HomeMy WebLinkAbout01 - Minutes - 8-9-2005 & 8-11-2005City Council Meeting
August 23, 2005
Agenda Item No. I
CITY OF NEWPORT BEACH
City Council Minutes DRAFT
Study Session
August 9, 2005 — 4:00 p.m.
ROLL CALL
Present: Council Member Selich; Council Member Rosansky; Mayor Pro Tem Webb; Mayor
Heffernan; Council Member Ridgeway; Council Member Daigle; Council Member Nichols
CURRENT BUSINESS
City Manager Bludau introduced Barbara Ramsey, the new Human Resources Director, and
Mark Harmon, the new General Services Director.
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. None.
3. BITTER POINT PUMP STATION — SANITATION DISTRICT
PRESENTATION. [Taken out of order]. [100 -2005]
Mr. Dix Martin with the Orange County Sanitation District, and Mr. Henry De
Jesus and Mr. Eric Lovering with Lee & Ro provided a PowerPoint presentation on
the proposed Bitter Point Pump Station project. The outside representatives and
staff responded to questions of the City Council.
After comments by the City Council, it was decided that the Sanitation District will
need to continue working with the City on the project to address the concerns raised.
2. COMPREHENSIVE SIGN CODE UPDATE AND SIGN DESIGN
GUIDELINES MANUAL. [100 -2005]
Economic Development Program Manager George Berger introduced Mr. Ron
Pflugrath, Director of Planning & Design for RBF/Urban Design Studio and Cathy
Wolcott, contract staff attorney. Mr. Pflugrath provided a PowerPoint presentation
on the Sign Ordinance Update - Design Guidelines. Staff and
Mr. Pflugrath responded to questions of the City Council.
After comments by the City Council, it was determined that the item would return
to the City Council for action at the meeting of August 23, 2005.
Richard Luehrs, Newport Beach Chamber of Commerce, stated that he was involved
with the process and wants everyone to continue to have an open mind and take into
consideration the betterment of the community when taking action on the item.
4. RHINE CHANNEL REMEDIATION PROJECT. Item continued.
PUBLIC COMMENTS - None.
ADJOURNMENT at 5:55 p.m.
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City of Newport Beach
Study Session Minutes
August 9, 2005
The agenda for the Study Session was posted on August 3, 2005, at 2:10 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
City Clerk
Recording Secretary
Mayor
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
August 9, 2005 — 7:00 p.m.
STUDY SESSIONT - 4:00 p.m.
CLOSED SESSION - 6:00 p.m.
A. RECESSED AND REC
B. ROLL CALL
Present: Council Member Selich; Council Member Ro;ansky; Mayur Pro Tem Webb, Mayor
Heffernan; Council Member Ridgeway; Council Member Daigle .Council Member Nichols
C. CLOSED SESSION REPORT -None.
D. PLEDGE OF ALLEGUNICE - Council Member Nichols:
E. INVOCATION - Mayor Heffernan.
F. PRESENTATIONS
Orange County Human Relations'.. Commission Award for Outstanding
Contributions in the Area of Community Oriented Policing to the Police
Department (Teen Academy) -.Pat Krone, OCHR Commissioner, presented the plaque to
Lieutenant Steve Shulman of the Newport Beach Police Department.
Proclamation for Russian National Orchestra Day - Mayor Heffernan read the
proclamation and presented it to Malcolm 44ill.
Proclamation for Tallship Argue 100th Birthday - Mayor Pro Tem Webb read the
proclamation and presented it to.W. o adult Sea Scouts, two Sea Scouts, and two Sea Scouts
from A•ro Denmark, the island in which the Argus was built.
G. NOTICE'fOTHEPL'_31IC.
H.
Council Member Daigle announced that the first Orange County Conference for Women will
be held on September 14 at the Balboa Bay Club. She reviewed the seminar sessions and
stated that people can go to www.ocwomen.org for more information.
Council Member Ridgeway announced that the Get Fit Training Program to train for the
January 8, 2006 Orange County Marathon begins this week. He stated that people can get
more information at www.ocmarathon.com or by calling (949) 476 -7076.
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August 9, 2005
Mayor Heffernan announced the following schedule of meetings: August 11 at 6:00 p.m. -
St. Andrew's Presbyterian Church Expansion; August 16 at 7:00 p.m. - General Plan
Update; August 23 - Regular Meeting; August 30 at 7:00 p.m. - General Plan Update; and
September 13 at 7:00 p.m. - City Hall Financial Plan during the Regular Meeting. He
reviewed the August 11 agenda and discussed the meeting protocol.
I. CONSENT CALENDAR (Items 1 - 10 & S15)
READING OF MINUTES / ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULA�'•`,$TING AND
REGULAR MEETING OF JULY 26, 2005 (100 -2 051. Waive reading of
subject minutes, approve as written and order d
file.
. `Y ,c
2. READING OF ORDINANCES AND RESOLUTIONS! Waive reading in
full of all ordinances and resolutions urw,ii yoeMderation. `aiid direct City
Clerk to read by title only.
ORDINANCES FOR ADOPTION
3. GENERAL PLAN AMENDMENT ,'50. 2004 -006 AND CODE
AMENDMENT NO. 2005 -006 &CASTER DEVELOPMENT
CORPORATION OFFICE EXPANSION, 4200 VON KARMAN
AVENUE (PA2004 -231) (100 - 20051. .Adopt Ordinance No. 2005 -14 for
Code Amendment No. 20D5 oos.
RESOLUTIONS FOR ADOPTION
5. CORONA ,.DEL MAR BUSINESS IMPROVEMENT DISTRICT
RENEWAL' ANNUAL REPORT FOR FISCAL YEAR 2004 — 2005 AND
ADQJ'TION OF RESOLOTION OF INTENTION TO LEVY FOR
SHOftTENEDrFISCAL 1ETjR 2005 -2006 (100- 20051. 1) Approve the
Corona del Mgr Business-impibvement District 2004 -2005 Annual Report;
and 2) adopt Resoluti0a of Intention No. 2005 -41 to levy assessments and
set the. public fiearing for August 23, 2005.
( Or BACTS_4� AGRE_- qwz�
6. AGROMENTe FOR LANDSCAPE MAINTENANCE SERVICES WITH
P-ARK,*EST LANDSCAPE MAINTENANCE, INC. (C -3807) (381100-
20051. !Award the Landscape Maintenance Agreement with Park West
Iandseape Maintenance, Inc. in the amount of $390,315 to provide
land cape maintenance to City parks and facilities; and approve a budget
Y amendment (06BA -007) in the amount of $71,75551.
7. BEGONIA PARK PLAYGROUND IMPROVEMENTS — COMPLETION
AND ACCEPTANCE OF CONTRACT (C -3641) (381100- 2005). 1) Accept
the work; 2) authorize the City Clerk to file a Notice of Completion; 3)
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; 4) release the Faithful Performance
Bond one year after Council acceptance; and 5) authorize the Public Works
Director to approve Change Order No. 2 in the amount of $14,447.33 and
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August 9, 2005
authorize the encumbrance of an additional $14,374.21 and budget
amendment (06BA -005) appropriating the same amount from
Unappropriated BET Fund balance, 270 -3605 to account 7271- C4120724.
8. BALBOA VILLAGE IMPROVEMENT PLAN — PHASE 3, APPROVAL
OF PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS (C-
3527) [381100- 2005]. Approve a Professional Services Agreement with
PSOMAS of Costa Mesa for design services for the Balboa Village
Improvement Plan — Phase 3 at a not to exceed contract p ice of $75,000 and
authorize the Mayor and the City Clerk to execute the a ent.
MISCELLANEOUS ACTIONS
9. APPROVAL OF TASTE OF NSVpPORT' ;s BANNERS —
ENCROACHMENT PERMIT A '2005-0 OIS;,j100- 200, } Conditionally
approve the request of the Newport Bey�Ci1.., t4her of C mmeree for the
installation of 268 banners from August 24, 2005 to Septemb'e'r�3, E005 for
the Annual Taste of Newport (installation (hall be along JamliY ee Road,
MacArthur Boulevard, Westeliff Driyg, San e7Qaquin Hills RSad, Newport
Center Drive Eastf'Alest, Newpurt. CenteT:'.Dtive, Coast Highway and
Newport Boulevard).
10. BUDGET AMENDMENT TO ACCEP- '.,';,A CHECK FROM THE
NEWPORT BEACH IIBRARY FOUNDA' 16WA1'D APPROPRIATE
FUNDS FOR EXPENDITORE. BUDGET FOii FY2005 -06 (100- 2005].
Approve a budget amendment (06BA -006 to increase expenditure
appropriations by $35,000 in twlp'9090.Foiinc3ation accounts and to increase
revenue estimates for the same amount jn :Account No. 4090 -5893.
S15. CITY_ BALL : FUEL :TANK REMOVAL, APPROVAL OF
PROFESSIONAL SERVICES ^ AGREEMENT WITH LEIGHTON
CONSULTING, INC. ("808) (381100- 2005]. 1) Approve a Professional
;!. .
Sen'l - 4greement. with. - Leighton Consulting, Inc. for the removal of
12,000
gallon underground fuel storage tank at City Hall at a not to exceed
contract price of $57,400 and authorize the Mayor and the City Clerk to
execute the agreemeftt; and 2) approve a budget amendment (06BA -009)
appropriating $57,400 from the General Fund Unappropriated Surplus
Fund Balance, 016.3605, to account 7011- C5100874.
Mption by Mayor Pro Tem Webb to move affirmative action of the Consent Calendar,
except for the item rem&ed (4).
The motion carried by the following roll call vote:
Ayes: Council ,Member Selich; Council Member Rosansky; Mayor Pro Tem Webb; Mayor
Heffernan; Council Member Ridgeway; Council Member Daigle; Council Member Nichols
J. PUBLIC HEARING
11. MASTER FEE SCHEDULE (100- 2005].
Administrative Services Director Danner provided the staff report. He noted that
the fee schedule represents an increase of 4.02% which is the CPI increase since last
year. He reported that the only change to the fee schedule is to make the traffic
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August 9, 2005
study fee charged by the Planning and Public Works Departments the same amount
($125 per hour). He announced that this fee schedule deals with over 700 City fees.
Mayor Heffernan opened the public hearing. Hearing no testimony, he closed the
public hearing.
Motion by Council Member Ridgeway to adopt amended Resolution No. 2005 -42
updating the Master Fee Schedule.
The motion carried by the following roll call vote:
Ayes: Council Member Selich; Council Member Rosaq%cy; Mayer Pro Tem
Webb; Mayor Heffernan; Council Member Rid gBwsy; Council Member
Daigle; Council Member Nichols
K. PUBLIC COMMENTS
Jim Hildreth discussed access on The Grand Canal.
L. ORAL REPORTS FROM CITY COUNCIL ON CO ITTEFc-ACTIVITIES
o
Ad Hoc General Plan Update Committee (GPUC) -. Council Member Selicb reported
that the General Plan Advisory Committee (GPAC) r6b6�endations are on the City's
website and will be discussed at the August 16 and August 30 Meetiugs.
Local Coastal Program Certification Committee - Council3Vfember Ridgeway reported
on the issues with the delay of the hearing before the. Coastal Commission and the steps
that have been taken. q
Newport Coast Advisory Committee - Noiie.
Mariners Joint Use Librar Ad Hoc St' aririg Committee - Mayor Pro Tem Webb
reported that he tbur� the ]ibraxy last week.
City Centennial 2006 Committee. -Mayor Pro Tem Webb noted that "Let's Do
Launch" will. be held on Oc. 6ber 2 at the Newport Dunes and more information can be
w
obtained atww.frewPortbeaah100.com or by calling the Recreation and Senior Services
Department.
City CounciUCitizenf Ad Hoc Committee for Marina Park Planning - Mayor Pro
`Tem Webb reported that a meeting will be held in September in which the subcommittee
will provide jzformatioii relative to goals and needs.
V.4
City Counl,;. Acl Hoc Marina Park Advisory Committee - Council Member
Ridgeway repor#.o4 on a meeting with State Lands Commission staff and one of their
attorneys regaxding the Marina Park boundaries and where the high water mark is located.
M. PLANNING COMMISSIONAGEADAAAD ORAL STATUS REPORT
12. PLANNING COMMISSION AGENDA FOR AUGUST 4, 2005 [100 - 2005].
Planning Director Temple reviewed the following Planning Commission items: 1401
Dove Street (PA2003 -120); Domingo Villas, Inc. - 757 Domingo Drive (PA2004 -243);
and an appeal of Modification Permit No. 2005 -049 (PA2005 -082).
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Motion by Council Member Nichols to appeal the Domingo Villas, Inc. project
located at 757 Domingo Drive (PA2004 -243).
Council Member Ridgeway announced that he has a conflict of interest relative to
this project,
The motion died for lack of a second.
N. CURRENT BUSINESS
Ak.
13- CORONA DEL MAR STATE BEACH IMPROVE'fENTS AVPARD OF
CONTRACT (C- 8461). If . 'da
City Manager Bludau requested that Item 14 be discussed prior to Item 13.
Motion by Council Member Ridgeway to discuss ltetn. 14 out oforder.
The motion carried by the following roll call vote:
Ayes: Council Member Selich; Mayor. Heffernan; Council Member
Ridgeway; Council Member Daigle; Council Member NichoLs
Noes: Council Member Rosansky; Mayor Pro Tern *ebb
14. CITY COUNCIL REVIEW. AND DIRECTi6N. '1'O CONSULTANTS ON
CURRENT PL_ANTNING STATUS. O_ F PROPOSED CITY HALL STRUCTURE
AND GROUNDS [100-20051.
City Manager Bludau provided the staff report _and discussed the space needs
assessment analysis. He noted that the focus fcar tonight is the City Hall complex,
pointing out that the parking structure and Fire Station will be discussed at the
August 23 meeting. He reported that a financing presentation will be conducted in
September and they intend to come before Council in October with schematic
drawings and the financing package for Council approval.
Roger Torricro, Griffin Structitrep, utilized a PowerPoint presentation and reported
that detailed concept designs and a budget will be presented at the next meeting. He
discussed the community workshops and the Building Committee meetings.
Rick D'Amato, Griffin Structures, utilized a PowerPoint presentation to discuss the
design, the site plan, the floor plan, and possible enhancements.
Council discussed the site plan, the existing ficus trees, the location of the
entrances, the potential for a sculpture garden, the Fire Station location, the
enhanced alternatives, the One Stop Shop, conference room locations, the
Community Room, the exterior facade, and the building materials.
Dina Gartland, Leighton Consultants, reported on the soil composition and building
foundation options.
Jim Hildreth discussed using solar panels, access issues, emergency exits, and the
location of the parking structure.
Nancy Skinner suggested using solar panels and discussed the different levels of
LEED certification.
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City Clerk Hazkless reported that the public can email their input to
nbeityhall@yahoo.com.
Council Member Ridgeway directed the consultants to look into solar panels.
John Loper, representing the Fritz Duda property next door, spoke in support of the
One Stop Shop and the public outdoor spaces. However, he expressed concern about
the service area on Finley Avenue and its visual impacts from Newport Boulevard.
He noted that they still support the land trade.
It was the consensus of Council that it would be difficult to make a .�dccisions since
this is the first time some of the Council Members have seeriue drawings.
�..
Council Member Ridgeway suggested letting the Building CoMutOttee move forward
and stated that the Finley Avenue issue needs to b. re'eplced quickly. City Manager
Bludau stated that he and the architect can meetwitli "tvvo Coun mbers at a
time to discuss the plan more in depth.
Council Member Daigle said that the fufictionality.at Finley Avenue needs to be
worked out in conjunction with the neighboring property and requested that the
square footage be in sync with future commur`nty Weds.
.ti
Council requested and received ,a copy of the PowerPohitpresentation.
Mayor Heffernan recessed the meeting st.10:11 p.m. and,'reconvened the meeting
at 10:245 p.m. with all members of "4' agt.
13. CORONA DEL MAR STATE: BEACH INJPROVEMENTS — AWARD OF
CONTRACT (C -3461) 13V100- 24 5f.
City Manager Bludait,pro�icied the staff report and presented a PowerPoint
presentati0a.''.. "• '
Council Member Nichols eapraaied the residents' concern with the beach becoming
overused, the desire for more sand, and his concern about the lifeguard tower and
concession- building. City Manager Bludau noted that the building will also be used
for storage and pro�ide for riiin mal medical needs.
Mayor Pro Tepj,"'ebb spoke in support of awarding the contract at this time and
expressed concern with the 10% contingency fee and suggested changing it to 5 %.
.6
ViQti D4ayor Pro Tern Webb to 1) approve the plans and specifications for
Beach T A,
$5egs Trail Repair at Inspiration Point and for Corona del Mar State Beach
Improvements; 2) approve a budget amendment (06BA -008) appropriating $29,648
from Contributions, 7251- C5100569, to be reimbursed when FEMA funds are
received; 3) approve a budget amendment (06BA -008) appropriating $3,049,552 to
account 7011- C5100569 representing the General Fund contribution to the project
(of this contribution, which includes an allowance for unforeseen work, $3 million is
proposed to be utilized from existing Capital Improvement reserves while the
remaining $19,904 would come from Unappropriated General Fund Surplus Fund
Balance); 4) award the contract (C -3461) to Weeger Bros., Inc. for the total bid price
of $3,945,000 and authorize the Mayor and the City Clerk to execute the contract;
and 5) establish an amount of $200,000 to cover the cost of unforeseen work, which
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represents a 5% contingency fee.
Council Member Selich expressed concern with taking $3 million from the Capital
Improvement Program (CIP) reserve and suggested phasing the improvements.
City Manager Bludau reported that increasing the parking lot fee to $10 will result
in a $180,000 increase in revenue a year. Council Member Rosansky noted that the
City could have a two tier parking fee structure for weekdays and weekends.
Council Member Daigle spoke in support of the project and'!investing in the
infrastructure.
' �,
Regarding the concessionaire building their own structu�e,,Pubhc Works Director
Badum noted that the community does not want a yea r-zountl Lorin scion vendor.
. i
Council Member Selich indicated that he will not be,suoRorting the motion because
he believes that there are other alternatives and dY la`uot responsible io take that
much money from the CIP reserve.
The motion carried by the following roll . call vote'
Ayes: Council Member Rosansky; Mayor Pro Tern Webb; Mayor Heffernan; Council
Member Ridgeway; Council Member Daigle
Noes: Council Member Selich; Council Member Nichols ,
O. ITEMS REMOVED FROM THE CONSE`dT CALENIE 4R z
4. ORDINANCE RESTRICTING TRUCKS ON itIi1GE PARK ROAD [I0012005].
Council Member Nichols suggested restricting this to only school time. City
Manager Bludau noted that school Sometimes lets out at different times and there
is no way to notify the contractors and bold them accountable. He noted that the
ordinance has a three year sunset clause.
Motion by jliayor'Pro Tern We b to adopt Ordinance No. 2005 -15 adding Section
12.32.022 to the N'BMC to establish a vehicle weight limit of eight thousand (8,000)
pounds on Ridge Park Road between Newport Coast Drive and Vista Ridge Road.
The motion cariied by the following roll call vote:
S. '.
Ayes: Council ','A4ember Selich; Council Member Rosansky; Mayor Pro Tem
Webb; Mayor ieffernan; Council Member Ridgeway; Council Member Daigle
Abstain: Council Member Nichols
P. MOTION FOR RECONSIDERATION - None.
Q. ADJOURNMENT - adjourned at 11:07 p.m. in memory of Roman Gomez to
Thursday, August 11, 2005 at 6:00 p.m- [St. Andrews Presbyterian Public Hearing].
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The agenda for the Regular Meeting was posted on August 3, 2005 at 2:10 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 August 5,
2005 at 12:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
City Clerk
Recording Secretary `-
r
Mayor
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CITY OF NEWPORT BEACH
City Council Minutes
Adjourned Regular Meeting
August 11, 2005 — 6:00 p.m.
A. ROLL CALL
DRAFT
Present: Council Member Selich; Council Member Rosansky; Mayor Pro Tem Webb; Mayor
Heffernan; Council Member Ridgeway; Council Member Daigle; Council Member Nichols
B. PLEDGE OF ALLEGIANCE - Council Member Daigle
C. INVOCATION — City Manager Bludau
D. PUBLIC HEARING
1. ST. ANDREWS PRESBYTERIAN CHURCH EXPANSION (PA2002 -265) —
GENERAL PLAN AMENDMENT, ZONE CHANGE & USE PERMIT — 600 ST.
ANDREWS ROAD, CLIFF HAVENINEWPORT HEIGHTS AREA. [68/100-
20051
Mayor Heffernan requested that the audience members divide themselves in the
Council Chambers, with opponents to the project seated on one side of the room and
proponents on the other.
Mayor Heffernan read an outline of how the current meeting would be conducted.
Mayor Heffernan and City Clerk Harkless explained how public testimony would
take place at the current meeting.
Representing the applicant, Ken Williams, Chair of the Building Committee at St.
Andrew's Presbyterian Church, used a PowerPoint presentation to provide an
overview of the project's history.
Using a PowerPoint presentation, Brad Hillgren, St. Andrew's church member and
President of a Lowe's Enterprises segment, provided land use information on the
project.
Carl McLarand, President ofMcLarand Vasquez Emsiek and the architect for the
St. Andrew's project, provided information on the design of the project.
John Rochford, President of Snyder Langston, the contractor for the project,
discussed additional aspects of the project.
Representing the opponents to the project, Brian Brooks, President of the Cliff
Haven Homeowners Association, introduced the individuals who would provide the
presentation on behalf of those opposed to the project.
Using a PowerPoint presentation, Don Krotee, President of Newport Heights
Improvement Association, provided the reasons why the project should be denied
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and why there is opposition to its proposed size.
Bill Dunlap, representing the Cliff Haven residents, discussed the unique
character of the neighborhood.
Senior Planner Jim Campbell noted the memorandum that he distributed prior to
the start of the meeting and explained that it describes the formatting changes that
need to be made to the mitigation and monitoring reporting program.
Rob Coldren stated that it was bis law firm that conducted the traffic studies
referred to in the presentation given by Mr. Krotee.
Mayor Heffernan explained the procedure that would be followed for giving public
testimony.
City Clerk Harkless randomly drew three speaker cards from the cards submitted
by the members of the audience, as would be done throughout the public testimony
period. (The cities where the speakers live will be provided in these minutes, if
given by the speaker and if not in Newport Beach).
Eleanor Rebard spoke in opposition to the project.
Novell Hendrickson spoke in support of the project.
Nigel Bailey spoke in support of the project.
Mike Mendenhall spoke in opposition to the project.
Mel Kiddie spoke in opposition to the project.
Meredith Cox, Cerritos, spoke in support of the project.
Marion Pickens spoke in support of the project.
Merideth Fleener spoke in support of the project.
John Lehman spoke in support of the project.
Dave Davis spoke in support of the project.
Bill Dunlap spoke in opposition to the project.
Jake Easton spoke in support of the project.
Frank Adler spoke in opposition to the project.
Evangeline Burtch- Farrell spoke in support of the project.
J. J. Frei spoke in support of the project.
Karen Taillon spoke in support of the project.
Kelly Hillman spoke in support of the project.
John Manchester spoke in support of the project.
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Tom Billings spoke in opposition to the project.
Jann Dunlap spoke in opposition to the project.
Camron Holmes spoke in support of the project.
Barbara "Corki" Rawlings spoke in opposition to the project.
John Sturgess provided a handout and spoke in opposition to the project.
Erick Coughlin spoke in support of the project.
Heather Somers, Costa Mesa, spoke in support of the project.
Joan McCauley spoke in opposition to the project.
Bill Simons spoke in support of the project.
Tim Woodall spoke in opposition to the project.
Shannon Forsythe spoke in support of the project.
Judy Tracy spoke in support of the project.
David Ow, Costa Mesa, spoke in support of the project.
Kim Jansma spoke in opposition to the project.
Harry Hamilton spoke in support of the project.
Rob Coldren spoke in opposition to the project.
Katie Wahrenbrock spoke in support of the project.
Madison Kawakami spoke in support of the project.
Ron Hendrickson spoke in support of the project.
Waverly Lassila displayed a map showing the results of a neighborhood poll and
spoke in opposition to the project.
Jessica Ludwig spoke in support of the project.
Lucy Pantoskey spoke in opposition to the project.
Jim Johnson spoke in support of the project.
Dave Rockness spoke in support of the project.
Monica Mazur spoke in opposition to the project.
Heather Hogle spoke in opposition to the project.
Kristine Arnold, Costa Mesa, spoke in support of the project.
Nancy Kiddie spoke in opposition to the project.
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Neal Wells spoke in support of the project.
Jill Kanzler spoke in support of the project.
Donna Scott spoke in opposition to the project.
Donna Rutherford spoke in opposition to the project.
Don Krotee spoke in opposition to the project.
Cory Adler spoke in opposition to the project.
Ernest Adams spoke in opposition to the project.
Phil Willms spoke in opposition to the project.
Pam Davies spoke in opposition to the project.
Carol Blanchard, Leisure World, spoke in support of the project.
Philip Bettencourt spoke in support of the project.
Bill Davies spoke in opposition to the project.
Amy Tennyson, Costa Mesa, spoke in support of the project.
David Grant spoke in opposition to the project.
Jim Carmack spoke in opposition to the project.
Tom Starr spoke in support of the project.
Jon Marcbiorlatti spoke in support of the project.
Lynda Adams spoke in opposition to the project.
Tom Cullis presented photos of homes in the neighborhood displaying "No
Expansion' signs and spoke in opposition to the project.
Lisa George spoke in opposition to the project.
Mayor Heffernan recessed the meeting at 10:11 p.m.
Mayor Heffernan reconvened the meeting at 10:26 p.m. with all Council
Members present.
Jeff Martin spoke in opposition to the project.
James Robertson spoke in support of the project.
Rick Liebermann spoke in opposition to the project.
Allan Beek spoke in opposition to the project.
Jim Connelly spoke in opposition to the project.
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Carrie Slayback spoke in opposition to the project.
Judy Johnson spoke in support of the project.
Steve Johnson spoke in support of the project.
Larry Porter spoke in opposition to the project.
Vince Roman spoke in support of the project.
Sheryl Roman spoke in support of the project.
Patricia Courteau spoke in support of the project.
Willard Courtney spoke in opposition to the project.
David Guider spoke in support of the project.
Portia Weiss spoke in opposition to the project.
Debra Schulze spoke in support of the project.
Dick England spoke in opposition to the project.
Louis Matteson spoke in support of the project.
Jan Vandersloot spoke in opposition to the project.
Mr. Krotee provided the closing statement for the opponents to the project.
Dr. John Huffman provided the closing statement for the proponents of the project
and played a short video.
Mayor Heffernan confirmed with the proponents that they agree to the 82 conditions
set on the project by the Planning Commission and have no requests for changes.
Senior Planner Campbell responded to the substantive statements made during the
public testimony by Mr. Krotee and received in writing, earlier in the day, from
Comprehensive Planning Services on the Environmental Impact Report (EIR); and
concluded that the analysis in the EIR is valid and that the EIR can be certified.
Planning Director Temple responded to another speaker who stated that certain
sections of the EIR are flawed or inadequate, but didn't provide a reason or present
evidence to support the comment. She explained that comments of that nature are
given little credence by the California Environmental Quality Act (CEQA).
City Attorney Clauson confirmed that the City Council would not be setting a
precedent under the Religious Land Use and Institutionalized Persons Act
(RLUIPA) if it approved the project, as indicated by an earlier speaker.
Council Member Nichols provided his comments on the project; noting that the
church has agreed to the 82 conditions set by the Planning Commission and shown
remarkable compromise. He addressed several of the concerns raised by the
residents. He felt that the project was a good one.
Senior Planner Campbell reported that staff has no comments or changes to the 82
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City of Newport Beach
City Council Minutes
August 11, 2005
conditions of approval set by the Planning Commission
Mayor Pro Tem Webb provided his comments on the project; and noted the
importance of placing greater consideration on the concerns of the nearby
neighbors. He expressed several concerns, and suggested that if the project is
approved that the building that houses the gymnasium not encroach into the
parking lot, as proposed, and that the evening occupancy numbers be decreased.
Council Member Ridgeway provided his comments on the project; noting his
satisfaction with the conditions set on the project by the Planning Commission. He
stated that the conditions are stringent and can be enforced. He felt that the project
would benefit the neighborhood, as well as the community at- large, but that he
could support a smaller project, as recommended by Mayor Pro Tem Webb. He
agreed that the functions do appear that they could be accommodated in a smaller
building.
Council Member Rosansky provided his comments on the project; noting the
numerous amount of communication received on the project and agreeing that the
emphasis needs to be placed on the concerns expressed by the local community. He,
additionally, expressed his support for the good work done by St. Andrews and felt
that the project would provide a benefit to the community. He supported the project
being approved, but at a reduced size and with reduced occupancy limits.
Council Member Nichols provided additional comments on the project, and
expressed his support for the details included in the project, the intentions of the
proponents and their acceptance of the conditions set by the Planning Commission.
Council Member Daigle provided her comments on the project; expressing her
support for youth programs, as well her understanding of the neighbors concerns for
traffic. She stated that solutions to improving quality of life need to be looked at
comprehensively. She expressed support for moving forward with a smaller project
and one that will benefit the community.
Council Member Selich provided his comments on the project; noting his experience
with addressing the issue as a Planning Commissioner and the attempts to reach
resolution. He suggested that multiple uses within the facility be increased, which
would allow for a smaller project. He additionally noted that the parking ratio was
one of the more controversial decisions that had to be made by the Planning
Commission, with a 1:3 ratio finally suggested. He stated that his own research
suggests that it should be lower, and expressed support for looking at a smaller
facility, as well as reducing the parking ratio and tying occupancy to parking.
In response to questions of the City Council, Planning Director Temple explained
that the City's parking standard for churches is based on occupancy in the main
sanctuary. The Planning Commission took into consideration the total occupancy of
all facilities at the site.
Mayor Heffernan provided his comments on the project; expressing his concern for
how contentious the issue has been and his dissatisfaction that the representatives
of St. Andrew's and the neighborhood could not reach a compromise. He stated that
they need to get along and suggested that the St. Andrews representatives again
consider their proposal.
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City of Newport Beach
City Council Minutes
August 11, 2005
Mayor Heffernan recessed the meeting at 12:15 a.m.
Mayor Heffernan reconvened the meeting at 12:42 a.m. with all Council
Members present.
Mr. Hillgren expressed St. Andrew's understanding that the primary concern
appears to be one of intensity of use and stated that St. Andrew's is prepared to
make modifications to how the occupancy at the facility is managed. Specifically, he
stated that St. Andrew's could agree to a limit of 400 occupants two evenings a
week, 600 occupants three evenings a week and 1200 occupants the other two
evenings of the week. Additionally, regarding the design challenges, Mr. Hillgren
stated that St. Andrew's goal would be to reduce their request by 2,000 feet to
roughly 19,000 square feet. Additionally, St. Andrew's agreed to increase the
number of parking spaces provided to the students on the weekdays from 35 to 80.
Lastly, Mr. Williams stated that St. Andrews is willing to cap any future requests
for additional square footage on the existing property if the approved square footage
is something that St. Andrew's can work with.
Council Member Rosansky felt that 19,000 square feet was still too big, and that the
church's stated need for creating a youth and family center could be accomplished
within a smaller facility. Additionally, he wanted to see the promise to cap future
requests formalized and more than 80 parking spaces devoted to the school. He
expressed satisfaction with the stated occupancy limits.
In response to Council Member Selich's question, Mr. Hillgren stated that
the church is not prepared to limit Sunday morning occupancies.
Council Member Nichols stated that the church has compromised enough, and more
than should be expected.
In response to questions by the City Council, City Attorney Clauson stated that
without a development agreement, there would not be a way to formalize a
permanent cap.
Council Member Daigle expressed her support for the occupancy limits suggested by
the church, but preferred to see something between 10,000 and 19,000 square feet.
Council Member Ridgeway reminded everyone that there is a community -wide
benefit to the project, but also felt that 19,000 square feet would not be supported by
the City Council. He suggested that 15,000 could possibly be supported. Mr.
Hillgren asked for some additional time for the St. Andrews representatives
to consider the issue.
Motion by Council Member Ridgeway to adopt Resolution No. 2005 -43
certifying the Environmental Impact Report and adopting a Mitigation Monitoring
Program, with the formatting changes recommended by staff, regarding the St.
Andrews Presbyterian Church expansion project (State Clearinghouse No.
2003081065.
In response to questions by the City Council, Planning Director Temple confirmed
that the CEQA process allows the City Council to approve a project that is
something less than identified in the EIR.
Ayes: Council Member Selich; Council Member Rosansky; Mayor
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City of Newport Beach
City Council Minutes
August 11, 2005
Heffernan; Council Member Ridgeway; Council Member Daigle; Council Member
Nichols
Noes: Mayor Pro Tern Webb
Motion by Council Member Ridgeway to introduce Ordinance No. 2005 -16
approving Code Amendment No. 2003 -002 rezoning the St. Andrew's Presbyterian
Church site; and adopt Resolution No. 2005 -44 approving General Plan Amendment
No. 2003 -001, as amended to approve an additional 15,000 square feet, and Use
Permit No. 2002 -056 for the St. Andrew's Presbyterian Church expansion project, as
amended to limit evening occupancy after 6:00 p.m. to 400 occupants two evenings a
week, 600 occupants three evenings a week and 1200 occupants two evenings a
week, a provision for providing Newport -Mesa Unified School District with 85
parking spaces on site, and a permanent cap of 119,440 gross square feet on the
existing property.
Mr. Hillgren stated that the St. Andrew's representatives will ultimately need to
decide if the project can still be done.
Ayes: Council Member Selich; Mayor Heffernan; Council Member
Ridgeway; Council Member Daigle; Council Member Nichols
Noes: Council Member Rosansky; Mayor Pro Tern Webb
E. PUBLIC COMMENTS - None.
F. MOTION FOR RECONSIDERATION - None.
G. ADJOURNMENT at 1:18 a.m. on August 12, 2005, to Tuesday, August 16, 2005, at 7:00
p.m.
The agenda for the Adjourned Regular Meeting was posted on August 5, 2005 at 12.30
p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Recording Secretary
Mayor
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