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