HomeMy WebLinkAbout01 - 01- Minutes - 8-9-11, 8-10-11, 8-18-11"RECEIVED A:'Tcft AGENDA
City of Newport Beach PRINTED : "
City Council Minutes
August 9, 2011
Tom Lally spoke in opposition to the Mariner's Pointe development proposal.
John Sturgess spoke in support of the Mariner's Pointe development proposal. Amended
Jack Geerlings spoke in opposition to the Mariner's Pointe development proposal
Jason Uyarkian spoke in support to the Mariner's Pointe development proposal.
Michelle Ludante spoke in support to the Mariner's Pointe development proposal
Hearing no further testimony. Mayor Henn closed the public hearing.
Community Development Director Brandt clarified thm. any restaurant within the
development will require Conditional Use Permits and an Operator's License.
Council Member Selich stated that he appealed this project to Council and believed that
the applicant has done a good job of addressing i;he concerns that were raised by the
Planning Commission with regard to size and parking management- He stated that
approval of this project would set the standard 1'or development along Mariner's Mile and
suggested amendments to the Conditions of Approval to ensure the quality of the
architecture and landscaping plan.
muuun oy �ounce memoer �eucn, seconneu by council Member Curry to a) adopt
Resolution No. 2011 -86 approving the revised project by 1) adopting the Mitigated
Negative Declaration, including the Mitigation Monitoring and Reporting Program, 2)
finding that, based on the weight of the evidence in the administrative record, including
Traffic Study No. TS2011 -001, that tl:o Project complies with the Traffic Phasing
Ordinance (TPO), and 3) approving General Plan Amendment No. GP2010 -009, Site
Development; Review No. SR2010 -001.. Conditional Use Permit No. 2010 -024, Variance No.
2010 -004, and Parcel Nlap No. 2010 -008, subject to findings and conditions; and b)
introduce Ordinance Na. 2011.22 approving Code Amendment No. CA2010 -009, and pass
to second reading for adoption em September 13, 2011.
Mayor Pro Tem Garner stated her belief that the development as proposed was too
massive for the area.
Council Member Hill stated that the project was not too big for the site and believed that
the Mariner's Mile area will slowly begin to transition from rural to a more urban setting.
He noted that the project is scaled into the bluff, which masks the massing, and that the
conditions placed on the project will allow the City to monitor adverse impacts. He
Amended believed that the project will actually reduce current noise levels for the residents living
above Coast Highway and indicated that he liked the reduced size and scale of the project.
Council Member Curry noted that there have been substantial mitigations submitted with
the project and that any restaurant in the project can be conditioned through the permit
process. He emphasized that if Council is serious about economic revitalization, they need
to begin now by approving projects such as this one.
Council Member Daigle stated the General Plan was an important issue in 2006 and that
Council needs to keep its promises and parameters set during that process. She stated that
she would prefer the project to return to the Planning Commission and be developed
within the .5 Floor Area Ratio (FAR) and existing height. limits. She noted that she is not
Volume 60 - Page 230
Agenda Item No. 1
September 13, 2011
i 0 �l A A5 [
City Council Minutes
City Council Study Session
August 9, 2011 — 4:00 p.m.
I. ROLL CALL �/X
Present: Council Member Hill, Council Member Rosansky, Mayor Pr 7'em Gardner, Mayor Henn, Council
Member Selich, Council Member Curry, Council Member;
`l
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
In response to Mayor Henn's question i
Community Development Director Brandt sl
property, which would overlap if both were
were reviewed by the Planning Commis;
Planning Commission meeting of Gcto er
recommendations after reviewing thec �proj
Community Text, to which both applicant
will work with both applicants to assist
differences between them; .and notentiah
proceed with allowai
2. ORANGE CC
55 /NEWPORT
City
Petros, LSA
introduced project cc
history; ..the current
project team is uti
upcoming study and
to the varioa-Lmec
other
SPORTA
TRAFFIC
and other
arding Item 8 (Planning Commission Agenda),
'd that they received two applications for the same
p oved and built as submitted. Both submissions
on August 4 and subsequently continued to the
The Planning Commission and staff made several
including tle,potential for an alternative Planned
r`eaa enable. " e noted that in the interim, staff
with modify ttheir'-proposala in order to resolve the
y come to a resolution where both applications could
'ct5ve proposal.
TIGN AUTHORITY (OCTA) UPDATE ON SR-
STUDY. [100 -20111
ta$f- ieport and reported that he has attended all the
public gatherings related to the project.
;es, consultant to OCTA for the SR -55 /Newport Boulevard Traffic Study,
res from4QCTA and presented a PowerPoint presentation to discuss the
s of the project, outreach goals, and next steps. He reported that the
various methods to inform residents and the public regarding the
ct. Mayor Henn suggested that the project team also conduct outreach
associations.
Mr. Petros stated'tWthat the four alternatives that would be evaluated in the study were to 1)
keep the existing system without any change; 2) implement transportation system management
techniques; 3) do more aggressive techniques, including fixes at the two ends through the use of
flyovers and grading; and 4) separate the two primary purposes through the corridor utilizing cut
and cover systems. He discussed the Caltrans broad -based environmental review [Project
Development Support (PDS)] and stated that the project is not at the point where CEQA
environmental evaluations are required.
Jim Mosher inquired as to whether one of the alternatives will be the final solution or if there are
temporary solutions until Caltrans finds the funding to extend the freeway. He also discussed
Charter Section 422. City Traffic Engineer Brine noted that the goal of the original study was to
look at alternatives to the freeway extension.
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City of Newport Beach
City Council Study Session
August 9, 2011
CIVIC CENTER UPDATE (C11527). [381100 -2011]
Public Works Director Badum utilized a PowerPoint presentation to discuss where the project is,
the library extension, contingencies, project phasing and fund balances, potential unanticipated
contingency items, change orders, value engineering, the project schedule, and construction to
date.
Council Member Hill expressed his support for the contractor, CW Driver, and noted their
diligence in managing funding for the project. t
1'%
William Hahn, CW Driver, explained that they have received about 300 Requests for Information
(RFI), which is not an excessive amount given the complexity di' the project: He clarified that a
change order would be issued if a significant change in the project design occurs that would result
in additional costs. He further indicated that CW Driverl'as instituted construction management
methodologies, such as frequent meetings with internal staff and subcontractors, and creativity in
terms of resequencing construction in order to retain the schedule as originally approved.
In response to Jim Mosher's question,
Committee consists of Council Members
III. PUBLIC COMMENTS
City Attorney Hunt clarified that the cas'e`m
Newport Beach) should be OCSC Case No. 304
Regarding the Closed Session agenda, Jim Mosl
Recovery, announcing the final parcel price for 1
new City Attorney more transpaeut, and requv
Attorney Hunt reiterated his statement from p
>ManagerjKiff indicated that,'the Council Building
h' .Rosansky, and Hill.
r for Closed Session Item AA (MORN u. City o[
00447004.
IN, the litigation with Morningside
taring, par roperty, making the recruitment for the
hP new City Attorney to live in Newport Beach. City
us meetings that the Marina Park property is under
negotiations so it is appropriate totidiscuss the item during Closed Session. He also noted that the City
cannot require the City Attorney toilive in Newport Beach.
IV. ADJOURNMENT �4;47•p.m `, r
The agendafvr the Studs Session was posted-on August 4, 2011, at 3:25 p.m. on the City Hall
Bulletin Board located outside of tli'e,City of Newport Beach Administration Building.
�JI
` IiTJ
City Clerk
Recording Secretary
Mayor
Volume 60 - Page 221
00 ME MRIMINA01 WD) A
City Council Minutes
City Council Regular Meeting
August 9, 2011 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION
I:11
C.
l unlerenue wlbn Legal l uuan el - L` x15une Li- uluauull tVuyernment Bone Q o4yoo.9
La]l: Five matters: f J ` t
1. Status report of pending litig ti n. Weiwill report on atiglobal basis on all
pending litigation involving the City. This is an informational'`item only. No
action, however, may be taken oii an`y item unless it is specifically noticed below.
�x
2. Pacific Shores v. Newport Beach, U:S; District Court Case No. SACV 08 -00457
AG (PLAx); U.S. Court eals for the Ninth Circuit Case No. 11 -55460
3. Newport Coast Recouery and� * Yellowstone\Recouery o. City of Newport
Beach, U.S. District Court Case` `SACV 09` (1701 -DOC (ANx); U.S. Court of
Appeals for the Ninth Circuit Case No l" +5,5461 `.%
4. MORN u.� -ity,of Newport Be, l OCSC Case o.30-0211-00447004
5.
01111
�1. Potential'in
comply witE
2: Potential in
'\ ,terms of its
Newport Beach, Orange County Superior Court Case No. 30-
(-Counsel - ..Anticipated Litigation - Initiation of Litigation
1956.9 c : Three matters:
in of litigation against Morningside Recovery, LLC for failure to
of litigation against Pacific Shores Recovery in order to enforce
ible accommodation and abate violations of the Newport Beach
3. Poteikial.i'nitiation of litigation against Yellowstone Recovery in order to abate
violations of the Newport Beach Municipal Code.
Conference with Real Property Negotiator (Government Code 6 54956.8): One
matter:
Prooerty: Marina Park Mobile Home Park, 1770 W. Balboa Blvd., Newport Beach
City Negotiator: Dave Webb, City Engineer
Negotiating Parties: Curtis Fossum State Lands Commission
Under Negotiation: Price, terms of payment or both with respect to resolution of boundary
dispute between Tidelands and Uplands
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City of Newport Beach
City Council Minutes
August 9, 2011
D. Conference with Labor Negotiators (Government Code S 54957.6):
Agency Designated Representatives: Dave Ki£f, City Manager; Dana Smith, Assistant City
Manager; Terri Cassidy, Human Resources Director
Emolovee Organization: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (ANBOL); Lifeguard Management Association (LMA); Fire Beach Fire
Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA);
Police Management Association (PMA); Police Employees' Association (PEA); and Fire
Management Association (F.MA); City Employees Association (NBCEA); Newport Beach
Professional & Technical Employees Association (NBPTEA); Newport Beach Employees
League (NBEL); Newport Beach Part -Time Unit (UPEC, Locar477)
E. Public Employee Performance Evaluation (Government Code & 54957(b)(1)): The
City Council will meet in closed session to consider th' ti Appointment, employment,
evaluation of performance, discipline, or dismissal'of one public employee.
Title: City Attorney
1
III. RECESS
IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor,Pro Tem Gardner, Mayor Henn,
Council Member Selich, Council Member,Curry Council`i%'ember .Daigle
VI. CLOSED SESSION REPORT„
City Attorney Hunt announced the following reportable actions:
Regarding Item II.A.0 "pursuhht to a 7 -0 vote, the City Council authorized the defense of
Wedgeworth u. Newport Beach"—'
Regarding;-ltem II.B.1,,.(Morningside Recovery -, LLC), pursuant to a 7 -0 vote, the City Council
authorized the City .Attorney to proceed with code enforcement action against 3403 Via Lido and
3404(Uia Lido to bring both\properties` into full compliance with the Municipal Code.
Regarding ,,item II.B.2 (Pacific Shores Recovery), pursuant to a 7 -0 vote, the City Council
authorized tle-City Attorney'to proceed with code enforcement action against 3309 Pacific Shores
to bring the propibity into full, %compliance with the Municipal Code.
Regarding Item II.B3'(Yell6wstone Recovery), pursuant to a 7 -0 vote, the City Council authorized
the City Attorney to initiate code enforcement action to abate uses at the various addresses.
VII. PLEDGE OF ALLEGIANCE - Council Member Hill
VIII. INVOCATION - Reverend Karl Stuckenberg, Newport Center United Methodist Church
IX. PRESENTATIONS - None
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR
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City of Newport Beach
City Council Minutes
August 9, 2011
REPORT (NON- DISCUSSION ITEM)
Council Member Daigle requested information regarding contracting out services, particularly
parking meter management and street sweeping. She mentioned that a report was prepared for a
recently visiting Chinese delegation, which outlined the efficiencies and outcomes of contracting
out such services.
Mayor Pro Tem Gardner received confirmation that Council did not want to schedule a Study
Session to discuss various intersections reviewed by the Bicycle Safety „Committee, but that the
item will be brought back during a regular meeting. r
Mayor Henn announced that there will be no second meeting, ri August and stated that he
.attended the grand opening of the Chase Bank in the newly`ra- modeled Landmark Shopping
Center. He also mentioned upcoming meetings for the Nei ghborho6&,Revitalization Committee,
July 4th Committee, Santa Ana Heights Citizens Advisory Committee„ Tidelands Management
Committee, Balboa Village Citizens Advisory Committee; and a special meeting of the City Council
in order to receive information regarding upcoming labur neg6,,tiations.
XII. CONSENT CALENDAR
A. READING OF M
1. MINUTES FOR THE SPECIAL MEETING AND REGULAR MEETING OF
JULY 26, 2011. [100-' 01,11_` Waive reading -,of subject minutes, approve as.
written, and order filed.
2. READING OF.ORDIN_ANrES AND RESOLUTIONS. Waive reading in full of
all ordinances,imd resolutions under consideration, and direct City Clerk to read
by title only pursuant to Char£er'Section 412.
B. ORDINANCE FOR ADOPTION
3. DEVELOPMENT-AGREEMENT, NO. 2010 -001 BETWEEN THE CITY OF
NEWPORT\BEACH AND MORNiNGSIDE RECOVERY, LLC (PA2011 -107).
[68 /100- 2011P, Conduct second reading and adopt Ordinance No. 2011 -20
�~ terminating,Develapment Agreement No. 2010 -001 between the City of Newport
Beach and M \rningsi"d'e Recovery, LLC.
C. CONTRACTS ANDS #AGREEMENTS
4. `CITY HALRAND LIMITED OFF -SITE HOLIDAY CLOSURE (DECEMBER
24X2011 THROUGH JANUARY 2, 2012) (C -2051, C -2056, C -2058, C -2059, C-
2060�-•C -2065, C -2932, C- 2946). [381100 -2011] Approve closing the City Hall
complex'' -aird provide limited City services at off -site facilities beginning Saturday,
Deceml er 24, 2011 through and including Monday, January 2, 2012 (the proposed
City Hall closure does not apply to public safety or other essential functions that
provide necessary municipal services).
LOWER BUCK GULLY RESTORATION PROJECT - AWARD OF
CONTRACT NO. 3780. [381100 -20111 a) Approve the project drawings and
specifications; b) award Contract No. 3780 to Environmental Construction, Inc. for
the total bid price of $1,188,558.36, and authorize the Mayor and the City Clerk to
execute the contract; and c) establish a contingency of $181,441.64 (approximately
15 percent) to cover the cost of unforeseen work.
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City Council Minutes
August 9, 2011
6. REQUEST TO SELL CITY -OWNED PROPERTY IN FRONT OF 412
CARNATION AVENUE (C- 4878). [381100 -2011] a) Conditionally approve the
sale of the City -owned property in front of 412 Carnation Avenue to the property
owner's of 412 and 412%2 Carnation Avenue as described in the agreement for
purchase and sale of real property; and b) authorize the City Manager to execute
the agreement for purchase and sale of real property on behalf of the City.
2010 -2011 SIDEWALK, CURB & GUTTER RECONSTRUCTION PROJECT -
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4561. [381100-
2011] 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; and c) release the Faithful Performance Bond
one year after Council acceptance.
f`
D. MISCELLANEOUS
8. PLANNING COMMISSION AGENDA FOR AUGUST 4,'2011. [100 -20111
Receive and file written report.
9. ENVIRONMENTAL QUALITY • -, AFFAIRS CITIZENS ADVISORY
COMMITTEE (EQAC),APPOINTMENTS AND DIRECTIVE TO REVIEW
THE NEWPORT BANNING RANCH DRAFT ENVIRONMENTAL IMPACT
REPORT. [100 -20111 a) "Confirm Council Member Hill's appointment of Debbie
Stevens as an at -large m6mber- 6f•,the Environmental Quality Affairs Citizens
Advisory Committee; b) confirm Counccil' dmber `Hill's appointment of Barbara
Thibault as the District 3 seat on the Eiiviivnmental Quality Affairs Citizens
Advisory Committee; c) confirm thefMayor''s appointment of Debbie Stevens as the
Chairperson of�'the Environmental Quality Affairs Citizens Advisory Committee;
and d)tdirect the Environmental Quality Affairs Citizens Advisory Committee to
review,.snd submit comments on`�the draft Environmental Impact Report for the
11 Newport Banning,Ranch project.,`,,
_ - -i. ,�'i j
10.- SUPPLEMENTAL L'AW:z;j ENFORCEMENT SERVICES FUND
(SLESFj.'s[I00 =20411 a) Authorize the City of Newport Beach (Police
i Department) to join_?.Orange County's group application for SLESF funding to the
State of California forFY 11/12 and for the Chief of Police to execute on behalf of
l the City any documents- necessary to apply for and accept SLESF funding; and b)
approve Budget Amendment 12BA -004 increasing revenue projections in the
4; SLESF FundiJ 128 -4809, by $100,000, and increasing expenditure appropriations in
t1e.SLESF F, 4nd Salary Reimbursement Account, 1280 -7095, by $100,000.
11. LETTER/jTO COSTA MESA EXPRESSING CONCERNS REGARDING
PROPOSED HELISTOP - 3132 AIRWAY AVENUE, COSTA MESA. [100-
20111 Receive and file.
Regarding Item 11 (Proposed Helistop at 3132 Airway Avenue, Costa Mesa), Council Member
Daigle reported that due to the advocacy by the Costa Mesa Planning Commission and the City
Council, the City was able to obtain a denial for a Costa Mesa project that would have increased
the adverse impacts from a helipad.
City Attorney Hunt announced clerical errors relative to Item 6 (Request to Sell City -Owned
Property in Front of 412 Carnation Avenue) as it relates to the APN number and added language
to the Quitclaim Deed.
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City of Newport Beach
City Council Minutes
August 9, 2011
Peggy Haidl believed that Item 6 impacts her property and that shb would be interested in
purchasing it. Mayor Henn requested that staff contact Ms. Haidl to review her concerns and
discuss available options.
Motion by Mayor Pro Tern Gardner, seconded by Council Member Rosansky to approve_
the Consent Calendar, and noting the amendment to Item 6.
The motion carried by the following roll call vote:
f'�l
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Te"m Gardner, Mayor Henn,
Council Member Selich, Council Member Curry, Council Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR - N_ one `,-t.`
XIV. PUBLIC COMMENTS !j
Barbara Peters expressed concern relative to the Planning Commission' - and Community
Development Director's actions related to 3002 Breakers. ,City Attorney Hunt stated that the two
determinations were made prior to Community Development Director Brandt assu'ning the role as
Director; but were made appropriately and consisten- with the ordinance. Mayor Henn affirmed
t
that City Attorney Hunt and Assistant City At rney Mulvihill were comfortable with the
determination and conclusions made on that issue.
Tim Stoaks and Dr. Gloria Alkire extencl4 -an- nvitation to everyone to attend the September 15
AirFair event and upcoming AirFair meetings. They - indicated tliaMirFair's mission is to educate
the community regarding negative impacts a's`a result of-AVA expansions.
Nancy Laurant- Sanchez spoke in support of continuing the CERT program.
Jim Mosher expressed, concern relative to the ',,termination of the agreement with Morningside
Recovery and noted that the iagreement did not receive Coastal Commission approval. City
Attorney Hunt reported that the.subject_property development is not deemed a development under
the California Cciastal-Act.
Corrine Spence spoke in opposition to potentially contracting out refuse services.
Robin Kohler requested that f he City. Council adopt an ordinance which would ban the sale of dogs
and cats inNewport Beach.
Kelly Sawyer spoke againstjthe sale of dogs and cats through means other than authorized and
certified breeders _
Tomidan Jordan spoke in opposition to the contracting out of City services, including refuse
operations. `
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Hill reported on the Lido Village Citizens Advisory Panel and their work to move
forward with the Lido Village revitalization area. He also mentioned that the Corona del Mar
Citizens Advisory Panel will review the MacArthur Boulevard/Coast Highway'intersection during
its first meeting.
Council Member Rosansky announced that the Council Redistricting Committee will be bringing
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City Council Minutes
August 9, 2011
forward redistricting proposals to Council for review and approval at one of the meetings in
September.
Mayor Pro Tem Gardner stated that Bicycle Safety Committee meetings are held on the second
Monday of each month.
_ Council Member Curry announced the Finance Committee schedule and mentioned that the City
has received positive assessment valuations during all the years of the recession.
XVI. PUBLIC HEARINGS
1
12. NERO PROPERTY AMENDMENTS (PA2011- 061)JJ- 105 16TH STREET -
. AMENDMENTS TO THE GEjVERAL PLAN, COASTAL, LAND USE PLAN, AND
THE ZONING MAP TO „CHANGE THE DESIGNATIONS OF THE SUBJECT
PROPERTY FROM TWO- UNIT RESIDENTIAL (RT, RT -D`AND R -2) TO MIXED-
USE HORIZONTAL (MU -M, MU -H AND MU- CV /15T`H_, ST) LAND USE
DESIGNATIONS. [100 -2011] ` \`\
Community Development Director Brandt noted that the Planriiiig, Commission
unanimously approved the recommended` - action.. Senior Planner Garcid,,presented the
staff report.and a-PowerPoint.presentation to- discuss the proposed amendment, show'the
vicinity map, and highlight the c & amendment summary.
In response, to Council questions;; Se iibr, Planner Galicia reported that the General Plan
requires abatement of non- residen",, I un`its,'andM noted the.'subject property is similar to the
matter related to the Frog House. en",, fuith`ei poted that, there were about ].5 properties
that would require amendments or extensions to`thc_ abatement. period, and that seven.
properties have not - initiated the proce,s.i. -f
Mayor Henn opened the public hearing.
Morrie Nero, applicant discussed the history of this property and that compliance with the
General- Plan.,wouhd r`egT11, - a,camplete demolition and rebuild of the property.
_ ..
Haring no further testimony, Mayor Henn closed the public hearing.
'.Motion by CouncillMember?Rosanskv. seconded by Council Member Hill to a)-
adopt Resolution No' :;2011' =85 approving General Plan Amendment No. GP2011 -004 and
Local�Coastal Plan m'endment No: LC2011 -003; and b) introduce Ordinance No. 2011 -21
approvirg.,Code Amendment No. CA2011 -007, and pass to second reading for adoption. on
Septembe'rIA -3, 2011. ,
r; '1
The motion caitied by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
13. MARINER'S POINTE (PA2010 -114) - AN APPEAL OF THE PLANNING
COMMISSION'S DECISION TO DENY A GENERAL PLAN AMENDMENT (GPA)
AND RELATED DISCRETIONARY APPLICATIONS TO ACCOMMODATE THE
DEVELOPMENT OF A NEW TWO -STORY COMMERCIAL BUILDING AND A
THREE -STORY PARKING STRUCTURE [SUBSEQUENT TO THE PLANNING
COMMISSION'S ACTION ON THE PROJECT, THE APPLICANT HAS MODIFIED
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August 9, 2011
THE PROJECT REDUCING THE GROSS FLOOR AREA FROM 23,015 SQUARE
FEET (APPROX 0.7 FAR) TO 19,905 SQUARE FEET (APPROX. 0.6 FAR) AND
ELIMINATING THE NEED TO UTILIZE OFF -SITE PARKING]. [100 -20111
Community Development Director Brandt stated that this item would require multiple
actions by Council.. Senior Planner Murillo utilized a PowerPoint presentation to discuss
the existing site conditions, the original proposal, Planning Commission concerns, the
modified project, required applications and approvals, City Council options, neighboring
resident concerns, Planning Commission denial, the appeal. f, project studies, and a
correction to Condition No. 7.
In response to Council questions, Senior Planner Murillo� discussed the roofing scheme,
signage, the Council policy which allows the use of sidewalks for outdoor dining, and the
procedure for the public hearing. He noted that ilrthe development is approved, each
restaurant must request its own Conditional Use,Permit (CUP), and added that other uses
would be limited to operating hours concluding at 11:00 p.m.`lHe also responded to
inquiries related to the architectural design mid various project amenities, and mentioned
the reduction in the number of curb cuts.,, /_'W
Council Member Daigle stated that the approva
development of other properties along Mari e`a
the development's proposed parking scheme ands
parking management plan. `lam
Mayor Henn opened the public hearing.`__'__
Tod Ridgeway, representing the app]
Verdult. �1 1
Eva Verdult„o, er of Mariner's Poi
VBAS sees the projec,') s a major
Council that the y41 1 seek to. obtain
She stated',_tlrat the`d'e<�elopm'ent�woi
She
and
is related to this project will affect the
Mile. She expressed concern regarding
requested additional information on the
owners of VBAS; Glen and Eva
described the proposed development, stated that
ination for residents and visitors, and assured
the finest restaurants and retailers as-tenants.
lso be the site of their flagship jewelry store and
sed hope that the project will be. supported by the
Ridgeway displa},ed a PowerPoint presentation which detailed various aspects of the
>ct, including the changes Based on recommendations from the Planning Commission,
rents, and staff, the reduced overall square footage, the top level parking for valet and
loyees the parking roof which will block noise and light impacts to,the surrounding
hborhoods, and;the reduced restaurant and medical space.
Tod Stoutenbordugh, project architect, continued the PowerPoint presentation and stated
that the project'was developed based on over 1%z years of input and meetings with the City,
residents, Traffic Engineer, landowners, and various other stakeholders. He presented the
scale of the project, the enclosed parking structure, the architectural and design elements
that would mitigate the size and project massing of the project, the striping plan, and the
various heights of the project. He added that the ingress of the building is from the Coast
Highway side and that there is no ingress from the residential side of the project. He
further mentioned that due to the roof enclosure of the parking structure, the parking
structure square footage is now added to the total square footage of the project. He
described the site study analysis and stated that there is no impediment to the water view
for those who live on the bluffs. He further stated that there will be 48 tandem parking
spaces, the project had a thorough parking study, patrons will be self-parking until 4:00
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City Council Minutes
August 9, 2011
p.m. or 5:00 p.m., after which valet service begins, and noted that the tandem spaces on
the upper level were reserved for employees.
Senior Planner Murillo responded regarding the heights that are allowable given sloped
versus flat roofs and the site review process. He indicated that the proposed project is
within the limits allowed by the Municipal Code.
Council Member Daigle inquired whether the developers considered off -site parking for the
project.
Lynn Knight, Sunset Parking, stated that individuals
vehicles after the commencement of valet parking would,
that his company completed a thorough parking magi
self -park and leave their
be towed. He acknowledged
lent study and stated that
appropriate signage would be used as a deterrent. He couch
management study was evaluated based on maxim n parking caf
belief that maximum capacity would be a rariEy for this project.
experience, employees assigned to tander
based upon their job so that getting in /d
mentioned that the City Engineer reviewed
were made. He also noted that conditions
which would require a revised parking ma
tenants participate in the project:
Mr. Ridgeway mentioned the meeting
bicycles, cleaning of the sidewalk, ere
placement of signs. �..
Ned McCune, Chair of the Mariner's
Mariner's Pointe development and the
that the parking
although it is his
stated that in his
elf- assign parking
the parking lot is''not an issue. He
sed parking plan and'several changes
it would be built into the application
plan should additional or alternative
in order to provide options for
ition into the project, and the
Business Association, spoke in support of the
rlization of the area.
Jim Crocenzi spoke'in support of the Mariner's Pointe development proposal.
Maury DeWald,apoke regarding the history of the project, including Caltrans involvement
J
nd the size of the\projeci, " "He believed that the project is too big for the parcel size.
Steven James spoke'en suppoat of the Mariner's Pointe development proposal.
spoke in support of the Mariner's Pointe development proposal.
Cameron'Merage, adjacent commercial property owner, believed that the proposed project
will increase the negative impacts to the community and recommended that Council deny
the project. He submitted a rebuttal response which included the massing of roof
structures and 'setbacks, the blocking of open space views, increased building heights, and
more shadow on the adjacent properties
Albert Hannah spoke in support of the Mariner's Pointe development proposal.
Laura Torbox, adjacent property owner, spoke in opposition to the Mariner's Pointe
development proposal and stated that she would like to see additional mitigations.
David Heartman spoke in support of the Mariner's Pointe development proposal.
Tony Shaw spoke in support of the Mariner's Pointe development proposal.
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City of Newport Beach
City Council Minutes
August 9, 2011
Tom Lally spoke in opposition to the Mariner's Pointe development proposal.
John Sturgess requested additional mitigations and spoke in opposition to the Mariner's
Pointe development proposal.
Jack Geerlings spoke in opposition to the Mariner's Pointe development proposal.
Jason Uyarkian spoke in support to the Mariner's Pointe developrent proposal.
Michelle Ludante spoke in support to the Mariner's Pointe development proposal.
Hearing no further testimony, Mayor Henn closed,th6- public hearing.
Community Development Director Brandt clarified that any`�iestaurant within the
development will require Conditional Use Permits and an Operator ^s -License.
Council Member Selich stated that he appealed this project to Council and believed that
the applicant has done a good job of addressing the concerns that way` raised by the
Planning Commission with regard to size and parking management. He stated that
approval of this project would set the standard for development along Mariner's Mile and
suggested amendments to the ^,Conditions of�Approval to ensure the quality of the
architecture and landscaping plan .�C-I__^
Resolution No. 2011 -86 approvingthe
Negative Declaration „including the\Mi
finding that, basedon4fhe weight of the
Traffic Study ;No. TS2011 -001, that' -I
Ordinance (7 °P,0), and )F3) approving G
Development Review No. SR2010 -001, G
2010 -004, and Paice6lgp —No. 2010 -(
M40
rded by Council Member Curry to a) adopt
ised`;pr oject Eby 1) adopting the Mitigated
do Monitoring and Reporting Program, 2)
fence in the administrative record, including
Project complies with the Traffic Phasing
al Plan Amendment No. GP2010 -009, Site
tional Use Permit No. 2010 -024, Variance No.
subject to findings and conditions; and b)
Code Amendment No. CA2010 -009, and pass
13, 2011.
Mayor Pro Tem Garner stated her belief that the development as proposed was too
massive for the area`.
Council Member Hill',stated that the project was not too big for the site and believed that
the Mariner's Mile area will slowly begin to transition from rural to a more urban setting.
He noted`tbat the project is scaled into the bluff, which masks the massing, and that the
conditions p'lacedron the project will allow the City to monitor adverse impacts. He
believed that residents who live above Coast Highway will learn to live with the noise and
indicated that he liked the reduced size and scale of the project.
Council Member Curry noted that there have been substantial mitigations submitted with
the project and that any restaurant in the project can be conditioned through the permit
process. He emphasized that if Council is serious about economic revitalization, they need
to begin now by approving projects such as this one.
Council Member Daigle stated the General Plan was an important issue in 2006 and that
Council needs to keep its promises and parameters set during that process. She stated that
she would prefer the project to return to the Planning Commission and be developed
within the .5 Floor Area Ratio (FAR) and existing height limits. She noted that she is not
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City of Newport Beach
City Council Minutes
August 9, 2011
in favor of exceeding what the General Plan currently allows.
Council Member Selich suggested modifications to Conditions of Approval Nos. 1, 4, 20 and
21, which would require additional specifications regarding the materials to be used,
colors, window treatments, a detailed landscaping plan (including plant species), and the
heights for the project.
Mr. Ridgeway stated that the amended Conditions of Approval were acceptable.
to a) adopt Resolution No. 2011 -86 approving the revised project by 1) adopting the
Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting
Program, 2) finding that, based on the weight of the evidence -in the administrative record,
p
li
including Traffic Study No. TS2011 -001, that the Project complies with the Traffic Phasing
Ordinance (TPO), and 3). approving General :Pleif✓AmendmenfL, No. GP2010 -009, Site
Development 'Review No. SR2010 -001, Conditional Use Permit No:`2010 -024, Variance No.
2010-004,-.and Parcel Map No. 2010 -D08, subject, to' amended findings- ;and conditions as
proposed; and c) introduce Ordinance-No. 2011:22 approving CodetiAmendment No.
CA2010 -009, and pass to second readingifor adoption on September 13, 20IE
The amended motion carried by the following rollcall vote:
Ayes: Council Member Hill. Counril-Member R sahsky, Mayor Henn, Council Member
Selich, Council Member Curt—,.—,.
Noes: Mayor Pro Tern Gardner, Council Ntembel• Daigle
XVII. CURRENT BUSINESS �\
14. QUARTERLY B.USINI7SS REPORT';(QBR) IYPDATE. [100 -20111
City Manager, -Kiff provided a staff report, stating that support costs for Boards,
Commissions, an d,. Committees were disclosed in the QBR and will be added to all future
reports, ln _addition ?,he --stated'that information will be added to the report based on the
City's-ye r-- nd',closing; numbers. He- indicated that the report will be posted on the City's
Henn expressed support for the addition of the Boards, Commissions, and
ittees costs. an4 pointed out the large amount of staff resources required to support
bodies. He also expressed support for staffs immediate action to pursue the
ition of Coast ",Highway and to explore alternatives to keep the project moving
Public Works "Director Badum discussed various alternatives, including separating parts of
the project to continue the forward progress. He stated that it is clear that the City does
not want to pursue ownership of the bridge over the Back Bay, but requested to be
provided with maintenance and other related costs. He acknowledged that the City must
review all facts related to the various street acquisition projects prior to moving forward.
15. RESPONSE TO THE ORANGE COUNTY GRAND JURY - "COMPENSATION
STUDY OF ORANGE COUNTY CITIES." [100 -20111
City Manager Kiff noted that the City is required to respond to this Grand Jury report.
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City of Newport Beach
City Council Minutes
August 9, 2011
Motion by Mayor Pro Tem Gardner, seconded by Council Member Curry to
authorize the Mayor to send a response to the Presiding Judge.
Jim Mosher expressed concern regarding the availability of public records and contracts
related to compensation, and believed that the City provides disproportionately large
salaries for similar jobs conducted in comparison,cities.
The motion carried by the following roll call vote:
c
Ayes: Council Member Hill, Council Member Rosansky, Mayor N o Tern Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
XVIII. MOTION FOR RECONSIDERATION -None
XIX. ADJOURNMENT - Adjourned at .10:21 p.rrL in m
Murphy, Robert "Bob" Sattler, and Irwin Haydock
The agenda for the Regular Meeting was
City Hall Bulletin Board located outside
Building.
City Clerk
r.1 �
_-- Ma.;v6r
emo.y of former City Manager Kevin
on August 4, 2011, at;3:26 p.m. on the
;ity} of Newport Beach. Administration
Volume 60 - Page 232
1 c�� . � I .'v�� �" ,fir �', �.o , . •1 z
City Council Minutes
City Council Special Meeting
August 10, 2011 — 2:30 p.m.
I. ROLL CALL
Present: Council Member Hill, Mayor Pro Tem Gardner, Mayor
Member Curry, Council Member Daigle
Excused: Council Member Rosansky
II. PUBLIC COMMENTS REGARDING CLOSED SESSION =
III. CLOSED SESSION
A. Conference with Labor Negotiators (Government Cod
Agency Designated Representatives: Dave Kiff, City NIanag
Terri Cassidy, Human Resources Director, and Richard`Krei
Employee Organization: All Labor Associations: Associat
(ANBOL); Lifeguard Management Association (LMA); Ai
(NBFMA); Newport Beach Firefighte s''Assoeiation (NBFA
Police Employees' Association (PEA); `and Pire-'Managem
Association (NBCEA); Newport Beach Professional` &;Tecl
Newport Beach Employees League (NBEL); NewporY`Beach
IV. CLOSED SESSION REPORT - None
f,
V. ADJOURNMENT - 4 :10;p'.m
The agenda for the
Bulletin Board loca
li
City Clerk
Member Selicb, Council
54957.6:
Dana Smith, Assistant City Manager,
r, Special Counsel and Negotiator
of Newport Beach Ocean Lifeguards
Beach Fire Management Association
'olice Management Association (PMA);
t .' Usociation (FMA); City Employees
.al\Einployees Association (NBPTEA);
rt -Time Unit (UPEC, Local 777)
was posted'on August 5, 2011, at 2:00 p.m. on the City Hall
City. of Newport Beach Administration Building.
Recording Secretary
Mayor
Volume 60 - Page 233
°,� �D , � • -fib 11 p
City Council Minutes
City Council Special Meeting
August 18, 2011 — 3:15 p.m:
I. ROLL CALL
Present: Council Member Hill, Mayor Pro Tem Gardner, Council Member Selich, Council
Member Daigle ti
r,' 1r.
Excused: Council Member Rosansky, Mayor Henn, Council Member'Cuny
Council Member Rosansky arrived at 3:30 p.m.'r r
II.
Jim Mosher questioned how long Closed Session deliberations might take and expressed
concern that the proposed agreement was not available for, review.
III. CLOSED SESSION - 3:20 p.m
A. Public Employee Personnel Matters (Government Code & 54957(b)(1)): The
City Council will meet in Closed Session to'consid`er.:the appointment or employment
of the position ofCity'Attorney f
f'� �) i
Mayor Pro Tern Gardner reconvened toe, meeting at 3:50 p.m.
IV. CLOSED SESSION REPORT._.
Mayor Prp Pem'Gazdner announced that Council unanimously voted to appoint a new City
Attorney. �.
V. CURRENT BUSINESS`\
1. ",- APPOINTMENT ',OF CITY ATTORNEY AND APPROVAL OF EMPLOYMENT
AGREEMENT (Q1 4925).
Mayor <Pro TeiiVGardner reported that Council selected former Assistant City
Attorney lAaronHarp as the new City Attorney. Further, the Council Members in
attendance`approved the agreement which will be signed at a future date.
b
VI. ADJOURNMENT - 3:53 p.m.
The agenda for the Special Meeting was posted on August 16, 2011, at 2:30 p.m on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building. The amended agenda for the Special Meeting was
posted on August 17, 2011, at 11:30 a.m. on the City Hall Bulletin Board located
outside of the City of Newport Beach Administration Building.
Volume 60 - Page 234
City of Newport Beach
City Council Special Meeting Minutes
August 18, 2011
City Clerk
Recording Secretary
V)
Volume 59 - Page 235