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HomeMy WebLinkAbout01/09/2007 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 9, 2007 — 7:00 p.m. STUDY SESSION - 4:00 p.m. - 5:26 p.m. A. RECESSED AND RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner C. CLOSED SESSION REPORT - Mayor Rosansky reported that during closed session the City Council reviewed the possible purchase by the City of the tennis court property on Pacific Coast Highway. Subsequent, to earlier indications the property owners said they were no longer interested in selling the property to the City. As a result, the City will no longer consider purchase of the property and the City will not attempt a taking of the property by eminent domain or any other means. D. PLEDGE OF ALLEGIANCE - Council Member Gardner E. INVOCATION - Jim de Boom, Newport Mesa Irvine Interfaith Council F. PRESENTATIONS Presentation by Marian Bergeson to Raise Money for the Corona del Mar Pool - Marian Bergeson presented a progress report on the $750,000 refurbishing efforts for the Marian Bergeson pool at Corona del Mar High School. She thanked school officials, staff and Council Members for their assistance and cooperation. Subject to confirmation by the school district, the target start date is March 2007 and completion is anticipated by early May 2007. To date CdM Community Aquatics Facilities Foundation (CCAF) has received more than $100,000 in cash donations as well as significant pledges. Other fundraising outreach efforts and events are underway. If the Newport -Mesa Unified School District approves additional funding as anticipated, the challenge will have been met. Recognition of Work Done by Marian Bergeson on Sunset Ridge Park - Mayor Rosansky presented a special recognition plaque to Marian Bergeson for her help in acquiring the 15 -acre Sunset Ridge Park property for the City. Declaration of Tsunamilteady City by the National Weather Service - Jim Purpura, Meteorologist, San Diego National Weather Service Forecast Office, presented a Certificate of storm -ready and tsunami -ready jurisdiction recognition to the City. The jurisdiction recognition status continues through September 8, 2009 during which time the City is authorized to use the storm -ready and tsunami -ready logo on its letterhead and other Volume 58 - Page 5 City of Newport Beach City Council Minutes January 9, 2007 suitable documents. Chief Lewis acknowledged the City's outstanding accomplishment in attaining the jurisdiction recognition, a recognition afforded few municipalities in southern California. Information about the tsunami plan is available on the City's website. The first Tsunami workshop is scheduled for January 16, 2007 at 6:00 p.m. in City Hall. Council Member Gardner encouraged extensive public outreach. Restaurant Week Presentation - Peggy Fort, on behalf of the Newport Restaurant Association announced the first "Newport Restaurant Week" from January 21 through January 25 supported by 75 local restaurants. She invited public support and participation. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON - DISCUSSION ITEM): Council Member Gardner asked that a report on the progress of the Balboa Theater Arts Foundation be placed on the agenda. Council Member Daigle thanked her colleagues for supporting the Corona del Mar pool. She announced that due to residents' concerns about beach activities spilling over into residential areas the City would hold a study session and public forum on January 23 at 4:00 p.m. Council Member Webb asked for an update on implementation of a crossing guard at Mariners School. Council Member Curry reported that while in Washington D.C. he visited the offices of Congressmen John Campbell and Senator Dianne Feinstein and was assured that they were dedicated to procuring additional appropriations for the City's efforts in dredging the bay. Council Member Curry said he was concerned about vehicles for sale on Old Ford Road and asked that the City Manager sign the turnout for two-hour parking to help mitigate the problem. Mayor Rosansky said he was pleased to serve as starter last Sunday for the Orange County Marathon involving approximately 13,000 participants. He reminded residents that they could participate in the ongoing fundraising effort for the Centennial Memorial. Individuals interested in participating are invited to call City Hall. I. CONSENT CALENDAR READING OF MINUTESDRUCKANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING OF DECEMBER 11, 2006, AND THE REGULAR MEETING OF DECEMBER 12, 2006.1100 -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 Volume 58 - Page 6 City of Newport Beach City Council Minutes January 9, 2007 title only. ORDINANCE FOR ADOPTION 3. DAY CARE REGULATIONS (PA 2006 -211) - CODE AMENDMENT NO. 2006- 007 - TO REVISE THE LAND USE REGULATIONS TO DISTINGUISH DAY CARE CENTERS FOR CHILDREN AND THOSE FOR ADULTS AND ESTABLISH SPACING, CONCENTRATION, PARKING, AND OPERATIONAL STANDARDS FOR LARGE FAMILY CHILD CARE HOMES. 1100 -20071 Adopt Ordinance No. 2006 -27 approving Code Amendment No. 2006 -007. RESOL UTION FOR ADOPTION 4. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2007 UNDER THE CITY'S CONFLICT OF INTEREST CODE. 1100 -20071 Adopt Resolution No. 2007 -1 adopting the 2007 Designated Employees List. MISCELLANEOUS 6. APPOINTMENT OF JOHN MOFTAKHAR TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE. [100 -20071 Appoint John Moftakhar to the Environmental Quality Affairs Committee (EQAC). 515. RESOLUTION 2007 -4 RELATING TO THE FORMATION OF THE BAY ISSUES COMMITTEE (A CITY COUNCIL AD HOC COMMITTEE). [100 -20071 1) Adopt Resolution 2007 -4 forming the Bay Issues Committee (a City Council Ad Hoc Committee); and 2) confirm the Mayor's appointments of Council Members Selich, Daigle, and Gardner to the Committee. 516. PROPOSED CITY COUNCIL AIRPORT LIAISON COMMITTEE. 1100-20071 Continue item. Motion by Mayor Pro Tem Selich to approve the Consent Calendar, except for those items removed (5, 7 and 8) and the continuance of Item S16. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner J. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. APPOINTMENTS BY THE MAYOR TO THE COUNCILICITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. 1100 -20071 Mayor Rosansky requested two corrections: Item #1P - the Marina Park Committee sunsetted and he asked that it be deleted from committee appointments. Council Member Webb recalled that Council extended the committee beyond the one -year timeframe and felt that because the design had not been completed it would be beneficial to maintain the committee until completion of the project. Mayor Pro Tem Selich believed that in lieu of the ad hoc committee a new three- Volume 58 - Page 7 City of Newport Beach City Council Minutes January 9, 2007 member committee was appointed to work on the project Assistant City Manager Kiff clarified the committee as previously stated by Mayor Rosansky. Mayor Rosansky asked for a change on Item V to remove his name and offered that Council Member Gardner should serve as Chair of the committee. Dolores Otting felt that public outreach was important and asked what committees were open to the public and which were not. City Attorney Clauson suggested that when committees are posted the list would indicate which committees were subject to the Brown Act and which were not. Motion by Mayor Pro Tem Selich to confirm the appointments outlined in the staff report as amended. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Henn, Council Member Gardner ACCEPT ASSISTANCE TO FIREFIGHTERS GRANT AWARD. (100 -20071 Dolores Otting verified with Council that the amount of matching funds was $55,476. She asked if the City could use any of the funds for purchasing a siren warning system. Motion by Mayor Pro Tem Selich to 1) accept the Department of Homeland Security Fire Administration Assistance to Firefighters Grant for $221,904 in funding for Fire Operations and Firefighter Safety; and 2) approve a budget amendment (07BA -037) increasing revenue estimates by $221,904 in 2320 -48941 and increasing expenditure appropriations in 2320 -9032 by $277,380 which includes $55,476 from the General Fund unappropriated fund balance for the required 25% matching fund. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Henn, Council Member Gardner 8. PRELIMINARY DESIGN ANALYSIS FOR COMPRESSED NATURAL GAS (CNG) FLEET MAINTENANCE SHOP. 1100-20071 Dolores Otting was concerned about the potential for explosion of the propane gas. She was also concerned about the fact that this facility would be open to any and all persons because there was no entry screening process. In the event of an explosion the City would lose two of its evacuation routes, Newport Boulevard and Superior. If the City feels compelled to move forward with this project the City Council should consider that newer types of diesel fuels are being developed by Mercedes. The City has diesel trucks and if the City used only transfer vehicles to run trash to Stanton the City could cut back on maintenance, save money on tires, mileage, maintenance, etc. and would not have to turn over the regular pickup vehicles as often. She said Volume 58 - Page 8 City of Newport Beach City Council Minutes January 9, 2007 her main concern was about health and safety issues with respect to the emergency preparedness plan because the facility is located adjacent to a convalescent home and hospitals. Motion by Council Member Webb to receive and file. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Henn, Council Member Gardner K. PUBLIC HEARING 9. KOLL CENTER NEWPORT BEACH - 4450 MACARTHUR BOULEVARD - GENERAL PLAN AMENDMENT NO. 2006 -003 (PA2006 -095) - A GENERAL PLAN AMENDMENT TO INCREASE THE TOTAL GROSS AREA OF GENERAL OFFICE IN ANOMALY SITE 1 OF THE AIRPORT AREA (STATISTICAL AREA L4) OF THE LAND USE ELEMENT BY 24,016 GROSS SQUARE FEET. 1100-20071 Interim Planning Director Lepo reported that this was a proposal by Koll Center Newport Beach to allow them to build a 21,000 square foot office center after adding 24,016 gross square feet of allowable building area to the statistical area of the general plan. He stated that there are no additional impacts on the project as a result of this proposal. A Negative Declaration was adopted in September and the Planning Commission recommended City Council approval in October. Council Member Gardner said she reviewed the minutes of the meeting during which this issue was approved and had questions because there seemed to be no discussion. When she read the September 6, 2006 Planning Commission minutes they indicated there was an intent to reduce land use elements. She is confused that staff says it was always intended and that it was an oversight. City Attorney Clauson responded that the original resolution indicated there was intent to make some reductions in square footage and floor area but not below the amount authorized in the Planned Community text on this particular parcel. Staff determined that the applicant could not preclude moving forward with a General Plan amendment. Assistant City Manager Wood explained to Council Member Daigle that it appeared the PC text had been amended to provide this amount of development. It would have been preferable had the amendment been included in the current General Plan but neither staff nor the applicant remembered to do so which necessitates tonight's approval. Council Member Gardner had issues with certain mitigation measures. She requested that Measure 3.16 -1 include "smart controllers" and that Measure 3.16 -2 be "zero" Interim Planning Director Lepo pointed out that the Mitigated Negative Declaration was adopted in October 2006. Council Member Gardner asked that her recommendations be considered to comply with the City's direction. Interim Planning Director Lepo recommended that staff be directed to re- advertise the Public Hearing before changes were considered. Volume 58 - Page 9 City of Newport Beach City Council Minutes January 9, 2007 Council Member Webb asked if the City could direct staff to write a letter to the applicant asking for compliance and Interim Planning Director Lepo responded affirmatively. Mayor Rosansky opened the public hearing. Carol McDermott, representing the Koll Company, agreed with staffs presentation and indicated that Koll Company would be happy to use the smart controllers. With respect to changes in the purview of services because this is part of a large master planned community and the addition connects to a large paved area it would be difficult to accomplish without being inconsistent to the rest of the community. With regard to the sprinkler system, Ms. McDermott stated that Koll Company would be happy to comply with Council Member Gardner's request. She respectfully requested Council approval of the application. Mayor Rosansky closed the public hearing. Motion by Council Member Curry to adopt Resolution No. 2007 -2 approving General Plan Amendment No. 2006 -003 and adopting Mitigated Negative Declaration (SCH No. 2006 - 081039); and, direct staff to send a letter to the applicant asking for compliance with proposed mitigation measures. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Henn, Council Member Gardner L. PUBLIC COMMENTS Arnie Pike appeared before Council to again ask the City to address the ADA requirement for parking. He said that if the City did not comply with the ADA parking requirements he would take the City to Court in order to ensure compliance. He asked if it was appropriate to submit a claim to the City at tonight's meeting. City Attorney Clauson said she would accept the claim and that it would be date - stamped tomorrow. Mayor Rosansky responded that it was not the City's intent to be handicapped- unfriendly and that he could not explain staffs responses. Dolores Otting said she was under the impression that the City would have to conduct public outreach prior to receiving the storm -ready and tsunami -ready recognition and named several groups that had not had presentations by either the National Weather Service or the Fire Department. She asked how the department would respond to a disaster and how they would evacuate 300 plus students at Newport Elementary School. M ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tem Selich announced that the General Plan Implementation Committee would meet in the Council Chambers Conference Room on January 17 at 3:30 p.m. Council Member Daigle reported that SCAG issued its housing allocation report. The committee felt that the City's allocation was high and that staff would be offering testimony to SCAG on Thursday and would follow up with the appeals process. Volume 58 - Page 10 City of Newport Beach City Council Minutes January 9, 2007 N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 10. PLANNING COMMISSION AGENDA FOR JANUARY 4,2007.1100-20071 Interim Planning Director Lepo reported on the following Planning Commission items: Thirty First Street, LLC (PA2006 -031) - 407, 409, 411 & 413 ,31st Street; Newport Beach Brewing Company (PA2006 -177) - 2920 Newport Boulevard; McCloskey Residence (PA2006 -046) - 212 Crystal Avenue; Zov's Bistro (PA2006 -193) - 21123 Newport Coast Drive; Code Amendment 2006 -08 - Appeal Procedures (PA2006 -257); General Plan Implementation (PA2006 -277) - Resolution establishing Interim Development Review; and, General Plan/LCP Implementation Committee appointments. O. CONTINUED BUSINESS 11. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. 1100-20071 Mayor Rosansky announced that the committee nominated Tim Stoaks and Bradley Hillgren to be considered as Planning Commissioner. Motion by Council Member Webb to confirm the nomination of Timothy Stoaks and Bradley Hillgren to fill the unscheduled vacancy as a result of the election of Michael Henn to the City Council. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Henn, Council Member Gardner 12. BIG CANYON COUNTRY CLUB (PA2006 -160), 1 BIG CANYON DRIVE - GENERAL PLAN AMENDMENT TO INCREASE THE MAXIMUM ALLOWABLE DEVELOPMENT OF SUB -AREA 17 (BIG CANYON COUNTRY CLUB) OF STATISTICAL AREA L -2 OF THE LAND USE ELEMENT OF THE CITY'S GENERAL PLAN TO ALLOW AN ADDITIONAL 10,000 SQUARE FEET OF FLOOR AREA. 1100-20071 Motion by Mayor Pro Tem Selich to remove the item from the calendar at the request of the applicant. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Henn, Council Member Gardner 13. PLANNING DEPARTMENT STAFFING AND ORGANIZATION. 1100-20071 Assistant City Manager Wood reported that this item was presented to the Council as a follow up to the evaluation of the Development Review and Plan Check process study that Council received in September. One of the more significant problems was the timeliness of plan check and presentation of items to the Planning Commission. Staffs goal is a four -week turnaround for the first round of comments, a goal generally being met by the Building Department and Public Works Department, not the Planning Department. Staff found that the workload and complexity of projects Volume 58 - Page 11 City of Newport Beach City Council Minutes January 9, 2007 presented to the Planning Department over the past six years has increased. Unfortunately, the Planning staff has not grown at a rate sufficient to keep up with the workload. Interim Planning Director Lepo has instituted interim changes that have helped reduce the backlog in plan check. However, the changes will not be a long -term solution. Therefore, staff is recommending the addition of four new planning positions, three in Plan Check and Zoning administrator function, two Assistant Planners and one Planning Technician, and one Associate Planner in the current planning section for a total cost in the remaining fiscal year estimated to be about $139,000. Other changes contemplated to assist with public service are more counter staff and more integration of assignments. In order to address coordination issues for development review the City Manager has decided that Assistant City Manager Wood will supervise the Building and Planning Departments. In addition, staff has obtained vendor proposals for document imaging estimated to cost the City approximately $149,000 plus staff time with the cost to be spread over three - years. Therefore, staff is recommending $50,000 for the first budget amendment to cover the cost of the first phase. Mayor Pro Tem. Selich asked what percentage of time the new positions would spend on plan checking. Assistant City Manager Wood estimated about half of the time for the full time plan check and zoning administrator positions and less time for the case processing. Council Member Daigle asked about the net gain effect in plan check and Assistant City Manager Wood responded that changes would result in existing staff doing plan check on their own projects. Also, assignments can be adjusted as the plan unfolds. Assistant City Manager Wood responded to Council Member Curry that once individuals were trained it would provide a more experienced counter staff to answer routine questions allowing for less interruption to planners. Council Member Henn asked why the City waited so long to increase staff capability. Assistant City Manager said that initially staff felt that the increase in development was more temporary and over time it became a matter of finding time to do the necessary analysis to justify additional staff. City Manager Bludau pointed out that staff was also caught up in the General Plan effort. Council Member Henn asked if staff intended to present a more in -depth report to Council about other restructuring and Assistant City Manager Wood responded in the affirmative. Assistant City Manager Wood said she did not foresee a reduction in staff, rather, implementation of a more effective operation with respect to customer service. Assistant City Manager Wood explained the fee system to Council Member Daigle. She further explained that according to staff proposals are most often submitted incomplete. Staff will have checklists available and a staff person will screen applications to see that they are complete before entering them into the system and staff will no longer accept incomplete applications. City Manager Bludau stated that staff would come back to Council with a set of complete procedures once they were finalized. Motion by Mayor Pro Tem Selich to 1) approve the addition of four positions in the Planning Department: one Associate Planner, two Assistant Planners, and one Planning Technician; and 2) approve a budget amendment (07BA -036) transferring $189,025 from unappropriated General Fund reserve to the Planning Department Volume 68 - Page 12 City of Newport Beach City Council Minutes January 9, 2007 III budget, as follows: a) $128,125 to 2710 -7000 Salaries b) $10,900 to 2710 -9000 Office Equipment for additional staff c) $50,000 to 2710 -8080 Professional and Technical Services for document imaging The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Henn, Council Member Gardner 14. GENERAL PLAN IMPLEMENTATION (PA2006 -277) - RESOLUTION ESTABLISHING INTERIM DEVELOPMENT REVIEW PROCESS. (681100- 2007] Senior Planner Ramirez stated that before Council this evening was a draft resolution providing interim Development Review procedures as a result of the General Plan's adoption and approval by the voters in November 2006. The resolution requires all developments and uses to be consistent with the General Plan including Floor Area Ratio (FAR), Densities and all General Plan policies applicable to property with two exceptions: 1) projects that received discretionary approval prior to November 7, 2006 and 2) single -unit and two -unit developments with completed applications into plan check prior to April 1, 2007. The resolution establishes legislative procedures for review of developments and uses allowed by and consistent with the General Plan and inconsistent with the current Zoning Code. Planned Community Districts are exempt from this procedure. In response to Mayor Pro Tem Selich, Senior Planner Ramirez addressed three concerns expressed by the Planning Commission. With respect to the conforming status of projects, he cited examples of why staff believes that it may be more appropriate to address such issues during the process of updating the City's Zoning Code. Mayor Pro Tem Selich hoped staff would move forward to establish zoning regulations and implement the General Plan concurrently with the Zoning Code to avoid non - conforming projects. Regarding the height limits, three Commissioners felt that all projects should be considered for varying heights and staff recommended that all project should be subject to the new code. Regarding Development Agreements, the procedures allow for City Council discretion and one or two of the Commissioners were concerned that the applicant might be stuck with an application or agreement that had been in process for some time. Staff felt a committee made up of staff, Planning Commissioners and City Council Members could look at projects as they were submitted and determine whether they might be appropriate for Development Agreements. Council Member Henn asked why the Planning Commission was concerned about staff recommending a resolution and interim overlay rather than an emergency ordinance. City Attorney Clauson explained that the resolution is an interim implementation procedure and not an ordinance that enacts regulations.. General Plans are adopted by resolution, the implementation process was adopted by resolution and this is a procedure devised by staff using existing ordinances and regulations to allow applicants that choose not to wait until a new Zoning Ordinance is amended to start processing projects. She said it was her opinion that this was a Volume 58 - Page 13 City of Newport Beach City Council Minutes January 9, 2007 perfectly legal and appropriate mechanism for establishing this interim process Motion by Mayor Pro Tern Selich to adopt Resolution No. 2007 -3 adopting an Interim Development Review Process during the Comprehensive Revision of the Zoning Code. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Henn, Council Member Gardner Q. MOTION FOR RECONSIDERATION - None R. ADJOURNMENT - 8:58 p.m. The agenda for the Adjourned Regular Meeting was posted on January 8, 2007, at 8:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. An amended Adjourned Regular meeting agenda was posted on January 4, 2007 at 9:15 a.m. The supplemental agenda for the Regular Meeting was posted on January 5, 2007, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. I City Clerk Recording Secretary Volume 58 - Page 14