HomeMy WebLinkAbout07/22/2008 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
July 22, 2008 — 7:00 p.m.
I. STUDY SESSION - Cancelled
II. CLOSED SESSION - 5:00 p.m
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
VI. CLOSED SESSION REPORT
City Attorney Clauson reported that Council approved a purchase agreement to sell a portion of
City - leased property next to its oil fields to the Orange County Sanitation District so they can
redevelop a new pump station. She discussed the terms of the agreement and reported that the
signed agreement will be available in the City Clerk's office.
VII. PLEDGE.OF ALLEGIANCE - Council Member Henn
VIII. INVOCATION - Pastor John Embree, Newport Harbor Lutheran Church
IX. PRESENTATIONS - None
K NOTICE TO.THE PUBLIC
XI. CITY_ COUNCILL ANNOUNCEMENTS. OR..MATTERS WHICH. COUNCIL MEMBERS
WOULD LIKE. PLACED ON A. _FUTURE AGENDA FOR DISCUSSION, ACTION OR
REPORT(NON- DISCUSSION. ITEM):
Council Member Henn noted that he will be abstaining on Item 8 (Assessment District No. 100)
Council Member Henn announced that the McFadden Square Centennial Legacy sculpture was
unveiled on Monday and thanked everyone involved.
Council Member Henn reported that a forum will be held on July 30 at 7:00 p.m. in the Council
Chambers regarding the group homes issue and the Sober Living by the Sea proposed
settlement.
Mayor Pro Tem Daigle discussed the Governor's Cup and events that took place at the Balboa
Yacht Club. She announced that the Newport Harbor Yacht Club won this year's Governor's
Cup.
Council Member Curry commended Assistant City Manager Kiff for his presentation at Speak
Up Newport regarding group homes issues.
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Council Member Curry announced that the City Arts Commission is holding Concerts in the
Park.
Council Member Curry announced that the Newport Naturalists and Friends will be holding a
Plein Air Art Show and Sale on July 26 at the Muth Center from 6:00 p.m. to 8:00 p.m.
XIL CONSENT.CALENDAR
A. READING OF MINUTES/ORDINANCES AND RESOL UTIONS
1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF
JULY 8, 2008. [100 -20081 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. ORDINANCE.FOR INTRODUCTION
C. RESOLUTIONS FOR ADOPTION
4. PROPOSED ASSESSMENT DISTRICT NO. 99 -2 - AREA GENERALLY
BOUNDED BY BALBOA BOULEVARD AND OCEAN FRONT WEST,
FROM WEST OF 20TH STREET TO 14TH STREET, AND 19TH STREET
BETWEEN NEWPORT CHANNEL AND BALBOA BOULEVARD FOR
UNDERGROUNDING UTILITIES AND DESIGNATION AS AN
UNDERGROUND UTILITIES DISTRICT. [891100 -20081 a) Adopt the
following resolutions for proposed Assessment District No. 99 -2: 1) Resolution
No. 2008 -68 Adopting a Map Showing the Proposed Boundaries of and Making
Appointments for Proposed Assessment District No. 99.2; 2) Resolution No,
2008 -69 Declaring Intention to Order the construction of Certain Improvements
in Proposed Assessment District No. 99.2; Declaring the Improvements to be of
Special Benefit; Describing the District to be Assessed to Pay the Costs and
Expenses Thereof; Providing for the Issuance of Bonds; and to Designate the
Area an Underground Utilities District; and 3) Resolution No. 2008 -70 Giving
Preliminary Approval to the Report of the Assessment Engineer for Assessment
District No. 99.2, Setting a Time and Place for a Public Hearing as September
23, 2008; and Ordering the Initiation of Assessment Ballot Procedures; and b)
approve the Bond Counsel Agreement with Robert Hessell and authorize the
Mayor and the City Clerk to execute the agreement.
5. GENERAL PLAN AMENDMENT INITIATION - SAFETY ELEMENT
(PA2008 -181). 1100 -20081 Adopt Resolution No: 2008 -71 to initiate a General
Plan amendment to the Safety Element to incorporate the Local Hazard
Mitigation Plan (LHMP).
6. TRANSFER OF DEVELOPMENT RIGHTS IN NORTH NEWPORT
CENTER PLANNED COMMUNITY (PA2008 -126). [100 -20081 Adopt
Resolution No. 2008 -72 approving a transfer of development rights in the North
Newport Center Planned Community for 1) the conversion of 72,000 square feet
in Block 500 from City Hall to general office and 2) the transfer of 24,428
square feet of general office from Block 600 to Block 500.
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D. CONTRACTS AND AGREEMENTS
APPROVAL OF AN ON -CALL PROFESSIONAL SERVICES
AGREEMENT FOR PROJECT MANAGEMENT AND CONSTRUCTION
ADMINISTRATION SERVICES WITH TRAKER DEVELOPMENT (C-
4064). 138.1100 -20081 Approve an On -Call Professional Services Agreement
with Traker Development for project management and construction
administration and authorize the Mayor and the City Clerk to execute the
Agreement.
8. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND
ASSESSMENT DISTRICT NO. 100 (AREA BOUNDED BY WEST
BALBOA BOULEVARD, ADAMS STREET, WEST OCEAN FRONT AND
13TH STREET) (C4025). [381891100 -2008] a) Approve a budget amendment
(09BA -003) authorizing an additional advance from the General Fund in the
amount of $77,449.82 to account number 74100 -9812 for Assessment District
No. 100 assessment engineering and pre /post - district formation services; and
b) authorize the Mayor to execute a Professional Services Agreement with
Harris & Associates in an amount not to exceed $99,795.00 for assessment
engineering and pre /post- district formation services. [Council Member Henn
abstained on this item]
9. DOVER DRIVE SIDEWALK IMPROVEMENTS - AWARD OF
CONTRACT (C- 3652). [381100 -2008] a) Approve the project drawings and
specifications; b) award the contract (C -3652) to Peterson -Chase General
Engineering Construction, Inc. for the total bid price of $393,600, and authorize
the Mayor and the City Clerk to execute the contract; and 3) establish an
amount of $39,000 to cover the cost of materials analysis and unforeseen work.
10. TASTE OF NEWPORT BANNERS - APPROVAL OF ENCROACHMENT
PERMIT N2008 -0252. [100 -20081 a) Conditionally approve the request of the
Newport Beach Chamber of Commerce for the installation of 191 banners, from
August 25, 2008 to September 22, 2008, for the annual Taste of Newport
(installation will be along Jamboree Road, MacArthur Boulevard, Westcliff
Drive, Coast Highway and Newport Boulevard); and b) waive City fees
associated with the banners and their installation.
11. APPROVAL OF AN AGREEMENT WITH THE COUNTY OF ORANGE
FOR PARTICIPATION IN STAGE 12 OF THE FEDERAL BEACH
EROSION CONTROL PROJECT (C- 3443). [381100 -20081 Authorize the
Mayor to execute an agreement with the County of Orange for a sand
replenishment project in the Huntington Beach Littoral Cell which covers the
stretch of shoreline between the San Gabriel and the Newport Bay Harbor
Entrance.
12. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENTS WITH DOTY BROS. CONSTRUCTION COMPANY (C-
3881) AND VALVERDE CONSTRUCTION, INC. (C- 3994). [381100 -2008]
a) Approve Amendment No. 1 with Doty Bros. Construction Company, for on-
call underground utility repair services and authorize the Mayor and City
Clerk to execute the Amendment; and b) approve Amendment No. 1 with
Valverde Construction, Inc. for on -call underground utility repair services and
authorize the Mayor and City Clerk to execute the Amendment.
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13. MARINA PARK - PROFESSIONAL SERVICES AGREEMENT WITH
NEWFIELDS LLC FOR BIOLOGICAL, CHEMICAL AND TOXICITY
SAMPLING AND ANALYSIS OF MARINE SEDIMENT /ORGANISMS (C-
4066). [381100 -20081 a) Approve and authorize the Mayor and City Clerk to
execute the professional services agreement with NewFields LLC to conduct
biological, chemical and toxicity sampling and analysis of marine
sediments /organisms, including disposal review /reporting and permitting for
the Marina Park project at a not to exceed price of $114,100.
E. MISCELLANEOUS
14. CONTINUATION OF THE CONSIDERATION TO AWARD THE
CONTRACT FOR LANDSCAPE MAINTENANCE OF CITY PARKS AND
FACILITIES. [100 -20081 Continue the consideration to award the contract
for landscape maintenance of City parks and facilities until August 12, 2008.
15. 2008/2009 CULTURAL ARTS GRANTS. [100 -20081 Approve recommended
recipients for FY 200812009 Cultural Arts Grants as selected by the City Arts
Commission in accordance with City Policy I -12 - Reserve Fund for Culture and
Arts.
16. PURCHASE OF A MODULAR OFFICE TRAILER FOR THE
CORPORATION YARD. 1100 -20081 Authorize the purchase of one 12'x 40'
modular office building from Modular Structures International, Inc. of
Riverside at a cost of $34,034.00.
18. EMERGENCY REPAIR OF OIL PRODUCTION WELL NO. 4. [73/100-
20081 Approve the emergency expenditure of $33,969.33 from the Tidelands
Fund required to repair Oil Production Well No. 4.
19. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT. [100-
20081 a) Approve the response letter to the 2007 -2008 Orange County Grand
Jury Report, "No County for Old Boomers - When Orange County Boomers
Retire, Where Will They Live ?" and b) authorize the Mayor to submit the letter
to the Presiding Judge of the Superior Court pursuant to Penal Code 933.05 (a)
and (b).
20. POSITION RECLASSIFICATION: CODE AND WATER QUALITY
ENFORCEMENT OFFICER TO CODE AND WATER QUALITY
ENFORCEMENT OFFICER, SENIOR. [100 -20081 Approve the City
Manager's recommendation to reclassify a Code & Water Quality Enforcement
Officer position to the new classification of Code & Water Quality Enforcement
Officer, Senior.
21. APPROVAL OF SALARY ADJUSTMENTS FOR MANAGEMENT
ENGINEERS AND DEPUTY BUILDING OFFICIAL. [100 -20081 a)
Increase the salary range for Principal Civil Engineer and Deputy Building
Official classifications by 5 %; b) increase the salary range for the Assistant City
Engineer and City Traffic Engineer classifications by 2.43 %; and c) approve a
budget amendment (09BA -001) transferring $43,466 from the General Fund
Balance: $23,686 to the Building and $19,780 to the Public Works
Departments for salaries and salary - related benefits accounts.
528. APPOINTMENT OF JOAN PENFIL TO ENVIRONMENTAL QUALITY
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AFFAIRS CITIZENS ADVISORY COMMITTEE. [100 -20081 Confirm
Council Member Curry's appointment of Joan Penfil to the District 7 seat on
the Environmental Quality Affairs Citizens Advisory Committee (EQAC).
Motion by Mayor Pro Tem Daigle to approve the Consent Calendar, except for the items
removed (3 & 17), and noting the abstention by Council Member Henn on Item 8.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, Council Member Gardner
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
3. ORDINANCE TO REPEAL CHAPTER 1.30, ELECTION CAMPAIGN
DOCUMENTS, OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC). [100-
20081
In response to Dick Nichols' questions, City Attorney Clauson reported that the item
was not brought forward at the request of any Council Member, but because an
attorney questioned the constitutionality of Chapter 1.30. She added that the City
Clerk has concerns about enforceability.
Council Members Rosansky and Curry noted that they will be abstaining on this item
since they are running for reelection this year.
Motion by. Council Member Webb to a) introduce Ordinance No. 2008 -15 repealing
Chapter 1.30 of the NBMC, and pass to second reading on August 12, 2008; and b)
direct staff to research the constitutional issues raised, the practical enforcement issues
presented by the ordinance, and bring it back for Council discussion and consideration
after the November 2008 election.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tem Daigle, Mayor Selich, Council Member
Webb, Council Member Gardner
Abstain: Council Member Rosansky, Council Member Curry
17. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE
CITY COUNCIL PRIORITIES FOR 2008. [100 -20081
In response to Dick Nichols' question, City Manager Bludau clarified that there are a
total of 12 priorities. He addressed how updates are presented to Council and noted
that the City's webpage regarding priorities is updated regularly.
Motion by Council Member Rosanskv to receive and file.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
XV. PUBLIC. HEARINGS
It was the consensus of Council to consider Items 23 and 24 prior to discussing Item
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22.
23. PROPOSED ASSESSMENT DISTRICT NO. 101 - AN AREA GENERALLY
BOUNDED BY BUENA VISTA BOULEVARD, EDGEWATER AVENUE, ADAMS
STREET, BALBOA BOULEVARD - FOR UNDERGROUNDING UTILITIES AND
DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. (891100 -2008]
Mayor Selich read the procedures for the Assessment District. Junior Civil Engineer
Tauscher provided a staff report.
Mayor Selich opened the public hearing.
Jack Price, speaking on behalf of Sandra Winch, discussed reasons for her opposition
and provided a handout.
Donald Beatty stated that he is opposed to the Assessment District and expressed
concern about the financial burden this places on elderly residents.
Kurt Aanenson expressed opposition and took issue with the criteria discussed in the
staff report.
Hearing no further testimony, Mayor Selich closed the public hearing. He announced
that staff will tabulate the ballots and then Council will take action on this issue when
the results are returned to the Deputy City Clerk.
24. PAVILION'S WINE TASTING APPEAL - 21181 NEWPORT COAST DRIVE -USE
PERMIT NO. 2007 -029 (PA2007 -243) TO ADD A WINE AND BEER TASTING
COUNTER WITHIN AN EXISTING PAVILION'S GROCERY STORE (contd.
from June 10, 2008). [100 -2008]
Assistant Planner Nova provided the staff report and distributed an amended
resolution that changes the LEAD - training requirement (Condition 9) and hours of
operation.
Mayor Selich opened the public hearing.
Beth Aboulafia, Vons representative, described the tasting area and requested that the
language in Condition 9 be amended to not require beverage suppliers to be LEAD -
trained since LEAD- trained Vons employees will be supervising the tastings. She also
requested that Condition 10 be amended to clarify the intent.
Council Member Rosansky suggested that language be included that only allows store
employees and representatives of the beverage supplier to serve beverages during
tastings.
Mayor Selich closed the public hearing.
Motions Council Member Gardner to adopt amended Resolution No. 2008 -74,
approving Use Permit No. 2007 -029 subject to the findings and conditions of approval.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
22. AERIE (PA2005 -196) - 201 -205 & 207 CARNATION AVENUE AND 101 BAYSIDE
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PLACE - THE PROJECT CONSISTS OF THE DEMOLITION OF AN EXISTING
14 -UNIT APARTMENT BUILDING AND SINGLE - FAMILY RESIDENCE AND
THE CONSTRUCTION OF AN 8 -UNIT RESIDENTIAL CONDOMINIUM
BUILDING. [100 -20081
Brion Jeannette, Architect, utilized a PowerPoint presentation to discuss the
Predominant Line of Existing Development (PLOED), visibility levels, project size,
public concerns, landscape plan, zoning map, view issues, bay views, grading, protected
bluff, revegetation, the dock, and parking. He compared the project to the previous
version and to neighboring projects.
Mr. Jeannette responded to questions regarding the emergency exit from the pool/spa
area, the garage system and how queuing will be handled, guest parking, landscaping,
and boat impacts on bluff views. He also explained how the height limit was
determined for this project.
Council Member Gardner noted that the Mitigated Negative Declaration (MND) does
not address how the boats in the dock would block the rocky formations of the cove.
Further, she is unsure if the MND addresses issues relative to biological resources.
Council Member Henn suggested creating a simulation that shows boats in the dock.
Council Member Webb expressed concern about the City evaluating views throughout
the Bay with and without boats.
Senior Planner Campbell reviewed the application and discussed the subdivision map,
the modification permit request, the various subterranean and above -grade
encroachments, and the coastal residential development application. He reported that
findings have been made and noted that a resolution is included with the staff report.
He added that a marine biological assessment was conducted as part of the MND.
Keeton Kreitzer, primary author of the environmental document, indicated that Marine
Biologist Rick Ware determined that there were no significant effects on marine
life, except for eelgrass and the sand dollar, but the MND includes mitigation
measures. He discussed sediment transport and visual impacts, and noted that
simulations of the view corridors are included with the staff report. He believed that
the excavation process would take about 1,800 trips and explained that, even with that
amount of traffic, an Environmental Impact Report (EIR) was not conducted because
the traffic mitigation measures reduced the impacts to less than significant levels.
Jennifer Friend, Selman Breitman, representing the McIntosh and Vallejo residences,
believed that the project is non - conforming, is not in line with the General Plan,
damages 47% of the coastal bluff, does not preserve the character of the neighborhood,
and is incompatible with the residential projects in the area. She took issue that an
EIR was not conducted and took issue with the proposed sand dollar mitigation
measures. She emphasized how, the MND has language which discusses the unique
ecosystem and visual effect the property has, and believed that the applicant has no
vested right to build the project,
Scott Porterfield, Moots Group, utilized a PowerPoint presentation to show how much
excavation will occur, the proposed design, the amount of bluff that might be destroyed,
and an aerial view. He expressed concerns about the potential environmental impacts
and the estimated construction timeline. He believed that this much excavation will
cause bluff failure.
David Lee, David H. Lee & Associates, stated that he conducted a third party review of
the public documents and believed that the project would create substantial impacts
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that should be addressed in an EIR. He expressed concerns about the amount of
excavation, the integrity of the rock mass, deterioration of the bluff, the instability of
the tunnel, and the effects on adjacent properties.
Mayor Selich opened the public hearing.
Mike Millikan took issue with the ad from the Daily Pilot opposing this project.
28. PROPOSED ASSESSMENT DISTRICT NO. 101 - AN AREA GENERALLY
BOUNDED BY BUENA VISTA BOULEVARD, EDGEWATER AVENUE, ADAMS
STREET, BALBOA BOULEVARD - FOR UNDERGROUNDING UTILITIES AND
DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT (Contd.).
Deputy City Clerk Brown announced that 61.97% of the ballots submitted were in favor
of the Assessment District, for a total assessment of $2,054,445.77, and 38.03% of the
ballots were submitted in opposition, for a total assessment of $1,260,755.08.
_Motion-by Council Member Webb to a) adopt Resolution No. 2008 -73 declaring the
results of the ballot tabulation, approving the Assessment Engineer's Report,
confirming the assessment for Assessment District No. 101, ordering the acquisition of
improvements, and designating the area an Underground Utilities District; and b)
approve a budget amendment (09BA -002) for $4,749,060 to provide $4,464,117 for the
design, construction, financing and incidental contingencies, $284,944 to establish a
bond reserve, increase revenue estimates by $4,464,117 and increase expenditure
appropriations by $4,343,872, utilize the difference of $120,245 to reimburse the City
for past assessment engineering and design expenditures related to this District, and
include $164,425 for the related assessment on City -owned properties located at 100
and 110 East Balboa Boulevard.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
22. 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 AN 8 -UNIT RESIDENTIAL CONDOMINIUM
BUILDING (Contd.)
Scott Bergey expressed support for the project and believed that a majority of the
neighbors support the project.
Keith Dawson took issue with the Daily Pilot ad and believed Mr. Jeannette's project is
a quality project.
Kent Moore believed that the feelings of the opposition do not represent the majority of
the neighbors and expressed support for the project.
Dick Nichols noted that the project still provides views and expressed support for the
project.
Bud Rasner took issue with Mr. Porterfield's prediction that the bluff will collapse. He
noted how Mr. Julian, applicant, has voluntarily amended his project, and that the
neighborhood is mostly comprised of multi- family units and some have below grade
parking. He asked the audience for a show of hands from those that support the
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project.
John Michler believed that the project will be a new icon for the Harbor entrance and
expressed his support.
Ron Covington believed that the project is massive and creates environmental issues for
the Bay and bluff. He suggested conducting an EIR.
Carrie Slayback expressed concern about the density of the project and that the City
should adhere to the General Plan. She suggested conducting an EIR.
Dick Hunsaker expressed support for the updated project and noted that 79% of the
property will be left as open space.
Marilyn Beck pointed out that the project needs to be judged on whether it meets the
provisions of the General Plan. She expressed concern about the overall size of the
project and that this may be setting precedence.
Allan Beek believed that only conducting an MND is inappropriate. He pointed out
that the City does not have a policy about taking bluffs away.
Linda Martin suggested putting up story poles.
Lisa Vallejo believed that the project would set precedence and that the City should
uphold the General Plan.
Gordon Miller believed that the proposed project is better than the current building.
He noted that he originally opposed the project, but now supports the current proposal.
Pat Parsons stated that the majority of the residents of the Channel Reef Building are
not in favor of the project and read a letter from Patricia Zorn.
Kathleen McIntosh believed that the project is over massing the property, is non-
compliant, will destroy natural resources, and does not meet all the City's or Coastal
Commission's criteria. She took issue with the size of the marina and encouraged
Council to deny the project.
Jan Vandersloot noted that Stop Polluting Our Newport (SPON) opposed the first
project but has not taken a position on this version of the project yet. He referenced a
letter from the Coastal Commission regarding the unpermitted removal of vegetation.
He expressed concern that no vegetation can grow under the cantilevers and for the
environmental impacts of the marine environment. He believed that the project is out
of scale with the neighborhood and should undergo an EIR.
Don Krotee, SPON steering committee, agreed that they have not yet taken a position
on the amended project. He suggested building the project more than 60- inches from
the bluff due to the possibility of bluff failure. He pointed out that there is no General
Plan policy about building balconies past the bluff line and agreed with the Moote
Group's statements.
Bill McCaffrey indicated that the people who educated themselves about the project are
supportive of it and took issue that Channel Reef Building residents oppose the project.
Jean Millikan believed that the project will be aesthetically beautiful from across the
Bay and clarified that her husband didn't believe the newspaper ad portrayed the
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project correctly
Tim Paone, attorney for applicant, explained why it was appropriate that an MND was
conducted instead of an EIR. He noted that environmental issues and traffic mitigation
measures are addressed in the MND, the area is zoned for multi -family units, the
Coastal Commission letter indicated that they would address the issues when the
project is before the Coastal Commission, some views will be blocked if all the boats
were in the marina at the same time, most of the excavating will be done behind the
bluff, and the project trims vegetation, not removes it.
In response to Council questions, Mr. Jeannette emphasized the importance of coastal
bluffs, that the tunnel will be placed where the concrete and piping are currently
located, that the existing concrete and piping need to be removed anyway, and that
none of his bluff projects have experienced bluff failures. He discussed the excavation
timeline, how it is coordinated with the building of the shoring walls, and how much
excavation will occur behind the bluff and against the street.
Hearing no further testimony, Mayor Selich closed the public hearing.
Regarding the MND, City Attorney Clauson indicated that Council needs to consider if
the new information results in additional mitigation measures or additional problems.
A recirculation of the MND is not required if only additional information is needed. She
indicated that an EIR can be required if Council determines that the MND did not
mitigate the issues to a level of insignificance. She noted that the testimony from the
opposition's experts about a potential bluff failure is in contrast to the MND author,
and that Council needs to determine if this information warrants an EIR. She
emphasized that it is difficult for Council or staff to evaluate the information since it
was received just before the meeting. She suggested that, if Council would like more
information, they allow staff to conduct more evaluation and come back with a revised
resolution that reflects all the issues.
Council Member Gardner noted that she is not sure the MND is insufficient, but
requested to see a rendering of the marina from different vantage points with boats in
the slips. City Attorney Clauson confirmed that the cove is described as a marine relic,
but it is not clear if the cove is considered a scenic resource. Council Member Henn
requested more guidance about mitigation measures for scenic resources. He
questioned how Council could deny excavation of the bluff, but allow other projects that
substantially excavate bluffs. He noted that most of the excavation is not visible. He
believed that the biological resource issues were addressed in the MND.
Mayor Pro Tern Daigle requested more information about the number of vehicular trips
this project will generate and the timeline for the project.
Mayor Selich stated that Mr. Jeanette's credentials for bluff properties is well -known
and that the Portobello project only took 30 days to excavate 20,000 cu. yards. He
believed that traffic is mitigated to a level of insignificance, but view issues regarding
scenic resources as it relates to the docks may need more research. He does not believe
that a recirculation of the MND is necessary.
City Attorney Clausen reported that the MND will be used by the Harbor Commission
to evaluate the docks, but not the scenic resource issue. She reminded Council that
they are only evaluating the information and that having additional information will
assist Council in determining if there is an impact.
It was the consensus of Council that more information is needed relative to the bluff,
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traffic impacts, and views. Council Member Gardner also requested an exhibit that
shows the protruding balconies as seen from Begonia Park.
Motion by Council Member Gardner to a) direct staff to conduct additional analysis
of whether the cove area is a scenic resource and whether an analysis of the impact of
the boats as opposed to other areas in the City is something that would be necessary to
evaluate if the cove is a scenic resource; b) evaluate the issues raised by the opposition's
environmental consultants; and c) bring back a revised resolution for approval of the
Mitigated Negative Declaration (MND).
Council Member Henn took issue that substantial, new, expert opinion was brought
forward today when the project has been circulated for a while. City Attorney Clauson
noted that the public hearing is closed and no new information can be submitted.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
Regarding the proposed project, Council Member Gardner noted that the applicant has
tried to do everything asked of him and indicated that she generally likes the project
and architecture. Council Member Curry expressed concern about hindering Mr.
Julian's property rights, and believed that the project would enhance the
community. Council Member Webb generally supports the project and believed that it
could become a landmark for the area, but expressed concerns about encroachments.
Council Member Henn noted that the larger lot will call for a larger development and
that he generally supports the project subject to the additional information. Council
Member Rosansky requested more redesign relative to the queuing from the street and
questioned whether the project complies with the General Plan. Mayor Pro Tem Daigle
expressed concern regarding the scale of the project below grade. Mayor Selich stated
that the project has been scaled back, he generally supports the project, and noted that
the General Plan policies are not codified into the Municipal Code.
Mayor Selich suggested that the landmark trees on the Bay side be clearly identified
relative to size and placement. Further, he recommended that cutting down these trees
be prohibited and that a pruning envelope be stipulated in the real estate documents.
He believed that this will soften the mass of the project.
City Attorney Clauson recommended continuing the deliberation. She confirmed that
public comment can be limited to the new information, amended resolution, and
additional information generated relative to the MND.
Motion_by_Mayor Selich to continue the item to the September 9, 2008 Council
meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
25. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO
CALIFORNIA WASTE SERVICES, LLC. 1421100 -20081
Mayor Selich opened the public hearing. Hearing no testimony, he closed the public
hearing.
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City Council Minutes
July 22, 2008
Motion by Council Member. Rosansky to adopt Ordinance No. 2008 -13 granting a
Non - exclusive Solid Waste Franchise to California Waste Services, LLC.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
XVI. PUBLIC COMMENTS
In response to Dick Nichols' question, Mayor Selich indicated that the Port Theater's building
permit is on file with the City.
Jan Vandersloot provided a handout and expressed concern that the Planning Department is
allowed to approve balcony submittals on coastal developments without going to Council. He
noted that a project is going before the Coastal Commission in August and requested that
Council ask for a postponement so they could review the project.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
26. PLANNING COMMISSION AGENDA FOR JULY 17, 2008. 1100 -20081
Planning Director Lepo reported on the following items: Fury Rok & Rol Sushi Lounge
(PA2005.087) - 4221 Dolphin Striker Way; Sejour (PA2002 -167) - 3400 Via Lido; Powers
Residence (PA2007 -176) - 2223 Pacific Drive; Santa Barbara Condominiums (PA2004-
169) - 900 Newport Center Drive; and 930 Sushi (PA2007 -211) - 930 West Coast
Highway.
XVIII. CURRENT BUSINESS
27. DESIGNATION OF VOTING DELEGATES FOR 2008 LEAGUE ANNUAL
CONFERENCE - SEPTEMBER 24 - 27, 2008 IN LONG BEACH. (100 -20081
Motion by Council Member. Gardner to designate Mayor Pro Tem Daigle as the
City's Voting Delegate for the Conference.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
S29. APPROVAL OF RECRUITING FIRM RECOMMENDED BY AD HOC COUNCIL
COMMITTEE TO CONDUCT CITY ATTORNEY RECRUITMENT. 1100 -20081
Council Member Webb provided the staff report and added that Alliance Resources
Consulting is also going to provide the City with a two -year guarantee in the event the
new City Attorney leaves the City within two years.
Motion by Council Member_ Gardner to approve the recommendation by the City
Council Ad Hoc Recruitment Committee to hire Alliance Resources Consulting to
conduct the City Attorney recruitment at a cost of $17,000, plus not to exceed expenses
of $6,500.
The motion carried by the following roll call vote:
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City of Newport Beach
City Council Minutes
July 22, 2008
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
XIX. MOTION FOR_ RECONSIDERATION -None
XX. ADJOURNMENT - Adjourned at 11:05 p.m. in memory of Lois Irwin
The agenda for the Regular Meeting was posted on July 16, 2008, at 4:20 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 on July 18,
2008, at 1:45 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
Recordil}g Secretary
Mayor
City Clerk
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