended Resolution No. 2008 -74,
approving Use Permit No. 2007 -029 subject to the findings and conditions of approval.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
22. AERIE (PA2005 -196) - 201 -205 & 207 CARNATION AVENUE AND 101 BAYSIDE
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PLACE - THE PROJECT CONSISTS OF THE DEMOLITION OF AN EXISTING
14 -UNIT APARTMENT BUILDING AND SINGLE - FAMILY RESIDENCE AND
THE CONSTRUCTION OF AN 8 -UNIT RESIDENTIAL CONDOMINIUM
BUILDING. [100 -2008]
Brion Jeannette, Architect, utilized a PowerPoint presentation to discuss the
Predominant Line of Existing Development (PLOED), visibility!ijevels, project size,
public concerns, landscape plan, zoning map, view issues, bay vie""', grading, protected
bluff, revegetation, the dock, and parking. He compared theE!'�reject to the previous
version and to neighboring projects. _._..
Mr. Jeannette responded to questions regarding the
area, the garage system and how queuing will be ha
and boat impacts on bluff views. He also evl
determined for this project. --
Council Member Gardner noted that the
not address how the boats in the dock
Further, she is unsure if the MND ad
Council Member Henn suggested creating
Council Member Webb expressed concern
the Bay with and without boats.
;en exit from the pool/spa
guest rking, landscaping,
how the'6Iei¢ht limit was
Negative Declaration (MND) does
the rocky formations of the cove.
s relative to biological resources.
ion that shows boats in the dock.
City evaluating views throughout
Senior Planner Campbell revio application ancV#Ucussed the subdivision map,
the modification permit re ,E est, 'E tin;; sous sub'rranean and above -grade 41, encroachments, and the coastal rt� sidential v application. He reported that
findings have been made and not &d that apolutionis included with the staff report.
He added that a marine biological a sessment was conducted as part of the MND.
Keeton Kreitzer i�mary author of a environmental document, indicated that Marine
. „,
Biologist Rice Ware, determined th there were no significant effects on marine
life, except2or eelgrass and the s d dollar, but the MND includes mitigation
measure He discussed sediment ansport and visual impacts, and noted that
,...
simulations the )� =included with the staff report. He believed that
the excavation ess would to a out 1,800 trips and explained that, even with that
amount -o. traffi , Environmental Impact Report (EIR) was not conducted because
uiNx��,.�: _.._
tiie traf if c ilgation easures reduced the impacts to less than significant levels.
Jennifer Friend; Selmanlleitman, representing the McIntosh and Vallejo residences,
believed that a project is non- conforming, is not in line with the General Plan,
damages 47% I'the coastal bluff, does not preserve the character of the neighborhood,
and is incompatible with the residential projects in the area. She took issue that an
R was not xconducted and took issue with the proposed sand dollar mitigation
ures. Se emphasized how the MND has language which discusses the unique
ecos m at�d visual effect the property has, and believed that the applicant has no
veste ° Tito build the project.
Scott Porterfield, Moote Group, utilized a PowerPoint presentation to show how much
excavation will occur, the proposed design, the amount of bluff that might be destroyed,
and an aerial view. He expressed concerns about the potential environmental impacts
and the estimated construction timeline. He believed that this much excavation will
cause bluff failure.
David Lee, David H. Lee & Associates, stated that he conducted a third party review of
the public documents and believed that the project would create substantial impacts
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City Council Minutes
July 22, 2008
that should be addressed in an EIR. He expressed concerns about the amount of
excavation, the integrity of the rock mass, deterioration of the bluff, the instability of
the tunnel, and the effects on adjacent properties.
Mayor Selich opened the public hearing.
Mike Millikan took issue with the ad from the Daily Pilot opposing this project.
23. PROPOSED ASSESSMENT DISTRICT NO. 101 - ANAREA GENERALLY
BOUNDED BY BUENA VISTA BOULEVARD, EDGEW ER AVENUE, ADAMS
STREET, BALBOA BOULEVARD -FOR UNDERGRO DING UTILITIES AND
DESIGNATION AS AN UNDERGROUND UTILITIE b RICT (Contd.).
Deputy City Clerk Brown announced that 61.97% pf tYie ballots sumitted were in Favor
of the .Assessment District, for a total assessmen€of $2,054,445.77; axld, 38.03% of the
ballots were submitted in opposition, for a totalssessment of $1,260,755%6$_.
Motion.. by_ Council Member Webb to a)s"adop
results of the ballot tabulation, appovingy
confirming the assessment for Assessm~r
improvements, and designating the area a --L
approve a budget amendment (09BA -002) fore
design, construction, financing and incidental c
bond reserve, increase revere" timates by
appropriations by $4,343,872, 11 differe
�wt o(N
for past assessment engineerinand design
include $164,425 for the relat.ed'assessmerilt• on
and 110 East Balboa Boulevard. "`
The motion carried by the followlnLAM call vote:
solution No. 2008 -73 declaring the
ehe Assessment Engineer's Report,
ct No. 101, ordering the acquisition of
nderground Utilities District; and b)
9,0
60 to provide $4,464,117 For the
e on. encies, $284,944 to establish a
64,4 17 and increase expenditure
of $90,245 to reimburse the City
itures related to this District, and
ned properties located at 100
Ayes: Coungil "Memb;1fr Henn, CouncilNember Rosansky, Mayor Pro Tem Daigle, Mayor
Se ' Council Member Webb, It ncil Member Curry, Council Member Gardner
22. AERIE (PA 5 -l!I wo 7 CARNATION AVENUE AND 101 BAYSIDE
PLACE - THSE E>RROJECT CONS SETS OF THE DEMOLITION OF AN EXISTING
I PAR'�'4ENT BUILDING AND SINGLE - FAMILY RESIDENCE AND
_ E COI�TRUC ON OF AN 8 -UNIT RESIDENTIAL CONDOMINIUM
�....
BUILDINGontd.) G =,;;
Scott Bergey 1pressed support for the project and believed that a majority of the
neighbors support the project.
;Keith Dawsonftook issue with the Daily Pilot ad and believed Mr. Jeannette's project is
Kent believed that the feelings of the opposition do not represent the majority of
the neig ors and expressed support for the project.
Dick Nichols noted that the project still provides views and expressed support for the
project.
Bud Rasner took issue with Mr. Porterfield's prediction that the bluff will collapse. He
noted how Mr. Julian, applicant, has voluntarily amended his project, and that the
neighborhood is mostly comprised of multi- family units and some have below grade
parking. He asked the audience for a show of hands from those that support the
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July 22, 2008
project.
John Michler believed that the project will be a new icon for the Harbor entrance and
expressed his support.
Ron Covington believed that the project is massive and creates environmental issues for
the Bay and bluff. He suggested conducting an EIR.
AUF
Carrie Slayback expressed concern about the density of the proect and that the City
should adhere to the General Plan. She suggested conductingan EIR.
Dick Hunsaker expressed support for the updated proV�Li a noted that 79% of the
property will be left as open space. A
Marilyn Beck pointed out that the project needs ito be judged on whr it meets the
provisions of the General Plan. She expressecconcern about the overt size of the
project and that this may be setting precedence' Ji €
Allan Beek believed that only conductid'an 1�I is inappropriate. He pointed out
that the City does not have a policy about'�t TD akitig bluffs away.
Linda Martin suggested putting up story poles.*
,nom
Lisa Vallejo believed that thegrnject would set pr. nce and that the City should
AN
uphold the General Plan.7<<;a
ail
Gordon Miller believed that thearoposed p &�je - i Ater than the current building.
He noted that he originally opposed the project, but now�ti� supports the current proposal.
Pat Parsons stated that the major (he residents of the Channel Reef Building are
not in favor of t ject and read a tter from Patricia Zorn.
1,
Kathleen Mdntosh elieved that thl project is over massing the property, is non -
complianwill des oy natural resoui -es, and does not meet all the City's or Coastal
Commission crite = _tog ie with the size of the marina and encouraged
Council to den �pro7ect. ` " 4111 IF
loot 'd that Stop Polluting Our Newport (SPON) opposed the first
project but not tai` k- a position on this version of the project vet. He referenced a
letter from thy' oastal (mission regarding the unpermitted removal of vegetation.
He expressed cern thaT no vegetation can grow under the cantilevers and for the
environmental pacts of the marine environment. He believed that the project is out
of scale with th # neighborhood and should undergo an EIR.
Krotee, ON steering committee, agreed that they have not yet taken a position
on ame ed project. He suggested building the project more than 60- inches from
the blde to the possibility of bluff failure. He pointed out that there is no General
Plan poFg about building balconies past the bluff line and agreed with the Moote
Group's 'statements.
Bill McCaffrey indicated that the people who educated themselves about the project are
supportive of it and took issue that Channel Reef Building residents oppose the project.
Jean Milhkan believed that the project will be aesthetically beautiful from across the
Bay and clarified that her husband didn't believe the newspaper ad portrayed the
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July 22, 2008
project correctly.
Tim Paone, attorney for applicant, explained why it was appropriate that an MND was
conducted instead of an EIR. He noted that environmental issues and traffic mitigation
measures are addressed in the MND, the area is zoned for multi- family units, the
Coastal Commission letter indicated that they would address the issues when the
project is before the Coastal Commission, some views will be blojed if all the boats
were in the marina at the same time, most of the excavating wifl %e done behind the
bluff, and the project trims vegetation, not removes it. J
In response to Council questions, Mr. Jeannette emphasize�f the importance of coastal
bluffs, that the tunnel will be placed where the cong8te iping are currently
located, that the existing concrete and piping needog be remo ` anyway, and that
none of his bluff projects have experienced bluff failures. He discus the excavation
timeline, how it is coordinated with the building of the shoring walls, how much
excavation will occur behind the bluff and against the-P.Astreet.
Hearing no further testimony, Mayor
Regarding the MND, City Attorney Clause- dicat
the new information results in additional miti tior
A recirculation of the MND is not required if only,
indicated that an EIR can be uired if Council
mitigate the issues to a level cance. She
opposition's experts about a pdtet' tial b ure
and that Council needs to rmine if t � d[Y
emphasized that it is difficult for ,l
was received just before the meet
information, they allow staff to con
resolution that all the issue
rpols
Council b'gber G4dne.r noted t
requested( see a r0ndering of the
the slips. Ci tt . '
but it is not c R f the cove
public hearing.
I that Council needs to consider if
measures or additional problems.
itional information is needed. She
8t€rmines that the MND did not
not;&Lthat the testimony from the
is in contrast to the MND author,
formation warrants an EIR. She
staff to evaluate the information since it
suggested that, if Council would like more
•e evaluation and come back with a revised
she is not sure the MND is insufficient, but
ina from different vantage points with boats in
ied that the cove is described as a marine relic,
gyred a scenic resource. Council Member Henn
re � more qft about mitigation measures for scenic resources. He
M, �qu 's lone w Cou could deny excavation of the bluff, but allow other projects that
substantial) cavate s. He noted that most of the excavation is not visible. He
believed that t biologica fesource issues were addressed in the MND.
Mayor Pro Temaigle requested more information about the number of vehicular trips
this project wiftenerate and the timeline for the project.
MOw Selich Otated that Mr. Jeanette's credentials for bluff properties is well -known
an t th `'Portobello project only took 30 days to excavate 20,000 cu. yards. He
bellev traffic is mitigated to a level of insignificance, but view issues regarding
scenic re urces as it relates to the docks may need more research. He does not believe
that a recirculation of the MND is necessary.
City Attorney Clausen reported that the MND will be used by the Harbor Commission
to evaluate the docks, but not the scenic resource issue. She reminded Council that
they are only evaluating the information and that having additional information will
assist Council in determining if there is an impact.
It was the consensus of Council that more information is needed relative to the bluff,
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July 22, 2008
traffic impacts, and views. Council Member Gardner also requested an exhibit that
shows the protruding balconies as seen from Begonia Park.
Motion by Council Member Gardner to a) direct staff to conduct additional analysis
of whether the cove area is a scenic resource and whether an analysis of the impact of
the boats as opposed to other areas in the City is something that would be necessary to
evaluate if the cove is a scenic resource; b) evaluate the issues raise by the opposition's
environmental consultants; and c) bring back a revised resolutig9 for approval of the
Mitigated Negative Declaration (MND).
Council Member Henn took issue that substantial, new„ ert opinion was brought
forward today when the project has been circulated for a0whil-M, ity Attorney Clausen
noted that the public hearing is closed and no new infdnat.ion ca submitted.
The motion carried by the following roll call vote:_<
Ayes: Council Member Henn, Council Memb, tiY, osaTAky, Mayor Pro Tem Dale, Mayor
Selich, Council Member Webb, Cou- " Member Curry, Council Member Gardner
Regarding the proposed project, Council MN
tried to do everything asked of him and inc
and architecture. Council Member Curry
Julian's property rights, an4' believed
community. Council Member tl enerall
could become a landmark for Haar' i ,
Council Member Henn noted tha,y the largei
CY3er Gardner noted that the applicant has
iced that she generally likes the project
expi"' ,sed concern about hindering Mr.
that t project would enhance the
7 supports tae, project and believed that it
Yressed concerns about encroachments.
l , �_rU for a larger development and
that he generally supports the p 'ect so ct to dre— dditional information. Council
Member Rosansky requested more redeas Zelative to the queuing from the street and
questioned whether the project com ``with the General Plan. Mayor Pro Tem Daigle
expressed cones `i ," aiding the sc .. of the project below grade. Mayor Selich stated
that the project has ¢een scaled back, a generally supports the project, and noted that
the GenerakiPlan policies are not codi _d into the Municipal Code.
Mayor Se'l*1'CT&48u gg �y, ja d ark trees on the Bay side be clearly identified
relative to size lacement: r er, he recommended that cutting down these trees
be pin,.: -ted an t a pruning envelope be stipulated in the real estate documents.
lie[iev at thi 1 soften the mass of the project.
City Attorne3 lauson rdimmended continuing the deliberation. She confirmed that
public cowmen can be limited to the new information, amended resolution, and
additional information generated relative to the MND.
Motion, by._M�yor _Se_lich to continue the item to the September 9, 2008 Council
Them ; ' arried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
25. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO
CALIFORNIA WASTE SERVICES, LLC. [421100 -2008]
Mayor Selich opened the public hearing. Hearing no testimony, he closed the public
hearing.
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City Council Minutes
July 22, 2008
Motion by Council Member Rosansky to adopt Ordinance No. 2008 -13 granting a
Non - exclusive Solid Waste Franchise to California Waste Services, LLC.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Coun4 Member Gardner
XVI. PUBLIC COMMENTS
In response to Dick Nichols' question, Mayor Selich indicated thaat�he Port Theater's building
permit is on file with the City. ,`
Jan Vandersloot provided a handout and expressed concer a,"
p p chat the Pla ing Department is
allowed to approve balcony submittals on coastal develonents without goi o Council. He
noted that a project is going before the Coastal ComAssion in August and nested that
Council ask for a postponement so they could review,106 projAt.
XVII. PLANNING COMMISSION AGENDA AND Q,'AL STtATUS REPORT
26. PLANNING COMMISSION AGENDA FO%dMULY 17, 2008. [100 -20081
Planning Director Lepo reported on the following T's: Fury Rok & Rol Sushi Lounge
(PA2005 -087) - 4221 Dolphin Sinker Way; Sejour (PA-V _02 -167) - 3400 Via Lido: Powers
Residence (PA2007 -176) - 22234pa" Drive; Santa Baara Condominiums (PA2004-
%R .... ,
169) - 900 Newport Center A v e- ail ushi IPA��D07 -211) - 930 West Coast
r
Highway.
XVIII. CURRENT BUSINESS
27. DESIGNATIQ VOTING DELEGATES FOR 2008 LEAGUE ANNUAL
CONFER�GE - S!; PTEMBER 24i,, 27,2008 IN LONG BEACH. [100 -20081
ju
Motion Council Member Gard, to designate Mayor Pro Tem Daigle as the
City's Votin elee ,r. j� ,Ggnfergn�it
The . n cars by the following roll call vote:
"Ayes: CounMembdenn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
SelichX
Runcil Member Webb, Council Member Curry, Council Member Gardner
Ix}
29. APPROVAL RECRUITING FIRM RECOMMENDED BY AD HOC COUNCIL
?t COMMITTEEdO CONDUCT CITY ATTORNEY RECRUITMENT. [100 -2008]
_ lt'
uncil Memr Webb provided the staff report and added that Alliance Resources
X., ulting i lso going to provide the City with a two -year guarantee in the event the
new "Cj A ;on leaves the City within two years.
Motiony,Councl Member Gardner to approve the recommendation by the City
Council Ad Hoc Recruitment Committee to hire Alliance Resources Consulting to
conduct the City Attorney recruitment at a cost of $17,000, plus not to exceed expenses
of $6,500.
The motion carried by the following roll call vote:
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City Council Minutes
July 22, 2008
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
XIX. MOTION FOR RECONSIDERATION -None
XX. ADJOURNMENT - Adjourned at 11:05 p.m. in memory of Lois Irwin
The agenda for the Regular Meeting was posted on July 16, 2008 „y 4:20 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 as posted on July 18,
2008, at 1:45 p.m. on the City Hall Bulletin Board locat outside of the City of
Newport Beach Administration Building.n,
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