HomeMy WebLinkAbout01 - Minutes - 02-24-2009Agenda Item #1
Ma"r ch_ :10 , . `.200 9
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
Fnhrnarw 2d 2(109 — d•30 r, r
I. ROLL CALL
Present: Council Member Henn, Council Member Ros N�eprbcTel Tern Curry, Mayor Selich,
Council Member Webb, Council Member G nmr aigle
I I. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS O./ROE (NSENT CALE R - None
2. GREEN TASK FORCE OUTIZ ' ANS. [100 -20091
Council Member Gardner indicated t residents would like more information about
becoming greener. She d that new la " will be implemented by the State and discussed
ways the City can excee te's standa . She stated that the City's proposed outreach
plans go beyond the S te's Yements sl it provides a description application,
and benefit. She also stat that s " the S s regulations are optional, but believed
that the City should str s the conserving. She indicated that the Task
Force would to provide a och or han that refers people to the website.
Brion annet stated that t guidelines being proposed deal with green materials, water
cone_, tion, w�tering lawns, a cleaning the water before it enters the Bay. He expressed
hope thai Cou '1 will agree th the guideline makes sense and that. the website is an
im ortant inform ion to the public.
In res a to until Membe Rosansky's question, Mr. Jeannette stated that the State
codes wil into ct in June, but will be voluntary. Council Member Gardner added that
the Task a will c e back to Council to discuss what is required by the State and will
make additio I sugge as, with most of the suggestions being optional.
Louncil Mem�er Curry commended Council Member Gardner and the Green Task Force for
work o positioning residents to be able to comply with the new laws. He discussed the
im nce having choices available.
CouncilyrE mber Henn expressed support for the outreach plans and commended Council
Member Gardner for taking the lead on the issue. Council Member Gardner commended staff
and stated that they incorporated what they learned from other cities.
Council Member Rosansky expressed support for going green, but will reserve his final
judgment as to what is mandatory and what is voluntary.
In response to City Manager Bludau's questions, Council Member Gardner stated that staff is
researching the relationship between SB375 and the Green Building Standards. Building
Director Elbettar reported that the Green Building Standards adopted by the State are the
first green building codes in the nation and goes into effect on August 1. He indicated that
the standards are voluntary until January 2011 and apply to residences, schools, and
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City of Newport Beach
City Council Study Session
February 24, 2009
hospitals. He talked about energy, standards and the City's ability to modify, amend, or add
to them. He reported that the adoption process will begin in April or May and that the Task
Force will have an opportunity to provide input relative to the standards.
Building Director Elbettar reported that buildings that are older than 30 years old might not
be able to handle the extra weight from solar. panels. He noted that the Energy Commission
is proposing new energy standards in late 2009 that will involve existing buildings and homes
at the point of sale.
In response to Council Member Daigle's questij, Building Director Elbettar stated
that stakeholders have not been notified yet becau he guidelines have not been developed
and the Building Standards Commission is stills -ung input.
City Attorney Hunt recommended that C<
Agenda relative to a letter received from
Project (Item 14). He believed that the
advised Council that it must be dea
Government Code § 54958.9 (c).
Motion by Mayor Pro Tem Curry to
received from the City of Irvine reg
Government Code § 54956.9 (c). _
The motion carried by the follom
Ayes: Council Member Henn,
Council Member Webb, G
III. _PUBLIC COMMOM None
IV. ADJOUR T - 4• p.m.
The agenda for a
City Clerk
vote:
:e t d an item to the Closed Session
of Iry regarding the Hyatt Regency
on may d to possible litigation; and
x to the t meeting, pursuant to
to the Closed Session [agenda relative to a letter
Hyatt Regency Project (Item 14), pursuant to
tyor Pro Tem Curry, Mayor Selich, .
Member Daigle
;ted on February 18, 2009, at 2:50 p.m. on the City
City of Newport Beach Administration Building.
Recording Secretary
Mayor
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
February 24, 2009 — 7:00 p.m.
I. ETUDY,SESSION - 4:80 p.m
II. CLOSED, SESSION . 4:57 p.m
A. Conference „with. Leeal Counsel Anti ated Li ation_- _Exposure. to Litigation
Government Code § 54956__9(cj One matter: }J2NJ913
1. Potential litigation regarding Fuji Grill's operating�aeement at Corona del Mar
Beach due to its notice t "t it is terminating its operatin reement.
B. Conference with Labor Negotiatot Government Code_§ 54997.6
Agency designated repr entatives: Hu&,LR Resources Director Terri Cassidy and Assistant
City Manager Dave Kif
N1N +,
Employee organization: ity ba�'ning units
C. Conference with Real Pr Zia*
erty otiato over nment Code 54996.8):.
Property;;•! "`Marina Park Mobil ine Park, 1770 W. Balboa Blvd., Newport Beach
City g otiaton Assistant City Manager David Kiff
Negotia iWa }Wi'.ty.and ten�n' t interests
D. C
L
0
III. RECESS
IV. RECONV
V.
VI.
Terms and. conditions of rentals at Marina Park
h al _Counsel - ..Anticipated Litigation. c.Exposure to._Liti ation
ode. 4956.9.(c) One utter:
litigation brought by the City of Irvine regarding the Hyatt Regency
Beach expansion project.
7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor Selich,
Council Member Daigle, Council Member Rosansky, Council Member Henn
CLOSED SESSION REPORT
City Attorney Hunt reported that Council added the matter of potential litigation brought by the
City of Irvine regarding the approval of the Hyatt Regency Newport Beach expansion project and
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City of Newport Beach
City Council Minutes
February 24, 2009
VII.
VIII.
Ix.
X.
XI.
Kin
that no reportable action was taken on the matter (Item II -D).
I
PLEDGE OF ALLEGIANCE - Council Member Henn
INVOCATI.ON - Jim de Boom, Newport Mesa Irvine Interfaith Council
PRESENTATION
Presentation of Plaque to Outgoing Parks, Beaches and Recreation Commissioner
Cristine Trapp - Mayor Selich read the proclamation and preseted it to Cristine Trapp. Ms. Trapp
expressed her gratitude for the recognition. y'
NOTIGETO-THE PUBLIC
CITY _._COUNCIL ...__ANNOUNCEMENTS OR A 11TERS WHICH..COUI IL_MEMBERS
WOULD LIKE PLACED ON A _.FUTURE ; AGENDA ._ DISCUSSION, ACTION OR
REPORT (NON- DI_SCUS_SION ITEM):
Council Member Daigle announced the
March 21 at Newport Mesa Church.
Council Member Gardner announced the WaE4V
March 5 at the Central Libra She indicated 1
District (BID) will host a discu March 3 r
on how to make your house greew held on
p.m. at the Environmental Nature enter ;` 4% .,,
for Julian evetto be held at 3:00 p.m. on
seminar to be held at 6:00 p.m. on Thursday,
the Corona del Mar Business Improvement
ding parking and announced that a workshop
i*4ay, February 28, from 10:00 a.m. to 12:00
Council Member Webb expressed hik gratit de to er Bill for trapping and removing three
raccoons from Balboa lgland.
Council Mem Henn requested that y Attorney Hunt provide an analysis of whether the group
homes ordinan&pn be amended to pre t, in their entirety, any parolee and/or probationer from
residing in group �ge�so . n Newpo , .Beach.
M ro To - ry dcussed graffiti removal and requested staff to find a better way to provide
ie graffiti remov -hone ?`umber to the public.
.,
Ma or Selich discussed his 'eeting with Mayor Chen Chu of Kaohsiung, Taiwan. He also
ariunced that the Cty Hall and Park Committee will meet at 5:30 p.m. on February 24.
CONSOW CALEN<AR
A. RE NBC tbF MI_NUTE_S/ORDINANCES AND RESOLUTIONS
1. INUTES OF THE ADJOURNED REGULAR MEETING OF FEBRUARY 10,
2009, AND REGULAR MEETING OF FEBRUARY 10, 2009. (100 -20091 Waive
reading of subject minutes, approve as written and order filed.
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 ADOPTION
S. AVIS RENTAL CAR FACILITY (PA 2008 -124) - 4200 CAMPUS DRIVE (CODE
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City of Newport Beach
City Council Minutes
February 24, 2009
AMENDMENT NO. CA2008 -002). [100 -20091 Adopt Ordinance No. 2009 -7
approving Code Amendment No. CA2008 -002 which would apply the Interim Study
(IS) Overlay to the subject property revising District Map No. 35.
C. RESOLUTIONS FOR ADOPTION
4. ACCEPTING AN OFFER TO DEDICATE (OTD) A PUBLIC ACCESS
EASEMENT- 701 -707 LIDO PARK DRIVE. [100 -20091 Adopt Resolution No.
2009 -7 accepting the easement securing public access at 701 -707 Lido Park Drive.
5. STATE PENALTY SURCHARGE ON P KING CITATIONS. [100 -2009]
Adopt Resolution No. 2009 -8 increasing th IOpariing penalty surcharge imposed by
the State on parking violations by $100'
D. CONTRACTS AND AGREEMENTS
6. CITY HALL AND PARK GE 4 ECHNICAL SE ICES (C4150) -APPROVAL
OF PROFESSIONAL ,SERVICES AGREE WITH LEIGHTON
CONSULTING, INC [38/1001, 91 Approve t Professional Services
Agreement with Leigh i Consulting, Inc. of Irvine, tq provide geotechnical
exploration and cons ultinrvices at a not to exceed`uprice of $62,674, and
authorize the Mayor and City erk to execute the agreement.
7. ASPHALT RE S (C -4015) -`;)APPROVAL OF AMENDMENT NO. 1 TO
PROFESSION CES AGREEMENT WITH OLIVER MAHON
ASPHALT, INC. [3 p
9 A " e Amendment No. 1 to Professional
J
Services Agree men with Ol'. hon '`sphalt, Inc. for on -call asphalt repair
services, and authori e the vor an v Clerk to execute the amendment.
8.iINDERGROUND U ITY SERVICE REPAIRS (C -3881) - APPROVAL OF
AMENDMENT NO. O PROFESSIONAL SERVICES AGREEMENT WITH
DOTY BROS. CO TRUCTION COMPANY. [381100 -20091 Approve
Aendment,No. 2 to Pro sional Services Agreement with Doty Bros. Construction
Cor-ft.sny for "an ground utility repair services, and authorize the Mayor
,, d Ctty.Clerk to exec the amendment.
9. O %, WELL:,, PUMPING UNITS REPAIRS (C -3986) - APPROVAL OF
A
MENT, NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH
LA OIL TOOL COMPANY. [381100 -20091 Approve Amendment No. 1 with
Lacy pil Tool Company for on -call repair and maintenance services for oil well
pumping units, and authorize the Mayor and City Clerk to execute the agreement.
10. ACA"EPT FIREMAN'S FUND GRANT. [381100 -2009] a) Accept the Fireman's
d Heritage Reward Grant in the amount of $15,788.00 to purchase 127 highway
afety vests and communication equipment for fire apparatus; b) approve a sole
source contract with Galls Uniform Center Inc. with an amount not to exceed
$6,165.00 for the highway safety vests; and c) approve a budget amendment (09BA-
039) increasing revenue estimates by $15,788.00 in 2320 -4914 and appropriating
those funds into Fire Department account 2320- 82007.
11. PURCHASE OF 2009 JUNIOR LIFEGUARD PROGRAM UNIFORMS (C-
4151). 1381100 -20091 Award the 2009 City of Newport Beach Junior Lifeguard
Program uniform contract to Hurley, for the total cost of $171,750 plus tax.
E. MISCELLANEOUS
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City Council Minutes
February 24, 2009
)III.
GXVA
XVIII.
12. AMENDMENT TO COUNCIL POLICY B -17 (PARKS, FACILITIES, AND
RECREATION PROGRAM DONATIONS). 1100 -20091 Amend City Council
Policy B -17 - Parks, Facilities, and Recreation Program Donations.
S22. LETTER REGARDING WATER QUALITY TESTING. [100 -20091 Authorize
Council Member Gardner to sign and distribute a letter to other cities, the County,
and the California Regional Water Quality Control Board (Santa Ana Region)
regarding recreational water quality testing.
Motion—by—Counc_.il Member_ Rosansky to approve tlie0onsent Calendar
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council
Selich, Council Member Webb, C(
ITEMa REMOVED -FROM. THE
ORAL REPORTS FROM_CITY
sky, Mayor Pro Tem Curry, Mayor
ber dner, Council Member Daigle
Council Member Daigle discussed the Cifgn; -, "Anaheim's presentation ofAhe Anaheim Regional
Transportation Intermodal Center (ARTIC) 'r'€Saderings and proposed transportation alternatives -
She encouraged Newport Beach and Costa MesaTo,,continue monitoring the proposal and how it may
affect both cities.
y T.
gi
Council Member Henn reported onthe 88%4% Develop @ent Committee (EDC) meeting where the
Banning Ranch Conservancy issue was a _iced. He %ndicated that Environmental Quality
Assurance Committee (EQAC) memgers we chosereview the Marina Park Environmental
Impact Report an,�,1£Ii the committee i esearching a possibility of banning leaf blowers and
restricting smo flg in pg blic areas. so reported that a group homes use permit hearing was
held on Feb ary 12 for Ocean Re ;very's two facilities. He announced that the hearing
officer approv�° a fae4lity at 1601 W. Balboa with a bed count reduction from 16 to 14, and
continued the he g�I115 W. Bal a for six months to allow the operator to operate in
a red H o indieatetl t tat;,at cup homes use permit hearing for Yellowstone Recovery
w e don ary He reported ` t the hearing officer agreed with staffs recommendation to
ose two of the f faciht@a associated with Yellowstone Recovery and to approve the continuation
of two locations redu "cad, bed counts. He assured everyone that the City is enforcing the
tement and clos of group homes that have not received their use permit by February 23 and
t emaining group3lomes will be better disbursed throughout the City -
Mayor Tem Cu reported that the Finance Committee will meet on February 26 at 12:30 p.m.
to discuss., Irma a benchmarking initiatives and financial alternatives related to the OASIS
Senior Cente
Without objection, Mayor Selich requested that this item be heard prior to considering the Public
Hearings.
21. PROPOSED ASSESSMENT DISTRICT NO. 87 ( BALBOA ISLAND) - AREA
GENERALLY BOUNDED BY BAY FRONT NORTH AND SOUTH AND BALBOA
ISLAND WEST OF COLLINS ISLE AND EAST OF GRAND CANAL. [891100 -20091
Public Works Director Badum discussed proposed Assessment District No. 87 and
introduced the City Assessment Engineer.
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City Council Minutes
February 24, 2009
City Assessment Engineer Cox provided a PowerPoint presentation on the description of the
District, improvements to be funded, costs related to the District, the basis for the
assessment, legal formation procedures, and construction timing.
In response to Council's questions, City Assessment Engineer Cox indicated that the ballots
will be mailed in a Newport Beach envelope via First class regular mail, at least 45 days
prior to the public hearing on April 28. She indicated that the ballots will be due by the end
of the public hearing and that a completed tabulation will be conducted by the end of the
meeting. i
Mayor Selich opened the public hearing.
Bob Meaffrey believed that the proposal is
Gary Cohen expressed concern about
improvements would be overpriced.
Penny Knox believed that the
Island residents.
felt that the project should be re -bid.
and felt that the aesthetic
District will cause 1kancial hardship for Balboa
Harlem Harms believed that the pr 0"J'6ft would increase property val"u"es.
Michael Smith believed hat there should not be a difference in property values between
Balboa Island and Little oa Island
1,.
Fred Selby felt that there isa man rom the cii izena to bring the project to a vote.
A�
Ben Lillegraven believed tt the st o ergrounding the utilities would create a
financial bara ip. „v
the
felt that tbWke had not been enough meetings to discuss the elements of
will increase if the project is delayed and felt that the
-ty values.
Randy Se expiY ed concern over the cost of the improvements.
Rick Rawlin elieved at Balboa Island residents should vote on the improvements.
Stewart ilieved that Balboa Island residents would be able to afford the improvements.
lion ra believed that undergrounding the utilities would create a safer environment
and a ue to the properties.
Larry Calister felt that Balboa Island residents should vote on the improvements.
Dolores Otting believed that the project would be costly and expressed concern about
potential power outages.
Dotty Harmson expressed concern over the safety of existing utility poles on the Island in
the event of an earthquake.
Bill Deaton believed that a general enhancement of property value does not constitute a
special benefit.
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City of Newport Beach
City Council Minutes
February 24, 2009
Lee Hayle felt that utility companies should pay the cost to have the alley to the properties
undergrounded.
Jack Northrop believed that the project should be voted on by the residents.
Bob Cook expressed concern over gridlock on the Island during the four years of
construction.
Jim Maloney expressed concern over the projected completion time for the improvements
and the loss of tourism and tax revenue.
Robin Spencen felt that the utility companies shouldfund the improvements.
Hearing no further testimony, Mayor Selich cl, Oed the „p
ublic hearing.
Council Member Gardner noted that this,; &em was brouglft;forward by the residents.
In response to Council questions City Assement Engineer ffa indicated that ballots will
be sent to the individuals who am” Name n the property tax Public Works Director
Badum discussed the proposed'- 'struction phases durin ,R. the undergrounding
improvements and pointed out that s were opened in November and are fixed for the
entire period of the project. He confirme ` hat interest rates on the bonds were also fixed.
Regarding Council's querf ( ative to the zty s vote, City Manager Bludau indicated that
he would need Council di'ctio' ow to vote on this assessment since he casts the City's
vote. After discussion, Coun�il unam agree3that the City should abstain from voting.
Council Me Rosansky believed at the re'�lents would be pleased with the outcome of
the proJe,; one completed. Member Webb indicated that Council approval of the
resolutions allos residents to to on the assessment and provides Council with direction.
Motion' ,. Concil Member sansk to a) adopt Resolution No. 2009 -11 adopting a
map sho `tQposed bo' daries of, and making appointments for proposed
'' �ent tact No 87'i Resolution No. 2009 -12 declaring intention to order the
constr m—tion of ;' . tain improve' ents in proposed Assessment District No. 87, declaring the
improve is t %of special benefit, describing the district to be assessed to pay the costs
and ex pen thereoroviding for the issuance bonds, and to designate the area an
Undergroun Utilities istrict; and c) adopt Resolution No. 2009 -13 giving preliminary
approval to t e Report of the Assessment Engineer for Assessment District No. 87, setting
the time an - place for a public hearing as April 28, 2009, and ordering the initiation of
essment allot Procedures; and d) approve the City's abstention from voting in the
Asment istrict No. 87 election.
The mo carried by the following roll call vote:
Ayes: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor
Selich, Council Member Daigle, Council Member Rosansky, Council Member Henn
Mayor Selich recessed the meeting at 8:45 p.m. and reconvened the meeting at 9:00 p.m.
with all members of Council in attendance.
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City of Newport Beach
City Council Minutes
February 24, 2009
XV. PUBLIC_HEAR_INGS
13. ANNUAL REPORTS OF DEVELOPMENT AGREEMENT FOR PACIFIC VIEW
MEMORIAL PARK (PA2006 -282) AND NORTH NEWPORT CENTER (PA2007 -151).
[100 -2009)
Mayor Selich opened the public hearing. Hearing no testimony, Mayor Selich closed the
public hearing.
Motion. by Council. Member. Webb to a) find th he applicants have demonstrated good
faith compliance with the terms of their develop Jent agreements; and b) receive and file
Annual Reports of Development Agreements ltir l i 'fie View Memorial Park (Attachment
No. 1) and North Newport Center (Attachmt No. 2)' =_:._
The motion carried by the following rocall vote:
Ayes: Council Member Henn, Council N_6mber Rosansky, Mater Pro Tem Curry, Mayor
Selich, Council Member W 4, C%ni 1cil Member Gardner, 0 Member Daigle
14. HYATT REGENCY NEWPORT`~ EACH EXPANSION (PA2005 -212) - 1107
JAMBOREE ROAD ^. CERTIFICA N OF FINAL ENVIRONMENTAL IMPACT
REPORT, PARCEL MAP NO. -m, USE PERMIT NO. 2005 -046,
MODIFICATION PER f1'F 007- 095 "'' TD DEVELOPMENT AGREEMENT NO.
2005 -002 - THE PR( JS IMESIfUE DEVELOPMENT AND HOTEL
EXPANSION WOULD I CLUDE'' DITION OF 88 TIMESHARE UNITS, A
NEW 800 -SEAT BALLRO M F I W 10,072 SQUARE FOOT SPA AND
FITNESS H% TER, AND A NEW TWO -LE PARKING GARAGE. [100 -2009]
Cora Newma4' Government Solutions, representing the applicant, introduced the
HyatEtignsultats who would adNE ss the concerns brought forth in a letter from the City of
Irvine She §be hat all of t issues have been adequately addressed in the conditions
- ,#pproval tetega't _. Environmental Impact Report (EIR), and the detailed
Idoo respor:to contents drafte4 he EIR.
In respon to Cni ,I questions, Ms. Newman indicated that she met with Stop Polluting
Our Newpoik (SPON nd the Back Bay Naturalists, and noted the applicant's willingness
to move Tini� share One away from the wetlands to create a 100 foot buffer. She indicated
that Dennis faker, Back Bay Naturalists, communicated that they do not have an issue
with the proj'ct.
sn
JuyCav augh, Government Solutions, provided a PowerPoint presentation on the site
ntified the locations of the proposed and existing buildings. She indicated that
ne had been moved 15 feet to the south to allow for the 100 foot buffer between
the structure and the wetlands. Ms. Newman responded to Council questions regarding
open space and allowable Floor Area Ratios (FAR).
Ron Sakahara, Lee and Sakahara Architects, provided a PowerPoint presentation of the
view simulations over. He responded to Council questions regarding the difference between
sodium lights and metal alloy lights, and addressed the lighting issues stated in the letter
from the City of Irvine.
Tony Bomkamp, Senior Biologist with Glen Lukos and Associates, provided information
regarding fuel modifications, Environmentally Safe Habitat Areas (ESHA), and biology
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City of Newport Beach
City Council Minutes
February 24, 2009
issues; and responded to the concerns addressed in a letter from Robb Hamilton of SPON
Scott Eckardt, Dudek, provided a PowerPoint presentation of the fire protection plan
and proposed fuel modification plan. He indicated that there are enhanced structural
hardening characteristics, in addition to the fuel modification zone plan, to address radiant
heat and ember exposure of the buildings in the event of a wildfire. He indicated that
maintenance of the fuel modification zone will be conducted twice annually.
Cal Woolsey, Fuscoe Engineering, Inc., provided a rep rt on water quality management
and responded to Council questions regarding storm nt ains and mitigation measures to
control storm water run -off. ,o
Associate Planner Murillo introduced the City' ' onsultants, JoAnn Hadfield and Nicole
Vermilion of the Planning Center, and David ow'the 1BI Group.
JoAnn Hadfield, Planning Center, addre§ts`ed several issuhl raised in the City of Irvine letter
and believed that the EIR comprehensive defined the tj N'ect self and analyzed the
projects impacts. Further, she believed th_ the EIR fully s iates and defends that
impacts are less than significantf pwith th ` xception of constrlated noise_
Nicole Vermilion, Planning Center; `giovided a presentation on air quality, traffic, and
construction noise. y
David Chow, traffic con �t with the B1`�xoup, provided a report on traffic and parking
impact issues, and indicaf d ihl_ impacted rsections would be fully mitigated.
Susan Hori, Mannatt, Phelps, and P . p , 'evhat all of the studies were conducted in
accordance with the City's a' roved ethodo and thresholds. She believed that the EIR
adequate ,}}y ad ifies the con aised in the City of Irvine's letter to be insignificant and
immit g,�ble. �
Mayor Mich o ned the public hioring.
am l "ton SPO' blift,94,1tliat the fuel modification zone may have ramifications on
the E boui caries.
Jan Vande cot, SN, requested that the City require a 100 foot buffer for the ESHA and
felt that the' SHA waR�ot properly delineated.
Dolores Ott' believed that Mr. Vandersloot's comments regarding the ESHA, buffer zone,
d the fuel odification zone were accurate.
Jos oh y believed that the expansion would not be favorable to the City or the Hyatt,
and fe t the elevation of the buildings should be decreased.
Jeanette Artenian expressed concern relative to traffic and noise levels; and questioned if
the height of the parking structure would obstruct her view of the water.
Kim Severini, Newport Beach Conference and Visitor Bureau Marketing Vice President,
expressed support for the project and believed that the City needs more meeting space to
attract conferences and businesses to the City.
Gay Morris, Sea Island resident, expressed concern relative to her quality of life, noise,
traffic, and property value. She also questioned the view simulations.
Richard Luehrs, President and Chief Executive Officer of the Newport Beach Chamber of
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February 24, 2009
XVI.
Commerce, expressed support for the project and believed that it would have a significant
positive economic value.
Hearing no further testimony, Mayor Selich closed the public hearing.
Mayor Selich believed that the EIR adequately addressed all of the issues raised in the
letter from the City of Irvine.
Regarding Council Member Gardner's concern about Eno' eHyatt Regency Newport Beach
General Manager Devitt indicated that the proposed room is located farther down and
o
closer to Back Bay Drive and that sound proofing w enhanced.
Council Member Gardner also expressed
the height of the proposed tower be reds
that he could not support the height reds
tower is a nice architectural addition to
the Planning Commission.
Mayor Pro Tern Curry expressed his
page letter from the City of Irvine fa
the completed project will be a great
been sensitive in addresng lighting,
conced"I% out open space and recommended that
ice x. y fiv t. Council Member Webb indicated
tefi'on of the ti '- r. Mayor Selich believed that the
:he project and ` orts the tower as approved by
eciation for SPON's co is and felt that the 41
to raise any issues of sub ance. He believed that
�t to the community and that the developers have
:ie and noise concerns.
Motion Council to a) fdopt Resolution No. 2009 -9 (Attachment 1)
certifying the Final Environmen Jpi pact Rej% (SCH. No. 2006121052) and adopting a
Mitigation Monitoring aid Report rograi b) adopt Resolution No. 2009 -10
(Attachment 2) adopting a tatement of ing Considerations and approving Parcel
Map No. 2QQ 3, Use PermiNo_2005 -046, an Modification Permit No. 2007 -095, subject
to the fife s ;'and conditio - 'and c) introduce Ordinance No. 2009 -8 (Attachment 3)
approving Devepment Agreennt No. 2005 -002, and pass to second reading on March 10,
otiori���xl"iddliy3'bollowin; roll call vote:
Ayes: cil ber Henn Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Seh Coun ember Webb, Council Member Gardner, Council Member Daigle
O AAJISANCE ABATEMENT ORDINANCE TO PROVIDE FOR
ATTORNEYS' FEES AND COSTS IN NUISANCE ABATEMENT
opened the public hearing. Hearing no testimony, Mayor Selich closed the
Motiozeby.._Council Member_ Gardner to introduce Ordinance No. 2009.9 amending
Section 10.50.160 of the Municipal Code, and pass to second reading on March 10, 2009.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Mayor Pro Tern Curry, Council Member Webb, Mayor
Selich, Council Member Daigle, Council Member Rosansky, Council Member Henn
PUBLIC. COMMENTS
Tom Billings, Protect Our Parks (POP), expressed concern regarding the forward progress of Marina
Park, removal of the mobile homes, and the budget and planning for the interim park. He requested
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February 24, 2009
XVII.
that the Marina Park Advisory Committee's monthly meetings be reinstated. Council Member
Henn recommended, and Mayor Selich concurred, that a Marina Park Advisory Committee meeting
be held to update the public on the progression of the project.
Captain Norris Tapp expressed concern regarding the establishment of a Marine Reserve in Orange
County that will not allow fishing and recreational take or consumption from the ocean. Council
Member Daigle commented that the stakeholder groups are currently developing proposals and will
receive external proposals between June and July. Council Member Henn indicated that neither the
Council nor the City has taken a position on the idea of closing_off fishing from the jetty to Dana
Point, and believed that this may potentially have a large in -et on all of the users of Newport
Harbor, and that he would not vote for such a ban unless i'Vi; clearly supported by hard scientific
evidence ust
1 ifying it. ._
Dolores Otting expressed her appreciation for
for reporting items discussed in Closed Session.
16. PLANNING COMMISSION
Planning Director Lepo reported on tb
Development Permit for 494 - 498 Se
for 16 Bay Island to exc the height
by the Zoning Administr - ,.
XVIII. CONTINUED.BUSINESS
XIX.
Without objection, Moor Selich
items on the agenda and
FEBRUARY 19, 2419. (100 -20091
wing items: a) approval of a Coastal Residential
Road; b) approval of a Conditional Use Permit
24 feet; and c) appeal of parcel map approved
and 19 be considered together.
17. EXCESO "GENI ,RAL LIABIL ft INSURANCE RENEWALS. 1100-20091
18. PRO&,ftTY INSURANCE PR GRAM RENEWAL. (100 -20091
Mika, ,
19.�SS� BEN„ TION (WC) INSURANCE RENEWAL. f]00 -20091
Risk Ma er y provided an update on the property insurance renewal and reported a
savings o early 000 in premiums. In response to Council questions, Risk Manager
Farley iden ed the ng of Safety National and provided a comparison of the premiums.
Motion__by &until Member Rosan" sky to a) approve the renewal of the excess general
ability ins u nce coverage for a one -year policy for $577,189 in premium; b) approve the
ewal of the property insurance program with a total premium of $661,021 for a total
ins d vae of $144,077.105; and c) approve the renewal of the excess workers
comp coverage for at twelve -month policy with a Self- Insured Retention (SIR) of $1
million wttth statutory coverage limits and premiums as outlined in the staff report.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
CURRENT BUSINESS
20. UNSCHEDULED VACANCY ON THE PARKS, BEACHES AND RECREATION
COMMISSION. f100 -2009]
Volume 59 - Page 97
City of Newport Beach
City Council Minutes
February 24, 2009
With Council Member Henn, Council Member Gardner, and Mayor Pro Tem Curry voting
for Ron Cole and the remaining voting for Thomas Anderson, Thomas Anderson was
appointed to fill the vacancy on the Parks, Beaches, and Recreation Commission, which was
created as a result of the resignation of Cristine Trapp.
XX. MOTION FOR_RECO.NS. ID_E_RATION . None
XXI. ADJOURNMENT - At 11:21 p.m. in memory of Newport Beach resident and Deputy City
Attorney Donna Bigi.
The agenda for the Regular Meeting was posted on l Fe }ruary 18, 2008 at 2:50 p.m on the
City Hall Bulletin Board located outside of the C iof Newport Beach Administration
Building. The supplemental agenda for the Regu eeting was posted on February 20,
2008 at 3:30 p.m. on the City Hall Bulletin Bo locd outside of the City of Newport
R6..
Volume 59 - Page 98