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HomeMy WebLinkAbout01 - Minutes - 12-11-2007Agenda Item No. 1 January 8, 2008 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session - Special Meeting December 11, 2007 — 3:30 p.m, I. ROLL CALL Present: Mayor Pro Tem Selich, Mayor Rosansky, C Gardner Excused: Council Member Henn, Council Member Curry II. CURRENT BUSINESS. 1. CLARIFICATION OF ITEMS ON Referencing Item 9 (Oceanfront Sand 1 emphasized the need to notify the oceanfront 2. PROJECT MANAGEM METHODS FOR MAJOR Council Member Member CALENDAR. Council Member Gardner owners and residents. PROJECT DELIVERY Public Works Director Badum in oduced D Works Director Dave Webb to Council and the audience. He note that hi ocus will on capital program delivery. Public Works D' or Badum u a PowerPoint presentation to discuss rising construction cos issues, ached issues, quality issues, and alternative methods for ff, project delive H reviewed how the Program Manager at Risk proposal works and discuss a atu that showed t t this process usually reduced costs and could reduce co nation schedules. In response to it questions, Manager Bludau explained how subcontractors are sele indi that the incentive for the program is that the Program Manager at ay ed fo er projects if they do a good job and save the City money. Public orks Direc adum d that the projects will be bonded. He stated that the Back Bay Science Ce r proje as handled as a hybrid Project Manager at Risk project. He I that a isadvantage to this method is that the City needs to stay more involved to ensure it gets hat it wants from the project since anything outside of the guaranteed ,cost is paid by a City. He concurred that there should be a lot of outreach with these es of project Discussion ensued relative to the architects fiduciary responsibility. Curry joined the meeting at 3:51 p.m. Councilimber Henn joined the meeting at 3:52 p.m. Council Member Webb joined the meeting at 3:54 p.m. Public Works Director Badum explained that the Guaranteed Maximum Price (GMP) needs to be submitted after the completion of the design build. He indicated that each of the qualified firms cannot submit a GMP, but they can submit a proposal to do the work. He explained that the Program Manager at Risk acts as a City employee and the City can Volume 58 - Page 337 City of Newport Beach Study Session Minutes - Special Meeting December 11, 2007 have a relationship with the architect Council Member Curry noted that more jurisdictions are using this method and discussed some advantages. Council Member Henn believed that the City should have a Request for Qualifications (RFQ) to select the Program Manager. W.R. Dilby discussed his objection to the design build process and concern with one of the firms being considered for the Program Manager at Risk ition. He suggested following the current method. Sharon Multon, Heary International, requested that her co ny be considered for Project Manager at Risk. . 8. GROUP RESIDENTIAL USES — DISCUSS WITH IAL COUNSEL (RICHARDS WATSON GERSHON) OF PROPED ORDINANC Assistant City Manager Kiff utilized a PowerPn pr ntation to review t ackground, concepts, definitions, the current situation nd p ious actions taken by a City. He stated that more information can be fo on City's website and people can contact him or the City Council by emailing, calli Yiting them. Special Legal Counsel Markman, Richards Wa & Gershon (RWG), reviewed resident concerns and the purpose of the ordinance. He 'zed a PowerPoint presentation to highlight key aspects of the p d ordinance, exp the proposed zoning for group residential uses, the Conditiona it. (CUP) pro and the role of the hearing officer(s). He displayed the nons dard a ap. a expressed the opinion that the proposed ordinance is not face y dis ato reported that they looked very carefully at the regulations for six and acilities. He discussed existing facilities, the grandfather provision, the City inv the timeline for the ordinance, the abatement process, and Fede Housing la Council Me r He believed tha the proposed ordinance is the broadest, most aggressive nd effe ve ordinance in a State and reviewed the objectives RWG were charged w In response to ncil questions, pecial Counsel Markman discussed the secondhand s nd re He noted that the proposed ordinance is in response to problems have b docum d to exist. He explained that the list of findings had to do with proliferation a overcro ' g. He reported that each case will be different, the hearing officer will mak etermin ons and deal with revocations, and the ordinance needs to be applied in a n - discriminatory manner. He noted that the inventory is subject to amendment. H indicated that he can provide Council with American Planning sociation (AP documentation. De Oberm , Concerned Citizens of Newport Beach (CCNB), noted that Sober Living by the filming the meeting. She utilized a PowerPoint presentation to provide a history a issue and the increase in residential treatment facilities since 2004, and discussed ver concentration and its adverse impacts on the area, the impacted areas, why a planning -based solution is important, the zoning and lot uses of the impacted areas, the impacted areas as defined by the City, and multiple -unit residential acreage. She recommended that there be no grandfathering, that the deadline for non - conforming use begin when the ordinance goes into effect, and that that the City conduct immediate abatement of illegal uses. Michael Tidus, Jackson Demarco Tidus Petersen Peckenpaugh, attorney for Concerned Volume 58 - Page 888 City of Newport Beach Study Session Minutes - Special Meeting December 11, 2007 Citizens of Newport Beach, believed that the ordinance should include a 1,000 foot standard setback/distance between residential group homes and explained how they came up with this distance. He expressed the opinion that all CUP applicants must comply with the California Environmental Quality Act (CEQA), no unlicensed facilities should be permitted or that licensed facilities should be given preference, that the amortization period should not be open- ended, and that the hearing officer hearings should be noticed and open to the public. Eileen Taylor, Jackson Demarco Tidus Petersen Peckenpaugh ated that she is also a certified Land Use Planner with APA and an AICP. She eved that the City should follow good planning strategies when addressing this i nd that this use is not compatible with the neighborhoods. She discussed over nce ion, the uniqueness of the impacted areas, the need for the 1,000 t separ and reasonable accommodations. She believed that the areas qua for an overlay e, that variances should not be granted, the inventory should not b prerequisite for tri g abatement or qualifying for a use permit, there should beO gr athering, and illevwises should be abated. She indicated that she could sub ape ' c planning -based eriteri to Council. Craig Batley took issue that Newport s over 1,000 beds for residential group homes and expressed concern that the q of the neighborhoods has dramatically changed. He noted that the City is not bene from this $100 million industry and pointed out that a treatment facility website lists port Beach as having their largest number of residential substance se treatment fa ' in the country. In response to Lori Morris' ques n, nsel Mar ' an stated that the definition of two - family is from the original nguage t to the. special district zone. Ms. Morris believed that Sober Living y the is video ping to intimidate the residents, but they never speak at a meeting. he ted that the facilities have the backing of the Republican leader She expresse ncern with alternative sentencing, the over concentration t Newport, egal non - conforming and unlicensed facilities, grandfatherin and he abatement imeline. She believed that the residents are experiencin everse ' crimination an he taking of their neighborhoods. Cynthia Koff ea Sober sentencing, ch an attorney, dent Ithe ' tifica rehabilitation. She bi ation, City should not alle ab ment a o grandfathering, ident Living website which discusses alternative ality, expunging a sentence, and possibly lieved that the ordinance should include a w any unlicensed facilities, there should be and the CUP process puts the burden back Max Liskin note that no Sober Living or CRC representative spoke tonight. He discussed how CRC need to grow to support its debt and presented Council with CRC's 10 -Q Ch ob believed that spreading the facilities 1,000 feet apart still means that he would' ed five facilities on his one mile walk to City Hall. He discussed smoking, traffic, ga age, and criminal issues. He noted that the City has allies in other cities and asked that Council remember that the residents are going through undue hardship. Bob Rush believed that the City has experienced reverse discrimination. He noted that he has 14 to 18 facilities on his street and 20 facilities within five blocks of his house, with most of them starting after 2004. He asked how he can file an anti - extension on the facilities. David Obaje, representing Newport Heights residents, stated that there are three adjacent Volume 58 - Page 339 City of Newport Beach Study Session Minutes — Special Meeting December 11, 2007 properties that house 30 occupants. He believed that background checks should be conducted on the occupants. He reported that the owner of 3309 Clay Street transferred ownership, which violates the moratorium. Assistant City Manager Kiff indicated that Council took action in early October to take legal action against this owner and one other home. Robert Holly, Rosserman Real Estate, believed that the ordinance w' prohibit them from making improvements to their building. Willis Longyear read an email from a friend who inspects r bilitation businesses who believes that young adults are managing the facilities w the group home manager should be certified by the Orange County Sober Liv' Coalition. This would probably eliminate over 98% of the homes. Special Counsel Markman confirmed for Counc' ember Henn that CUP requires that the facility have an operator who is certifie y or nizations listed ' ordinance. Laura Curran believed that the facilities oul Row the parking regulations of the neighborhood they occupy and not count eet king. Further, that any application for a new use, such as a condominium, or six nt or under facility comply with the same parking regulations as someone building a new a or business. Joel Slonski took issue that the LOOO foot separatio of included in the ordinance. Regarding speaker concerns, 1 Markm xplained why RWG cannot recommend the 1,000 foot separa n, but t officer could take one or two blocks into consideration. He noted the ncern t wlu cility to eliminate if there were several in one block and the difficu in ting a goal of how many beds to end up with after a certain amount of time. He d out that CEQA is already applied to the CUP process and mor will be adds the City wants to do a negative declaration and EIR, which me s t the use will c tinue during that time. He reported that hearings will be notic and o n to the public, d the City will solicit information from impacted residents. define grandfathering a noted that the amortization wording has been in the City's or an e. He discussed the benefits of handling the facilities throu CU proces . I Court questiDns, Special Counsel Markman discussed possible timelines d believed t the mended ordinance will produce the best and quickest results, and withstand legal to Michael Tidus el ' ad that they are requesting that City not restrict the hearing officer to a 1,000 foot sep lion, but allow the hearing officer to apply good planning principals. He commended biving the unlicensed facilities either certified by Orange County or become d, other they have to be removed. Speci al Markman reported that certification is a requirement of the ordinance. He IndYhnug hat he can work with Mr. Tidus on a number for a default standard, as long as the officer can deviate depending on the circumstance. However, using the word "block" in the overlay zone is not fair since the City's blocks are not all the same. He believed. that these amendments would withstand the legal test and produce the results that the residents want. Council Member Henn suggested that the City look at what a standard block size is and determine a range of potential reasonable outcomes that would be defensible and Volume 58 - Page 340 City of Newport Beach Study Session Minutes - Special Meeting December 11, 2007 rational, so that a default standard could also apply to non - standard areas. III. PUBLIC COMMENTS John Roth requested that the number of fire pits in Corona del Mar be reduced or eliminated. Council Member Gardner reported that there will soon be a meeting to discuss this issue but that the Coastal Commission is against doing this. Ij IV. ADJOURNMENT - 6:35 p.m. The agenda for the Study Session was posted on December 2007, at 3:55 p.m. on the City Hall Bulletin Board located outside of the City of N p each Administration Building. The supplemental agenda for the Study Ses ' was ed on December 7, 2007, at 2:20 p.m. on the City Hall Bulletin Board lo c outside o City of Newport Beach Administration Building. Volume 58 - Page 341 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting December 11, 2007 — 7:00 p.m. I. STLTDY SESSION - 3:30 p.m. II. CLOSED SESSION - 6:35 p.m. III. RECESS IV. RECONVENE AT 7:00 P.M. F( V. ROLL CALL Present: Council Member Henn, Co Rosansky, Council Member Webb, VI. r Curry, Mayor Prwi Tem Selich, Mayor Member Daigle, Council Member Gardner Marat - N and ach Sumner provided a PowerPoint presentation with information ab t on. Coach Sumner stated that there are 14,000 runners, 40,000 spectators and enerated over $4 million to the community and $1.7 million to upport 13 Oran ed charities. Participants can register online at ocmarathon.com will receive a count by using the coupon code 'bomb" or they can call (949) 222 -3327. resented Mor Rosansky with a 2008 OC Marathon poster. Libra ound ion Check Presentation -Tom Edwards, Newport Beach Public Library Foundatio re nted a check for $100,000 to help with the library's information system. He the the dents and stated that tax deductible donations can still be made via their website. Friends of the Library Check Presentation - Library Services Director Linda Katsouleas stated that the library staff appreciate Council, the Library Foundation and Friends of the Library. Mark Flank, Friends of the Library, presented a check for $7,500 to help provide the library with a new delivery system and expand the store. "Adopt a Beach" Recognitions - Stephanie Berger, Earth Resource Foundation recognized Volume 58 - Page 842 City of Newport Beach City Council Minutes December 11, 2007 residents who cleaned the beaches. She encouraged residents to get involved by calling the City or they can visit the website earthresource.org. Mayor Rosansky presented plaques to Herb Marshall, Pamela Garrett and the Shark Den Boys Scout. X, REORGANIZATION A. ELECTION OF MAYOR. The City Clerk presides for the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis toominate and elect. p. Council Member Rosansky nominated Council Meer Selich for Mayor. Motion by Council Member Webb to clo ^kinations and vote for Mayor. The motion carried by the following roodll vote: Ayes: Council Member Henn, Co Member Curry, cil Member Webb, Council Member Daigle, Coun ' embe ardner, Coun ember Selich, Council Member Rosansky B. ELECTION OF MAYOR PRO The Mayor presides the election o e Mayor Pro Tem. The Mayor, in presiding, places all members o cil on an a basis to nominate and elect. Council Member Webb n irate cil Me Daigle for Mayor Pro Tem. Motion 1 oun it Me ? er r to nominations and vote for Mayor Pro Tem. otion ried by the fo wing roll call vote: Ayes: her Henn, until Member Curry, Mayor Selich, Council Member Ro ky, r Webb, Council Member Daigle, Council Member a C. S EAT AR GEMENTS FOR CITY COUNCIL. The Coun Membe decided on the seating arrangement for the Council dais, with the senior uncil Members having first preference. The following seating order was determin (left to right): FBI Webb - Curry- Gardner Presentation of Gavel Plaque to Outgoing Mayor - Mayor Selich presented the gavel plaque to outgoing Mayor Rosansky. Outgoing Mayor's Remarks - Outgoing Mayor Rosansky stated that the honor of being Mayor was a great pleasure. He stated that his main goal as the Mayor was to satisfy the wants of the residents. He discussed major projects that occurred while he was Mayor and thanked staff for their support. New Mayor's Remarks - Mayor Selich thanked his colleagues for the opportunity and insured them that he will do his best. He introduced and thanked his family and Volume 58 - Page $43 City of Newport Beach City Council Minutes December 11, 2007 stated that being elected as Mayor is a high honor and he looks forward to the responsibilities. He spoke about City projects that he will work on in the next year, such as the OASIS Senior Center, Sunset Ridge Park, and new fire and police stations. XI. NOTICE TO THE PUBLIC XII. 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 Curry commended the Sister City Asscation for the breakfast and the Recreation Department for the snow day at Bonita Creek Park. Council Member Webb reminded eve h . ry one about the ,�nnl, Christmas Boat Parade. Council Member Henn stated that h4would Council can take action on at the ordinances. The mandate should beffectiveness. He would at that timand time, an action plan, iden including hearings, support staff recommendation to implement the o Council Member Rosansky Police Academy, which is a operation of the Police Dep on February 21st and encow Council I Manager Council for the 1. 2. inky also airport i£ that he m Irthat he the topic. 3ff to hav Ian and recommendation that in January regard to the group home act upon thN es with speed and iformation abmand for resources specific resr fast execution support the and a budget S daed the 22nd graduation of the Citizen allows residents to get exposed to the re is that the next program will start in the second teleforum with City announced vat the City Clerk's Office is accepting unwrapped toys tmas rive in which toys for California military and their un r 21st. :S OF THE ADJOURNED 1_R MEETING OF NOVEMBER approve as written and order filed. REGULAR MEETING AND 27, 2007. Waive reading of subject OEADING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. ORDINANCES FOR ADOPTION 8. ADOPTION OF THE 2007 CALIFORNIA FIRE CODE (TITLE 24, PART 9) AND THE 2006 INTERNATIONAL FIRE CODE WITH AMENDMENTS AS PART OF THE NEWPORT BEACH MUNICIPAL CODE: 1100 -20071 Adopt Ordinance No. 2007 -18 amending Title 9 of the NBMC to adopt the 2007 California Fire Code (Title 24, Part 9 of the California Code of Regulations) and local amendments, and the 2006 International Fire Code. Volume 58 - Page 344 City of Newport Beach City Council Minutes December 11, 2007 4. ADOPTION OF THE 2007 CALIFORNIA BUILDING CODES. (100 -2007) a) Adopt Ordinance No. 2007 -19 for local amendments; and b) adopt Resolution No. 2007 -77 setting forth findings based on local conditions within the City which make certain modifications and changes to the California Building Code and the California Plumbing Code reasonably necessary. C. RESOLUTIONS FOR ADOPTION D. CONTRACTS AND AGREEMENTS 5. AREAS OF SPECIAL BIOLOGICAL SI�i(TIFICANCE - APPROVAL OF AMENDMENT TO PROFESSION AERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. (C, 70). (381100 -2007) a) Approve an Amendment to the Professional S"cegreement with Weston Solutions, Inc. of Irvine for administrat "v professional and field services at a not to exceed price of $42,266 and a orize the Mat and the City Clerk to execute the Agreement; and b) ap e a budget amen `" t (08BA -031) transferring $20,566 from salary s gs the Engineerin ivision (5100 -7000) to Engineering Division vices ofessional and Tect Account 5100 -8080. 6. BIG CANYON CREE 4STORATION PROJECT- APPROVAL OF PROFESSIONAL SERVI AGREEMENT WITH VA CONSULTING, INC. D ROVAL OF DGET AMENDMENT. (C -3598) 1381100- 2007) App rofessional s Agreement with VA Consulting, Inc. of Irvine for de "gn s at a co ct price of $435,159 and authorize the Mayor and City, Clerk cute agreement; b) approve a budget amendment (08BA -032) a p $ ,222 to Account No. 7251- C5100709 creasing rev ue mates b 8,222 representing a contribution from a0 an County. ation District for preliminary design and CEQA do ents for an 'CSD maintenance access road; c) approve a budget ame ent (08BA -03 appropriating $38,703 to Account No. 7251- C5100709 d asing revenue stimates by $38,703 representing a contribution from tat District for additional costs related to the design of _ . the ss roadwa ,approve a budget amendment (08BA -032) appropriating 50,0 Account No. 7251- C5100709 and increasing revenue estimates by 0,000 resenting contributions from The Irvine Company via The Irvine ch Co ancy to cover educational and interpretative elements for the pr ect; and approve a budget amendment (08BA -032) appropriating $48,456 fro the unappropriated General Fund Reserves Mdelands) to Account No. 72,E 1- C5100709 for the Big Canyon Creek Restoration Project: HXR.BOR AREA MANAGEMENT PLAN - AMENDMENT NO. 1 TO ROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS (C- 8985). (381100 -2007) Approve an Amendment to the Professional Services Agreement with Weston Solutions of Carlsbad for a not - to -exceed price of $43,680 and authorize the Mayor and the City Clerk to execute the agreement. 8. NEWPORT BAY WATER MANAGEMENT PLAN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DUDEK (C- 4004). (381100 -2007) Approve a Professional Services Agreement with Dudek of Irvine for professional services in assisting with the preparation of a water management plan at a not to exceed price of $174,400 and authorize the Mayor and the City Clerk to execute the Agreement. Volume 58 - Page 845 City of Newport Beach City Council Minutes December 11, 2007 9. OCEANFRONT SAND REPLENISHMENT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT AND NICHOL FOR ENGINEERING SERVICES (C- 3957). 1381100-20071 Approve a Professional Services Agreement with Moffatt & Nichol of Long Beach for professional engineering services at a not to exceed price of $98,268 and authorize the Mayor and the City Clerk to execute the Agreement. 10. DOLPHIN DEEP WATER WELL REHABILITATION (C -3978) - AWARD OF CONTRACT. (381100 -2007) a) Appro the specifications; b) award contract (C -3978) to General Pump Company, r the total bid price of $145,600, and authorize the Mayor and City Clerk !cute the contract; c) establish an amount of $15,000 to cover the cost unforeseen work; and d) approve a budget amendment (OBBA -029) appr ting $40,600 from the unappropriated balance of the Water Fund to Acc No. 3- C5500460. 11. APPROVAL OF SOL SOURCE RCHASE OF YOUTH PLAYGROUND EQUIP NT AT NEWP ISLAND PARK AND WEST NEWPORT P (C 5). (381100.20 Approve a sole source purchase from Innov a PI ounds Co., Inc. to re the existing youth playground at Newport Park and West Newport k in an amount not to exceed $60,000. E. MISCELLANEOUS 12. BUDGET V27) TO AC A CHECK FROM THE NEWPORT BEACH LI M ON APPROPRIATE FUNDS FOR FY 2007 12008 EXP U S. (100.2007) Approve a budget ent (08Bncrease enue estimates by $100,000 in Account o. 90 -5893 oundation Donations) and increase expenditure es ma tes by the nt in Division 4090 (Foundation). 007 rove a budget amendment (08BA -028) to increase revenue estimates $7,5 n Account No. 4091 -5892 (Friends of the Library Donations), and ease a diture estimates by the same amount in CIP account 7011- to approve the Consent Calendar. The mo carrie by the following roll call vote: Ayes: Coun mber Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council ember Webb, Council Member Curry, Council Member Gardner XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XV. PUBLIC HEARINGS 14. WEST SANTA ANA HEIGHTS (WSAH) GENERAL PLAN AMENDMENT TO INCLUDE WSAH ON CITY LAND USE MAPS AND ASSIGN THE LAND USE CATEGORY DESIGNATIONS (PA2007- 209/GP2007 -007). (21/100 -2007) Assistant Planner Russell Bunim provided the staff report and stated that the plan amendment is a process required by the Local Agency Formation Commission that has Volume 58 - Page 346 City of Newport Beach City Council Minutes December 11, 2007 to be done prior to the West Santa Ana Heights annexation on January 1, 2008 In response to kennel owner Stephe Marquarfs question, Planning Director Lepo assured residents that there will be no changes to the zoning in Santa Ana Heights after the annexation. Lonnie Maurer owns a kennel and presented a letter that addressed the benefits of having kennels and recommended that Council not rezone the area. Robert O'Conner stated he also has dog care and boar g facility on Riverside Drive Motion _by_-Council Member_Rosansky t4adResolution No. 2007 -78 approving General Plan Amendment No. GP2007 -007 land use categories for the area known as West Santa Ana Heights to b into the City January 1, 2008 (PA2007 -209). The motion carried by the following call vote: Ayes: Council Member Henn, cil M er Rosaneky, Ma no Tem Daigle, Mayor Selich, Council Member , b, cil Member Curry, Co it Member Gardner 15. NORTH NEWPORT CENTER NED COMMUNITY (PA2007 -151) - 500 -600 BLK NEWPORT CENTER DRI 2000 BLK SAN JOAQUIN PLAZA. (100- 20071 Dan Mill er, The Irvine ompaovided a erPoint presentation and spoke about the new mixed uses in blacks 500, d in quin Plaza. The four separate land uses are residential, office; hotel a ' r a plan will allow them to work together in a co manner. The new componen and provisions include new setback atan s, a rking in ag ¢e plan, landscape irrigation and addition of lighting. Ro Ott a ted that the design regulations are one of the most important features and it h the zoningpnd design regulations into one integrated document. d s re building location and massing, landscape, cir ion, " ntation,i a and safety which will be used to guide and evaluate propos deve ent in the planned community. Dan Mja eporte hat new plan will extinguish the current CIOSA and Bonita Canyon ement3 at The Irvine Comp any has with the City. He stated that a group otraffic engineers reviewed the plans and concluded that the proposal adds N raffic and allows the ability to attract businesses in Fashion Island. The ive $27 million for a development fee to be used to build a City Hall ich half of that amount will be given upon issuance of the first building will be a four year option to purchase a site within block 500 for the determined appraised value and a guaranteed use of 300 to 375 exclusive parking spaces to serve City hall. The plan also transfers to the City 72,000 square feet of the 277,000 square feet of unbuilt company entitlement of office uses which will be transferred to block 500 to use for City Hall. The other aspects are $5.6 million toward the construction of the OASIS Senior Center, $5.6 million for park improvements, and $2.5 million for roadway improvements. The City is also allowed to use the remaining CIOSA funds of $2.2 million for roadway improvements designated by the City. If there's a City Hall built next to the Library or the OCTA site they will dedicate 3.2 acres for park and open space purposes. In addition, there will be water quality enhancements and they have agreed to dedicate a 4 acre site known as Lower Castaways to be used for marine and recreation purposes. The Irvine Company asked Volume 58 - Page 347 City of Newport Beach City Council Minutes December 11, 2007 Council to consider the approval of resolutions, ordinances, zoning code amendments, the Planned Community Development Plan, design regulations, the traffic study, affordable housing implementation plan, the development agreement and Transfer of Development rights. They are in agreement with the Planning Commission height limits and parking management plan. Assistant City Manager Wood talked about future plans for Newport Center and stated that the planned community is significant because it is the first zoning document that Council has before them to implement the 2006 General Plan and it is creating one place that people can go to look for regulations. She ' icated that this will be the first time the Council has procedures to approve trans" and development rights. Transfer of development rights can be approved as long `it is consistent with the intent of the General Plan and doesn't result in adverse impact. She pointed out that the design regulations implement the policieat are a General Plan and that there is a plan review process. The Planning 9mmission re ended changes to the parking requirement for General Office of 9W parking space 375 square feet of general office. The City hired Austin F t iates to prep a traffic analysis of the transfer which resulted in t M p hour staying th e. There was also an analysis of density. She nd Council that the proje required to have a development agreement that me ll requirements of code. A Faust found that there will be impacts at three int ections: MacArthur Blvd., San Joaquin Road, and Pacific Coast way at Gold d and Marguerite. She stated that the Affordable Housing I tation plan uires 15% of the units to be affordable and the Planning Commis n to not ha ordable housing concentrated in one building. Council ber Gardner lieve at wa uality is good and the plan would allow more o ty to imp e e water system, parking improvements and extend land ping using smart. ers for irrigation. She also suggested that the paving be co ucted . lighter colors. he emphasized the importance of placing housing in sites t ar " ady develope d energy equipped. cil mber he supports the Planning Commission's recd enda that the able housing units be spread throughout the buildings. Council mber b clarified that page 16 of the staff report should read 3rd left turn lane. He presse preciation of the dedication of the four acre waterfront called Lower C ways be use it helps with water quality of the upper bay and allows the City to ope to and provide resources for the maintenance of harbor facilities. uncil mber Henn stated that the agreement is good and favors the City. Co ember Rosansky stated that there are benefits to the City that will be derived from agreement. The major changes to the development agreement is to include a dedication of the land within 30 days of the following: the City is awarded a contract for the construction of City Hall at any location within the City or the option to puchase the City Hall on The Irvine Company's property is terminated. Mayor Pro Tem Daigle expressed her appreciation to The Irvine Company and their willingness to put water quality methods in place and the benefit to the public. In response to Council questions, City Attorney Clauson clarified that the development rights for the hotel units in the Hyatt Newporter property are protected. She also stated that there are changes in attachment A -2 in the development agreement which did not include some properties. She stated that she can add maps to the legal Volume 58 - Page 848 City of Newport Beach City Council Minutes December 11, 2007 descriptions as requested. Brook Morris, President of Newport Hills Community Association, believed that the implementation of the affordable housing is too concentrated in one location and requested that there be no more than 50% of low income housing at the Child Time location. Evelyn Hart, spokesperson for the Friends of OASIS, stated that the project is important to fundraising. She encouraged Council to vote in favor of the project. Richard Luehrs reminded everyone that the 99th [dual Christmas Boat Parade will start on December 12th. He expressed support f he project and read a letter in favor of the project that was signed by himself, Jean tt and Jan Vandersloot. George Shroeder stated that he attend all o eetings regarding the project and he encouraged Council to vote in vor of the a ment because it is a fair and reasonable plan. Scott Smith, Best Best and ger, re senting Mr. Presf I oted that they worked with staff and The Irvine Co r ding parking issues an me to an agreement to his satisfaction. Tom Orbe noted that a intent of affo ble housing is to allow low income residents to mix with other resid having the rdable housing concentrated in one area is not beneficial. He sake to do a se ate traffic study to ensure the safety of children using the natur path. Alisha Sa Law of L' old, n on and Mann, spoke on behalf of Greenh a urged Co t to appm the plan or EIR unless three things oce a Cit comply with Planning and Zoning law, the City prepare and certify a lee, subseq nt EIR for the an and the project be voted on by the residents. Dino S nt ned the n her of units in the plan and how many will be used for YY dabl in . Assist City nager Wood noted that the goal is to have an average of 15% of the total pro as affordable housing. The type of income and the type of construct" ' sugges a number of affordable housing that will be available. Kim Rodo y expressed her concern for safety of the bike paths, traffic concerns, arking a lighting. She stated that low income housing should be spread out more. Bet indicated that he didn't understand the City's definition of concentration an lieved that disbursing the units should be done throughout the City. Dan Miller stated that there are 556 units in the Bay Apartments today, 46 of them are already affordable housing. Assistant City Manager Wood noted that the Regional Housing Needs Assessment (RHNA) for the upcoming planning period has a goal of 1743 units and three quarters of that is needed for very low and moderate income housing. There will be opportunities to disburse the housing throughout the community with future projects. Council Member Curry clarified the income classes and stated that the residents using affordable housing are working class families, single parents and senior citizens. Volume 58 - Page 349 City of Newport Beach City Council Minutes December 11, 2007 Steve Orosz, traffic engineer retained by the Greenlight PAC to review the complex traffic study, talked about the trip rates for am and pm hours. He emphasized that it is relevant for Council to consider what happens in the am peak hours as a part of a test for traffic neutrality. Robert O'Hill expressed concern that the Newport Beach Country Club has been forgotten because the project changed hotel units to office units. Mark Binder stated that he is concerned about affor le housing because the element of the people can be different and the buildings a in close proximity to schools and children in the neighborhood. He urged Co cil to disburse affordable housing throughout the City. Philip Arst stated that there are deficieelea in t evelopment plan that should be resolved because people are not Xaw'd the traffi uisance. He urged Council to disapprove the development agree and return it to a Irvine Company to bring all portions of it into compliance . e Law. Assistant City Manager Woo ca that there is confusion regard to the socio- economic model, which is require :al Orange County Trans ortation Authority to be compatible and eligible for re funds. She noted that for the transfer of development rights TE trip genera rates and pm peak hours was used. In response to Philip t erns, Ci torney Clauson stated that Measure S does not apply to the a lication use the ' no General Plan Amendment. This development entitlement consiste'vwha as adopted by the voters when they approved Land Use pla as a art of the eral Plan in 2006. Bob austin, epresenting the Dunes and Defend the Bay, stated that the project do 't prop ly address wa , quality issues and that it is a problem for health and pub li ell ing. He stated at parking and traffic issues haven't been properly �ddres until to ntinue to negotiate a better deal for the City. Car a an applaud Council's efforts and stated that the project is a great b fit fo Se City. She asked for clarification about the CIOSA extinguished agreeme and wa Council to assure her that the Hyatt project is fully vested. Michelle thel d Council for reconsideration of low income housing by rediatribu it throughout the City. . arles y expressed his concerns about concentration of affordable housing p ul y the childcare site and would like the number of affordable housing to be d and not continue to grow. Tim Epp stated that he would like a clarification on the word "concentration" used in the project plans and would like for Council to agree upon disbursing the low income units throughout the City. Beverly Schuberth stated that she supports affordable housing and thanked Council Member Curry for his explanation of low income. She stated that she would like to see more affordable housing throughout the community. Larry Porter stated that he is concerned because the approval of the agreement is going too fast. He indicated that the details are not clear and encouraged Council to listen to Volume 58 - Page 350 City of Newport Beach City Council Minutes December 11, 2007 their fellow citizens and spend more time on this issue. Dolores Otting provided a handout on ballot Measure V. She briefly talked about the policy, General Plan, and a.m. and p.m. traffic. She stated that Council changed the traffic methodology. Assistant City Manager Wood stated that one of the drafts of the Land Use Element had a policy that allowed for the conversion from hotel rooms to residential entitlement and people did not vote. However, transfer of development rights did remain in the plan. Larry Tucker stated that the agreement is of rushed because the information was available to everyone on the web, in th ewspaper and at meetings; therefore, the City should proceed with this great opp_ -+T Motion by Council Member Henn 1radopt Rea ion No. 2007 -79 approving the Addendum to Final Environmental pact Report (SCH 2006011119) for the City of Newport Beach General Plan 6 U ate; b) introd Ordinance No. 2007 -20 including maps identified as 'bits proposed parking nges, approving Code Amendment No. CA2007 -007 P ned Community Develop nt Plan Amendment No. PD2007 -003 and pass to s d reading on December 1 , 2007; c) introduce Ordinance No. 2007 -21 approving evelopment Agreement No. DA2007 -002 with amended provisions aragraphs 4. Ngrajl ning to the timing of dedication of a 3.1 acre on San Miguel agraph 4airing to water quality improvements in Fashion Island parking rea ara pertaining to the City's use of Lower Castaways, and a chang in the le scriptio r block 500 in Exhibit A, and pass to second reading on Dece be r 18, . do Resolution No. 2007 -80 approving 11 Traffic No. TS20 -00 e) adopt solution No. 2007 -81 approving the Affo a sing Implem tion Plan with additional language that no more than 50% the is at the C Time site shall be affordable and the remainder of the ble 'ts shall not concentrated in one single building in the $ays c le d f) adopt solution No. 2007 -82 approving the Transfer of The on c ed by the following roll call vote: Ayes: Co cil Me Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Seli , Counc' ember Webb, Council Member Curry, Council Member Gardner APPEAL F MODIFICATION PERMIT NO. 2007 -050, 1182 EBBTIDE ROAD - PROV OF HEDGES, A PORTION OF AN ENTRY GATE, A PILASTER, SC PTURES TO EXCEED THE 3 -FOOT HEIGHT LIMIT WITHIN THE R I D 86 -FOOT FRONT YARD SETBACK AND APPROVAL OF AN EXI G 8.b- FOOT -HIGH DRIVEWAY GATE TO EXCEED THE 6 -FOOT HEI T LIMIT WITHIN THE REQUIRED 6 -FOOT SIDE YARD SETBACK. [100 -20071 Senior Planner Jaime Murillo provided the staff report which included the background and purpose of the permit. He notified Council that after discussing the difficulties that the residents were experiencing, the Planning. Commission decided to approve the permit. Motion by Council Member Henn to adopt Resolution No. 2007 -83 modifying the approval of Modification Permit. No. 2007 -050. Volume 58 - Page 351 City of Newport Beach City Council Minutes December 11, 2007 The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner XVI. PUBLIC COMMENTS Stephanie Berger expressed her concern about the extraction of animals at Little Corona. She urged Council to protect the resources that the City has. Council Member Gardner announced that the Coastal Bay ater Quality Committee will be discussing the issues of Little Corona at their next meet Dolores Otting provided a handout of informat \itse ity's website regarding fluoridation. She suggested that the website be anuser friendly and provide more information. Larry Porter expressed his concern about orid 'on nd asked Council to stop fluoridation of water in the City._ handouInd pr ed a PowerPoint presentation that had a atatua update report on he Mcen Sq sculpture provided by Mr. HKaminsky. e PowerPoint included ges, the ording, layout of the sculpture and the timeline used on the clay model. ncouraged Council to make changes and suggestions before the final model I spo a to City Attorney Clauson, Mr. Rockefeller clarified that the $30,000 should be r ed to Mr. Kaminsky as agreed for the photographic evidence of the clay model. Motion by Council Member Henn to approve the initial design and clay model of the Proposed artwork for the McFadden Square Centennial Legacy Project and authorize payment of the first installment payment of $30,000 to ArtisdSculpture Hank Kaminsky. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Volume 58 - Page 352 City of Newport Beach City Council Minutes December 11, 2007 XX. CURRENTBIJSINESS 19. APPROVAL OF THE REORGANIZATION OF THE BUILDING DEPARTMENT. (100-2007) City Manager Bludau informed Council that contracting out work can be a problem because the City has adopted new building codes. He believed that the best way to deal with the new code adoption is to hire additional staff. Jay Elbetter presented a PowerPoint that showed t current positions and proposed changes in the department. He concluded that th roposal will satisfy the needs for the department and adjusted fees can cover the In response to Council Member Rosansky's e n Building Director Elbettar stated that certain staff members can be moved offsite a space. Assistant City Manager Wood a that it is more i rtant for staff with public contact to stay at City Hall. In response to Council Me s questions, Building ctor Elbettar stated that the workload has dropped, h ver, the new code would req implementation of changes: a transition period for g, an update of forms, an update of policies and procedures, and new rts. He state t the cost offset for the new staff will come from the reduction o _ naultants. ill prevent a future budget amendment to the professional and tunic unt. In response to Council M(}mher He tion, ity Manager Bludau stated that the City does t have a systi n to trol th her of consultants. Building Director Elbett ined that th' of .outside consultants is not a specific position, it is vol a bas The fees a adjusted in the new fee study to cover the new staff Sre a Pro Te aigle's question, Building Director Elbettar stated urre the enough employees or supervisors to make de However, a felt that having two Principal Engineers to render tion direction to employees is the best for the department at this time. In respo to Couffq Member Webb's question, Building Director Elbettar stated that there's no liege curriculum to provide the training that is needed in his department. The positi will be tiered and the higher positions are for more experienced and certificate employees and they will look . at the beat qualified candidate for the itions. In use to Mayor Selich's question, Building Director Elbettar stated that the recr ment has been in place for.the Plan Check Engineer position. However, the Principal Engineer position might take longer because a job classification has to be produced. Motion by Council Member Henn to a) approve the proposed reorganization plan including three new and five reclassified positions for the Building Department; and b) approve a budget amendment (08BA -030) to appropriate $117,743 from unanticipated General Fund revenue to the Building Department's salary and benefits account numbers 2910 -7000, 2920 -7000, and 2930 -7000. Volume 58 - Page 353 City of Newport Beach City Council Minutes December 11, 2007 The motion carried by the following roll call vote: .dyes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner XXI. MOTION FOR RECONSIDERATION - None XXII. ADJOURNMENT - 11:14 p.m. to Tuesday, December 18, 2007 at 6:00 p -nL The agenda for the Regular Meeting was posted on Decembe 5, 2007, at 3:55 p.m. on the City Hall Bulletin Board located outside of the City of Newport ch Administration Building. Secretary Volume 58 - Page 354 CITY OF NEWPORT BEACH City Council Minutes Special Meeting December 18, 2007 — 5:30 p.m. `btion b - or Tem Daigle to a) authorize the City Manager to execute a Professional T ices en with PBS&J for the 2006 -2014 Housing Element Update and related CE review; d b) approve a budget amendment (08BA -034) increasing the expenditure app priation of 2710 -8080 by $84,868 from the General fund unappropriated fund balance. motion car ed by the following roll call vote: Ayes. ember Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor S Council Member Webb, Council Member Curry, Council Member Gardner 2. APPROVAL OF NEW EMPLOYMENT AGREEMENT FOR NEWPORT BEACH CITY MANAGER (C- 3262). [381100 -20071 In response to Dolores Otting's questions,.Mayor Selich reviewed the City Manager's base salary. Volume 58 - Page 355 City of Newport Beach City Council Minutes — Special Meeting December 18, 2007 VIII. Motion by Mayor Pro Tern Daigle to approve the proposed Employment Agreement for the Newport Beach City Manager. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Counciljlember Gardner 3. NORTH NEWPORT CENTER PLANNED COMI BLK NEWPORT CENTER DRIVE, 4200 BLK SAN Assistant City Manager Wood reported that she the City Attorney and one from Joe Foust of A correspondence Council received before last we revised square footage sheet relative to Bloc Clauson reported that the City Clerk's o e Company's attorney this afternoon that res noted that it is available for viewing in the (PA2007 -151) - 500 -600 &PLAZA. 1100 -20071 Kited a me dum from her and oust Associate ch responds to ouncil meeting. not that a ks also distributed. Attorney d correspondence fro The Irvine to last week's correspondence. She Dolores Otting questioned who will be paying he parking structure and expressed concern that there would be no ublic input during ddendum process. She hoped that the shadows cast by the buildi uld not cause a em for the area. City Attorney Clauson explained that the par would be for by The Irvine Company, the City would not own it, and th City wo ate th the Irvine Company on the design. City Manager Bludau ad d that t City d pay its pro rata share for the parking spaces and maintenance ch%rges. Dr. Jan Vandersl xpressed sup for the development agreement. He noted that voting for Mea a laces a City 11 behind the library and allows for an additional 72,000 sq. fe of off space behind t 500 Block, which would double the traffic in the area. In response to ttorney Clauson confirmed that the City would not pay for the cost a land for the parking structure, just the cost for maintenance, the e use o parking structure. She discussed land consistency and the land fer pro n for 2,000 square foot building. Joe Foust, AXIS -Foust A ociates, discussed the use of the p.m. peak hour and reported that they analy d whether using this was still valid. He noted that they used both a.m. and p.m. peak h s in the traffic analysis. tion b C ncil Member Gard to a) adopt Ordinance No. 2007 -20 approving No. CA2007 -007 and Planned Community Development Plan Ame .A�me/ndent PD2007 -003; and b).adopt Ordinance No. 2007 -21 approving Development AgreeDA2007 -002. Council Member Webb noted that The Irvine Company will be dedicating Lower Castaways to the City in the development agreement, which is the birthplace of Newport Beach. Mayor Selich read a statement relative to transfer development rights, traffic impacts, the Housing Element, and the housing count for the area. Volume 58 - Page 856 City of Newport Beach City Council Minutes — Special Meeting December 18, 2007 The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 4. GROUP RESIDENTIAL USES - UPDATE AND CONTINUED DISCUSSION. 1100- 2007) Cynthia Koller provided articles which promote Newport $each f lternative sentencing. She noted that the facilities are advertised on the internet a discussed a December 15 Doily Pilot article. She believed that the residents are bein igeted for harassment, the 1,000 foot separation is needed, and the Conditional U e (CUP) process doesn't make sense. In response to Ms. Koller's questions, Assistant ty Manager Kiff ted that he is reviewing the Intense Residential Occupancy Yarcotics a (IROC) meetin utes which will be made available at the end of the week. tager $ludau indica at he will look into the Police Department's website r ive registration. Ed Vanden Bossche provided suggestions w to improve and clarify the ordinance relative to the use permit, reasonable acco dations, hearing officer qualifications, disclosure of tenants, extensions, financial penalti nd right to appeal. Craig Batley noted the increa eds since 2004 emphasized the need for clear standards. He discussed reas modations expressed concern about grandfathering and allowing facih es in dup Gerri Shapiro asked if the vision fo ewp Beach is to be the drug rehabilitation capitol of the world. Shelly Dobkins a hat the resid are experiencing undue hardship and supported the 1,000 foot parat n as a minim Paul Slos eved at other cities ha incorporated the 1,000 foot separation and that Oceanside is h ' g ' s would adopt this. Wil ' ear. that the citizens want nonconforming uses abated within six or the 1 expires, whichever is sooner. Lori Morris be ed that thing the City does will be perceived by the recovery facilities to be discrimin ry and t the 1,000 foot separation needs to be included in the ordinance. She quested that the 800 unlicensed beds be abated. She expressed concern about criminals ing the facilities and the grandfathering provision. She noted that the ns need C cil to deal with this issue. Bill h asked that Council represent the citizens and make Newport Beach a reasons to live in. Eric Oberg stated that he sent Council an email last week. He believed that, since the facilities are paying excess market rates to rent the locations, it is pricing out future citizens from living in the City. Dick Nichols noted that six and under facilities are required to be licensed and that the City should enforce this. He believed that non - licensed facilities should be issued notices to leave the City. Volume 58 - Page 357 City of Newport Beach City Council Minutes - Special Meeting December 18, 2007 ►® Neil McFarland, Lido Isle Community Association President, believed that the 1,000 foot separation would still allow six facilities on the island. He added that many of the residents would leave if this occurred. Mustafa Solermez agreed that the 1,000 foot separation should be included in the ordinance. Bob Rush asked how the community can appeal decisions of hearing officer and Planning Commission. He believed that the ordinance shoo include a maximum acceptable number of beds and that the CUP process wo veonly eliminate about 20 percent of the facilities. He discussed over concentration a rse discrimination. Denys Oberman believed that the ordinance is similar what Nthhe n 2004 but now there are a lot. more facilities in the City- he empeed to de- institutionalize the coastal neighborhoods, include a 1,000 fooause it can be justified, and use sound planning stan Sh believed should not allow any more facilities, that unlicens ed es uld be phat having no disclosure about the residents puts the at risk. Dav id Diamond stated that the citizensTw distance requirement and believed that using American Planning Association (APA) dards is not appropriate for Newport Beach. Dolores Otting stated that she Council relative a reality intervention show and took issue that there are 1,0 u omes in t ity. She noted that refuse contracts can be terminated in 3 ays, but i e 9 to 120 days to get rid of the facilities. Warner Asher stated that he sent 404 an email relative to people buying houses in other cities becau y are concern out the fabric of the community. Mary Gillila emp zed that the r very facilities are still businesses and need to be controlled. a expr sed concern abou ver concentration. Special. Coun M t they will take every suggestion seriously and that some of the stions will be implemented into the ordinance. He emphasized the de ' e t nst effective and valid ordinance on January 8 that deals with the lem. P IC COMMENT s Otting expresee concern about over - watering on Newport Center Drive and the dirt pile at t ewport Beach untry Club not being covered. She suggested changing the fields in the parks ificial turf. a listed medications that contain fluoride. Council Me Ga er asked that Code Enforcement be made aware of the evening runoff. Assistant City ger Kiff noted that there are other means of erosion control, other than placing a tarp on dirt pile. Mayor Selich, announced that the Newport Center Drive sprinkler retrofit that's included in the development agreement will need to be completed by June 2008. Joe Reese believed that the Newport Beach Brewing Company is not supposed to open business until 5:00 p.m. He read a letter that he and other residents sent to Police Chief Elein relative to the improvement in the quality of life on the Peninsula due to increased Police presence and enforcement activities at the area bars. George Schroeder, President of Speak Up Newport (www.speakupnewport.org), reported that Volume 58 - Page 358 City of Newport Beach City Council Minutes - Special Meeting December 18, 2007 AirFare will be discussing what can be done to stop future expansion at John Wayne Airport (JWA) at their January 9 meeting which will be held at 5:00 p.m. at the Newport Beach Yacht Club. X, ADJOURNMENT - 8:52 p.m. The agenda for the Special Meeting was posted on December 14, 2 7, at 11:80 a.m. on the City Hall Bulletin Board located outside of the City f Newport Beach Administration Building. Mayor Volume 58 - Page 359