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HomeMy WebLinkAbout08/14/2007 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 14, 2007 — 7:00 p.nL I. STUDY SESSION - 4:00 p.m II. CLOSED SESSION III. RECESS IV. RECONVENED AT 7_00_P,M._FOR REGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Daigle, Council Member Gardner Excused: Council Member Webb VI. CLOSED SESSION REPORT_. City Attorney Clauson reported that Council met to discuss the potential for acquiring, by lease, property at 500 Newport Center Drive. The negotiating parties included Dan Miller of The Irvine Company, Mayor Rosansky, and Mayor Pro Tern Selich. Mayor Rosansky reportedthat_ in conjunction with the development agreement for Newport Center, The Irvine Company has offered the City a 99 year lease at 500 Newport Center Drive. Council has authorized the negotiating committee of Mayor Rosansky and Mayor Pro Tern Selich to continue negotiating with The Irvine Company on the precise location, size, shape, andterms of conveyance, andto retain an appraiser to value the proposed site. He reported thatCouncil's votewas unanimous. CityAttorney added that Council Member Webb participated in the closed session meeting via teleconference. VII. PLEDGE OF ALLEGIANCE - Council Member Curry VIII. INVOCATION -Reverend Tim McCalmont, Presbyterian Church of the Covenant D:. PRESENTATIONS Proclamation Honoring Disneyland Scholarship Recipient - Disneyland Resort Ambassador Adonis Reeves presented a scholarship to Evan Clark. Mayor Rosansky read the proclamation and presented it to Evan Clark. X NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR__..MATTERS WHICH COUNCIL MEMBERS WOULD LIKE_PLACED ON A FUTURE AGENDA_. FOR, -DISCUSSION. ACTION OR REPOR.T._VNON_DISCU_SSION ITEM): Council Member Gardner stated that there will be two meetings at the Corona del Mar Library Branch on August 27th from 9:00 a.m. - 11:00 a.m. and 6:00 p.m. - 5:00 p.m. to discuss the closure Volume 58 - Page 241 City of Newport Beach City Council Minutes August 14, 2007 of the branch. Following a presentation, the public will have a chance to ask questions or provide comments. Council Member Gardner stated that the League of California Cities sent outs. questionnaire asking if the City would be interested in supporting a 300 foot dispersion rule for group homes. Council Member Daigle stated that she will be representingthe Cityat the League of California Cities conferencein Sacramento and will be casting a vote on behalf ofthe Cityin support of the resolution that will give local governmentdistancing authority over all group homes. Council Member Gardner asked about the energy audit and requested a report on pros and cons of one -way streets. Council Member Henn requested a staff report that revises the City's Building Code penalties for unpermitted construction of illegal dwelling units. He also asked that staff look into increasing fines and requiring abatement. Council Member Curry stated that the debate over using Newport Center Park as a potential City Hall site has exposed both strong and passionate feelings on both sides of the issue. He indicated that, to the extent that his contributions to the debate have failed to meet this standard, he offered his apology to the community and pledged to try to do better. Council Member Curry discussed the growing cost of public employee pensions and suggested having a charter amendment that would require a vote of the people to increase publicly- funded pension benefits. He requested that the issue be referred to the Finance Committee for review, including the consideration of appropriate language and fiscal impact, and to receive public input from residences, businesses, employees, and City management. He reported that his goal is to have a charter amendment prepared for the 2008 election. XII. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JULY 24, 2007 (100 - 20071. Waive reading of subject minutes, approve as written 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. RESOLUTIONS F_O_ R ADOPTION C. CONTRACTS AND AGREEMENTS 6. BUCK GULLY SEWER FORCE MAIN RELOCATION - AWARD OF CONTRACT (C- 3803). 1381100 -20071 a) Approve the plans and specifications; b) award the contract (C -3803) to Mike Prlich & Sons, Inc. for the total bid price of $274,633, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $27,000 (10%) to cover the cost of unforeseen work. 6. POLICE FACILITY PERIMETER SECURITY FENCE - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3861). (381100 -20071 a) Accept the work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Volume 58 - Page 242 City of Newport Beach City Council Minutes August 14, 2007 Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance bond one year after City Council acceptance. RELEASE OF SURETY FOR OFF -SITE PUBLIC IMPROVEMENTS COMPLETED ON 15TH STREET FOR TRACT NO. 16468 (ONE NAUTICAL MILE). [381100 -2007] a) Accept the off -site public and private improvements constructed as Tract No. 16468 per conditions of approval; and b) authorize the City Clerk to release Faithful Performance Bond No. 104304075 in the amount of $135,000 for public improvements along 15th Street. 8. ADVANCED BUILDING MAINTENANCE AGREEMENT (C- 3982). [381100- 2007] Approve the contract for janitorial services with Advanced Building Maintenance. D. MISCELLANEOUS 9. ACCESSORY OUTDOOR DINING PERMIT NO. 2007 -001 - 333 BAYSIDE DRIVE (PA2007 -004). [100 -2007] Take no action on the appeal. 10. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE (EDC) TO FILL AN EDC VACANCIES. [100 -2007] Fill current Economic Development Committee vacancy by appointing F. M. (Fred) Ameri as the Building Industry Association (BIA) representative. 12. NEWPORT COAST COMMUNITY CENTER AUDIO VISUAL EQUIPMENT. [100 -2007] Authorize the City Manager to use a portion of the Newport Coast Community Center (NCCC) FF &E account to purchase audio visual equipment as specified in the Equipment List Specifications in an amount not to exceed $115,000. 13. ACCEPT OFFICE OF TRAFFIC SAFETY (OTS) GRANT AND INCREASE STAFFING BY ONE POLICE OFFICER. [100 -2007] Accept grant funding from the Office of Traffic Safety (OTS) in the amount of $532,000, which funds additional equipment, overtime, and one additional full-time Police Officer position, effective October 1, 2007, for the purpose of enforcing Driving Under the Influence (DUI) violations and other traffic - related offenses as outlined in Grant No. PT0802. 14. WEST SANTA ANA HEIGHTS ANNEXATION UPDATE. [100 -2007] Receive and file. 15. BUDGET AMENDMENT FOR PROFESSIONAL LEGAL SERVICES FOR EELGRASS ISSUES IN LOWER NEWPORT BAY. [100 -2007] Approve a budget amendment (08BA -008) transferring $165,000 from General Fund unappropriated reserves to the City Attorney's Professional and Technical account 0510.8080. S20. AUTHORIZATION TO ENTER INTO AN MOU WITH SEASONAL LIFEGUARDS (ANBOL) (C- 2058). [100 -2007] Authorize the Mayor to execute a Memorandum of Understanding (MOU) based on the attached Term Sheet between the City and the Association of Newport Beach Ocean Lifeguard (ANBOL). Motion-by Council Member Henn to Motion to add Item S22 (Taste of Newport) to the Volume 58 - Page 243 City of Newport Beach City Council Minutes August 14, 2007 Consent Calendar since the application was received after the agenda was posted and the next Council Meeting isn't until September 11, which will not allow enough time for advertisement of the event. Moved by Council Member Curry, no second required. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Daigle, Council Member Gardner Absent: Council Member Webb 522. TASTE OF NEWPORT BANNERS - APPROVAL OF ENCROACHMENT PERMIT. [100 -20071 Conditionally approve the request of the Newport Beach Chamber of Commerce for the installation of 191 banners, from August 20, 2007, to September 17, 2007, for the annual Taste of Newport. Installation will be along Jamboree Road, MacArthur Boulevard, Westcliff Drive, Coast Highway, and Newport Boulevard. Motion by Mayor Pro. Tern Selich to approve the Consent Calendar, except for the items removed (3, 4, 11 and 15). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Daigle, Council Member Gardner Absent: Council Member Webb )III. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. NEWPORT BEACH BREWING COMPANY, REVIEW OF USE PERMIT NO. 3485, 2920 NEWPORT BOULEVARD (PA2006 -177) (contd. from 7124/07). [100 -20071 Council Member Henn read portions of the previous minutes. He believed that it is no longer necessary to have security every night. He recommended that Provision 22 of the resolution be modified to include full-time security Wednesday through Saturday only. Regarding the Coastal Commission's provision that the Brewing Company must restrict the space devoted to food service during the day, seven days a week, he recommended that, in the event that the Brewing Company complies with the use permit, the City can request a change with the Coastal Commission at a later date based on the continuing performance. Motion by Council Member. Henn to adopt Resolution No. 2007 -57 with a modification to Provision 22 to read, "Full -time security guard shall be posted in the parking lot owned by the Brewing Company after 9:00 p.m. through one -half hour after closing on Wednesday through Saturday nights, and Sunday through Tuesday nights if the nights fall on a holiday or a large crowd is anticipated due to a sporting event or other promotional event at the Brewing Company." Jerry Kolbly, owner of Newport Beach Brewing Company, believed that the Brewing Company is being set up for failure. He noted that his business has decreased since the parking lot issues arose. He stated that he has spent $1,000 /month more in security, moved the line, and changed schedules to accommodate the residents. He stated that he will remain committed to his fundraising efforts and hoped that support from the City will continue for the only brew pub in the City. Regarding Condition 9, Steven Miles stated that the Brewing Company already reports to Volume 58 - Page 244 City of Newport Beach City Council Minutes August 14, 2007 the County and that the City's request for a report is unwarranted. He noted that Condition 6 has been in effect for 14 years. He highlighted the issues that led to Condition 6 in 1993, and stated that there is no evidence to cause the City to change Condition 6 or take away the 1,500 square foot service area before 5 p.m. Bruce Low expressed concern about the security changes and stated that he is disappointed that the Brewing Company is still trying to interpret the Coastal Commission's intent. He stated that the Coastal Commission invited the Brewing Company to file an application so they could hear the issue. He noted that the City offered to restrict the space to induce the Coastal Commission to come up with a Coastal Development Permit. Mayor Rosansky agreed with the applicant that the 1,500 square feet should not be taken away since the problems are with noise and the parking lot. He believed that the security change will help with solving the problem with the neighbors. Regarding Condition 9, he didn't believe that the City should require them to report their liquor and food sales. Substitute motion by Mayor Rosansky to support the changes in Provision 22 and eliminate Condition 6 and portions of Condition 9 that require hourly reporting of liquor and food sales. The substitute motion failed by the following roll call vote: Ayes: Mayor Rosansky Noes: Council Member Henn, Council Member Curry, Mayor Pro Tem. Selich, Council Member Daigle, Council Member Gardner Absent: Council Member Webb Council Member Henn believed that the Brewing Company never had a right to operate as they did and the City did not conduct itself in accordance with what the Coastal Commission intended. With regard to Condition 9, he stated that the use permit was uniquely granted with specific language about being a restaurant. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Council Member Daigle, Council Member Gardner Noes: Mayor Rosansky Absent: Council Member Webb 4. MCFADDEN PLAZA CENTENNIAL MONUMENT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PERIDIAN INTERNATIONAL, INC. (100 -2007] The item was inadvertently removed from the Consent Calendar Volume 58 - Page 245 City of Newport Beach City Council Minutes August 14, 2007 Motion by CounciLMemb_e.r_Curry to a) approve a Professional Services Agreement with Peridian International, Inc. of Newport Beach for the McFadden Plaza Centennial Monument project at a not to exceed price of $35,500 and authorize the Mayor and City Clerk to execute the agreement; and b) approve a budget amendment (08BA -007) increasing revenue estimates in 0129 -5887 by $45,000.00 and increasing expenditure appropriations in 7251- C8002005 by $45,000.00 to cover the costs for design and preparation of an environmental document and application package for a Coastal Development Permit. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Daigle, Council Member Gardner Absent: Council Member Webb 11. MEGAN S LAW REGISTRATION AND MONITORING PROCESS. [100 -2007] Police Chief Klein provided a history of Megan's Law and reviewed the three registration classifications: address (repeat offenders), zip code (serious crimes -no immediate threat), and non - posted (lesser crimes). He reported that the City has three full address registrants and five zip code registrants, which is less than some of the neighboring cities. He explained that, when a registrant moves, they have five days to re- register in the city they moved to. Further, when sex offenders register with the City, a picture is taken of them and their car, and random checks are conducted to confirm that they still reside in the City. He stated that the Police Department also works with parole officers and that a national database gives them the ability to track violators. He reported that the Megan's Law website is linked to the City's website. In response Council Member Curry's question, Police Chief Klein stated that, because the City has such a small number of registrants,they have a good idea of who isin town and registered. In response to Cynthia Koller's question, Mayor Rosansky stated that by law, out -of -state violators have five days to register. Motion by Council Member Curry to receive and file the report. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Daigle, Council Member Gardner Absent: Council Member Webb 15. BUDGET AMENDMENT FOR PROFESSIONAL LEGAL SERVICES FOR EELGRASS ISSUES IN LOWER NEWPORT BAY. (100 -2007] Dolores Otting applauded the City for addressing the eel grass issue. Council Member Gardner explained that the City was concerned that the State had a blanket ruling that had no basis in science, there was no way for them to justify it, and they didn't follow their noticing provisions. Council Member Daigle added that permits will be granted faster with less onerous conditions. Motion by-, Council._ Member_ Henn to approve a budget amendment (08BA -008) transferring $165,000 from General Fund unappropriated reserves to the City Attorney's Volume 58 - Page 246 City of Newport Beach City Council Minutes August 14, 2007 Professional and Technical account 0510 -8080. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Daigle, Council Member Gardner Absent: Council Member Webb XIV. PUBLIC HEARING 16. AERIE (PA2005 -196) - 201 -205 & 207 CARNATION AVENUE AND 101 BAYSIDE PLACE - THE PROJECT CONSISTS OF THE DEMOLITION OF AN EXISTING 14- UNIT APARTMENT BUILDING AND SINGLE - FAMILY RESIDENCE AND THE CONSTRUCTION OF A NEW, 9 -UNIT RESIDENTIAL CONDOMINIUM BUILDING. (100 -2007] Senior Planner Campbell utilized a PowerPoint presentation to display photos of the 1.4 acre site. He explained that the existing 12 unit apartment complex and single family dwelling will be demolished to make way for a nine unit condominium complex. He discussed the applications for the General Plan, Coastal Land Use Plan (CLUP), Zoning Amendments, tract map, and modification permit. He stated that the Planning Commission dealt with the issues of public access and public views which are protected by policies, such as the Predominant Line of Existing Development ( PLOED). He explained that the PLOED is more specific and restrictive than General Plan policies and the methodology used to determined PLOED was calculated by taking a representative block of homes and determining the median of the distance to a reference point. In response to Mayor Rosansky's question, Senior Planner Campbell stated that a resident has the right to build to the PLOED which does not automatically override the CLUP. In response to Council concerns, Senior Planner Campbell stated that the six policies in the CLUP that are related to this project can be reviewed in the Planning Commission's April 5th staff report. In response to Council Member Gardners question, Assistant City Manager Wood stated that the expectation of the CLUP was to conform to the General Plan in regard to land uses more so than in the protection of coastal resources. In response to Council Member Daigle's questions, Senior Planner Campbell stated that Ocean Boulevard has a height limitation and Carnation does not. He also stated that the Planning Commission considered the area to have two separate bluffs. In response to Council Member Henn's question, Senior Planner Campbell stated that, even if Channel Reef was included, it will only move the PLOED down one foot. City Attorney Clauson stated that it is their interpretation that the applicant has a right to develop to the PLOED but they do not have the right to establish where the PLOED is, only the City has that right. She noted that other policies can be considered and modified to lessen the impact on the bluff. Senior Planner Campbell reported that the project includes two parking lifts that will take the cars down to three subterranean parking levels, construction management for the moving of 32,000 yards of soil, and traffic flow for concrete trucks and dirt haulers. He stated that there is a mitigation standard as part of the conditions of approval that requires a detailed construction management plan to minimize construction disruption. He discussed the environmental document and the comment letters that the City has received. Volume 58 - Page 247 City of Newport Beach City Council Minutes August 14, 2007 In response to Council Member Curry's questions, City Attorney Clauson stated that she has not had the opportunity to fully review the Mitigated Negative Declaration (MND)for this project. Senior Planner Campbell stated that the declaration has been available for review forabout 32 days and two drafts were given to the Planning Commission.The document was revised again to include that theapplicantagreed to not buildbeyond the PLOED. In response to Council Member Henn's questions, Senior Planner Campbell stated that the Planning Commission found a reasonable line between the two bluffs and the applicant left the bluff more intact to lessen the impact. In response to Council Member Daigle's questions, Senior Planner Campbell displayed the plans and topography of the units. He stated that there are two ways to get down to the beach and each level is pulled further away from the water. He noted that the project includes elevators and other amenities. In response to Mayor Rosansky's questions, Senior Planner Campbell stated that, as a part of the conditions of approval, the project will include a signaling mechanism to know which elevator to pull in front of. Further the two elevator lifts will rest at street level when not in use. The street level parking lot will hold three guest spaces, and residents will have to let guests inside. He agreed that it is not the most efficient and convenient parking arrangement. City Attorney Clauson clarified that elevator access for vehicles in Newport Beach have currently only been for single family residences. Senior Planner Campbell utilized slides to describe each floor and stated that the new building will be ten feet higher than the existing building but is still consistent with the height limits. City Attorney Clauson reported that the City can't take action on the issue tonight because there is no determination on whether if there is an approvable MND at this time. She explained why her office did not have an opportunity to respond or look at the comments that were raised before the public hearing. In response to Mayor Rosansky's concerns, Senior Planner Campbell stated that staffs PLOED recommendation is 50.7 feet in order to protect public views. He assured Council that the project is consistent with minimizing the impact to public coastal views if it is built within the PLOED. City Attorney Clauson stated that Council will first need to determine the PLOED and then look at other policies to minimize the impact. She stated that it is up to Council to determine if they want to give guidance at this time, but she's not in the position to advise Council on the MND. In response to Council questions, Senior Planner Campbell stated that staff is asking for guidance from Council to help decidethe PLOED for this project. Mayor Pro Tem Selich believed that the PLOED should be used as a factor along with other factors, and should not dominate the approval. City Attorney Clauson stated that an ideal situation is that the PLOED is determined prior to designing projects. She added that Council is free to determine the PLOED. In response to Council Member Curry's question, Senior Planner Campbell stated that the applicant made adjustments to protect and preserve the bluff. He reported that there is no Volume 58 - Page 248 City of Newport Beach City Council Minutes August 14, 2007 set calculation to determine the PLOED and the Planning Commission did look at the MacIntosh house on Ocean Boulevard to help determine the PLOED. Rick Julian, applicant, stated that he has been working on the project for over four and a half years, changed the project to not go down as far on the bluff, created a 50% increase in view on the corner of Ocean Boulevard and Carnation Avenue, kept a large portion of the project at single height to maintain residential views, and windows were limited on the south side for the neighbor's privacy. He reported that the actual building footprint is only 1,400 sq. feet larger than the existing building, the project can accommodate 32 cars, two golf carts and three extra public spaces on Carnation, and the building is state -of -the -art for environmental purposes. He believed that benefits include public views, increased City tax rolls, and reduced traffic by going from 12 to nine units. He extended an invitation to residents to come to him with concerns. He stated that, on May 17, six Planning Commissioners voted and found that the AERIE Project was in full conformance with the CLUP and recommended that Council approve the project. He added that he has continued to listen to the residents and has proposed to move the project back even more to please the neighbors. Brion Jeannette, project architect, utilized a PowerPoint presentation. He discussed his solution and showed the aerial view of theproposed building outline, public view from Carnation and Ocean Boulevard, categorical exclusion zone, setbacks, shore cliffs, and photos of the bluffs since 1908. He stated that each unit will be approximately 5,000 square feet and, of the 32 parking spaces, only 18 are serviced by the elevators which have an automated parking system with lights and signals. He reported that the Planning Commission approved the original plan but the applicant moved the building back nine feet, which is substantially less than what the current code allows. In response to Mayor Pro Tem Selich's questions, Mr. Jeannette stated that the AERIE project can be taken to the Coastal Commission for their review, but they would not want access to the beach from this site because it is dangerous. Council Member Gardner believed that the project is not living up to the CLUP and General Plan. She suggested that Council not approve this project because Ocean Boulevard should not be included when determining the PLOED. Motion by Council Member Curry to continue the item. Marco Gonzalez, attorney from Coast Law Group, displayed a PowerPoint presentation to show CEQA fundamentals that need to be considered. He talked about the Coastal Act Fundamentals that included rules from statute and case law. He believed that the MND violates CEQA and that the Coastal Commission will not approve this development. Tim Paone, counsel for the applicant, stated that they will provide communication on the issues assuming there is a continuance. Bud Rasner stated that he lives within 100 feet of the project and supports it. He commended the Planning Commission on their due diligence. He believed that approving the application is necessary and will not adversely affect public welfare. Ross Billings believed that the AERIE project is a bit much. Jeff Beck believed that the Planning Commission overlooked the horizontal and vertical lines of development and that the project is in violation of PLOED. Mr. Mahadi stated that the bluff has to be protected. He feels that things can go wrong Volume 58 - Page 249 City of Newport Beach City Council Minutes August 14, 2007 during the excavation and hopes that Council limits the amount of building on the bluff Bill Varon stated that he supports the AERIE project because he doesn't want to see another building that would take away every square inch of dirt and air. He stated that he appreciated that the project will open up views. Kent Moore expressed support for the project and took issue with some of the tactics that neighbors are taking. He believed that this project will end up being one of the most magnificent and admired projects in the City. Richard Casper expressed concern with the welfare of the community and believed that more attention should be spent on the infrastructure of Newport Beach and not on building projects. John Martin stated that, while reading through the MND, he came up with 31 items he felt were potentially significant impacts and expressed support for the direction Council is taking. He believed that the destruction of the natural slope is being overlooked and recommended that Council require an environmental impact report. He expressed concern for cave -ins while grading. He believed that the parking plan is not convenient, the streets will be impacted, and more examination and information is needed before approving the project. Doug Snyder expressed support for the project and believed it meets all of the zoning codes. Brian Boyle commended the project and believed that it adds to the community. Francois Badeau commended Mr. Julian for meeting with the residents to ask for their input and believed that the area will be much nicer than it is now. Dick Hunsaker expressed support for the project and didn't believe that the construction will be burdensome. John Cummings expressed support forthe project and believed that it is well thought out. Rob Piatti stated that the PLOED can cause a greater bluff loss and believed the project is out of scale for the area. He added that the two to four years of construction will impact the neighborhood which already has traffic problems. Further, parking is already a concern and the project will only add to the problem. Marilyn Beck expressed opposition to the project because it is massive for the neighborhood. Dolores Otting stated that, if the Planning Commission meetings were on the web or televised, the project would not continuously be postponed. She noted that EQAC did not have the opportunity to comment on the last MND. She explained EQAC's role in the PLOED and stated that the minutes and the report of the Planning Commission meeting differ. She emphasized that the PLOED needs to be established. Ann Donahue Lampton believed that Mr. Julian has addressed the issues in the neighborhood, but her concern is the height of the project because it will obstruct the views of residents on Ocean Boulevard. Dr. Jan Vandersloot expressed opposition to the project because it is inconsistent with the Coastal Act, CLUP and General Plan. He believed that the Coastal Commission will not approve the project because the applicant wants to go up in height and down on the bluff. Volume 58 - Page 250 City of Newport Beach City Council Minutes August 14, 2007 He encouraged Council to define the PLOED to be 52 feet above sea level. He hoped that Council will pay attention to the coastal bluff, public views, and public access. Dick Nichols stated that the project will enhance the views and that homes are being built on the bluff in other areas. He emphasized that Mr. Julian has compromised and worked with the neighbors. David Kovac expressed the opinion that the PLOED should have been determined prior to the design of the project. Mayor Pro Tem Selich stated that the Implementation Committee on the LCP will be recommending that the PLOED be determined on all properties and believed that direction should be given to Mr. Julian prior to sending the project back to the Planning Commission. He believed that the PLOED is the maximum limit of where to build and the other policies in the CLUP and General Plan take precedence over the PLOED. Further, the structure is not m scale with the neighborhood and the project excessively alters the bluff. He indicated that he will accept the City Attorney's and staffs interpretation regarding the PLOED at this time. He stated that he wants any new structure to stay within the footprint of the existing height limits. He asked that the applicant come back with a structure that is reasonable within the scale of the existing development, and does not result in an excessive alteration to the bluff. Council Member Curry agreed with Mayor Pro Tem Selich, but believed that the project should be continued to allow the applicant time to change some of the design elements and bring them back to Council. He believed that the MacIntosh residence is the logical reference point to establish the PLOED for this project; however, he feels that Council owes the applicant a definitive position on the PLOED. Council Member Henn stated that,if there is a lower height at the top of the project to allow for more viewings, the project should be allowed to use more of the bluff. However, this project wants to go higher in height and lower on the bluff. He recommended setting the PLOED at a higher limit. Council Member Daigle stated that there are adopted policies on visual quality and scale, and feels that Council should uphold the policies. She agreed that the project should be taken back to the Planning Commission because it's too far down the bluff. Mayor Rosansky stated that he would like to send the project back to the Planning Commission, keep the staff recommended PLOED, and exclude Ocean Boulevard from the calculations. Amended motion by Council Member Curry to include Mayor Rosansky's suggestion of accepting the staff recommended PLOED, excluding the Ocean Boulevard property. Mr. Paone stated that, if the PLOED were 52 feet the existing structure couldn't be rebuilt. He reminded Council that the projectis a multi- family site not just a single family dwelling. Council Member Henn believed that it is punitive if the project's PLOED is 50 feet and that Mr. Julian is giving up his height allotment. Council Member Gardner stated that she agrees that there should not be a decision tonight. She invited the applicant to come back with changes. Mayor Pro Tem Selich stated that Council should give the Planning Commissions PLOED Volume 58 - Page 251 City of Newport Beach City Council Minutes August 14, 2007 of 50.7 feet for the applicant to build around. Council Member Curry withdrew his motion. Mr. Jeannette reported that the street climbs to the north and indicated that he would liketo meet with staff and bring the issue back to Council. He stated that he understands that the bluff needs to be protected. Motion by Council. Member_ Daigle to send this issue back to the Planning Commission with the direction to utilize the staff recommended PLOED of 50.7 feet. The motion carried by the following roll call vote: Ayes: Mayor Pro Tem Selich, Mayor Rosansky, Council Member Daigle, Council Member Gardner Noes: Council Member Henn, Council Member Curry Absent: Council Member Webb XV. PUBLIC COMMENTS In response to Dolores Otting's questions, Mayor Rosansky stated that the City Attorney hires outside counsel and trial dates are set by a judge. City Attorney Clauson explained that she is required by the Brown Act to show that they are discussing issues regarding litigation. Dolores Otting reported that she fell on Spyglass Hill Road and wished that the area were cleaned properly. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES -None XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT_ XVIII. 17. PLANNING COMMISSION AGENDA FOR AUGUST 9, 2007. (100 -2007] Planning Commission Director Lepo reported on the following items: Pacific View Memorial Park (PA2006 -282); Knight Appeal (PA2007 -137) - 312 Hazel Drive; Arco Gas Station Convenience Store (PA2007 -059) - 2100 Bristol Street, Screening of Mechanical Equipment(Code Amendment No. 2007- 004)(PA2007 -056) 18. APPROVAL OF TEN YEAR AGREEMENT WITH CR &R INC. TO PROVIDE FULLY AUTOMATED RESIDENTIAL REFUSE COLLECTION SERVICES IN NEWPORT COAST. [100 -2007] General Services Director Harmon stated that the agreement with CR &R has been completed and they will begin servicing Newport Coast on October 1, 2007. He pointed out the changes to the agreement and informed Council that they received the most recent agreement tonight. He reported that the payment to the contractor will be based on the Consumer Price Index (CPI) which holds a cap of 3% per year. In response to Council Member Henn's questions, City Attorney Clauson stated that the contract will be amended to include that, on an annual basis, the increase is to be applied to that year. She confirmed that the example in the agreement is wrong and will lead to wrong conclusions. In response to Mayor Pro Tem Selich's questions, General Services Director Harmon Volume 58 - Page 252 City of Newport Beach City Council Minutes August 14, 2007 stated that Waste Management has a 15% mark up for shareholders, and reported that the only way a fee increase can be granted in the new contractis by CPI, landfill increase, and an increase in recycling fees. However, it is up to Council to approve any increases. In response to Council Member Daigle's questions, General Services Director Harmonstated thatit is up to Council to approve new programs and that, inCR &R'sproposal,they will sort the mixed waste and educate the communities about recycling. He also stated that there will be a survey done prior to the new contract that will set parameters for future performance standards. He also talked about changes to the insurance, termination of the contract, and the time to cure default. He reported that the cost savings will be approximately $200,000 per year. Motion by Council Member Henn to approve the terms of the agreement and award a ten -year agreement with CR &R Inc., through September 30, 2017, to provide fully automated residential refuse collection services in the Newport Coast area. Dean Ruffrage, CR &R, introduced his staff and thanked Council. He stated that his intent is to reduce the amount going to the landfill by adding a considerable amount of commodities. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Daigle, Council Member Gardner Absent: Council Member Webb XIM CUR RENT_BUSINESS 19. APPROVAL OF THE REORGANIZATION PLAN FOR THE PUBLIC WORKS DEPARTMENT. (100 -2007] Public Works Director Badum displayed a PowerPoint presentation to discuss the reorganization of the department and stated that he has employees ready to be promoted. In response to Council Member Daigle's questions, Public Works Director Badum stated that the reorganization allows for project managers to work solely with individual projects. He described how the Principal Engineers will be mid - management, with Associate Engineers and other staff reporting to them when needed. In response to Council Member Henn's question, Public Works Director Badum stated that there are no viable candidates for the Deputy Public Works Director position and that there is a problem with getting more experienced employees. Motion by Council Member Gardner a) approve the proposed Reorganization Plan for the Public Works Department; and b) authorize staff to make the necessary changes to implement the approved Reorganization Plan. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Daigle, Council Member Gardner Absent: Council Member Webb S21. CONFIRMATION AND /OR CLARIFICATION OF RESOLUTION NO. 2007 -55 APPROVING AN AFFORDABLE HOUSING IMPLEMENTATION PLAN AND Volume 58 - Page 253 City of Newport Beach City Council Minutes August 14, 2007 M M MEMORANDUM OF UNDERSTANDING (MOU) FOR THE SANTA BARBARA CONDOMINIUM PROJECT (PA 2004 -169) AND DIRECTING THE USE OF $5 MILLION TO BE PAID PURSUANT TO THE MOU. 1100 -20071 City Attorney Clauson stated that there was an issue raised regarding the adequacy of the agenda item that was on the last agenda. She indicated that the appropriate action was to reagendize the report andhave council reconsider the item under a new motion. Further, she reported that she realized thatone of the conditions needed more clarification relative to the concept of repayment to the Park Fee Fund. She reported that Council can reaffirm the original resolution or adopt the new resolution. Motion by Mayor..Pro_Tern Selich to adopt Resolution No. 2007 -58, deleting Section 3 and rescinding Resolution No. 2007 -55, and schedule a separate discussion of Section 3 on September 11. Dolores Otting stated that the resolution did not make sense and was confusing. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Daigle, Council Member Gardner Absent: Council Member Webb MOTION FOR RECONSIDERATION - None ADJOURNMENT -12:44 a.m. on Wednesday, August 15, 2007 The agenda for the Regular Meeting was posted on August 8, 2007, at 4:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted onAugust 10, 2007, at 1:57 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. J F,, r Recording Secretary Volume 58 - Page 254