Loading...
HomeMy WebLinkAbout01 - Minutes - 11-14-2006November 28, 2006 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session November 14, 2006 — 4:00 p.m. ROLL CALL Present: Council Member Curry, Council Member Selich, May��4ebb, Cecil Member Ridgeway, Council Member Daigle, Council Member Nichols Excused: Mayor Pro Tem Rosansky L CLARIFICATION OF ITEMS O QONSENT CALENDAR. y Council Member Nichols stated that he pull Item #3 from the evening agenda so staff can provide a brief staff r rt. City Manager Bludau repo Item #11 w' continued to the meeting of November 28, 2006. 2. GENERAL DREDGING PE IT. Harbor Manager s ' , er, .through tie use of a Powerpoint presentation, explain what a Regional G' al Permit No. 54 (RGP) is and it's importance to the opera n of Ne ort Harbor. H oted that it is. a programmatic permit whereby local prope wners an apply to the 'ty for permission to dredge within their dock area and accomplis rt- ng rep and replacement projects on their docks. He further ed t oces or the granting of RGP permits. The goal is to get a one t ound time o its, however for the first six months or so it may take longer. Ross r explained the history of the RGP and noted that initially the term for an RGP w :_10 yea - owever the last three issuances has been only for 5 years. He noted that new this p it is the inclusion of residential dock repair and replacement projects, whi hope an be expanded to include commercial docks in the future. The dock repairs d replacement program is limited to a three year trial period. He further 7a,h,explained wht was involved in the renewal of the RGP -54, which began in October 2004 d highligh, _ d the steps performed to get to this point. Mr. am�ler noted that a milestone was hit with the permanent designation of the LA -3 disposte in January 2006 and further explained the issues around the disposal of fine graine&'material at LA -3. Due to the slightly higher level of Mercury concentrations, the Corps and the EPA would not allow any disposal at LA -3 from the western half of the harbor. Based on these issues and the pending sampling and analysis plan, the permit was issued with some exceptions. The final permit was issued by the Coastal Commission on October 12, 2006. He further reviewed the general dredging requirements and pointed out that dredging operations authorized in this permit are limited to the areas with existing authorized docks or bulkheads in the Upper and Lower Newport Bay. He further explained the limit on dredging quantities, the methods for disposal, and the depth limitations. He explained that there are some areas (the Rhine Channel, Newport Island, Promontory Bay Volume 57 — Page 834 City of Newport Beach Study Session Minutes November 14, 2006 areas and the West Lido Channel) that are not eligible for dredging under this RGP, however those areas may become eligible depending on the results of further analysis. Mayor Pro Tern Rosansky joined the meeting at 4:14 p.m. Mr. Rossmiller discussed the permit conditions for dock repair and replacement and noted that it is limited to bulkhead repairs and minor modifications, however all bulkhead work requires separate review by the Coastal Commission staff. Replacement of piers, docks and gangways is allowed in -kind and in the existing alignmentnly concrete piles or steel piles with a non -toxic coating are authorized; and there special water quality protection measures written into the permit. Mr. Rossmiller explained that all projects, d or ng, must be surveyed for the presence of eelgrass within the project footp J and out to y feet in all directions from the proposed project footprint. He furthe>plained the limi *ons on the permit where eelgrass is found 15' or less from the p osed roject footprint the new requirement that pertains to dredging projects wh the dyed material will b ced on a beach. Mr. Rossmiller reviewed the presen to monitor the project area for Caulerpa a very invasive plant. He explained that and is very hard to kill ' aquarium, a= that it covers the entire ttom very be transported. It can be uttir chlorine gas under the tarp f sever ;rass during construction the requirement explained the need to react t ' it quickly as it is ulerpa is a plant used in salt water aquariums as in the bay environment. He explained tm ` y and noted the different ways that it can a on the harbor bottom and injecting Mr. Rosemiller noted that tb permit a reporting requirements and they are working w'tctors in the arb develop sand procedures that will be easy to work Age a are now f ng the national standards and applying them to the RGP f he first ime. He point out that there are new requirements that will have to be follo such monitoring eve'ddump scow throughout the disposal trip to LA -3, which ca '1 d GPS with realhime reporting. nce a costs pd Rossmiller reported that over the five year life of the permi Ci process abo 200 dredging permits and about 550 dock repair and replacem pe The cost of the permit, including staff time, is about $650,000, which is about $ per p it. The dock permits skew the cost down and without the dock permits it w d coat a t $3200 per permit. Right now a dredging Permit is $489 and the dock repair a replace nt is based on project valuation and is about $600. He noted that consultants currently reviewing the fee schedule. Vt has at the RGP is more detailed and protective of the Newport Bay environment en in the past. The eelgraes related relationships have historically reduced dock replacement and dredging projects that can be performed. The grant to rbor Area Management Plan will help alleviate the impact and with the new forms and procedures to implement the project, the service to the waterfront residenta will be improved. He indicated that staff is preparing a Request for Proposals (RFP) for consultants to work on the Harbor Area Management Plan. A contract has been issued to plant the mitigation banks after the storm season in order to sell mitigation credits to property owners in the harbor so they can do projects under the RGP in the future. He explained that the local small project dredging permit and dock repair permit is part of comprehensive program of Volume 57 - Page 835 City of Newport Beach Study Session Minutes November 14, 2006 sediment management, which will include source control in the watershed, flood control basin cleanup, Upper Newport Bay basin dredging, Rhine Channel remediation and Lower Bay dredging of federal navigation channels. In response to questions by Council, Mr. Rossmiller explained the difference in dock maintenance and dock repair and what can be permitted by the City. Tim Collins, Harbor Commissioner, shared his observations jtom the Coastal Commission hearing and noted that the working relationship betZs a two staffs is at an all time high. He reported that he advised them that the city turn later with a Harbor Area Management Plan. He thanked staff for their work on ject. Mayor Webb complimented staff on getting Council Member Ridgeway commented a . the advance and permitting issues since the establis t of the Harbor staff and the commission for their workmen` this tiect. 3. OCEANFRONT ENCR( COUNCIL POLICY L -12. process. made on water quality ssion and complimented POINT AND Utilizing a PowerPoint p esentation, Assi nt City Manager Kiff explained that staff is discussio o' how far the Is '_ a encroachments should go. He distributed copies of a reso on ado ted in 1991 ( ). The Council allowed landscaping on City property, that it decla as considered to a an encroachment. The same language is also reflected in there ntly proved LCP's 1 ,use plan, however the language is somewhat different (more ge a to interpre One of the issues to be determined is what should be bar e Wha ended has o e acceptable to the Coastal Commission and consistent as the implementation plan is going before them. He further ' m - is re ` with the P, e explained t t e ncr ent fees are not an issue tonight, however he explained what the fees are to used four. Kiff provided a history of Council Policy 1-12 dating back to 1989 when. he Co 1 formed a citizens advisory committee and approved recommendat ns of the committee in October of 1990 as Amendment No. 23 to the land use elan of the P, which was approved by the Coastal Commission in June of 1991. He Ldoption of Policy L -14. looking for Council to pr ' oceanfront at Balboa Pem int (BPP). explained the issues (landscaping and handscape encroachments) d n at the h ape improvements are clearly not authorized by Council Policy improvements oceanward of handscape vements direction on w are called "private improvements" on the -12. He that at P some properties have landscape propert ty forty feet or more and some have ocean and feet of roperty lines. In 1991 there were no f insi chment zone, landscaping that may not be pre-1991. �r Mr. s r0orted that Section 2.(b). of Resolution 91 -80 states that the City holds both a street ement and fee title to the property that is being encroached upon, which is differenCthan West Newport. He noted that at the time the Council considered doing a survey at a cost of $300,000 to identify title, however decided not to and instead adopted this resolution as a comprehensive solution. City Attorney Clauson provided further information on the full title search and noted that the policy came about as a settlement approved by the Coastal Commission to resolve any conflicts over who owns the property and to avoid the expenditure of additional money. Mr. Kiff explained the importance of remembering what the Charter says about the sale of Volume 57 -Page 836 City of Newport Beach Study Session Minutes November 14, 2006 waterfront or beach property, however noted that City -owned property can be leased as long as the lease is limited to the term permitted by law. He went on to explain how the four feet, the Charter and the encroachments interact, noting that the 4' of hardscape is an encroachment on City -owned property and the Charter prohibits the sale of beach property without a vote of the people. If these 4' encroachments are to stay, the Council may be able to lease these properties per the Charter and the remaining BPP encroachments may be able to be leased. He showed slides of the encroachments on the properties at 1504 and 1520 East Oceanfront and noted that the property owrs have placed important infrastructure improvements on City -owned property. P _ng out the areas on a map, he showed a recent survey done by Public Works which sbAs the property lines, the four foot encroachments (walls), and noted that it is a fairly cgoftent line. Staff clarified that the first block is where the Wd encroa ents are and noted that staff has not checked to see if permits were ob ed for thew (or determined if building permits were required). It was clarifie t encroachment its would be required, however based on the height of the wa uild permits may not _required. A Mr. Kiff indicated that staff is loo r ance from Council abouf t should be done with hardscape inside the no encroa V zone and based on the City arter whether a lease is required. He also questioned h to deal with landscaping encroachments and whether a lease would be quired. He stat hat whatever the Council recommends must be acceptable to the Coas mmieaion and istent with the newly- approved LUP to the LCP, the pending Imp le a Plan and t V -,ity Charter. Mr. Kiff reported that staff iAreo the residents and Coastal CAnn improveme stay via a lea For the step g. Those opti allow* is ently there no p urized gatiZ ing annual whic woul to improve li` la s to cv Lxar 2nannhat th until authorize staff to work with ua erm th e existing 4 feet of hardscape ' and then pursue a number of options ald include setting an oceanward landscaping limit; via a lease; permitting new native landscaping with is use of the landscaped areas; and establishing an ase public access, maintain beach improvements and ate staff would come back to Council with proposed LCP, which may not be the same revision as The Coun discuss he easement areas and Mr. Kiff stated that staff believes the City owns all of proper ceanward of the property lines, which is distinctly different from what happen in West ewport in 1991. Mayor Pro T Rosansky raised the question about whether any new policies that are %rafted will a ply to other areas of the City, noting that there are issues in other areas of the that h not been resolved. One of the definitions that needs to be looked at is what is conslred o be an encroachment and what is acceptable landscaping and ground cover. Responding to Council, Mr. Kiff explained that the Coastal Commission, in exchange for permitting encroachments, may require things such as: extending the boardwalk to the tip of the Peninsula; extending the boardwalk to the Santa Ana River; requiring the City to add public restrooms at the Wedge; improving street ends in Peninsula Point to provide better access and parking; and coastal dune habitation restoration. Jim McGee, representing a citizens group of BPP homeowners, said he worked with the residents to draft changes to Policy L -12. Based on their research, he provided Council with a historical context and noted that some of the encroachments went back to the late 1970's. Volume 67 - Page 837 City of Newport Beach Study Session Minutes November 14, 2006 He noted that surveys were done in 1985 and 1989 and the purpose was to delineate the exact encroachments, which were described as landscaping, bushes, trees, irrigation, etc. He stated that he believes the city has known about these encroachments for over twenty years. He noted that the BPP was excluded from the L -14 policy. He provided details of Amendment No. 23 that was approved by the Coastal Commission and noted that L -14 was adopted to implement Amendment No. 23 to the LUP of the LCP. Mr. McGee addressed the details of the 1991 letter that waslht out by the City to the BPP homeowners and explained the importance of the letter. provided details of the contents of the letter, explained the inspection that took place a noted that the residents were told there were no encroachments and they could keep t they had. Over the last twenty years the City has been on notice and there hageen "" " enforcement action taken. The proposed amendment that was submitted see reco the historical chronology and also provides the BPP homeowners with same rights oceanfront owners in the remainder of the city. It would w for a unive policy for all of the oceanfront, would generate revenues give c fort to homeown who are selling today or in the future regarding disclos Mr. ee further discusse a hardscape issues with the first six residences south tre '. He stated that those enc ents were not in place in 1991 but they believe that a period of 25 years the sam roperty line has been maintained. He noted that there is no in the current that talks about whether the groundcover has to be of a 1991 vintage 't is silent, so rgument can be made with the Coastal Commission that this wa appr the Co Commission when they adopted Amendment 23 and the curr t version istent that. He said the residents hope the City will be the advocate r them. s opt i g an amended policy would be the fair thing to JpsoZ ed the rica nditions have existed for the past 15 -20 years, and it m aqy re ents that the Coastal Commission might extract from the Cit nd nts. In reap a to (until Member Rieway, Mr. McGee conceded that it would be easier to defend th nd to the Coss1, Commission than the hardscape. Discussion ensued en nt h r or not the hardscape was identified at that time, owe since surveys wer vided to the Coastal Commission, an argument can be made th 'hey a oved what they did with full knowledge that the encroachments were there and ere wa o effort made to accept the amendment with a condition that the hardscape b emoved. Council Memr Ridgeway said he doesn't have a problem with the landscaping but it is much more dicult to be an advocate on the hardscape issues. areor Webbtated that based on the recommended policy it appears that the homeowners . ues, g that they be allowed to have encroachments in the 15 feet in front of their house' to West Newport, under some sort of fee or lease arrangement. Mr. McGee stated that it is his belief that under the existing L -12 policy and the existing LCP that the vast majority of what is called an encroachment is landscape and is permitted by City policy and the Coastal Commission. He said of the 81 lots in BPP about 70 have encroachments and the vast majority are the variety of encroachments that the Coastal Commission or the City don't have a problem with and appear to be consistent with today's rules and in 1990. The Council and Mr. McGee discussed the fact that most of the encroachments in West Volume 57 - Page 838 City of Newport Beach Study Session Minutes November 14, 2006 Newport are exclusionary and Mr. McGee stated that they are not suggesting that the areas be fenced off or made exclusionary. He noted that his clients said it gets used by the public now and has been historically. City Attorney Clauson noted that there may not be a need to go back to the Coastal Commission if it is determined by looking at the 1991 approvals and the policy that there are only a handful of hardscape encroachments and the rest is landscaping. City Attorney Clauson advised the Council that the estop and waiver issues don't apply and staff verified that the City owns the property to mean high tide and the rest is tidelands. She suggested that staff work with Mr. ee and have him and his clients do the majority of the leg work on this issue. Bob Halford stated that he is adamantly that all residents would like to be able to walking in that area when he was told sidewalks, restrooms, etc. and the Ci evil and lease the property. He quest' d b lease, and what will happen to the build the sidewalk. )pod to givin ,.a,. ay city property and noted 6e encroachments_ `He described his experience leav He noted that a residents don't want be _ g a serious mis if they approve this uch the leases would the length of the the Coastal Commission a the City has to Mel Blumenthal addresse a concerns abo ublic access and noted that he bends over backwards to allow access" the public i racted to the aquarium and artwork on his property. Nancy Perry stated that she owns one of _ropes in question. She said this is not something that was malicious)yilanne get anfront property. Ron Ch sal he uses the he purchased three years ago for movie shootings and 1 of the eople who he ed to love the landscaping, etc. He said he has permits for a e trees a4d everything he d to enhance the area. Michael c t the few tomes that have the same line 3.4 feet are not the only s wi dsca Wye some others outside the 1500 block of Oceanfront. Since ose the remov the dunes in West Newport, residents have been on top of this iss d Jim McGee to represent them. Council Me er Ridg said he likes the direction recommended by staff, however he prefers that a City t take an advocacy position and let the residents take it to the Coastal mission. He reiterated that the City has a policy that was established in ,1991. If ther is information prior to 1991 that the encroachments were there, there is an 'ty argumnt that they should remain. He stated the need to focus on what needs to go to stal, v ich appears to be just the structural items. Mayor b stated that he thought Mr. McGee indicated that the BPP residents might like to have the same type of opportunity for that 15 foot area that was given to the West Newport Beach area with some sort of fee/lease arrangement. Mr. McGee indicated that they want to have historically what is allowed now, but include in the L -12 policy the opportunity to join with West Newport and have the ability to have the encroachments for a fee. Mayor Webb clarified that the direction to staff it to put together a modification to the policy and to allow a public forum to discuss it, and whether it is approved and sent to Coastal is Volume 57 - Page 839 City of Newport Beach Study Session Minutes November 14, 2006 left to be determined. He cautioned that if this is brought up there will be significant discussion at Coastal of everything that is oceanward of 15 feet and there may be some ramifications. Mayor Pro Tem Rosansky noted that West Newport is different than BPP from an ownership point of view and he wouldn't want to expand the use to be an exclusionary lease. He noted that in this situation the City clearly has fee ownership of the property. Council Member Selich agreed that the ownership differenrias to be considered and to the extent that the structural encroachments are taken to stal Commission, there may be a risk and the residents may lose more than they gain. PUBLIC COMMENTS - None ADJOURNMENT - 6:10 p.m. �- s The agenda for the Study Session was ted ovember S, 200 t 1:45 p.m. on the City Hall Bulletin Board located out oft ' it of Newport Be "'- Administration Building. :...4 Mayor Volume 57 - Page 840 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 14, 2006 — 7:00 p.m. STUDY SESSION - 4:00 p.m. CLOSED SESSION - 6:10 p.m A. B. C. D. E. F. G. H. ROLL CALL Present: Council Member Curry, Council Member Council Member Ridgeway, Council Metal CLOSED- ESSLON-REPORT - None PLEDGE OF ALLEGIANCE - Mayor INVOCATION - Reverend Dr. Denni Shor Newport - Mesa - Irvine Interfaith Coun it Presentation roc tion by Senator Tom H an sented a Newp on QWN8ftW&nn Tem. Ro Member Webb, Church and President of Tom Harman regarding the City's Centennial - a from the California State Senate congratulating n esentation th ward of Writ Received from the California Chapter of the Ven PI ng ciation: Newport Beach Local Coastal Program, Coastal Land Pla g Dir Temple thanked Council, the Planning staff City staff, and especially er ord who 1ped produce the LCP. She presented the Mayor with the Award of Outgoing Fire Chief Tim Riley - Mayor Webb presented Fire Chief Riley with a Fire Chief Riley expressed hie honor for receiving the recognition and for working for ty Manager Bludau introduced Fire Chief Lewis who reported that Chief Riley set the r the Fire Department, NOTICE TO THE PUBLIC CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Daigle requested that Council revisit the issue of calling up Planning Commission items. Mayor Pro Tem Rosansky indicated that he is working with staff on developing a conference for California cities regarding sober living facilities and regulating those types of facilities. He indicated that he has discussed this with Senator Harman. He requested that staff bring back a Volume 67 - Page 841 I. City of Newport Beach City Council Minutes November 14, 2006 budget amendment in January or February to cover the cost of the conference. Mayor Webb reported that the OASIS Sailing Association dedicated its second boat, OASIS III. Mayor Webb thanked all the candidates for their efforts in running for office. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR OCTOBER 24, 2006. [100 -20061 Waive reading of subject minutes and order fled. 7w 2. READING OF ORDINANCES AND RESOLU ordinances and resolutions under consideration, and CONTRACTS AND AGREEMENTS 5. BALBOA VILLAGE PHASE III - PL CONTRACT (C- 3727). [381100 -20061 1) A file a Notice of Completion; 3) authorize the Ci bond 35 days after the Notice of mpletion has b portions of the Civil Code; 4) the Faith Council acceptance; and 5) appro et amei to Account No. 7161- C5200791 d in rel additional CDBG funding; and propria Fund balance C5200791 cover extra INGS OF as written in full of all by title only. RYON AND ACC 1he NCE OF e work; 2) authorize ty Cler k to irk to release the Labd Materials recorded in accordance with applicable erformance Bond one (1) year after Iftt (0713A -025) appropriating $40,000 i timates by $40,000 representing 00 m the Unappropriated General IN to the project. 6. BRISTO SIRE T NORTH HABILITATION FROM CAMPUS DRIVE TO JAMB E RO -AWARD CONTRACT (C-3815). [381100 -20061 1) Approve the plans and e ' tions; 2) awar the contract (C -3815) to All American Asphalt for the id p and a horize the Mayor and the City Clerk to execute the con 3) a blish an $53,749 to cover the cost of unforeseen work; and 4) approv bu amendment (07BA -022) appropriating $58,000 to Account No. 7251 - 051008 din ing revenue estimates by $58,000 representing a contribution from the County o range ork around the intersection of Bristol Street and Campus Drive. NEWPOItT BOULEVARDtHOSPITAL ROAD RIGHT TURN MODIFICATIONS AMENOMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH W.G. N RMAN ENGINEERING (C- 8681). [38/100 -20061 Approve Amendment No. 4 to onal Services Agreement with W.G. Zimmerman Engineering, Inc. and authorize the the City Clerk to execute the Amendment. 8. PLACENTIA AVENUE AND HOSPITAL ROAD STREET REHABILITATION - AWARD OF CONTRACT (C- 8801). [381100 -20061 1) Approve the plans and specifications; 2) .award the contract (C -3801) to Sequel Contractors, Inc. for the total bid price of $1,212,300 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $121,230 (10 %) to cover the cost of unforeseen work; and 4) approve a budget amendment (07BA -024) in the amount of $231,530 from unappropriated Traffic Congestion Relief Fund to Account No. 7191- C5100860 and increasing revenue estimates by $231,530. 9. JANITORIAL SERVICES FOR BEACH AND PARK RESTROOM FACILITIES (C- 3899). [381100 -20061 Award the. Janitorial Services Agreement with A -1 Spinelli in the Volume 57 7 Page 842 J. City of Newport Beach City Council Minutes November 14, 2006 amount of $64,400 to provide janitorial services at City park and beach restroom facilities and subsequently approve the budget amendment (07BA -023) in the amount of $14,896 to fund the additional cost over the expiring contract. 10. MEMORANDUM OF AGREEMENT (MOA) - ORANGE COUNTY RIVER PARK (C- 3900). [381100 -8006) Authorize the Mayor to execute a Memorandum of Agreement (MOA) substantially similar to the draft MOA attached to the staff report with the County of Orange and the cities of Huntington Beach and Costa Mesa regarding the Orange Coast River Park. MISCELLANEOUS 11. SANTA ANA RIVER VISION PLAN - ADVISORY COMMITT ORMATION- [100- 80061 Continue to the November 28, 2006 Council meeting. 12. MAYOR'S APPOINTMENT AND COUNCIL'S CO MATIO DR. VIRGINIA L. BARRETT AS THE CITY S REPRESENT ON THE O GE COUNTY VECTOR CONTROL DISTRICT BOARD A OUR-YEAR T . [100 -2006) Appoint Dr. Barrett to a four he O ge County Vector trol District Board. 18. UTILITY AND SEWER EASE. NT RESE TION OVER THE BIRCH STREET PUBLIC RIGHT -OF -WAY IN TA ANA HE TS. [100-20061 1) Approve a sewer easement reservation requested Costa Mesa nitary District (CMSD) within the Birch Street public right- of-way 2) re a City 'ty easement concurrent with the CMSD easement; and 3) direct and ity Cl to proceed with the easements recordation thro the Orange C ty e . 14. ANALYS OF LICE OP IONS -JULY 4, 2006. [100 -8006) Review the conten f the re rt recapping day's events and provide staff direction on those areas of focus, ny, uncil would like rought back for possible implementation prior to July 4, motion by r PTem RosaM to approve the Consent Calendar, except for those items removed (3 & 4), end no the continuance of Item 11. The motion ca)ember by the wing roll call vote: a: Council ber Curry, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Ridgeway, Council Member Daigle, Council Member Nichols 3. ®ADOPT RESOLUTION FOR THE ADOPTION OF THE ORANGE COUNTY REGIONAL WATER AND WASTEWATER MULTI - HAZARD MITIGATION (HAZMIT) PLAN. [100 -8006) Assistant City Manager Kiff reviewed the staff report and indicated that the plan is on the City's website via a link to the Municipal Water District of Orange County (www.mwdoc.com). Motion by Council Member Curry to adopt Resolution No. 2006 -97 for the adoption of the Orange County Regional Water and Wastewater Multi - Hazard Mitigation Plan, subject to incorporation of comments, if any, by the State Office of Emergency Services and the Federal Emergency Management Agency. Volume 57 - Page 843 K. .City of Newport Beach City Council Minutes November 14, 2006 The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 4. PRELIMINARY DESIGN CONTRACT WITH RABBEN/HERMAN DESIGN FOR MARINA PARK (PARK + MARINA PLAN); RESOLUTION RELATING TO A COMMITTEE ON MARINA PARK DESIGN (C- 8897); AND APPROVAL OF A BUDGET AMENDMENT. [381100 -20061 In response to Council Member Nichols' questions, Council Member Ridge indicated that the American Legion will have no net loss of land area, but they w' get an increase in parking spaces and dock spaces. He clarified that the western rundary will be moved AWN towards the building and their land will include the park area e d that the American Legion strongly supports this plan. He confirmed that re . outreach after the document is drawn and the concept plans are done, that this come back before Council. Mayor Webb pointed out that there will be nstruction of the rican Legion dock facilities at the City's expense. He ad e e City promised them th ere would be no net loss to their boat marina, dry storage a, or locker area. Council tuber Selich emphasized that the American gion will ha more permanent parking and overflow parking. Motion b Council Member Rid Sting ) orize the Mayor to execute a professional services agreement A) subs aim to the PSA attached to the staff report with Rab erman De for P of the "Park + Marina Plan" at Marina Par t Resolution -the Council/Citizens Committee on M ark sign; and 3) rove a budget amendment (07RA -026) appropriating $90,0 fuxxla 85,000 for PS d $5,000 for contingency) for Preliminary Design work for the Pa1k + MArina Plan. 'on ied by droll call vote: Ayes: cil ber Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor W , Co Member Ridgeway, Council Member Daigle, Council Member Nichols 1 AW OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO JB SE CES. [100 -2006) otion b Council Member a to adopt Ordinance No. 2006 -23 granting allon- Exclusive Solid Waste Franchise to JB Services. Mayor Webb opened the public hearing. Hearing no testimony, he closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 16. CODE AMENDMENT 2006 -006 - MARINE CHARTER LAND USE AND PARKING REGULATIONS (PA 2006 -194). [100 -20061 Mayor Webb opened the public hearing. Volume 57 - Page 844 .City of Newport Beach City Council Minutes November 14, 2006 Senior Planner Alford provided the staff report and noted that staff recommends that potential off -site parking agreements provide 300 foot notifications. In response to Council Member Nichols' questions, City Attorney Clauson indicated that the parking standards are not set by the size of the boat and that the requirement is .75 spaces per slip and another parking space per 25 feet of side -tie. She noted that an off -site parking agreement is only needed when a charter or business cannot provide the required parking onsite. Mayor Webb emphasized that the charter boats need to provide parking for their passengers so the City does not encumber the neighborhood with people. In response to Council Member Ridgeway's question, Senior Planner AIfoK indicated that the parking requirement is based on occupancy, so a 150 passenge boat needs to provide one parking space per three passengers. Ar Hearing no further testimony, Mayor Webb closed the p ll"iearing. Motion by Council Member Dai¢le to introd nce No. 2006 approving Code Amendment No. 2006 -006 revising land us gulat and parking uirements for marine charters; and pass to second readin ove r 28, 2006. The motion carried by the following roll calN Ayes: Council Member Curry, cil Meyas Pro Tem Rosansky, Mayor Webb, Council Member Ri Coigle Noes: Council Member Nichols 17. CODE AMEND NT 2006-00 - GR IAL FACILITIES (PA 2006- 198). [100 -2 Senior nner rd provided staff report. He reported that the Planning Commission wanted ere quantity the definition; however, staff believed that this would cause a impact so ey recommended using the original definition. 0" In re se uncil Mem ichols' questions, Senior Planner Alford indicated that this would appl granny units. Mayor b open public hearing. Hearing no testimony, he closed the public hearing. M tin Council Member R'dee av to introduce Ordinance No. 2006 -25 approving Code endment No. 2006 -005 revising regulations relating to Group Residential Facilities; and ss to second reading on November 28, 2006. e motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Abstain: Council Member Nichols 18. OUR LADY QUEEN OF ANGELS CHURCH EXPANSION - 2046 & 2100 MAR VISTA DRIVE, USE PERMIT NO. 2005 -090, TRAFFIC STUDY NO. 2006-002, MITIGATED NEGATIVE DECLARATION (PA2005 -092) - EXPANSION OF EXISTING CHURCH AND SCHOOL FACILITIES BY RELOCATION OF THE CHURCH TO THE ADJACENT PROPERTY LOCATED AT 2100 MAR VISTA DRIVE (PRESENTLY USED BY ST. MARK PRESBYTERIAN CHURCH) AND EXPANSION OF THE SCHOOL WITHIN ITS EXISTING SITE AT 2046 MAR VISTA DRIVE. [100 -2006[ Volume 57 - Page 845 City of Newport Beach City Council Minutes November 14, 2006 Council Member Ridgeway recused himself since he owns property adjacent to the church. Senior Planner Ung provided the staff report and noted that a traffic study was conducted and there were two hearings before the Planning Commission. She discussed the parking management plan and the construction phasing plan. She indicated that the Planning Commission found that the implementation of the project would not be detrimental to the neighborhood. She reported that Paul Doremus, representing the Villa Granada Homeowners Association, filed an appeal, and noted that the appellants have not submitted a traffic study or technical report, and they are requesting a continuance. In response to Council Member Daigle's question, Senior Planner Ung qodfirmed that the traffic study was prepared using the guidelines and standards ofg&e Traffic Phasing Ordinance ('ITO) and the California Environmental Quality Act ( ). In response to Mayor Webb's questions, Joe Faust of their traffic study involved an onsite circulation study explained how the project would result in an incA decrease during the evening peak hours. tat additional drop- off/pick -up lane. He confirAa that three times. He noted that the overall total r low from the current seating capacity of Our Lady en the church may be able to increa the number o Nis field for overflow parking. He d that it parking management program. In response to Mayor Pro Tem Council can immima condition t] daycare. Ana . aust 'atea reported that as study, a arking study. He se in traffic in \q' ing, but a elAat they rechaving an 0hey conducted tg analysis of seats in the che reduced of Angels and St. Marks Church, but :ing spaces onsite by using the athletic ucommended that the church create a Planner Ung indicated that reinstating the preschool and Kathe Joha n, appellant d representative of Villa Granada Homeowners Associatio exp sed concern for a impact of the project on residents and the community, he n oppo 'ty for the City to look at existing problems and how e nsio going to neighborhood since they already have traffic problems withou . p ct. She believed that the City lacks adequate data analysis and traffic studies warr an approval, the negative declaration does not acknowledge existing traffic parkin oblems, and the traffic study failed to look at vehicular traffic on Mar Vista an omin go impacts of removing or reinstating the bike lane. Further, there is a problem queuing already exists and there is a need for a parking management plan, and there ' a need for traffic monitors. She added that the mitigation measures are not fun nal or adequate. She believed that, since all the schools in the area are using City tr any traffic study needs to incorporate the use of City streets without concern for the of the traffic. She noted that problems are not addressed in the negative declaration or traffic study, and asked why more restricted mitigation measures to reduce the existing traffic problem and reduce the traffic problem as the entities grow are not included. She expressed concern that the City is using funds for a crossing guard and Police to manage traffic flow. She requested that the City postpone approval of the use permit until an Environmental Impact Report (EIR) is conducted that involves a more extensive traffic study. Mr. Faust stated that they looked at the lack of staggering school hours with the high school in the morning and recommended that the start time be more staggered. He noted that the church will be providing 439 spaces when the City's parking code only requires them to provide 390 parking spaces. He emphasized that parking in residential neighborhoods is unacceptable and added that the parking management plan does not include the high school parking spaces. He believed that pedestrian underpasses are a security problem and an Volume 57 - Page 846 City of Newport Beach City Council Minutes November 14, 2006 overpass bridge would be very long since it needs to be Americans with Disabilities Act (ADA) compliant. He noted that students would probably still cross at grade level. Mr. Faust noted that in a mitigated negative declaration, if you identify a significant impact, it needs to be mitigated. He clarified that the cost of monitoring is paid by the church, not the City. City Attorney Clauson added that, according to CEQA, the church is required to identify the existing conditions and improve any impacts that they cause by their growth, but there is no requirement to look at how that project can improve traffic that's being impacted and caused by other entities. She reported that there's no ability for Council under CEQA to require the church to mitigate and improve traffic that's being caused by someone else. Scott Barnard, Our Lady Queen of Angels Church representatbArutilized a PowerPoint presentation to display the project, how traffic is being relv9GIMLehicle access, church seating, school operations, and the first stage of the parkipOffanagenft plan. Tony Petros, LSA Principal, discussed the drop -off mary for the ch and the Corona del Mar High School senior parking lot and h is d if the drop- tervals were offset. Dennis O'Neil believed that continuing the he would be unreasonable an imposes an unfair burden on the church, cap . Hy since the ellants have had many opportunities to be heard- He referenced Sectio .060 of the ort Beach Municipal Code and noted that the public hearing should to tea tim and evidence that was before the Planning Commission. He repor d th church been working on this project for almost five years. He added tha he proje a K- assroom addition and that they would agree to Rion to not o erate res tlua facility. Mayor W open the public he g. Pat Kron req ted that Co un investigate how this project will add to the traffic ems a it witho - looking at how this will affect the neighborhood. Do r ted that se are a necessity and that, with them, come problems. Don Ba Presi t of the Eastbluff Apartment Owners Association, stated that he is not opposed the prof , but expressed concern about the traffic problems. V an stated that it does not make sense to defer this project any longer since there facts othe table. , church member and Amigos Way tenant, stated that traffic can be timed and ue. He believed that it's a benefit to slow traffic down when the students are entering /exiting the school for safety reasons. Joe Salinas, church member and Amigoa Way resident, expressed support for the project and noted that there is another exit onto Domingo. Carol McDermott, church member, commended the way the church has approached the planning and implementation of the project. Mary Niccum stated that she lives behind the church and that it has not taken her more than five minutes to get out of the neighborhood since the intersection is well orchestrated and managed. Volume 57 - Page 847 L. IN City of Newport Beach City Council Minutes November 14, 2006 Hearing no further testimony, Mayor Webb closed the public hearing. In response to Council questions, Mr. Faust indicated that red curbing the Domingo intersection would help with sight distance and maneuvering, however, this would take away about five parking spaces. He stated that he does not believe Domingo can be striped for three or four lanes, but may have a left or right turn pocket. Motion by Mayor Pro Tem Rosansky to deny the appeal and uphold and affirm the decision of the Planning Commission by adopting Resolution No. 2006 -99, modify the operational conditions to limit the school to only 600 K-8 students, pro Wt 't having the preschool, and allow the City to look at red curbing a section on DominggAt not requiring this to happen if it's not needed. The motion carried by the following roll call vote: Ayes: Council 'Member Curry, Council Member Webb, Council Member Daigle, Council Me Pro T1W Rosansky, Mayor 19. BIG CANYON COUNTRY CLUB (PA200 0), 1 CANYON DR -GENERAL PLAN AMENDMENT TO INCR E MAXIMUM WOWABLE DEVELOPMENT OF SUB AREA 17 CANYON COUNTRY LUB) OF STATISTICAL AREA L-2 OF THE USE ELEMENT OF THE CITY'S GENERAL PLAN TO ALL O ADDITION 10,000 SQUARE FEET OF FLOOR AREA. [100 -80061 .Council meeting. The the followinLaff call vote: item to the January 9, 2007 Ayes: oil M ber Curry, Co oil Member Selich, Mayor Pro Tem Rosansky, Mayor We Co ember Rid ay, Council Member Daigle, Council Member Nichols PLANIANG COMMISSION AGENDA FOR NOVEMBER 2, 2006. [100 -80061 Plagoffng Director Temple reported on the following Planning Commission items: Newport Marina (PA2001 -210) - 2300 Newport Boulevard; Holiday Inn Express (PA2006 -182) 9500 West Coast Highway; Planning Directors Use Permit No. 2006 -021 (PA2006 -193) - 2372 Bristol Street, Unit 3; Thirty First Street, LLC (PA2006 -031) - 407, 409, 411 & 413 31st Street; Isla Vista Homes (PA2004 -123) - 1499 and 1515 Monrovia Avenue; and Planning Commission Rules of Procedures. Motion by Council Member Ridkewa to appeal Item 4 (Planning Director's Use Permit No. 2006 -021 (PA2006 -193) - 2372 Bristol Street, Unit 3. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Volume 57 - Page 848 City of Newport Beach City Council Minutes November 14, 2006 21. PLANNING COMMISSION AGENDA FOR NOVEMBER 16, 2006. [100 -8006[ - No action taken. O. CURRENT BUSINESS 22. PELICAN HILLS RESORT - EXTENSION OF ROAD CLOSURE OF PELICAN HILLS ROAD SOUTH. [100 -8006) Public Works Director Badum utilized a PowerPoint presentation to highlight the history of the project and some of the conditions. He indicated that The Irvine Company has requested an extension of the closure to September 2008, their expecte pletion date. He discussed the neighborhood's concerns relative to emergency is s. for increased traffic accidents, travel time inconvenience, and a nmental issues. He reported that the Police and Fire Departments believe that the on would not increase emergency response times if certain conditions were im d. He 'scussed the Pelican Hills Road/Newport Coast Drive intersection ands that no a nts have occurred that are attributed to the closure. He noted a City is prep to look at that intersection in the future to see if safety imp ents be performed construction trucks have had difficulty there. He revi the elusions and condit of approval outlined in the PowerPoint presentation. H that the configuration Montecito entrance at the Pelican Hills Road/Newport Drive intersection does pos ingress and egress problems for those reside but is not re d to the project. He reported that staff recommends extending the clos eptember 2 with the provision that the closure be reviewed by Council and that of appm be implemented. City Manager Bludau reiterated chat staff r ends nding the closure to 2007, even though constru ni-them is anticipate to be ple 2008. Public Works Director Badum explained arking stru be comp d by September 2007 so The Irvine Comps u for ction workers. In respond to %uncil questions, &Public Works Director Badum reported that the guard of a ' on the d. He stated that there would only be less than a five diffe ce in tra m the southerly exit to the back i Peli can Hills oad p to u the constru ion area. He pointed out that with e new constrution, ere be more gnals. Rerding the Fire Mshal's commendations, he confirme @that theftpps were implemented today Chris Mpsh, The Irvine Company Project Executive, discussed the 128 acre Pelican Hill ResortlProject and the golf course, hotel, and residential components. He utilized a Powe oint presentation to provide a construction update and displayed the ongoing tructure and street improvement work to Pelican Hill Road South. He discussed the personnel estimates which will total 1,500 from 2007 to September 2008. He addressed emergency access concerns and noted that all the conditions of approval have been implemented. He stated that they want to continue the road closure due to public safety reasons, to guarantee that there is no construction traffic on Pelican Hills Road North, and to have a more expeditious construction schedule. He displayed reasons why opening the road would not be a good idea. In response to Council questions, Mr. Marsh confirmed that there are no plans for any gates that would bar access to the road, they do not plan to create cul de sacs, nor have any privatization. He confirmed that they will continue implementing the Fire Marshal's recommendations for as long as the road is closed. He indicated that foundation work is estimated to be complete in March 2007, major lumber delivery will be finished around September 2007, and the structural street section must be in place before any lumber can be dropped onsite. He agreed that, once this is done, they have the ability to park people off of Volume 57 - Page 849 City of Newport Beach City Council Minutes November 14, 2006 the main street. He noted that backup occurs when dirt is being taken offsite, but they put flagmen on the street during these times. Public Works Director Badum reported that the signal is fully functional for egress and that the stackup down the hill is an issue, but they don't anticipate this occurring too often in the next part of the project. Mr. Marsh confirmed that there will be 332 units (204 hotel rooms and 128 residential components) which is within their entitlement. Dan Miller, The Irvine Company, clarified that the residential units will be tied to the hotel and will not be permanent residences. Regarding cul de sacs, he noted that some residents wanted this, but The Irvine Company and the Board of Supervisors wapffid the road to remain open. Jim McGee noted the residents' concern about what would happe there was a large scale emergency. He referenced a letter from Fire Marshal B the City Manager regarding the condition of the road. He noted an mcideilt which 1 personnel could not get through the gate during an emergency. Her the mitiga ' nditions from the County when the EIR was issued and believed t e d closure sho have prompted another traffic study and possibly an amen to IR. He stated t the Newport Coast Community Association represents 0 ho s and voted to reque at Council open the road and not extend the closure. Nelson Chung provided a hando and displayed tos from the 1993 fire, the 20 foot fire access, the 25 foot curb -to stance whe t should be 28 feet, equipment and dumpsters along the roadw ocked n and entry, and the 13 foot wide entry. He referenced a letter fro The Compa at acknowledges that there is a problem with the EIR and that b th sides eet be used for parking. He noted that the Peli , Pelican Cr t, onteci ighborhoods are about 1.8 miles and expressed rn out the emer response time if the secondary access is not open. Marcy inste' stated that are concerned about safety, not convenience, and question he he City can le prohibit them from using their own road. She noted JbghWne o Ke rojeciwould be allowed to close streets. She stated that the go open t or summer and believed that the road should be open for theirs v In to Co '1 Member Ridgeway's questions, Ms. Weinstein indicated that there has bee o indicat n that marked fire lanes are needed in their neighborhood since a fire truck been able to drive through. Rich DiMergian requested that the road be opened as soon as possible and presented Co cil with a petition. He questioned why the road is still closed since the permit expired eptember 1. He noted that The Irvine Company's website indicates that the businesses will be open late 2007 and asked why the road is not open if people can visit the resort. Dennis Contangent stated that he assisted with getting signatures for the petition and emphasized that Pelican Crest does not want the road closed any longer. Robert Marshall believed that not much more is needed to make the roads passable for the residents and that the residents should be able to have, a choice of ingress and egress. Sherry Dialnas expressed concern with all the construction vehicles on the road and limiting the residents to one access. She indicated that she prefers to have a flagman on the road to direct traffic. Gary Wright asked whether the 300 acre golf course could be used for parking spaces for the Volume 57 - Page 850 City of Newport Beach City Council Minutes November 14, 2006 staging equipment and also as ingress/egress points for construction vehicles so the roadway could be opened. Anita Meister -Boyd stated that she would not be able to close her street to work on her house. She noted..that The Irvine Company is a private enterprise that has taken public property and asked how the public is being compensated. Jenny Tao stated that, if the only road is closed, ambulances cannot get through which could cause a five minute delay in response time. Council Member Curry stated that he attended the Xius 20 worksho d that today's action must require the safety conditions that the l impos He indicated that it is unacceptable to request a two year extension side only allowed the road to be closed for nine months. He believed that it residents to shoulder the inconvenience of the closure. He stated that he road d be safely opened May 1, 2007. He emphasized that fire and paramus sho ve safe access to the road today. Motion by Council Member C urry to the a sion to no later th ay 1, 2007; require The Irvine Company to provide mo ates that will be poste the City's website relative to the progress of the b ri dgeland infrastructure; require the safety conditions; and provide a cleartsktemen t from Irvine Company and th e City that this road will remain a public street be cul de ea privatized, or gated. Fire Marshal Bunting stated th d a surp a inspection today and was able to drive 30 mph without obstructdis the s conditions that were imposed. He indicated a roadway s i me to evacuate if necessary and that the ga d but not 1 stated a would prefer to have gates on both sides of ad. to include a provision to have gates on Lt. S an d that theco Department doesn't have the same issues that the Fire )Depart t h lative to the entrance to the community since their vehicles are smaller. that would be adequate evacuation measures if the gates were opened on He std that their main concern deals with the co mingling of construction and affia He expressed concern that a lot of construction vehicles do not have the a of safety equipment as regular vehicles, even though they will be transiting the larly. He stated that enforcing construction speed limits if non - construction re on the roadway is not an issue. He reported that it is hard to put a date on s safe for the roads to open, but The Irvine Company is willing to have update to review the progress. He indicated that it will be obvious for the gate keeper to know that something is happening when he sees flashing lights and hears sirens; however, having a phone system mounted to the guard area would be helpful. Fire Marshal Bunting noted that the gate guard told him that he knows to open the gates when he hears sirens. Regarding the incident in which the paramedic was rerouted, Fire Marshal Bunting stated that this occurred before the implementation of a gate guard and that the crew was Mann =ng the station to allow the Newport Coast station to attend a class. He indicated that the crew was not familiar with the area and the Captain made a decision to go around the construction area. He reported that there was no delay in patient care since the Corona del Mar station arrived at the scene first and that this is not an issue any longer because it is now a manned gate. Volume 57 - Page 851 City of Newport Beach City Council Minutes November 14, 2006 In response to Council questions, Fire Marshal Bunting confirmed that, effective this afternoon, the road is open for unimpeded emergency vehicle access. He added that, if evacuation is necessary, they can use the road to go downhill. He agreed with Lt. Shulman that there is a lot of construction traffic and there could be serious accidents if non - construction traffic were allowed. Council Member Curry believed that waiting will serve the community and agreed that traversing the road during construction will be difficult. He noted that the motion will also end up increasing traffic on Pelican Hills North. Substitute motion by Council Member Nichols to operate in accordance with the Fire Department and Police Department conditions, that the road be op ed, and that communication be available with the guard gate. The motion died for lack of a second. The amended motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Se ' Mayor Pro Te snaky, Mayor Webb, Council Member Ridgeway Noes: Council Member Daigle, Council Mem icho P. Q. ADJOURNMENT -11:08 p.m. - None Recording Secretary Mayor Volume 57 - Page 852