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HomeMy WebLinkAbout07/14/2009 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 14, 2009 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:17 p.m. A. Conference with Legal Counsel - ExistingLitieation (Government Code § 54956.9 W); 1. Status Report on Pending Litigation: We will report on a global basis on all pending litigation involving the City. This is an informational item only. No action, however, may be taken on any item unless it is specifically noticed below. 2. Group Homes Matters: Hive matters all arising out of the Group Homes litigation brought against the City, as follows: Concerned Citizen's v. City of Newport Beach - U.S. District Court Case No. SACV 08- 00192-JVS (RNBx) Sober Living By The Sea u. City of Newport Beach - U.S. District Court Case No. SACV 08 -00200 JVS (RNBx) City of Newport Beach v. Morningside Recovery - Orange County Superior Court Case No. 07CC11694 Pacific Shores u. Newport Beach - U.S. District Court Case No. SACV 08.00457 AG (PLAx) Newport Coast Recovery v. City of Newport Beach - U.S. District Court Case No. SACV 09 -0701 DOC (ANx); . S. Group Homes Matters: Six matters all arising out of the Group Homes investigation brought against the City, as follows: Pacific Shores v. Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09 -08- 0592 -8 Newport Coast Recovery v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09 -09 -0713 -8 Paul Murdoch v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0831 -8 The Kramer Center v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0833 -8 Oxford House v. City of Newport Beach - U.S. Dept. of Housing & Urban Volume 59 - Page 209 City of Newport Beach City Council Minutes July 14, 2009 Development Investigation No. 09 -09- 0830.8 Yellowstone v. City of Newport Beach - U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0834 -8 4. IBC Litigation Matters: Four matters, all arising out of the IBC Litigation against the City of Irvine: Newport BeachlTustin v. City of Irvine (Martin Street), Orange County Superior Court Case No. 07CC01264 Newport Beach/Tustin v. City of Irvine (2851 Alton), Orange County Superior Court Case No. 07CC01265 Newport Beach/Tustin v. City of Irvine (Accessory Retail Business Regulations), Orange County Superior Court Case No. 30- 2009 - 00264696 Newport Beach/Tustin v. City of Irvine (MCG), Orange County Superior Court Case No. 30- 2008 - 0022885- CU- WM -CXC B. Conference with Legal Counsel - Anticipated Litigation - Ex rosure to Litigation {Government Code § 54956 9(§)) One matter: 1. Potential exposure to litigation on one matter based upon facts and circumstances that might result in litigation against the City but which are not yet known to a potential plaintiff or plaintiffs and disclosure of the facts or circumstances would jeopardize the City's ability to resolve the matter. C. Public Employee Performance Evaluation (Government Code § 54957(b)(1))• Title: City Clerk D. Conference with Real Property Negotiator LGLo vernment Code § 54956.81: Pro a 608 E. Balboa Boulevard City Negotiator: Sharon Wood Negotiating Parties: Levan Gugasian Under Negotiation: Consideration of acquisition of property III. RECE35 IV, RECONVENED AT 7.00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle VI. CLOS%D SESSION REPORT City Attorney Hunt reported that Council voted to authorize the use of outside Counsel to defend the City in the Newport Coast Recovery litigation (Item A.1). Volume 59 - Page 210 City of Newport Beach City Council Minutes July 14, 2009 VII. PLEDGE OF ALLEGIANCE - Council Member Henn VIII. INVOCATION - City Manager Homer Bludau IX. PRESENTATIONS AYSO 57 Presentation of the Mayors Cup Trophy - Phillip Greenberg, Regional Commissioner, presented the trophy to Mayor Selich. Recognizing July 2009 as Parks and Recreation Month -Mayor Selich presented the proclamation to Park, Beaches, and Recreation Commission Chairperson, Marie Marston. Proclamation in Honor of the Corona del Mar Library's 50th Anniversary - Mayor Selich presented the proclamation to Library Services Director Cowell and Council Member Gardner thanked her for her support in revitalizing the Corona del Mar branch. X. NOTI E TO.THE PUBLIC M. CITY _C.OUNCIL ANNOUNCEMENTS OR MATTERS WHICH_COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUMS ON. ACTION OR REPORT (NON-DISCUSSION ITEM) Mayor Selich announced that he was married on Saturday, July 11, and displayed photos. He also announced that he was the Grand Marshal at the Annual American Legion Boat Parade. Council Member Daigle reported that the City requested $1.78 million in grant funds to be used for harbor dredging. The funds will also allow the U.S. Army Corps of Engineers to perform hydro studies, provide engineering specifications, and obtain environmental documents over the next 12 months. She also reported that the City has all the funds needed to dredge the Back Bay and noted that they are pleased with the ongoing Federal assistance that the City continues to receive. Council Member Gardner reported that Newport Beach, Huntington Beach, and Costa Mesa signed a memorandum agreement to join the Orange Coast River Park. The cities will soon be meeting to pursue the agreement goals. She requested that an item be presented at a Study Session to provide direction as to who will represent the City and to allow discussion about ideas, concerns and issues. Council Member Webb announced that his 70th birthday was Saturday, July 11. Council Member Henn thanked the Police Department for their work on July 4th. He discussed conducting a post 4th of July assessment to receive feedback from residents and to look at other ways to make the event better for the residents and more cost effective. Mayor Pro Tem. Curry reported that he and Council Member Daigle participated in the Mariners Park July 4th Parade and Festival where City Manager Bludau served as the Grand Marshal. He also reported that the Administrative Services Department received the Government Finance Offices Association Certificate of Achievement for Excellence in b7:nancial Reporting. He thanked Administration Services Director Danner for his work. MI. CONSENT CALENDAR A. READING OF MINUTES/ORDINANCES AND RESOLUTlO1V$ Volume 59 - Page 211 City of Newport Beach City Council Minutes July 14, 2009 1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR MEETING OF JUNE 28, 2009. [100 -20091 Waive reading of subject minutes, approve as amended and order fled. 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 AD OPTION 8. AMENDMENT OF CAMPAIGN CONTRIBUTION ORDINANCE, AS REVISED, TO INCREASE THE LIMIT ON INDIVIDUAL CAMPAIGN CONTRIBUTIONS TO $1,000, AND PROVIDE FOR ADJUSTMENT OF CONTRIBUTION LIMITS BASED ON THE CONSUMER PRICE INDEX. 139/1'00 -20091 Adopt Ordinance No. 2009 -14, amending Chapter 1.25 of the Newport Beach Municipal Code. [Council Member Gardner voted no on this item ) C. RESOLUTION FOR ADOPTION 4. CONSTRUCTION/MAINTENANCE ACTIVITIES CODE AMENDMENT INITIATION).' [100 -20091 Adopt Resolution No. 2009 -49 to initiate the code amendment to limit construction and maintenance activities in required setback areas of residential districts. D. CONTRACTS AND AGREEMENT S. CENTRAL WATERSHED MANAGEMENT AREA COOPERATIVE AGREEMENT AMENDMENT (C- 8243). 1381100 -20091 Adopt Resolution No. 2009 -50 to amend the cooperative agreement for the Newport Bay Watershed and the Central Watershed Management Area, and authorize the Mayor and City Clerk to execute the Amendment. 6. CENTRAL LIBRARY AIR CONDITIONING REHABILITATION (C-4188) - COMPLETION AND ACCEPTANCE. [38/100 -20091 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 7. DOVER DRIVE STREET IMPROVEMENT PROJECT (C -3652) - COMPLETION AND ACCEPTANCE. [38/100 -2009) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 85 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 8. WEST OCEAN FRONT ALLEY - WATER MAIN REPLACEMENT (C -4007) - COMPLETION AND ACCEPTANCE. 1881100 -20091 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Volume 59 - Page 212 City of Newport Beach City Council Minutes July 14, 2009 Code; and c) release the Faithful Performance Bond one year after Council acceptance. 9. FISCAL YEAR 2007 -2008 TRAFFIC SIGNAL REHABILITATION PROJECT (C -3932) - COMPLETION AND ACCEPTANCE. [381100 -8009) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 10. ON -CALL PUMP REPAIR AND MAINTENANCE SERVICES - APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ORANGE COUNTY PUMP CORPORATION (C- 4059). [3&/100 -20091 Approve Amendment No. 1 to Professional Service Agreement with Orange County Pump Corporation for on -call pump repair and maintenance services, and authorize the Mayor and City Clerk to execute the Amendment. 11. ASPHALT REPAIRS - APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH HARDY & HARPER, INC. (C- 4015). [381100 -20091 Approve Amendment No. 2 to Professional Services Agreement with Hardy & Harper, Inc. for on -call asphalt repair services, and authorize the Mayor and City Clerk to execute Amendment No. 2. 12. AMENDMENT TO THE AGREEMENT WITH TRUGREEN LANDCARE, LLC FOR THE LANDSCAPE MAINTENANCE OF CITY PARKS AND FACILITIES (C- 3880). 1381100 -20091 Approve the amendment to the existing agreement with TruGreen Landcare, LLC for the landscape maintenance at Coastal Peak Park at a cost of $106,020 per year. 13. CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR TRAFFIC ENGINEERING SERVICES (C4021). 1381100 -20091 Approve a Professional Services Agreement with RBF Consulting, Inc. of Irvine, for traffic engineering services at a contract price of $99,500, and authorize the Mayor and the City Clerk to execute the Agreement. 14. PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING FOR ENVIRONMENTAL SERVICES RELATED TO NEWPORT BANNING RANCH DEVELOPMENT (C- 4168). 1881100 -20091 Receive and file. 15. TSUNAMI WARNING SYSTEM (C -4152) - APPROVE DRAWINGS AND SPECIFICATIONS, AND AUTHORIZE PERMISSION TO ADVERTISE. 1.981100 -20091 a) Approve the drawings and specifications; and b) authorize staff to advertise the project once the Coastal Development Permit is issued. 16. PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL (CEQA) AND ENGINEERING TASKS ASSOCIATED WITH A CONFINED AQUATIC DISPOSAL (CAD) SITE IN NEWPORT HARBOR (C4304). 1381100 -20091 a) Authorize the Mayor and City Clerk to execute a Professional Services Agreement with Anchor QEA, L.P. to conduct initial CEQA and engineering design work for a CAD in Newport Harbor; and b) approve a budget amendment (IOBA -001) appropriating $395,000 from unappropriated reserves Volume 59 - Page 213 City of Newport Beach City Council Minutes July 14, 2009 (tidelands) to Capital Improvement Project #7231- C4402001 (Newport Harbor Dredging Project). E. MISCELLANEOUS 17. AUTHORIZATION TO PURCHASE FOUR (4) COMPRESSED NATURAL GAS (CNG) REFUSE COLLECTION TRUCKS. 1100 -20091 a) Authorize the purchase of two (2) Autocar WXLL64 /ACX64 CNG front loader refuse collection trucks from Carmenita Truck Center in the amount of $244,461 each; b) authorize the purchase of two (2) Peterbilt 320 CNG rear loader refuse collection trucks from Rush Truck Center in the amount of $203,691 each; and c) approve a budget amendment (10BA -002) transferring $154,000 from unappropriated AQMD Fund surplus to Account 2766 -9108 (AQMD Division - Alternate Fuel Vehicles) to supplement the funding of this purchase. 18. COUNCIL DECISION TO DISPENSE HOLDING THE AUGUST 25TH REGULAR CITY COUNCIL MEETING. (100 -20091 Forego the regular August 25th Council meeting. 19. 2009 -2010 CULTURAL ARTS GRANTS. (100 -20091 Approve recommended recipients for FY 2009 -2010 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Policy I -12 - Reserve Fund for Culture and Arts. 20. PURCHASE OF CARDIAC MONITOR/DEFIBRILLATORS (ZOLL E SERIES). (100 -20091 a) Approve a budget amendment (10BA -003) to transfer $51,578 from the Unappropriated General Fund Paramedic Reserves to account 2340 -9300, increasing expenditure appropriates in 2340 -9300 by $51,578; and b) authorize the purchase of six Zoll E Series Cardiac Monitor/Defibrillators for $153,578 from Zoll Medical Corporation. 21. ORDINANCE TO PROVIDE THE PUBLIC WORKS DIRECTOR THE AUTHORITY TO ADOPT NEW EDITIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. 1100 -20091 Set a public hearing for the second reading of Ordinance No. 2009 -13 for July 28, 2009, to add Chapter 75 of Title 15 of the Newport Beach Municipal Code and adopt the ordinance. 22. HARBOR AREA MANAGEMENT PLAN (RAMP) — FINAL ADOPTION. Continue to July 28, 2009. Regarding Item 15 (Tsunami Warning System), Council Member Henn indicated that he is pleased to see the project moving ahead. Regarding Item 16 [Professional Services Agreement for Environmental (CEQA) and Engineering Tasks Associated with a Confined Aquatic Disposal (CAD) Site in Newport Harbor), he clarified that the scrape of the assignment will include a careful evaluation of all potential CAD sites in the Harbor, an evaluation of why a site is selected, and an outreach program for affected residents. Council Member Daigle suggested adding other locations, methods, and cement based stabilization alternatives to the environmental documents. Regarding Item 9 (Fiscal Year 2007 -2008 Traffic Signal Rehabilitation Project), Council Member Daigle noted that the project is progressing and is in phases 2 and 3. Council Member Gardner provided corrections to the minutes from the June 23 meeting. It was moved by Mayor Pro Tem Curry, seconded by Council Member Rosansky to Volume 59 - Page 214 City of Newport Beach City Council Minutes July 14, 2009 approve the Consent Calendar; and noting the continuance of Item 22 to July 28 and the "no" vote on Item 3 by Council Member Gardner. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle )III. ITEMS REMOVED FROM THE CONSENT CALENDAR -None XV. PUBLIC HEARINGS 23. AERIE (PA 2005 -196) - 201 -205 & 207 CARNATION AVENUE & 101 BAYSIDE PLACE: GENERAL PLAN AMENDMENT NO. GP2006 -006; COASTAL LAND USE PLAN AMENDMENT NO. LC2006 -002; CODE AMENDMENT NO. CA2006 -009; TRACT MAP NO. NT2006 -004 (TTM16882); MODIFICATION PERMIT NO. MD2005 -087; COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. CR2005- 002; AND ENVIRONMENTAL IMPACT REPORT NO. ER2008 -002 (SCH. NO. 2007021054). [TTM- 168821100 -2009] Senior Planner Campbell provided information about the history of the project, stated that the project has been redesigned, indicated that an Environmental Impact Report (EIR) was conducted, noted that Council is not making a decision on the dock permit, and reported that the Planning Commission recommended approval of the project. Rick Julian, applicant, indicated that the project is a benefit to the neighborhood and is supported by many of the residents. Brion Jeannette, architect, provided a PowerPoint presentation that included the history; public hearing process; renditions to the project before and after; aesthetics; view simulations; the Construction Manual Plan (CMP); noise, traffic, and air quality information; the construction schedule; CMP excavation schedule; excavation stages; soils and geology; the trapezoidal section; project upgrades; view corridors; architectural diversity; a massing comparison; and the slopes. Stephen Miles, counsel for the opponents, provided a handout and discussed the appeal period, the California Housing Element, the California Environmental Quality Act (CEQA), greenhouse gas emissions, and the alternative analysis of the EIR. Council Member Gardner believed that language in the EIR lobbies support for the project instead of being neutral. In response to Council questions, Mr. Jeannette stated that basements are used to allow storage for electrical and mechanical systems and lowers the building mass. He showed the amount of mass above grade compared to that below and noted that looking from the harbor, the project will look similar in size to the current buildings in the area. In response to questions, City Attorney Hunt stated that the Harbor Commission performed their role as advisors and noted that the staff report incorrectly phrased the second hearing process as an appeal; however, it is not an appealable action. He explained the process for harbor permit appeals. He clarified that Council is certifying the EIR and not making a decision on the permit for the dock. Regarding the Housing Element, he stated that the City is consistent with State Law and believed that there are no legal impediments. He also highlighted the differences between scientific evidence, antidotal evidence, and judgment. Volume 59 - Page 216 City of Newport Beach City Council Minutes July 14, 2009 In response to Council Member Gardnees question, Mr. Jeannette stated that the soil is reliable and provided core samples. He stated that the second emergency access is also the exit from the basement and noted that a second emergency access is a building requirement. He indicated that the balconies impede some private views from Carnation and they will install a six foot barrier to protect the privacy of the next door neighbors. Mayor Selich opened the public hearing. Kathleen McIntosh provided a handout and expressed concern about the project size, amount of construction, over development of the coastal bluff, the Predominate Line of Existing Development (PLOED), the dock size, and the view impediments. She clarified that she does not have a basement and the size of her property is smaller than what was presented by the applicant. She explained why she believes that a Brown Act violation occurred relative to this project. City Attorney Hunt indicated that he will speak with Mrs. McIntosh about this allegation. Marilyn Beck expressed her concerns about the excavation, basement, natural land forms, PLOED, bluff, construction traffic, damage to private property, truck route, roadways, project size, marina, and impact on the community, and believed that the project is out of context for the neighborhood. Warren James stated that he would support the project if it stayed within the existing guidelines and stated that he strongly objecta to any variances. Kent Harvey believed that project alternatives should be presented. Allan Beek expressed concern about the size of the project and the affects on the bluff. He believed that if approved, it would be setting a precedent and urged Council to reject the project. Mayor Pro Tem Curry left the meeting at 8 *59 p.m. to catch a work - related flight. Sharon McNalley urged Council to preserve the area and expressed concern about the traffic flow pattern, noise, pollution, damage to streets, and egress. Elaine Linhoff expressed concern about the coastal bluff and believed that the size does not conform to the General Plan. Bill Varon expressed support for the project because he believed that it would be an improvement to the site and believed that most of the residents are in support of the project. Kent Moore expressed support for the project and stated that the project enhances views, creates more street parking, and provides underground utilities. John Martin provided a handout and expressed concern about the project size, character, grading, bluff, PLOED, retaining walls, risk, and visual impacts. Bud Razner expressed support for the project and noted that enough restrictions and conditions have been placed on the applicant. Bill McCaffery expressed support for the project and stated that it has first class elements, Provides improvement to the neighborhood, the applicant has been open with the residents, and that the project has been approved by the Planning Commission. Volume 59 - Page 216 City of Newport Beach City Council Minutes July 14, 2009 Jan Vandersloot, SPON, provided a handout and expressed concern about the project size, excavation of the bluff, damage to a natural land form, the biological impacts of the dock, eelgrass and sand dollar survival, and affects on the wetlands. He believed that the EIR does not analyze all the impacts. Lisa Vallejo believed that the project damages the coastal bluff, the Coastal Land Use Policy (CLUP) is meaningless, the project size is too large, and the changes made after all of the meetings are minimal, and expressed the opinion that the Harbor Commission made a decision based on the influence of the City Attorney's Office. Pat Parsons provided a handout and expressed concern about the project size and impact on the bluff and the harbor. She believed that the exterior design does not fit the neighborhood and urged Council to deny the project. Keith Dawson noted that the applicant has complied with Council requests, indicated that the project is different and unique, and stated that he will be proud when it is approved. Laurie Leggio expressed concern about the coastal bluff, believed that building into a rock will cause a disaster, and expressed her opinion that the project is too massive. Tim Paone, counsel for the applicant, clarified that every issue raised has been addressed in the EIR and staff reports. He also pointed out that the site is multi- family, complies with the General Plan, complies with height requirements, includes a completion bond, the significant environmental affects have been addressed in the CEQA analysis, the parameter test is a rebuttable presumption, the notice of violation was incorrectly stated and will be dealt with when the project goes before the Coastal Commission, people are currently living in the building, the CLUP and EIR has gone through unprecedented lengths to address all issues, and the Mitigated Negative Declaration (MND) was amended several times. Brion Jeannette, architect, clarified that the project has no variances, is below the height limits, development down the bluff was established by Council based upon the evaluation of buildings around the site, only 18% of the site is submerged, the coastal bluff is protected and enhanced, the migratory marine birds are addressed in the EIR, eelgrass is protected, and the pier and bulkhead lines have been addressed. There being no further testimony, Mayor Selich closed the public hearing. In response to Mayor Selich's question, Senior Planner Campbell believed the issues brought forward by the opponents have been adequately addressed in the EIR. Council Member Gardner indicated that she received an equal amount of letters from residents that approve or oppose the project. She expressed concern about the cove, the large dock, the impacts to traffic, and impacts to the harbor. She believed that the project should be smaller and indicated that she will not he supporting the project. Council Member Henn stated that the applicant has complied with all requests and has gone through an extensive EIR process. He noted that the site is a multi - family site, the concern about the bluffs is understandable, and there is a reasonable interpretation of the General Plan that is consistent with this project and entitles the applicant to the benefit of that judgment. He expressed support for the project. Council Member Daigle stated that there are no rules against excavation, the applicant has made extensive changes to the project, and expressed support for the project. Volume 59 - Page 217 City of Newport Beach City Council Minutes July 14, 2009 Council Member Rosansky stated that although the applicant has worked with the neighbors, be still believes that the project is too big and is not consistent with the General Plan objectives and the character of the neighborhood. He indicated that he will not be supporting the project. Council Member Webb indicated that the view comparison shows that the project is not out of character, stated that he is not concerned about the dock space, noted that the development is an addition to the area, and expressed support for the project. Mayor Selich agreed that the view simulation showed that the project is not .out of character, stated that the excavation behind the bluff is not a concern, believed that the sound impacts should not affect the residents, and noted that the docks will not create a hazard for navigation. He also noted that the project has been in review for four years and the applicant has worked diligently to comply with the guidance that the City has given him. It was moved by Council Member Webb. seconded by Council. Member Dafele, to adopt Resolution No. 2009 -51 certifying the Final Environmental Impact Report (SCH. No. 2007021054) and adopting a Mitigation Monitoring and Reporting Program; c) adopt Resolution No. 2009 -52 adopting a Statement of Overriding Considerations and approving General Plan Amendment No. GP2005 -006, Coastal Land Use Plan Amendment No, LC2005 -002, Newport Tract Map No. NT2005 -004 (TTM16882), Modification Permit No. MD2005 -087 and Coastal Residential Development Permit No. CR2005 -002, subject to the attached findings and conditions; and d) introduce Ordinance No. 2009 -15 amending Zoning Districting Map thereby approving Code Amendment No. 2005 -009, and pass to second reading on July 28, 2009. The motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Selich, Council Member Webb, Council Member Daigle Noes: Council Member Rosansky, Council Member Gardner Absent: Mayor Pro Tem Curry Mayor Selich called for a recess at 10:00 p.m. Mayor Selich reconvened the meeting at 10:07 p.m. XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Gardner reported that the Coastal/Bay Water Quality Committee received a report about grant funds for the restoration of native oysters in the Bay and asked staff to research a new system called Aqua -Phyd which provides an inexpensive way of improving the absorption of water and reducing salt. Council Member Henn reported that Senate Bill 268 was defeated at the Assembly level and noted that the City will continue to pursue regulations from Sacramento regarding group homes issues. He also reported on other group homes issues, stating that there are no Use Permit hearings remaining, there are approximately two reasonable accommodation hearings pending, a few Council appeals, three lawsuits, and approximately six Housing and Community Development (HCD) complaints. Volume 59 - Page 218 City of Newport Beach City Council Minutes July 14, 2009 XV. PUBLIC HEARING$ - CONTINUED 24. COASTAL LOCAL USE PLAN UPDATE - LC2007 -001 (PA2007 -027) - COMPREHENSIVE UPDATE TO THE COASTAL LAND USE PLAN AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 5, 2009, TO REFLECT THE LOCATION, TYPE, DENSITIES, AND INTENSITIES OF LAND USES ESTABLISHED BY THE NEW LAND USE ELEMENT AND TO INCORPORATE OTHER NEW POLICIES OF THE GENERAL PLAN. [100 -20091 Senior Planner Campbell reported that staff is recommending a comprehensive update to the Coastal Land Use Plan (CLUP) to make it consistent with the California Coastal Commission and suggested that a study be conducted on alternative transportation. Council Member Gardner thanked Senior Planner Campbell for his work with the Coastal Commission. Mayor Selich opened the public hearing. Hearing no testimony, he closed the public hearing. It was moved by Council Member Webb seconded b C41�n - i1__Member Gardner, to adopt Resolution No. 2009 -53 adopting the Coastal Land Use Plan with the modifications approved by the California Coastal Commission. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Absent: Mayor Pro Tem. Curry XVI. PUBLIC COMMENTS - None XVII. CURRENT BUSINESS 25. DESIGNATION OF VOTING DELEGATES FOR 2009 LEAGUE ANNUAL CONFERENCE - SEPTEMBER 16 -18, 2009, IN SAN JOSE. [100 -20091 It was moved by Council Member Rosansky seconded by Council Member Henn, to designate Council Member Daigle as the City s Voting Delegate for the Conference and Council Member Gardner as the Voting Alternate. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Absent: Mayor Pro Tem Curry 26. INITIATION OF GENERAL PLAN AMENDMENT RELATED TO COASTAL LAND USE PLAN AMENDMENT NO. 2007 -001. [100 -80091 Senior Planner Campbell explained that Council is only voting to initiate an amendment to the General Plan. It was moved by Council Member Webb seconded by Council Member Rosansky to adopt Resolution No. 2009 -53 initiating an amendment of the General Plan to change the land use designations of properties within 11 areas of the Coastal Zone. Volume 59 - Page 219 City of Newport Beach City Council Minutes July 14, 2009 The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Absent: Mayor Pro Tem Curry 27. APPOINTMENT OF COUNCIL MEMBER NANCY GARDNER TO LEAGUE OF CALIFORNIA CITIES COASTAL CITIES ISSUES GROUP (CCIG). [700 -2009] It was moved _by Council Member Webb seconded by Council Member-Rosansky to appoint Council Member Nancy Gardner to serve on the Coastal Cities Issues Group (CCIG) and meet with the California Coastal Commission on August 12, 2009, in San Francisco to engage in discussion of issues the City Council believe are appropriate, and give input to Council Member Gardner. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Absent: Mayor Pro Tem Curry XVIII. MOTION FOR RECONSIDERATION -None XDG ADJOURNMENT -10:15 p.m. The agenda for the Regular Meeting was posted on July 8, 2009, at 8:28 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 10, 2009, at 4:18 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Mayor Volume 59 - Page 220