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HomeMy WebLinkAbout12-18-2007 - Special MeetingCITY OF NEWPORT BEACH City Council Minutes Special Meeting December 18, 2007 — 5:30 p.m. I. CONVENED IN OPEN SESSION AND RECESSED TO CLOSED SESSION Mayor Selich convened the meeting at 5:30 p.m. with all members of Council present. He recessed the meeting to Closed Session at 5:31 p.m. II. RECONVENED IN OPEN SESSION AT 7:00 P.M. III. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner IV. CLOSED SESSION REPORT - None V. PLEDGE OF ALLEGIANCE - Council Member Henn VI. CONSENT CALENDAR VII. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. PROFESSIONAL SERVICES AGREEMENT FOR HOUSING ELEMENT UPDATE (C- 4009). [381100 -20071 In response to Dolores Otting's questions, Assistant City Manager Wood confirmed that the Housing Element was a part of last year's General Plan Update, but it is still being reviewed by the California Department of Housing and Community Development (HCD). She explained the process for the upcoming Housing Element update. Motion by Mayor Pro Tem Daigle to a) authorize the City Manager to execute a Professional Services Agreement with PBS&J for the 2006 -2014 Housing Element Update and related CEQA review; and b) approve a budget amendment (08BA -034) increasing the expenditure appropriation of 2710 -8080 by $84,868 from the General fund unappropriated fund balance. 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 2. APPROVAL OF NEW EMPLOYMENT AGREEMENT FOR NEWPORT BEACH CITY MANAGER (C- 3262). [381100 -2007] In response to Dolores Otting's, questions, Mayor Selich reviewed the City Manager's base salary. Volume 58 - Page 855 City of Newport Beach City Council Minutes — Special Meeting December 18, 2007 Motion by Mayor Pro Tem. Daigle to approve the proposed Employment Agreement for the Newport Beach City Manager. 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 VIII. CONTINUED BUSINESS 3. NORTH NEWPORT. CENTER PLANNED COMMUNITY (PA2007 -151) - 500 -600 BLK NEWPORT CENTER DRIVE, 4200 BLK SAN JOAQUIN PLAZA. [100 -2007] Assistant City Manager Wood reported that she distributed a memorandum from her and the City Attorney and one from Joe Foust of Austin -Foust Associates which responds to correspondence Council received before last week's Council meeting. She noted that a revised square footage sheet relative to Block 500 was also distributed. City Attorney Clauson reported that the City Clerk's office received correspondence from The Irvine Company's attorney this afternoon that also responds to last week's correspondence. She noted that it is available for viewing in the lobby. Dolores Otting questioned who will be paying.for the parking structure and expressed concern that there would be no public input during the addendum process. She hoped that the shadows cast by the buildings would not cause a problem for the area. City Attorney Clauson explained that the parking structure would be paid for by The Irvine Company, the City would not own it, and the City would coordinate with the Irvine Company on the design. City Manager Bludau added that the City would pay its pro rata share for the parking spaces and maintenance charges. Dr. Jan Vandersloot expressed support for the development agreement. He noted that voting for Measure B places a City Hall behind the library and allows for an additional 72,000 sq. feet of office space behind the 500 Block, which would double the traffic in the area. In response to Council questions, City Attorney Clauson confirmed that the City would not pay for the cost of the land for the parking structure, just the cost for maintenance, the easement, or use of the parking structure. She discussed land consistency and the land transfer provision for the 72,000 square foot building. Joe Foust, Austin -Foust Associates, discussed the use of the p.m. peak hour and reported that they analyzed whether using this was still valid. He noted that they used both a.m. and p.m. peak hours in the traffic analysis. Motion by Council Member Gardner to a) adopt Ordinance No. 2007 -20 approving Code Amendment No. CA2007 -007 and Planned Community Development Plan Amendment No. PD2007 -003; and b) adopt Ordinance No. 2007 -21 approving Development Agreement No. DA2007 -002. Council Member Webb noted that The Irvine Company will be dedicating Lower Castaways to the City in the development agreement, which is the birthplace of Newport Beach. Mayor Selich read a statement relative to transfer development rights, traffic impacts, the Housing Element, and the housing count for the area. Volume 58 - Page 356 City of Newport Beach City Council Minutes — Special Meeting December 18, 2007 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 4. GROUP RESIDENTIAL USES - UPDATE AND CONTINUED DISCUSSION. 1100- 20071 Cynthia Koller provided articles which promote Newport Beach for alternative sentencing. She noted that the facilities are advertised on the internet and discussed a December 15 Daily Pilot article. She believed that the residents are being targeted for harassment, the 1,000 foot separation is needed, and the Conditional Use Permit (CUP) process doesn't make sense. In response to Ms. Koller's questions, Assistant City Manager Kiff reported that he is reviewing the Intense Residential Occupancy Committee (IROC) meeting minutes which will be made available at the end of the week. City Manager Bludau indicated that he will look into the Police Department's website relative to narcotics registration. Ed Vanden Bossche provided suggestions on how to improve and clarify the ordinance relative to the use permit, reasonable accommodations, hearing officer qualifications, disclosure of tenants, extensions, financial penalties, and right to appeal. Craig Batley noted the increase in beds since 2004 and emphasized the need for clear standards. He discussed reasonable accommodations and expressed concern about grandfathering and allowing facilities in duplexes. Gerri Shapiro asked if the vision for Newport Beach is to be the drug rehabilitation capitol of the world. Shelly Dobkins noted that the residents are experiencing undue hardship and supported the 1,000 foot separation as a minimum. Paul Sloski believed that other cities have incorporated the 1,000 foot separation and that Oceanside is hoping that all coastal cities would adopt this. Willis Longyear noted that the citizens want non - conforming uses abated within six months or when the lease expires, whichever is sooner. Lori Morris believed that anything the City does will be perceived by the recovery facilities to be discriminatory and that the 1,000 foot separation needs to be included in the ordinance. She requested that the 800 unlicensed beds be abated. She expressed concern about criminals using the facilities and the grandfathering provision. She noted that the citizens need Council to deal with this issue. Bill Hitchcock asked that Council represent the citizens and make Newport Beach a reasonable city to live in. Eric Oberg stated that he sent Council an email last week. He believed that, since the facilities are paying excess market rates to rent the locations, it is pricing out future citizens from living in the City. Dick Nichols noted that six and under facilities are required to be licensed and that the City should enforce this. He believed that non - licensed facilities should be issued notices to leave the City. Volume 58 - Page 857 City of Newport Beach City Council Minutes — Special Meeting December 18, 2007 Neil McFarland, Lido Isle Community Association President, believed that the 1,000 foot separation would still allow six facilities on the island. He added that many of the residents would leave if this occurred. Mustafa Solermez agreed that the 1,000 foot separation should be included in the ordinance. Bob Rush asked how the community can appeal decisions of the hearing officer and Planning Commission. He believed that the ordinance should include a maximum acceptable number of beds and that the CUP process would only eliminate about 20 percent of the facilities. He discussed over concentration and reverse discrimination. Denys Oberman believed that the ordinance is similar to what they proposed in 2004 but now there are a lot more facilities in the City. She emphasized the need to de- institutionalize the coastal neighborhoods, include the 1,000 foot separation because it can be justified, and use sound planning standards. She believed that the City should not allow any more facilities, that unlicensed facilities should be prohibited, and that having no disclosure about the residents puts the community at risk. David Diamond stated that the citizens want a distance requirement and believed that using American Planning Association (APA) standards is not appropriate for Newport Beach. Dolores Otting stated that she emailed Council relative to a reality intervention show and took issue that there are 1,000 unlicensed homes in the City. She noted that refuse contracts can be terminated in 30 days, but it could take 90 to 120 days to get rid of the facilities. Warner Asher stated that he sent Council an email relative to people buying houses in other cities because they are concerned about the fabric of the community. Mary Gilliland emphasized that the recovery facilities are still businesses and need to be controlled. She expressed concern about over concentration. Special Counsel Markman stated that they will take every suggestion seriously and that some of the suggestions will be implemented into the ordinance. He emphasized the desire to present the most effective and valid ordinance on January 8 that deals with the problem. DC PUBLIC COMMENTS Dolores Otting expressed concern about over- watering on Newport Center Drive and the dirt pile at the Newport Beach Country Club not being covered. She suggested changing the fields in the parks to artificial turf. She listed medications that contain fluoride. Council Member Gardner asked that Code Enforcement be made aware of the evening runoff. Assistant City Manager Kiff noted that there are other means of erosion control, other than placing a tarp on a dirt pile. Mayor Selich announced that the Newport Center Drive sprinkler retrofit that's included in the development agreement will need to be completed by June 2008. Joe Reese believed that the Newport Beach Brewing Company is not supposed to open business until 5:00 p.m. He read a letter that he and other residents sent to Police Chief Klein relative to the improvement in the quality of life on the Peninsula due to increased Police presence and enforcement activities at the area bars. George Schroeder, President of Speak Up Newport (www.speakupnewport.org), reported that Volume 58 - Page 358 N City of Newport Beach City Council Minutes - Special Meeting December 18, 2007 AirFare will be discussing what can be done to stop future expansion at John Wayne Airport (JWA) at their January 9 meeting which will be held at 5:00 p.m. at the Newport Beach Yacht Club. X. ADJOURNMENT - 8:52 p.m. The agenda for the Special Meeting, was posted on December 14, 2007, at 11:80 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Volume 58 - Page $59