HomeMy WebLinkAbout01 - Minutes - 9-14-10Agenda Item 146. 1
September 28, 2010
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
September 14, 2010 — 4:00 p.m.
I. ROLL CALL
Present: Council Member Selich, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb,
Council Member Gardner, Council Member Daigle ` "t
Excused: Council Member Rosansky
�c >
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THgF4 CONSENT CALENDAR. °
In response to Council questions regar g Item 14 (Landscape Contr), General
Services Director Harmon noted that the nting of trees is scheduled to begin next
fiscal year and discussed a prioritized list and budget for tree replacement.
,
In response to Council Member dner's question regarding Item 10 (CNG
Modification), Public Works Dir for noted tkaY „this project will modify the
building in order to deal with fuel ss ety issue
In response to Co k�Member Gar e ' uestion reg r' g Item 11 (Hoag Hospital),
Utilities Director Murdoch discusse a long -term plan to phase out the sale of
methane to Id_ ,qag Hospital.
2. ZONING COD19, � „PD - RESIDEP JAL DEVELOPMENT STANDARDS.
A _ , �E .
or Camp e ,tihzed a PowerPoint presentation to discuss
Wing Code velopuent principles, committee recommendations, Planning
Commission recd en S, and possible resolutions. In response to Council
uestion Acting P 'ng Dizector Campbell and Senior Planner Ramirez discussed
g Code guide ' s, modulations, basement limits, parking and property rights.
Coun ember Se ch discussed the Committee's revision process and felt that the
propose date is - reasonable and practical solution.
Todd School e ssed the update process and compromises that were made.
Karen Tringah' from the Corona del Mar Resident's Association and Robin Naismith
utilized a PowerPoint presentation to discuss the association's background and resident
survey results.
Dick Nichols expressed support for more restrictive zoning in relation to cottages
and home size.
Allan Beek discussed a historical perspective of Zoning Code updates and expressed
concern for mansionization.
Volume 59 - Page 563
City of Newport Beach
City Council Study Session
September 14, 2010
Jeanine Paquette expressed concern for oversized homes in Corona del Mar.
Council Member Gardner thanked everyone who worked on the revisions and requested
and received clarification regarding open volume and basement limits. She
discussed resident opinions on house sizes and expressed support for the proposed code
update with basement limits.
Mayor Pro Tem Henn felt the Floor Area Limitation (FAL) on basements is
unnecessary.
Council Member Daigle felt the basement limitation is rational.
Following discussion, it was the consensus of Councilpflirect staff to bring the item
back to Council without a basement limitation.
yx✓'..P
III. PUBLIC COMMENTS -None
IV. ADJOURNMENT - 5:14 p.m.;; Val
The agenda for the Study Session was posted on September 7, 2010 at 4: m. on the
City Hall Bulletin Board located outside of to City of Newport Beach Ad nistration
Building.
Volume 59 - Page 564
CITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
September 14, 2010 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
r
II. CLOSED SESSION - 5:15 p.m.
A. Conference with Legal Counsel - Existing i itigation ;(Government Code §
54956.9(a)): Nine matters: f
/a
1. Pacific Shores v. Newport BeacdU.SAeDistrict Court Case No. SACV 08.
00457 AG (PLAx) 01'
2. Newport Coast Recovery and 'owstone Recovery v. City bf Newport
Beach, U.S. District Court Case No. CV 09 -0701 DOC (ANx);
3. Cross -Claim AgainA" orningside very as the only remaining
portion of the ConcertY¢d Ctn's v. Cit Newport Beach, U.S. District
Court Case No. SACV 08= X0192- JV`GRNBxI
III.
4. NextG v 1V port Beach; U.S.
(JCS "`
5. Abr ms v. X#vport Beach,
6.
Case No. SACV1001286 DOC
District Court Case No. SCAB 09 -404 DOC
County Superior Court Case No. 30 -2010-
Beach, Orange County Superior Court Case No. 30-
Newport Beach, Orange County Superior Court Case No. 30-
9. M6 olluml'v. Newport Beach, Orange County Superior Court Case No. 30-
B. Conference w, ith Labor Negotiators (Government Code § 54957.6):
Agency Designated Representatives: Negotiator Bill Avery; Human Resources Director
Terri Cassidy
Employee Organizations• Newport Beach City Employees Association (CEA); Newport
Beach Professional and Technical Employees Association (Prof - Tech); Fire Management
Association (FMA)
RECESS
Volume 59 - Page 565
City of Newport Beach
City Council Minutes
September 14, 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 - No reportable action taken
VII. PLEDGE OF ALLEGIANCE - Council Member Daigle
VIII. INVOCATION
I% PRESENTATIONS
'►0
XI.
International Literacy Proclamation - Mayor Currylr6d the prod atnation and presented it
to the President of the Literacy program. Nancy Thompson thanked Council and invited
residents to attend the City's International Litera, y lebb tion on Thursdky,, September 16 at
10:00 a.m. at the Central Library. „
✓>
Sister City Antibes, France Visitors - Mayor G.y read the proclamation andipresented it
to the five Sister City visitors from Antibes, France" 'k�xitibes Sister City Association President,
Wolf Burg, thanked the City and the Newport Be " Sister City Association for a warm
welcome. Council Member Webb encou a ed residents to Viot Antibes while visiting France.
California Regional Water Quality Acon6cil Board Le r of Appreciation for the
Rhine Channel Project - Los Angeles Regiona�i `Board R esentative Brandi Outwin
presented a letter to the City commending tjre City and staifjor their active involvement in the
remediation of the Rhin el.
Appreciation In he F Ily of Marine Corporal Claudio Patino IV - Claudia and
Marlon Patino pres = ed a gif(to the City for their support.
Council M nber Daigle repprted thaCthe Airport Working Group (AWG) is preparing for the
next round`* negotiationss't mitigate long term impacts from John Wayne Airport (JWA)
and requested at the Mayor send a letter to the Federal Aviation Administration (FAA)
pertaining to dephtture prQCedures. Mayor Curry accepted the request.
Council Member Gamer expressed concern that the Planning Commission minutes do not
provide enough informktion.
Council Member Selich announced that a new Newport Beach magazine that focusses on issues
in the City will be distributed to residents on Friday.
Mayor Pro Tem Henn stated that thanks to the efforts of City Manager Kiff and Council
Member Daigle, the City of Villa Park was added to the corridor Cities group. He
also announced that he attended the Jr. Lifeguard graduation ceremony and provided an
update on the land use planning process involving the City, Lido Marina Village, and the Via
Lido Plaza. He also stated that by January, a vision of the changes to the Peninsula, including
the current City Hall site, should be completed, with substantial opportunities for public input
Volume 59 - Page 566
City of Newport Beach
City Council Minutes
September 14, 2010
along the way.
Mayor Curry thanked residents for attending the "Meet the Mayor" session at the Balboa
Library, stated that he attended a Ramadan dinner and the Orange County Armenian Festival,
announced that Oklahoma City Mayor Cornet visited the new OASIS Senior Center to use as a
model for upcoming centers in his city, noted that on September 9, 2010 he was elected to the
League of California Cities Board of Directors, encouraged residents to visit the Nautical
Museum, and announced that he had the honor of picking the winner of the Coastline Car
Classic Mayor's Award.
XII. CONSENT CALENDAR
A. READING OF M
19
C.
i10
1. MINUTES FOR THE SPECIAL
STUDY SESSION AND REGUI
[100 -20101 Waive reading of subje4
filed.
2. READING OF ORDINANCEk
of all ordinances and resolutions
read by title only.
3. OFF - PREMISES MASSAGE A
and adopt Ordinance No. Q10 -14
ETiNG OF AUGUST 5, 2010, AND
'MEETING OF AUGUST 10, 2010.
.nutes, approve as amended, and order
.ESOLUTIONS. Waive Feading in full
consideration, and direct City Clerk to
10] Conduct second reading
mises massage permits.
5. AC PT PROPOSITION &,GRANT FUNDS. [100 -20101 Adopt Resolution
No." 0 -100 4uthorizing the Director of Public Works to review and execute an
agreem t wi - SWRCB to receive Proposition 84 funding to implement the
s Ne �t Lo of wi?cial Biological Significance (ASBS) Protection
ImIenta Program.
6. INSTALATIO F STOP SIGNS AT THE INTERSECTIONS OF PARK
AVENUE tjT YST AVENUE, BALBOA AVENUE AT DIAMOND
va AVENUE, AND B OA AVENUE AT AMETHYST AVENUE. [100 -2010]
Adopt Resolution No. 2010 -101 for the installation of STOP signs at the
intersection "of Park Avenue at Amethyst Avenue, Balboa Avenue at Diamond
venue attd Balboa Avenue at Amethyst Avenue, to create three -way stop
con rol at4hese intersections.
8. APPROVAL OF FINAL BID EVALUATION, AUTHORIZATION TO
ENTER INTO CONTRACT NEGOTIATIONS, AUTHORIZATION TO
ENTER INTO CONTRACTS, AND AUTHORIZATION TO FULLY
EXPEND COPS TECHNOLOGY GRANT FUNDS IN REGARDS TO THE
JUSTICE AND HOMELAND SECURITY INTEGRATION AND
CITATION PROCESSING PROJECT (C- 3925). [38/100 -20101 a) Approve
the Final Bid Evaluation Report from Deloitte Consulting for the Justice and
Homeland Security Integration and Citation Procession Project ( "Project "); b)
Volume 59 - Page 567
City of Newport Beach
City Council Minutes
September 14, 2010
9.
authorize the City Manager, in conjunction with the ILJAOC representative, to
enter into contract negotiations with Sierra Systems for the integration portion
of the Project, and Brazos Technology for the citation processing portion of the
Project; c) authorize the City Manager to execute any contracts or other
documents for the Project, to the extent that said contracts relate to the
expenditure of the COPS Technology Grant Funds, subject to approval by the
City Attorney; and d) authorize the complete expenditure of the COPS
Technology Grant Funds, administered by the City of Newport Beach on behalf
of the ILJAOC, for the Project.
CIVIC CENTER AND PARK - MATERIAL
SERVICES - APPROVAL OF P
AGREEMENT WITH KOURY 1
4527). [381100 -20101 a) Approve a P;
Engineering & Testing, Inc. (Koury)
inspection services for the Civic Cc
contract price of $865,498.00, and.»
execute the agreement; and b)pp
appropriating $865,498.00 fr �€ the
Newport Beach Civic Center Prod
(lino, to p:
and Park
orize the
vG AND INSPECTION
SIONAL SERVICES
& TESTING, INC.(C-
s Agreement with Koury
ide material testing and
•ojecl at a not -to- exceed
Facilities Master
No. 7410 -C 1002009.
City Clerk to
No. I IBA -005
Plan Fund to
10. CORPORATION YARD FLEET SHbg CNG MODIFICATION PROJECT
- AWARD OF CONT"CT (C- 4315). 3$100 -20101 a) Approve the project
drawings and specificaoii 'b1 award Contact No. 4315 to Anderson Air
Conditioning, LP for the Total Bid Price of 5,434.00, and authorize the
Mayor and the City Clerk,to execute the contra; c) establish an amount of
$19,543.00 to cover the unforeseen work; an�d.d) approve Budget Amendment
No. lIB w ppropriating1000.00 from the unappropriated AQMD fund
Balan to a ount no. 7290' a, 002014.
IL MEN NO. 2 TO 4PREEMENT BETWEEN THE CITY OF
NEWP T CH ANI?, HOAG MEMORIAL HOSPITAL
TSB I E ;SLIVERY OF NATURAL GAS (C- 2493).
`[3800 010 prove Ames ent No. 2 to agreement with Hoag Memorial
Hospitaresb ' ,ion for delivery of excess natural gas produced from the 16
City owned oil we As a by- product of oil extraction activities, and authorizes
the Mayor did City k to execute the agreement.
COMMUNI�Ir YOUTH CENTER DOOR HARDWARE IMPROVEMENTS
,w COMPLEbON AND ACCEPTANCE (C- 4309). [381100 -20101 a) Accept
*,e�completed work and authorize the City Clerk to file a Notice of Completion;
b)' "4 *hor' the City Clerk to release the Labor and Materials bond 35 days
after` otice 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.
13. OCEAN PIERS CONDITION INSPECTION - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH ASSOCIATED
PACIFIC CONSTRUCTORS, INC.(C- 4608). [381100 -20101 Approve a
Professional Services Agreement with Associated Pacific Constructors, Inc.
(APC) of Morro Bay, to inspect the below deck support structures of Newport
Pier and Balboa Pier at a not -to- exceed price of $74,340.00, and authorize the
Mayor and City Clerk to execute the agreement.
Volume 59 - Page 568
City of Newport Beach
City Council Minutes
September 14, 2010
14. APPROVAL OF FOUR (4) LANDSCAPE CONTRACT AMENDMENTS
(C -3966, C -3880, C -3569, C- 3988). [381100 -20101 Approve the contract
amendments with 1) West Coast Arborists, Inc. for an annual not to exceed
amount of $950,000, 2) TruGreen Landcare, Inc. for an annual not to exceed
amount of $820,000, 3) Park West Landscape, Inc. for an annual not to exceed
amount of $455,000, and 4) Merchants Landscape Services, Inc. for an annual
not to exceed amount of $710,000.
City Manager Kiff clarified that the amount for West Coast Arborists
should be $950,000, not $710,000 as listed in the . If report.
15. TERMINATE AGREEMENT WITH HYp'ROBLAST, INC. FOR
SIDEWALK STEAM CLEANING SERVICES AND CONTRACT WITH
BONANZA STEAM CLEANING, INC. FOR, SIDEWALK STEAM
CLEANING SERVICES (C- 4535B). [38/100 -20101 yminate the agreement
with HydroBlast and approve an agreement with BonaYt2a Steam Cleaning to
provide sidewalk steam cleaning 7Tvices for two (2) years', ith an option of
three (3) one -year extensions.
16. JAMBOREE ROAD BRIDGE ENING OVER STATE ROUTE 73 -
APPROVAL OF SETTLEMENT ROUTE #EEMENT WITH 3901 MACARTHUR
BLVD., LLC. (C- 4548$). [381100 -2010 aa) Approve the Settlement Agreement
with 3901 MacArthur I_,ulevard, LLC for:(he acquisition of real property for
the Jamboree Road Brid�e"llning over St #fe Route 73 Project, and authorize
the Mayor and City Clerlt to ezeciife the Settleirl$nt Agreement and Certificate
of Acceptance; and b) authorize staff to .open a row account and make the
necessary payments to comp`.jete the,tiansac ou,
17. AFka-V21010 O AVENUE k TD WESTCLIFF DRIVE MEDIAN
IMETS - COM,LETION AND ACCEPTANCE (C- 3967).
13 ]'a) Acc ept the c pleted work and authorize the City Clerk to
file a e o,." a letion; b) adorize the City Clerk to release the Labor and
materials' " r t " Notice of Completion has been recorded in
accoice applicable tions of the Civil Code; and c) release the
FaazthfulITRerfor rice Bond one year after Council acceptance.
L8. NO REPORT
PROFESSIONAL SERVICES AGREEMENT FOR INTERIM MARINA
MANAGEMENT SERVICES AT THE BALBOA YACHT BASIN WITH
ASIN MARINE, INC. (C- 4481). [381100 -20101 a) Approve the Professional
S'4 ces Agreement with Basin Marine, Inc. to manage the Balboa Yacht Basin
on # terim basis; b) approve Budget Amendment No. 11BA -008
approp'lElating $28,000 from unappropriated reserves (Tidelands) to account
#2371 -8080 Professional and Technical Services; and c) waive the requirement
in Council Policy F -14 for the City to contact at least three qualified consultants
for proposals.
E. MISCELLANEOUS
20, PLANNING COMMISSION AGENDAS FOR AUGUST 19, 2010 AND
SEPTEMBER 9, 2010. [100 -20101 Receive and file written report.
21. ACCEPTANCE OF PUBLIC SAFETY INTEROPERABLE
Volume 59 - Page 569
City of Newport Beach
City Council Minutes
September 14, 2010
COMMUNICATIONS (PSIC) GRANT. [100 -20101 Authorize the City
Council to accept grant funds in the amount of $16,303.77 from the Public
Safety Interoperable Communications (PSIC) Grant Program funds to offset the
cost of previously purchased Motorola XTL 5000 portable radios.
Kilo
Motion by Mayor Pro Tern Henn, seconded by-Council Member Webb to approve the
Consent Calendar, except for the items removed (4 & 7), noting the changes to the August 10,
2010 Regular meeting minutes, and noting the amendment to the recommendation of Item 14
(Approval of Four Landscape Contract Amendments).
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky,
Council Member Webb, Council Member Gardner, C
4. VIA LIDO INTERIM STUDY 01
AMENDMENT NO. CA2010 -006
20101
In response to Council Member Gardner's qua
clarified that the dock work done at 3388 Via
Harbor Commission.
conduct second reading and adopt Qrdinance,+�c
No. CA2010 -006 w he associated Study;)Plan.
The motion c ed by a following rol "6 vote:
Ayes: Counc
Cur. y, Co
7. RFQUESZ zQ
All OR BELd
"'C..ouncil Member
Mropriate catel
IVllbr Historic I
Econoigic Develol
a Class $1G use
In response ' '1111
any monetary g u
Tern Henn, Mayor Curry,
?er Daigle
- 3388 VIA LIDO - CODE
'ED STUDYPLAN. [100-
Harbor Resources Manager Miller
was not required to go before the
lember Webb to
Code Amendment
Council Member Rosansky, Mayor Pro Tom Henn, Mayor
Webb, Cou %Fit Member Gardner, Council Member Daigle
THE RAWMNS SOLAR HOUSE IN THE CITY OF
ISTER OF HISTORICAL PROPERTY. [100 -20101
bb std that the City Arts Commission believed that the
for the that
is Historic Landmark (Class 2) rather than a
nark (Class 1) and expressed support for the amendment.
.t Coordinator Bowden believed that the property was deemed as
high level of design and integrity.
mcil questions, Nora Jensen, stated that the owner will not receive
for the property being deemed historical.
Council Member Webb expressed concern about placing restrictions on future changes
to the house and limiting future property owner's rights. Council Member
Gardner believed that the age should not be the determining factor in deeming a
property historical and expressed opposition to changing staffs recommendation.
In response to Mayor Pro Tem Henn's question, Ms. Jensen clarified that changing the
property's classification to Class 1 or Class 2 does not change the impacts to the
property.
Volume 59 - Page 570
City of Newport Beach
City Council Minutes
September 14, 2010
Motion by Council Member Webb, seconded by Council Member Rosansky to
adopt Resolution No. 2010 -102 adding the Rawlins Solar House to the City of Newport
Beach Register of Historic Property as a Historic Landmark (Class 2).
The motion carried by the following roll call vote:
Ayes: Council Member Daigle, Council Member Webb, Mayor Curry, Mayor Pro Tem
Henn, Council Member Rosansky, Council Member Selich
Noes: Council Member Gardner
►00
Council Member Daigle reported that the air quality report ye oitive to John Wayne Airport
(JWA) will be presented to the Citizens Aviation Committee on'Septomber 27.
Council Member Gardner received no objections from council for the T3arbor Commission to
research marine services around the Bay to identify tb services that are critical to the viability
of the Harbor.
XV. PUBLIC HEARINGS 3.
22. REVIEW OF THE FY 2009 -201 COMMUNITY BLOCK GRANT
CONSOLIDATED ANNUAL PERFOR AND EVALUATION REPORT
(CAPER) TO THE U.S. DEPARTMENT`S F HOUSING AND URBAN
DEVELOPMENT. [100 - 2010]?
Economic Development Coordinator Bowden reported t in order to receive CDBG
funds, Housing and Urban Development (HUD) requares, that the City provide a report
detailing what t accomplished m the last fiscal year.
3 3
Mayor Cur,,y opener the public het ring. Hearing no testimony, he closed the
public hearig,
In r�s$?i to ncil.v.� )I -ner's question, CDBG Consultant Clint
Wlrrtehead clamed t the 3,000 ho eholds stated in the Community Development
Objectives refers - home hat were inspected by Code Enforcement.
otion by Councrl Memb Webb seconded by Council Member Gardner to
drove the Draft (nsohdate` Annual Performance and Evaluation Report (CAPER)
for`scal Year 20091010.
The moti6 carried by the following roll call vote:
Ayes: Counci er Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
23. COASTAL LAND USE PLAN CONSISTENCY AMENDMENT (PA2010 -052) - 1)
GENERAL PLAN AMENDMENT NO. GP2010 -001 - STATISTICAL AREA B1 -
6306 -6310 W. COAST HIGHWAY; 2) GENERAL PLAN AMENDMENT NO.
GP2010 -004 - STATISTICAL AREA H4 - 1221 W. COAST HIGHWAY & 2300 W.
COAST HIGHWAY; 3) GENERAL PLAN AMENDMENT NO. GP2010 -005 -
STATISTICAL AREA B5 - 2102 W. OCEAN FRONT, 2306 W. OCEAN FRONT,
3366 VIA LIDO, AND LIDO PENINSULA (INCLUDING SHIPYARD WAY,
ANCHORAGE WAY, THE RHINE ANZA STREET, BEACH DRIVE, CABRILLO
Volume 59 - Page 571
City of Newport Beach
City Council Minutes
September 14, 2010
STREET, NOMAD STREET, DRAKE STREET, EL PASEO STREET, BOLIVAR
STREET, FREEMONT STREET, AND CHANNEL ROAD); 4) GENERAL PLAN
AMENDMENT NO. GP2010 -006 - STATISTICAL AREA D2 - 500 -514 WEST
BALBOA BOULEVARD; 5) GENERAL PLAN AMENDMENT NO. GP2010 -007 -
STATISTICAL AREA D3 - 600 E. BAY AVENUE, 600 EDGEWATER PLACE, 105
MAIN STREET, 707 E. OCEAN FRONT; AND 6) GENERAL PLAN
AMENDMENT NO. GP2010 -008 - STATISTICAL AREA FI - 1901 -1911 BAYSIDE
DRIVE. [100 -20101
Acting Planning Director Campbell reported that the proposed amendments are to
make the General Plan consistent with the Coastal Land Use'Plan.
Mayor Curry opened the public hearing.
Carol McDermott noted a mapping error to ap:`2 of the Lido McFadden mixed use
area and asked that staff amend the map to r et that there is no legal description for
one of the properties. Acting Planning D' ctor Campbell clarified that the error is
the boundary of the mobile home park there i no legal description included. He
stated that staff will look at the bounder closelk4nd amend it around iM6,buildine.
Hearing no further testimony, Mayor
Resolution No. 2010 -103 apprbviiig a
adopt Resolution No. 2010 -104 approv
adopt Resolution No. 2010 -105 appro
adding language describing the ns*ur
the map is appro '' e and that eki
within the M e co ` ercial design
General PI Amen ent No. GTE
approving ral P n Amendment
2010 -108 approve G era] Plan Amp
closed the public hearing.
Curry to a) adopt
No. GP2010 -001; b)
t No. GP2010 -004; c)
ent No. GP2010 -005
p6"LXht{ —t A stating that the boundary on
commercial" uses are intended to be located
d) adopt Resolution No. 2010 -106 approving
006; d) adopt Resolution No. 2010 -107
GP2010 -007; and f) adopt Resolution No.
!nt No. GP2010 -008.
i ne;mormn carrred a following` all vote:
0," Ayes: Council M er S4t, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
w Curry Counb Memb;Nebb, Council Member Gardner, Council Member Daigle
lr, 1116
24. ORT COM116ERCE PLAZA - PLANNED COMMUNITY DEVELOPMENT
PLAN,., 0 NT (PA2010 -007) TO CHANGE THE LAND USE
DESIG" ATION INDUSTRIAL SITE NO. 4 FROM 'INDUSTRIAL" TO
"OFFICklt AND ;)PO CHANGE THE ON -SITE PARKING REQUIREMENT
RATIO. [10brgol
Associate Planmer Bunim reported that this is a second reading for Ordinance 2010-
16 and discussed the proposed changes.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the
Public Hearing.
Motion by Council Member Daigle seconded by Council Member Rosansky to
adopt Ordinance No. 2010 -16 approving Planned Community Development Plan
Amendment No. PD2010 -002.
Volume 59 - Page 572
City of Newport Beach
City Council Minutes
September 14, 2010
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Curry, Council
Member Webb, Council Member Gardner, Council Member Daigle
Absent: Mayor Pro Tern Henn
25. CODE AMENDMENT AND INTERIM STUDY OVERLAY FOR THE NEWPORT
BEACH WINERY PROPOSED AT 869 WEST 16TH STREET. [100 -20101
Council Member Rosansky recused himself because he owns recital property within 500 -
feet of the proposed winery.
Acting Planning Director Campbell stated that the proposed winery will be at an
existing location and will allow food processing.
Mayor Curry opened the public hearing. 1iearing no testimony, he closed the
public hearing.
inu it ov & ounce _tviember Webb,�'secon kd b Ma or Yro Tem Henn to
introduce Ordinance No. 2010 -17 approvingu,= de Amendment No. CA 10-005 with
the associated Study Plan, and pass to secoi' ading on
September 28, 2010.
The motion carried by the followPng roll call vote: 4 s
Ayes: Council Member Selich, Mayor Pro .fig Henna yor Curry, Council Member
Webb, Council Member Gardner, Council`l lember isle
26. HOAG MEM `' HOSPI),TAL,' PRESBY'T'ERIAN DEVELOPMENT
AGREEMENT` COMPLIAC� E REVIEW. [381100 -20101
Acting Planning Direc r Campbell stated that the item is a continued public hearing to
allow time for H�.a t ate the sountls at the loading dock and to reduce the plume
of the eogea plan a i e orte¢l that Hoag is consistent with noise standards
aid plume red ction. a diacussecC'' ' 's plans to enclose the bailor with noise panels
end partially ense th ash compactor.
�n response to CoAi -ncil que s, Acting Planning Director Campbell stated that the
@base panels will lig�lp mitiga the noise from the compacting units and compliance
I will be revisi "' d every year in April. Sanford Smith, Sr. Vice President of Hoag,
stakiat trash is ollected from the bins three times per week and noted that there is
no eiitlilan to remove the South building.
Mayor Curry opened the public hearing.
Dick Runyon requested that Hoag address issues faster, make information available to
the public 60 -days prior to the hearing, allow residents the opportunity to conduct
independent noise level testing, address issues with the lower campus, conduct an
independent study for parking lot lights in the evenings and on weekends, and possibly
install a gate to keep cars out at night.
Eric Thurner expressed concern about the plume at the cogen plant and stated that he
would like to have a detailed report including dates and times, weather conditions, and
measures taken when protocols are implemented.
Volume 59 - Page 573
City of Newport Beach
City Council Minutes
September 14, 2010
Hearing no further testimony, Mayor Curry closed the public hearing.
Council Member Rosansky believed that Hoag has made efforts to satisfy the
requirements from the City and residents.
In response to Mayor Pro Tem Henn's questions, Acting Planning Director Campbell
stated that a review will occur in April of each year and noted that he will make the
information available to the public as soon as he receives it. Council Member
Gardner suggested that Hoag conserve energy by mitigating some of the lights in the
parking lot during the evening.
irmeion ny 1,0 uncu lnemner ICOSansKV seconded bv'Mayor Fro Tem lienn to
determine that Hoag is in good faith interim com, pl "iance with the Development
Agreement.
The motion carried by the following roll call vo v"
Ayes: Council Member Daigle, Council M er G ner, Council Member Webb, Mayor
Curry, Mayor Pro Tem Henn, Co ell Me "er, Rosansky, Council Member Selich
27. MORNINGSIDE RECOVERY DEVEL ENT AGREEMENT (DAA10 -001) TO
PROVIDE AN ENTITLEMENT FOR T2 OPERATION OF RESIDENTIAL
CARE FACILITIES IN THK CITY WHILE r', O CONTAINING LIMITATIONS
ON THE TOTAL NUMBER OF CLIENTS I ECOVERY FOR DRUG AND
ALCOHOL ABUSE IN THE CITE- QN OCC NCIES AT ITS CURRENT
FACILITIES AND WITHIN THE PEN ]ULA E, AND CONTROLS ON
THE OPERATION OF THESE FACILITIE' .1 ,,(io0 -2 10]
City Attorney H cussed the prep, development agreement with Morningside
Recovery and ovide a PowerPointr hat included maps, pictures, locations, and an
outline of a propo ed development agreement. He also explained Morningside
.Recovery's ab tqy to a uire existing facilities.
Ma3o'Citrty o th p ing.
4 onald Talmo %ounse or Morningside Recovery, stated that he has worked
extensively on the " ttlem agreement and made himself available for questions.
,Andace Bruce, Morningside ecovery CEO, addressed resident concerns and stated
thatllshe has evaluai d the current operation and has worked to try to resolve the issues
to mari�ttain good relationships with the neighbors.
Bob Rush expressed concerns about the explanation relative to the acquisition of other
facilities and t$ terms of the contract.
Bettina Deininger expressed concern relative to the protection of safety and public
health, operational conditions, public accessibility to facility managers,
inadequate response times, and code enforcement notifications. She urged Council to
delay their decision to allow time for concerns to be addressed.
Willis Longyear expressed concern relative to the contract terms, monitoring of
residents, policing of activities, 'and keeping facilities clean and smoke -free. He urged
Council to amend the agreement term to a 5 -10 year agreement with the right to
extend.
Volume 59 - Page 574
City of Newport Beach
City Council Minutes
September 14, 2010
XVI.
Bill Hitchcock presented a letter by Dennis Repp, discussed due process, stated that the
Planning Commission's hearing notices were not received, and alleged a conflict of
interest by Mayor Pro Tem Henn.
Mark Gonzalez urged Council to consider working with Morningside Recovery to find a
different location.
Jim Aust, President of Lido Isle. Community Association, thanked staff for attending
the Lido Isle Community Association meeting on August 11 and believed that the three
addresses on Lido Island should not be counted as one unit.
Laura Curran addressed distancing of the locations,;' staffing inadequacies, and
enforcement difficulties.
Denys Oberman clarified that there is no prolk,bj)ion or restriction coming from the
Federal court concerning the City's ability t 'nforce its ordinance, stated that the
proposed agreement does not provide assura�. for deconcentration, and discussed the
issue of assemblies. She believed that addllional visions are needed for operational
conditions. She requested that no as %hes allowed within 1,000 feet of schools
and daycares, bars, and other businesses imilar activities.
Hearing no further testimony, Mayor Cur* closed the public hearing.
City Attorney Hunt addressed tasidents concerns d discussed lawsuits against the
City relative to disabled rights to housing.
Mayor Pro Tem Henn stated that the agxeem'`�ut rep sents an improvement of
what was first revie ed by the Planning Commission; � ,Jnphasized that public input is
valid and was cop c *, d during the,prkess, believed that changes came about with
Morningside s, lwillingnLs to work with' City, and noted that the agreement is worth
approving. thanked City Attorney, Hunt, City Manager Kiff, and Morningside
Recovery for priding substantially improved agreement.
vd� lyiavo ro '1'e1Yf seconded b Council Member Webb to
educe Ord nce 2010 -18 app g Development Agreement No. DA2010 -001,
pass to second ready n September 28, 2010.
v;
motion carried by the fo ing roll call vote:
t Council Member Daigle, Council Member Gardner, Council Member Webb, Mayor
�, Mayor ,ro Tem Henn, Council Member Rosansky, Council Member Selich
George Grupp took iss4' about receiving a parking issue. Mayor Curry referred him to City
Manager Kif£
XVII. CURRENT BUSINESS
28. NEWPORT BEACH CIVIC CENTER PROJECT: PARKING STRUCTURE AND
GUARANTEED MAXIMUM PRICE (GMP) PHASE TWO (C4527B). [73/100 -2010]
Public Works Director Badum provided a PowerPoint presentation that included the
assist/build process and bid results, noting that the project bidded at almost $2,000,000
less than anticipated.
Volume 59 - Page 575
City of Newport Beach
City Council Minutes
September 14, 2010
In response to Council questions, Public Works Director Badum stated that after the
plans are generated, trade packages. will be sent out to bid. He also stated that the City
hired a company called Interwest to handle the plan checks.
City Manager Kiff provided a PowerPoint that included information on the
approach/principles of using the assist/b Wld process and discussed the contract process.
Mayor Pro Tom Henn explained the bid process and where construction cost savings are
derived from.
Council Member Selich stated,that the new City Hall consists of many components that
are valuable to the success of the project and briefly dtscus'sed money savings.
Mayor Curry thanked City Manager Kiff and
work on the project and stated that the prof"
public.
approve an amendment to the Constru'c�"Mai
d.,
Driver of Irvine, amending the Guaranteed xin
and construction of the Parking Structure and�`mil
for the Newport Beach Civic C' 14er, project at a de
authorize the Mayor and City C %rk to execute the
of GMP #2 ($350,000) as the City's contmgc y for
Public Works Director and City Manager to execute
the City Council Byl;)ding Committee; and -c ) annr
006 approp
Beach Civic
The motion cai*d by
29: s?"` NAMING OF
853 from
t Account
following
m Henn,
Works Director Badum for their
cation is readily available to the
Council Membei,Webb to a)
�r At Risk Contract with C.W.
i Price (GMP) to add the design
.aneous items of work (GMP #2)
i exceed price of $7,426,853, and
tact; b) establish a budget of 5%
$ een costs and authorize the
in F49 orders upon concurrence by
`Budget Amendment No. 11BA-
Ujor Facilities Master Plan Fund to Newport
410- C1002009.
vote:
her Gardner, Council Member Webb, Mayor
Member Rosansky, Council Member Selich
HART EVENT CENTER. [100 -20101
It and SerdOr Servicel Director Detweiler discussed Council Policy B -9, stated
tk%.the Parks, Bea*es and Recreation (PB &R) Commission recommended leaving the
faciht +game as the OASIS Senior Center and designate the large multi- purpose
room as t Evelyn flart Event Center, and showed a mock -up of the signage.
Council Mem%i r,Gardner stated that the focus should be on the Senior Center, saluted
Evelyn Hart foi`'the work she has done, and briefly discussed the PB &R Commission's
recommendation.
Mayor Curry expressed gratitude to Evelyn Hart for her leadership, applauded her
contributions, discussed the PB &R Commission's role, and expressed support for the
recommendation.
Council. Member Daigle expressed support for the recommendation and added that she
is not opposed to naming the facility the Evelyn Hart OASIS Senior Center.
Marilyn Brewer expressed support for naming the OASIS Senior Center after Evelyn
Volume 59 - Page 576
City of Newport Beach
City Council Minutes
September 14, 2010
Will.
u
Hart, stating that Evelyn Hart has been involved in the community and has expressed
committment to residents. She urged Council to reconsider the recommendation.
Tim Stoaks expressed support for naming the center the Evelyn Hart OASIS Senior
Center.
Jean Price expressed support for naming the center the Evelyn Hart OASIS Senior
Center, stating that Evelyn Hart has provided support to residents in the City for many
years.
Gloria Alkire believed that the public should have had more of an understanding about
Council Policy B -9.
Council Member Selich expressed support for the recommendation, but noted that he
does not disagree with naming the Senior Cer pe,r the Evelyn Hart OASIS Senior
Center.
Mayor Pro Tem Henn expressed
Hart.
approve the recommendation of the P.
naming of the Evelyn Hart Event Center
The motion carried by the
Ayes: Council Member Selich,
Curry, Council-Member
vote:
the event 'center after Evelyn
ed by Council Member Webb to
;hes & Recreation Commission for
the OASIS Senior Center.
,r Pro Tern Henn, Mayor
Council Member Daigle
The agenda f the Rem was posted on September 7, 2010 at 4:00 p.m and
the supplplme�l spend r the Re eating was posted on September 10, 2010
at 3: 2Qsp m. on the City H 4 ulletin Board located outside of the City of Newport
City Clerk
Recor ing Secretary
Mayor
Volume 59 - Page 577