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HomeMy WebLinkAbout01 - Minutes - 5-25-10Agenda Report 111 June 8, 2010 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session May 25, 2010 — 3:30 p.nL I. ROLL CALL II. Present: Mayor Curry , Council Member Webb , Council Gardner , Mayor Pro Tem Henn., Council Member Selich, Council Memberigle Absent: Council Member Rosansky €, 1. CLARIFICATION OF ITEMS ON TF CONSENT CALENDAR. Regarding Item #8 (Energy Efficient Streeil 44t Improvement Project), Council Member Gardner asked staff to provid her with the I%W amount of cost savings that the LED streetlights will yield. 2. OVERVIEW OF LIBRAR OF LSTA $io,000 CHECK. Mayor Curry anno pd that City ana Kiff is se rc . g on jury duty and will join the meeting ass possible. Library Serties Dire 'or Cowell intro uced Library staff, briefly explained the funding process for em loyee to attend The ureka Leadership Institute, and presented a check from the I a W nd Tec a oIogy Act (ISTA), Cbrarian 111 b Ser*es Hansen showed a PowerPoint that provided an overview of The Eureka 4 r n itute'a program. Council Member R ansky awed at the meeting at 3:37 p.m. LibYq Assistant .Cota discussed the project she is working on for The Eureka Leade ,'p Inatit . In response to Mayor Pro Tem Henn's question, she stated that she work nds with teens. Children's Liarian Hart discussed the project she is working on for The Eureka Leadership Institute and explained new cell phone features that the library will soon offer. Mayor Curry thanked the Library staff for their hard work and dedication. 3. CHARTER UPDATE COMMISSION REPORT. Marian Bergeson, Charter Update Commission Chairperson, provided a summary of their 17 recommendations which includes: can -u : those matters in which the Charter or Initiative Measure is inconsistent with the existing law; modernization and efficiency: those matters in which the Charter is not consistent with the current Volume 59 - Page 479 City of Newport Beach City Council Study Session May 25, 2010 municipal practice and efficiency in government can be achieved through modernization; and op licy: those matters in the Charter that may warrant a review and update for policy reasons. She commended the Charter Update Commissioners, staff, Council Liaisions, and the City Manager for their hard work and input. She stated that each recommendation was studied in detail and considered under a City Council/City Manager form of government. She discussed the Civil Service Board system and oil drilling recommendations, and emphasized the importance of using clear language on the ballot. In response to Council Member Gardner's question, ssistant City Manager Wood clarified that the proposed locations to reduce oil d ; . ng sites to about 5% of the existing drilling sites. are comprised of two existing CjtNOites plus one site on Banning Ranch, a Mayor Pro Tern Henn stated that the Civil Sem, a Board wo my be involved in the review and advisement of Civil Service issue,$^; as opposed to other"' issues. In response to Council Member Webby question, Chairperson Berg'A stated that after investigating, the Commission corf61nded'that the money given to t , Chamber of Commerce by the City is not used for politl or lobbying activities. Council Member Webb expressed support for khe second alt'6 ative for P3 of the Charter Update Commission's recommendatio In response to Council Memb'g stion May , Curry stated that the Charter Update Commission is proposin ` hat the e m pic�edure relating to the sale of City property will still allow the blic to e portunity to vote on the sale of Cityproperty. In response,,tb Council' Gar is question, Chairperson Bergeson stated that the Charter' `Nate Commission did t recommend a change to the appointment of Council Members, whefciere is no ele ion because they believe the current system is we easic ayor Pro Te elm commended the citizens for providing significant contributions to the project. r yor Curry tha d the Charter Update Commission and stated that the item will co back to Co it for further discussion and approved recommendations will be place the ballo to a form to be determined. He noted that the work of the Charter Update , missi will help the City save money, be more efficient, and provide for an effective eo 'or t. In response toMouncil Member Selich's question, Mayor Curry stated that some of the ballot measures may be consolidated prior to being placed on the ballot. 4. BUDGET OVERVIEW Administrative Services Director McCraner showed a PowerPoint that provided an overview of the budget process, City fund structure, City Charter budget provisions, monthly schedule, types of funds, revenue budgeting, Transient Occupancy Tax (TOT), principal property taxpayers, expenditure budgeting policies, Fiscal Sustainability Plan, expenditure summary, 2010 -11 budgeted positions, special financial reserves, balancing the General Fund budget, pending issues, recurring Volume 59 - Page 480 City of Newport Beach City Council Study Session May 25, 2010 Council grants, and budget goals for 2010 -11. In response to Council Member Daigle's question, Administrative Services Director McCraner stated that the Office of the City Attorney is taking on more work and is outsourcing less. Council Member Daigle stated that the number of employee's in the department needs to be justified and requested that a workflow analysis be provided that outlines what each employees' tasks. Mayor Curry directed the City Manager to work with the Of� of the City Attorney in preparing an overview of the department and requested' that it be presented to Council at the June 8 meeting. `° In response to Mayor Curry's question, Admitive `vices Director McCraner stated that she is working with Acting Assistant City`' �nager Perkins on a Performance Based Budget Plan. She explained the process and - Atated that she will discuss it with the City Manager, Assistant City`,,,-.,,Manager, and' ance Committee prior to bringing it to Council.'' In response to Mayor Pro Tem Henn's`D McCraner stated that it is not staffs intent possible. In response to Council Men McCraner stated that the Ca' appropriated or completed, b, General Fund. Public Works closing a4 accounts. to allow Administrative Services Director money from the reserves, if at all .-ative Services Director projects that are not re- nd'the money is returned to the to t staff is currently working on to return more money into the Fund In response Mg or Pro Tem can's question, Administrative Services Director cCra the Co it Policy requires that all Internal Service F surlies above ,.w. "unt that Council has approved are amortized er a five ye eriod:`' he clarified that the pension investment rate assumption has not been change thine and noted that she did not know when it will increase. response to Co questions, Assistant City Manager Wood stated that the Special is Advisory mittee (SEAC) will be viewing grants given to organizations and note at only two ant applications for next year have been received so far. Mayor C sta d that Council will need to examine the total sum of funds given to orga ons as part of an overall analysis. He stated that they will also need to evaluate the alue of the events and their importance in maintaining the fabric of the community. Council Member Webb suggested that the mooring fees be increased as soon as possible to cover the charges to the City by .Harbor Patrol. Administrative Services Director McCraner stated that staff is evaluating CPI adjustments until appraisals are done and noted that a cost for service study is currently being conducted. Mayor Pro Tem Henn stated that the Finance Committee discussed moving more quickly in regards to mooring fees and he hoped for a rapid conclusion. Mayor. Curry agreed that the User Fee process needs to move quickly, commended staff for their efforts in closing the budget gaps, noted that the budget needs to be balanced without removing funds from the reserves, expressed satisfaction with the partnership approach that the Fire and Volume 59 - Page 48p1 City of Newport Beach City Council Study Session May 25, 2010 Lifeguards Associations have taken, and suggested that the City produce a long range plan for future budget issues. Mayor Pro Tem Henn commended staff for the progress made and expressed concern about the way the budget is portrayed. He believed that there is considerable risk in the proposed budget, in that the City is taking full credit for an optimistic view on the revenue side and also believed that the City is not past the disappointment stage. He stated that he will be interested in the progress made on the pending issues and on the appropriate revenue side so the City does not have to take $2a,.' illion out of Operating Reserves. 5. CIP PRESENTATION. Deputy Public Works Director Webb showed a the Capital Improvement Projects (CIP) comp, progress, CIP history, and the CIP program su In response to Mayor Pro Tem He Y' Webb clarified that Balboa Boulevard" that more money will need to be added to City will be required by the Orange Co pavements at a certain conditi index. ?rPoint th included information on in FY 200 = , current CIP work in r m, Deputy Public' -prks Director ment Management P *. He stated vent Management Plan because the usit Authority (OCTA) to keep the Mayor Pro Tem Henn asked st io'� back to 6"'ftcil with a menu of alternatives or a list of suggestions that wool low t to utiliunds from another budgeted item to get the Wayfinding Sign P grans co In response to , uii l Member G` is question, Assistant City Manager Wood stated that to behaved that the was confusion about what was going to be implemente`)Yor the plot program. In res o se to Ctit c�l 1VI4k Daigle's'uestion, Deputy Public Works Director Webb at S, t Ridge P ' gi#bject that was approved has the traffic signal eluded and ved t Caltrans will approve the signal. Council Member Rosansky stated that the p 'ect w'' dome back as a budget item and that the traffic signal can be discussed at that 'me. Coil Member Webb stated that the traffic signal is an tremely impo element r the public's safety and a key element for having safe a s to the park. In res to City anager Kiffs question, Deputy Public Works Director Webb stated that the ami roject is going well, they are still working on installing the sirens, and are waaz a license from the Federal Aviation Administration (FAA) for sound approval. III. PUBLIC COMMENTS - None IV. ADJOURNMENT -5:29 p.m. The agenda for the Study Session was posted on May 19, 2010, at 8:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 59 - Page 482 City of Newport Beach City Council Study Session May 25, 2010 Recording Secretary Mayor City Clerk Volume 59 - Page 483 CITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting 71sT— Or Onln 7.nn I. STUDY SESSION - 3:30 p.m II. CLOSED SESSION A. Conference with Leval Counsel - Ex 54956.9(a)): Six matters: 1. Status Report on Pending L,�tf a all pending litigation involvin' action, however, may be takeu7 i below. 2. Kimberly Layne vsl of Neu 00326399- CU- PO -CJC 3. Olson vs. City of Newpo t Beach - 4. Pacific ,81i4 es v. Newpo t Beah 0 Case Council Titles: Recovery c ) -0701 DOC We will report o lobal basis on This is an information em only-No item unless it is sped tcally noticed OCSC Case No. 30 -2009- Case• No. 30 -2010- 00371973 U S dtrict Court Case No. SACV 08- of Newport Beach - U.S. District Court Sort Beach - U.S. Dept. of Housing & Urban 09 -09- 0834 -8 meet in closed session to consider the, employment, evaluation of e, or dismissal of the following public employee(s). C. Conference, th Labor Negotiators (Government Code § 54957.6): A gency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resources Director Employee Organizations: Multiple Newport Beach associations: Police Employees Association (PEA), Police Management Association (PMA), Newport Belch Employees League (NBEL), Newport Beach Professional & Technical Employees Association (Prof - Tech), and Newport Beach City Employees Association (NBCEA) III. RECESS Volume 59 - Page 484 City of Newport Beach City Council Minutes May 25, 2010 IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky VIII. INVOCATION - Mayor Curry 0 10 IA D:. PRESENTATION Recognition of Elizabeth Nguyen for Receiving" a Disneylan Resort Scholarship Award - Danielle Dubois, Disney Resort Ambegsador, hi ghlighted`�abeth Nguyen's accomplishments, and Mayor Curry read the proclamation =and presented it t iss Nguyen. X. NOTICE TO THE PUBLIC ' XI. CITY COUNCIL ANNOUNCEMENTS OR MATERS WHICH COUNCIL MEMBERS Council Member Daigle reported on the on May 17 at the Central Library a assistance. x.. Council Member June 5. Council Member SelichA, Sunday, Jnne & 4kam 11: MayorPro Tem Henn' MAY. Curry discussed the suss of the Nem opening 'o'f Lhe Clean M at the Leal' hip Ton Library, and> elect( Directors. He alg%Ep( Museum tomorrow.''`KNt , XIL CONSENT CALENDAR that the i Forum that was conducted Campbell's office for their Corona del Mar 5K will be held on Saturday, Balboa Island Parade will be held on success of this year's Relay For Life. JewporNeach Exchange Club's Field of Honor at Castaways Park, Beach Jgzz Festival and Balboa Island Art Walk, and the grand 1 Gas (CNG) facility at the City Yard. He announced that he spoke w Annual Meeting, held a Meet the Mayor session at Mariners the Orange County League of California Cities (OCLCC) Board of that art in.public spaces will be discussed at the Orange County A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF MAY 11; 2010. Waive reading of subject minutes, approve as amended, and order filed. Mayor Pro Tem Henn noted his abstention to this item since he did not attend the May 11 meeting. Without objection, Council Member Gardner requested that Page 468 be amended to read, "Council Member Gardner suggested that the City Traffic Engineer determine Volume 59 - Page 485 City of Newport Beach City Council Minutes May 25, 2010 criteria for a sharrows test program" 2. READING 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. ORDINANCE FOR INTRODUCTION 3. AMENDMENT.TO SECTION 11.03.020(B) OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SPEC EVENT PERMITS. [100 -20101 Introduce Ordinance No. 2010 -10��ite'farmers' mending Newport Beach Municipal Code Section 11.03.020(B) to eh markets from the special event permit process, and pass to seding on June 8, 2010. C. RESOLUTIONS FOR ADOPTION 4. APPROVAL OF RESOLUTIOX' ADOPTING A PPLEMENTAL MEMORANDUM OF UNDERSTANDING BETWEEN E CITY OF NEWPORT BEACH AND THE_kEWPORT BEACH FEGUARD MANAGEMENT ASSOCIATIO +) 11C- 2058(l))1; AND AD TION OF RESOLUTION IMPLEMENTII A CalPERS TIME -IN -GRADE EXCEPTION. [38/IQ -20101 a) Adopt,"' esolution No. 2010 -48 adopting the Memorandum of Und ding betweentie City of Newport Beach and the Newport Beach Lifegu ement Ass cation; and b) adopt Resolution No. 2010 -49 adopting th Ca1P ployer Paid Member Contribution Time- , in -Grade Exception. ; Mayor 00 6F4 commend e` t ewport each Lifeguard Management AssocT tion or working , the City to. reduce costs and expressed the.;ity`s appreciation. D. CONTRACTS ` D AGREEMENTS � igi4,i d h 3ki5. . �GIP�TAY+�SUPPORTZMK CES - APPROVAL OF AMENDMENT NO. 1 PQFESSIONAL SERVICES AGREEMENT WITH ANDE}2 ONPh iVA PARTNERS, INC. (C4542). [381100 -20101 Approve i Amend m t No 1,,, , Professional Services Agreement with AndersonPenna vy? - "'' Partners qnc (Anc%rsonPenna) for Engineering and Inspection Support Services atra not to exceed General Fund Cap of $223,000, as well as a not to t exceed budgeted enterprise project fund cap of $200,000, and authorize the iayor ancYCity Clerk to execute the Agreement. 6. C ACCESS AND PEDESTRIAN CIRCULATION IMP' - VEMENTS (C -3628) - COMPLETION AND ACCEPTANCE. [381100 -20101 a) Accept the completed work and authorize the City Clerk to file.a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; c) release the Faithful Performance Bond one year after Council acceptance; and d) authorize the City Manager and General Services Department to increase their FY10 /11 Operating and Maintenance Budget by $9,386 annually to accommodate the increased annual maintenance. 7. IRVINE AVENUE SIDEWALK WIDENING (C -4432) - COMPLETION AND ACCEPTANCE. [381100 -20101 a) Accept the completed work and Volume 59 - Page 486 City of Newport Beach City Council Minutes May 25, 2010 E. authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 8. ENERGY EFFICIENT STREETLIGHT IMPROVEMENT PROJECT (C- 4232) - AWARD OF CONTRACT. [381401100 -20101 a) Approve the project drawings and specifications; . b) award the contr (C -4232) to Macadee Electrical Construction, Inc. for the to contrac I rice of $725,928.00, and authorize the Mayor and the City Clerk to exec " the contract; c) establish a construction contingency amount of $181,48 % of total bid) to allow for upgrades to the work if opportunities aris Ed t ver the cost of unforeseen work; and d) approve Budget Amendm o. 10BA 7 recognizing $853,000 in federal stimulus monies from an Energy Efficiency d Conservation Block Grant and appropriating $853,300 <'io Account No. 72 2202003 for this improvement project. 9. AUTHORIZATION TO ENTER, INTO A PROFESSION ERVICES AGREEMENT WITH MANAGE ENT PARTNERS, INCORPORATED FOR SPECIAL PROJECTS ASSI§11ANCE - JAN PERKINS [C4396(A)]. [381100 -20101 Auth the City Manager to enter into a contract with Management Partner i ' o provide ` pfessional services to the City Manager's Office at a r' o per hour not to exceed a total amount of $50,000. 10. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FIS ,AL YEAR JULY 1, 201 TO JUNE 30, 2011. 1321100 -2010] Authorize the City Clem Io publish a noti advertising for bids to be received on or before i�e hour *f l�pegz1 Friday, une 11, 2010, for aone -year contract covering d " blis� and prmtnig egal notices, or other material required to be ` pubhs d ande' ulated in the City of Newport Beach. 11. BUDGE "O,. EN I VENT TO ACCEPT A CHECK FROM CALIFORNIA STATE L RARY' ND APPROPRIATE THE FUNDS FOR LIBRARY SERVICE. [40/1100 -2010] Approve Budget Amendment. No. 10BA -046 to increase ependiture appropriations by $10,000 in Division 4010 (Support Services) "rid 'Division 4017 .(Systems Services), and to increase revenue e ate or the same amount of Account No. 4010 -4835, Library Services TeCplpky Act. 13. 201041 PROPOSED . BUDGET HEARING AND 2010 -11 APPROPRIATION LIMIT HEARING. [100 -2010] Schedule a .public hearing of the City's Proposed Budget and Appropriation Limit for the 2010 -11 fiscal year on June 8, 2010, at 7:00 p.m. in the City Council Chambers, 3300 Newport Boulevard, Newport Beach, CA 92663, and direct the City Clerk to publish a notice of said hearings in accordance with Section 1102 of the Newport Beach Charter. 14. PLANNING COMMISSION AGENDAS FOR THE MAY 20, 2010 STUDY SESSION AND REGULAR MEETING. [100 -20101 Receive and file written reports. Volume 59 - Page 487 City of Newport Beach City Council Minutes May 25, 2010 XIII. Ip41 516. BARRETT- JACKSON AUCTION COMPANY, LLC BANNERS - APPROVAL OF ENCROACHMENT PERMIT N2010 -0150. 1100 -20101 Conditionally approve the request of Barrett - Jackson Auction Company, LLC (Barrett- Jackson) for the installation of 60 private banners on City -owned street light .poles, from June 1, 2010 to June 28, 2010 (installation shall be along Jamboree Road and MacArthur Boulevard in the Fashion Island area). 517. PROPOSED BUDGET AMENDMENT REGARDING OUTSIDE COUNSEL EXPENSE (SPECIAL LITIGATION). 20 /I00 -20101 Approve Budget Amendment No. IOBA -048 to transfer a c ibined total of $650,000 from the General Fund and General Liability re ve funds to cover forecasted outside counsel costs related to special litigat' allocating (1) $450,000 from the General Fund reserve fund to the Of o City Attorney's (OCA') budget line item 0510 -8657; and (2) t$ 0,000 fro yR the General Liability reserve fund to the General Liability l�ii -To rt litigatioiY budget line item 6021- 8654.t; Council Member Daigle increase in the City Attc have on the City's budget. approve the Consent Calem abstention by Mayor Pro Tem Member Gardner. The motion Ayes: Mark Linam ex and that Helioti gested using b k views. Webb 3resseAf concern about l budgetary y's Office and possible affe this may ,on de&4by Council Member Rosansky to for the ikfe removed (12); and noting the I[?. 1 and the endment to Item 1 by Council er Rosansky, Mayor Pro Tern Henn, Mayor Member Gardner, Council Member Daigle HELIOTROPE AVENUE. [100 -20101 16impern that the designated trees will impede his ocean view 7enue ill be the only street with three types of street trees. He trees , thinner trees closest to the water because they will not Generagl*�5ervices Director Harmon clarified that the proposal is to have one tree per site. He v4iged th$t, when the City's arborists met with residents, they were opposed to using palm e because they do not provide a canopy. He believed that the selected trees can b e t rinmed to keep them low and thinned out to allow for ocean views. Pat Vranicar expressed opposition to the proposed trees and suggested selecting one tree for Heliotrope Avenue in order to maintain the charm of the village. Frank Vranicar stated that he had been emailing Urban Forester Conway and believed that something needs to be done ,in the 200 and 300 blocks of Heliotrope Avenue. He displayed photos of the selected'trees when they mature and took issue with the selections. He believed more citizen input is needed before approving the tree selections, volunteered his services, and recommended tabling the item. In response to Council questions, General Services Director Harmon discussed how the recommended designated street trees were selected by the Urban Foresters. He added Volume 59 - Page 488 City of Newport Beach City Council Minutes May 25, 2010 that staff felt that these trees were the best for the neighborhood given the growth space and that the Yesidents in attendance at the Parks, Beaches and Recreation Commission meeting were supportive of the selections. He reported that trees are only removed that pose a public danger or are sick. Council Member Rosansky questioned the need for three different trees for one street. Council Member Gardner requested that the item be continued so she could speak to Heliotrope Avenue residents about the selections. 0 to continue the item to the June 22, 2010, Council The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Curry, Council Member Webb, C gU11 Sky, Mayor'` 'go Tem Henn, Mayor Gardner, CouW Member Daigle Council Member Daigle reported that the Aviation`.Committee met Monday and received a presentation from John Wayne Ar ort (JWA) about „,the noise monitoring system. She suggested placing this presentation o e City's websif`e;. She noted that attendance at the meetings is growing, in part due to volvement:° Council Member Webb also noted the active participation by the Airport W Sking (AWG) Council Member Gardner reported that th Coast ay r Quality Committee is looking into a number of issues tthifiMvolve unfun ed dates by e State and indicated that the Committee will be forwiardi4 suggestions'' Council regarding sending letters to various agencies. V Mayor Pro Tem Henn rgport@ -1 that the Econ is Development Committee (EDC) received a presentation rglaxe to '# rlpdsl; =.tc�csft Zo ' s Code and expressed the importance of the document ,e'YCbg�edre5dente to at meetings in which the Zoning Code will be �. discus of XV. P IC COMMENTS *'; Mark Cgzzi spoke regarding Assessment District No. 101 and asked the City Council for assistance nforcing they- City's contract with Southern California Edison (SCE). He noted that all of theftsidents h completed their part for the Assessment District, reported that SCE has not fixe'tt�the transformer issue at Newport Landing, and believed that this delay is holding up the rem"& all the poles in the right -of -way. He noted that the project is behind schedule because of th�l%delay and.expressed concern that construction will not be allowed after Memorial Day due to the summer season. Public Works Director Badum indicated that he will speak with Senior Civil Engineer Lee to come to some resolution. Mayor Pro Tem Henn stated that he and Public Works were aware that there were issues with Newport Landing's incomplete plans but did not realize it had been over a month. He encouraged Public Works to take whatever action necessary to have SCE comply with its contract. He commended the residents and staff for moving this Assessment District forward rapidly, and asked staff to look into whether the topping off of the poles has to wait until the summer season is over. Volume 59 - Page 489 City of Newport Beach City Council Minutes May 25, 2010 XVI. PUBLIC HEARING 15. BEAUCHAMP GENERAL PLAN AMENDMENT AND LOCAL COASTAL PROGRAM COASTAL LAND USE PLAN AMENDMENT (PA2009 -067) FOR 2000 -2016 EAST BALBOA BOULEVARD - GENERAL PLAN AMENDMENT NO. GP2009 -001; LOCAL COASTAL PROGRAM COASTAL LAND USE PLAN AMENDMENT NO. LC2009 -001; AND MITIGATED NEGATIVE DECLARATION NO. ND2010 -001 - THE AMENDMENT WOULD CHANGE THE LAND USE DESIGNATIONS FROM PR (PARKS. AND RECREATIO*, ) TO RS -D (SINGLE UNIT RESIDENTIAL DETACHED) AND RSD -B (SING. UNIT RESIDENTIAL DETACHED). [100 -20101 Assistant Planner Nova utilized a PowerPoint pre tat' to highlight the proposed project. She noted that the site was previouslygned rest ial before becoming PR (Parks and Recreation). E,.. Referencing the conceptual development snap, CQ cil Member WN)b took issue that the private streets.were included in the #quare fodtage count. He behei,§ that the area would be too dense if five units were`a11Vwed "'6n the site. He expresseapleoncern that anyone looking at this in the future will bAj#`re that it was Council's intent to allow five units on the site since that is what the resoNtion mentions. He emphasized that the current General Plan require s to be 5,000 sgOlare feet. He recommended approving the General Plan Amendment, allowing a ximum of four units on the site. !4v4 In response to Council Member ' bb's que ' s, Assislylt Planner Nova reported that the conceptual development planes not th olectand that approval of the lot configuration is dine during Tx 61, Map-, proval. stated that the drawing was created to allopv for :optimum drive access and that the five units provide for maximum aronmeItal impact asis. Planning Director Lepo assured Council that there v '11 be additional review bore any lot is subdivided. He reported that the draft Zoning Code provides flexibility p allow for consistency with the surrounding area tgAt no make is be ppvved a his time, and that the Planning Commission �,i . ��, Ayquxev 65� Y prbporaL Council h eressed opposition to limiting the site to four units and noted that the conceptual develment map is for illustrative purposes. Mayor Pro Tem VA,' agreed and painted ouihat the final project will be reviewed later. ire,. Nidion by MavorgPro Tern Henn, seconded by Council Member Selich to adopt Resolon No. 20)0 -50 adopting Mitigated Negative Declaration No. ND2010 -001 and approvink,Genera3 Plan Amendment No. GP2009 -001 and Local Coastal Program CLUP Am. No. LC2009 -001. �.? J In response Council Member Gardner's question, Acting City Attorney Mulvihill stated that, by approving this, the City is not locking itself into what is shown on the conceptual development plan and noted that tonight is a legislative action. Mayor Curry opened the public hearing. Dennis O'Neil, applicant's counsel, stated that they have followed the necessary procedures to make the project consistent with the Zoning Code and requested Council's support of the recommendation. David Beauchamp stated that his family has owned the property for many years and emphasized that he is requesting approval of the General Plan Amendment, not the Volume 59 - Page 490 City of Newport Beach City Council Minutes May 25, 2010 conceptual plan. Hearing no further testimony, Mayor Curry closed the public hearing. Without objection and with the concurrence of Acting City Attorney Mulvihill, Council Member Webb requested that all references in the resolution to "five units" be changed to "dwelling units." Mayor Pro Tem Henn indicated that he will amend his motion as long as the change does not prejudge any limitations that arehnot otherwise allowable under the designation that is being requested. Selich to adopt Resolution No. 2010 -50, as amen ,adopting Mitigated Negative Declaration No. ND2010 -001 and approving Gener la N91e dment No. GP2009 -001 and Local Coastal Program CLUP Amendment N C20 �> The amended motion carried by the followin�oll call vote: Ayes: Council Member Selich, Council *,i�mber R osansky, Mayor Pro Henn, Mayor Curry, Council Member Webb, GWIa 3acil Member Gardner, Council llnber Daigle XVII. MOTION FOR RECONSIDERATION - None ,11fi XVIII. ADJOURNMENT - Adjourned at S in mernory of Anita Ferguson, Mike Dexter, and Ann M. Henn The agenda for the Regular Meetin as post May 2010, at 3:40 p.m. on the City Hall Bulletin Board located outsi a of t it wport Beach Administration Building. The suppleit£al agenda f t egular eting was posted on May 21, 2010 at 2:18 p.m .,,9A the City Hall B tiin Board located outside of the City of Newport Beach k�e nistration Buildin . City Clerk Recording Secretary Mayor Volume 59 - Page 491