HomeMy WebLinkAbout01 - 01-09-2010, 01-11-2010 and 01-12-2010 MinutesAgenda Item No. 1
January 26, 2010
CITY OF NEWPORT BEACH
City Council Minutes
Newport Coast Community Center
6401 San Joaquin Hills Road
1. Welcome -Mayor Curry
2. Roll Call
Present: Council Member Selich, Council
Curry, Council Member Webb, _9
2. Review Agenda it
Ell
of a
Pro Tem Henn, Mayor
uncil Member Daigle
provided an overview of what will be
to speak at the end of each agenda item, and
the following 2009 City Council
the adverse impacts of John Wayne Airport
budget
Enfor ' nt o City's group omes regulations
Alignme f the s codes with the General Plan
Reduction a ha sin Lower Buck Gully
Implements n of an ective Traffic Management Plan
Completion the schematic design phase and
the Enviro ntal Impact Report (EIR) for the Newport Beach Civic Center
viding m e public parks and recreation facilities
A g t Banning Ranch property
Imp tion of water quality improvement projects.
Dre of the Lower Newport Bay.
City Manager Kiff also discussed the goals and status of the following 2010 City Manager
Priorities:
Assessment of the overall organization
Recruitments and reorganization
Addressing the budget challenges
Continuance of the implementation of performance measures
Advancement of the City's Airport Policy
Keeping the Lower Newport Bay dredging on schedule
Volume 59 "- Page 350
City of Newport Beach
City Council Minutes
January 9, 2010
Keeping the Civic Center project on schedule
Ensuring that the projects have a clear line of responsibility
Maintaining a high level of communication with the City Council
Ensuring that the City's hiring and recruitment processes are in compliance
with laws and codes
Implementation of the Facilities Finance Plan
Incorporating Performance -Based Budgeting into the budget
Revising Harbor fees
Improvement of Council staff reports and the agenda pr ss
Providing efficient and effective staff meetings
In response to Council questions, City Manager ff stated that he is preparing a
Community Newsletter to send to residents. R the Banning Ranch appraisal, he
stated that residents were not satisfied with a resu y nd indicated that staff will be
requesting q g a ppraisals from more than one raiser. Re ing the Traffic Management
Plan, Public Works Director Badum stag- that staff is wor with Caltrans relative to
the conditions of Coast Highway from J,gmbore ad to the San a River, and the Back
Bay bridge. He believed that an additional ase will be needed convert the Caltrans
signals to the City's system and no-' h e City will ask the Sta r funding to assist
with the conversion process. He discu the Traffic Signal Modernization Phases and
their locations, and noted that he has ade to staff resources to work on the system at this
time. ,,,
Mayor Pro Tt He oted that the
uestion re ding dredging the Lower Newport Bay
1 is to the contaminated sediment to the
3' s H noted that Anchor QEA is currently
Manage ood stated that a Mitigated Negative
for the disposal of contaminated materials so the
y should celebrate successes
to 'nia An ore's question, Utilities Director Murdoch stated that
he City nuo replaces underground pipes, indicated that a recently updated
study from 1 req staff to look at every pipe in the City to confirm that they are
functioning pr rly, a noted that the 2010 priority for his department relates to
wastewater. Cit Manage stated that the plan is to dredge Newport Shores after the
%eder gover ent completes their portion of the dredging and reported that,
t ugh lobbyist in Washington, the City is trying to get the Santa Ana River Main Stem
Pro expands to restore the marsh area. In response to Novell Hendrickson's question
regar ben arking and performance measures, City Manager Kiff stated that
approxim 1 200,000 has been spent on the project, believed that the process is needed,
and noted t t the consultants recommended conducting surveys every two years.
4. What to Expect in 2010
a. Economy, Budget, and Sustaining the City's Fiscal Condition
Mayor Curry stated that Council will address fiscal problems, provide a strategy,
and ensure that the City maintains fiscal stability. He stated that the elements of
the Fiscal Sustainability Plan requires that Council affirm their commitment to
fiscal sustainability by supporting businesses and residents, staying committed ,to
budget measures and not use reserves, and managing government better.
Volume 59 - Page 351
City of Newport Beach
City Council Minutes
January 9, 2010
Council Member Gardner believed that the City should encourage businesses to
support each other by utilizing their services.
Council Member Daigle believed that Public Safety should be maintained during the
fiscal sustainability. process and suggested that the Finance Committee monitor the
grant writing process.
Council Member Rosansky suggested that the
schemes" be removed from Item 14 (Frivolous LaA
In response to General Services Director H on
Contracting), Mayor Curry explained comp : cor
utilize it. City Manager Kil stated tha e City "
at what other City's are doing and nee' that som
Request for Proposal (RFP) process. ayor Pro Tem
needs to maintain an objective, ,e3en -haled view re
sourcing work for the City, and `noted teat the City is
In response to Council Meml
professional services contract
City Attorney
qualified profee
In response to Co
Efficien Mayor (
that theAte other
Virginia An
seen the bid
"and other shakedown
regarding Item 9 (Competitive
tracting and when the City will
make a focused attempt to look
tracts will be changed to the
emphasized that the City
lati ` oth outsourcing and in-
lookin `h r the best outcome.
e's question, City Mang* Kiff explained the
bid process.
that it
"S
rs, discuss
Per ' h's
tha
ethods
appropriate for the City to look at
g contract, and conduct negotiations.
�.stion regarding Item 10 (Energy
certification is an option and stated
also provide cost savings.
more's question, City Attorney Hunt explained the
and a Professional Services Agreement (PSA).
ar to Compensation and Benefits), Human Resources
r ,'dy suggests at staff meet with the employee bargaining groups to
expl the r ns for reviewing City services.
Richar uehrs, wport Beach Chamber of Commerce, commended Council for
their a in in taining economic sustainability for businesses and suggested
that the ity consider establishing an economic impact analysis when adopting
b. " rgan ational Changes After Initial Restructuring
Ma Curry discussed the changes, noted that 36 employees opted to participate
in t e Early Retirement Incentive Program (ERIP) which would save the City
approximately $3. million, and indicated that staff will focus on how to provide the
same level of service with a reduced workforce.
Utilities Director Murdoch described the services the Utilities Department provides
and noted that the department had 12 employees participate in ERIP. He discussed
the elimination of one division within the department; possible contracting out of
meter readers, consolidation of 'jobs, cross- trainingi. and monthly utility
meter reading. In response to Council Member Rosansky's question, he explained
that monthly billing will not be cheaper, but will be more efficient. Further, it will
Volume 59 = Page 352
City of Newport Beach
City Council Minutes
January 9, 2010
lead to less cut -offs, allow residents to see how much water they
have used/conserved, and noted that study will need to be conducted before they
know the full benefit of the program. Council Member Rosansky expressed concern
about the loss of part -time positions. Council Member Webb believed that the
summer work will benefit the youths in the community. City Manager Kiff clarified
that the Utilities Department will still need part -time workers. In response to Mayor
Pro Tem Henn's question, Utilities Director Murdoch stated that automated meter
readers are costly, believed that it will take a long time to implement, and
explained cost and labor issues. Is
General Services Director Harmon explained t . services provided by the General
Services Department, noted that 13 position ere eliminated, and stated that the
loss of employees will result in no im routine services, but impacts to
unplanned projects. He discussed the nges utes and indicated that there
will be more cross - training and agreements with tractors. He noted that the
response time for services will b7lengthened. In onse to Council Member
Daigle's question, General Serytees Dir #tor Harmon sta that two refuse drivers
retired, so the early work dkM:,issal iuAntive will not be a ble to the remaining
drivers. Richard Luehrs c�ende`3 the General Services partment for their
hard work. e
Public Works Diror Bad di' sed the services that the Public Works
Department provid nvidel d that one en eer retired, highlighted the CIP program,
discussed Public Wo rojects, bn explained the current Assessment
District projects, and p f update _ water quality and the Buck Gully.
C. Key
and Senior rvice h '
ector weiler discussed the services that the
nand Seni rvioes Depa ent provides and noted that the
d not lose a mployees to ERIP. She discussed the summer camps,
.ng and Tenn Program, the autism pilot program, Marina Park and
e Park, OASIS ' enior Center, and working with the community. In
Membe ,. aigle's question, she stated that the new OASIS
er wi 9 us opportunities and noted that the programs are
Measurements
Assistan City. Manager Wood discussed
citizens eys, first quarter results, and
Henn ce mended staff for their progress.
benchmarking, performance measures,
the adopted ordinance. Mayor Pro Tem
Vsources Director Cassidy stated that the Civil Service Board is dedicated
ng the percentage of employee performance evaluations, indicated that
king on a new online system, and noted that there is a committee of staff
members working on pinpointing issues that some departments are incurring.
Building Director Elbettar explained the services provided by the Building
Department and stated that counter service has improved. He noted that
requirements from applicants will change to ensure that the process of approving
plans will be fast and efficient.
Public Works Director Badum explained the Public Works Department's
benchmarking process and provided a copy of the CIP Project Construction Report.
Volume 59 - Page 353
City of Newport Beach
City Council Minutes
January 9, 2010
He noted that the report will aid staff in identifying problems to ensure that they
are worked out for future projects.
In response to a Virginia Anders- Ellmore's question, City Manager Kiff stated that
some landscaping projects are managed by the City and funded by the
Redevelopment Agency.
In response to Council Member Daigle's question, Public Works Director Badum
explained the process for project scheduling and noted that work is distributed
according to need.
City Manager Mff commended staff for workio6ard on benchmarking.
b. Determinine Priorities for 2010
Mayor Curry talked briefly about reducing Ire impacts of Jo ` ayne Airport (JWA), group
homes concentration, and maintaining st�di g fis 1 health. He Iained the potential goals
and projects for 2010 and indicated t t the procts and initiativesere organized into five
goals and is categorized with previ and w priorities. He belie that the City could
achieve the goals and objectives with e e management and by pro ing great customer
service.
Interim Assistant City Man�P her p
,.,._,., kina ex lai --_ the information in the staff report.
In response to Council Membe Gar uestion, Manager Kiff clarified that Goal 5
(Environmental Sustainability) fens top _ ater. A until Member Gardner stated that
an economic anal is could be cc y.
Council C ° ens _Items
tit._
Regarding' cal stainability, it as the consensus of Council to divide the Harbor
fees into two a date the ty's Harbor fees in an manner that is fair, and 2)
S echa " o — I*r projects such as dredging and harbor amenities.
un er nsky behev' hat the revenue accumulated from the fees should be
used strictly Harb rojects, expressed concern about increasing Harbor fees, and noted
that Council n it s to f r discuss the allocation of the fees.
Effittive Management, Council Member Selich emphasized the
a offi hing the Zoning Code Update in 2010. Assistant City Manager Wood
that t e City complete the Transportation Fair Share Fee. City Attorney Hunt
d the portance of getting the Housing Element certified.
Regarding nomic Sustainability, Mayor Pro Tem Henn suggested adding the Balboa
Village visi ring process and parking study, the acquisition of Coast Highway, and the
implementation of a Fourth of July Celebration to the list. He added that there is no
revitalization proposal in Lido Marina Village and suggested that when revitalization is
explored, it should include Via Oporto. He also suggested that staff lead a planning process;
to assist land owners. Council Member Selich stated that the whole area would need to be
included in the vision process. Council Member Gardner suggested that residents be
.allowed to provide input during the process. Planning Director Lepo believed that the City
Attorney would need to weigh in on the process to ensure that property rights are not
violated. City Attorney Hunt stated that completing the Zoning Code Update is a priority for
the City Attorney's Office. In. response to concerns raised by Council Member Webb relating
-- - - - - - - -
--------------- -----
City of Newport Beach
City Council Minutes
January 9, 2010
to staffs capacity to take on these planning efforts, City Manager Kiff stated that he can
bring a report to Council on a proposed process to stimulate revitalization of Lido Marina
Village and Balboa Village.
Mayor Pro Tem Henn stated the he does not intend for the Balboa Village study to be a
major planning study, but envisioned a community outreach effort in which he would
like parking incorporated. He suggested that they update the current plan.
City Manager Kiff clarified that the clean -up of Mariners File is between Dover Drive and
the McDonalds.
Richard Luehrs suggested that the wording be Chang _" support other businesses. Council
Member Rosansky suggested that "such as Resta Week" be removed. Assistant City
Manager Wood suggested adding "as outlined i e Str" c Plan for Fiscal and Economic
Sustainability.',
Regarding Environmental Sustainabilii
should be added to the low line are
agreed that the seawalls will need b
Member Webb stated that adjustmen
higher elevation. Building Director E
map. In response to Phi Bettencc
Settlement Agreement with ' it y of
the litigation is closed and th''
In response to Public Works
Member Webb stated that the
that the City ,6.0, consider
planning st y shoilld be imp]
the aroiecdr
Acting
when
Cou il Member G" er believed that sand
of theity for protectio until Member Selich j ra d to handle the high 1 of water. Council
needed to ensure that new buses are built at a
r reported that FEMA revised the elevation
ut uestion relative to the Traffic Mitigation
3unti n Beach, City Attorney Hunt stated that
..;
Ba uest' ' s regarding Mariners Mile, Council
? " allo six lanes on Coast Highway, indicated
£g an imple'` entation plan, and believed that a
in 2010. Mayor Pro Tem Henn expressed support for
or Kurth encouraged Council to consider using the
iource. Mayor Pro Tem Henn suggested that staff
on is evaluated.
Steve Ray, Ba 'ng Rai Conservancy, suggested that Council request a specific plan to
create a vision, veloand building standard. He also suggested that the property,
usiness, and re dentllowed to provide input. He noted that the residents voted for
n space, emp seized that the project has to be a dual track, and asked that the City
in e a more p active approach in its strategies to acquire funds.
Karen Tl ab*mmended Council for communicating a valuable and clear message that is
In response to Ron Hendrickson's question, Mayor Curry stated that the City does not have
a date of completion for the Facilities Finance Plan and noted that the order in which the
priorities are placed on the list does not determine. their priority.
Tim Collins, Harbor Commissioner, expressed concern about the rising water levels, building
heights, and staying in compliance with Coastal Commission regulations.
In response to Virginia Anders- Ellmore's question, Mayor Curry referred her to the Fiscal
Sustainability Plan to see the efforts that the City has taken to improve the budget
Volume 59 =Page 955
City of Newport Beach
City Council Minutes
January 9,2010
shortfall. He stated that the City has $80 million in reserves and assured her that Council is
focused on the budget.
6. Adjournment -11:54 a.m
The agenda for the Regular Meeting was posted on January 5, 2010, at 4:45 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
Volume 59 - Page 356
CITY OF NEWPORT BEACH
City Council Minutes
Adjourned Regular Meeting
January 11, 2010 — 5:30 p.m
I. CONVENED IN OPEN SESSION - 5:30 p.m.
II. CLOSED SESSION - Recessed to Closed Se
A. Conference with Leral Counsel - I
5:31 p.m.
54956.9(a)1: Eleven matter'a):
1. Group $owes Matte live tters all aNRecove £ the Group Homes
litigation brought a at the ty, as follows
a. City of Newpo ch v. Morningsida cross -clai m in the
b.
G
XL
e.
2.
j
b.
o.
d.
Concerned Cit 's v. City. of Newport Beach matter, (the
Co rned Citiszns plaint has been previously resolved to the
sa 'on Of,
f the'p .. `'.arid is no longer pending.) - U.S. District
Co
SAP 08 92-IVS (RNBx)
Sober wing Sea. City of Newport Beach - U.S.
Distri ct? urt o::. 08 =00200 JVS (RNBx)
City of. port Beach.' u. Morningside Recovery - Orange
county S 'riorCOurtbase No. 07CC11894
Paccfic.Sho s v. Newport:Beach - U.S. District Court Case No..
AGf(PLAx) .. ..
Newport Coast Recovery .v. :City of Newport Beach - U.S.
strict Court Case No. SACV 09 =0701 DOC (ANx);
cp xes Matters: Sig mattera all arising out of the Group Homes
tigation brought against the City, as follows:
Pacific Shores v. Newport Beach - U.S. Dept of Housing &
Urban Development Investigation No. 09 -08- 0592 -8
Newport Coast Recovery v. City of Newport Beach - U.S. Dept.
of Housing. &: Urban,Development Investigation No. 09-09- 0713 -8
Paul. Murdoch v. City of 11'64port.Beach - U.S. Dept. of Housing
Urban Development Iiieat � nL No. 09=09= 0831 -8
.The Kramer Center v. City of Newport Beach - U.S. Dept. of
. Housing& Urban Development Investigation No. 08- 09- 08:13 -8
Oxford Mouse v. City of Newport Beach - U.S. Dept of 119using
Volume 69 - Page 857
e.
Concerned Cit 's v. City. of Newport Beach matter, (the
Co rned Citiszns plaint has been previously resolved to the
sa 'on Of,
f the'p .. `'.arid is no longer pending.) - U.S. District
Co
SAP 08 92-IVS (RNBx)
Sober wing Sea. City of Newport Beach - U.S.
Distri ct? urt o::. 08 =00200 JVS (RNBx)
City of. port Beach.' u. Morningside Recovery - Orange
county S 'riorCOurtbase No. 07CC11894
Paccfic.Sho s v. Newport:Beach - U.S. District Court Case No..
AGf(PLAx) .. ..
Newport Coast Recovery .v. :City of Newport Beach - U.S.
strict Court Case No. SACV 09 =0701 DOC (ANx);
cp xes Matters: Sig mattera all arising out of the Group Homes
tigation brought against the City, as follows:
Pacific Shores v. Newport Beach - U.S. Dept of Housing &
Urban Development Investigation No. 09 -08- 0592 -8
Newport Coast Recovery v. City of Newport Beach - U.S. Dept.
of Housing. &: Urban,Development Investigation No. 09-09- 0713 -8
Paul. Murdoch v. City of 11'64port.Beach - U.S. Dept. of Housing
Urban Development Iiieat � nL No. 09=09= 0831 -8
.The Kramer Center v. City of Newport Beach - U.S. Dept. of
. Housing& Urban Development Investigation No. 08- 09- 08:13 -8
Oxford Mouse v. City of Newport Beach - U.S. Dept of 119using
Volume 69 - Page 857
City of Newport Beach
City Council Minutes
January 11, 2010
& Urban Development Investigation No. 09- 09- 0830 -8
Yellowstone u. City of Newport Beach - U.S. Dept. of Housing &
Urban Development Investigation No. 09 -09- 0834 -8
Reconvened at 6:00 p.m
City Attorney Hunt noted that there was no reportable action out of Closed Session.
III. )IgI,L CALL
Present: Council Member Sclich, Council Member Ro.V&ky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Memygr Gardner, Council Member Daigle
IV. PUBLIC HEARING
1. APPEAL OF HEARING OFF -iR'S DF,NI OF USE PERMITS AND
REASONABLE C EONS - YELLOWFLONE WOMEN'S FIRST
STEP HOUSE, INC. - 1661 US 2008 -034) (R 09 -004) (PA 2008 -106);
1621 INDUS (UP 2008-0 (RA 9 -006) (PA 2008 -10 671 PEGASUS (UP
2008-036) (RA 2009 -006) 107); AND 20172 RED DS (UP 2008 -057)
(RA 2009 -007) (PA 2008 -10 68- 100120101. [Continued from the 9122109,
11/24109, and 12102109 Council tings]
City Attorney Hunt d the legal es of the appeal.
Associate Planner B wn ut Powe nt presentation and presented the
locations of the Yello tone H use rmit applications, previous public
he i We adopted luti reason accommodation requests, and appeals
f'I owstone.
uty Ci Attorney Wol tt presented staffs analysis of the amended reasonable
a mod 'one requests a supplemental items. She reviewed the definitions of
reaso I ation a single housekeeping unit, and reported on evidence
Ap nt 1 Steven Polin presented the Appellant/Applicant's position,
cap g ce over the City's analysis of reasonable accommodations,
discuss the th peutic benefit and financial necessity of having a group of twelve
reside one location, and noting that the ordinance does not include an
accomm tion for disabled people. He discussed annexation issues and lack of
County orcement, exceptions for single housekeeping units, the family values and
up ctionality in the group home environment, and code requirements. He
t the Yellowstone homes will now be run by Oxford House. In response to
Co questions, he noted that curfew rules are specific to Yellowstone
fa 'ties and may change, discussed the four Yellowstone homes that are now
certified and operated as Oxford Houses.
Mayor Curry opened the public hearing.
Stephen Abraham expressed concern that Yellowstone rules not being followed,
discussed previous hearings, discussed the number of bedrooms in each home, and
felt that the appeal should be denied.
Chet Groekreutz discussed his experiences with alcoholics and the difference
Volume 59 - Page 368
City of Newport Beach
City Council Minutes
January 11. 2010
between Alcoholics Anonymous and a group home program. lie expressed support
for Council denying the appeal.
Michael McDonough felt that Yellowstone residents violate the rules and asked
Council to deny the permit.
Larry Mathena emphasized that Yellowstone has surrendered its control to Oxford
House and expressed concern that there will not be a landlord to enforce the rules at
the group homes.
Barry Walker discussed housing occupancy, use rmit requests, fire department
regulations, fire hazards due to smoking, faci vans parked in the neighborhood,
Yellowstone presence in the neighlx>rhood, a rule enforcement at the homes.
Judy Hoyer Walker believed that Yell tone \Oxford ts facilities since it
is now aself- governed Oxford lieu ,and exat the fabric of the
neighborhood is being damaged.
Appellant Counsel Steven in di sled model, addressed
neighbor concerns, noted t Yel stone is r its facilities, and
discussed fire clearances.
Hearing no furth testimony, or Curry closed the public hearing.
City Attorney Hun that tonigh hearing is to address the question of
whether or not rube tia ce exia the record for the Hearing Officer's
determination. lie her note any g said at tonight's hearing is not
evidence if it does not al ad y e, to but considered argument, therefore,
the O louse issue d sident testa ony cannot be used for the basis of a
d U. noted that analysis as reflected in the record is considered
stantial vidence. In onse to Council questions, he clarified that Council
s d re w the record to if it supports the Hearing Officer's determination,
di d . erence be en a single -family unit and a single housekeeping
INA tate is sufficient to sustain the decision of the Hearing
Kit Bfto, S Counsel, discussed evidence relative to financial and therapeutic
bene5 He po out that there are no facts in the record to support financial
ne Vhyp I nd the is lack of evidence to support the need for twelve people in the
legislature states that six people are sufficient. lie reported that
L tics] situations posed to the Orange County Planning Department and
igations do constitute substant ial evidence, and reiterated that the
se organization is considered new evidence and should not be taken into
n tonight.
Council Member Daigle noted that Council has made every effort to retain the
single - family residential character of the neighborhood. Council Member Gardner
felt that there is substantial evidence to support the Hearing Officer's findings.
Mayor Pro Tem Henn also expressed support for the Hearing Olfieej�s decision.
MQOQ�y Council Member Daigle secondod by Council Member Gardner
to a) determine that there is substantial evidence in the record to support the
Hearing Officers decision to deny Yellowstone's application for the use permits and
reasonable accommodations; b) sustain the decisions of the Hearing Officer since
Volume 59 - Page 359
City of Newport Beach
City Council Minutes
January 11, 2010
substantial evidence supports the denials; and c) direct staff to bring back a
resolution at the January 26, 2010 meeting to be adopted consistent with this
decision.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
V. PVBLICCOMMENTS -None
Vl. ADJOURNMENT T - 7:21 p.m.
The agenda for the Adjourned Regular Ong d osted on January 6, 2010 at
3:00 p.m on the City Flail Bulletin Boat orate o ide of the City of Newport
Beach Administration Building. It
Secretary
Mayor
Volume 69 - Page 860
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
January 12, 2010 — 3:30 p.m
I. PQL,L�,AIJ,
Present: Council Member Selich, Mayor Pro
Webb, Council Member Gardner, Cou
Absent: Council Member Rosansky
II. C�IRR�N�B�N��
1. CLARIFICATION OF
Regarding Item S21 (Early 1
appreciated the budget amei
with a Newport Bev&h based
Regarding Item lb
requested and rece,
will be brought to C
In rc�into Mayor
five yeJam and that i
ltdoor Furniture for
DO I
Mayor Curry, Council Member
Daigle
CONSENT
Incentive Program), C(Mncil Member Daigle
the fact that the City will be doing business
reef weeping), Council Member Gardner
that a al for bi- weekly street sweeping
eon's question regarding Item 15, General Services
the contract will include CPI adjustments for the
pment will either be CNG or LNG. Regarding Item
Deputy Public Works Director Webb explained the
outdoor furniture purchase. Mayor Pro Tem
t a sole source contract for the indoor furniture
that he will be pulling Item 18 (Charter Update Commission)
s to the resolution.
iff introduced the new Administrative Services Director, 'Racy
liscussed her background and thanked Council and staff for the
TO NEWPORT BEACH MUNICIPAL CODE CHAPTER 5.42,
iOLICITATION WITHIN THE CITY.
Deputy City Attorney Wolcott discussed the current solicitation ordinance,
enforceable restrictions, possible hours of restriction for solicitation, First
Amendment rights, possible solutions, commercial solicitation on behalf of non-
commercial entities, procedures for a "no evening soliciting" registry, and other
possible actions residents can take.
Council Member Gardner noted that the Corona del Mar Resident's Association had
recently discussed the aggressive nature of some solicitors, recommended amending
Volume 59 - Page 361
City of Newport Beach
City Council Study Session
January 12, 2010
the ordinance to increase City control, and suggested conveying options to
residents in the next City Manager Newsletter.
Council Member Selich also commented on aggressive solicitors and supported the
idea of a resident registry to limit solicitation during evening hours.
Council Member Webb requested clarification on commercial versus non - commercial
solicitors and suggested that residents request that solicitors show their City
registration card when being solicited.
City Attorney Hunt suggested that staff consult th the Police Department on how
to handle aggressive solicitors since aggressiv conduct could be considered a penal
code violation. He recommended mov' forward with a reasonable and
assertive ordinance to manage solicitati
Mayor Curry requested and recoiv clarification t these restrictions would not
apply to political speech. Ile so asked whether Bets on vehicles can be
restricted and expressed supp fora nding the ordina
S. CONSIDERATION OF I E: POSSIBLE CONF OF INTEREST
REGULATIONS REGARDI IiE "RF,NTER CONFLI ISSUE."
Council Member dner sugges eking Board Members and Commissioners
aware to contact I ttorncy's O regarding possible conflicts of interests.
In response to Coun Me aigle's Lion, City Attorney Hunt discussed
leaseholds and mont - to -mon ties. He believed problems should be
addre on a case -by se ba
4. CQ� WATER ETER READING AND MONTHLY UTILITY
Dep,104L Director tustice discussed the background, goals for the
fiEganaWna.1 TOMMMIAQU X,pDntract meter reading and labor costs, other services
N the meter ion, continued customer service and support, meter
nefite to the meter reading program, and the implementation
In use to Council questions, he noted that meters are read on a
rou ill be looked at in order to be more efficient and economical,
poets ted with upgrading meters, and noted advantages and
ges with different types of meters and devices.
Member Rosansky entered the meeting at 4:18 p.m.
11 Member Daigle agreed that a cost/benefit analysis is needed and asked
hiring turn -key vendors.
Mayor Pro Tem Henn recommended looking into options for wireless meter reading
technology.
Mayor Curry requested a detailed analysis of costs, benefits, and budget
impacts, along with more detailed technology recommendations.
City Manager Kiff noted that he will authorize a Request for Proposal (RFP) before
Volume 59 - Page 362
City of Newport Beach
City Council Study Session
January 1.2, 2010
the issue is brought back to Council.
5. PROPOSED OCEAN WATER DESALINATION PROJECT IN HUNTINGTON
BEACH.
Deputy Utilities Director Justice discussed documents submitted to the City
Attorney's Office for review, two sources of water in the City, imported water costs,
sequencing, and potential water purchase agreements.
In response to Council questions, Utilities Director urdoch noted that 17,000 acre
feet of water is used by the City per year. He al oted that there is no short-term
fix and asked Council for approval to move fo d with the project.
In response to Council questions,
(MWDOC) Principal Engineer Ri
supplies and the water allocation pg
Council Member Gardner clarif Sd th
did not take a position on t erits
Committee would like to be p t
Mayor Pro Tem Henn received a
its water sources Uexpressed the
would be a tremeriddZ94ftategic asset
Z ip ater District of Orange County
om Bell used designated local water
!ss.
he CoastalfBay ter Qua]ity Committee
the Poseidon Projec , d suggested that the
the working group mec s.
on regarding the City's control over
m that pursuing water independence
City.
Council Member DaigIf recom thatNff monitor the Metropolitan Water
District process. ®V
Cou ber Webb no at this unique opportunity allows the City to become
self -s tcient and ended staff for planning ahead.
a C discussed t project in Huntington Beach and noted the
econ mo rward with the project.
TO C ER 14.17 (WATER EFFICIENT LANDSCAPING)
OF ORT BEACH MUNICIPAL CODE.
Senior er . z utilized a PowerPoint presentation to discuss the State
Assembl Bill, im ementation provisions, definitions, calculated landscape areas,
options r compliance, the Orange County Model, the proposed ordinance, and
permits uired.
%018- nse to Council. questions, Water Conservation Coordinator Burckle discussed
w authorized to certify calculations and documents for the residents,
ea ptions to the ordinance, enforcement factors, renovation requirements, and
applicability.
Mayor Curry noted that Orange County League of California Cities Executive
Director Lacy Kelly is in attendance tonight.
Council Member Gardner expressed support for adopting the amendment.
Council Member Selich discussed irrigation systems and the importance
Volume 59 - Page 363
City of Newport. Beach
City Council Study Session
January 12, 2010
of mnserving water.
Ili. PUBLIQ.QQMMRNTS -None
IV. AI),ZQURN F T - 5:14 p.m.
The agenda for the Study Session was posted on January 6, 2010 at 5:00 p.m. on the
City hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
Volume 59 - Page 364
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
January 12, 2010 — 7:00 p.m
1. STUDY SES$JON - 3:30 p.m
II. CLOSED SPS. ON
A. Conference with Legal Counsel
64956.9(a)): Eleven matters: ;,
1. Group Homes N
litigation brought
a. Cross -Claim A
remaining por.
Ne&Wrt Beach,
(Government Code §
otters all aris' ut of the Group Homes
, as follows:
I Morningside Recouery as the only
of the Concerned Citizen's u. City of
Mistrict Court Case No. SACV 08 -00192 -M
b. Sober ivfng a Sea u. ty of Newport Beach, U.S. District
Court se No. S 2 S (RNf3x)
City of rt Beach u. orningside Recovery, Orange County
Superior rt Case No.07CC11694
d. Pacific S s v. Newport Beach, U.S. District Court Case No.
CV 08 -004 AG (PLAx)
ir Newpo ast Recouery u. Cily of Newport Beach, U S. District
Court Case No. SACV 09 -0701 DOC (AN%);
oup es Matters: Sia matters all arising out of the Group Homes
vestigati brought against the City, as follows:
Pacific Shores u. Newport Beach - U.S. Dept. of Housing &
Urban Development Investigation No. 09-08- 0592 -8
b. Newport Coast Recovery v. City of Newport Beach - U.S. Dept.
of Housing & Urban Development Investigation No. 09 -09- 0713 -8
C. Paul Murdoch v. City of Newport Beach - U.S. Dept. of Housing
& Urban Development Investigation No. 09 -09 4)831 -8
d. The Kramer Center v. City of Newport Beach - U.S. Dept. of
Housing & Urban Development Investigation No. 09- 09- 0833-8
e. Oxford House u. City of Newport. Beach - U.S. Dept. of Housing
& Urban Development Investigation No. 09-09- 0830 -8
Volume 59 - Page 365
City of Newport Beach
City Council Minutes
January 12, 2010
13.
C.
f Ia
f. Yellowstone v. City of Newport Beach - U.S. Dept. of Housing &
Urban Development Investigation No. 09 -09- 0834 -8
Conference with Real Property Negotiator (Government Code § 64956.8):
Three Parcels of Real Property:
2.
S.
Property: 608 E. Balboa Boulevard - City Negotiator: Sharon Wood -
Negotiating Parties: Levon Gugasian - Under Negotiation: Consideration of
acquisition of property t
Property: Access Road to Sunset Age Park - City Negotiators: Ed
Selich, Steve Rosansky and David W - Under Negotiation: Acquisition of
casement for access to proposed S Ridge Park
Property: Coast Highw
Negotiator: Sharon Wood
Under Negotiation: Ac4
Conference with labor
Agency Designated Repr
Cassidy, Human Resources
Employee Organ,
Management Associ
Police Management
Fire Management A,
V.
The Fity Council
yme evaluation
Mont o ina Palace Restaurant - City
David Webb - egotiating Party: Jack Mau -
�of Public Righ Way for PCH Expansion
(Government C957.6):
: Bill Avery of iates and Terri
t Beach associations- Lifeguard
h blrefighters' Association (NBFA),
Employees' Association (PEA) and
Knee Evalu lion (Government Code § 54967(b)
meet in closed session to consider the appointment,
performance, discipline, or dismissal of two public
Attorney; and City Manager
Member Solich, Council Member Rosanslq, Mayor Pro Tem Henn, Mayor
buncil Member Webb, Council Member Gardner, Council Member Daigle
VI. Cj OSEVjPMMON REPORT - No reportable action.
VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Henn
VIII. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society
M ERMNTATION
State and National Library Awards Presentation - Library Director Cowell provided a
PowerPoint presentation relative to the Corona del Mar Branch Library that included the
California Library Association Performance Recognition Excellence Award for 50 years of
Volume 59 - Page 366
City of Newport Beach
City Council Minutes
January 12, 2010
!A
M
XII
service, the library's public relations goals, revitalization of the Corona del Mar branch, the
Golden Memories website, scrapbook, and anniversary VIP reception. She discussed
the children storytime program and other library programs, media coverage, and what's in
store for the future. She thanked Council, presented the Certificate of Recognition to Mayor
Curry, and noted that the community is using all library facilities.
NQ1IQE T-O THE VUBLIC
CITY C41lNCII, ANNpUNCF14�EN . OIt M ERS_y111CH QUN N MEMBERS
WW[LD LIRE PLACED QN A_ FUTURE AGENDA F DISQ-USSION, ACTIQN_OR
I_BPQ$T_(NQNl-DISCUSSION I'T'EM)
In response to Council Member Daigle's question, ttorney Hunt provided an update on
the nuisance litigation, notices, and agreeme elati the property on Coast Highway
and Dover. He stated that some of the lots aw the p f being sold.
Council Member Selich provided infer
scale for some of the staff positions.
Mayor Curry announced that Restaur
residents to participate. He also annm
conducted in order to set thiLCity's 2010
CONSENT - CALENDAR
A.
F]
C.
the 1954 bUR& and highlighted the pay
k will be held January 25. 28 and encouraged
that on Saturday, a goal setting session was
I. ID UTES O T ADJd� ED REGULAR MEETING OF
EMBER 009 AND THE REGULAR MEETING OF
EMBER 8, 008. (100 -2010] Waive reading of subject minutes,
ve as written, nd order filed.
2. F ORI%NANCES AND RESOLUTIONS. Waive reading in
of all or and resolutions under consideration, and direct the
kk Ci lerk to read by title only.
8. TOST RE -COVERY ORDINANCE (CHAPTER 3.36). [100 -20101 Adopt
lbst Recovery Ordinance No. 2009.32, amending Chapter 3.36 of the
14ewport Beach Municipal Code.
4.T A TEMPORARY EXTENSION OF THE LENGTH OF TIME
PERMITTED FOR THE DISPLAY OF PROMOTIONAL TEMPORARY
BANNERS. 1100 -20101 Adopt Resolution No. 2010 -1 allowing businesses to
display promotional temporary banners for 120 days per calendar year
through December 31, 2010.
� � Yi r1 . :.► I '.«C t
6. PLAYGROUND RESILIENT SURFACE RENOVATION - APPROVAL
OF CHANGE ORDER FOR CONTRACT NO. 4228. [381100 -20101 &)
Volume 59 - Page 367
City of Newport Beach
City Council Minutes
January 12, 2010
Authorize the Public Works Director to raise the percentage change order
allowance to 45 percent and approve Change Order No. 2 in the amount of
$1.9,889.10, which provides for the replacement of resilient playground
surface at Peninsula Park; and b) approve Budget Amendment No. BA10-
026 transferring $6,000.00 from General Fund Account No. 7015 - 04002004
(Eastbluff Park Playground Equipment) to ADA Playground Resurfacing &
Accessibility Improvements Account No. 7015- C4002008.
7. OASIS SENIOR CENTER -AUDIO & UAL SYSTEMS AWARD OF
CONTRACT NO. 4414. /38/100 -2010/ K Approve the project plans and
specifications; b) award Contract No. 14 to Cibola Systems for the total
bid price of $241,562.00 and e Mayor and the City Clerk to
execute the contract; and c) estruction contingency amount of
$24,438.00, approximately 10 the cost of unforeseen work.
8. APPROVAL OF SOL SOURCE P E FOR OUTDOOR
FURNITURE AT T OA S SENIOR TER (C 44G0). (38/100 -
EOIOJ Approve a so ource hose from Outd esign Studio to supply
the newly constru O S Senior Center with oor furniture in an
amount not to exceed VW74.00.
9. AUTHOR TION TO TAIN TOM ROSSMILLER (RETIRED
EMPLO ON A PA -TIME BASIS (C-4034).[38/100-20101
Authorize t ager an y Clerk to execute Amendment No. 1 to
the Professio I Se eem for part-time work associated with
Newport Bay a not to st o 23,000.
ZIND MENT PRO FES�TONAL SERVICES AGREEMENTS
CNSUL G FIRMS PROVIDING SERVICES RELATED TO ORT BA NG RANCII DEVELOPMENT (C 4168) (C 4163 (C 01236). [3 00-2010) Receive and file.
MOORING ADMINISTRATION - INTERIM
TH TO H . AGREEMENT WITH ORANGE COUNTY
SMUFFS HARBOR PATROL (C- 2241). [381100 -20101 Authorize the
City ger to extend the Harbor Patrol contract for mooring
Wm
aug 've services on a month -to -month basis for $24,166.67 per
V"CO==E. NTS TO THE ECONOMIC DEVELOPMENT
1100 -2010 ) a) Appoint David P. Hsiang to fill the At Large
vacancy; and b) appoint Kimberly A. Van Natta to fill the Fashion
Island/Newport Center vacancy.
13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE
CROWLEY FAMILY FOUNDATION FOR LIBRARY SERVICES AND
APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS
BUDGET FOR FY 2009/10. [100-20101 Approve Budget Amendment No.
IOBA -023 to increase revenue estimates by $7,500 in Account No. 4010-
5901, (Private Donations and Contributions) and to increase expenditure
appropriations in 4093 (Designated Gifts) amounts by the same amount due
Volume 59 - Page 368
City of Newport Beach
City Council Minutes
January 12, 2010
to the receipt of funds from the Crowley Family Foundation.
14. APPOINTMENTS BY THE MAYOR TO THE COUNCIL/CITIZENS AD
HOC COMMITTEES, THE JOINT GOVERNMENTAL. COMMITTEES,
AND THE CITIZENS ADVISORY COMMITTEES. [100 -20101 Confirm
the appointments outlined in the staff report.
15. CITY WIDE, STREET SWEEPING: REQUEST FOR PROPOSAL. [100-
20101 a) Approve the Street Sweeping Req st for Proposal (RFP) document
for distribution to the list of contractors file with the General Services
Department; and b) authorize sta to return to Council with a
recommendation on how street swe5gVhg services are to be provided and a
selected firm, if appropriate.
16. CIVIL SERVICE BO RD R MMENDATIONS AFTER
COMPLETION OF TH OI.ICE EMENT ASSOCIATION'S
REQUEST OF AN I ST GAT ON I THE PROMOTIONAL
PROCESSES OF T PO E DEPARTM 1100 -20101 a) Accept
the recommendati ' of th ivil Service Board as orth in Civil Service
Board Resolution No. -02 from its December 7, 9 meeting; and b)
direct staff to presen a recommendations to the Charter Update
Commissio for considerate f Civil Service System modernization.
17. BUDGET MENT ACCEPT A CHECK FROM
CALIFORN S IBRAR ND APPROPRIATE FUNDS FOR
LITERACY RVIC PIS YEAR 09/10. (100 -20101 Approve
Budget Amen ent N to increase expenditure appropriations
/$11,644 in Di 'ai 060,'Liter and to increase revenue estimates for
No 4010 -4832, C ornia Library Literacy Services.
52 RETIRE NT INCENTIVE. [661100 -20101 a) Approve Budget
e 1 -024 reducing department operating budgets by
0;000 an asing fund balance by $1,850,000 to recognize Fiscal
Y 009 -10 savings associated with the Early Retirement Incentive
Progr (ERIP); b) approve Budget Amendment No. 10BA -025 increasing
endi in' the Compensated Absence fund by $938,520 from
approp ted Compensated Absence Fund Balance to provide funding for
e Early Retirement Incentive Program for FY 2009 -10; and c) approve
uitization of the ERIP program through Pacific Life and delegate the
ty Manager to approve and execute implementing documents.
Council MWber Daigle noted that the City submitted a revised Eelgrass Management Plan
to the Federal Government (Item 9).
Regarding Item 14, Council Member Gardner stated that the Task Force on Green
Development should be removed from the list because the Committee has sunsetted. Mayor
Curry announced that Ken Drellishak will be reappointed for a short-term as the Chair of
the Environmental Quality Affairs Committee (EQAC).
Regarding Item 15, Council Member Rosansky clarified that the Request for Proposal (RFP)
for street sweeping is bi- weekly.
Volume 69 - Page 869
City of Newport Beach
City Council Minutes
January 12, 2010
Regarding Item 4, Mayor Pro Tem Venn noted that the Economic Development Committee
(EDC) initiated the relaxed requirement for posting banners to allow flexibility for business
promotions. Regarding Item 11, he noted that the City will be looking at RFI's for mooring
services because of the increase in fees the City had incurred from the Orange County
Sheriffs Department.
UQti4P.b—Y-May4LI'ro Tem .enn, seconded by.C:_gyneiI Ne111bpr Rosa nsky to approve
the Consent Calendar, except for the items removed (5 and 18); and noting the correction to
remove the Task Force on Green Development from Item 1
The motion carried by the following roll call vote:
Ayes: Council Member Sehch, Council Member nsky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council r ner, Council Member Daigle
XIII. I PEMS REI1iQVED FROM THE GOBI$ AP EN
b. BAYVIEW WAY erdnees CHMENT NONSTANDARD
IMPROVEMENTS IN TI 'IGHT -OF -WAY. -20101
In response to Council Membe question, Public Works Director Badum
stated that there will be six ti spaces that will only be used for coastal
access. Assistant (It.Manager Woo`ated that there is no loss of parking spaces.
NMyt n by Coon Nappt's ardner Ddfld by CoyAncil blcmb�r.FYsbb a) approve the t to . , maintain an use non - standard
improvementa whude, of Nited to, pavement striping, traffic
define temporary i al signa��ehicle staging, valet operations, shuttle
ve -off and pick d other appurtenances within the Bayview Way right -
ay ad cent to 33 amboree Road; and b) authorize staff to execute an
ac nt permit encroachment agreement for the non - standard
im vem in th publc ht -of- -way on Bayview Way adjacent to 3300 Jamboree
by the following roll call vote:
Ayes: tmcil ber Selich, Council Member Rosanaky, Mayor Pro Tem I {enn,
yor CuAp, Council Member Webb, Council Member Gardner, Council
lM4r& CH"JER UPDATE COMMISSION: APPOINTMENT OF AD HOC COUNCIL
V mittMMITTEE TO REVIEW APPLICATIONS. [I00 20I0J
Curry stated that 14 applications were received and noted that the
ee decided to advance all applications to Council. Council will appoint the
seven members at the January 26 meeting. He directed the City Attorney to bring
back to Council a resolution that would provide meeting fleubility.
Motion by Mayor Curry. seconded by Council Member Webb to approve the
Mayors appointment of Mayor Curry, Council Member Webb, and Council Member
Selich to the Ad Hoc Subcommittee to review the Charter Update Commission
applications.
The motion carried by the following roll call vote:
Volume 69 - Page 370
City of Newport Beach
City Council Minutes
January 12, 2010
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
XIV. ORAL REPORTS N DM CITY COUNCIL ON COMM ITI'EE.A_CTIVITIF,S
Mayor Pro 'rem Henn welcomed David llsiang and Kim Van Natta to the EDC. He stated
that Gary Sherman of Visit Newport Beach provided a report to the Economic Development
Committee (F.DC) that showed a consistent recovery in hotelif)usiness since June.
XV. PUBLIC C.QMMF TS - None
XVI. PIMUS HEARINGS
19. MEGONIGAL RESIDENCE
MODIFICATION PERMIT NO.
Senior Planner Campbell pro
that included the topogr }
Environmental Impact Rep
project has a significant impac
that Council certify the EIR.
In response to Ma that
that the EIR is
applicant. He clarisimulation includetHi e y Hunt proces the st
133)-'b6_ 2333 PACIFIC DRIVE -
th taff report andVeowerPoint presentation
photos. fie noted t staff prepared an
indicated that Council eed to decide if the
public views, and stated that staff recommends
In' uestion, Senior Planner Campbell verified
mago the City, but is refunded by the
aim !a the report is not accurate, but the
.the simulation.
background for certifying an EIR, Council's role in
a legal perspective, and the nature of substantial
Kim licant, vided. a history of the process that he has gone
NDaviden, et the p oved by the Planning Commission and noted that he
ing that he City has asked him to do. He urged Council to
"set and thanked Council for their consideration.
a ct, showed a video depicting the area, photos, zoning, schemes,
of the project.
Mayor turry opened the public hearing.
%0,#ggers provided a petition against the plan and expressed concern that the
prVot obstructs the publics view. He believed that the home should conform to the
Ge eral Plan and suggested that the plans be changed to move the garage entrance
to Bayside Drive.
Michael Gayner expressed support for the project.
Ann Boldersten provided photos of the current view and hoped that the City would
provide a solution.
Dan Spletter believed that the home will obstruct views from the park.
Walter Kruttenan believed that the applicant should be required to relocate the
Volume 59 - Page 371
City of Newport (leach
City Council Minutes
January 12,2010
garage and suggested other solutions relative to the home. He provided photos and a
copy of an existing encroachment agreement that could be used as another option for
the garage and driveway.
Uewain Campbell expressed support for the plans.
Katy Tackes expressed concern that not abiding by the General Plan will set
precedence and believed that the value of homes in the area will be impacted.
Karen Fleming expressed concern that the views be impacted and the value of
homes in the area will decrease. She sugge that the garage be moved to a
location that would not impact views.
Tom Takus expressed concern a
the community.
John Clark expressed concern al
other alternatives.
Larry Tucker expressed
Commission unanimously app
Land Use designations.
bout t eN act and asked Council to protect
the view impact urged Council to consider
etL he project and no that the Planning
proj ect. lie discussed t e General Plan and
Scott Plesimorez d concern t the view impact is significant and urged
Council to accomm rent e-i
Julie Sherwin indica that s tha there is a way to compromise and
believe t the Pla g Co fission' sion is based on judgment
Je ood expressed cern that the view will be impacted and asked Council
consider a concerns o c residents.
Jo lieved that a park is not used much and indicated that only a
Ipall ber o impacted. He urged Council to make a decision
that some views will be entirely lost and asked for a
Laura Cltalino expressed support for the project.
Robert #an Miguel expressed support for the project.
Sweig believed that the applicants should compromise.
Suzanne Kai expressed concern that the view will be obstructed.
Ken Logan believed that an alternative plan should be considered.
Peter Gunderson suggested that Council approve the project.
Kelly Neff believed that.Council should abide by the General Plan and asked Council
to consider alternatives to protect land use rights.
Hearing no further testimony, Mayor Curry closed the public hearing.
Volume 59 - Page 872
City of Newport Beach
City Council Minutes
January 12, 2010
Mr. Megonigal stated that the park will still have a view and emphasized that his
plans comply with the General Plan. He urged Council to allow him to build his
house as planned.
Senior Planner Campbell noted that the view from Begonia Avenue is not protected
by the General Plan, stated that lower access from Begonia is considered as a less
safe alternative, indicated that the house will not meet all of the applicant's
objectives, and believed that the entire view is not siefficantly obstructed. He also
verfied that, although the view from the park rich on Begonia Avenue is
approximately 35`4 obstructed, the percentage view obstruction is less when
viewed from the other vantage points in the pa
In response to Council Member
explained that the project went tt
of the potential impact to the
discretionary project. He indicate
be considered a discretiona n
Assistant City Manager W
without approving the project. \ \ \ \ \\
Pry's OV%Lon, Senior Planner Campbell
re Pla mmission process because
views and use it is considered a
runcil Policy K• thorizes the project to
d is subject to nmental review.
Council that they certify the EIR
In respoase to May Pro Tem He" questions regarding alternatives, Senior
Planner Campbells t the applica would have to use the existing driveway
or a separate drivewa on de Drive, t that was deemed unsafe and the
bluff would need to be ded in o build basement level. Further, it would
be difficult to install an evator a the he is not sure that the applicant
will get t e view. ublic arks D r Badum stated that City Traffic
Engin a found th g the driveway on Pacific Drive is safer. He
in ' d the existing veway is built with an encroachment agreement and
that the drivewa ill need to have enough space to allow the
appli ten h of a turnip adius to advance into the garage. He provided a
kLetch terra e, but pointed out that it would take some of the
In l�uncil Member Webb's question, Public Works Director
Badum s d th the driveway can be realigned if park land is given up
and reiter that cific Drive is safer than Bayside Drive. Council Member
Webb beli that the view is of great significance and stated that if access from
Bayside D e can be retained, then that is the direction Council should go,
reapo to Mayor Pro Tern Henn's question, City Attorney Hunt stated that
th n al Plan does not require Council to prevent any view impairment and
indi that would be a CEQA issue. He noted that there is substantial evidence
on bo sides of the issue and advised that Council can consider the entire impact of
the view, including from various vantage points.
City Attorney Hunt assured Council that they would not be taking away. any private
property rights and indicated that Council could certify the EIR to change the
finding, certify the EIR to be complete, or deny the project which will force
the applicant to come up with an alternative solution or abandon the project.
Council Member Gardner stated that the General Plan refers to public
views, indicated that only one vantage point should be considered, and believed that
Volume 69 - Page 879
City of Newport Beach
City Council Minutes
January 1'2,'2010
30% view impact is significant.
Council Member Selich believed that the project will not significantly impact views
and commended the Planning Commission on their work to mitigate the project.
Council Member Daigle concurred with Council Member Selich.
Mayor Curry expressed appreciation for resident comments, stated that the
other alternative was deemed unsafe, believed that the current plan is appropriate,
and proposed that the applicants be allowed to buildia home on their property.
Mayor Pro Tem Henn reiterated that acce rom P,ayside Drive is not safe,
indicated that the General Plan also prose s the entitlement of people who own
property to use it and enjoy it, and belie v t the view impairment does not rise
to a level of significance to invalidate t project.
Motion by CoutciljlKember h,.Seconded b ggo Tern Henn to a)
adopt Resolution No. 20Vopt the Megonig sidence Environmental
Impact Report (SCHft20 adopting a tion Monitoring and
Reporting Program; and ution No. 2010 -3, roving Mod ification
Permit No. 2007.080 subjend conditions.
The motion carrie the following call vote:
Ayes: Council Mem h, Council ber Rosansky, Mayor Pro Tem Henn,
Mayor Curry, un ' r Daigl
Noes: Council Membe ebb, Co embe ardner'
XVII. UURRENT �
20. OL ION NO: 2010 : FISCAL SUSTAINABILITY PLAN.
Mayo that until discussed the Fiscal Suatainability Plan on
urda anuary that the City will be managed appropriately and
in ted there are 15 principles that address preserving economic and fiscal
stab Ii within the City's means and not drawing down reserves, and
mane g the unity better. He commended City Manager Kiff for outlining
the rmation d Council Member Gardner commended Mayor Curry
for pro ine the document.
City ger Kiff asked that the resolution be amended to change the number of
rind s from 14 to 15 and change Facilities Replacement Plan to Facilities
g Plan.
M9ALQn by Council Member Gardnoa,. seconded by Council Member Webb to
adopt Resolution No. 2010.4 relating to a Fiscal Suatainability Plan for the City of
Newport Beach.
Tlie motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
Volume 59 - Page 374
City of Newport Beach
City Council Minutes
January 12, 2010
XVIII. MOJION FOR REC�ONSIDF:RATION - None
XIV. ADJOURNMENT - Adjourned the meeting at 9:32 p.m. in memory of Oral Roberts,
Roy Disney, Nancy Bergeson, Bill Grundy, George Bissell, and Harriet Weider.
The agenda for the Regular Meeting was posted on January G, 2010, at 5:00 pan. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building. The supplemental agenda for the Regular Meeting was
Volume 59 -Page 375