HomeMy WebLinkAbout01 - Minutes - 7-14-2009Agenda Item No. 1
July 28, 2009
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
July 14, 2009 — 4:00 p.m.
I. ROLL CALL
Present: Council Member Henn, Mayor Pro Te ry, Mayor Selich, Council Member
Webb, Council Member Gardner, Cou a Daigle
Excused: Council Member Rosansky
II. CURRENT BUSINESS
1. CLARIFICATION OF IT ON E CONSENT CAL AR.
In response to Council Member lea question regarding Item No. 17 (Purchase of
Compressed Natural Gas Refuse ", Hection Trucks), General Services Director
Harmon clarified t the refuse celle` on trucks would be adaptable if the City
were to use an auto stem, and th� the trucks can also be used commercially
if needed.
Regarding Item No. 15 (T a' ariiing System), Council Member
Daigleisted that th itc nd volum �' the sirens be assessed. City Manager
B1udaA repyted that sp ions for siren volume for testing should be the same
aluring actual erne ncy situation; however, requested clarification on the
duration and freauency of s" n testing.
resp
'_'t � Iem Gardners question, Assistant City Manager Wood
the co e ndment for Item No. 4 (Construction/Maintenance,
Acti "es) n nl applies to storage of boats, but also limits extended construction
and m terra ctivities on any backyard project.
Regardi Item N63 (Campaign Contribution Limits), Council Member Henn noted
that Sect n 1.25.030(F) should be amended to reflect that the Consumer Price Index
(CPI) adj stment should be rounded to the nearest one hundred dollars ($100).
teri Police Chief Luman provided his background and expressed his
e ent about working with the City of Newport Beach.
2. BALBOA VILLAGE PARKING MANAGEMENT STUDY.
Parking Consultant Linsenmayer utilized a PowerPoint presentation to discuss
parking conditions in the five study areas; the number of on- street and off -
street parking spaces; weekday and weekend parking availability at 10:00 a.m:, 1:00
p.m., and 7:00 p.m.; peak demand areas and parking availability patterns;
and license plate inventory /turnover. He also discussed current issues and
recommendations, such as establishing a short-term Parking Benefit District (PBD),
analyzing the cost for on -street parking and permits, determining a way to increase
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City of Newport Beach
City Council Study Session
July 14, 2009
parking supply, and maintaining a regularly monitored parking system.
In response to Council questions, Parking Consultant Linsenmayer stated that up to
30% of vehicles on a street at any given time are looking for parking, which accounts
for a significant amount of traffic congestion. The most effective system is one in
which 90 -91% of off - street and 86% of on- street parking spaces are filled. He
clarified metered area locations and enforcement concerns. He recommended
meters as the primary revenue source, and stated that not enough revenue would be
generated to finance construction of a structure, structure would need to be
approximately 80% full 80% of the year to mate nstruction costs, and a shared
parking system for businesses and the possib' y of providing employee parking
may need to be investigated.
Council Member Gardner suggested c g p ential parking for golf carts and
discussed the increased need for par_ g enforce t. She pointed out that some
residents and merchants rent out their private gara and suggested using active
signage in certain areas to hel¢" "dire and relieve c congestion. She also
3s
suggested a pilot program foresident "parking permits.
Council Member Henn expre , upport for managing the rent system more
efficiently, discussed opportuiu s for financial contributions toward the
construction of.a p king structurrsand emphasized the importance of choosing a
flexible manage.. cture that co}' _support the amortization of a new parking
structure in the fut mented t arking is a fundamental building block
to providing revitalU on dlboa Vil and recommended that a flexible
governance mechanism ith spec omm ations to creating a more cohesive
and rational parking pla be estgtfTishe a _ n as possible.
' Proem CuZferry ted a comprehensive parking strategy that would
Bal a Isla discourage people from parking for free on Balboa
and &king thalboa Village.
bl of parking d ue to triplexes between Cypress and
ido, expret for creating residential parking permits.
a. HARBOR ARILMANAGEMENT PLAN (RAMP).
Without jection, ayor Selich requested that this item be rescheduled to a future
study ae on.
III. PU JC COMAONTS -None
IV. ADJOU1O@4)@NT - 5.15 p.m.
The agendf for the Study Session was posted on July 8, 2009, at 3:28 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building. The amended agenda for the Study Session was posted
on July 10, 2009, at 4:13 p.m. on the City Hall Bulletin Board located outside of the
City of Newport Beach Administration Building.
Volume 69 - Page 207
City of Newport Beach
City Council Study Session
July 14, 2009
Recording Secretary
Volume 59 - Page 208
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
July 14, 2009 — 7:00 p.m
I. STUDY.SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:17 p.m.
A. Conference with Legal Counsel -
(a 1_'- �a
1. Status Report on Pen*41
pending litigation invotnng
action, however, may be
2. Group Homes Matters: F
litigation brou Nq(R the
Concerned Citit+
SACV 08- 00192-
ing By 7
08 -00200
1'iition: We will r Nspe a global basis on all
City. This is an tional item only. No
any item unless it ically noticed below-
matters all arising out of the Group Homes
gs follows:
of
city
Beach - U.S. District Court Case No.
Beach - U.S. District Court Case
City oj, Newport Bed"th u. Morningside Recovery - Orange County Superior
Court Case No. 07CC1194
Beach - U.S. District Court Case No. SACV 08 -00457
N' port t Recovery v. City of Newport Beach - U.S. District Court Case
No. ACV 0 : 01 DOC (ANx); .
3. Gro Homes Matters: Six matters all arising out of the Group Homes
mv!stiga
gation brought against the City, as follows:
P ific Shores v. Newport Beach - U.S. Dept. of Housing & Urban Development
etion No. 09 -08- 0592 -8
Newport Coast Recovery u. City of Newport Beach - U.S. Dept. of Housing &
Urban Development Investigation No. 09- 09- 0713 -8
Paul Murdoch v. City of Newport Beach - U.S. Dept. of Housing & Urban
Development Investigation No. 09 -09- 0831 -8
The Kramer Center v. City of Newport Beach - U.S. Dept. of Housing & Urban
Development Investigation No. 09- 09- 0833 -8
Oxford House v. City of Newport Beach - U.S. Dept. of Housing & Urban
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City of Newport Beach
City Council Minutes
July 14, 2009
a
C.
i[a
III.
IV
4.
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
IBC Litigation Matters: Four matters, all arising out of the IBC Litigation
against the City of Irvine:
Newport BeachlTustin v. City of Irvine
Superior Court Case No. 07CCO1264 ,
Newport Beach/Tustin v. City of
Court Case No. 07CCO1265
Newport Beach/Tustin v.
Regulations), Orange Count.,
Newport Beach/Tustin
Case No. 30- 2008 - 00228€
(Government Code 6
4956.9(!2&
3,
1. Potential exp
litigation
that might res
potential plain
. tion
' , r plat
jeopardize the
City ability toj
V. ROLL CALL
Gugasian
of Ir
or Court
matter:
Street), Orange County
I Alton), Orange County Superior
(HCG),
(Accessory Retail Business
a No. 30- 2009 - 00264696
County Superior Court
matter based upon facts and circumstances
he City but which are not yet known to a
e of the facts or circumstances would
the _ atter.
Consideration of acquisition of property
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 reported that Council voted to authorize the use of outside Counsel to defend
the City in the Newport Coast Recovery litigation (Item Al).
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City Council Minutes
July 14, 2009
VII. PLEDGE OF ALLEGIANCE - Council Member Henn
VIII. INVOCATION- City Manager Homer Bludau
DL PRESENTATIONS
AYSO 57 Presentation of the Mayors Cup Trophy - Phillip Greenberg, Regional
Commissioner, presented the trophy to Mayor Selich.
Recognizing July 2009 as Parks and Recreation onth -Mayor Selich presented the
proclamation to Park, Beaches, and Recreation Commis ' Chairperson, Marie Marston.
Proclamation in Honor of the Corona del M ibrar`y ` 59th Anniversary -Mayor Selich
presented the proclamation to Library Service irector Co and Council Member Gardner
thanked her for her support in revitalizing thg,orona del Mar bra
X. NOTICE TO THE PUBLICa
et "'�
XII.
Mayor Selich announced that '
also announced that he was the Fn
Council Member Daigle reported thati
harbor dredging unds will als
studies, providengin ring specifics
months. She a o rep d that the
noted that thrsre r l sed with the(
on urday, July 11, and displayed photos. He
at the ual American Legion Boat Parade.
the Cequ x$1.78 million in grant funds to be used for
a the U.S. my Corps of Engineers to perform hydro
s, and obtain environmental documents over the next 12
y has all the funds needed to dredge the Back Bay and
ag ng Federal assistance that the City continues to receive.
Cc " er nei i ewport Beach, Huntington Beach, and Costa Mesa
s' a me nd greement in the Orange Coast Rive�m be resente Park. The cities will soon
e meeting to p "' ue th ement goals. She requested that an i pd at a Study
Session to provide ' ectio to who will represent the City and to ow discussion about ideas,
Wnmrna and issues_`
Co Member Wjeirin announced that his 70th birthday was Saturday, July 11.
Council tuber thanked the Police Department for their work on July 4th. He
post 4th of July assessment to receive feedback from residents and to look
at other ways ake the event better for the residents and more cost effective.
Mayor Pro Tem Curry reported that he and Council Member Daigle participated in the Mariners
Park July 4th Parade and Festival where City Manager Bludau served as the Grand Marshal. He
also reported that the Administrative Services Department received the Government Finance
Offices Association Certificate of Achievement for Excellence in Financial Reporting. He thanked
Administration Services Director Danner for his work.
CONSENT CALENDAR
A. READING OF MINUTE86ORDINANCES AND RESOLUTIONS
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City of Newport Beach
City Council Minutes
July 14, 2009
1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR
MEETING OF JUNE 23, 2009. [100 -2009] Waive reading of subject minutes,
approve as amended 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. ORDINANCE FOR ADOPTION
3. AMENDMENT OF CAMPAIWLT RIBUTION ORDINANCE, AS
REVISED, TO INCREASE TON INDIVIDUAL CAMPAIGN
CONTRIBUTIONS TO $1,000, VIDE FOR ADJUSTMENT OF
CONTRIBUTION LIMITS BAS E CONSUMER PRICE INDEX.
[391100 -2009) Adopt Ordinance o. 2009- amending Chapter 1.25 of the
Newport Beach Municipal Code- [Council MerW4%Gardner voted no on this
item.] 7 6:
C. RESOLUTION FOR ADOPT
4. CONSTRUCTION/MAIN ANCE ACTIVITIES C DE AMENDMENT
INITIATION). [100 -2009] pt Resolution No. 2009 -49 to initiate the code
amendment to'4. it cronstructionmaintenance activities in required setback
areas of residers riots.
D. CONTRACTS AND AG EME
5. CEN RAL WA RS EMENT AREA COOPERATIVE
4x/MENT AM NT (C-3243). [381100-20091 Adopt Resolution No.
009 -5 to amend th ` operative agreement for the Newport Bay Watershed and
the Central Watershe Management Area, and authorize the Mayor and City
Vlerk ko execute the Amendment.
%anthE OR CONDITIONING REHABILITATION (C4138) -
orize AND ACCEPTANCE. [381100 -20091 a) Accept the completed
the City Clerk to file a Notice of Completion; b) authorize the
elease the Labor and Materials Bond 35 days after the Notice of
been recorded in accordance with applicable portions of the Civil
9 and c) release the Faithful Performance Bond one year after Council
R DRIVE STREET IMPROVEMENT PROJECT (C -3652)
C PLETION AND ACCEPTANCE. [381100 -20091 a) Accept the completed
rk 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.
8. WEST OCEAN FRONT ALLEY - WATER MAIN REPLACEMENT (C -4007) -
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
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City of Newport Beach
City Council Minutes
July 14, 2009
Code; and c) release the Faithful Performance Bond one year after Council
acceptance. -
9. FISCAL YEAR 2007 -2008 TRAFFIC SIGNAL REHABILITATION PROJECT
(C -3932) - COMPLETION AND ACCEPTANCE. [381100 -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 erformance Bond one year after
Council acceptance.
10. ON -CALL PUMP REPAIR AND MAI ENANCE SERVICES - APPROVAL
OF AMENDMENT TO PROFESS SERVICES AGREEMENT WITH
ORANGE COUNTY PUMP RP TION (C- 4059). [381100 -20091
Approve Amendment No. 1 to P o ssional Se ` e Agreement with Orange County
Pump Corporation for on- pump repair maintenance services, and
authorize the Mayor and C" Clerk to execute the ndment.
11. ASPHALT REPAIRS PP AL OF AMEND TO PROFESSIONAL
SERVICES AGREE TH HARDY & HAR - R, INC. (C- 4015).
1381100 -20091 Approve A dment No. 2 to Professional Services Agreement
with Hardy &,Ilarper, Inc. fo -call asphalt repair services, and authorize the
Mayor and Citftl rk to execute ndment No. 2.
12. AMENDMENT O GREE1 WITH TRUGREEN LANDCARE,
LLC FOR THE LAND ENANCE OF CITY PARKS AND
FACILITIES (C 80). [3 Approve the amendment to the existing
a 1,rnt with Tr Gr Landcare. LC for the landscape maintenance at
oas Peak Park at :. at of $106,020 per year.
13. CITY ALL AND K MASTER PLAN PROJECT - APPROVAL OF
�20 s SIONAL SE VICES AGREEMENT WITH RBF CONSULTING
F(R NGII ERING SERVICES (C- 4235). [381100 -20091 Approve
a Pr sional SeirAgreement with RBF Consulting, Inc. of Irvine, for traffic
gine g services at a contract price of $99,500, and authorize the Mayor and
t City LIltrk to execute the Agreement.
14. PR FESSI . AL SERVICES AGREEMENT WITH BONTERRA
CO SULTING FOR ENVIRONMENTAL SERVICES RELATED TO
NE ORT BANNING RANCH DEVELOPMENT (C4163). [381100 -20091
ive and file.
15. NAMI WARNING SYSTEM (C- 4152) - APPROVE DRAWINGS AND
ECIFICATIONS, AND AUTHORIZE PERMISSION TO ADVERTISE.
[381100 -20091 a) Approve the drawings and specifications; and b) authorize staff
to advertise the project once the Coastal Development Permit is issued.
16. PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL
(CEQA) AND ENGINEERING TASKS ASSOCIATED WITH A CONFINED
AQUATIC DISPOSAL (CAD) SITE IN NEWPORT HARBOR (C4304).
[381100 -20091 a) Authorize the Mayor and City Clerk to execute a Professional
Services Agreement with Anchor QEA, L.P. to conduct initial CEQA and
engineering design work for a CAD in Newport Harbor; and b) approve a budget
amendment (10BA -001) appropriating $395,000 from unappropriated reserves
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July 14, 2009
(tidelands) to Capital Improvement Project #7231- C4402001 (Newport Harbor
Dredging Project).
E. MISCELLANEOUS
17. AUTHORIZATION TO PURCHASE FOUR (4) COMPRESSED NATURAL
GAS (CNG) REFUSE COLLECTION TRUCKS. [100 -20091 a) Authorize the
purchase of two (2) Autocar WXLL64 /ACX64 CNG front loader refuse collection
trucks from Carmenita Truck Center in the am unt o£ $244,461 each; b) authorize
the purchase of two (2) Peterbilt 320 CNG re oader refuse collection trucks from
Rush Truck Center in the amount of $2 ,691 each; and c) approve a budget
amendment (10BA -002) transferring $1 ;000 from unappropriated AQMD Fund
surplus to Account 2766 -9108 (AQ vision - Alternate Fuel Vehicles) to
supplement the funding of this pu se.
18. COUNCIL DECISION TO DISPENSE H ING THE AUGUST 25TH
REGULAR CITY COUNCIIJ MEETING. [100- Forego the regular August
25th Council meeting.§ x
19. 2009 -2010 CULTURAL' 3S GRANTS. [100 -2009 pprove recommended
recipients for FY 2009 -201 ultural Arts Grants as selected by the City Arts
Commission i accordance wi City Policy I -12 - Reserve Fund for Culture and
Arta. �]r.
20. PURCHASE IAC M TORMEFIBRILLATORS (ZOLL E
SERIES). [100 -2 091 a) ve a bu t amendment (IOBA -003) to transfer
$51,578 from the appro to era' Fund Paramedic Reserves to account
2300, increasi e �ture ap priates in 2340 -9300 by $51,578; and b)
thor ie the punch ' 1. of six Zoll E Series Cardiac Monitor/Defibrillators' for
$153,58 from Zoll M 'cal Corporation.
21. RDI. NCE TO P VIDE THE PUBLIC WORKS DIRECTOR THE
A - O PT NEW EDITIONS OF THE STANDARD
SP ICATI PUBLIC WORKS CONSTRUCTION. 1100 -20091
tap c hearing for the second reading of Ordinance No. 2009 -13 for July 28,
2` 9, to d. Chapter 75 of Title 15 of the Newport Beach Municipal Code and
ad t the or 4nanee.
22. HARBOR AREA MANAGEMENT PLAN (HAMP) - FINAL
AD ION. Continue to July 28, 2009.
Regardin' m 15 sunami Warning System), Council Member Henn indicated that he is.pleased
to see the - moving ahead. Regarding Item 16 [Professional Services Agreement for
Environmenta tEQA) and Engineering Tasks Associated with a Confined Aquatic Disposal
(CAD) Site in ewport Harbor], he clarified that the scope of the assignment will include a careful
evaluation of all potential CAD sites in the Harbor, an evaluation of why a site is selected, and an
outreach program for affected residents. Council Member Daigle suggested adding other locations,
methods, and cement based stabilization alternatives to the environmental documents.
Regarding Item 9 (Fiscal Year 2007 -2008 Traffic Signal Rehabilitation Project), Council Member
Daigle noted that the project is progressing and is in phases 2 and 3.
Council Member Gardner provided corrections to the minutes from the June 23 meeting.
It was moved by Mayor Pro Tern Curry, seconded by Council Member Rosansky, to
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City Council Minutes
July 14, 2009
XIII.
XV.
approve the Consent Calendar; and noting the continuance of Item 22 to July 28 and the "no" vote
on Item 3 by Council Member Gardner.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich,
Council Member Webb, Council Member Gardner, Council Member Daigle
ITEMS REMOVED FROM THE CONSENT CALENDAR -
PUBLIC HEARINGS
28. AERIE (PA 2005 -196) - 201 -205
PLACE: GENERAL PLAN AMEI
PLAN AMENDMENT NO. LC2(
TRACT MAP NO. NT2005 -004
MD2005 -087; COASTAL RESIDE
002; AND ENVIRONMENTAL, -I
2007021054). (100 -2009]
Senior Planner Campbell provide,
that the project has been redesign
(EIR) was conducted, noted that G
and reported that the - Com,
Rick Julian, applicant, in 'cafe
supported by many of the residents.
Brion
construction
and
& 207 C ATION AVENUE & 101 BAYSIDE
fDME P2005 -006; COASTAL LAND USE
05-0 , COD ENDMENT NO. CA2005 -009;
4
16882); DIFICATION PERMIT NO.
PLIAL DEVELOP PERMIT NO. CR2005-
MPAgr REPORT ER2008 -002 (SCH. NO.
k rmation about the histo of the project, stated
dicated that an Environmental Impact Report
unci)�is not making a decision on the dock permit,
aissioii ecommended approval of the project,
the pro) i: ."this a benefit to the neighborhood and is
ed a PowerPoint presentation that included the
tions to the project before and after; aesthetics; view
ual Plan (CMP); noise, traffic, and air quality
.e; CMP excavation schedule; excavation stages; soils
n; project upgrades; view corridors; architectural
the slopes.
Stephen' Iles, el for the opponents, provided a handout and discussed the appeal
period, t Calif a Housing Element, the California Environmental Quality Act
(CEQA), ouse emissions, and the alternative analysis of the EIR_
Council Me er Gardner believed that language in the EIR lobbies support for the project
stead of b ng neutral.
In o to Council questions, Mr. Jeannette stated that basements are used to allow
stora electrical and mechanical systems and lowers the building mass. He showed
the a unt of mass above grade compared to that below and noted that looking from the
harbor, the project will look similar in size to the current buildings in the area.
In response to questions, City Attorney Hunt stated that the Harbor Commission
performed their role as advisors and noted that the staff report incorrectly phrased
the second hearing process as an appeal; however, it is not an appealable action. He
explained the process for harbor permit appeals. He clarified that Council is certifying the
EIR and not making a decision on the permit for the dock. Regarding the Housing
Element, he stated that the City is consistent with State Law and believed that there are
no legal impediments. He also highlighted the differences between scientific evidence,
antidotal evidence, and judgment.
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July 19, 2009
In response to Council Member Gardner's question, Mr. Jeannette stated that the soil is
reliable and provided core samples. He stated that the second emergency access is also
the exit from the basement and noted that a second emergency access is a building
requirement. He indicated that the balconies impede some private views from Carnation
and they will install a six foot barrier to protect the privacy of the next door neighbors.
Mayor Selich opened the public hearing.
Kathleen McIntosh provided a handout and expres concern about the project size,
amount of construction, over development of the stal bluff, the Predominate Line of
Existing Development (PLOED), the dock size, ` d the view impediments. She clarified
that she does not have a basement and the s' -, her property is smaller than what was
presented by the applicant. She explaine by s believes that a Brown Act violation
occurred relative to this project. City Atko ey Hunt i ted that he will speak with Mrs.
McIntosh about this allegation.
Marilyn Beck expressed her con s abol the excavation, Nbment, natural land forms,
PLOED, bluff, construction c, `age to private prruck route, roadways, project size, marina, and impact community, and belat the project is out of
context for the neighborhood.
Warren James stated t he would sup&art the project if it stayed within the existing
guidelines and stated t ongly obje any variances.
Kent Harvey believed tha reject ' tives s ld be presented.
Allan Bee ressed oonce abo the size he project and the affects on the bluff. He
believe at approved, it be setting a precedent and urged Council to reject the
Curry left thl meeting at 8,59 p.m. to catch a work - related flight.
urge preserve the area and expressed concern about the
i, noise, pollu ion, damage to streets, and egress.
Elaine exp ed concern about the coastal bluff and believed that the size does
not confor the G ral Plan.
Bill Varon pressed support for the project because he believed that it would be an
imorovemef to the site and believed that most of the residents are in support of the
Kent re expressed support for the project and stated that the project enhances
views, reatea more street parking, and provides underground utilities.
John Martin provided a handout and expressed concern about the project size, character,
grading, bluff, PLOED, retaining walls, risk, and visual impacts.
Bud Rainer expressed support for the project and noted that enough restrictions and
conditions have been placed on the applicant.
Bill McCaffery expressed support for the project and stated that it has first class elements,
Provides improvement to the neighborhood, the applicant has been open with the
residents, and that the project has been approved by the Planning Commission.
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July 14, 2009
Jan Vandersloot, SPON, provided a handout and expressed concern about the project size,
excavation of the bluff, damage to a natural land form, the biological impacts of the dock,
eelgrass and sand dollar survival, and affects on the wetlands. He believed that the EIR
does not analyze all the impacts.
Lisa Vallejo believed that the project damages the coastal bluff, the Coastal Land Use
Policy (CLUP) is meaningless, the project size is too large, and the changes made after all
of the meetings are minimal, and expressed the opinion that the Harbor Commission made
a decision based on the influence of the City Attorney's Office.
Pat Parsons provided a handout and expressed conogrn about the project size and impact
on the bluff and the harbor. She believed t the exterior design does not fit the
neighborhood and urged Council to deny the p t.
Keith Dawson noted that the applicant-1, complied ' h Council requests, indicated that
the project is different and unique, and ted that he be proud when it is approved.
Laurie Leggin expressed
will cause a disaster. and
tal bluff, be d that building into a rock
that the nro a too massive.
Tim Paone, counsel for the applica clarified that every issue raised has been addressed
in the EIR and staff reports. He als ointed out that the site is multi - family, complies
with the General Plan plies with he i requirements, includes a completion bond, the
significant environme cts have n addressed in the CEQ9 analysis, the
parameter test is a rebu ble-- mption, notice of violation was incorrectly stated
and will be dealt with w n the pr'
��y oes b e the Coastal Commission, people are
currently living in the b ding, °C nd° IR has gone through unprecedented
lengthsktpness all issues n e Mitigate egative Declaration (MND) was amended
severa dimes.
Bri eanne e, architect, cla ied that the project has no variances, is below the height
limits, elo t down the b was established by Council based upon the evaluation
)1 ' d, c site, o 18% of the site is submerged, the coastal bluff is
p d an` nha nee d, t ` story marine birds are addressed in the EIR, eelgrass is
protec and ig,pier and bulkhead lines have been addressed.
There bei no fufer testimony, Mayor Selich closed the public hearing.
In respons to Mayor Selich's question, Senior Planner Campbell believed the issues
brought for al rd by the opponents have been adequately addressed in the EIR.
N cil in Gardner indicated that she received an equal amount of letters from
resi at approve or oppose the project. She expressed concern about the cove, the
large the impacts to traffic, and impacts to the harbor. She believed that the project
should be smaller and indicated that she will not be supporting the project.
Council Member Henn stated that the applicant has complied with all requests and
has gone through an extensive EIR process. He noted that the site is a multi -family site,
the concern about the bluffs is understandable, and there is a reasonable interpretation of
the General Plan that is consistent with this project and entitles the applicant to the
benefit of that judgment. He expressed support for the project.
Council Member Daigle stated that there are no rules against excavation, the applicant
has made extensive changes to the project, and expressed support for the project.
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July 14, 2009
C4
Council Member Rosansky stated that although the applicant has worked with the
neighbors, he still believes that the project is too big and is not consistent with the General
Plan objectives and the character of the neighborhood. He indicated that he will not be
supporting the project.
Council Member Webb indicated that the view comparison shows that the project is not
out of character, stated that he is not concerned about the dock space, noted that
the development is an addition to the area, and expressed support for the project.
Mayor Selich agreed that the view simulation sh `,'d that the project is not out of
character, stated that the excavation behind the b is not a concern, believed that the
sound impacts should not affect the residents, noted that the docks will not create a
hazard for navigation. He also noted that the ct has been in review for four years and
the applicant has worked diligently to cc y wi a guidance that the City has given
him.
It was moved by Council Membe±Veb , seconded b \Reing l Member Daigle, to
adopt Resolution No_ 2009 -51 certifjin t mal Environmpact Report (SCH. No.
P g
2007021054) and adopting a iitigati Monitoring and Program; c) adopt
Resolution No. 2009 -52 adopting ement of Overriding rations and approving
General Plan Amendment No. G 5 -006, Coastal Land Use Plan Amendment No.
LC2005 -002, Newport act Map No. 2005 -004 (TTM16882), Modification Permit No.
MD2005.087 and„Coas sidential De went Permit No. CR2005 -002, subject to the
attached findings and I . s; and d) roduce Ordinance No. 2009 -15 amending
Zoning Districting Map ereb oving C I Amendment No. 2005 -009, and pass to
second reading on July 28; 009. _
The motiqloftied by the folLowini'roll call
Member HeAK Mayor Selich, Council Member Webb, Council Member
Noes: `Councbd,Member Rosansky. Council Member Gardner
for a recess at 10:00 p.m.
Mayor SeT(h reco ned the meeting at 10:07 p.m.
Counc embe/Gne r reported that the CoastaUBay Water ualitill be applying
for grant y establish native oysters in the Bay and asked staff to research a new system
called Aqua ich provides an inexpensive way of improving the absorption of water and
reducing salt.
Council Member Henn reported that Senate Bill 268 was defeated at the Assembly level and noted
that the City will continue to pursue regulations from Sacramento regarding group homes
issues. He also reported on other group homes issues, stating that there are no Use Permit
hearings remaining, there are approximately two reasonable accommodation hearings pending, a
few Council appeals, three lawsuits, and approximately six Housing and Community
Development (HCD) complaints.
Volume 59 - Page 218
City of Newport Beach
City Council Minutes
July 14, 2009
XV_ PUBLIC HEARINGS - CONTINUED
24. . COASTAL LOCAL USE PLAN UPDATE - LC2007 -001 (PA2007 -027) -
COMPREHENSIVE UPDATE TO THE COASTAL LAND USE PLAN AS
MODIFIED BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 5,
2009, TO REFLECT THE LOCATION, TYPE, DENSITIES, AND INTENSITIES OF
LAND USES ESTABLISHED BY THE NEW LAND USE ELEMENT AND TO
INCORPORATE OTHER NEW POLICIES OF THE GENERAL PLAN. [100 -20091
Senior Planner Campbell reported that staff is recd nding a comprehensive update to
the Coastal Land Use Plan (CLUP) to make it sistent with the California Coastal
Commission and suggested that a study be cond don alternative transportation.
Council Member Gardner thanked Senior
Commission.
Mayor Selich opened the
public hearing.
to adopt Resolution No. 2(
modifications approvedby the
The motion carried by
Ayes: Council Member
Webb, Council M
Absent: May,0ro Tem (
XVI. PUBLIC CO E
XVIL CURRENT Il
he motion
- None
roll
for his work with the Coastal
Hearing Aaestimony, he closed the
the Coastal Land Use Plan with the
I Commission.
, Mayor Selich, Council Member
Daigle
DELEGATES FOR 2009 LEAGUE ANNUAL
16 — 18, 2009, IN SAN JOSE. [100 -20091
• Daigle as the City's Voting Delegate for the Conference
as the Voting Alternate.
by the following roll call vote:
1 Member Henn, Council Member Rosansky, Mayor Selich, Council Member
Council Member Gardner, Council Member Daigle
Pro Tent Curry
26. INITIATION OF GENERAL PLAN AMENDMENT RELATED TO COASTAL LAND
USE PLAN AMENDMENT NO. 2007 -001. [100 -20091
Senior Planner Campbell explained that Council is only voting to initiate an amendment
to the General Plan.
It was moved by Council Member Webb seconded by Qquncil Member It
2osansky
to adopt Resohtion No. 2009 -53 initiating an amendment of the General Plan to change
the land use designations of properties within 11 areas of the Coastal Zone.
Volume 59 - Page 219
City of Newport Beach
City Council Minutes
July 14, 2009
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member
Webb. Council Member Gardner, Council Member Daigle
Absent: Mayor Pro Tem Curry
27. APPOINTMENT OF COUNCIL MEMBER NANCY GARDNER TO LEAGUE OF
CALIFORNIA CITIES COASTAL CITIES ISSUES GROUP (CCIG). [100 -2009[
It was moved by Council Member Webb. second Council.Member RQSanskv,
to appoint Council Member Nancy Gardner to ser on the Coastal Cities Issues Group
(CCIG) and meet with the California CNCouncil on August 12, 2009, in San
Francisco to engage in discussion of issu believe are appropriate, and
give input to Council Membe r Gardner.
The motion carried by the following ro ;aAyes: Council Member Henn, Co or Selich, Council Member
Webb, Council Membe ardne i
Absent: Mayor Pro Tem Cur.y'
XVIII. MOTION FOR RECONSIDERATION -
XIX. ADJOURNMENT - 10:15
The agenda for the Regular
Hall Bulletin Board located
Building. The su lemental at
2009, at 4:18 p.. the City Hs
Beach Admi traticl Building.
City Clerk
ly 8, 2009, at 5:28 p.m on the City
Newport Beach Administration
Meeting was posted on July 10,
ed outside of the City of Newport
Recording Secretary
Mayor
Volume 59 - Page 220