HomeMy WebLinkAbout01 - 11-10-2009 - MinutesAgenda Item No. 1
November 24, 2009
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
November 10, 2009 — 3:30 p.m.
I. ROLL CALL
Present: Council Member Henn, Council Member nsky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Gardner, Cou Me Daigle
Absent: Council Member Webb
Council Member Webb arrived at 3:3 m
H. CURRENT BUSINESS
1. CLARIFICATION OF ITEM THE CONSENT CALEN AR.
Council Member le indicated she will be pulling Item 4 (Extending
Einployment of In lice Chief s he City Manager could outline the basic
terms of compensatio le extensio d duties expected. She also requested
clarification on Item (Lower -dgin roject) in regards to executing the
project in a timely ma r.
AM-
2. PRE TION BY O E COUN WATER DISTRICT BOARD.
ange Co _ ty Water DRkrict (OCWD) Board of Director Debay and General
er Markus uti d a PowerPoint presentation to discuss
wale the San a River, the Ground Water Replenishment Project
RP , sin ntage (BPP), total water demands, water supply in
O e ty, operation recharge facilities, OCWD sources of groundwater
rech dwater basin accumulated overdraft, the. Groundwater
Reple ent ) System, joint partnerships with Orange County Sanitation
District CSD), t GWR advanced water purification process, project funding slid
timing, efits of t GWR system, community support, and next steps.
OCWD nd of Director President Sheldon discussed the positive aspects of the
atng term goaof beingindependent from the Delta. In
Counctiona he suggested ways in which the City could upport th and ed agreements with Mesa - Consolidated relative to the
Col red Water Program.
Mayor Pro Tem Curry commented on the importance of water conservation and how
that relates to increasing water rates.
3. PUBLIC ART RESEARCH FOR THE NEW CITY HALL AND PARK
DESIGN.
City Arts Commission Vice Chair /Chair of the Subcommittee on Art in Public
Spaces Smith and Subcommittee on Art in Public Spaces Member Trela utilized a
report to discuss the Port of San Diego "Urban Trees" Program, the E1 Paseo
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City of Newport Beach
City Council Study Session
November 10, 2009
Invitations Sculpture Exhibit, art on the UCSD campus, the Sculpture Foundation,
opportunities to borrow. sculptures, collaboration with Parks & Recreation, what
other cities have done, Art in Public Places Programs, methods of funding and
acquisition, .issues such as: security and insurance, and recommendations. In
response to Council questions, they also discussed establishing an advisory panel
consisting of established artists and curators.
Council Member,Webb expressed support for the recommendations and suggested
setting a defined program timeline. a
Mayor Pro Tem Curry also expressed support d suggested generating a specific
plan for the Civic Center.
Council Member Gardner encouraged lop artists rather than borrowing art
from other locations. She also com e d on the thetic and economic benefits of
public art.
Council Member.Daigle expre sup for the recom ations presented.
Council Member .ilenn su d olding a significant unve g at the new Civic
Center with a City -owned pie art, and asked about recommendations for long -
range funding mechanisms that d continue the City's ability to add permanent
pieces of art to its etion.
Mayor Selich suppor d commenda and requested to see a specific plan
and timeline.
Library rvices Direc Co discu ncerns about the limited size of the
com i room at the w ivic Center, t e Board of Library Trustees policy that
d not a w renting oom to for -profit organizations, noted the potential to
r more rograms if the oom were larger, and encouraged that the room be as
fle le as ossible with re g to seating arrangements.
un ' ember that the Friends Room at the Central Library is
c fly d 30 -40% of time and that the current Civic Center plan will double
the of a ble space for programs.
Co un ' ember 'gle expressed concern for using tax dollars to construct a larger
facility t would mpete with local businesses.
Council Member Gardner . suggested enlarging and upgrading technology
in the end's Room.
4. DERATION OF UPDATES FOR THE MUNICIPAL CODE TO
E CE THE CITY'S CODE ENFORCEMENT ABILITIES.
Assistant City Manager Wood noted a lack of consistency of penalty provisions, the
increased use of City resources due to some fines being lower than permit fees, and
the number of cases brought to the City Attorneys Office.
Deputy City Attorney Rowen.discussed uniform penalties, administrative citations,
misdemeanors, noise violations, use permits, building and zoning code
violations, citation fees being less than permit fees, repeat violations, and tiered
citations. In response to Council questions, he discussed cost recovery ordinances
and policies. Police Captain Kaminsky discussed the Alcohol Beverage Control
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City of Newport Beach
City Council Study Session
November 10, 2009
(ABC) Grant.
In response to Council questions, City Attorney Hunt discussed the goal of being
more cost effective by obtaining compliance with the Newport Beach Municipal Code
(NBMQ earlier rather than repeatedly utilizing City resources. He also discussed
use permit issues, the involvement of the City Attorney's Office, and the need to
create uniformity when issuing citations.
Council Member . Henn. confirmed that staff rtupports the updates to the
NBMC, noted that the purpose is not to /ke profit but to assist residents
in complying with the codes, discussed a dnary approac h, and requested
clarification relative to avoiding selective enf t.
Council Member Rosansky noted the
residential issues. A
Mayor Pro Tem Curry
discussed ensuring rat
Mayor Selich supported
increasing fines alone is e
Council Member D
Council Member C
residents were frust
W.R. 113'cILDIN(
e expr
enfo has not
5. t
'ease ppo t for moving f
iz: the fiplstructure and
enforcement, especially with
i sense approach and
deterrent.
stated that ON
n ressed su
d in t t with
with the updates, and
whether
like to see a cost/benefit analysis.
for the updates and noted that
for asing fines and believed that code
sly in the past.
E UPDATE.
Co M Gardner reprted that the Green Building Task Force is looking at
t Ci to crease its carbon footprint, including increasing
nes educing wa W extending the time period between tree trimming,
con g e gy audits, reducing noise pollution, using solar power, appointing a
City a loyee an Environmental .Coordinator, creating an educational resource
for resi nts on to be more environmentally efficient, and creating a "green"
section the City ebsite and a "green" rack at the Central Library. in response to
Mayor S 'ch's question, she explained that the Task Force decided to not look into
inoentiv for "green" remodels.
Vnc ember .Henn commended the Task Force for their hard work, encouraged
alternative tr ansportation methods such as water taxis and abike- sharing
discussed parking studies, and suggested using Walker Parking
Management to assist in evaluating these alternatives.
Mayor Pro Tem Curry also commended Council Member Gardner for her hard work
on the Task Force, discussed the legislative mandate to reduce the amount
of greenhouse gases, supported the strategies the Task Force presented, and
requested to see the scope of work for a bike - sharing program.
City Manager Kiff noted that he will present these strategies to the Management
Team for feedback, discuss the "green" portion of the City website with the Media
and Communications Committee, and bring a report back to Council at a future
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City of Newport Beach
City Council Study Session
November 10, 2009
meeting.
III. PUBLIC -C MMENTS -None
IV. ADdOURMENT - 5:30 p.m
The agenda for the Study Session was posted on November 10, 2009 at 3:50 p.m on
the City Hall Bulletin Board located outside of the City of Newport Beach
D rltrtiniefral.iva Rnilrlina
Volume 59 - Page 307
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
November 10, 2009 — 7:00
I. STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION - 5:30 p.m.
A. Conference with Le al Counsel - Eaistin iti ation (Govglqbpent Code
54956.9(a)): Seven matters:
1. Status Report on Pending Liti do • We will report on a global basis on
all pending litigation involving Cit his is an informational item only. No
action, however, may be taken y item unless it is specifically noticed
below.
2. IBC Litigation Matt rs: Four matters, rising out of the IBC Litigation
against the City of Iry
a. Newport Bead stin Irvi a (Martin Street), Orange
County Superior urt Cas o. 264
b. Newport Beac u v. City of Irvine (2851 Alton), Orange
ty Superior C Case No. 07CCO1265
c- Ne o Beac in v. City of Irvine (HCG), Orange County
Su rior Court Case . 30- 2008 - 0022885- CU- WM -CXC
d. N stin V. City of Irvine (Accessory Retail
siness Regula ons), Orange County Superior Court Case No. 30-
00264696
3. Pa t V. I Newport Beach, Orange County Superior Court Case No.
of Newport Beach, Orange County Superior Court Case No. 30-
III.
IV.
V. ROLL CALL F
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tent Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
VI. . CLOSED SESSION REPORT - City Attorney Hunt stated that Council voted unanimously tc
allow the Office of the City Attorney to use outside counsel to defend Padgett o. Newpon
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City Council Minutes
November 10, 2009
Beach and Kim u. Newport Beach.
VII. U- EDGE.OF ALLEGIANCE - Cub Scout Pack 325
Mayor Selich asked for a moment of silence in honor of Dr. Jan Vandersloot.
VIII. INVOCATION - Reverend Peter J. Haynes, Saint Michael and All kAngels Episcopal
Church a/
DL PRESENTATIONS
Q
Introduction of Orange County Transportation Aui
- Mr. Kempton stated that he looks forward to working
current litigation, mobility needs, and the Measure M
Council Member Webb expressed their gratitude for his 1
him for his role in helping the City acquire the land for'o
Employee Recognition by the City
Maintenance Services Assistant Van of the
supplies plan which resulted in a savings of S
Council paid tribute to Dr. Jan Vander
for the community and the environment.
Council Member Daigle announced that
presented at Corona del High Schoo
announced that the P epartment w
safety at the Centr br on November
ity CEO, Will Kempton
e City, ' cussed budget cuts,
am. Mayo Tem Curry and
work. City M Kiff thanked
G Ridge Park.
ty Manager Kiff ac owledged
ment for his role in developing a
and accomplishments
Oinual "Keep Your Teen Safe" program was
lovember 4. She thanked the Police staff and
presenting a program for parents on internet
Council Member deer :anked Special Priects Consultant Sinasek for handing out over
100 boating inform ced that the Task Force on Cycling Safety will
have its first meeting vember 16 at :00 p.m. She also announced that Corona del Mar
will start ue hich will provide discounts for shopping and dining in the area.
In r onse to Coun ember dneis question, City Attorney Hunt stated that an amended
a king ordinance w" me befo Council in January.
cil Member Rosa ky announced that he attended the "Fur, Feather, Flippers and Fins"
fq ev which groups me together to conduct pet adoptions and stated that the event will be
broad3qfLon NBTV. jf
Mayor Pro C announced that he will represent the City on the League Legislative
Committee. acussed their efforts to propose an initiative measure relative to funds
diverted to the to and requested that staff generate a staff report and resolution in support
of the efforts.
3UL -CONSENT CALENDAR
A. READING OFMINUTES IORDINANCES AND RESOLUTIONS
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City of Newport Beach
City Council Minutes
November 10, 2009
1.
2.
MINUTES OF THE REGULAR MEETING AND ADJOURNED
REGULAR MEETING OF OCTOBER 27, 2009. [100 -20091 Waive reading
of subject minutes, approve as amended and order filed.
READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full
of all ordinances and resolutions under consideration, andjrect the City Clerk
to read by title only.
B. ORDINANCE FOR INTRODUCTION
3. CHAPTER 14.17 (WATER EFFICIENT
NEWPORT BEACH MUNICIPAL CODE.
Session in January. AN
D. CONTRACTS AND AGREEMENTS
6. JUSTICE ASSISTANCE GRANT
20091 Approve Agreement to
Assistance Grant annual award
Agreement.
6. AMENDMENT NO. 1 TO I
WITH ANCHOR Q' FOR
TASKS ASSOCIAT T
LOWER BAY DR-ED
[381100 -20091 a) App ve i
Agreement (PSA) with hr
options options for the contamin d
project; and b) approve a
unapprj&Afted Tidelands
Impr me Project #7231-
APING) OF THE
Continue to a Study
Z AWARD (C -4371 1381100-
; for Fiscal Year 20 9, Justice
the City Manager to execute the
NAL SERVICES AGREEMENT
G AND ENVIRONMENTAL
GI AND DISPOSAL FOR A
IN NOWORT HARBOR (C- 4304).
re o. 7 to Professional Services
pre an MND and EIR for two
mponent of a Lower Bay dredging
at amendment (10BA -019) taking $40,000 in
Balance and assigning these funds to Capital
12001 (Newport Harbor Dredging Project).
7. r'YGROIJND RESILIENL SURFACE RENOVATION - AWARD OF
RA 228). [3 �j0 -20091 a) Approve the project plans and
, tract (C -4228) to R.E. Shultz Construction for
e tot price of $64,135, and authorize the Mayor and the City Clerk to
to th tract; and c) establish a contingency amount of $17,365 (27 %) to
cov a cos oreseen work.
8. COR A DEL NEAR STREET REHABILITATION PROJECT - PHASE 2
- AW D OF CONTRACT (C- 4140). 1381100 -20091 a) Approve the project
plans d specifications; b) award the contract (C -4140) to Imperial Paving
Comp y, Inc. for the total bid price of $964,055.00, and authorize the Mayor
and a City Clerk to execute the contract; c) establish a construction
cunt' gency amount of $97,000 (approximately 10 %) to cover the cost of
seen work; and . d) approve a budget amendment (10BA -018)
opriating $1,252,014 from the unappropriated Proposition 1B fund balance
Account 7185- C2002037 (Local Streets and Roads Program).
9. 2008 -2009 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM
(C -4072) - NOTICE OF COMPLETION. [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
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City Council Minutes
November 10 , 2009
XIII.
XIV.
portions of the Civil Code; and
c) release the Faithful Performance Bond one year after Council acceptance.
E. MISCELLANEOUS
10. PLANNING COMMISSION AGENDA FOR NOVEMBER 5, 2009. [100-
20091 Receive and file written report. aJ
11. HUMAN SERVICES GRANTS FOR 2009 -2010. [&09-20091 Authorize the
allocation of $25,000 in Human Services Grants as oyArted in the staff report.
Motion by Mayor Pro Tem Curry,_seconded,by Council MiFmIdg. Rosansky to approve
the Consent Calendar except for Item 4 [Resolution Req ing Ap al From California
Public Employment Retirement System (CALPERS) Bo of Administr Extending the
Employment of Interim Police Chief); and noting the tinuance of Item hapter 14.17
(Water Efficient Landscaping) of the Newport Beach uni ''pal Code) to a St Session in
January to allow staff time to educate residents on t purple of the ordinance.
The motion carried by the following roll call
Ayes: Council Member Henn, Council Member Ros Mayor Pro Tem Curry, Mayor Selich,
Council Member Webb, Council Member Gardner' Member Daigle
4. RESOLUTION REQUESTI A FROM CALIFORNIA PUBLIC
EMPLOYMENT RETIREM T S ALPERS) BOARD OF
ADMINISTRATION EXTENDI G TH MPLO NT OF INTERIM POLICE
CHIEF (C- 4807). [381100 -20091
In response to lan 1 Member Daiquestions, City Manager Kiff identified the new
terms of the nhighlighted th sks expected, and noted that the Interim Police
Chiefs ex ise knowle dge have en helpful to the Police Department.
Motion b un 9ky. seconded by Council Member Daigle to
a) adopt Reso No. 2009 -75 we esting the employment extension per Government
e sjpCo n 21 ) for Interim Police Chief Robert Luman to expire no later than
0, • and uthorize the City Manager to renew the employment agreement
between the 'ty of ort Beach and Robert Luman complying with Government
Code Section 21th).
The motion cared by the following roll call vote:
Council tember Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, founcil Member Webb, Council Member Gardner, Council Member Daigle
Mayor Pro Tenf Curry reported that the Finance Committee discussed the impacts of cost
increases in the Facilities Finance Plan (FFP) and directed staff to work on reducing the
maximum amount to be utilized for the Civic Center Project.
XV. PUBLIC COMMENTS - None
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November 10, 2009
XVI. PUBLIC HEARINGS
12. INTRODUCTION OF AN ORDINANCE INCREASING THE BENEFIT
ASSESSMENT LEVY OF THE NEWPORT BEACH RESTAURANT
ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (NBRA BID). [100 -20091
Economic Development Administrator De Santis reported that thir�s the first time the
Restaurant Association has sought a levy increase. y
Mayor Selich opened the public hearing. Hearing no testWbny, he closed the public
hearing.
Council Member Rosansky expressed support for the staurant ociation and added
that it is important to maintain a partnership wit t e City.
Motion_by._Council Member Webb secon b Council,Membe sansk to
introduce Ordinance No. 2009 -26 setting t ew efit assessment to b vied, and
pass to second reading on November 24,
The motion carried by the following roll ca
Ayes: Council Member Henn, Council Member sky, Mayor Pro Tern Curry, Mayor
Selich, Council Member ebb, Council Mem ardner, Council Member Daigle
13. CONSTRUCTION AND CE PRO TS IN RESIDENTIAL
DISTRICTS CODE AMEND NT. [.t -
Planning Manager Alford rep d th the ordinance is intended to address
construction and maintenance a i s that are not regulated by Title 15. He
discussed the re ents of the o nce and the additional public nuisances.
In response Co Member Gar er's questions, Planning Manager Alford stated
that the dinan applies to truction and maintenance projects located
in reside dist ' a are visible fro he public right -of -way, occupies more than 120
square feet a and are over 24 feet in height. Assistant City
Manager Woo terated that the provisions of this ordinance will only apply
tyon or tenance projects.
hearing. Hearing no testimony, he closed the public
hearing.
Motion by Cdhncil Member Gardner. seconded by Council Member Webb to
introduce Ordinance No. 2009 -27 approving the Code Amendment, and pass to second
ading on No ember 24, 2009.
Th Ytion rried by the fo llowing roll call voteAyes: Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
ouncil Member Webb, Council Member Gardner, Council Member Daigle
14, WATER CONSERVATION ORDINANCE. [100 -20091
Utilities Director Murdoch explained how the City developed the base amount and
discussed the purpose of the the water conservation ordinance.
In response to Council questions, Utilities Director Murdoch explained that the
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City Council Minutes
November 10, 2009
percentage of water reduction is based on a target level and noted that the City
is allocated a certain amount of water from the water districts. He indicated that the
ordinance includes an option for relief of compliance which allows residents the
opportunity to appeal any violation. He stated that staff will later develop individual
allocations when needed. Council Member Henn suggested that staff recommend ways
to accommodate the needs of residents living on very small lots in t e event restrictions
are mandated, in order to be fair and reduce the volume of appeals
Mayor Selich opened the public hearing. Hearing no testi ny, he closed the public
hearing.
Motion by Council Member Gardner. seconded Co 1 M mber Webb to
adopt Ordinance No. 2009.24 amending Chapter 14. of the Ne A Beach Municipal
Code.
The motion carried by the following ro4v:
Ayes: Council Member Henn, Council ky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, C Gardner, Council Member Daigle
15. WATER UTILITY RATE INCREAS1
Utilities Director Murdoch no d a correction to 2 of the staff report. He stated
that tonight's hearing concludday protest p
In response to Council question Utilities urdoch stated that the City has
received approximately 80 prote of the 500 ne d to stop the rate increase. He
noted that the purchase of water ill increased by 40% in the next two years and
emphasized that t e rate increas result in an average $10 a month increase to
residential wat
Council M ber G drier expressed titude to all the water agencies for their efforts
in getti a mes ge out about the ter shortage and to help residents understand
the numose th
Ma ich op the public hearing.
In respons Dick ols' question, Utilities Director Murdoch stated that the
Capital Impr ment P ams (CIPs) were previously paid out of the City's reserve
L to ma repairs; owever, staff implemented a capital charge which will be
attached to wa r meter charges.
In response t4ial Meany's questions, City Manager Kiff stated that the City is looking
road costkfutting measures by adjusting personnel, implementing a reorganization
pl.7%Wonsilfring automated meter readings, and observing programs paid by water
funds. ties Director Murdoch stated that the City has a set water target
level, colffucts off -beat pumping to save $100,000 a year in electrical costs, participates
in programs that pays the City for its participation, and involves the employees in cost
cutting efforts. He also added that the City might be interested in participating in a
desalination program.
Hearing no further testimony, Mayor Selich closed the public hearing.
Motion by Council Member Gardner seconded by Council Member Webb to a)
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City Council Minutes
November 10, 2009
direct staff to prepare a report for November 24, 2009 to announce the results of the
Proposition 218 procedure as tabulated by the City Clerk; and b) introduce
Ordinance No. 2009 -29 on November 24, 2009 amending Chapter 14.12, Water Rates
and Charges, of the Newport Beach Municipal Code, and pass to second reading on
December 8, 2009.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Maywopto Tem Curry, Mayor
. Selich, Council Member Webb, Council Member GardqjF, Council Member Daigle
16. PORT RESTAURANT AND BAR APPEAL -49 OTROPE AVENUE
(PA2009 -080) - AMENDMENT TO USE PER NO. 1 AND OFF-SITE
PARKING AGREEMENT NO. OP2009 -00. [100iC 9J
Associate Planner Murillo provided a brief
restaurant was cited twice for having live
that the applicant is requesting an exte
entertainment permit, and would like
indicated that staff recommends that G
decision to deny the permit.
Mayor Selich opened the
Dennis O'Neil, counsel for
requested.
Ali Zadeh, applicant, utilized a K
use, change in food service to in .1
entertainment. so displayed
discussed not conc ns, future nois
parking pe (o nel, he restaurant's
the propo closin ours.
OfAhe use permit andd that the
doMent without a perms -Ie stated
Othe current closing time and a live
his off -site parking agreement. He
uphold the Planning Commission's
that the applicant
it presentation that included the intended
i on weekends, and the desire to have live
plan and Port atrium after conversion, and
of measures, the noise studies, security and
on, off -site parking, sales from 2007, and
In response ci er's question, Mr. Zadeh stated that the previous
owne live rtainment and indicated that he did not realize that he could
ns d the application period.
Dick Nichols ggeste at Council approve the closing hours of 12:30 a.m. on
Thursdays and •00 a.m. o the weekends.
Mark Labron pressed support for the proposed amendments and believed that the
lan to have p rons park in the off -site parking lot will help diffuse resident concerns.
Sa avier pressed support for the proposed amendments and noted that the owner
is rec a making changes to abide with City requirements.
Kent M re expressed support for the proposed amendments and urged Council to read
the sound engineer's report.
Walter Seabring expressed support for the proposed amendments and asked Council
to approve Mr. Zadeh's request.
Dawn Stone expressed opposition to the proposed amendments, stated that people
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November 10, 2009
loiter after the restaurant is closed, and urged Council to deny the permit
Nancy Morran- Sanchez expressed support for the proposed amendments and believed
that the owner is responsible and sincere.
Debbie Boedwin expressed support for the proposed amendments and stated that the
owner cares about the community.
Lindsey Watkins expressed support for the proposed amend is and indicated that
the restaurant is an exciting and fun place to work, and the o er adores the patrons.
Dieter Brunner expressed opposition for the extension o o stated that parking is
bad, and provided photos.
Allen Aria expressed support for the proposed amendments and enco ed Council to
approve the appeal.
Greg Brisco expressed support for the
restaurant has a great atmosphere and q
Jennifer Barnier expressed support for t
has not experienced any parking or noise
Matthew Gudorf expressed o
operating hours, noise, live enq
renovation will create more dl
Enforcement Officers, and urged
Jeff Wright expressed support I
information as toff& the restaurai
Carl Cassidy res d support for
exercise th right eminent dom .
and stated• that the
cares.
amendments and stated that she
to the pro amendments and addressed
and parking lems. He believed that the
the P ce Department and Code
to y eal.
e proposed amendments and provided
aportant to him.
proposed amendments and asked Council not to
Sally Chees o e To the extension of hours and expressed concern
about the effec he restaurant o er property value.
xpres upport for the proposed amendments and indicated that there
:Grant e no other y res nts in the area.
Welton ressed o osition to the amendments and indicated that changing the
sure time to later time will not help.
rol Ann
It expressed opposition to the proposed amendment and discussed issues
ated wi the mod leation, interior noise standard, amplified music, and live
en inure . She provided letters to Council from concerned residents and urged
Coun ny the appeal.
Shalon STamblu expressed support for the proposed amendment to the use permit.
Chris Beaufort expressed opposition to the proposed amendment and expressed concern
that the changes might pave the way for the restaurant to operate as a night club. He
stated that the residents are impacted nightly. He clarified that he does not want the
restaurant to close; however, he would like to keep the area tolerable for the residents.
Hamid Alwafati expressed support for the proposed amendments and asked Council to
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November 10, 2009
allow the owner to make the changes
Summer Wheeler expressed support for the proposed amendment and stated that the
restaurant is a classy establishment.
Keith Kraus expressed support for the proposed amendment and discussed calls made
to the Police Department.
Leann Progberg expressed support for the proposed amend t and stated that the
restaurant is safe and enjoyable.
Dennis O'Neil suggested that Council approve the ame a nd allow the Planning
Commission to conduct a six month review. He no hat the licant attempted to
meet and confer with the residents. A
Hearing no further testimony, Mayor Selich
Council Member Gardner expressed cc I
future owners. She questioned the typ
believed that the extension of hours w
month review is not feasible. However, she
hours on the weekend.
Council Member Henn expre
restrictions, provided that It
recommended having a 6 or 1'.
opposition to the extension of th
Mayor Pro Tem Curry agreed
support for th ension of
entertainme erm& should be
for
public hearing.
1r the use permit could be used by
t�tertainment that would be permitted,
in more noise, and indicated that a six
tressed support for the proposed lunch
suingl%V.E entertainment permit with
only be Ted by the applicant. He
11hLCggimission review and expressed
00 a.m. closing time is too late, expressed
ing agreement, and believed that the live
with restrictions.
Council &mber VIPbb expressed opition to the extension of hours, but expressed
support or uin permit with restrictions, extending the off-site
parking agree , an a owing hes to be served on weekends.
FR4 -ncit M e,r DalIQ suggested that Council strike a balance to allow the business to
survive and urish vAfttaking the residents into consideration. She also expressed
support for a entertaTfnent permit and weekend lunches.
In response to ouncil Member Gardner's questions, City Attorney Hunt clarified that
the use permi does run with the land and stated that Council can require a special
ent permit r license outside of the use permit, as long as there are appropriate
r 'ctions. a discussed different ways Council could allow live entertainment. He
Bug d t Council make a motion to uphold the appeal as it relates to the
extensi operating hours, but overturn the decision on the parking agreement and
week en unches. He also stated that Council can consider the live entertainment
permit with limitations. I Council Member Daigle suggested that decibel levels be
included in the live entertainment permit.
Mr. Zadeh urged Council to grant him the extension of hours and stated that he
is willing to have a trial period, including requiring a Planning Commission review. He
requested that amplified sound be included in the live entertainment permit.
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In response to Mayor Selich's question, Assistant City Manager Wood clarified that a
live entertainment permit will be required and granted to the operator until the
business is sold. She also stated that the City could limit the extent of the live
entertainment and clarified that each individual operator would need to apply for
a permit.
Motion. b_Council_Member_Gardner. seconded. by Council_ _mbe_r.Webb to a)
adopt Resolution No. 2009 -76 with amendments to the Use Per No. 1566 to include
weekend lunch and extension of the Off -Site Parking Agree nt No. OP2009 -003; b)
uphold the decision of the Planning Commission to disapp the extended hours; and
c) bring the live entertainment issue back to Council for r
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member
Selich, Council Member Webb, Council
17. NORTH NEWPORT CENTER P NE'
(PA2009 -111) - CODE AMEND
COMMUNITY DEVELOPMENT Al
CONSIDERATION TO INCORPORATE 1
400, BLOCK 800, AND NEWPORT VILLA
CENTER PLANNED CO NITY AND A
THE ZONING CLASSIFIC F THESE
PC -23, AND PC -27 TO PC C7
2009]
Planning Manager Alford re
their property holdings into a
Mayor Pro Curry, Mayor
doer, Council NAWer Daigle
COMMUNITY AMENDMENT
CA2009 -005 AND PLANNED
VDMENT NO. PD2009 -003 -
ONS OF BLOCK 100, BLOCK
NTO THE NORTH NEWPORT
L.AMENDMENT TO CHANGE
aNtLRTIES FROM APF, PC -28,
kP S. 48, 49, AND 50. [100-
Irvine Company proposed incorporating
Dan Miller, � Ir e Company, ted that they are in agreement with the staff
report.
In respon Cot aye r's question, Mr. Miller stated that the Block
800 senior h height was cted by staff to make it consistent with existing
Tem Curry's question, Planning Manager Alford discussed
view plane
Mayor Selich of ned the public hearing.
reaponse Barry Allen's question, Planting Manager Alford explained the
ment of he Newport Village Planned Community and pointed out that the bus
lba will main at its current location.
In respl& to George Jeffries' questions, Assistant City Manager Wood explained that
the General Plan does not include building heights and noted that the rooftop
appurtenances can exceed the building height limit by 20 feet; however, there are no
limits on square footage but a limitation on the range of features. Mr. Miller
explained that the height limit was 375 feet when the Planned Community was created
and was lowered to 295 feet two years ago.
Carol McDermott, Government Solutions, expressed support for The Irvine Company's
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City of Newport Beach
City Council Minutes
November 10, 2009
request and requested that 100 Newport Center Drive, 800 and 856 San Clemente
Drive, the Orange County Art Museum, 2071 -2095 San Joaquin Hills Road, 2101 and
2131 San Joaquin Hills Road, and 2161 San Joaquin Hills Road be added to
the Planned Community. She stated that they will work with staff on a separate
application and requested that the square footage not be allowed to be included in Block
100.
In response to Mayor Pro Tem Curry's questions, Mr. Miller ated that The Irvine
Company is okay with adding properties to the Planned Ckare using a separate
application. He stated that they are permitted to transfer age, as long as it
do es not exceed the existing square foo ed in Block
100. Planning Manager Alford stated that this ch a added to Table
2 (Development Limits) as Footnote C.
Motion by Council Webb,
introduce Ordinance No. 2009 -28 appro
Planned Community Development I
amendments to Table 2: Development
development per Block 100 may not e
development rights shall be permitted
121,114 square feet is not exceeded. , and
The motion carried by the follcjpg roll call vote:
Ayes: Council Member Henn,
Selich, Council Member
XVII. CURRENT BUSINESS
18. PACIFIC SH
5309 CLAY TR
(PA2008 -1 - R
WITHO PREJ'
5; RE TIO
PREJUDIC
4, ADM66PPR
Fed by Council MM &r . Henn to
dmendment No. CAW-005 and
dment No. PD200 03 with
dd Footnote C to read: the maximum
114 square feet and also add transfer
. the maximum development limit of
cond reading on November 24, 2009.
sansky, ayor Pro Tem Curry, Mayor
ardner, Council Member Daigle
PROPERTI , LC - 492 AND 492'% ORANGE AVENUE,
ET - RE ABLE ACCOMMODATION NO. 2008 -001
SOLUTION DIFYING HEARING OFFICER'S DENIAL
ICE OF REAS ABLE ACCOMMODATION REQUEST NO.
HEARING OFFICER'S DENIAL WITH
CCCMMMDATION REQUEST NOS. 1, 2, AND
L OF REASONABLE ACCOMMODATION REQUEST NO. 3.
Associate Pl er Bro reported that staff prepared resolutions reflecting actions
taken by Coun at the O her 27 meeting: She noted that Council requested that the
applicant sub an application to Alcohol and Drug Programs (ADP) in order to have a
treatment faefty for six or under residents at the Clay Street residence. She
explained the laquirements that Council requested and noted that an inspection by the
VikMarshallesulted in changes.
In re4ftavfto Council Member Henn's question, Associate Planner Brown stated that
the app nt would have to submit solutions to increase the number of exits.
Dick Nichols believed that the issue sets precedence for other group homes to expand
throughout residential areas and noted that integral homes are not allowed
in residential areas.
Lori Morris expressed concern for the possibility of having a treatment facility, using
the facility for assemblies, and the City's financial liability. She also discussed issues
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City of Newport Beach
City Council Minutes
November 10, 2009
with transportation, the building and zoning code, facility nuisances, the property line,
stairways, and exit deficits.
Cindy Koller expressed concern about the responsibility of monitoring the facility and
believed that the City could be liable for the facilities.
City Manager Kiff explained the waiver provision from 'he AD Council Member
Henn clarified that the City is not justifying the operato financial capacity
but making a determination as to whether they have a fins 1 need for reasonable
accommodation. City Attorney Hunt added that the ncial information is a
limitation and group homes cannot receive a reasonabl mmodation unless they
demonstrate necessity to the Hearing Officer.
In response to Council Member Rosansky's
that financial necessity is a part of case law.
City Manager Kiff stated that the conditio ttacl
that Pacific Shores must comply with i der
facilities are not required to be pre -cl th
differences in zoning and building codes. At
Marshal has the right to restrict the use afte ct
that Council is requiring them to comply with
He assured residents that thelky is not liable for
is concerned with health and s.
adopt Resolution Nos. 2009 -77,1
upholding and affirming the Hear
Nos. 1, 2, and 4 asonable Ac
2009 -80 uphol ' d affirming t
3 of Reaso e A mmodation
8lgrantin a app 1 and modif
prejudi quest o. 5, and to
City Attdlf&y Hunt stated
i to the staff report arlWonditions
crate, indicated that group homes
Fire Marshal, and explained the
rney Hunt clarified that the Fire
3ncy has been changed and noted
building and fie safety codes.
to property; however, the City
eco nAMIR&Gauncil Member Gardner to a)
-7 and 20-W79 denying the appeals, and
cer's decision to deny with prejudice Request
iodation No. 2008 -001; b) adopt Resolution No.
wring Officer's decision to approve Request No.
2008 -001; and c) adopt Resolution No. 2009 -
he Hearing Officer's decision to deny without
itionally grant Request No. 5 of Reasonable
the Conditions of Approval in the exhibit.
the following roll call vote:
CouneWembeNkn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, ncil MeiWer Webb, Council Member Gardner, Council Member Daigle
CIVIC CENTEpt PROJECT UPDATE. [731100 -20091
Kiff utilized a PowerPoint presentation which included the additions to
;r Project, the library addition, relocation of the Emergency Operations
the parking structure, the various park sections, and community room
In response to Council questions, City Manager Kiff stated that there are 300 seats in
the proposed community room, noted that the goal is to reach LEED silver certification,
and believed that some of the park features are subject to donations.
Council Member Henn suggested that the City not lose track of certain elements of the
project and continue to control contingencies. He believed that the project cannot go
above $105 million and still provide for the othre projects in the facilities replacement
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City Council Minutes
November 10, 2009
plan; suggested continued reviews and approvals by the Building Committee; and
believed that a $100 million limit is more desirable in order to allow room for
unexpected problems.
Matthew Gudorf encouraged the City to look at using a power - purchase agreement
which will allow roof stand -offs for no capital costs to the City.
Barry Allen expressed appreciation to Council and the designers r not phasing in the
park.
Karen Tringali urged Council to direct staff to clarify ther Federal Emergency
Management Agency (FEMA) funds are jeopardized i e ML is not an essential
building.
Debbie Stevens expressed appreciation for the effos to protect the vie pne.
Michelle O'Brien thanked Council for their cgffmitmit to preserve the vied lane.
Gary Stander thanked Council for the bu xpressed concern for the safety of the
building in the event of an earthquake.
Steve Sandland noted the current positive bi ate, believed that receiving LEED
certification is a good achievement, suggested tha explore a separate bid package
for the parking structure, and ted that staff to the general conditions of the
OASIS Senior Center to base a
Rush Hill, Design Review Co ittee, es a importance of maintaining
flexibility.
George Jeffries ased concern ut students using the library as a study hall
and the increa p g issues th will occur at the library.
Mayor Se ' belie d that the Con ' Chambers and community room should be
separate s. cil Member Ga ner and Mayor Pro Tem Curry believed that
a communit r is not needed. Council Member Henn directed
staff to clarify in EOC issues at the November 24 meeting. He stated that the
Eund egress and believed that a community room is not needed.
In response Coun tuber Daigle's question, City Manager Kiff stated that the
EOC will be IWted on tT same floor as the first floor of the library and noted that
there will be re explanation by the designers on November 24. He stated that the
architect could evisit making the community room smaller or eliminating it entirely;
however, he in rated that something is needed in the current location in order to house
&e public res oms.
MayVW,1jLelijF stated that Council will discuss the design -build option for the parking
structuWith the architects and indicated that the parking structure will work in
tangent Xith the design of the building.
20. CITY HALL AND LIMITED OFF -SITE HOLIDAY CLOSURE (DECEMBER 24,
2009 AT 12:00 NOON THROUGH AND INCLUDING JANUARY 1, 2010) -
AMENDMENT TO VARIOUS MEMORANDA OF UNDERSTANDINGBENEFIT
DOCUMENTS (C -2051, C -2056, C -2058, C -2059, C- 2060(A), C- 2065(A), C -2932, C-
2946, C-3288,).[38/100-20091
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City Council Minutes
November 10, 2009
City Manager Kiff reviewed the staff report and added that closing City Hall the week
after Christmas will result in a reduction in leave balances which is a cost savings to
the City,
Motion, by _Council ember by_ Mayor ,Pro _Tem...Curry to
approve the closure of the City Hall complex and provide limited Cit services at off site
facilities as determined by Department and approved by the City Hager - notification
to the public of the schedule will be made in order to limit prob ms with this reduced
service period.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosa y, Mayor Tem Curry, Mayor
Selich, Council Member Webb, Council Memb Gardner, Co Member Daigle
XVIII. MOTION FOR RECONSIDERATION - None
XDL ADJOURNMENT - Adjourned at 11:07 pan. ix]d4emog1of Dr. Jan
The agenda for the Study Session was po November 10, 2009 at 3:50 p.m. on
the City Hall Bulletin Board located outs of the City of Newport Beach
Administrative Building.
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