HomeMy WebLinkAbout11/10/2009 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
November 10, 2009 — 7:00 p.m.
I. STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION - 5:30 p.m.
A. Conference with Legal Counsel - Existina_ Litigation (Government _Code §
54956.9(a)): Seven matters:
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. IBC Litigation Matters: Four matters, all arising out of the IBC Litigation
against the City of Irvine:
a. Newport Beach/Tustin v. City of Irvine (Martin Street), Orange
County Superior Court Case No. 07CCO1264
b. Newport Beach/Tustin v. City of Irvine (2861 Alton), Orange
County Superior Court Case No. 07CCO1265
a Newport Beach/Tustin v. City of Irvine (HCG), Orange County
Superior Court Case No. 30- 2008 - 0022885- CU- WM -CXC
d. Newport Beach/Tustin v. City of Irvine (Accessory Retail
Business Regulations), Orange County Superior Court Case No. 30-
2009- 00264696
S. Padgett v. City of Newport Beach, Orange County Superior Court Case No.
30 -2009- 00299129
4. Kim v. City of Newport Beach, Orange County Superior Court Case No. 30-
2009- 00305296
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 Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT - City Attorney Hunt stated that Council voted unanimously tc
allow the Office of the City Attorney to use outside counsel to defend Padgett v. Newport
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Beach and Kim u. Newport Beach.
VII. PLEDGE OF ALLEGIANCE - Cub Scout Pack 325
Mayor Selich asked for a moment of silence in honor of Dr. Jan Vandersloot.
VIII. INVOCATION - Reverend Peter J. Haynes, Saint Michael and All Angels Episcopal
Church
D{. PRESENTATIONS
Introduction of Orange County Transportation Authority (OCTA) CEO, Will Kempton
- Mr. Kempton stated that he looks forward to working with the City, discussed budget cuts,
current litigation, mobility needs, and the Measure M program. Mayor Pro Tem Curry and
Council Member Webb expressed their gratitude for his hard work. City Manager Kiff thanked
him for his role in helping the City acquire the land for Sunset Ridge Park.
Employee Recognition by the City Manager - City Manager Kiff acknowledged
Maintenance Services Assistant Van of the Utilities Department for his role in developing a
supplies plan which resulted in a savings of 71 %.
M. CITY COUNCIL. ANNOUNCEMENTS_ OR-MATTERS WHICH. COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR
REPORT (NON - DISCUSSION ITEMI
Council paid tribute to Dr. Jan Vandersloot for his efforts, contributions, and accomplishments
for the community and the environment.
Council Member Daigle announced that the annual "Keep Your Teen Safe" program was
presented at Corona del Mar High School on November 4. She thanked the Police staff and
announced that the Police Department will be presenting a program for parents on internet
safety at the Central Library on November 16.
Council Member Gardner thanked Special Projects Consultant Sinasek for handing out over
100 boating information packets and announced that the Task Force on Cycling Safety will
have its first meeting on November 16 at 4:00 p.m. She also announced that Corona del Mar
will start selling value cards which will provide discounts for shopping and dining in the area.
In response to Council Member Gardner's question, City Attorney Hunt stated that an amended
smoking ordinance will come before Council in January.
Council Member Rosansky announced that he attended the "Fur, Feather, Flippers and Fins"
event in which groups came together to conduct pet adoptions and stated that the event will be
broadcast on NBTV.
Mayor Pro Tem Curry announced that he will represent the City on the League Legislative
Committee. He discussed their efforts to propose an initiative measure relative to funds
diverted to the State and requested that staff generate a staff report and resolution in support
of the efforts.
XII. CONSENT CALENDAR
A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS
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1. MINUTES OF THE REGULAR MEETING AND ADJOURNED
REGULAR MEETING OF OCTOBER 27, 2009. [100 -2009] Waive reading
of subject minutes, approve as amended and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full
of all ordinances and resolutions under consideration, and direct the City Clerk
to read by title only.
B. ORDINANCE FOR INTRODUCTION
3. CHAPTER 14.17 (WATER EFFICIENT LANDSCAPING) OF THE
NEWPORT BEACH MUNICIPAL CODE. [100 -2009] Continue to a Study
Session in January.
D. CONTRACTS AND AGREEMENTS
5. JUSTICE ASSISTANCE GRANT - ANNUAL AWARD (C- 4376). [381100-
2009] Approve Agreement to transfer funds for Fiscal Year 2009, Justice
Assistance Grant annual award, and authorize the City Manager to execute the
Agreement.
6. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
WITH ANCHOR QEA FOR ENGINEERING AND ENVIRONMENTAL
TASKS ASSOCIATED WITH DREDGING AND DISPOSAL FOR A
LOWER BAY DREDGING PROJECT IN NEWPORT HARBOR (C- 4304).
[381100 -2009] a) Approve Amendment No. 1 to Professional Services
Agreement (PSA) with Anchor QEA, L.P. to prepare an MND and EIR for two
options for the contaminated disposal component of a Lower Bay dredging
project; and b) approve a budget amendment (10BA -019) taking $40,000 in
unappropriated Tidelands Fund Balance and assigning these funds to Capital
Improvement Project #7231- C4402001 (Newport Harbor Dredging Project).
7. PLAYGROUND RESILIENT SURFACE RENOVATION - AWARD OF
CONTRACT (C- 4228). [381100 -2009] a) Approve the project plans and
specifications; b) award the contract (C -4228) to R.E. Shultz Construction for
the total bid price of $64,135, and authorize the Mayor and the City Clerk to
execute the contract; and c) establish a contingency amount of $17,365 (27 %) to
cover the cost of unforeseen work.
8. CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 2
- AWARD OF CONTRACT (C- 4140). [381100 -2009] a) Approve the project
plans and specifications; b) award the contract (C -4140) to Imperial Paving
Company, Inc. for the total bid price of $964,055.00, and authorize the Mayor
and the City Clerk to execute the contract; c) establish a construction
contingency amount of $97,000 (approximately 10 %) to cover the cost of
unforeseen work; and d) approve a budget amendment (10BA -018)
appropriating $1,252,014 from the unappropriated Proposition 1B fund balance
to Account 7185- C2002037 (Local Streets and Roads Program).
9. 2008 -2009 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM
(C4072) - NOTICE OF COMPLETION. [381100 -2009] a) Accept the
completed work and authorize the City Clerk to file a Notice of Completion; b)
authorize the City Clerk to release the Labor and Materials bond 35 days after
the Notice of Completion has been recorded in accordance with applicable
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portions of the Civil Code; and
c) release the Faithful Performance Bond one year after Council acceptance.
E. MISCELLANEOUS
10. PLANNING COMMISSION AGENDA FOR NOVEMBER 5, 2009. 1100-
2009] Receive and file written report.
11. HUMAN SERVICES GRANTS FOR 2009 -2010. 1100 -20091 Authorize the
allocation of $25,000 in Human Services Grants as outlined in the staff report.
Motion by Mayor Pro Tem Curry, seconded IM Council, Member Rosansky to approve
the Consent Calendar except for Item 4 [Resolution Requesting Approval From California
Public Employment Retirement System (CALPERS) Board of Administration Extending the
Employment of Interim Police Chief]; and noting the continuance of Item 3 [Chapter 14.17
(Water Efficient Landscaping) of the Newport Beach Municipal Code] to a Study Session in
January to allow staff time to educate residents on the purpose of the ordinance.
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
4. RESOLUTION REQUESTING APPROVAL FROM CALIFORNIA PUBLIC
EMPLOYMENT RETIREMENT SYSTEM (CALPERS) BOARD OF
ADMINISTRATION EXTENDING THE EMPLOYMENT OF INTERIM POLICE
CHIEF (C-4307).138/100-20091
In response to Council Member Daigle's questions, City Manager Kiff identified the new
terms of the contract, highlighted the tasks expected, and noted that the Interim Police
Chiefs expertise and knowledge have been helpful to the Police Department.
Motion_b3 Council Member Rosans) seconded by Council Member. Daigle to
a) adopt Resolution No. 2009 -75 requesting the employment extension per Government
Code Section 21221(h) for Interim Police Chief Robert Luman to expire no later than
June 30, 2010; and b) authorize the City Manager to renew the employment agreement
between the City of Newport Beach and Robert Luman complying with Government
Code Section 21221(h).
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
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem Curry reported that the Finance Committee discussed the impacts of cost
increases in the Facilities Finance Plan (FFP) and directed staff to work on reducing the
maximum amount to be utilized for the Civic Center Project.
XV. PUBLIC COMMENTS - None
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XVI. PUBLIC HEARINGS
12. INTRODUCTION OF AN ORDINANCE INCREASING THE BENEFIT
ASSESSMENT LEVY OF THE NEWPORT BEACH RESTAURANT
ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (NBRA BID). 1100 -20091
Economic Development Administrator De Santis reported that this is the first time the
Restaurant Association has sought a levy increase.
Mayor Selich opened the public hearing. Hearing no testimony, he closed the public
hearing.
Council Member Rosansky expressed support for the Restaurant Association and added
that it is important to maintain a partnership with the City.
Motion by Cau_ ncil Member_ Webb seconded by Council Member_ Rosanskv to
introduce Ordinance No. 2009 -26 setting the new benefit assessment to be levied, and
pass to second reading on November 24, 2009.
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
18. CONSTRUCTION AND MAINTENANCE PROJECTS IN RESIDENTIAL
DISTRICTS CODE AMENDMENT. (100 -20091
Planning Manager Alford reported that the ordinance is intended to address
construction and maintenance activities that are not regulated by Title 15. He
discussed the requirements of the ordinance and the additional public nuisances.
In response to Council Member Gardner's questions, Planning Manager Alford stated
that the ordinance applies to construction and maintenance projects located
in residential districts, are visible from the public right -of -way, occupies more than 120
square feet of the property's lot area, and are over 24 feet in height. Assistant City
Manager Wood reiterated that the provisions of this ordinance will only apply
to construction or maintenance projects.
Mayor Selich opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Gardner seconded by Council Member Webb to
introduce Ordinance No. 2009 -27 approving the Code Amendment, and pass to second
reading on November 24, 2009.
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
14. WATER CONSERVATION ORDINANCE. 1100 -20091
Utilities Director Murdoch explained how the City developed the base amount and
discussed the purpose of the the water conservation ordinance.
In response to Council questions, Utilities Director Murdoch explained that the
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percentage of water reduction is based on a target level and noted that the City
is allocated a certain amount of water from the water districts. He indicated that the
ordinance includes an option for relief of compliance which allows residents the
opportunity to appeal any violation. He stated that staff will later develop individual
allocations when needed. Council Member Henn suggested that staff recommend ways
to accommodate the needs of residents living on very small lots in the event restrictions
are mandated, in order to be fair and reduce the volume of appeals.
Mayor Selich opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member. Gardner, seconded by Council Member Webb to
adopt Ordinance No. 2009 -24 amending Chapter 14.16 of the Newport Beach Municipal
Code.
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
15. WATER UTILITY RATE INCREASE. [391100 -2009)
Utilities Director Murdoch noted a correction to Page 2 of the staff report. He stated
that tonight's hearing concludes the 45 -day protest period.
In response to Council questions, Utilities Director Murdoch stated that the City has
received approximately 80 protests of the 12,500 needed to stop the rate increase. He
noted that the purchase of water will be increased by 40% in the next two years and
emphasized that the rate increase will result in an average $10 a month increase to
residential water bills.
Council Member Gardner expressed gratitude to all the water agencies for their efforts
in getting the message out about the water shortage and to help residents understand
the purpose for the water rate increase.
Mayor Selich opened the public hearing.
In response to Dick Nichols' question, Utilities Director Murdoch stated that the
Capital Improvement Programs (CIPs) were previously paid out of the City's reserve
account to make repairs; however, staff implemented a capital charge which will be
attached to water meter charges.
In response to Hal Meany's questions, City Manager Kiff stated that the City is looking
at broad cost cutting measures by adjusting personnel, implementing a reorganization
plan, considering automated meter readings, and observing programs paid by water
funds. Utilities Director Murdoch stated that the City has a set water target
level, conducts off -beat pumping to save $100,000 a year in electrical costs, participates
in programs that pays the City for its participation, and involves the employees in cost
cutting efforts. He also added that the City might be interested in participating in a
desalination program.
Hearing no further testimony, Mayor Selich closed the public hearing.
Motion by Council Member Gardner,, seconded by Council Member Webb to a)
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direct staff to prepare a report for November 24, 2009 to announce the results of the
Proposition 218 procedure as tabulated by the City Clerk; and b) introduce
Ordinance No. 2009 -29 on November 24, 2009 amending Chapter 14.12, Water Rates
and Charges, of the Newport Beach Municipal Code, and pass to second reading on
December 8, 2009.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
16. PORT RESTAURANT AND BAR APPEAL - 4400 HELIOTROPE AVENUE
(PA2009 -080) - AMENDMENT TO USE PERMIT NO. 1566 AND OFF -SITE
PARKING AGREEMENT NO. OP2009 -00. 1100 -2009]
Associate Planner Murillo provided a brief history of the use permit and noted that the
restaurant was cited twice for having live entertainment without a permit. He stated
that the applicant is requesting an extension to the current closing time and a live
entertainment permit, and would like to extend his off -site parking agreement. He
indicated that staff recommends that Council uphold the Planning Commission's
decision to deny the permit.
Mayor Selich opened the public hearing.
Dennis O'Neil, counsel for the applicant, clarified the changes that the applicant
requested.
Ali Zadeh, applicant, utilized a PowerPoint presentation that included the intended
use, change in food service to include lunch on weekends, and the desire to have live
entertainment. He also displayed the floor plan and Port atrium after conversion, and
discussed noise concerns, future noise control measures, the noise studies, security and
parking personnel, the restaurant's location, off -site parking, sales from 2007, and
the proposed closing hours.
In response to Council Member Gardner's question, Mr. Zadeh stated that the previous
owner had live entertainment and indicated that he did not realize that he could
receive citations during the application period.
Dick Nichols suggested that Council approve the closing hours of 12:30 a.m. on
Thursdays and 1:00 a.m. on the weekends.
Mark Labron expressed support for the proposed amendments and believed that the
plan to have patrons park in the off -site parking lot will help diffuse resident concerns.
Sara Savier expressed support for the proposed amendments and noted that the owner
is receptive in making changes to abide with City requirements.
Kent Moore expressed support for the proposed amendments and urged Council to read
the sound engineer's report.
Walter Seabring expressed support for the proposed amendments and asked Council
to approve Mr. Zadeh's request.
Dawn Stone expressed opposition to the proposed amendments, stated that people
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loiter after the restaurant is closed, and urged Council to deny the permit
Nancy Morran- Sanchez expressed support for the proposed amendments and believed
that the owner is responsible and sincere.
Debbie Boedwin expressed support for the proposed amendments and stated that the
owner cares about the community.
Lindsey Watkins expressed support for the proposed amendments and indicated that
the restaurant is an exciting and fun place to work, and the owner adores the patrons.
Dieter Brunner expressed opposition for the extension of hours, stated that parking is
bad, and provided photos.
Allen Aria expressed support for the proposed amendments and encouraged Council to
approve the appeal.
Greg Brisco expressed support for the proposed amendments and stated that the
restaurant has a great atmosphere and an owner who cares.
Jennifer Barnier expressed support for the proposed amendments and stated that she
has not experienced any parking or noise issues.
Matthew Gudorf expressed opposition to the proposed amendments and addressed
operating hours, noise, live entertainment, and parking problems. He believed that the
renovation will create more noise, thanked the Police Department and Code
Enforcement Officers, and urged Council to deny the appeal.
Jeff Wright expressed support for the proposed amendments and provided
information as to why the restaurant is important to him.
Carl Cassidy expressed support for the proposed amendments and asked Council not to
exercise their right to eminent domain.
Sally Cheeseboro expressed opposition to the extension of hours and expressed concern
about the effects of the restaurant on her property value.
Scott Dalton expressed support for the proposed amendments and indicated that there
are no other classy restaurants in the area.
Grant Welton expressed opposition to the amendments and indicated that changing the
closure time to a later time will not help.
Carol Ann Rohr expressed opposition to the proposed amendment and discussed issues
associated with the modification, interior noise standard, amplified music, and live
entertainment. She provided letters to Council from concerned residents and urged
Council to deny the appeal.
Shalon Shamblu expressed support for the proposed amendment to the use permit.
Chris Beaufort expressed opposition to the proposed amendment and expressed concern
that the changes might pave the way for the restaurant to operate as a night club. He
stated that the residents are impacted nightly. He clarified that he does not want the
restaurant to close; however, he would like to keep the area tolerable for the residents.
Hamid Alwafati expressed support for the proposed amendments and asked Council to
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allow the owner to make the changes
Summer Wheeler expressed support for the proposed amendment and stated that the
restaurant is a classy establishment.
Keith Kraus expressed support for the proposed amendment and discussed calls made
to the Police Department.
Leann Progberg expressed support for the proposed amendment and stated that the
restaurant is safe and enjoyable.
Dennis O'Neil suggested that Council approve the amendments and allow the Planning
Commission to conduct a six month review. He noted that the applicant attempted to
meet and confer with the residents.
Hearing no further testimony, Mayor Selich closed the public hearing
Council Member Gardner expressed concern that the use permit could be used by
future owners. She questioned the type of live entertainment that would be permitted,
believed that the extension of hours will result in more noise, and indicated that a six
month review is not feasible. However, she expressed support for the proposed lunch
hours on the weekend.
Council Member Henn expressed support for issuing a live entertainment permit with
restrictions, provided that the permit can only be used by the applicant. He
recommended having a 6 or 12 month Planning Commission review and expressed
opposition to the extension of the operating hours.
Mayor Pro Tem Curry agreed that a 1:00 a.m. closing time is too late, expressed
support for the extension of the parking agreement, and believed that the live
entertainment permit should be approved with restrictions.
Council Member Webb expressed opposition to the extension of hours, but expressed
support for issuing a live entertainment permit with restrictions, extending the off -site
parking agreement, and allowing lunches to be served on weekends.
Council Member Daigle suggested that Council strike a balance to allow the business to
survive and flourish while taking the residents into consideration. She also expressed
support for a live entertainment permit and weekend lunches.
In response to Council Member Gardner's questions, City Attorney Hunt clarified that
the use permit does run with the land and stated that Council can require a special
event permit or license outside of the use permit, as long as there are appropriate
restrictions. He discussed different ways Council could allow live entertainment. He
suggested that Council make a motion to uphold the appeal as it relates to the
extension of operating hours, but overturn the decision on the parking agreement and
weekend lunches. He also stated that Council can consider the live entertainment
permit with limitations. Council Member Daigle suggested that decibel levels be
included in the live entertainment permit.
Mr. Zadeh urged Council to grant him the extension of hours and stated that he
is willing to have a trial period, including requiring a Planning Commission review. He
requested that amplified sound be included in the live entertainment permit.
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In response to Mayor Selich's question, Assistant City Manager Wood clarified that a
live entertainment permit will be required and granted to the operator until the
business is sold. She also stated that the City could limit the extent of the live
entertainment and clarified that each individual operator would need to apply for
a permit.
Motion by Council Member Gardner, seconded by Council Member _Webb to a)
adopt Resolution No. 2009 -76 with amendments to the Use Permit No. 1566 to include
weekend lunch and extension of the Off -Site Parking Agreement No. OP2009 -003; b)
uphold the decision of the Planning Commission to disapprove the extended hours; and
c) bring the live entertainment issue back to Council for review.
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
17. NORTH NEWPORT CENTER PLANNED COMMUNITY AMENDMENT
(PA2009 -111) - CODE AMENDMENT NO. CA2009 -005 AND PLANNED
COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2009 -003 -
CONSIDERATION TO INCORPORATE PORTIONS OF BLOCK 100, BLOCK
400, BLOCK 800, AND NEWPORT VILLAGE INTO THE NORTH NEWPORT
CENTER PLANNED COMMUNITY AND A CODE AMENDMENT TO CHANGE
THE ZONING CLASSIFICATION OF THESE PROPERTIES FROM APF, PC -28,
PC -23, AND PC -27 TO PC-56 ON DISTRICT MAP NOS. 48, 49, AND 50. 1100.
20091
Planning Manager Alford reported that The Irvine Company proposed incorporating
their property holdings into a Planned Community.
Dan Miller, The Irvine Company, stated that they are in agreement with the staff
report.
In response to Council Member Gardner's question, Mr. Miller stated that the Block
800 senior housing height was corrected by staff to make it consistent with existing
zoning requirements.
In response to Mayor Pro Tem Curry's question, Planning Manager Alford discussed
view plane issues.
Mayor Selich opened the public hearing.
In response to Barry Allen's question, Planning Manager Alford explained the
placement of the Newport Village Planned Community and pointed out that the bus
station will remain at its current location.
In response to George Jeffries' questions, Assistant City Manager Wood explained that
the General Plan does not include building heights and noted that the rooftop
appurtenances can exceed the building height limit by 20 feet; however, there are no
limits on square footage but a limitation on the range of features. Mr. Miller
explained that the height limit was 375 feet when the Planned Community was created
and was lowered to 295 feet two years ago.
Carol McDermott, Government Solutions, expressed support for The Irvine Company's
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request and requested that 100 Newport Center Drive, 800 and 856 San Clemente
Drive, the Orange County Art Museum, 2071 -2095 San Joaquin Hills Road, 2101 and
2131 San Joaquin Hills Road, and 2161 San Joaquin Hills Road be added to
the Planned Community. She stated that they will work with staff on a separate
application and requested that the square footage not be allowed to be included in Block
100.
In response to Mayor Pro Tern Curry's questions, Mr. Miller stated that The Irvine
Company is okay with adding properties to the Planned Community, using a separate
application. He stated that they are permitted to transfer square footage, as long as it
does not exceed the existing square footage allowed in Block
100. Planning Manager Alford stated that this change would be added to Table
2 (Development Limits) as Footnote C.
Motion by Council Member, Webb, seconded by Council Member Henn to
introduce Ordinance No. 2009 -28 approving Code Amendment No. CA2009 -005 and
Planned Community Development Plan Amendment No. PD2009 -003 with
amendments to Table 2: Development Limits to add Footnote C to read: the maximum
development per Block 100 may not exceed 121,114 square feet and also add transfer
development rights shall be permitted provided the maximum development limit of
121,114 square feet is not exceeded. , and pass to second reading on November 24, 2009.
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
XVII. CURRENT BUSINESS
18. PACIFIC SHORES PROPERTIES, LLC — 492 AND 492'% ORANGE AVENUE,
3309 CLAY STREET — REASONABLE ACCOMMODATION NO. 2008 -001
(PA2008 -181) — RESOLUTION MODIFYING HEARING OFFICER'S DENIAL
WITHOUT PREJUDICE OF REASONABLE ACCOMMODATION REQUEST NO.
5; RESOLUTIONS SUSTAINING HEARING OFFICER'S DENIAL WITH
PREJUDICE OF REASONABLE ACCOMMODATION REQUEST NOS. 1, 2, AND
4, AND APPROVAL OF REASONABLE ACCOMMODATION REQUEST NO. 3.
(681100 -20091
Associate Planner Brown reported that staff prepared resolutions reflecting actions
taken by Council at the October 27 meeting. She noted that Council requested that the
applicant submit an application to Alcohol and Drug Programs (ADP) in order to have a
treatment facility for six or under residents at the Clay Street residence. She
explained the requirements that Council requested and noted that an inspection by the
Fire Marshal resulted in changes.
In response to Council Member Henn's question, Associate Planner Brown stated that
the applicant would have to submit solutions to increase the number of exits.
Dick Nichols believed that the issue sets precedence for other group homes to expand
throughout residential areas and noted that integral homes are not allowed
in residential areas.
Lori Morris expressed concern for the possibility of having a treatment facility, using
the facility for assemblies, and the City's financial liability. She also discussed issues
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with transportation, the building and zoning code, facility nuisances, the property line,
stairways, and exit deficits.
Cindy Koller expressed concern about the responsibility of monitoring the facility and
believed that the City could be liable for the facilities.
City Manager Kiff explained the waiver provision from the ADP. Council Member
Henn clarified that the City is not justifying the operator's financial capacity
but making a determination as to whether they have a financial need for reasonable
accommodation. City Attorney Hunt added that the financial information is a
limitation and group homes cannot receive a reasonable accommodation unless they
demonstrate necessity to the Hearing Officer.
In response to Council Member Rosansky's question, City Attorney Hunt stated
that financial necessity is a part of case law.
City Manager Kiff stated that the conditions attached to the staff report are conditions
that Pacific Shores must comply with in order to operate, indicated that group homes
facilities are not required to be pre - cleared by the Fire Marshal, and explained the
differences in zoning and building codes. City Attorney Hunt clarified that the Fire
Marshal has the right to restrict the use after occupancy has been changed and noted
that Council is requiring them to comply with the building and fire safety codes.
He assured residents that the City is not liable for private property; however, the City
is concerned with health and safety issues.
Motion by Mayor Pro Tern Curry, second_.ed by Council Member. Gardner to a)
adopt Resolution Nos. 2009 -77, 2009.78, and 2009 -79 denying the appeals, and
upholding and affirming the Hearing Officer's decision to deny with prejudice Request
Nos. 1, 2, and 9 of Reasonable Accommodation No. 2008 -001; b) adopt Resolution No.
2009 -80 upholding and affirming the Hearing Officer's decision to approve Request No.
3 of Reasonable Accommodation No. 2008 -001; and c) adopt Resolution No. 2009 -
81granting the appeal and modifying the Hearing Off'icer's decision to deny without
prejudice Request No. 5, and to conditionally grant Request No. 5 of Reasonable
Accommodation No. 2008 -001 subject to the Conditions of Approval in the exhibit.
The motion carried by the following roll call vote:
[dyes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
19. CIVIC CENTER PROJECT UPDATE. [731100 -2009]
City Manager Kiff utilized a PowerPoint presentation which included the additions to
the Civic Center Project, the library addition, relocation of the Emergency Operations
Center (EOC), the parking structure, the various park sections, and community room
options.
In response to Council questions, City Manager Kiff stated that there are 300 seats in
the proposed community room, noted that the goal is to reach LEED silver certification,
and believed that some of the park features are subject to donations.
Council Member Henn suggested that the City not lose track of certain elements of the
project and continue to control contingencies. He believed that the project cannot go
above $105 million and still provide for the othre projects in the facilities replacement
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November 10, 2009
plan; suggested continued reviews and approvals by the Building Committee; and
believed that a $100 million limit is more desirable in order to allow room for
unexpected problems.
Matthew Gudorf encouraged the City to look at using a power - purchase agreement
which will allow roof stand -offs for no capital costs to the City.
Barry Allen expressed appreciation to Council and the designers for not phasing in the
park.
Karen Tringali urged Council to direct staff to clarify whether Federal Emergency
Management Agency (FEMA) funds are jeopardized if the EOC is not an essential
building.
Debbie Stevens expressed appreciation for the efforts to protect the view plane.
Michelle O'Brien thanked Council for their commitment to preserve the view plane.
Gary Stander thanked Council for the EOC but expressed concern for the safety of the
building in the event of an earthquake.
Steve Sandland noted the current positive bid climate, believed that receiving LEED
certification is a good achievement, suggested that staff explore a separate bid package
for the parking structure, and suggested that staff look at the general conditions of the
OASIS Senior Center to base a comparison.
Rush Hill, Design Review Committee, expressed the importance of maintaining
flexibility.
George Jeffries expressed concern about students using the library as a study hall
and the increased parking issues that will occur at the library.
Mayor Selich believed that the Council Chambers and community room should be
separate rooms. Council Member Gardner and Mayor Pro Tem Curry believed that
a community room at the Civic Center is not needed. Council Member Henn directed
staff to clarify certain EOC issues at the November 24 meeting. He stated that the
EOC has ground level egress and believed that a community room is not needed.
In response to Council Member Daigle's question, City Manager Kiff stated that the
EOC will be located on the same floor as the first floor of the library and noted that
there will be more explanation by the designers on November 24. He stated that the
architect could revisit making the community room smaller or eliminating it entirely;
however, he indicated that something is needed in the current location in order to house
the public restrooms.
Mayor Selich stated that Council will discuss the design -build option for the parking
structure with the architects and indicated that the parking structure will work in
tangent with the design of the building.
20. CITY HALL AND LIMITED OFF -SITE HOLIDAY CLOSURE (DECEMBER 24,
2009 AT 12:00 NOON THROUGH AND INCLUDING JANUARY 1, 2010) -
AMENDMENT TO VARIOUS MEMORANDA OF UNDERSTANDINGBENEFIT
DOCUMENTS (C -2051, C -2056, C -2058, C -2059, C- 2060(A), C- 2065(A), C -2932, C-
2946, C-3288,).138/100-20091
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City Manager Kiff reviewed the staff report and added that closing City Hall the week
after Christmas will result in a reduction in leave balances which is a cost savings to
the City.
Motion by _Council Member Henn,. _seconded by_ Mayor. Pro _Tem Curry to
approve the closure of the City Hall complex and provide limited City services at off -site
facilities as determined by Department and approved by the City Manager - notification
to the public of the schedule will be made in order to limit problems with this reduced
service period.
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
XVIII. MOTION FOR RECONSIDERATION - None
XDC. ADJOURNMENT -Adjourned at 11:07 p.m. in memory of Dr. Jan Vandersloot
The agenda for the Study Session was posted on November 10, 2009 at 3:50 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administrative Building.
/ a'14� Y
City Clerk
Mayor
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